A home occupation as defined by this chapter shall be governed by the following requirements:

(1)

Only residents of the dwelling may be engaged in the home occupation.

(2)

The home occupation shall be clearly incidental to the residential use of the dwelling and shall not change the essential residential character of the building.

(3)

Only one (1) point of business sign, not exceeding two (2) square feet in size, motionless, nonlighted, and attached to the principal building, shall be permitted, and no advertising signs shall be permitted.

(4)

Use of the building for this purpose shall not exceed twenty-five (25) percent of one (1) floor of the principal building.

(5)

No internal or external alterations inconsistent with the residential use of the building shall be permitted.

(6)

The occupation shall not constitute a nuisance in the neighborhood.

(7)

No accessory buildings or outside storage shall be used in connection with the occupation.

(8)

Instruction in music and similar subjects shall be limited to two (2) students at a time.

(9)

Vehicles used primarily as passenger vehicles only shall be permitted in connection with the conduct of the customary home occupation.

(10)

No more than three (3) nontransient guests may be boarded at any one (1) time as a customary home occupation.

(11)

The following and similar uses shall be considered home occupations: addressing service, art instructor, beauty shop (with no more than one (1) operator), dentist, doctor, drafting, dressmaking, insurance agent, manufacturing agent, massage parlor, music teacher, notary public, photography, real estate agent, tax consultant. See Section 8-4-44(93).

(Ord. No. 2019-01, 4/15/19)

Any group of buildings devoted to the same use and intended to be operated under one (1) management, such as a garden apartment project or medical office development, known herein as a group development project, may be permitted as a special exception by the Mayor and Council, providing it shall meet the following requirements:

(1)

Minimum lot size. The minimum lot size shall be two (2) acres.

(2)

Street access. 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.

(3)

Separation of buildings. All residential buildings established as a part of a group development project shall be not less than twenty (20) feet apart.

(4)

Setback requirements. All buildings and structures established as a part of a group development project shall comply with the front yard setbacks, and the exterior side and exterior rear yard requirements established for the district in which located.

(5)

Uses prohibited. In no case shall a use be permitted as a part of a group development project that is prohibited by this chapter in the district in which such project is to be located.

(Ord. No. 2019-01, 4/15/19)

New or remodeled buildings for use as offices for medical, dental, legal, forestry, surveying, financial, architectural, engineering, real estate or insurance professions may be permitted as a special exception and allowed in R-2 and R-3 districts by the Mayor and Council providing the following requirements are met. (See Sections 8-4-5(b) and 8-4-45.)

(1)

Parking. Off-street parking shall be provided with one (1) space for each two hundred (200) square feet of floor area plus one (1) space for each employee. See Section 8-4-68.

(2)

Setback requirements. All professional office buildings and structures shall comply with the front yard setbacks, and the exterior side and exterior rear yard requirements established for the district in which they are to be located.

(3)

Point of business sign. Only one (1) point of business sign, not exceeding six (6) square feet in size, motionless, nonlighted, and attached to the principal building, shall be permitted, and no advertising signs shall be permitted. (See Section 8-4-44(2)158, Table of Permitted Uses.)

(Ord. No. 2019-01, 4/15/19)

(a)

Definition. A "subdivision" is the division of a tract or parcel of land into three (3) or more lots, building sites, or other divisions for the purpose, whether immediate or future, of sale or building development, and includes all division of land into three (3) or more lots involving a new street, or a change in existing streets; or division of land involving the extension of water or sewer lines and includes resubdivisions. The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant [number] of lots are equal to the standards of Section 8-4-45 nor the division of land into parcels of five (5) acres or more where no new street is involved is not considered a subdivision.

(b)

Development plan. The development plan for the subdivision shall be prepared as a preliminary subdivision plat and shall conform to the requirements of this chapter. The use to be made of each lot shall be marked on the plat. The plat shall also state the maximum number of dwelling units authorized for the subdivision. When approved, a final plat shall be recorded in the same manner as other subdivision plats along with the necessary covenants and restrictions applicable to the development. In addition, a faithful reproduction of the plat shall be prominently displayed within the subdivision until such time as the subdivision is fully developed.

(c)

Private deed covenants. The subdivision shall be included within private deed covenants running with the land to assure its continuance in accordance with approved plans and development.

(d)

Procedures for approval of subdivision developments.

(1)

Pre-application review. Prior to the submittal of an application for approval of a planned development, the developer shall meet with the planning and zoning commission, the zoning administrator, and the building inspector for a review of the location, scope and nature of the proposed development.

(2)

Application for approval; site plan required. At least fourteen (14) days prior to the regular meeting of the planning and zoning commission, a site plan plot of the proposed development shall be submitted as prescribed below. Each site plan shall be prepared by an architect, engineer, or land surveyor, or by a professional landscape architect, or by a professional planner. Each site plan shall be drawn at an appropriate scale and shall show the following:

a.

Name: Name of the proposed development. Name and address of the owner and the designer of the site plan and his seal.

b.

Date: Date, approximately north arrow and scale.

c.

Boundaries: The boundary line of the tract to be developed drawn accurately to scale and with accurate linear and angular dimensions.

d.

Location map: A map to an appropriate scale showing the location of the development.

e.

Contours: Contours with a minimum vertical interval of five (5) feet referred to sea level datum shall be provided for both existing and proposed topography.

f.

Existing property lines: The location of existing and platted property lines, streets, buildings, water courses, railroads, bridges, water mains, sewers, culverts, drain pipes, and public utility easements, both on the land to be developed and on that portion of the land immediately adjoining which abuts the land to be developed, and any other pertinent characteristics of the land; the names of adjoining parcels of unsubdivided land; and the zoning of the property.

g.

Proposed improvements: The names, where appropriate, and locations and dimensions of proposed streets, alleys, sidewalks, easements, buildings, parking, recreation areas and facilities, yards and other open spaces.

h.

Utility and drainage plans: Utility and drainage plans shall be provided including all information required by the health, street, water and sewer and sanitation departments to determine that water, sewer, sanitary disposal, and storm drainage improvements will be made and located in accordance with City and county requirements.

i.

Buffer areas: Location, dimensions, and treatment of all required buffer, landscaped or planted area including fences.

j.

Proposed protective covenants: A preliminary outline of proposed protective covenants, including provisions for the organization and financing of a homeowners' association where appropriate.

k.

Other information: Other information required by the zoning administrator or the building inspector to ensure compliance with the provisions of this chapter.

(e)

Approval.

(1)

All planned development projects shall be submitted to the planning and zoning commission. The planning and zoning commission may approve any site plan plat where no variance to this chapter is involved, except as provided herein. If a site plan plat includes a variance to the requirements of this chapter or if the planning and zoning commission denies approval or fails to act within thirty (30) days of submission, the developer may request that the site plan be considered by the Mayor and Council. The Mayor and Council as a part of its site plan plat approval may vary, except for use or density provisions, the terms of this chapter where, in its opinion, equal performance can be obtained by means other than those specified herein.

(2)

Building permits shall not be issued for structures located in a subdivision created subsequent to the adoption of this chapter unless a final plat of such subdivision has been approved and recorded as provided herein.

(3)

In the event that no improvements are made to land approved for subdivision within two (2) years, the planning and zoning commission may require resubmission of preliminary and final plats.

(f)

Design standards.

(1)

Requirements of developer. Unless otherwise stated herein, the developer of such subdivisions will be required to provide all improvements described within subsection (g).

(2)

Suitability of land. Land subject to flooding, improper drainage, or erosion or that is for topographical or other reasons unsuitable for residential use shall not be platted for residential use nor for any other use that will continue or increase the danger to health, safety, or property destruction, unless the hazard can be and is corrected prior to final plat approval. The developer of such subdivision will be required to conform to the requirements of the Georgia Soil Erosion and Sedimentation Act of 1975.

(g)

Improvements design.

(1)

Lots. Lot dimensions shall conform to the requirements set forth in Section 8-4-45, except that residential lots not served by a public sanitary sewer and public water supply shall be no less than one (1) acre in area or such greater area as may be required by the county health department. Residential lots served by a private sanitary sewer with public water supply shall meet requirements of the county health department.

(2)

Street frontage. Units within the subdivision which front on a street shall front only on a public street classified as a minor thoroughfare or other street, or on a private street having a pavement width of not less than twenty-eight (28) feet, or, if such street is designated as being one-way, twenty (20) feet.

(3)

Easements. Except where alleys are permitted for the purpose, the developer shall provide easements across lots or centered on rear or side lot lines for utilities; such easements shall be at least twenty (20) feet wide.

(4)

Sidewalks. Pedestrian easements for sidewalks of at least five (5) feet in width may be required within blocks measuring more than eight hundred (800) feet in length. Pedestrian easements shall also be provided to grant access to recreation areas and school sites when in the opinion of the planning and zoning commission sufficient access is not provided by proposed streets. Such easements may also be used for utilities and shall be paved with a suitable permanent surface. All sidewalks are to be a minimum of four (4) feet in width, four (4) inches in thickness of twenty-five thousand (2,500) p.s.i. concrete, with three-foot wide handicapped ramps at intersections.

(5)

Streets. The arrangement, character, extent, width, grade, and location of all streets shall conform to the street and highway plans of the planning and zoning commission, the state, and the City respectively. All public streets except marginal access streets, within subdivisions which give direct access to the residential lots shall be platted and dedicated to minimum right-of-way of sixty (60) feet. If drainage courses for streets extend beyond the existing or proposed right-of-way, adequate drainage easements shall be dedicated. All streets dedicated to the City shall be constructed and paved (twenty (20) feet minimum) according to the specifications set forth by the Georgia State Department of Transportation Specifications of September 15, 1977, which are hereby made a part hereof to the same extent [as if] set out in full.

(6)

Street signs. There shall be placed at least one (1) standard reflectorized street name sign at every intersection, and two (2) diagonally opposed when deemed necessary by the planning and zoning commission.

(7)

Drainage facilities. All drainage structures and facilities shall be designed and sized to meet the runoff of the drainage area which they serve. In the event curbs and gutters are placed in the subdivision, all necessary storm sewers, catch basins, and manholes shall be built to meet state department of transportation specifications and standards.

(8)

Water systems. Water system mains shall be installed to supply the entire subdivision. Such systems shall be designed with the approval of the City water engineer and may be connected to the City water system when property is dedicated to the City. The developer shall be required to complete all underground work for such utilities including the provision of adequate service connections to each lot within the subdivision prior to paving of such subdivision roads.

(9)

Sewerage.

a.

When the subdivision is located within the service area of an existing public sewerage system, sanitary sewers shall be installed in such a manner as to serve adequately all lots with connection to the public system. Where lots cannot be economically connected with a sewerage system or where such a system cannot be feasibly developed, they must contain adequate area for the installation of approved septic tank and disposal fields and must be approved in writing by the county health department.

b.

For the purpose of this chapter, it shall be considered economically feasible to develop a sewerage system when the total cost per lot for sanitary sewers does not exceed the cost per lot for septic tanks by more than one hundred (100) percent. In such event, a sewerage system with adequate collection sewers, servicing each lot and providing for a preliminary treatment facility including among other methods a properly constructed sewerage lagoon, shall be provided.

c.

All materials, equipment, labor, and other matters related to the sanitary sewerage system shall be provided by the developer. When considered feasible by the City engineer, new subdivisions may connect to public sewerage with costs borne by the developer.

d.

All sewer facilities shall be installed in accordance with the standards of the Department of Natural Resources of the State of Georgia and the county health department.

(10)

Utility installation. Public utility installation cost for gas, telephone, electrical, cable television, and street lights shall be borne by the developer or utility company. Installation shall be on street rights-of-way, specified easements, or under streets prior to paving or streets.

(Ord. No. 2019-01, 4/15/19)