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Senoia City Zoning Code

ARTICLE XI

SUPPLEMENTAL REGULATIONS

Sec. 74-233.- Exceptions to development standards.

(a)

Where a lot of record at the time of the adoption of or amendment to this article does not contain a sufficient area or dimension to conform to the area or dimensional requirements of this article, such lot may be used as a building site for a structure or use permitted in the zoning district in which it is located, provided approval is given by the Coweta County Health Department. Such use or structure may be enlarged, provided that minimal yard dimensions are maintained.

(b)

Double buffer. When a required buffer area would abut and be contiguous to an established buffer area which meets all requirements of this article, then this additional required buffer area need not be established

(c)

Height requirements. The height limitations as stated in this article shall not apply to the following;

(1)

Barns, silos or other farm structures when located on farms; belfries, cupolas and domes; monuments; water towers; transmission towers; windmills; chimney's; smokestacks; flagpoles; radio or television towers; masts and aerials.

(2)

Bulkheads, elevator penthouses, water tanks and scenery lofts and similar structures, provided that these structures shall not cover more than 25 percent of the total roof area of the building on which the structure is located.

(3)

Multiple-frontage lots. Lots, which adjoin a public street on more than one side shall provide the minimum required front yard on each street.

(d)

Projections into yards.

(1)

Every part of a required yard shall be open to the sky and unobstructed except for the ordinary projections of sills, belt courses, cornices, eaves, chimneys, buttresses andother ornamental and architectural features of the principal buildings, provided that these features do not project more than three feet into any required yard or by accessory structures as provided by article VI, Table 6.1.

(2)

An open, unenclosed porch or hard-surfaced terrace, steps, stoops and similar fixtures of a building shall conform to required set backs.

(3)

Notwithstanding other provisions of this article, 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 side corner lots shall violate the corner visibility and that any fence in a required front yard in a residential district shall not exceed four feet in height.

(e)

Relatives' residence in single-family residential districts. A second cooking facility may be constructed and used within a single-family residence for the exclusive use of relatives of the real property owner subject to the following restrictions:

(1)

The real property owner must live in the single-family residence.

(2)

Relatives must be by blood, marriage or law.

(3)

The area of the second cooking facility shall not exceed the area of the main cooking facility.

(4)

Access to the relatives' living area shall be required from the interior of the residence, although secondary access to the exterior of the dwelling is not prohibited.

(5)

Paved off-street parking shall be provided for additional vehicles as needed.

(6)

Permits for the second cooking facility shall not be issued until such time as the real property owner has applied to and received from the city a relative residence permit. The relative residence permit shall be in recordable form and, upon execution, shall be recorded in the office of the clerk of the superior court.

(Ord. No. 07-05, Art. 11, § 11.1, 12-3-2007; Amd. of 5-2-2011)

Sec. 74-234. - One building on each lot.

Except in the case of planned center and planned developments, only one principal building, together with its customary accessory buildings, shall occupy each lot.

(Ord. No. 07-05, Art. 11, § 11.2, 12-3-2007)

Sec. 74-235. - Use and construction of temporary structures.

These regulations are designed to allow short-term and seasonal commercial uses and activities that are temporary in nature, will not adversely impact the surrounding areas and land uses and that can be terminated and/or removed immediately. Non-commercial uses and activities are exempted from these regulations.

(1)

Temporary uses are characterized by their short-term or seasonal nature. All temporary uses must take place on an improved lot. Provided that proper applications are filed and approved, temporary commercial activities include activities such as leasing offices, carnivals and fairs, parking lot sales and seasonal sales such as landscape materials and equipment, patio and lawn furniture, Christmas trees, pumpkin sales and produce stands. Provided that proper applications are filed and approved, temporary private uses are constructed for a specific project and removed at the end of the project. These include but are not limited to construction and film trailers and equipment.

(2)

At least six weeks prior to the event, all sponsors shall submit to the city manager the appropriate application fee set by the mayor and council and an application that contains the following:

a.

Event title.

b.

Sponsor of event.

c.

Dates and times of event, set up, event start and end times and break down/clean up.

d.

Chief officer of sponsor organization.

e.

Contact information.

f.

Activity description.

g.

Estimated number of participants.

h.

Proposed site plan that includes, but is not limited to vehicular and pedestrianways, tents, booths, vendors, stage, sound equipment, generators, medical treatment facilities, portable restrooms and light equipment. Provision of a minimum 20-foot emergency access shall be provided.

i.

Proposed parking plan shall be submitted with application.

j.

Description of the proposed safety plan shall be submitted.

k.

If an entry fee or admission is proposed, the fee shall be provided.

l.

All temporary uses shall provide a copy of a signed contract for portable sanitary facilities for customers and employees or provide restrooms on the improved lot.

(3)

. Temporary commercial use permits shall not to exceed 90 days and shall be reissued for a minimum of 90 days. All permits shall and meet the following regulations:

a.

No temporary use structure shall be located within a public right-of-way;

b.

Adequate and safe ingress and egress to the site, such that the normal traffic pattern is not disrupted. Parking or stopping on the public right-of-way shall be prohibited;

c.

No structure or improvement of a permanent nature shall be constructed.

d.

Temporary vending and concession trailers are not permitted in the city historic district without authorization of the mayor and council in coordination with an authorized event.

(4)

Where allowed by zoning, outdoor promotional and/or seasonal sales events at retail stores, whether freestanding or in shopping centers, provided that the sales area is located on the same lot as the store holding the sales event and selling their own merchandise and goods normally used in the outdoors, including but not limited to, lawnmowers, wheelbarrows, lawn furniture, plants, barbecue grills, play sets, manufactured outdoor storage buildings, etc., do not require a temporary use permit if the business holds a current occupational tax certificate registered with the City of Senoia and is occurring on the same lot as the address of the certificate.

(5)

Temporary use permits shall be issued in accordance with the following standards:

a.

Real estate sales office located within a subdivision under current development, provided there are no cooking or sleeping accommodations, for a period not to exceed 12 months;

b.

Contractor's office and equipment sheds in any district for a period not to exceed 12 months, provided that such office is placed on the property to which it is appurtenant, a final site plan has been approved and a land disturbance permit has been issued;

c.

Concessions, except for seasonal produce, for a period not to exceed two months, provided the applicant submits written authorization from the property owner of the site including the proposed activity, date(s) activity is to operate and availability of adequate sanitary and parking facilities. The sale must be conducted within a commercial zoned district, outside of the historic district. The applicant must purchase or provide proof of an occupational tax certificate registered within the state and city;

d.

Carnivals, fairs, circuses, craft fairs, outdoor markets concerts, flea markets, car shows and sales, temporary sales of goods, and similar activities shall be allowed one event per quarter per location for a period not to exceed two consecutive days and to not take place before 72 hours of a government sponsored or supported by special events. The applicant must provide written authorization from the property owner and have a temporary use permit approved by the city manager or his or her designee. If applicable, inspections will be conducted by the building division and fire marshal;

e.

Temporary activities, structures and other requirements deemed necessary as a result of a natural disaster or other public health and safety emergency do not require a temporary use permit and may be authorized by the city manager for the duration of the emergency;

f.

Tents used in conjunction with temporary commercial uses shall be permitted in all non-residential zoning districts. Any tent erected under this section which has an area of 200 square feet or more, requires a temporary use permit and submission of a flame retardant or flame resistant certificate; and

g.

Temporary uses, with the exemption of fireworks, associated with existing businesses registered in the city and all businesses sanctioned by the state to conduct business in the state are exempt from permitting and fees. The maximum number of temporary use events to a single fixed business location shall be eight per year.

h.

No open flames.

i.

Trash receptacles to be emptied at the end of each day of the event and removed from the premises to an approved disposable location, not to include the city owned receptacles.

j.

Outdoor markets, craft fairs and flea markets will also need to comply with the outdoor market regulations.

(Ord. No. 19-12, § 1, 9-16-2019)

Editor's note— Ord. No. 19-12, § 1, adopted Sept. 16, 2019, repealed § 74-235, and enacted a new § 74-235 as set out herein. The former § 74-235 pertained to similar subject matter and derived from Ord. No. 07-05, Art. 11, § 11.3, adopted Dec. 3, 2007; Ord. No. 15-04, § 6, adopted Aug. 3, 2015; Ord. No. 17-08, § 1, adopted Jan. 8, 2018; and Ord. No. 18-05, § 1, adopted Oct. 1, 2018.

Sec. 74-236. - Requirements for moving buildings.

No dwelling unit or other permanent structure shall be moved within or into the city, unless when relocated, it meets all requirements of all ordinances and is first approved by the city council.

(Ord. No. 07-05, Art. 11, § 11.4, 12-3-2007)

Sec. 74-237. - Lots with well and septic tank.

Any lot upon which both an individual well and septic tank are to be provided shall have a minimum area of not less than one acre and meets soil test requirements of state and the Coweta County Health Department. The Coweta County Health Department in accordance with applicable board of health regulations shall approve the site location on the lot of these facilities.

(Ord. No. 07-05, Art. 11, § 11.5, 12-3-2007)

Sec. 74-238. - Minimum area for lots served by septic tank.

Any lot, which is to be served by an individual septic tank, shall have an area of not less than one acre. The Coweta County Health Department in accordance with applicable regulations shall approve the site location on the lot of the location.

(Ord. No. 07-05, Art. 11, § 11.6, 12-3-2007)

Sec. 74-239. - Fences, boundary walls, and retaining walls.

(a)

Definitions.

Fence means a structure serving as an enclosure, a barrier, or a boundary, usually made of posts or stakes joined together by boards, wire or rails.

Fence height means the vertical dimension from the natural ground level to the top of the fence measured at any point along the length of the fence.

Natural ground level means the level of the ground prior to any recent manmade changes in the elevation of the ground. For purposes of administering this section, "natural ground level" shall also include the level of the ground established on any site plan or landscape plan approved in accordance with the city's review process for site plans and subdivision plats.

Yard, front means an unoccupied area extending the full width of the lot located between the front line and the front facade of the primary structure. Corner lots have two front yards.

Wall is generally a continuous vertical brick, stone or cement structure that encloses or divides and an area of land.

Wall, boundary is generally a non-structural wall whose functions is to enclose and protect a parcel of land and separate two parcels of adjoining land, A boundary wall including foundation and piers, sits wholly on the land of one owner.

Wall, retaining is a structural wall that retains soil backfill or water and is four feet or taller as measured from the top of the footing to the top of the wall. Walls that retain water or are impacted by surcharge of a road or building regardless of height shall be considered retaining walls that require a permit.

(b)

Permits. A building permit shall be required for the construction or alteration of any fence, boundary wall or retaining wall in the City of Senoia. As a part of the permitting process, the building official, or designee, shall review plans, issue permits, inspect installations, and ensure compliance with the requirements of this section.

All fences, boundary walls or retaining walls built in the city must comply with the provisions of this section. A licensed contractor, property owner, or property owner's representative may apply for the permit. Permit fees shall be published on the City of Senoia fee schedule, latest edition.

(1)

Site plan/permit submittals.

a.

A site plan or plat of survey depicting the proposed fence or wall location is required for a permit. The site plan must delineate the location of the fence or wall and provide a description of the materials, and measurements of the lengths and heights of fence or wall sections and all dimensions to property lines and utility easements. The site plan must further show compliance with all applicable setbacks as required by city ordinances.

b.

Fences, boundary walls and retaining walls including piers, columns and footings must be entirely contained within and sit wholly upon the land of one property owner.

c.

The applicant/owner is responsible for locating the property lines; locating pins and/or surveying the property. Applicant/owner acknowledges, by receipt of a permit to construct a fence or wall that the City of Senoia accepts no responsibility for the accuracy of the site plan or survey supplied for the issuance of a fence or boundary wall permit.

d.

Retaining walls shall require engineered plans, profiles and a factor of safety report and must be sealed/stamped by a professional engineer. Additionally, all retaining walls shall require the engineer of record to perform inspections and present a final engineer's certification on the completed wall prior to a certificate of occupancy or certificate of completion.

(2)

Hazardous conditions. The building official, or designee, may require the installation of a fence where it is determined that a hazardous condition exists for which a fence would protect the general welfare of the public. Any fence required by the building official must also comply with the appropriate standards for the zoning district in which it is located.

(3)

Temporary fences. The building official, or designee, at their discretion, may permit the installation of a temporary fence at a construction site to protect public safety, welfare, and/or for the security of an active construction site. A temporary fence shall remain in place for no more than one year and must comply with the following conditions:

a.

A permit is not required for a temporary fence, however, a city official must approve the fence material and location prior to installation.

b.

In any commercial or industrial zoning district, a temporary fence shall not exceed eight feet in height.

c.

No signs shall be attached to any temporary fence.

(c)

General standards. All fences, boundary walls and retaining walls built or erected within the city shall conform to the general standards specified in this section. Additional standards apply in the historic district and within commercial or industrial districts.

(1)

Finish and color.

a.

Only black, white or earth tones are permitted. Primary and neon colors are prohibited.

b.

All fences or boundary walls in the city must have their finished side facing outward toward the adjacent properties and streets.

c.

Retaining walls visible from the public right-of-way shall have a decorative finish or be constructed of decorative materials appropriate for the underlying zoning district.

(2)

Encroachments and utility easements.

a.

No fence, boundary wall or retaining wall shall encroach into the public right-of-way, a public access easement or within any required undisturbed buffer or setback area.

b.

Fences shall not be installed within utility easements but may be allowed to cross utility easements on a case-by-case basis. Where city staff approves a fence installation to cross a utility easement(s), the property owner must sign a waiver acknowledging that the city will not be responsible for repair or replacement of any portion of the fence or gates, should the fence or gates need to be removed by the city.

c.

Where the city approves a fence to cross a utility easement, it shall be the responsibility of the property owner to install a double gate at each easement crossing and the gate(s) may only be locked if the property owner provides the city with 24-hour access.

(3)

Stormwater drainage.

a.

If a fence, boundary wall or retaining wall is installed in such a manner as to adversely affect storm water drainage, the property owner will be responsible for making adjustments/modifications to correct any storm water drainage issue(s).

b.

Fences, boundary walls and retaining walls installed within a regulatory floodplain must not obstruct the flow of water and must be an approved material or design that does not impact the flow of water or cause flooding to adjacent buildings or properties.

(4)

Obstructions. Fences, boundary walls, retaining walls, hedges and other vegetation must not:

a.

Block lines of sight for public safety and law enforcement;

b.

Impede the natural flow of water or the normal pattern of natural wildlife; or

c.

Impair or block the sight distance of drivers so as to constitute a safety hazard.

(5)

Corner lots and front yards. The following regulations apply to all fences and walls installed parallel and/or adjacent to a public right-of-way and located between the right-of-way and the building setback line:

a.

No fence or boundary walls located in a front yard may exceed four feet in height. However, retaining walls located in the front yard may exceed the height restrictions listed in this section where required for grade transition and subject to approval by the city engineer.

b.

Retaining walls in front yards shall be constructed of decorative materials or poured concrete with a decorative finish and shall include decorative railing for safety, where railing is required by code.

c.

A minimum three-foot landscape strip must be provided between any fence, boundary wall, or retaining wall and the public right-of-way.

d.

When a lot is located on the corner of two or more streets, it shall be required that the height of the fence or boundary wall along the primary and secondary street frontage not exceed four feet.

e.

Fences or boundary walls located in any front yard shall be constructed of wood, stone, brick, stucco, decorative wrought iron, ornamental steel, or a combination thereof.

f.

Chain link and wire fences are prohibited in front yards.

g.

Boundary walls located in front yards, must provide architectural variations with decorative columns or piers spaced approximately every 24 feet and at any point where the wall changes direction, and where provided, decorative columns and piers must be a minimum of 12 inches wide and constructed of brick, stone, stucco or a combination thereof.

(6)

Replacement and repair.

a.

It shall be the responsibility of the owner of the property on which a fence or wall is located to maintain the fence or wall in good repair so that at all times it presents a neat and orderly appearance to surrounding property owners and to the general public.

b.

Any fence or wall damaged by accident or an act of God shall be repaired within 90 days of the occurrence.

d.

Fencing required for public safety purposes shall be repaired immediately.

e.

If more than 25 percent of an existing fence is removed for any reason, the replacement fence shall comply with current standards in place at time of replacement.

(7)

Swimming pool enclosures. All swimming pool enclosures shall be constructed in accordance with the specific requirements for pools, as indicated in the International Swimming Pool and Spa Code, latest edition and comply with section 74-265(a)(10), accessory uses and structures.

(8)

Special purpose enclosures. If a property owner wishes to install a tennis court or other similar special-purpose facility, a fence not to exceed eight feet in height may be erected with the following conditions:

a.

A site plan showing the special purpose facility and fence must be submitted for review in accordance with the city's site plan review process, and

b.

The special purpose facility must comply with the requirements of the underlying district.

(9)

Height in side and rear yards. Unless otherwise stated herein, no fence or wall located within a side or rear yard, shall exceed six feet in height; however, if due to variations in topography or if the fence contains decorative features such as newels or finials, it may exceed six feet in height, but in no case shall it exceed seven feet in height. Retaining walls located in the side or rear yards height restrictions listed in this section where grade transitions require the additional height and subject to the approval of the city engineer.

(10)

Gates.

a.

Gates, whether electronically or manually operable, are allowed on private property. Gates must open inwardly (doors opening towards the property) and be located a minimum of 30 feet from the edge of pavement.

b.

Gates shall not exceed the height of the fence on which they are located.

(11)

Stormwater pond fencing.

a.

Stormwater ponds with side slopes steeper than three horizontal to one vertical (3:1) and without aquatic and safety benches shall be fenced to prevent accidental entry and shall contain a double gate for maintenance access. Where stormwater ponds contain side slopes less steep than three horizontal to one vertical (3:1) and with aquatic and safety benches, shall not be required to be fenced per the Georgia Stormwater Management Manual, Volume 2, and Section 4.25.5.8.

b.

Where stormwater pond fencing is required and not visible from a public right-of-way, the fence shall be six foot chain link with all exposed metal parts vinyl-coated or factory finished a standard dark brown, dark green or black color to blend into the natural surroundings.

c.

Where stormwater ponds are required to be fenced and are visible from a public right-of-way, such fence shall be constructed of decorative materials including but not limited to wrought iron, ornamental steel, or similar material subject to the approval of the city engineer.

(d)

Historic district standards.

(1)

Any fence or boundary wall constructed in the historic district shall be compatible in form, scale, size, placement and finish with the surrounding properties. Fences and boundary walls located within the historic district shall be subject to administrative approval by the community development director, or designee. The community development director, at their discretion, may require a certificate of appropriateness from the historic preservation committee, for fences or walls that are of a scale, size or material not similar in nature to other fences or walls previously approved within the historic district.

a.

Any fence or boundary wall located in a front yard shall not exceed four feet in height.

b.

Any fence or boundary wall located in a rear or side yard shall not exceed six feet in height.

c.

Retaining walls located in the historic district shall be allowed to exceed height restrictions listed in this section where grade transitions require the additional height and subject to the approval of the city engineer.

(2)

Approved materials.

a.

Fences and boundary walls shall be constructed of wood, decorative wrought iron, ornamental steel, brick, stone, or a combination thereof.

b.

Chain link, wire, PVC, and plastic fences are not permitted in the historic district in any yard.

(3)

Replacement and repair.

a.

Repair of a fence or wall with like materials shall not require review by the historic preservation committee.

b.

If more than 25 percent of an existing fence is removed for any reason, the replacement fence shall comply with all current standards in place at time of replacement.

c.

Replacement of an existing fence requires the owner to preserve all architectural features that are character-defining elements of the original fence or boundary wall, including gates, granite pillars, hardware, decorative pickets, and rails.

d.

If an owner replaces a fence that was previously constructed of a prohibited material, the new fence material must comply with the approved materials of the historic district.

(e)

Non-residential district standards.

(1)

No fence or boundary wall shall exceed ten feet in height, unless approved by variance.

(2)

Retaining walls located in any non-residential district shall be allowed to exceed height restrictions listed in this section where grade transitions require the additional height and subject to the approval of the city engineer.

(3)

No fence or boundary wall comprised of metal parts, which is visible from a public road or from an internal drive or parking area of a commercial development, may be constructed unless all exposed metal parts are vinyl-coated or factory finished a standard dark brown, dark green or black color to blend into the natural surroundings.

(4)

If a fence is required by any governmental authority to provide for the safety and security of the residents of the city, that fence shall not be removed or otherwise left in an unsafe condition for any reason without the approval of the building official, and without proper precautions taken to provide for continuous protection.

(Ord. No. 07-05, Art. 11, § 11.7, 12-3-2007; Amd. of 5-2-2011; Ord. No. 2023-09, Art. XI, 12-4-2023)

Sec. 74-240. - Buffer area.

Buffer areas required by this article shall be established and maintained by the property owner under the following provisions:

(1)

Be maintained as a planted area or when required, additional plantings as provided in this section.

(2)

Be landscaped with trees, shrubs, flowers, grass, stone, rocks and other landscaping materials.

(3)

Not be used for parking or a structure other than a fence or drainage improvements required by the city. However, a buffer area may be used for vehicular access and utility easements (only if these uses are provided approximately perpendicular to the greater distance of the buffer area).

(4)

Except as otherwise provided the natural topography of the land shall be preserved and appropriately landscaped.

(5)

Where the conditions described in paragraph (4) of this section cannot be met by reason of the topography of the land or of the prior removal of or lack of timber and foliage, the owner of the buffer area may erect a permanent wall or fence of not less than six feet in height, or a screen of evergreen plantings, so designed and developed to provide visual screening between the property described herein. These plantings shall consist of evergreen shrubs not less than six feet in height, or shrubs, which will, in normal growth attain a height of six feet within three years. The following plants shall be approved for this purpose but shall not be exclusive of other plants which may be suitable, provided that they can form a hardy screen, dense enough and high enough both to interrupt vision and to diffuse the transmission of sound:

Magnolia grandiflora (Southern Magnolia), Pinus strobus (White Pine), Prunus caroliniana (Cherry Laurel), Ligustrum lucidum (Glossy Ligustrum), Ilex burfordi (Buford Holly), Elaeagnus pungens (Elaegnus)

(6)

Any grading, improvements or construction adjacent thereto shall be conducted far enough from the buffer area so as not to disturb or encroach upon the buffer area.

(7)

Be designated on each plat and recorded as a permanent easement.

(8)

Projections into yards provided by article XII section 74-267 of this zoning ordinance shall not be permitted in the buffer area.

(Ord. No. 07-05, Art. 11, § 11.8, 12-3-2007)

Sec. 74-241. - Parking of vehicles and trailers.

(a)

No vehicles or trailers which are eight feet or higher in height or have more than two axles shall be permitted to be parked in front of the main building or dwelling, in side or rear yards of residential property. Recreational vehicles or campers that exceed the above criteria are allowed if parked or stored completely within an enclosed garage or roofed carport. School buses and commercial vehicles or commercial trailers exceeding the above criteria are not allowed. Nonresident parking is allowed for up to one week, if for longer than one week a parking permit must be obtained from the police department, not to exceed one additional week. These vehicles may be parked for no more than 24 hours in residential areas by the residents for loading and unloading only.

(b)

No travel trailer or commercial trailer shall be permanently used for storage or additional retail space within the corporate limits of the City of Senoia. Such trailers may be used for storage at construction sites and renovation projects as long as they are parked in a manner consistent with this Code section.

(c)

None of the above described vehicles may be parked overnight in the GC district, unless the vehicle is used in the day to day operation of and registered to a business on that lot. No lots may be used for storage of any of these vehicles unless it is approved by the mayor and council. Violators will be towed at the vehicle owner's expense.

(d)

None of the above described vehicles may be parked in any designated publicly owned or leased parking area, spaces or street except for the purpose of loading and unloading for a duration not to exceed two hours.

(Ord. No. 07-05, Art. 11, § 11.9, 12-3-2007; Ord. No. 10-02, 6-21-2010)

Sec. 74-242. - Nonresidential service areas.

All service areas for nonresidential uses shall be established so as not to infringe upon any yard requirement and shall be visually screened from adjacent residential properties.

(Ord. No. 07-05, Art. 11, § 11.10, 12-3-2007)

Sec. 74-243. - Fire safety in nonresidential districts and planned developments.

Accessibility for fire fighting equipment on a hard-surfaced subbase (subgrade plus an asphalt first layer or bound crushed stone aggregate) shall be maintained throughout all stages of construction in all nonresidential districts and planned developments. Minimum widths of private access driveways with a development, excluding parking, shall be 20 feet, and the minimum turning radii shall be 35 feet. Fire hydrants and water service shall be installed to within 300 feet of units under construction before proceeding with framing.

(Ord. No. 07-05, Art. 11, § 11.11, 12-3-2007)

Sec. 74-245. - Exterior storage yards.

Exterior storage yards (but not including the parking of vehicles for sale or lease) shall not be permitted in any district except the GC, and I districts. A fence shall enclose these storage yards not less than six feet in height to provide visual screening.

(Ord. No. 07-05, Art. 11, § 11.12, 12-3-2007)

Sec. 74-245. - Open space.

Open space areas, required to be established by this article, shall be permanently maintained as open space and appropriately landscaped with trees, shrubs, flowers, grass, stones, rocks or other landscaping materials. These areas may not be used for vehicular access; parking or similar uses except as otherwise permitted in this article.

(Ord. No. 07-05, Art. 11, § 11.13, 12-3-2007)

Sec. 74-246. - Determination of development standards from private streets.

When this article requires the establishment of minimum building setback lines, frontages and related development standards, these measurements for property not abutting a public street shall be made from or along a private street, except in apartment developments where these measurements shall be made as provided in this article.

(Ord. No. 07-05, Art. 11, § 11.14, 12-3-2007)

Sec. 74-247. - Required fences.

When this article requires a fence to be constructed, the fence shall be completed prior to occupancy of the primary use structure.

(Ord. No. 07-05, Art. 11, § 11.15, 12-3-2007)

Sec. 74-248. - Site plan preparation.

Site plans and other development plans required to be submitted under the provisions of this article shall be prepared only by those currently registered for such work in accordance with applicable state law.

(Ord. No. 07-05, Art. 11, § 11.16, 12-3-2007)

Sec. 74-249. - Lighting.

Lighting in all districts shall be established in such a way that no direct light is cast upon or adversely affects adjacent properties and roadways. This section shall not apply to lighting established by governmental authority within public rights-of-way.

(Ord. No. 07-05, Art. 11, § 11.17, 12-3-2007)

Sec. 74-250. - Special requirements—Residential.

(a)

A buffer area with a minimum width by zoning district, as provided below, and a six foot fence or wall which provides visual screening shall be established and maintained by the owner when adjoining an R district. Such buffer shall be:

(1)

In the OI, GC and I districts, 50 feet where development adjoins an R district.

The requirements for a fence or wall may be waived by the city upon presentation of field survey data by the property owner or developer, which shows that construction of the fence or wall would destroy existing vegetation which, in itself, provides visual screening between the development and the R district, or when the development abuts undeveloped property.

(Ord. No. 07-05, Art. 11, § 11.18, 12-3-2007)

Sec. 74-251. - Non-residential.

This section applies to nonresidential districts.

(1)

A percentage of lot area as listed below shall be appropriately maintained as open area. Not less than 50 percent of this area shall be located between the building and the public streets. No parking or other similar uses shall be permitted therein. On lots with multiple street frontage, the 50 percent area shall be evenly distributed along all street frontages:

a.

In the OI districts, 20 percent.

b.

In the GC districts, ten percent.

c.

In the I district, ten percent.

(Ord. No. 07-05, Art. 11, § 11.19, 12-3-2007)

Sec. 74-252. - Bed and breakfast.

(a)

Zoning requirements. A facility operated as a bed and breakfast must first comply with zoning requirements set forth for that particular classification.

(b)

Permits. A bed and breakfast must obtain an occupational tax and meet all qualifications set out by state and local regulations and provide proof of membership in the Bed and Breakfast Council of Georgia.

(c)

Signs. Signs shall consist of one sign not to exceed two square feet in size.

(d)

Parking. One off-street parking space shall be provided for each guestroom as well as one space for each resident occupying the property. In some cases, landscaping may be required to screen parking areas form adjacent properties.

(e)

Special events. Any additional activity taking place at a bed and breakfast must comply with established health and zoning standards, must be of a nature that would normally occur in that neighborhood, i.e., wedding, party, tour, etc., must provide off-street parking and must not interfere with the quality of life of neighboring properties.

(Ord. No. 07-05, Art. 11, § 11.20, 12-3-2007)