In interpreting and applying these regulations, the requirements contained herein are declared to be the minimum requirements necessary to carry out the purpose of these regulations. Except as hereinafter provided, these regulations shall not be deemed to interfere with, abrogate, annul, or otherwise affect in any manner whatsoever any easements, covenants, or other agreements between parties. Whenever the provisions of these regulations impose greater restrictions upon the use of land or buildings, or upon the height of buildings, or require a larger percentage of lot to be left unoccupied than the provisions of other ordinances, rules, regulations, permits, or any easements, covenants, or other agreements between parties, the provisions of these regulations shall govern.

No buildings, structures, or land shall be used or occupied and no building, structure, or part thereof shall be erected, constructed, reconstructed, moved, enlarged, or structurally altered unless in conformity with the regulations of this ordinance.

No building or structure may be erected or use established unless upon a lot as defined by this ordinance except as provided in Section 3-23 or Section 9-1.

Except as herein provided (Refer to Section 6-3), there shall be no more than one (1) principal building or structure upon any lot other than within an I-1 or HI district.

No open spaces 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. (Refer to Section 3-25)

No part of any yard, other open space, or off-street parking or loading space required or in connection with any building, structure, or use by this ordinance shall be considered to be part of a required yard, or other open space, or off-street parking or loading space for any other building structure, or use except as provided in Section 7-6.

Except as provided in Section 3-23, no lot existing at the time of passage of this ordinance shall be reduced, divided, or changed so as to produce a tract of land which does not comply with the minimum dimension or area requirements of this ordinance for the district in which it is located unless said reduction or division is necessary to provide land that is needed and accepted for public use.

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

Accessory buildings on residential lots, when located within a side yard, shall be located no closer to property lines than would be allowed for a principal building. Accessory buildings shall not be located in the front yard of the principal use. Within a rear yard, an accessory building on a residential lot shall be located at least 8 feet from all rear and other property lines, except that in the case of corner lots, accessory buildings shall be set back from the centerline of an abutting street right-of-way a distance equal to 3/4 the front yard setback established for the zoning district in which the accessory buildings are located. In the case of a through lot (refer to Section 3-11), accessory buildings shall conform to front yard setbacks on both streets. Swimming pools shall conform to front yard setbacks on both streets. Accessory buildings or uses on non-residential lots shall comply with the minimum yard requirements established for the zoning district in which such accessory buildings or uses are located.

An accessory building may be permitted as a special exception by the mayor/council on a separate lot from the lot of the principal building provided that:

(a)

The lot upon which the accessory building is located shall adjoin the lot which contains the principal use, and

(b)

All requirements established for the zoning district in which such accessory building is located shall be complied with, and

(c)

Any structure or building erected shall meet the requirements of the City of Millen Building Code and shall be approved by the Building Inspector, and

(d)

Provided the mayor/council may require design features such as buffer strips, screening, etc., as may be found necessary to protect the purpose of the ordinance.

Swimming pools exceeding 24" in depth, accessory to residences or commercial uses, shall be secured from the public in accordance with International Residential Code (IRC), Appendix G for residential uses and International Building Code (IBC) for commercial uses.

This shall not apply to swimming pools, garden arbors, playground equipment, decks, or patios. Accessory buildings shall be limited to a maximum square footage as indicated in the following:

Any increase in square footage requirements shall be allowed only upon proper application and granting of a variance by the mayor/council (Refer to Section 11-6.2).

No building shall be erected on a lot which does not abut an open public street, except as provided for in planned developments. (Refer to Section 6-3)

In the case of a corner lot, side yard setback requirements from the centerline of the street right-of-way shall be equal to 75% of that required for the front yard setback for all zoning districts. On a corner lot where the main entrance into a residence is facing a side yard, it shall be permissible for purposes of this ordinance to construe the residence to be fronting on the street other than that street which said entrance faces, and side and rear yard requirements may be provided accordingly. If a building is constructed on a through lot having frontage on two roads not at an intersection, a setback from each road shall be provided equal to the front yard requirement for the district in which the lot is located.

On corner lots within all zoning districts except the B-1 zoning district, no fence, shrubbery or other obstruction to the traffic sight vision, except utility poles or light or sign standards, shall exceed a height of 3 feet within a triangular area formed by the intersection of the right-of-way lines of 2 streets or a street intersection with a railroad right-of-way line, and a diagonal line which intersects the right-of-way lines at 2 points, each 20 feet distance from the intersection of the right-of-way lines, or, in the case of a rounded corner, from the point of intersection of their tangents; provided, however, signs, lights, or similar objects which are totally located at least 12 feet above the finished grade shall be permitted.

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 special exception, then such use, class of use, or structures for such uses, shall be prohibited in such district.

Areas annexed to the City of Millen subsequent to the adoption of this ordinance shall be placed in the R-E zoning district, unless other zoning is formally requested and approved with the annexation petition. All rezoning requests which accompany an annexation petition shall pay the required fee for zoning amendments (refer to Section 12-2.1). Such annexed and R-E zoned areas shall remain R-E until such time as the comprehensive zoning plan of the city has been extended to include the annexed area and a zoning change is executed in accordance with the provisions of this ordinance for zoning amendments. (Annexation is governed by O.C.G.A. Title 36, Chapter 36 (§ 36-36-1 et seq.) This paper will also address the latest amendments to the Zoning Procedures Law, O.C.G.A. § 36-66-1 et seq.,( including the problems it was designed to address).

In the event that a district boundary line on the zoning map divides a lot of record held in one ownership on the date of passage of this ordinance, 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 50 feet beyond the district boundary line in accordance with setbacks and yard requirements of the district into which he is encroaching.

Within any residential district, no wall or fence shall exceed 4 feet in height within or along a boundary of a front or 8 feet side yard.

Buffer yards shall be required along the side and rear yards of the proposed development wherever the proposed development abuts a different existing or permitted use. The existing use of the zoning classification of the adjacent property, shall determine the type of buffer yard required. Vacant property will not require a buffer.

(1)

Buffer Yard Specifications. The following tables prescribe buffer yard types as well as minimum number of trees and shrubs per 100 linear feet. Where feasible and appropriate, developers are encouraged to exceed these minimum requirements.

 Buffer Type Required

 Buffer Type Descriptions

A minimum 50% of all canopy trees, and minimum of 75% of all understory trees and shrubs shall be evergreen vegetation. Planting areas must be mulched with approved material. Upon maturity, buffer yards shall not contain any unobstructed openings more than 10 feet in width.

(2)

Location. Buffer yards shall be located on the side and rear yard of the lot or parcel and extend inward from the parcel boundary line for the required depth. Buffer yards shall not be located in any portion of an existing or dedicated public right-of-way or private street, or stormwater detention/retention area. Buffer yards shall not be used for any parking or loading purposes, nor contain any structures. Only approved driveways and pedestrian pathways may encroach into a required buffer yard.

(3)

Existing vegetation. Existing vegetation may be retained and used to meet buffer requirements. In the event existing vegetation does not satisfy buffer requirements, it shall be supplemented with additional plantings. Proposed plant materials shall be grouped or massed to achieve a natural looking and unified buffer.

(4)

Maintenance. The entire buffer yard shall be maintained as green open space with the required plantings. Maintenance of a required buffer yard shall be the responsibility of the property owner or any consenting grantee. If the plant materials die, they shall be replaced within 60 days.

General Landscaping Standards

A.

Minimum specifications for plant materials.

1.

All plant material shall be nursery grown, and installed according to accepted planting procedures.

2.

Shrubs shall be at least 18 inches in height at the time of installation.

3.

All landscaped areas and buffers shall be sodden or covered with ground cover.

4.

Ground cover used in lieu of grass shall be planted so as to present a finished appearance and reasonably complete coverage within three months of installation.

5.

At least 25 percent of the required trees installed in landscaped buffers, landscaped parking areas, and to meet tree planting requirements shall be canopy trees.

6.

Existing trees, which are four inches DBH (Diameter at Breast Height) or larger, and shrubs may be counted toward meeting the requirements for landscaped buffers, landscaped parking areas, and tree retention.

7.

Canopy trees shall not be installed under any overhead utility line, over any buried utilities, or within a utility easement.

B.

Requirements for landscaping.

1.

The plan shall show the location, size, and description of all proposed plant materials.

2.

Existing plant materials, other than invasive species, may be counted toward meeting the landscaping requirements.

3.

At least ten percent of the total gross land area of a development site shall be landscaped. The landscaped areas shall be located on the site in such manner as to maximize preservation of existing trees.

4.

At least four shade trees per acre shall be provided, which may include existing trees, trees required for buffers, or trees required for parking lot landscaping.

C.

Landscaping requirements for parking lots.

1.

Perimeter landscaping: a minimum of a ten foot wide strip of land, located between the property line and a parking lot shall be landscaped. Width of sidewalks shall not be included within the ten foot wide from setback perimeter landscape area.

D.

Interior landscaping.

1.

Parking lots with 20 or more parking spaces shall provide interior landscaping.

2.

Interior planting areas may be located in tree islands, at the end of parking bays, or between rows of parking spaces. One raised parking lot island shall be provided along the length of each row, thereby creating separated parking areas to aid in safe and orderly use of the lot and confine vehicle movements to marked drives. Planting areas may also be located within driveway medians, provided the median is a minimum of ten feet wide. The height of the island is a minimum six inches from parking lot surface. Length of island is equal to the length of the parking row.

3.

The design of interior landscaped areas shall comply as set forth in the General Landscape Standards.

Screening requirements for such areas shall be as prescribed in section 3-17 Buffer Yard Requirements.

Within any non-residential district, side yards and rear yards shall not be required adjacent to railroad rights-of-way.

Any lot of record existing at the time of the adoption of this ordinance, which has an area or a width which is less than required by this ordinance, shall be subject to the following exceptions and modifications identified in Sections 3-23 and 3-25.

When a building or structure is proposed on a lot and when on either or both lots which adjoin such lot at the street right-of-way line there exists a principal building which does not conform to the setback requirements of this ordinance, the required setback for such building or structure shall be as follows:

(1)

where only one said adjoining lot contains a principal building with a non-conforming setback, the setback shall be the computed average of

(a)

the normal setback requirement with;

(b)

the nonconforming setback, or

(2)

where both adjoining lots contain a principal building each with a non-conforming setback, the minimum setback shall be the computed average of the two nonconforming setbacks.

On cul-de-sacs approved by the city engineer the minimum front yard setback line can be increased up to 15 feet further back from the right-of-way line and must be established on a recorded plat.

The height limits of these regulations shall not apply to a church spire, belfry, cupola, dome, or ornamental tower not intended for human occupancy, monument, water tower, observation tower, transmission tower, chimney, smoke stack, conveyor, flag pole, radio or television tower, mast or aerial, parapet wall not extending more than four feet above the roof line of the building, and necessary mechanical appurtenances.

Architectural features such as cornices, eaves, steps, gutters, and fire escapes may not project more than three feet beyond any required setback line, except where such projections would obstruct driveways which are or may be used for access and service and/or emergency vehicles. However, in the case of automobile service stations, motels, and similar uses which serve the motoring public, canopies shall be allowed over a driveway or walkways within the front yard not to extend from the principal building to a point any closer than 15 feet from the street right-of-way line.

In all residential districts or upon lots with residential structures, it shall be prohibited:

(1)

To park or store in open sight, wrecked or junked vehicles, power driven construction equipment, used lumber, metal or rubbish, or any other miscellaneous scrap or salvage material in quantity;

(2)

To park tractor-trailer combinations, tractors and/or trailers;

(3)

To place or operate a commercial animal kennel;

(4)

To park or place containers commonly known as "freight", "shipping", "storage" and/ or "Portable On-Demand Storage (PODS)" unless one of the following exceptions are met:

a.

Container is used in the construction of the primary residence or accessory structure or development of new subdivision provided it is removed from the premises within 30 working days of the issuance of a certificate of occupancy; or

b.

Container is being used to facilitate the transport of personal property to and from existing structures in connection with the moving of a resident provided that there is no more than one container per site at any one time which shall be removed within 15 days of its placement.

Placement of any container in compliance with this section shall not encroach upon any portion of any right-of-way, shall not obstruct or impair any visual lines of sight to any public thoroughfare, and shall comply with all applicable side and rear yard setback requirements.

When a lot of record has a width less than the frontage required in the district in which it is located and said lot cannot be increased in width as provided in Section 3-23, then the zoning administrator shall be authorized to reduce the side yard requirements for such lot provided, however, that there shall be not less than an eight foot side yard.

Recreational vehicles shall not be utilized as a permanent dwelling in any zoning district. Occupancy exceeding 30 days shall be considered permanent.

When a lot within a residential zone is proposed by rezoning, the rezoning application shall include a site plan drawn to scale, showing the lot, the street, the house, the driveway and the proposed off-street parking; this site plan shall be approved by the Building Official prior to the zoning administrator accepting the application. If the lot is to be rezoned by governmental petition, the site plan will be required when the change in use is requested through the issuance of the certificate of occupancy. Where a lot and house is configured such that the minimum development standards of this ordinance or other ordinances of the City of Millen cannot be adhered to, the City Engineer has the authority to allow subsequent improvements provided the contract fee for the City Engineer's consultation is paid for by the rezoning applicant.

a.

Pavement width.

b.

Pavement encroachment to adjacent property lines.

c.

Driveway radius encroachment to beyond the property line.

Off-street parking in front of the residential structure shall not be allowed. However, off-street parking or development in front of existing structure may be considered and approved by the City of Millen's mayor/council only after review of a site plan submitted as a part of the rezoning request.

Residential development in the B-1 district is subject to a parking plan for the downtown area approved by the mayor/council.

The International Building Code; International Fuel Gas Code; International Mechanical Code; International Plumbing Code; National Electric Code; International Fire Code; International Energy Conservation Code; International Residential Code including Appendix G; International Property Maintenance Code; and International Existing Building Code shall be enforced in the corporate limits of the City of Millen, Georgia. Whenever a provision of these codes conflicts with a City of Millen ordinance or regulation then the standard code provision shall control, unless the City ordinance or regulation contains an express statement that it supersedes the standard code requirement.