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Tallapoosa City Zoning Code

ARTICLE III

- APPLICATION OF REGULATIONS

Sec. 106-58. - Use.

Except as hereinafter provided, no building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.

(Ord. No. 01252, § 106-21, 12-12-2005)

Sec. 106-59. - Height and density.

Except as hereinafter provided, no building or other structure shall hereafter be erected or altered:

(1)

To exceed the height limits;

(2)

To accommodate or house a greater number of families or occupy a smaller lot area per family; or

(3)

To have narrower or smaller rear yards, front yards, side yards, or other open spaces than are herein required or specified; or in any other manner contrary to the provisions of this chapter.

(Ord. No. 01252, § 106-22, 12-12-2005)

Sec. 106-60. - Yard service to one building.

Except as hereinafter provided, no part of a yard, or other open space, or off-street parking or loading space required about, or in connection with, any building for the purpose of complying with this chapter, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.

(Ord. No. 01252, § 106-23, 12-12-2005)

Sec. 106-61. - Only one principal building.

Except as hereinafter provided, every building or structure hereafter erected shall be located on a lot or tract as defined herein; and there shall not be more than one principal building on one lot, plus its accessory buildings, except as provided in section 106-174.

(Ord. No. 01252, § 106-24, 12-12-2005)

Sec. 106-62. - Reduction of lot area.

Except as hereinafter provided, no lot, even though it may consist of one or more adjacent lots of record, shall be reduced in size so that the whole lot width or depth, front, side or rear yard, lot area per family, or other requirements of this chapter, are not maintained. This section shall not apply when a portion of a lot is acquired for public purposes.

(Ord. No. 01252, § 106-25, 12-12-2005)

Sec. 106-63. - Street frontage.

Except as hereinafter provided, no principal building shall be erected on any lot which does not have immediate frontage on at least one public street for a specified distance, as determined by the zoning district the property is located in. Said specified minimum distance shall be that which is indicated by the required minimum lot width for a lot in a specific zoning category district. (See section 106-148.)

(Ord. No. 01252, § 106-26, 12-12-2005)

Sec. 106-64. - Corner and double frontage lots.

On lots having frontage on more than one street in residential districts, the minimum front yard (minimum building setback) shall be provided for each street in accordance with the provisions of this chapter.

(Ord. No. 01252, § 106-27, 12-12-2005)

Sec. 106-65. - Inspection of required buffers.

Except as hereinafter provided, in the event a screen, wall, fence, planted dividing strip, or any other type of buffer is required by this chapter for any use, such screen, wall, etc., will be subjected to periodic inspections by the city manager or his designee to determine that such required walls, fences, etc., are being properly maintained. Failure to maintain such required walls, fences, etc., to an acceptable standard may be deemed a violation of this chapter.

(Ord. No. 01252, § 106-28, 12-12-2005)

Cross reference— Building inspector, §§ 18-3, 106-204.

Sec. 106-66. - Setbacks, front, rear and side yards.

(a)

All front yard setbacks shall be measured beginning at the street right-of-way and shall be free of all elements of the house or commercial structure intended for human occupation; as applicable (including roof overhang, which shall add two feet, and any porches, landings, decks, etc.). Does not apply to driveways, patios with no overhead cover and fencing. However, fencing must be set back adequately such that the post footing does not trespass onto a neighbor's property or public right-of-way.

(b)

All rear yard setbacks shall be measured beginning at the rear property line and shall be free of all elements of the house or commercial structure intended for human occupation; as applicable (including roof overhang, which shall add two feet, and any porches, landings, etc.). Above-ground and in-ground pools, decks and covered porches, and prefabricated, portable structures such as storage buildings and carports, either for automobiles or recreation vehicles (trailers, fifth wheels, motorcoaches, etc.) are excluded and have their own specific setback. Also does not apply to driveways, patios with no overhead cover and fencing. However, fencing must be set back adequately such that the post footing does not trespass onto a neighbor's property or public right-of-way.

(c)

All side yard setbacks shall be measured beginning at all property lines which are not front or rear property lines and shall be free of all elements of the house or commercial structure intended for human occupation; as applicable (including roof overhang, which shall add two feet, and any porches, landings, etc.). Including above-ground or in-ground pools, decks and covered porches, and prefabricated, portable structures such as storage buildings and carports, either for automobiles or recreation vehicles (trailers, fifth wheels, motorcoaches, etc.). These must be outside the setback area. Does not apply to driveways, patios with no overhead cover and fencing. However, fencing must be set back adequately such that the post footing does not trespass onto a neighbor's property or public right-of-way.

(Ord. No. 01252, § 106-29, 12-12-2005)

Sec. 106-67. - Driveways.

In single-family residential districts (and elsewhere required), each separate residential building shall be served by a separate, single, dedicated driveway. Each separate, single-family building located in a multifamily district shall be served by a separate, single, dedicated driveway. No driveway shall serve more than one residential lot.

(Ord. No. 01252, § 106-30, 12-12-2005)

Sec. 106-68. - Building line and lot width.

The building line shall be located at the setback line, and in the case of corner and double frontage lots, the building line shall mimic the front yard setback and be established from each street's public right-of-way. Lot width shall meet minimum lot widths as determined by the zoning district. (See section 106-148.) No area of newly platted lots shall be less than the stated minimum lot width. Lots located on curves and cul-de-sacs shall have the minimum lot width measured in a straight line (non arc), from side lot line to side lot line, between such points of intersection (side lot line and nearest point to the public right-of-way where a straight line may be established, but no further than the building line). This lot width as measured in a straight line must comply with the minimum standards of the designated zoning district. (Please note, setback on lot must still be in compliance with required setback of the specific zoning district, in other words, the area shall mark the minimum setback distance or space from the public right-of-way, for the specific lot.)

(Ord. No. 01252, § 106-31, 12-12-2005)