Except as otherwise specifically provided in this ordinance, no structure shall be erected between any lot line and the pertinent setback distance listed in Table 1, and no structure shall be erected which exceeds the height limit specified in Table 1.

TABLE 1. HEIGHT LIMITS AND MINIMUM SETBACKS FROM PROPERTY LINES (IN FEET)

1501.1.

Where a lot abuts two streets, the front setback for that district shall apply to both frontages, including corner lots, reverse and double frontage lots.

1501.2.

The side setback requirements apply to a side lot line and also to any lot line which is neither a front, rear, nor side lot line.

1501.3.

The setback requirements of these regulations for dwellings shall not apply to any lot where the average setback on developed lots located wholly or in part within one hundred (100) feet on each side of such lot and within the same block and zoning district and fronting on the same street as such lot, is less than the minimum required setback. In such cases, the setback may be less than the required setback for the district but not less than the average of the existing setbacks on the developed lots. This section shall not be construed to allow less setback on lots which extend a developed area, but only to allow the filling in of vacant lots in developed areas.

1501.4.

In such cases as the street right-of-way has not been established or cannot be determined, said front yard/front building setback requirement shall be measured from a point ten (10) feet beyond the construction limits of the road (edge of pavement or curb or edge of drainage ditch, whichever is greater).

1501.5.

Height limitations shall not apply to chimneys, smokestacks, church spires and steeples, domes, flag poles, public monuments, observation towers, water towers, non-commercial radio and television towers, electricity transmission facilities and towers, and other similar utility structures.

1501.6.

All setback requirements set forth herein this Article XV shall not apply to natural screenings and buffers, fences, walls, walkways, and steps except as otherwise set forth in this section 1501.6 and Article V, section 508 of the Zoning Ordinance of the Town of Tallulah Falls, Georgia. Subject to the foregoing requirements, all natural screenings and buffers, fences, walls, walkways and steps shall be constructed, erected, or planted within a lot's boundary. The foregoing notwithstanding, in such instances where a lot boundary abuts a right-of-way, such natural screenings and buffers, fences, walls, walkways, and steps to be constructed, erected, or planted along the lot boundary adjacent to such right-of-way shall be set back at least four (4) feet from the edge of the right-of-way boundary regardless of whether this boundary coincides with the actual edge of the physically improved area used for travel purposes that is present on the ground. For example, if the boundary of the right-of-way is thirty (30) feet wide, but the portion used for travel purposes, including any improved area located within the right-of-way for travel purposes, is only twenty-four (24) feet wide, then the set back referenced herein shall be measured from the boundary line of the right-of-way (i.e., thirty (30) feet) rather than from the edge of the improved area used for travel purposes located within the right-of-way (i.e., twenty-four (24) feet). If the boundary of such existing right-of-way has not been established or cannot be reasonably determined, then such natural screenings and buffers, fences, walls, walkways, or steps shall be set back four (4) feet from the edge of the improved area that is used for travel purposes within the presumptive right-of-way. The provisions of this section 1501.6 shall be read in conjunction and harmony with, and construed to require adherence and compliance with, any additional requirements contained in Article V, section 508 of the Zoning Ordinance of the Town of Tallulah Falls, Georgia.

1501.7.

All setback requirements set forth herein this Article XV shall be exempt for unconditioned space, playhouses, doghouse, or other such structures or buildings of similar nature that do not require a building permit, provided that such unconditioned space, playhouse, doghouse, or such structure or buildings of similar nature that do not require a building permit shall remain within the boundaries of a lot of record.

(Ord. of 8-12-2021(2), § 1; Ord. of 1-6-2022(1), § 1; Ord. No. 22-04, § 2, 6-9-2022)

Except as otherwise specified in this ordinance, no structure shall be erected on any lot which does not fulfill the requirements for area, width, depth and density set out in table 2.

TABLE 2. MINIMUM STANDARDS FOR LOT WIDTH AND AREA AND DENSITY

NOTE: Health department may require a larger lot size if lots are not served by public water and sanitary sewerage.

*See section 906.

1502.1.

Where the owner of a lot at the time of the adoption of this ordinance or his successor in title thereto does not own sufficient land to enable him to meet the minimum lot size requirements of these regulations, such lot may be used as a building site; provided that the town council, upon recommendation from the planning commission, and the appropriate health officer find that the owner's building plans are consistent with existing health codes, and that the building plans will not otherwise adversely affect the health, safety, welfare, convenience, or property values of the area.

1502.2.

In a district which requires side setbacks, if two or more adjoining and vacant lots with continuous frontage are in a single ownership at the time this ordinance becomes effective and such lots are individually less than fifty (50) feet in width, such groups of lots shall be considered as a single lot or several lots of minimum permitted size, and the lot or lots in one ownership shall be subject to the requirements of this ordinance.