GENERAL PROVISIONS
No structure, land, open space or water shall hereafter be used or occupied and no structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, structurally altered or maintained, and no new use or change shall be made or maintained of any structure, land, open space or water, unless in conformity with all the regulations herein specified for the district in which it is located.
Within each district, the regulations set forth shall be minimum requirements and shall apply uniformly to each class or kind of structure or land.
All structures shall comply with the City of Sky Valley Ordinance to Protect the Mountains of Sky Valley, Georgia and to Provide for Future Growth and Development within the Protected Mountains, as adopted and amended from time to time, as well as other City of Sky Valley Building Code regulations presently in effect and/or hereinafter adopted by the City of Sky Valley.
The height limitations established herein shall not apply to chimneys, smokestacks, church spires and steeples, domes, flagpoles, public monuments, observation towers, water towers, non-commercial radio and television towers, electricity transmission towers, utility poles and similar structures.
No structure shall be erected or use established unless upon a "lot of record," as defined by these regulations, except as otherwise provided herein.
Except as otherwise specifically provided in this Ordinance only one principal structure and its accessory buildings may hereafter be erected on any one lot intended for such use; provided, however, that more than one multiple dwelling, office, or commercial building may be located upon a lot, subject to setbacks and separation as provided in these regulations. This provision specifically excludes the erection of more than one (1) single-family dwelling on any given lot, and more than one (1) single-family dwelling hereafter erected on any given lot shall be considered a violation of these regulations. The City Council shall not be empowered to grant variances to this Section.
No principal structure shall be located closer than thirty (30) feet to another principal structure.
Without obtaining a variance no lot shall be reduced, divided or changed in size so that lot width, size of yards, lot area per dwelling unit or any other requirement of these regulations is not maintained, unless said reduction or division is necessary to provide land which is acquired for a public purpose.
No structure shall hereafter be erected on a lot, and no lot shall hereafter be created or subdivided, that does not abut for at least thirty (30) feet on a public street.
Unless otherwise stated, any use not specifically permitted in a use district as provided in these regulations shall 'be prohibited in that district.
Accessory buildings and uses shall be permitted only in side or rear yards, except as otherwise provided by these regulations. Accessory buildings and uses shall be permitted only if they meet the following:
1.
No accessory building or structure shall be erected on a lot prior to the time of construction of the principal building to which it is accessory.
2.
Only one (1) detached accessory building or structure shall be permitted on a residential lot.
3.
Accessory building or structure and use shall be set back a minimum of fifteen (15) feet from any lot line.
4.
Any accessory building or structure shall be subject to and must conform to all structural regulations applicable to the principal structure.
5.
In the case of double frontage lots, accessory building or structures shall observe front yard requirements on both streets.
6.
Accessory building or structures in residential districts shall not be used for any type of commercial operation.
7.
No accessory building or structure on a residential lot shall exceed a height of twenty (20) feet.
8.
Detached accessory building or structures shall be located a minimum often (10) feet from the principal building on a lot.
9.
In no instance shall an accessory building or structure exceed the gross ground floor area of the principal building.
The following specified structures shall conform to the following regulations:
1.
Walls. The erection of walls within the City of Sky Valley shall comply with the City of Sky Valley Building Code Ordinance, as adopted and amended from time to time, as well as other regulations presently in effect and/or hereinafter adopted by the City of Sky Valley. A permit shall be obtained from the Building Official.
2.
Fences. The erection of fences within the City of Sky Valley shall comply with the City of Sky Valley Fence Ordinance, as adopted and amended from time to time, as well as other regulations presently in effect and/or hereinafter adopted by the City of Sky Valley. A permit shall be obtained from the Building Official.
3.
Swimming pools. Swimming pools shall be enclosed by a security fence a minimum of six (6) feet in height. Said fence shall offer security against unauthorized use of a swimming pool. A permit shall be obtained from the Building Official.
A home occupation as defined by these regulations shall conform to the following requirements:
1.
Only residents of the dwelling may be engaged in the home occupation. Employment of person(s) not residing in the dwelling is expressly prohibited.
2
The home occupation shall be clearly incidental and secondary to the residential use of the dwelling and shall not change the residential character of the building or lot.
3.
No storage or display of products or materials shall be visible from the adjoining street or adjacent properties, and only products produced on the premises may be sold on the premises.
4.
Only vehicles used primarily as passenger vehicles shall be permitted in connection with the conduct of a home occupation.
5.
No internal or external alterations of the dwelling solely for the accommodation of a home occupation are permitted.
6.
No chemical, electrical, or mechanical equipment that is not normally a part of domestic or household equipment shall be used primarily for commercial purposes, other than reproduction equipment and other equipment approved by the City Council for permitted home occupations.
7.
Use of a building for a home occupation shall not exceed twenty-five (25%) percent of one (1) floor of the principal building. Home occupations are not permitted, in whole or part, within accessory buildings.
8.
An occupational tax certificate shall be obtained from the City of Sky Valley prior to the operation of any home occupation pursuant to the City of Sky Valley Occupational Tax Ordinance, as adopted and amended from time to time, as well as other regulations presently in effect and/or hereinafter adopted by the City of Sky Valley.
9.
The following uses are allowable as home occupations: Tutoring, consultation and instruction in music, dance, arts, crafts and similar subjects, limited to two (2) students at one time; day care providers serving six (6) or less persons; professional services (i.e., attorneys, architects, accountants, realtors, insurance and travel agents; secretarial services and answering services; mail order and general offices not involving storage of equipment, materials or vehicles; phone solicitations; and food catering). All other uses are prohibited.
No fence, wall, sign, hedge or planting which obstructs the sight lines at elevations between two (2) and twelve (12) feet above any roadway shall be placed or permitted to remain on any corner lot within the triangular area formed by the street right-of-way lines, or such lines extended, and a line connecting such right-of-way lines at points twenty-five (25) feet from the intersection of the right-of-way lines.
Notwithstanding the above restrictions, the Code Enforcement Officer is hereby authorized to approve fences, walls, etc., within the above-described triangular area where, in his opinion, said fence, wall, etc., will not cause sight visibility problems for pedestrians and/or motorists, and where the application of the provisions of this section would pose an unnecessary or unreasonable hardship.
Unless parked in a totally enclosed area recreational equipment such as boats, boat trailers, travel trailers, pick-up campers or coaches, motorized dwellings, motor coaches, tent trailers and other vehicles may be parked or stored anywhere on residential premises for a period not to exceed forty-eight (48) hours during loading and unloading.
Except as otherwise expressly permitted, it shall be prohibited in all districts to park or continuously store abandoned, wrecked, junked or inoperable vehicles, power-driven construction equipment, used lumber or metal, or any other miscellaneous scrap material in quantity that is visible from a public street or adjacent or abutting property. Said prohibition shall not be construed as to prohibit the temporary repair or maintenance of automobiles owned by the property owner or the storage of such vehicles, equipment or other materials within an enclosed building, provided that such vehicles, equipment or materials are not for commercial sale.
No proposed plat of a subdivision, nor any plat of re-subdivision, shall hereafter be approved by the City of Sky Valley or by the Planning and Zoning Commission unless the lots within such plat equal or exceed the minimum size and width requirements set forth in the various zoning districts in these regulations and unless such plat indicates conformity with the statutes of the State of Georgia and ordinances and regulations of the City of Sky Valley (to include, but not limited to, the Mountain Protection Ordinance and the Sky Valley Subdivision Ordinance).
Yard sales, as herein defined, are permitted uses in any residential district, subject to the following requirements:
1.
A permit shall be obtained from the Building Official.
2.
The duration of such yard sale shall not exceed forty-eight (48) hours.
3.
A permit shall not be issued for a yard sale on a particular property more often than once every year (12) months.
4.
Yard sales shall only offer for display and/or sale those items owned by the person(s) who presently own, rent or lease the property on which the yard sale takes place.
5.
Yard sale signs are prohibited except on the property where the yard sale is taking place and during the actual days of the sale.
Upon any side or rear lot line in any nonresidential district except the recreation district which abuts a residential district there shall be a dense planted buffer strip at least six (6) feet in height and fifty (50) feet in width along the rear and side lot lines abutting the residential properties, except where zoned specifically otherwise.
The erection and/or maintenance of signs within the City of Sky Valley shall comply with the City of Sky Valley Sign Ordinance, as adopted and amended from time to time, as well as other regulations presently in effect and/or hereinafter adopted by the City of Sky Valley.
Any land-disturbing activity shall comply with the City of Sky Valley Soil Erosion and Sedimentation Control Ordinance, as adopted and amended from time to time, as well as other applicable State law presently in effect and/or hereinafter adopted by the City of Sky Valley.
Manufactured homes are only permitted in manufactured home parks as defined in this ordinance.
No plat shall hereafter be recorded by the Rabun County Clerk of Superior Court unless such plat has been approved by the City Council of Sky Valley.
GENERAL PROVISIONS
No structure, land, open space or water shall hereafter be used or occupied and no structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, structurally altered or maintained, and no new use or change shall be made or maintained of any structure, land, open space or water, unless in conformity with all the regulations herein specified for the district in which it is located.
Within each district, the regulations set forth shall be minimum requirements and shall apply uniformly to each class or kind of structure or land.
All structures shall comply with the City of Sky Valley Ordinance to Protect the Mountains of Sky Valley, Georgia and to Provide for Future Growth and Development within the Protected Mountains, as adopted and amended from time to time, as well as other City of Sky Valley Building Code regulations presently in effect and/or hereinafter adopted by the City of Sky Valley.
The height limitations established herein shall not apply to chimneys, smokestacks, church spires and steeples, domes, flagpoles, public monuments, observation towers, water towers, non-commercial radio and television towers, electricity transmission towers, utility poles and similar structures.
No structure shall be erected or use established unless upon a "lot of record," as defined by these regulations, except as otherwise provided herein.
Except as otherwise specifically provided in this Ordinance only one principal structure and its accessory buildings may hereafter be erected on any one lot intended for such use; provided, however, that more than one multiple dwelling, office, or commercial building may be located upon a lot, subject to setbacks and separation as provided in these regulations. This provision specifically excludes the erection of more than one (1) single-family dwelling on any given lot, and more than one (1) single-family dwelling hereafter erected on any given lot shall be considered a violation of these regulations. The City Council shall not be empowered to grant variances to this Section.
No principal structure shall be located closer than thirty (30) feet to another principal structure.
Without obtaining a variance no lot shall be reduced, divided or changed in size so that lot width, size of yards, lot area per dwelling unit or any other requirement of these regulations is not maintained, unless said reduction or division is necessary to provide land which is acquired for a public purpose.
No structure shall hereafter be erected on a lot, and no lot shall hereafter be created or subdivided, that does not abut for at least thirty (30) feet on a public street.
Unless otherwise stated, any use not specifically permitted in a use district as provided in these regulations shall 'be prohibited in that district.
Accessory buildings and uses shall be permitted only in side or rear yards, except as otherwise provided by these regulations. Accessory buildings and uses shall be permitted only if they meet the following:
1.
No accessory building or structure shall be erected on a lot prior to the time of construction of the principal building to which it is accessory.
2.
Only one (1) detached accessory building or structure shall be permitted on a residential lot.
3.
Accessory building or structure and use shall be set back a minimum of fifteen (15) feet from any lot line.
4.
Any accessory building or structure shall be subject to and must conform to all structural regulations applicable to the principal structure.
5.
In the case of double frontage lots, accessory building or structures shall observe front yard requirements on both streets.
6.
Accessory building or structures in residential districts shall not be used for any type of commercial operation.
7.
No accessory building or structure on a residential lot shall exceed a height of twenty (20) feet.
8.
Detached accessory building or structures shall be located a minimum often (10) feet from the principal building on a lot.
9.
In no instance shall an accessory building or structure exceed the gross ground floor area of the principal building.
The following specified structures shall conform to the following regulations:
1.
Walls. The erection of walls within the City of Sky Valley shall comply with the City of Sky Valley Building Code Ordinance, as adopted and amended from time to time, as well as other regulations presently in effect and/or hereinafter adopted by the City of Sky Valley. A permit shall be obtained from the Building Official.
2.
Fences. The erection of fences within the City of Sky Valley shall comply with the City of Sky Valley Fence Ordinance, as adopted and amended from time to time, as well as other regulations presently in effect and/or hereinafter adopted by the City of Sky Valley. A permit shall be obtained from the Building Official.
3.
Swimming pools. Swimming pools shall be enclosed by a security fence a minimum of six (6) feet in height. Said fence shall offer security against unauthorized use of a swimming pool. A permit shall be obtained from the Building Official.
A home occupation as defined by these regulations shall conform to the following requirements:
1.
Only residents of the dwelling may be engaged in the home occupation. Employment of person(s) not residing in the dwelling is expressly prohibited.
2
The home occupation shall be clearly incidental and secondary to the residential use of the dwelling and shall not change the residential character of the building or lot.
3.
No storage or display of products or materials shall be visible from the adjoining street or adjacent properties, and only products produced on the premises may be sold on the premises.
4.
Only vehicles used primarily as passenger vehicles shall be permitted in connection with the conduct of a home occupation.
5.
No internal or external alterations of the dwelling solely for the accommodation of a home occupation are permitted.
6.
No chemical, electrical, or mechanical equipment that is not normally a part of domestic or household equipment shall be used primarily for commercial purposes, other than reproduction equipment and other equipment approved by the City Council for permitted home occupations.
7.
Use of a building for a home occupation shall not exceed twenty-five (25%) percent of one (1) floor of the principal building. Home occupations are not permitted, in whole or part, within accessory buildings.
8.
An occupational tax certificate shall be obtained from the City of Sky Valley prior to the operation of any home occupation pursuant to the City of Sky Valley Occupational Tax Ordinance, as adopted and amended from time to time, as well as other regulations presently in effect and/or hereinafter adopted by the City of Sky Valley.
9.
The following uses are allowable as home occupations: Tutoring, consultation and instruction in music, dance, arts, crafts and similar subjects, limited to two (2) students at one time; day care providers serving six (6) or less persons; professional services (i.e., attorneys, architects, accountants, realtors, insurance and travel agents; secretarial services and answering services; mail order and general offices not involving storage of equipment, materials or vehicles; phone solicitations; and food catering). All other uses are prohibited.
No fence, wall, sign, hedge or planting which obstructs the sight lines at elevations between two (2) and twelve (12) feet above any roadway shall be placed or permitted to remain on any corner lot within the triangular area formed by the street right-of-way lines, or such lines extended, and a line connecting such right-of-way lines at points twenty-five (25) feet from the intersection of the right-of-way lines.
Notwithstanding the above restrictions, the Code Enforcement Officer is hereby authorized to approve fences, walls, etc., within the above-described triangular area where, in his opinion, said fence, wall, etc., will not cause sight visibility problems for pedestrians and/or motorists, and where the application of the provisions of this section would pose an unnecessary or unreasonable hardship.
Unless parked in a totally enclosed area recreational equipment such as boats, boat trailers, travel trailers, pick-up campers or coaches, motorized dwellings, motor coaches, tent trailers and other vehicles may be parked or stored anywhere on residential premises for a period not to exceed forty-eight (48) hours during loading and unloading.
Except as otherwise expressly permitted, it shall be prohibited in all districts to park or continuously store abandoned, wrecked, junked or inoperable vehicles, power-driven construction equipment, used lumber or metal, or any other miscellaneous scrap material in quantity that is visible from a public street or adjacent or abutting property. Said prohibition shall not be construed as to prohibit the temporary repair or maintenance of automobiles owned by the property owner or the storage of such vehicles, equipment or other materials within an enclosed building, provided that such vehicles, equipment or materials are not for commercial sale.
No proposed plat of a subdivision, nor any plat of re-subdivision, shall hereafter be approved by the City of Sky Valley or by the Planning and Zoning Commission unless the lots within such plat equal or exceed the minimum size and width requirements set forth in the various zoning districts in these regulations and unless such plat indicates conformity with the statutes of the State of Georgia and ordinances and regulations of the City of Sky Valley (to include, but not limited to, the Mountain Protection Ordinance and the Sky Valley Subdivision Ordinance).
Yard sales, as herein defined, are permitted uses in any residential district, subject to the following requirements:
1.
A permit shall be obtained from the Building Official.
2.
The duration of such yard sale shall not exceed forty-eight (48) hours.
3.
A permit shall not be issued for a yard sale on a particular property more often than once every year (12) months.
4.
Yard sales shall only offer for display and/or sale those items owned by the person(s) who presently own, rent or lease the property on which the yard sale takes place.
5.
Yard sale signs are prohibited except on the property where the yard sale is taking place and during the actual days of the sale.
Upon any side or rear lot line in any nonresidential district except the recreation district which abuts a residential district there shall be a dense planted buffer strip at least six (6) feet in height and fifty (50) feet in width along the rear and side lot lines abutting the residential properties, except where zoned specifically otherwise.
The erection and/or maintenance of signs within the City of Sky Valley shall comply with the City of Sky Valley Sign Ordinance, as adopted and amended from time to time, as well as other regulations presently in effect and/or hereinafter adopted by the City of Sky Valley.
Any land-disturbing activity shall comply with the City of Sky Valley Soil Erosion and Sedimentation Control Ordinance, as adopted and amended from time to time, as well as other applicable State law presently in effect and/or hereinafter adopted by the City of Sky Valley.
Manufactured homes are only permitted in manufactured home parks as defined in this ordinance.
No plat shall hereafter be recorded by the Rabun County Clerk of Superior Court unless such plat has been approved by the City Council of Sky Valley.