Sumter County Unincorporated
City Zoning Code

Whenever any provision of this appendix imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by any other county ordinance, this appendix shall govern.

No building or structure, as defined herein, or part thereof, shall hereinafter be erected, constructed, reconstructed, or altered and maintained, and no new use or change shall be made or maintained of any building, structure or land, or part thereof, except in conformity with the provisions of this appendix. Land, structures and buildings presently used for agricultural purposes are exempted from residential, commercial and industrial zoning restrictions; however, any present agricultural use and/or improvement must satisfy agriculture district regulations regardless of the district within which they are developed.

Except as herein provided, there shall be only one principal use per lot. Based on the zoning district, however, there may be similar multiple users on a nonresidential property—examples would be multiple tenants in a commercial retail center and multiple tenants in an industrial warehouse/distribution facility. Only accessory uses that are accessory to that principal use shall be permitted. For the purpose of supporting farming operations there shall be permitted in the AG district one accessory residential use per each ten acres on a farm under single ownership where the following conditions can be met:

A.

Each such non-principal/accessory residence shall have a land area of not less than one acre reserved for the specific use of said residence.

B.

Each such land area shall be defined by permanent, physical markers and assigned an address in conformance with the county's rural address system and the requirements of the 9-1-1 service provider.

C.

Each such land area shall have direct access to the public thoroughfare system.

D.

Each such land area must be approved by the county health department as to suitability for effective disposal of wastewater generated by occupants of the residence.

E.

A domestic water supply approved by the county health department shall be available to each non-principal/accessory residence.

F.

Individual power supply sources shall be provided to each lot and each power supply installation shall meet such standards as have been adopted by local authorities.

G.

Facilities established under this special provision for residential use shall meet the requirements of local construction and use codes established by the board of commissioners.

H.

Permits for construction shall not be issued by the zoning administrator until the applicant demonstrates the ability to comply with each of the aforementioned conditions. In addition, any change in use or occupancy must be approved by the zoning administrator.

I.

Occupants of non-principal/accessory residences shall be: (1) full-time farm employees, or family members thereof, of the property owner/operator and responsible for agricultural production of the property, or (2) related by blood or legal ties to the owner of the property.

J.

No commercial use of this special provision will be permitted.

(Ord. of 7-16-24(2), § 2)

Any lot of record on July 16, 2024, that does not meet the requirements of this appendix for yards or other area or open space, may be utilized for a use for which it is herein zoned, provided the area of such yard or court in width, depth, or open space is not less than 75 percent of that required by the terms of this appendix. However, substandard lots in the rural residential and agriculture districts are exempted from the 75 percent requirement. The purpose is to permit utilization of recorded lots which lack adequate width or depth as long as reasonable living or working standards can be provided. Adjacent substandard lots under the same ownership shall be combined, where possible, to make standard lots.

(Ord. of 7-16-24(2), § 2)

No lot shall be reduced in size so that the yard, lot width, lot area or other minimum requirements of this appendix are not maintained, except in cases where the size of a lot of record is reduced as a result of public dedication or condemnation for public uses, and where such size reduction has been approved by the planning commission. Moreover, lots of record as described in section 4.05 that do not meet existing standards may not be reduced. Similarly, it is not permitted to split or subdivide any lot if any of the resultant lots are under the minimum lot size allowed in the zoning district. Creation of a new lot under the minimum lot size requirement of the relevant zoning district is not permitted, nor is leaving a remnant under the minimum size requirement. It is not permitted to reduce an existing lot's size under the minimum size requirement. Any subdivision or creation of a substandard lot is illegal, and shall not create any vested right nor permit any non-conforming use. The county reserves the right to take legal action to reverse illegal lot creations, illegal lot splits, or other actions in violation of this section, including creation of substandard-sized lots or remnants.

(Ord. of 7-16-24(2), § 2)

In the event an undeveloped lot of record is reduced in size through an act of public dedication or condemnation for public purposes, the development standards contained in the chapter for width, depth, or area may be waived by the planning commission and such property may be utilized for all permitted and, where authorized, conditional uses. Said waiver is permissible only if the county health department determines that the health and general welfare of the lot owner and the county will not be adversely affected by the intended use. Adjacent, undeveloped lots of record which are owned by the same individual and which are affected by dedication or condemnation for public purposes shall be combined, where possible, to standard lots.

(Ord. of 7-16-24(2), § 2)

Except as otherwise provided below, every principal structure or building erected hereafter shall be upon a lot or parcel having not less than 50 feet of frontage upon either a public road or upon a private road, which meets the same standards and requirements of a public road but whose ownership remains with the developer, property owner or property owners association, either of which shall meet the requirements of the applicable subdivision regulations and any other applicable road design and standards regulations. Moreover, when a building permit is requested for a lot which fronts a private road as described herein, such permit shall contain a signed statement that the property owner acknowledges the private access to his or her property and that the county is not responsible for its maintenance, upkeep or repair.

(Ord. of 7-16-24(2), § 2)

In all districts, no fence, wall, or other fixture, hedge, shrub or other planting which obstructs site lines at elevations between two and 12 feet above the roadway shall be placed or permitted to remain on any corner lot within the triangular area formed by the street right-of-way lines and a line connecting them at points 25 feet from the intersection of the street lines, or in the case of a rounded property corner, from the intersection of the street right-of-way lines extended. No trees shall be permitted to remain within such distances of such intersections unless the foliage line is maintained to comply with the site lines.

(Ord. of 7-16-24(2), § 2)

Except as otherwise permitted in this appendix, accessory buildings shall be subject to the following regulations:

A.

Where an accessory building is structurally attached to the principal building, the accessory building shall be subject to and must conform to all regulations of this appendix applicable to principal buildings.

B.

No detached accessory building shall be located closer than 15 feet to any principal building.

C.

Accessory buildings, except garages, may be erected in side yards and rear yards only. All accessory buildings, including garages shall not be nearer than ten feet to any adjoining lot line.

D.

In any residential zone, no garage shall be erected closer to the side lot line than the permitted distance for the dwelling.

E.

In any residential zone, no carport shall be erected, constructed or altered closer to the side lot line than the permitted distance for the dwelling, nor beyond the front line of the house to which it is attached.

F.

An accessory building shall not exceed one story or 16 feet in height, and shall not exceed the ground floor area of the principal building.

G.

In the case of corner lots, accessory buildings shall observe front yard requirements on all adjoining streets.

H.

On lots of less than two acres, there shall be no more than three accessory buildings, including any detached garages. Accessory buildings are not permitted on residential lots without a primary structure. On lots less than two acres, no accessory structure shall exceed 50 percent of the size of the principle building or structure.

I.

Accessory dwelling units (such as a guest house, pool house or garage apartment) are allowed in residential zoning districts with the following standards:

1.

No more than one accessory dwelling unit per lot. A single-family dwelling unit must exist on the lot or be constructed in conjunction with the accessory unit.

2.

Heated floor area shall not exceed 50 percent of the heated floor area of the principal building.

3.

The structure must meet all accessory building setbacks and not be located closer to the street than the principal building.

4.

The structure shall not exceed the height of the principal building on the lot.

5.

The accessory unit shall not be sold separately or be subdivided or otherwise segregated in ownership from the principal dwelling unit, or the land on which the principal dwelling unit is located.

6.

The unit must have a living or sleeping quarters and sanitation facilities.

7.

An accessory dwelling unit shall comply with the ICC Residential Code.

8.

Recreational vehicles, manufactured homes, trailers, storage buildings, shipping containers and other non-residential buildings are not eligible to be considered accessory dwelling units.

(Ord. of 7-16-24(2), § 2)

In order to provide adequate protective screening for residential areas adjacent to or near nonresidential areas, the following regulations shall apply:

A.

Purpose and intent: The following regulations are designed to promote the health, safety, order, aesthetics and general welfare by eliminating/reducing conflicts between incompatible uses of land, providing for a more attractive environment, assuring adequate open space, and reducing noise, night lighting, odor, objectionable views, loss of privacy and other adverse impacts and nuisances through the use of buffers and landscaping.

B.

Buffer required:

1.

Property zoned for office, commercial or industrial uses shall provide a buffer, as herein defined, along any rear or side property lines abutting a residential district or abutting an alley across from a residential district.

2.

If the consensus of the planning commission is that the buffer would serve no good purpose, the buffer requirement may be waived.

C.

Buffer specifications:

1.

Where determined appropriate by the zoning administrator, existing vegetation may constitute all of the required buffer, or be supplemented with approved, additional planting.

2.

Vegetation, except for ground cover, shall be of such type as to be a height of not less than four feet when planted; provided that such plant materials can form a hardy screen, dense enough and high enough both to interrupt vision and to reduce the transmission of sound and be of a type that will grow to a height of at least six feet.

D.

Landscape strip required:

1.

The owner/developer of any:

a.

Property zoned R-3;

b.

Commercial zoned property which abuts an industrial zone;

c.

Industrial zoned property which abuts a commercial zone;

d.

Commercial or industrial zoned property which abuts a residential zone or

e.

Conditional use commercial or conditional use industrial property shall provide landscape strips, as herein defined, ten feet deep along the full length of the developed portion abutting any public road, and five feet deep along the developed portion of side and rear property lines.

2.

Acceptable plant material. In those instances where the natural vegetation and topography is insufficient to achieve the desired level of screening as required by this appendix, a planted buffer shall be provided and shall consist of plant material of such growth characteristics as will provide an acoustical and visual screen. The following plants (excluding dwarf varieties) are approved for use in required buffers and landscape strips:

a.

Trees. Trees used for screening purposes should be native to the region and shall not be deciduous. They shall be of a type that will grow to at least six feet. Acceptable types of trees include, but are not limited to, the following:

American Holly

Arizona Cypress

Redbay

Cherry Laurel

Eastern Red Cedar

Leyland Cypress

Little Gem Magnolia

Loblolly Pine

Loquat

Virginia Pine

White Pine

Yaupon Holly

b.

Shrubs. Shrubs used to form hedges shall not be deciduous. They shall be at least two feet above ground level when planted. They shall be spaced in such a way that, when mature, they will form a continuous visual screen (hedge) that is at least six feet in height. Acceptable types of shrubs include, but are not limited to, the following:

Burford Holly

California Privet

Cleyera

European Privet

Euonymus

Japan Yew

Japanese Privet

Northern Bayberry

Pittsporum

Sasanqua Camellia

Southern Waxmyrtle

Tea Olive

c.

Other materials. Other evergreen plant materials having the same growth characteristics as the aforementioned may be substituted, subject to approval of the zoning administrator prior to installation. Planting of kudzu is prohibited. A grassed, earthen berm may be substituted, provided a continuous visual screen, with or without acceptable shrub or hedge material, is formed at least six feet in height. This option shall not create a drainage problem for the adjoining property, whether publicly or privately owned.

E.

Maintenance of buffers and landscape strips: The owner/developer of the property shall be responsible for: (1) installing the trees and shrubs and maintaining them in a neat and orderly appearance, (2) providing an aesthetically pleasing appearance, and (3) assuring that the buffer actually serves the purpose for which it is intended. In cases of noncompliance, the zoning administrator shall be empowered to take action as provided by law to ensure maintenance of all plant and landscaping materials.

F.

Administration and enforcement: All site plans, plot plans, construction plans, and grading and drainage plans shall indicate all required buffers and landscape strips. Required buffers and landscape strips shall be installed in accordance with approved plans prior to issuance of a certificate of occupancy.

G.

General provisions:

1.

Landscaping, fencing or walls shall be used to screen objectionable views or nuisances such as service areas, refuse containers, air conditioning units, transformers, private water system tanks and wells, etc.

2.

The exact location for walls and fences constructed pursuant to the requirements of this section shall be determined on a case by case basis subject to approval of the zoning administrator. Such improvements shall be a minimum of six feet high above grade elevation and constructed of materials approved by the zoning administrator: walls of brick, stone or concrete block textured or coated with an architectural finish (paint, stucco, etc.); fences of wood or other material that achieves the desired visual and acoustical screening with finished surface facing externally to the project.

(Ord. of 7-16-24(2), § 2)

A.

In order to assure that the requirements of this appendix are satisfied, all applications for a building permit shall be accompanied by a building site plan which shall conform to the following list of requirements, and be reviewed by the zoning administrator to determine compliance with this appendix before a building permit is issued:

1.

Site location map.

2.

The site plan shall be drawn to a minimum scale of one inch equals 100 feet. The building official may request that the plan be drawn by a registered engineer or surveyor certified to work in the state if questions of soil suitability or flood zone locations exist within the property for which a building permit is being sought.

3.

The plan shall show all property lines.

4.

The plan shall show the complete outline of the proposed building at the location where it is proposed to be built.

5.

The plan shall show all required building setback lines: front, rear and sides. No part of any permanent structure shall encroach on any required setbacks.

6.

The plan shall show all required parking, landscape buffers and all other requirements as set out in this appendix.

B.

After the zoning administrator has reviewed the site plan, a letter stating approval/disapproval will be sent to the building official.

C.

Before inspection of the foundation, the builder shall run string connecting all the iron pins that define the corners of the lot to create an outline of the lot on the ground.

D.

At the time the building official conducts the foundation inspection, he will measure from the string determining the property lines to the proposed outermost edge of the building to assure compliance with the requirements of this appendix as they pertain to required setbacks.

(Ord. of 7-16-24(2), § 2)

Any lot located in either an R-1, R-1L or R-2 district, which lot abuts any of those certain state waters within or forming the boundaries of Sumter County, Georgia, as more fully defined herein, shall be subject to the following requirements:

A.

Minimum lot size per unit—1.00 acre;

B.

Minimum lot depth at building setback—100 feet from either the shoreline of the bordering state waters or the road fronting said lot;

C.

All lots must abut at least 75 feet on a public road, except where the public road is a cul-de-sac, in which instance, said lot shall have a minimum frontage of at least 50 feet on the cul-de-sac.

For purposes of this section, "state waters" shall be defined as any and all rivers, streams, canals, creeks, branches, lakes, reservoirs, ponds, and any other bodies of surface water, each having a minimum width of 50 feet.

Notwithstanding the foregoing specific requirements, and except as otherwise mandated by state law, all other provisions of the Sumter County Zoning Ordinance shall apply to lots abutting state waters.

(Ord. of 7-16-24(2), § 2)