Within the various zoning districts and shown on the official zoning map, many permitted uses shall comply with development standards designed for each use in addition to the development standards required by the specific zoning district. These special requirements are contained in this article.

(Ord. No. 07-05, Art. 12, § 12.1, 12-3-2007)

(a)

Incidental to permitted uses. The following provisions apply to accessory uses and structures that are incidental to permitted uses:

(1)

An accessory structure shall be located on the same lot as the principal building to which it is accessory.

(2)

No accessory structure shall be located upon a lot, prior to issuance of a certificate of occupancy for the principal building.

(3)

An accessory structure shall not be permitted in a front or side yard in the residential districts.

(4)

No accessory structure in a nonresidential district shall be used by other than employees of the owner, lessee or tenant of the premises, unless otherwise allowed by provisions of this article.

(5)

A residential accessory structure shall not be rented.

(6)

No accessory structure shall be located closer than five feet to a side or rear lot line in a residential district if the structure is located 20 feet or more to the rear of the principal building.

(7)

An accessory structure located closer than 20 feet to the principal building in a residential district shall comply with the yard requirements of the principal building to which it is accessory.

(8)

Where a corner lot adjoins, in the rear, a lot in a residential district, no accessory structure shall be located closer to the side street right-of-way line than the principal building or closer than 25 feet to the rear property line. The setback of 25 feet will not be required when the adjoining yard is a rear yard.

(9)

When an accessory structure is attached to the principal building by a breezeway, passageway or similar means, the accessory structure shall comply with the yard requirements of the principal building to which it is accessory. No breeze way or passageway that connects a primary structure to an accessory structure or detached garage shall extend further than 20 feet.

(10)

Accessory structure swimming pools, when located closer than 20 feet to the rear of the dwelling in a residential district, shall comply with the minimum side and rear yard requirements of that district. Setback minimums shall be measured from the decking or closest part of the pool structure to the applicable property line. Accessory swimming pools shall be permitted only upon compliance with approval of the board of health swimming pool regulations. Every swimming pool constructed or installed in compliance with Appendix G of the International Residential Code.

(11)

Accessory buildings in residential districts shall not exceed the following accumulative areas:

The accumulative floor size of accessory buildings in any residential (R) district shall not exceed two percent of the size of the property. The size of the property shall be determined by a signed and sealed survey, final plat signed by the mayor of the City of Senoia or through Coweta County tax records. Accessory buildings shall be limited to two stories; however at no time shall the height of an accessory building exceed the height of the primary structure. No more than two accessory buildings will be allowed on any residential lot.

• A bay is an enclosed area of 300 sq. ft.

(12)

Recreational accessory structures in R residential districts incidental to primary use residences shall be limited to swimming pools, tennis courts, basketball goals, pool houses or cabanas containing no sleeping quarters and handball or racquetball courts.

(13)

Accessory antenna structures for amateur radio service shall be located a distance of at least one-third of the height of the tower from all property lines.

(14)

All accessory structures, including detached garages, located a distance equal to or less than the dimension of the required side yard for the zoning district in which the lot is situated, shall be screened through the installation or stockade type fence. Such screening shall be in compliance with provisions of section XII, buffer area of the zoning ordinance.

(15)

The exterior finish and color of all accessory structures shall be identical to the exterior finish and color of the principal dwelling on which the accessory structures are located. In the case of brick dwellings, the accessory structure shall be similar to the trim work or siding materials of the dwelling.

(b)

Customary home occupations. The following provision apply to customary home occupations.

(1)

There shall be no exterior evidence of the home occupation, other than non-illuminated identification sign having an area of not more than two square feet, which shall be attached wholly to the dwelling structure within which the home occupation is conducted.

(2)

No use shall create noise, dust, vibration, smell, smoke, glare or electrical interference that would be detectable beyond the dwelling unit or accessory building.

(3)

The use shall be conducted entirely within the dwelling unit or accessory building and only persons living in the dwelling unit shall be employed at the location of the home occupation.

(4)

No more than 30 percent of the dwelling unit may be used for the conduct of the home occupation.

(5)

No materials, equipment or business vehicles shall be stored or parked on the premises of the home occupation unless they are confined entirely within the residence, except that one business vehicle (the carrying capacity of which shall not exceed one and one-half tons) used exclusively by the resident may be parked in compliance with section 74-241 of this chapter. In addition, there shall be no storage of mechanical earthmoving equipment at the location of the home occupation unless the property area exceeds five acres. The offsite employees of the home occupation shall not congregate on or adjacent to the premises for any purpose concerning the business or home occupation.

(6)

No home occupation shall be operated so as to create or cause a nuisance.

(Ord. No. 07-05, Art. 12, § 12.2, 12-3-2007; Amd. of 5-2-2011; Ord. No. 15-04, § 5, 8-3-2015)

Customary home occupation day care services may be established and operated in the city in accordance with the guidelines and procedures set forth below:

(a)

Guidelines.

(1)

A customary home occupation day care service means a private residence operated by any person who received therein pay for the supervision and care for fewer than 24 hours per day, without transfer of legal custody, of not more than six children simultaneously, who are under 18 years of age, who are not related to such person and whose parents or guardians are not residents in the same private residence.

(2)

No more than 25 percent of a residence may be used for a customary home occupation day care service and an outdoor play area may be provided.

(3)

No customary home occupation day care service may be established and operated in the city until a permit to do so has been obtained in accordance with the procedures set forth below.

(b)

Procedures.

(1)

Permit application. Persons seeking to operate a customary home occupation day care service in the city must file a permit application with the city clerk. Each application shall also be accompanied by the applicant's affidavit certifying the maximum number of children that will be served simultaneously and that the proposed customary home occupation day care service will meet and be operated in accordance with all applicable state laws ands regulations with all ordinances and regulations of the city and county.

(2)

Decision of application. Within 30 days of the date the permit application is filed with the city clerk, a public hearing will be held and the city council shall either approve or disapprove the application for a permit to be issued. An application shall be approved only upon a determination by the city council that the customary home occupation day care service proposed by the applicant will be operated in compliance with all state laws and regulations.

(c)

Issuance of permits.

Each permit shall become effective on the date it is issued by the city.

(Ord. No. 07-05, Art. 12, § 12.3, 12-3-2007; Amd. of 5-2-2011)

(a)

Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Improved surface means a surface area providing a stable base in an area not subject to water run-off and/or flooding.

PODS means an acronym and common name for portable an demand storage units.

Portable on demand storage unit means any box-like container transported by truck, tractor or other vehicle for movement from place to place when used for a temporary storage device.

(b)

Regulation of portable storage containers.

(1)

It shall be unlawful for any person to park, place or suffer the placement of any PODS or similar device in or upon any street, highway, roadway, designated fire lane or sidewalk in the city.

(2)

It shall be unlawful for any person to park, place or allow the placement of any PODS or similar devices upon any lot or property in the city other than on an improved surface.

(3)

No person shall install, deposit, park or leave any POD or similar devices on any property within the city without first obtaining a permit from the city clerk. A permit fee, as established on the adopted fee schedule, is required per POD. Permit fees shall include the application review and approval, initial site inspection and follow up inspections to be performed by the building official or designee. The permit shall be for a time period not to exceed 180 days during which time the unit may be kept on the property. The 180 days will include loading and unloading time.

(4)

No more than three permits may be issued for any lot or parcel of property in any 12-month period. Applicants may obtain one extension of the original permit with no additional fees by submitting a justification request in writing to the building official, however in no case shall PODS be placed on any zoned lot for more than 360 days out of a calendar year without mayor and council approval.

(5)

Any PODS or similar devices which are installed, placed, deposited or parked on any property shall be so situated as to minimize the potential for interference with sight lines for motorists on adjoining streets and nearby driveways and, where possible, not within the front setback or front yard of the principal building.

(6)

The maximum allowable size for a portable storage container in a residential district is 160 square feet with an overall length not to exceed 20 feet.

(7)

Not more than one portable container shall be allowed in the front yard of any lot on which a single-family dwelling has been constructed. Not more than three PODS shall be permitted on any single zoned lot at one time.

(8)

PODS or similar moving containers shall comply with the designated setbacks for the zoning classification in which the parcel is located.

(9)

PODS or similar moving containers shall not be used for human occupancy.

(10)

PODS or similar moving containers shall not be used as accessory structures.

(c)

Penalty. Any person who shall intentionally, knowingly, recklessly or with criminal negligence violate any provision of this chapter shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed $500.00. Each day of violation shall constitute a separate offense.

(Ord. No. 2023-05, Art. XII, 12-4-2023)