Within the districts established by this resolution or amendments that may later be adopted, there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before this resolution was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this resolution or future amendments. It is the intent of this resolution to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this resolution that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

61.1. Incompatibility of nonconforming uses. Nonconforming uses are declared by this resolution to be incompatible with permitted uses in the districts in which such use is located. A nonconforming use of a structure, a nonconforming use of land or a nonconforming use of a structure and land in combination shall not be extended or enlarged after January 9, 1973, by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition or replacement by other uses of a nature which would be generally prohibited in the district in which such use is located.

61.2. Avoidance of undue hardship. To avoid undue hardship, nothing in this resolution shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this resolution and upon which actual building construction has begun.

61.3. Single nonconforming lots of record. A single lot of record which does not meet the requirements for area or width or both that are applicable in the district existing at the effective date of adoption or amendment of this resolution may be used or sold for the erection of those buildings and accessory buildings necessary to carry out the permitted uses in that district, provided:

61.3.1. Yard dimensions and lot coverage requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located;

61.3.2. Variance for yard dimensions and lot coverage requirements shall be obtained only through action of the board of zoning appeals as provided for in section 114;

61.3.3. Locational requirements of accessory buildings and uses are met as provided for in section 93.1;

61.3.4. Parking space requirements for all districts are met as provided for in section 62.2;

61.3.5. Such lot must not have continuous frontage with other lots in the same ownership;

61.3.6. In residential districts, buildings shall be limited to single-family detached dwellings.

61.4. Nonconforming lots of record in combination. If two or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this resolution and it all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this resolution and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this resolution, nor shall any division of any parcel be made which creates a lot with a width or area below the requirements stated in this resolution.

61.5. Nonconforming uses of land. Where on January 9, 1973, lawful uses of land exist which would not be permitted by the regulations imposed by this resolution, the uses may be continued, so long as they remain otherwise lawful, provided:

61.5.1. No such nonconforming uses shall be enlarged or increased nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this resolution;

61.5.2. No such nonconforming uses shall moved in whole or in part to any portion of the lot or parcel other than that occupied by such uses at the effective date of adoption or amendment of this resolution;

61.5.3. If any such nonconforming uses of land are voluntarily discontinued for a period of more than six months, any subsequent use of such land shall conform to the district in which such land is located; and

61.5.4. No additional structure not conforming to the requirements of this ordinance shall be erected in connection with such nonconforming use of land.

61.5.5. If any such nonconforming uses of land are occupied by temporary, mobile or portable structures, which are moved for any reason for any period of time, no other, structure may be constructed on or moved onto said property until the use is made to conform with these regulations.

61.6. Nonconforming structures. Where a lawful structure exists at the effective date of adoption or amendment of this resolution that could not be built under the terms of this resolution by reason of restrictions on area, lot coverage, height yards, its location on the lot, bulk, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

61.6.1. No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity;

61.6.2. Should such nonconforming structure or a nonconforming portion of the structure be destroyed by any means to the extent of more than 50 percent of its current replacement value it shall not be reconstructed except in conformity with the provisions of this resolution;

61.6.3. Should such structure be voluntarily moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which located after it is moved.

61.7. Nonconforming uses of structures or of structures and premises in combination. If lawful use involving individual structures, of a structure and premises in combination, exists at the effective date of adoption or amendment of this resolution that would not be allowed in the district under the terms of this resolution, the lawful use may be continued so long as it remains otherwise lawful; subject to the following provisions:

61.7.1. No existing structure devoted to a use not permitted by this resolution in the district in which it is located shall be enlarged, extended, constructed, reconstructed voluntarily moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located;

61.7.2. Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed;

61.7.3. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this resolution, but no such use shall be extended to occupy any land outside such building;

61.7.4. When a nonconforming use of a structure, or structure and premises in combination is voluntarily discontinued or abandoned for more than six months (except when government action impedes access to the premises), the structure or structure and premises in combination, shall not thereafter be used except, in conformity with the regulations of the district in which it is located;

61.7.5. Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure to the extent of more than 50 percent of its current replacement value shall eliminate the nonconforming status of the land.

61.8 Repairs and maintenance. On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done on ordinary repairs including remodeling, or repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, provided that the cubic content existing when it became nonconforming shall not be increased. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

Off-street automobile storage or parking space shall be provided on every lot on which any permitted use is established in accordance with this resolution.

62.1. General requirements. For the purpose of this resolution the following general requirements are specified:

62.1.1 The term "off-street parking space," shall mean a space at least ten feet wide and 20 feet in length with a minimum net area of 200 square feet, excluding area for egress and ingress and maneuverability of vehicle.

62.1.2. Parking spaces for all uses shall be located on the same lot with the main buildings to be served, except as provided below:

62.1.2.1. If an off-street parking space cannot be reasonably provided on the same lot on which the principal use is conducted, the board of zoning appeals may permit (as a special exception) such space to be provided on other off-street property, provided such space lies within 400 feet of an entrance to the principal building and provided that such space is located within a zoning district which permits the principal use. Such vehicle parking space shall be associated with the permitted use and shall not there after be reduced or encroached upon in any manner.

62.1.2.2. The required number of parking spaces for any number of separate uses may the required space assigned to one use may not be assigned to another use at the same time, except that up to one-half of the parking space required for an existing church whose peak attendance will be at night or on Sundays may be assigned to a use which will be closed at nights or on Sundays.

62.1.3. An area reserved for off-street parking in accordance with the requirements of this resolution shall not be reduced in area changed to any other use unless the permitted use which it serves is discontinued or modified, except where equivalent parking space is provided to the satisfaction of the board of zoning appeals.

62.1.4. Off-street parking existing on January 9, 1973, in connection with the operation of an existing building or use shall not be reduced to an amount less than hereinafter required for a similar new building or use.

62.2. Parking space requirements for all districts. Off-street automobile storage or parking space shall be provided with vehicular access to a street or alley, and shall be equal to the minimum requirements for the specific land use set forth.

62.3. Site requirements. All off-street parking, except that for one-family and two-family dwellings, shall be laid out, constructed, and maintained in accordance with the following requirements:

62.3.1. All such parking areas shall be hard surfaced with concrete or plant bituminous material and shall be maintained in a dustproof condition and a good stand of grass shall be maintained on the remainder of the lot.

62.3.2. Lighting facilities shall be so arranged that light is reflected away from adjacent properties.

62.3.3. The parking lot shall be adequately drained.

62.3.4. A buffer shall be provided along those lot lines of the. parking area which abut residential districts.

62.3.5. A raised curb of at least six inches shall be erected along all parking and drive areas except for driveway openings.

Off-street loading and unloading spaces shall be provided as hereinafter required by this resolution.

63.1. Size of off-street loading spaces. Each off-street loading space shall have minimum dimensions of 14 feet in height, 12 feet in width and 55 feet in length. However, upon sufficient demonstration that a particular loading space will be used exclusively by smaller trucks, the board of zoning appeals may reduce the minimum size.

63.2. Connection to street or alley. Each required off-street loading space shall have direct access to a street or alley or have a driveway which offers satisfactory ingress and egress for trucks.

63.3. Floor area over 10,000 square feet. There shall be provided for each hospital, institution, hotel, commercial or industrial building or similar use requiring the receipt or distribution of materials or merchandise, and having a floor area of more than 10,000 square feet, at least one off-street loading space (not necessarily a full space if shared by an adjacent establishment) so located as not to hinder the free movement of pedestrians and vehicles over a sidewalk, street, or alley.

[63.4 Reserved.]

63.5. Bus and trucking terminals. There shall be provided sufficient space to accommodate the maximum number of buses or trucks to be stored or to be loaded at the terminal at any one time.

63.6. Location of off-street loading spaces. All required off-street loading spaces shall be located on the same lot as the building which they are intended to serve, or on an adjacent lot when shared with the use occupying said adjacent lot.

63.7. Permanent reservation. Area reserved for off-street loading in accordance with the requirements of this resolution shall not be reduced in area or changed to any other use unless the permitted use which is served is discontinued or modified, except where equivalent loading space is provided and approved by the board of zoning appeals.

The requirements for controlling curb cuts and maintaining vision clearance shall be as follows:

64.1. Curb cuts. No curb cut shall exceed 50 feet in length, nor shall curb cuts be closer than 20 feet to an intersection of two streets measured along the curbline.

64.2. Vision clearance. In all use districts, no fence, wall, shrubbery, sign, marquee, or other obstruction to vision, between the heights of 2½ and ten feet from the ground level shall be permitted within 25 feet of the intersection of the right-of-way lines of two streets or railroad lines, or of a street intersection with a railroad line.

All streets and roads in the unincorporated area of Peach County are hereby divided into the following classes as shown on the major thoroughfare plan adopted by the county commission and on record in the office of the county clerk:

65.1. Expressways. A street designed for fast, continuous movement of all types of traffic, with control over access to abutting property and the spacing of street intersections.

65.2. Arterial. A street designed for rapid, continuous movement of all types of traffic but with less control over the access points from streets and adjacent property than expressways.

65.3. Collector street. A street designed to carry traffic with relatively little interruption and at moderate speeds between local, service streets and arterials, including the principal entrance streets of a residential development and streets for circulation within such a development.

65.4. Minor street. A local service street intended to provide direct access to abutting property. Examples of such streets are:

65.4.1. Cul-de-sac. A service street having one end open to traffic, with the other end permanently terminated by turnaround.

65.4.2. Marginal access street. A street generally parallel and adjacent to expressways, arterials, or connector streets, for the purpose of providing access to abutting properties and of separating highspeed from local traffic.

Commercial vehicles and trailers of all types, including travel, boat, camping, and hauling, shall not be parked or stored on any lot occupied by a dwelling or any lot in any residential district except in accordance with the following requirements:

66.1. No more than one commercial vehicle per dwelling shall be permitted; and in no case shall a commercial vehicle containing explosives, gasoline, or liquified petroleum products be permitted. The board of zoning appeals may grant a special exception to the terms of this provision based upon the following:

66.1.1. The commercial vehicles were parked or stored on said residential lot prior to January 9, 1973.

66.1.2. The owner or operator of said commercial vehicles does not have an alternate parking space.

66.1.3. The commercial vehicles are not parked within a public street right-of-way on which no parking is allowed.

66.1.4. The commercial vehicles are parked on residential lots in R-AG, R-1, R-2, R-3, and MH zones.

66.1.5. The location of said commercial vehicles creates no adverse safety hazards.

66.2. Travel trailers, hauling trailers, or boat trailers shall be permitted if parked or stored behind the front yard building line.

66.3. A travel trailer shall not be occupied either temporarily or permanently while it is parked or stored in any area except in a travel trailer park authorized under this resolution.

67.1. In any commercial or industrial district, any operation not conducted within a building, such as drive-in businesses, outdoor recreation, outdoor storage of materials, and outdoor servicing activities, shall be enclosed by a wall or fence of solid appearance or tight evergreen hedge not less than six feet in height where necessary to conceal such areas or facilities from a residential districts adjoining or facing across a street in the rear or on the side of the principal building or use.

67.2. In any district where reference is made requiring adequate screening of a specified operation, such screen shall be a wall or fence of uniform material, solid in appearance or tight evergreen hedge not less than six feet in height.

67.3. Outdoor lighting of all types shall be directed so as to reflect away from all residential dwellings, and shall be so situated as not to reflect directly into any public rights-of-way.

The following minimum distances between buildings shall be required unless otherwise specified within this resolution:

68.1. The minimum distance between main multifamily buildings located on the same lot or parcel shall be:

68.1.1. Front to front arrangement .....40 feet

68.1.2. Front to rear arrangement .....50 feet

68.1.3. Rear to rear arrangement .....30 feet

68.1.4. Side to side arrangement .....20 feet

68.1.5. All other combinations .....20 feet

69.1. Every building or use erected or established shall be located upon a lot, as defined in this resolution, and, except as provided in this resolution, there shall be no more than one principal building or use upon any lot.