No building or structure shall be erected, and no existing building shall be moved, altered, added to or enlarged, nor shall any land, building, structure or premises be used, designed or intended to be used for any purpose or in any manner other than a use designated in this title, or amendments thereto, as permitted in the district in which such land, building, structure or premises is or are located.

(Ord. No. 25-01-02, § 1, 1-2-2025)

No building shall hereafter be erected or altered in any other manner contrary to the provisions of this title, so as to:

A.

Exceed the height limits;

B.

Accommodate or house greater number of families and persons;

C.

Occupy a greater percentage of lot area; or

D.

Have narrower or smaller rear yards, front yards, side yards, courtyards or other open spaces.

(Ord. No. 25-01-02, § 1, 1-2-2025)

No lot, even though it may consist of one (1) or more adjacent lots of record, shall be reduced in size so that the lot width, front, side or rear yards, lot area or other requirements of this title are not maintained. Additionally, no variance is allowed to the lot width or lot area of any residential use district. This section shall not apply when a portion of a lot is required for a public purpose.

(Ord. No. 25-01-02, § 1, 1-2-2025)

No part of a yard, other open space, off-street parking or loading space required for any building for the purpose of complying with the provisions of this title shall be included as part of the yard, off-street parking or loading space required for another building.

(Ord. No. 25-01-02, § 1, 1-2-2025)

One (1) principal building and its customary accessory buildings may be erected on any lot, except as authorized in other sections of this Title 17. Nor shall any buildings be erected on a lot which does not abut a public dedicated street for at least thirty (30) feet, except in the residential townhouse district (RTD).

(Ord. No. 25-01-02, § 1, 1-2-2025)

If not otherwise stated, any use not specifically permitted in a district shall be prohibited in that district.

(Ord. No. 25-01-02, § 1, 1-2-2025)

Where an existing double frontage lot faces a residential district on the opposite side, such a lot when zoned RTD, RM-75, OI, C-1, C-2, C-3, MU, M-1 or M-2 shall have vehicular access only from the major street and no access to the local streets within a residential district. All signs and advertising, if permitted in the OI, C-1, C-2, C-3, MU, M-1 or M-2 district, shall face the major street.

(Ord. No. 25-01-02, § 1, 1-2-2025)

All properties zoned or containing a use that is commercial, industrial and office-institutional shall have a buffer strip on any side or rear property lines adjacent to a residential district.

(Ord. No. 25-01-02, § 1, 1-2-2025)

The purpose of this section is to provide a method to recognize vested rights and works-in-progress that were authorized prior to the adoption of this code.

(Ord. No. 25-01-02, § 1, 1-2-2025)

A.

Any property zoned PUD (planned unit development) prior to the adoption of this code shall be subject to all development agreements and approved master plans until such time the property is rezoned.

B.

Any property that has been rezoned prior to the adoption of this code shall meet all zoning conditions imposed regardless of any zoning change caused by the code until such time the property is rezoned.

C.

Applicant shall be vested in any permit approved prior to the adoption of the code until such time as permit expires.

D.

An expired application shall not be vested against any change in the zoning code, or any applicable building code, or any other ordinance of the City of McDonough.

E.

All flag lots platted and recorded prior to the adoption of this code shall be considered legal, conforming lot of records.

(Ord. No. 25-01-02, § 1, 1-2-2025)

Most development projects commence quickly and finish within a reasonable time period, but not all projects do this, some development projects linger for months and years. For development projects that linger, the original approvals do expire after a set period of time.

A.

Development project approval. When a project is approved administratively by the BZA or by an ordinance of the mayor and city council, the city assumes that the project shall commence in a timely matter.

B.

Approval expirations. The countdown for when an approval expires begins on the day the project was originally approved by the city. The expiration period for various project types are as follows:

1.

Exterior façade. Six (6) months with one (1) ninety-day extension is allowed;

2.

Signs. Six (6) months with one (1) ninety-day extension is allowed;

3.

Variances. One (1) year with one (1) six-month extension is allowed;

4.

Zoning amendment. One (1) year. Preliminary plat must have commenced, or the project must have made substantial progress. A zoning amendment is allowed two (2) six-month extensions;

5.

Preliminary or final plat. If work has not commenced in one (1) year, two (2) six-month extension are allowed;

6.

Conditional uses. One (1) year. Conditional uses have to start the renewal process before the first year expires;

7.

Special use permits. One (1) year. Special use permits have to start the renewal process before the first year expires;

8.

Concept plan. One (1) year, no extensions;

9.

Land development permit. One (1) year with two (2) six-month extensions are allowed;

10.

All permit applications that have not been approved within one hundred eighty (180) days of the process being initiated (acceptance of first set of plans) shall expire after one hundred eighty (180) days. Extensions are granted at the discretion of the director.

C.

Phased projects. The first phase must begin within one (1) year of the initial approval. Subsequent phases must start within one (1) year of the previous phase's completion. If not, the approval on all subsequent phases will expire immediately, and the remaining phases of the project will revert to their pre-approval state.

D.

Extensions. To file for an extension, the community development office must receive an application for an extension thirty (30) days before the original approval expires. Any extension requests received within less than thirty (30) days of expiration will pay double the application fee. If an extension is requested within thirty (30) days of the approval expiring, the application fee will be tripled.

E.

Expiration. Once the original approval expires, the city has the right to revert the property or use back to the state that the property existed before the development project was approved.

F.

Previous approvals. Any Development projects approved three (3) years before the effective date of Title 17: Zoning update on January 1, 2025, these development projects have one (1) year to apply for an extension. If no extension is requested by January 1, 2026, the city shall reserve the right to let any previous approvals expire and revert to the state of the property prior to the original approval. Projects that received their approval prior to January 1, 2022, have one (1) year to contact the community development department before their approvals may be rescinded or modified by action of the mayor and city council.

(Ord. No. 25-01-02, § 1, 1-2-2025)