This chapter shall be known and may be cited as the "City of St. Marys, Georgia Zoning Ordinance".

(Ord. of 9-12-94, art. 1)

(a)

Enactment. In accordance with the authority granted by the Constitution of the State of Georgia, as enacted by the Georgia General Assembly and ratified by general election, the City Council of St. Marys, Georgia, does hereby ordain and enact into law the City of St. Marys Zoning Ordinance. As part of this ordinance so enacted into law is the "Official Zoning Map of St. Marys, Georgia".

(b)

Purpose. [The purpose of this chapter is] to provide for the best use of property promoting the health, safety, morale, convenience, order, prosperity, and general welfare of the people of St. Marys.

(c)

Objectives. These regulations are designed to:

(1)

Lessen congestion in the streets;

(2)

Secure safety from fire, panic, and other dangers;

(3)

Promote health and general welfare;

(4)

Provide adequate light and air;

(5)

Prevent overcrowding of the land;

(6)

Avoid undue concentration of the land;

(7)

Facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public requirements;

(8)

Sustain the character of the city and its suitability for particular uses;

(9)

Promote desirable living conditions and stability of neighborhoods;

(10)

Protect property from blight and depreciation;

(11)

Secure economy in governmental expenditures;

(12)

Conserve the value of buildings; and

(13)

Channel the most appropriate use of land and buildings throughout the city.

(d)

Scope. [The scope of this chapter is as follows:]

An ordinance of the City of St. Marys, Georgia regulating the location, height, bulk, number of stories and size of buildings and other structures; the percentage of lot which may be occupied; the sizes of yards and other open spaces; the density and distribution of population; and the uses of buildings; structures and lands for trade, industry, residence, recreation, conservation, water supply, sanitation, public safety, public activities, preservation of scenic areas, protection against floods, rising waters and erosion, and other purposes; creating districts for said purposes and establishing the boundaries thereof, defining certain terms used herein; providing for the method of administration, appeal and amendment and duties; providing penalties for violation; and for other purposes.

(e)

Planning commission's power to adopt design guidelines. The planning commission shall have the flexibility to adopt design guidelines for any zone without amendment to the ordinance from which this section derives.

(Ord. of 9-12-94, §§ 201—204; Ord. of 5-24-10, § 1)

No building or structure shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used for any purpose other than is permitted in the district in which the building or land is located.

(Ord. of 9-12-94, § 301)

No building shall be constructed or erected upon a lot, or parcel of land, which does not abut upon a public street or permanent easement of access to a public street, which easement shall have a minimum width of 25 feet, unless an easement of lesser width was of record prior to the adoption of this chapter.

(Ord. of 9-12-94, § 302)

Nothing in this chapter shall be deemed to require any change in the plans, construction of designated use of any building upon which actual construction was lawfully begun prior to the adoption of this chapter and upon which building actual construction has been diligently carried on, and provided further, that such building shall be completed within two years from the date of passage and publication of this chapter.

(Ord. of 9-12-94, § 303)

Any area annexed to the city shall, upon such annexation be automatically zoned R-1, Single-family Residential District, and shall be subject to all restrictions applicable in such districts, unless the ordinance annexing such area specifically designates a different land use district and further provided that the procedures established for zoning ordinance amendments by article VII have been followed.

(Ord. of 9-12-94, § 304)

Unless otherwise stated by this chapter, the following public utility uses shall be permitted within easements or dedicated public rights-of-way in any district: Poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves, and any other similar transmission and distribution equipment (but not including distribution centers and substations), provided that the installation thereof shall conform with the rules and regulations of the applicable administrative authorities.

(Ord. of 9-12-94, § 305)

(a)

Interpretation of terms. For the purpose of this chapter, the following definitions shall apply:

(1)

Words used in the singular shall include the plural, and the plural shall include the singular.

(2)

Words used in the present tense shall include the future tense and the past tense.

(3)

The word "shall" is mandatory and not discretionary.

(4)

The word "may" is discretionary.

(5)

The phrase "used for" shall include the phrases "arranged for", "designed for", "intended for", "maintained for" and "occupied for".

(6)

Words not defined herein shall be construed to have the meaning given by common and ordinary use.

(b)

Definitions.

Accessory building. A building customarily incidental and subordinate to the main buildings.

Accessory use. A use customarily incidental, appropriate and subordinate to the principal use of land or buildings located upon the same premises.

Advertising sign or structure. Any cloth, card, paper, metal, painted, glass, wooden, plastic, plaster, stone sign or other sign, device, or structure of any character whatsoever, including statuary, placed for outdoor advertising purposes on the ground or on any tree, wall, bush, rock, post, fence, building or structure. The term "placed" shall include erecting, constructing, posting, painting, printing, tacking, nailing, gluing, sticking, carving, or otherwise fastening, affixing, or making visible in any manner whatsoever. The area of an advertising structure other than a sign shall be determined as the area of the largest cross-section of the structure. Neither directional, warning, nor other signs posted by public officials in the course of their public duties nor merchandise or material being offered for sale, shall be construed as advertising signs for the purpose of this definition.

Advertising sign, outdoor (billboard). A sign which directs attention to a profession, business, commodity, service, or entertainment other than one conducted, sold, or offered upon the premises where such sign is located, or on the building to which such sign is affixed.

Airport. Publicly owned airports.

Airport hazard. Any structure or tree or use of land which obstructs the air space required for the flight of aircraft in landing or taking off at an airport, or which otherwise is hazardous to such landing or taking off of aircraft.

Alley. A minor right-of-way dedicated to public use which affords only a secondary means of vehicular access to the back or side of properties otherwise abutting on a street and which may be used for public utility purposes.

Apartment. A building designed for or occupied by four or more families with separate housekeeping facilities for each family, including apartment houses, apartments and flats, efficiency apartments, and studio apartments, but not including, boarding homes, hotels or motels.

Boardinghouse. A dwelling other than a hotel where, for compensation and by prearrangement for definite periods, meals or lodging and meals are provided for two or more persons.

Buildable area of lot. The buildable area of a lot is the space remaining after the minimum open space requirements of this chapter have been met.

Building. Any structure having a roof supported by columns or by walls and intended for shelter, housing, or enclosure of persons, animals or personal property.

Building line. The line, established by law, beyond which the building shall not extend, except as specifically provided by law.

Building height. The vertical distance measured from the mean finished ground level adjoining the building to the highest point of the roof. For structures to be constructed within the floodplain, the mean finished ground level shall be measured from the elevation of the designated 100-year flood, as identified on the current flood insurance rate map, to the top of the highest point of the roof. For structures to be constructed outside or above the 100-year floodplain, as identified on the current flood insurance rate map, the mean finished ground level shall be measured from the elevation of the existing ground area proposed for the structure (taken at the geometric center of the proposed structure) to the highest point of the roof.

Building official. The employee or employees of the City of St. Marys, or their duly authorized representative, given the responsibility for building inspection and construction permitting.

Building, principal. A building in which there is conducted the principal use of the lot on which said building is situated. (See also accessory building.)

Building setback line. A line establishing the minimum allowable distance between the front of the structure and the front property right-of-way line when measured perpendicularly thereto. The term "building line", where used in this chapter, shall be synonymous with the term "building setback line".

Building site. A single parcel of land under one ownership, occupied or intended to be occupied by a building or structure.

Centerline of street. The line surveyed and monumented by the City of St. Marys or the Georgia Department of Transportation or if a centerline has not been surveyed and monumented, it shall be that line running midway between the outside curbs or ditches of the street.

Club. Building and facilities owned or operated by a corporation, association, person, or persons for a social, educational, or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.

Condominium (building). A building containing three or more individually owned dwelling units and related, jointly-owned, common areas as defined by the laws of the State of Georgia.

Construction. For the purpose of section 110-5, construction begins when a building permit is issued.

Curb cut. Any interruption or break in the line of a street for the purpose of connecting a driveway to a street, or otherwise to provide vehicular access to abutting property.

Day care center or kindergarten. Any place used for the daytime care or education of five or more children under 17 years of age where the children's parents or guardians are not residents of the premises.

Dwelling. A building or portion thereof that provides living facilities for one or more families; including one-family, two-family and other multiple-family dwellings, but not including hotels and boardinghouses.

Dwelling, multifamily. A structure designed for the occupancy of two or more families with separate housekeeping facilities for each family.

Dwelling, single-family. A detached building designed exclusively for occupancy by one family.

Dwelling unit. One or more rooms in a dwelling, apartment, boardinghouse, hotel or motel, designed primarily for occupancy by one family for living or sleeping purposes.

Fair market value. The value of property or structures, shall mean, as determined by the tax assessor, either: (a) before the improvement was started; or (b) if the structure has been damaged and is being restored, before the damage occurred.

Family. One or more persons occupying a dwelling unit, living as a single, nonprofit housekeeping unit; provided that a group of four or more persons who are not within the second degree of kinship shall not be deemed to constitute a family.

Notwithstanding the definition in the preceding paragraph, a family shall be deemed to include four or more persons not within the second degree of kinship occupying a dwelling unit and living as a single, nonprofit housekeeping unit, if said occupants are handicapped persons as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988. Such unrelated individuals shall have the right to occupy a dwelling unit in the same manner and to the same extent as any family unit as defined in the first paragraph of this definition.

Food truck park. A place where more than one food truck with a valid license sets up on a non-temporary basis for the purpose of offering and serving food to patrons and which offers space for patrons to eat on the premises.

Home business office. An office within a dwelling which is secondary to the use of the structure for dwelling purposes. The office may be for the purposes of service or trade workers who customarily work at various locations, such as electricians, plumbers, appraisers, or individuals who work at home, such as writers or computer programmers. Home business offices are not offices for on-site customer servicing. Customers are prohibited from visiting the office and there may be no signs indicating the presence of such office on the premises.

Home occupation. Any occupation or profession carried on by the inhabitants which is clearly incidental and secondary to the use of the dwelling for dwelling purposes, which does not change the character thereof, and which is conducted entirely within the main or accessory buildings; provided that no trading in merchandise is carried on and in connection with which there is no display of merchandise or sign other than one nonilluminated nameplate not more than two square feet in area attached to the main or accessory building and no mechanical equipment is used or activity is conducted which creates any dust, noise, odor, or electrical disturbance beyond the confines of the lot on which said occupation is conducted.

Hotel or motel. A building or group of buildings under one ownership containing sleeping rooms occupied, intended or designed to be occupied, as the more or less temporary abiding place of persons who are lodged with or without meals for compensation, but not including an auto or trailer court or camp, sanitarium, hospital, asylum, orphanage, or building where persons are housed under restraint. Hotel and motel include tourist homes and bed and breakfasts.

Institution. A building occupied by a nonprofit organization or corporation or a nonprofit establishment for public or semi-public use.

Junk yard. An open area where waste, used or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires, and bottles. A "junk yard" includes automobile wrecking yards and includes any area for storage, keeping, or abandonment of junk but does not include uses established entirely within enclosed buildings.

Loading space, off-street. Space logically and conveniently located for pickups and deliveries scaled to delivery vehicles expected to be used and accessible to such vehicles.

Lot. A parcel or plot of land of varying size which is designated as a single unit of property and which is intended to be occupied by one building, or group of buildings, and its accessory buildings and uses as required by this chapter.

(1)

Lot area. The total area included within lot lines.

(2)

Lot, corner. A lot situated at the intersection of two or more streets.

(3)

Lot coverage. The percentage of lot area covered by principal and accessory buildings and structures.

(4)

Lot, double frontage. A lot, other than a corner lot, which has frontage on more than one street other than an alley.

(5)

Lot depth. The mean distance between front and rear lot lines.

(6)

Lot frontage. The linear distance a lot or parcel abuts a public street or permanent easement from beginning to end at any one point. For lots that front a street at more than one point, this distance shall not be construed as a cumulative amount.

(7)

Lot lines. Lines forming the boundaries of a lot as defined above.

(8)

Lot width. Distance between the side boundaries of the lot measured at the front yard set back line.

Lot of record. A lot which is part of a subdivision, a plat of which has been legally recorded in the records of the Clerk of Camden County Superior Court; or a parcel of land, the deed of which has been legally recorded in the same office as of the effective date of this chapter.

Manufactured housing. All structures identified by any manufacturer as modular, manufactured, and/or prefabricated shall be considered 'manufactured' and shall be permitted only in the residential zones identified in ordinance 110. Manufactured homes shall be constructed in strict compliance with the data and definitions contained in O.C.G.A. 8-2-131 and the state fire marshal's regulations 120-3-7. In addition, all manufactured homes shall be constructed with a permanent foundation of either concrete block, brick, or galvanized metal stud with solid stucco finish to be in compliance with coastal hurricane wind loading requirements. Any manufactured home located within a one percent flood plain shall comply with City Ordinance Chapter 54 as well as all applicable FEMA flood requirements. All foundation skirting shall be of permanent material around the entire perimeter of the manufactured home, with ventilation vents (and flood vents if required) to ventilate the area. The payment of a yearly renewal fee and inspection is required for all new manufactured homes.

Manufactured housing park. A parcel of land which is used or intended to be used for the rental or lease of spaces, stands, or manufactured houses and the provision of services for two or more manufactured houses.

Manufactured housing space, stand. A plot of ground within a manufactured housing park designed for the accommodation of one manufactured house for rent or lease and not to be bought or sold individually.

Mobile homes. A transportable factory built home, designed to be used as a year-round residential dwelling and built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976. Mobile homes are not permitted uses in any district. Existing mobile homes (also known as trailers, single wide, double wide, etc.) which are so damaged, worn out or obsolete that is has lost one half or more of the value paid for it by the current owner may be replaced with a manufactured home upon determination by the building inspector that the existing mobile home is damaged, worn out or obsolete to the required extent. If required to be replaced with a manufactured home, the definition and conditions as listed for a manufactured home shall apply. Manufactured housing is only permitted within the MH zone.

Modular home. A factory fabricated, transportable building consisting of units designed to be incorporated at a building site on a permanent foundation into a permanent structure to be used for residential purposes and which bears a seal of compliance with regulations of the Southern Building Code Congress International. For the purposes of this chapter, modular home shall be construed to be a single-family dwelling.

Naval Submarine Base Kings Bay. The place known as Naval Submarine Kings Bay which is operated by the United States Navy. This shall be interpreted to include all of the area on parcel 147 001 as well as any land or land either permanently or temporarily covered by water that is fenced in by the United Stated Navy for the purpose of operating a military base.

Nonconforming use. Any building structure or uses of land or building lawfully existing at the effective date of this chapter, which does not conform with the provisions of this chapter or amendments thereto.

Nursing home. A home for aged or ill persons in which three or more persons not of the immediate family are provided with food, shelter and care for compensation, but not including hospitals, clinics, or similar institutions devoted primarily to diagnosis and treatment.

Personal property. Any property which is not real property.

Physical construction. Permanent emplacement of structural components.

Public utility. Any person, firm or corporation, municipal department, board or commission duly authorized to furnish and furnishing under federal, state, or municipal regulations to the public: Natural gas, steam, electricity or other energy sources, water, sewage disposal, communication, including cable TV.

Right-of-way line. The outside boundaries of a highway right-of-way, whether such right-of-way be established by usage, dedication or by the official right-of-way.

Shipping containers. For the purposes of this ordinance, portable storage containers also known as conex boxes or shipping containers of any size length or condition are not permitted for human occupancy, or permanent or temporary storage, except as listed in Section 110-8—Temporary storage containers, in any residential zone of the city. Shipping containers are permitted in commercial and industrial zones for storage purposes only.

Small box discount store. A retail store that is 12,000 square feet or less in size, which offers for sale a variety of convenience shopping goods and continuously offers the majority of the items in their inventory for sale at a price less than $10.00 per item. "Small box discount store" does not include stores that contain a pharmacy, sell gasoline or diesel fuel, prepared food, or primarily sell specialty food items (i.e. meats, seafood, cheese, or oils and vinegars).

Special use. A special use is that activity or use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location, or relation to the neighborhood would promote the public health, safety, morals, order, comfort, convenience, appearance, prosperity, or general welfare. Such uses may be permitted in zoning districts as special uses, if specific provisions for such special uses are made in this chapter. This is not to be confused with a variance.

Story. That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling.

Street. Any public or private thoroughfare which affords the principal means of access to abutting property.

Street, intersecting. Any street which joins another street at an angle, whether or not it crosses the other.

Structure. Anything constructed or erected, the use of which requires location on the ground or attached to something having a location on the ground.

Subdivision. The division of a parcel or tract of land into two or more lots for immediate or future use.

Temporary storage units. Temporary (or portable) storage units (similar to PODS) are transportable units designed and used primarily for temporary storage of building materials, household goods, personal items, construction debris and other materials for use on a limited basis on residential property. Temporary storage units connected to construction are required to be removed within two weeks of the issuance of the certificate of occupancy. For the purposes of moving, the unit would be permitted for no longer than three months.

Townhouse. A building containing two or more attached, individually owned dwelling units with no related common areas.

Travel trailer. Any single-family structure ordinarily towed by a motor vehicle or self-propelled and being no longer than 36 feet, having a water closet toilet.

Variance. A variance is a relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, owning to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of this chapter would result in unnecessary practical difficulties. As used in this chapter, a variance is authorized only for height, area and size of structure, for size of yards and open spaces and for any rule or regulation herein involving distance, area, height, or any other dimension, to include by way of example, but not limited to, setback distances for buildings, distances of curb cuts from corners, etc.; establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district. This is not to be confused with special uses.

Yard. An open space on the same lot with a principal building, unoccupied, and unobstructed by buildings or structures from ground upward, except as otherwise provided in this chapter.

(1)

Yard, front. An open, unoccupied space on the same lot with a principal building, extending the full width of the lot, and situated between the street right-of-way and the front line of the building projected to the side lines of the lot.

(2)

Yard, side. An open, unoccupied space on the same lot with the principal building, situated between the building and the side line of the lot and extending from the rear line of the front yard to the front line of the rear yard.

(3)

Yard, rear. An open, unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the site lines of the lot.

(Ord. of 9-12-94, §§ 401, 402; Ord. of 6-26-03; Ord. of 11-13-06(2), § 1; Ord. No. 2015-015, 5-4-15; Ord. No. 2015-021, 6-15-15; Ord. No. 2020-11-2-002, 11-2-20; Ord. No. 2020-12-21-001, 12-21-20; Ord. No. 2021-3-1-005, 3-1-21; Ord. of 3-7-22)

(a)

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of public health, safety, morals, or general welfare. Wherever the requirements of this chapter are at variance with the requirements of the lawfully adopted rules, regulations, or ordinances of the City of St. Marys, Camden County, State of Georgia, and the United States of America, the most restrictive or that imposing the higher standards shall govern.

(b)

The city shall not approve any request for any subdivision, special use, variance, or other request that is in opposition to any currently effective, legally adopted deed restriction and/or covenants which apply to the property for which the request is made.

(1)

An applicant for any variance, special use, rezoning, or subdivision of any parcel that has covenants or deed restrictions shall submit with the application a valid copy, certified by the Clerk of Superior Court of Camden County, Georgia, of the deed restrictions and/or covenants currently in effect.

(2)

This deed restrictions and/or covenants data will be used by the city to determine the validity of any application for variance, special use, rezoning, subdivision or other matter.

(3)

The city is not required to enforce and will not enforce any deed restrictions, covenants or similar private legal agreements concerning the use of land in the city.

(c)

In the event any portion of this article shall be declared or adjudged invalid or unconstitutional, it is the intention of the city council of the city that such adjudication shall in no manner affect the other sections, sentences, clauses, or phrases of this article which shall remain in full force and effect, as if the invalid or unconstitutional section, sentence, clause, or phrase were not originally a part of the article.

(Ord. of 9-12-94, § 1201; Ord. of 7-9-07, §§ 1, 2)