Any lot of record which is legal prior to the date of adoption of this ordinance may be used, subject to the following:

(1)

Use of substandard lots. Where the owner of a lot at the time of the adoption or amendment of this ordinance does not own sufficient area and width to enable him to conform to the dimensional requirements of this ordinance, the lot may be used as a building site for a structure or use permitted in the zone in which it is located, provided the owner has the approval in writing of the Meriwether County Health Department and Meriwether County Community Development Department.

(2)

Residential use of substandard lots. In addition to subsection (1) of this section, in any residential district, any lot of record existing at the time of adoption or amendment of this ordinance that has a width or area less than that required by this ordinance may be used as a building site, or for any permitted use in residential districts. When it is not possible to provide the required side yards and at the same time build a minimum width single-family dwelling, the planning commission is empowered to hear the request for a side yard variance. If a minimum ten-foot side yard is not possible, then a variance for minimum width for a single-family dwelling may be requested.

(Ord. No. 2020-04, § 1(Exh. A), 8-25-2020)

(a)

Lot area. Hereafter, no lot shall be reduced in size so that the lot area per family requirement of this ordinance is altered, except when a portion of a lot is acquired for a public purpose.

(b)

Yards and open space.

(1)

Whenever a lot abuts upon a public alley, one-half of the alley width may be considered as a portion of the required yard.

(2)

Every part of a required yard shall be open so that projections such as sills, window air conditioning units, chimneys, cornices and ornamental features may not extend into a required yard.

(3)

Other provisions of this ordinance notwithstanding, fences, walls, hedges, driveways and buffer areas may be permitted in any required yard or along the edge of any yard, provided that no fence, wall or hedge along the street sides of corner lots shall violate the corner visibility provisions of this ordinance (see section 5.3 of this appendix, corner visibility).

(c)

Front yards.

(1)

Where an official line has been established for the future widening or opening of a street or major thoroughfare upon which a lot abuts, the depth of a front or side yard shall be measured from such official line to the nearest line of the building.

(2)

On through lots, the required front yard shall be provided on each street.

(3)

Corner lots shall meet the minimum front yard requirements on the side adjacent to both streets.

(4)

Open, un-enclosed porches, platforms or paved terraces, which are not covered by a roof or canopy and do not extend above the level of the first floor of the building, may extend or project into the required setback area six feet or less.

(5)

Within the same block and zoning district, when 25 percent or more of the existing buildings are located within 200 feet on each side of a lot and have less than the minimum required setback, the required front setback of such lot should not exceed the average of the existing front setbacks.

(d)

Side yards.

(1)

For the purposes of the side yard regulations, a group of commercial buildings separated by common or party walls shall be considered as one building occupying one lot.

(2)

The minimum width of side yards for schools, libraries, churches and other public or semi-public buildings in residential districts shall be 25 feet. Where a side yard is adjacent to a business or commercial district, then the width of that yard shall be as required for the district in which the building is located.

(e)

Fences and walls. No fence or freestanding wall in a required yard other than a retaining wall shall be more than eight feet in height.

(Ord. No. 2020-04, § 1(Exh. A), 8-25-2020)

No sign, fence, wall, hedge, planting or other obstruction to vision, extending to a height in excess of three feet above the established street grade, shall be erected, planted or maintained within the area of a corner lot that is included between the lines of the intersecting streets and a straight line connecting them at points 25 feet distant from the intersection of the street lines.

(Ord. No. 2020-04, § 1(Exh. A), 8-25-2020)

(a)

An accessory building shall not be permitted in any required front yard, except as specified in subsection (h) and (i) of this section.

(b)

No accessory building or structure shall be erected beyond a required yard line along any street.

(c)

Residential accessory uses such as residential, garages, greenhouses or workshops shall not be rented or occupied for commercial purposes unless the provisions of a home occupation are met.

(d)

Any accessory building, unless otherwise required herein, must be located at least ten feet from the principal building.

(e)

Areas in which the accessory storage of a boat, boat trailer, or travel trailer is permitted, it shall not include the required front yard.

(f)

Gasoline station pumps and pump islands, where permitted, may occupy the required yards, provided that they shall not be less than 15 feet from street lines. Canopies, whether attached or detached from the principal building, must be at least 14 feet in height and the outermost edge shall be five feet from the required front yard.

(g)

All nonresidential accessory buildings shall only be used by the owners, employees, lessees or tenants of the premises, and shall meet the setback requirements of the principal building.

(h)

An open or unenclosed swimming pool may occupy a required rear or side yard provided that the pool, does not encroach on setback lines. A three-foot wide walking space shall be provided between pool and protective fence or barrier walls.

(i)

Only one residential accessory building may be used as a guesthouse and shall be no less than 500 and no more than 1,000 square feet of heated and finished floor area. The location of the guest house must be located in the rear or side yards and not exceed 100 feet in distance from the principal dwelling. Guesthouse must meet all zoning setback requirements. Power service and sewer must be separate from the principal dwelling. Parking made available and vehicle access must be connected to the existing driveway accessing the public roadway. At no time shall the guesthouse be rented out for short-term and/or long-term rental.

(Ord. No. 2020-04, § 1(Exh. A), 8-25-2020; Ord. No. 2023-07, 10-24-2023)

The conduct of business in R-1 and RD zoned districts may be permitted under the provisions of this section. It is the intent of this section to ensure the following:

(1)

Compatibility of home occupations with other uses permitted in residential zoning districts.

(2)

Maintain and preserve the character of residential neighborhoods and provide peace, quiet and domestic tranquility within all residential neighborhoods.

(3)

Residential home occupations, where permitted, must meet the following special requirements:

a.

A home occupation is subordinate to the use of a dwelling unit for residential purposes. No more than 25 percent of the floor area of the dwelling unit may be used in connection with a home occupation or for storage purposes in connection with a home occupation.

b.

No more than one home occupation shall be permitted within a single dwelling unit.

c.

The residential home occupation is limited to employment of residents of the property and not more than one additional nonresident of the property.

d.

A home occupation shall produce no noise or obnoxious odors, vibrations, glare, fumes, or electrical interference detectable to normal sensory perceptions outside the principal structure.

e.

No traffic shall be generated by such home occupations in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met by providing off-street space and located in a rear or side yard.

f.

On the premises, retail sales are prohibited, except for the retail sales of products or goods produced or fabricated on the premises as a result of the home occupation.

g.

There shall be no exterior indication of the home occupation or variation from the residential character of the principal use.

h.

No on-street parking of business-related vehicles (either marked or commercially equipped) shall be permitted at any home. No business-related vehicles larger than a van, panel truck or pick-up truck are permitted to park overnight on the premises. There can be only one business-related vehicle.

i.

A home occupation shall be carried on wholly within the principal use. No residential home occupation shall store goods, materials, or products connected with a home occupation in accessory buildings or garages that are attached or detached.

j.

The following are permitted residential home occupations:

1.

Architectural services.

2.

Art studio.

3.

Consulting services.

4.

Data processing.

5.

Direct sale product distribution (Amway, Avon, Jaffra, Mary Kay, Tupperware, etc.), provided there is no production on-premises.

6.

Drafting and graphic services.

7.

Dressmaking, sewing, tailoring, contract sewing (one machine).

8.

Electronic assembly.

9.

Engineering service.

10.

Financial planning or investment services.

11.

Flower arranging.

12.

Home office.

13.

House cleaning service.

14.

In-home child care, but not more than six children at a time, including the caregiver's own pre-school children.

15.

Insurance sales or broker.

16.

Interior design.

17.

Laundry and ironing service.

18.

Locksmith.

19.

Real estate sales, broker or appraiser.

20.

Telephone answering or switchboard call forwarding.

21.

Tutoring, including all indoor and outdoor instructional services, limited to two students at a time.

22.

Writing, resume services, and computer programming.

k.

Prohibited residential home occupations:

1.

Ambulance service.

2.

Restaurants or food preparation.

3.

Veterinary services (including care, grooming and boarding).

4.

Automobile repair, parts sales, upholstery, detailing, or washing services.

(Ord. No. 2020-04, § 1(Exh. A), 8-25-2020)

Rural home occupations in the low-density residential district shall be permitted under the provisions of this section. It is the intent of the section to ensure the compatibility of rural home occupations with other uses permitted in the low-density residential district, maintain and preserve the rural character of the area, and not create a nuisance for residents in the area by excessive traffic, smoke, or noise, or be a fire hazard, The purpose of rural home occupations is to provide a means for residents in the larger lot rural residential district to participate in the type of businesses permitted in residential districts, be able to conduct the home occupation in an accessory building where necessary, and to park, on-site, vehicles required for home occupations. Rural home occupations, where permitted, must meet the following special requirements:

(1)

The minimum lot size is five acres. For lots less than five acres, the home occupation is limited to the provisions of section 5.5 of this ordinance.

(2)

The rural home occupation shall be clearly subordinate to the principal use of the parcel and shall not change the residential character of the area. No more than 25 percent of the floor area of the principal dwelling shall be used in connection with the home occupation or storage purposes.

(3)

The rural home occupation shall be conducted within a dwelling or within an accessory building, provided all structure uses are harmonious in appearance with the rural residential or single-family district.

(4)

One accessory building, not exceeding 1,000 square feet, may be used in connection with the rural home occupation.

(5)

The business of selling stocks of merchandise, supplies or products shall not be conducted on-premises, except under the following circumstances:

a.

Orders previously made by telephone or at sales parties may be filled on-premises; and

b.

Incidental retail sales as may be necessary or in connection with the permitted home occupation.

(6)

The existence of the rural home occupation shall not be apparent outside the dwelling or accessory building in which the rural home occupation is conducted, except that one display sign limited to nine square feet of sign area shall be permitted. The display sign added to all other signs on the parcel shall not exceed the maximum signage allowed in the district.

(7)

No outside storage of equipment or materials used in the conduct of the rural home occupation, other than trade vehicles, is permitted.

(8)

The rural home occupation is limited to residents of the property and not more than two additional nonresidents of the property.

(9)

No additional points of access to any street shall be permitted, unless necessary to provide safe and proper access to the proposed use.

(10)

The following are permitted rural home occupations:

a.

All occupations permitted in section 5.5(3)j. of this ordinance.

b.

Appliance repair.

c.

Barber shops/beauty shops (limited to two stations).

d.

Cabinet making.

e.

Ceramics.

f.

Contracting, masonry, plumbing or painting.

g.

Tow truck services.

h.

Upholstery.

i.

Veterinary services.

j.

Antique shops.

k.

Small-scale garden plants for sale to retail commercial gardening and supply stores.

(Ord. No. 2020-04, § 1(Exh. A), 8-25-2020)

(a)

The uses permitted under this section apply to the agricultural (A-1) and rural residential (RR) zoned districts. Farm occupations may involve any one of a wide range of uses, so long as the use is compatible with the primary agricultural use of the land. The applicant shall demonstrate to the zoning administrator that the farm-based business is compatible with the rural setting and shall not create nuisances for nearby residents.

(b)

No more than 2,000 square feet of gross floor area in any one building shall be occupied by the farm-based business.

(c)

No more than one acre shall be devoted to the farm-based business, including the structure, parking, storage, and driveway (if separate from the primary residence driveway).

(d)

Where practical, farm-based businesses shall be conducted within an existing building located on the farm parcel. However, any building constructed for use by the farm-based business shall be:

(1)

Located behind a residence; or

(2)

Set back a minimum of 100 feet from any public street right-of-way.

(e)

Any building constructed for the use of the farm-based business shall be of a nature that it can be converted to agricultural use or removed from the property if the farm-based business is discontinued. The structure shall blend with the surrounding agricultural setting.

(f)

A site development sketch shall be submitted to the community development department for approval. The sketch shall show the location of any building, distance from property lines, parking and locations of signage.

(g)

No farm-based business shall be located within 100 feet of any adjoining side or rear property line, nor within 100 feet of any adjacent residential zoning district. Such distances shall be measured as a straight line between the closest points of any structure or any other physical Improvement of the farm-based business and the adjoining property line.

(h)

Any outdoor storage of supplies, materials or products shall be in an area least visible to the public, stored in an orderly fashion and adjacent to the building in which the farm-based business is located. Such outdoor storage shall be screened from adjoining roads and properties in accordance with the buffers specified in article 8 of this ordinance.

(i)

An on-premises, freestanding sign is permitted for the farm-based business and shall be in accordance with chapter 24, signs, of the Meriwether County Code of Ordinances.

(j)

The Meriwether County Zoning Administrator may also require such other reasonable conditions as deemed appropriate.

(k)

The following are permitted farm-based businesses:

(1)

All uses listed in sections 5.5(3)j. and 5.6-10.

(2)

Farm equipment sales and service.

(3)

Greenhouse or nursery sales.

(4)

Flea markets.

(5)

Livestock sales or auction facilities.

(6)

Pet and dog grooming.

(7)

Produce stands.

(8)

Any farm-based businesses approved by the Meriwether County Commission.

(Ord. No. 2020-04, § 1(Exh. A), 8-25-2020)

This use is allowed as a special exception in A-1, RR, RD and R-1 zoned districts.

(1)

Rooms for rent are located in single-family dwelling units.

(2)

The bed and breakfast is occupied by the owner as his principal residence.

(3)

The same rental occupants shall not reside at the bed and breakfast for more than seven consecutive days.

(4)

Breakfast is the only meal served, and only to registered overnight guests.

(5)

No person not a resident is employed at the bed and breakfast.

(6)

The exterior appearance of the dwelling unit is not altered from its residential character except for safety purposes.

(7)

The freestanding sign shall be no larger than two square feet, and not internally lighted.

(Ord. No. 2020-04, § 1(Exh. A), 8-25-2020)

This use is allowed as a special exception in the R-1 zoned district and is a use of right in the NHC zoned district.

(1)

A building or dwelling unit, not necessarily owner-occupied, that offers transient lodging accommodations and breakfast for four or more guest rooms for compensation, provided:

a.

There is compliance with the same licensing, inspection and taxation requirements as hotels, motels and restaurants.

b.

If within a residential district, the dwelling or building shall maintain the residential character of the neighborhood.

c.

Breakfast is the only meal served, and only to overnight guests.

d.

The owners may have employees other than the owner and the owner's family.

e.

One off-street parking space shall be provided for each employee.

f.

One off-street parking space shall be provided for each rental room.

g.

In residential zoned districts, signage shall be limited to one sign of no more than two square feet.

(Ord. No. 2020-04, § 1(Exh. A), 8-25-2020)

All proposed cemeteries, whether public, private or in conjunction with a religious institution, shall not be located in a floodplain area as delineated by flood insurance rate maps (FIRM) for Meriwether County. Cemeteries shall be set back not less than 50 feet from any right-of-way line.

(Ord. No. 2020-04, § 1(Exh. A), 8-25-2020)

To ensure the health, safety and welfare of the citizens of Meriwether County, the following regulations shall be established for the maintenance of property in the county:

(1)

Non-functioning appliances shall be stored in an enclosed accessory or principal building. Any non-functioning appliances such as refrigerators, freezers, stoves, etc., shall have doors removed prior to storage.

(2)

Any major auto repairs such as rebuilding motors, transmissions or heavy body work shall be done in an enclosed accessory building or on a section of property not visible from the public street.

(3)

Non-licensed and/or inoperable vehicles shall be stored in an enclosed accessory building. No more than three non-licensed and/or inoperable vehicles shall be stored on property unless application for a junkyard has been issued by the Meriwether County Community Development Department.

(4)

Yard sales shall last for a specified duration only. There shall not be any continuous yard sales in Meriwether County. Storing of yard sale items shall be in an enclosed accessory or principal building and shall not be on display in any yard except during the hours of the yard sales. Yard sales may last eight hours a day, no more than three days a week, at the same residence.

(5)

No abandoned mobile or manufactured homes shall be used as a storage or accessory building. Abandoned mobile/manufactured homes shall be removed from property at the owner's expense upon notification by the codes enforcement officer.

(Ord. No. 2020-04, § 1(Exh. A), 8-25-2020)

To ensure the safety, health and welfare of the citizens of Meriwether County, the following shall be the regulations necessary for junkyards, junk businesses and salvage operations:

(1)

The minimum lot area for a junkyard, junk business or salvage operation shall be no less than ten acres and be zoned industrial.

(2)

All junkyards, junk businesses or salvage operations shall be buffered in accordance with article 8 of this ordinance, buffer requirements, section 8.2(5).

(Ord. No. 2020-04, § 1(Exh. A), 8-25-2020)