In all use districts except the C-1 General Commercial District, no fence, wall, shrubbery, sign, marquee, or other obstruction to vision between the heights of three (3) feet and fifteen (15) feet shall be permitted within twenty (20) feet of the intersection of the right-of-way lines of two (2) streets or railroads lines, of a street intersection with a railroad line, driveway curb cut or along the sides of property lines approaching a street. Exception shall be made for utility poles, lighting standards, traffic and street signs and trees, the branches of which are kept trimmed to a height of eight (8) feet above the street level. Notwithstanding any part of this Ordinance or any permit granted or any variance granted by the Planning and Zoning Commission, no type of structure, vehicle, tree, plant, vegetation, sign or fence, or any type of obstacle or any portion thereof shall be placed or retained in such a manner which would create a traffic hazard or would obstruct the vision clearance of corners, curb cuts, or railroad crossings in any zone.

After the date of passage of this ordinance, it shall be unlawful for any person or persons or corporation to initiate new use or uses of any land within the corporate boundaries of the City of McRae-Helena or to erect or construct any new structures or to move, or to add any footage to an existing structure, except by authority of permit issued by the Building Inspector of said city acting as Administrative Officer of the regulations contained in this ordinance. No building permit is required for landscaping.

No structures shall be moved in or into any zone from other locations or other lots unless they are in good condition and comply in all respects with the regulations of the zone into which moved, and [are] approved by the Building Inspector.

Corner lots shall maintain the same side yard regulations as interior lots except in cases where the lot in the rear of the corner lot fronts upon the side street; in which case, there shall be a side yard on the side street of not less than 50% of the front yard required on the lot in the rear of such corner lot and no accessory buildings shall project beyond the front building of the lot in the rear.

On lots having frontage on two (2) streets, but not located on a corner, the minimum front yard shall be provided on each street in accordance with the provisions of the Ordinance.

1.

Setbacks shall be measured on a perpendicular line from the property line to the nearest support for the roof of the structure.

2.

On irregular lots the side yards shall be measured from the building line nearest the narrow portion of the lot.

3.

Roof projections (eaves) shall not exceed 36 inches into minimum yards.

1.

All pumps shall be set back at least 15 feet from the right-of way line.

2.

The number of curb breaks for an establishment shall not exceed two for each 100 feet of street frontage, each having a width of not more than 50 feet and located not closer than 20 feet to the street intersection. Two or more curb breaks on the same street shall be separated by an area of no less than 10 feet.

1.

Every part of a required yard shall be open from its lowest point to the sky, unobstructed, except for the ordinary projection of sills, belt courses, cornices, buttresses, ornamental features, chimneys.

2.

An open, unroofed porch or paved terrace may project into a required front yard for a distance not exceeding ten (10) feet if the area is not enclosed.

3.

Where an alley exists at the rear of a lot, one-half of the width of said alley may be computed as a part of the rear yard.

Whenever a commercial or industrial use abuts a residential use, the commercial or industrial property shall provide a buffer strip between the two uses.

Where commercial or industrial districts abut residential districts, a ten (10) foot wide buffer strip shall be provided along the abutting property lines. Such buffer strip shall be planted with evergreen trees or shrubs that grow at least eight (8) feet tall and provide an effective visual screen. Such plantings must be in accordance with all provisions of this Ordinance, and shall be maintained in a healthy, growing condition. Fences and/or walls may also be required upon review of the plans.

Wherever screening is required by this Ordinance, a masonry wall, or fence and hedge of sufficient capacity to provide a visual blind, designed to be compatible with the character of adjoining properties, shall be provided. Such fences and walls shall be at least five (5) feet in height measured from the ground along the common lot line of the adjoining property. Hedges or comparable natural plantings shall be of such variety that an average height of at least five (5) feet could be expected by normal growth within no later than three (3) years from the time of planting.

Zoning requirements do not apply to government-owned property. A local Board of Education shall be exempt from county and municipal assessments and fees for county and municipal building permits and inspections and exempt from county and municipal impact fees.

In a C-1 district where a lot abuts any residential district, a five-foot-wide buffer shall be provided with screening as specified in Section 911. Off-street parking associated with such uses shall be governed by this same provision.

In the event that a district boundary line on the zoning map divides a lot of record held in one (1) ownership on the date of passage of this chapter, each part of the lot so divided shall be used in conformity with the regulations established by this Ordinance, for the district in which each such parcel is located; except, however, that if the property owner of such a lot, other than a through lot, so desires, he may extend a use allowed on the greater portion of said lot 35 feet beyond the district boundary line in accordance with setbacks and yard requirements of the district into which he is encroaching.

If either a use or class of use is not specifically indicated as being permitted in a district either as a matter of right, or as a variance, then such use, class of use, or structures for such uses, shall be prohibited in such district.

No open space shall be encroached upon or reduced in any manner except in conformity to the yard, setback, off-street parking spaces, and such other regulations required by this Ordinance for the district in which such building is located. Shrubbery, driveways, retaining walls, fences, curbs, and planted buffer strips shall be construed not to be encroachments of yards. (See Section 917.)

No building, structure, service area, or required off-street parking and loading facilities, except driveways, shall be permitted to encroach on public rights-of-way.

Architectural features such as cornices, eaves, steps, gutters, and fire escapes may project not more than four (4) feet beyond any required setback line, except where such projections would obstruct driveways which are or may be used for access for service and/or emergency vehicles.

One (1) recreation vehicle, travel trailer, or camper, as defined in Article III Definition of Terms (58) of this Ordinance, may be stored on a residential lot provided it is located and unoccupied.

A manufactured or mobile home may be converted and used as an office, provided that it shall not be used as a residential dwelling unit.

Access to public streets shall be maintained in accordance with the following requirements:

1.

Each principal use shall be located on a lot or parcel which provides frontage on a public street having a right-of-way of not less than thirty (30) feet.

2.

All dwellings on a lot shall have access to a public street by means of a passageway open to the sky at least twenty (20) feet in width.

3.

Any building established as a part of a group development project which cannot properly be served by emergency or service vehicles from an abutting street shall be made accessible to such vehicles by a paved driveway having [a] roadbed width of not less than twenty (20) feet, exclusive of parking spaces.

4.

Local streets which carry less than six hundred (600) vehicles per day may have access points as needed to fit the development. Connector streets and arterial streets which carry more than six hundred (600) vehicles per day shall have a minimum distance between access points equal to seven (7) times the speed limit for that street.

5.

For all developments fronting on a state highway, no land use permit or sign permit shall be issued until the appraisal of the Georgia Department of Transportation (GDOT) has been obtained regarding access points, curb radii, drainage and related engineering design of concern to the GDOT as well as the Planning and Zoning Commission and the City Council.

The side yard setback requirements for corner lots shall be the same as the front yard requirements for adjoining lots on the same street.

All developments, structures, and uses shall meet the requirements of all federal and state regulations in effect, including, but not limited to, Department of Transportation and State Fire Marshal regulations, Georgia's Uniform Construction Codes, Georgia Department of Human Resource public health regulations, and Georgia Environmental Protection Division environmental rules and regulations. Approval of a building or occupancy permit by the local government does not constitute certification of compliance with such codes or regulations, and does not abrogate responsibility of the owner to so comply. Where such codes exceed the minimum requirements of this Ordinance, the stricter provisions shall apply.

All licenses issued must be for retail alcoholic beverages, and the location of the places of business or outlets must lie within areas zoned commercial (C-1) on a planning and zoning map of the City of McRae-Helena, and in addition, no such places of business selling alcoholic beverages shall be issued a license to operate anywhere else within the City Limits of the City of McRae-Helena, except the following locations:

(A)

On Oak Street, from the East City Limit Line extending entirely to the point of intersection with Eighth (8th) Street on the west.

(B)

On Eighth (8th) Street, from its point of intersection with Oak Street on the east extending entirely to its point of intersection with the West City Limit Line.

(C)

On Third (3rd) Avenue, from its point of intersection with the South City Limit Line extending entirely to its point of intersection with the North City Limit Line.

(D)

One block of North Railroad Street, lying between First (1st) Avenue and Second (2nd) Avenue.

(E)

All that property included within an area bounded as follows: North by Magnolia Street; East by Sixth (6th) Avenue; South by Northeast Railroad Street.

(F)

All property fronting on Northeast Railroad Street and lying between Second (2nd) and Third (3rd) Avenues.

(1)

Purpose. The purpose of a conditional use permit (CUP) is to allow the establishment of uses which may be suitable only in certain locations in a zoning district or only when subject to standards and conditions that assure compatibility with adjoining uses. Conditional uses are those uses which are generally compatible with the permitted land uses in a given zoning district, but which require review of their proposed location, design and configuration, and the impositions of conditions in order to ensure the appropriateness of the use at a particular location within a given zoning district. Only those uses enumerated as conditional uses in a particular zoning district shall be authorized as conditional uses. The CUP application must be accompanied by a site plan or building floor plan as deemed appropriate by the Code Enforcement Officer, City Manager, or other appropriate City Official. Site plans must be drawn to scale depicting how the proposed conditional use will conform to all space limits, buffers, parking and loading/offloading provisions, and other provisions outlined in the Zoning Ordinance of the City Of McRae-Helena. Upon issuing a conditional use permit, City Council may choose to attach permit to a tax parcel, individual commercial suite or unit, or corporate entity, without successors. A CUP is nontransferable to another location.

(2)

Application process.

(A)

Submittal of the application for a CUP. The property owner or designated applicant requesting a conditional use permit may apply for same with the Code Enforcement Officer and/or City Manager on a form designated by aforementioned and shall submit the completed application along with [the] application fee to the McRae-Helena City Hall.

(B)

Additional information in addition to the CUP permit may be requested by the City Official handling the permitting process.

(i)

Survey plat of subject property, prepared within the last ten (10) years by a professional engineer, landscape architect or land surveyor registered in the state of Georgia. Survey plat shall indicate the complete boundaries of the subject property and all buildings existing thereon; include a notation as to whether or not any portion of the subject property is within the boundaries of the 100 year flood plain; include a notation as to the total acreage or square footage of the subject property;

(ii)

Name, mailing address, e-mail address and phone number of all owners of the property which is subject to the application;

(iii)

Signed and notarized affidavit of all owners of the subject property authorizing the filing of the application for the conditional use permit and, where applicable, the signed and notarized affidavit of the owner of the subject property authorizing an applicant or agent to act on their behalf in the filing of the application for the conditional use permit. The application shall also contain a mailing address, an e-mail address, and phone number of any applicant who is authorized to represent the owner of the subject property;

(iv)

Written legal description of the property;

(v)

The existing use, proposed conditional use and the zoning district in which the property is located;

(vi)

A statement of the relationship and general compatibility of the proposed use to adjacent land use in terms of traffic, parking and noise and other nuisances;

(vii)

Statement of current zoning classification of property and the proposed use of the property;

(viii)

A written, documented analysis of the impact of the proposed conditional use permit with respect to all criteria contained in this ordinance;

(ix)

A statement of the relationship and general compatibility of the proposed use to adjacent land use in terms of traffic, parking and noise and other nuisances; and

(x)

Complete and detailed site plan of the proposed use prepared, signed, and sealed by an architect, landscape architect, engineer or contractor licensed in the state. The City shall reserve the right to request additional information according to the scope of the project. The plan shall show the following:

(a)

All buildings and structures constructed and their location on the property;

(b)

Height of proposed buildings;

(c)

Proposed use of each building;

(d)

All driveways, parking areas and loading/unloading areas;

(e)

Location of all trash and garbage disposal materials;

(f)

Setback and buffer zones as required by zoning district;

(g)

Landscaping plan for parking areas.

(3)

Staff analysis. The Code Enforcement Officer or his/her designee shall conduct a site inspection and shall prepare an analysis of each application for conditional use permit and shall present his/her findings and recommendations in written form to the Planning and Zoning Commission (hereinafter sometimes referred to as the "Commission"). No application shall be amended later than the deadline for advertising the requisite hearing before the Commission.

(4)

Notification of public hearing and posting of signs on property for zoning notification. Staff will notify the applicant of the date of the next available Commission meeting in accordance with those procedures established in Section 1404. As required by ordinance, the applicant will be responsible for the cost of posting the zoning notification signs on the property for which the conditional use permit has been requested prior to the public hearing in accordance with the Georgia Zoning Procedure Law.

(5)

Public hearing. A public hearing before the Commission is required for a conditional use permit application. The Policies and Procedures to be followed in the hearing have been adopted by Resolution R-066-17 and shall be made available at all Commission hearings. The Commission shall grant or deny the conditional use permit following the public hearing and after considering the criteria listed in the Standards Governing the Exercise of Zoning Power as adopted by Resolution R-066-17. Its decision shall be accompanied by written findings of fact and impose such conditions as are reasonably necessary to secure the purpose and objectives of this chapter. The Commission may vote on the CUP immediately after the public hearing or may defer to the next Council meeting for decision; the decision must be made not later than forty-five (45) days from the date of the public hearing, unless otherwise agreed to by the applicant or their designee.

(6)

Conditions. The Commission and City Council may require such modifications in the proposed use and attach such conditions to the CUP as they deem necessary to mitigate adverse effects of the proposed use and carry out the spirit and intent of the ordinance. Conditions and modifications may include, but are not limited to: limitation of building size or height, increased open space, limitations on impervious surfaces, enhanced loading and parking requirements, additional landscaping, curbing, sidewalk, vehicular access and parking improvements, placement or orientation of buildings and entryways, buffer yards, landscaping and screening, signage restrictions and design, maintenance of buildings and outdoor areas, and hours of operations.

(7)

Right to appeal. Any party, including the administrative staff of the city, aggrieved or affected by the decision of the Planning Commission involving an application for a conditional use permit may appeal to City Council. The City Council shall follow the same procedures and standards as are applicable to hearings before the Commission and shall render a decision in the same manner and under the same conditions.

(8)

Issuance of conditional use permit. Upon approval of the Commission or upon appeal and approval by City Council, the Code Enforcement Officer shall issue to the applicant a conditional use permit which includes any conditions imposed by the Commission and any modifications ordered by Council on appeal. Such permit shall become effective upon approval by the Commission or upon appeal and approval by Council. A conditional use permit shall authorize only one particular conditional use and such permit shall automatically expire if, for any reason, the conditional use shall not begin within two years after the permit is issued or shall cease for more than six months after the permit is issued. A conditional use permit shall be personal to the applicant and shall not run with the land, and shall expire upon a transfer of ownership.

(9)

Successive applications. An application for a conditional use permit affecting all or a portion of the same property shall not be submitted more than once every twelve (12) months measured from the date of the final decision of Mayor and City Council. The City Council may, by majority vote, waive or reduce this twelve-month time interval in case of a previously approved CUP. However, if the application for a conditional use permit was denied by the Planning and Zoning Commission for a particular property, the time interval between the date of said denial and any subsequent application for the same or substantially similar conditional use permit affecting the same property shall be no less than twelve (12) months.

(10)

Violations of findings of fact. Whenever a previously approved conditional use is in violation of any of the findings of fact or other imposed conditions, pursuant to Section 925(8), the Code Enforcement Officer shall give notice in the same manner as service of summons in civil cases, or by certified mail addressed to the owner of record of the premises at his or her last known address, or to the address to which tax bills are sent. The notice shall include reasons by which the Code Enforcement Officer finds the conditional use to be in violation, and a statement that the owner shall have 30 days to comply with the granted conditional use permit.

(11)

Permit revocation. Upon failure of the owner to comply with the notice, the Code Enforcement Officer shall notify the City Council that the conditional use is in violation and itemize the reasons for revocation of the conditional use permit. The City Council shall continue or revoke the conditional use permit at its first regular meeting after the notice is received.

(Ord. No. O-029-17, 9-14-2017)

Editor's note— As Ord. No. O-029-17 purported to add a new section 925 and the existing section 925 did not appear to be a true statement of positive law, reading as follows, the existing section 925 has been transferred into this footnote.
Section 925: Spot Rezoning.
Per City Attorney, Laurel Straughan (01/13/2004), you cannot do "Spot Rezoning." You can only rezone to extend an adjoining Zoning District. The property in question must adjoin property that is zoned the same as the requested rezoning district. You cannot rezone an isolated parcel of property.

(1)

Purpose. The purpose of this section is to apply certain protections to property owners whose property is properly zoned and used by a business operating with a valid conditional use permit or is classified as a legally nonconforming conditional use establishment. Without this section, when a business requiring a conditional use permit ceases to operate, the property owner is required to have any new business obtain a conditional use permit before operating a business with the same conditional use on said property or suite.

(A)

Definitions. For purposes of this section the following definitions apply:

(i)

The term "legally nonconforming" means legitimately operating in the City while noncompliant with the current code due to predating the code(s).

(ii)

The term "property owner" means persons, companies, corporations, partnerships or other business entities that own property within a zone designated as commercial or residential by the City.

(iii)

The term "business operating with a valid conditional use permit" means any company, corporation, partnership or other business entity located in a commercial or residential zone of the City which meets all of the following conditions:

i.

The business, if of a type commonly registered with the Office of the Secretary of State of the State of Georgia, must be currently registered with the Office of the Secretary of State of the State of Georgia must maintain on file with the City evidence of the type of business entity they are operating; and

ii.

The business must have a valid and current occupational tax license issued by the City; and

iii.

The business must have a valid and current conditional use permit issued by the City or fall under the exception granted by this section.

(iv)

The term "ceases to operate" shall mean a business that meets one or more of the following conditions:

i.

Where the interior area of the business structure is designated as patron or retail space meant for public use and more than 70 percent of that area has not been continually occupied by said use for a period of 30 days or more; or

ii.

Where the exterior areas and grounds of the business structure constitute necessary and customary use in the conduct of the business, and more than 70 percent of that area has not been occupied by said use for a period of 30 days or more; or

iii.

The City Council declares the business to be non-existing, deemed abandoned or out of business and notifies property owner; or

iv.

The occupational tax license has expired; or

v.

The conditional use permit for the business has expired.

(v)

The term "same conditional use" means a business that operates in such a manner as to require a conditional use permit from the City that is identical to the type of conditional use permit required by the previous business that is deemed to have ceased to operate.

(2)

Conditional Use Permit Expiration. All property owners whose property is zoned for and used by a business operating with a valid and current conditional use permit, or a conditional use classified as legally nonconforming shall have a maximum of sixty (60) days from the date that the business ceases to operate to use said property for a new business with the same conditional use without the new business having to obtain a conditional use permit from the City. After the sixty (60) day period expires, and nonconforming property and/or business must come in full conformance with all relevant zoning.

(Ord. No. O-029-17, 9-14-2017)

(Ord. No. O-029-17, 9-14-2017)