- GENERAL PROVISIONS
The Mayor and Council comprised of the Mayor and Aldermen of Sandersville under the authority granted by Article IX, Section II, Paragraph IV, of the Georgia Constitution of 1983, hereby ordains and enacts into law the following articles and sections.
(Ord. No. 2019-01, 4/15/19)
This chapter shall be known and cited as the "Zoning Ordinance of Sandersville, Georgia."
(Ord. No. 2019-01, 4/15/19)
This chapter shall govern the use of all land and the development thereof within the corporate limits of the City.
(Ord. No. 2019-01, 4/15/19)
The purpose of this chapter shall be to promote the proper location, height, bulk, number of stories and size of buildings and other structures, the sizes of yards, courts, and other open spaces, the density and distribution of population, and the uses of buildings, structures, and land for trade, industry, residence, recreation, agriculture, forestry, conservation, sanitation, protection against floods, public activities and other purposes so as to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; to promote desirable living conditions and the sustained stability of neighborhoods; to protect property against blight and depreciation; to secure economy in governmental expenditures; to conserve the value of buildings and to encourage the most appropriate use of land, buildings, and structures throughout the City and for other purposes.
(Ord. No. 2019-01, 4/15/19)
(a)
Interpretation of certain terms and words. Words used in the present tense include the future tense. Words used in the singular include the plural, and words used in the plural include the singular.
(1)
The word "shall" is always mandatory.
(2)
The word "person" includes a firm, association, organization, trust, company, or corporation as well as an individual.
(3)
The word "lot" includes the words "plot" or "parcel."
(4)
The word "constructed" includes the words "erected," "built," "altered," "rebuilt," and "repaired."
(5)
The word "used" or "occupied," as applied to any land or building, shall be construed to include the words "intended, arranged, or designed to be used or occupied."
(6)
The word "map" or "zoning map" refers to the official "Zoning Map of Sandersville, Georgia."
(b)
Exceptions. Except as specifically defined herein, all words used in this chapter have their customary dictionary definitions. For the purpose of the chapter, certain terms and words used herein are defined as follows:
Accessory building or use. A building or use customarily incidental and subordinate to the principal building or use and located on the same lot with such principal building or use. If an accessory building is attached to the main building either by a common wall or if the roof of the accessory building is a continuation of the roof of the main building, such accessory building shall be considered a part of the main building.
Administrator, zoning. The person, officer, or official and his authorized representative, whom the Mayor and Council has designated as its agent for the administration of these regulations.
Alley. A private or public thoroughfare which affords only a secondary means of access to abutting property and is not intended for general traffic circulation.
Alteration, building or structural. Any change in the supporting members of a building (such as any type of supporting structural members) except such a change as may be required for its safety; any addition to a building; any change in use from that of one (1) district classification to another; or of a building from one (1) location to another.
Apartment. A room or group of rooms providing complete living quarters for occupancy by one (1) family and which is part of a residential building designed for occupancy by two (2) or more families.
Apartment house. A building arranged, intended or designed to be occupied by three (3) or more families living independently of each other.
Boarding or rooming house. Any dwelling in which three (3) or more persons either individually or as families are housed for payment with or without meals.
Buffer strip. A space developed or improved with evergreen trees or other plantings and/or a fence or wall which may be required in certain locations to reduce the conflicting or adverse effects of different uses abutting each other.
Building. Any structure, designed or built for the support, enclosure, shelter or protection of persons, animals or property of any kind.
Building height. The vertical distance of a building measured from the average elevation of the finished lot grade along the front of the building to the highest point of the building.
Building inspector. The person or persons appointed by the Mayor and Council and charged with the duty of enforcing the provisions of this chapter.
Building, main or principal. The principal building on a lot or building site designed or used to accommodate the primary use to which the premises are devoted; where a permissible use involves more than one (1) structure designed or used for the primary purpose, as in the case of group houses, each such permissible building on one (1) lot as defined by this chapter shall be construed as comprising a main building.
Building site. "Building site" means: (i) the ground area of one (1) lot, or (ii) the ground area of two (2) or more lots when used in combination for a building or group of buildings, together with all open spaces required by this chapter.
Business or commerce. The purchase, sale or other transaction involving the handling or disposition of any, service, substance or commodity for livelihood or profit; or the management of office buildings, offices, recreational or amusement enterprises; or the maintenance and use of offices, structures and premises by professions and trade-rendering services.
Care home. An orphanage, rest home, nursing home, convalescent home, boarding home for the aged, or similar use established to render domiciliary care, but not including facilities for the care of mental patients, epileptics, alcoholics, drug addicts and not including nursery schools.
Center line of a street. The center line of a street is the line surveyed and monumented by the governing body as such, or if a center line has not been surveyed and monumented, it shall be that line midway between the outside curbs or ditches of the street.
Club or lodge, private. An incorporated or unincorporated association for civic, social, cultural, religious, fraternal, literary, political, recreational, or like activities, operated for the benefit of its members and not open to the general public.
Curb cut. The providing of ingress and/or egress between property and an abutting public street.
Dwelling. A building designed or used for permanent living quarters for one (1) or more families.
Dwelling, multi-family. A building either designed, constructed, altered, or used for more than two (2) adjoining dwelling units, with each dwelling unit having a common wall or common floor connecting it to at least one (1) other dwelling unit in the building.
Dwelling, single family. A structure containing not more than one (1) dwelling unit designed for residential use.
Dwelling, two-family (duplex). A building designed for or occupied exclusively by two (2) families living independently of each other, with separate housing facilities for each family unit separated from each other by an unpierced fire wall extending from ground to roof.
Dwelling unit. A structure or a portion of a structure designed, arranged and used for living quarters for one (1) or more persons living as a single housekeeping unit with cooking facilities, but not including units in hotels, motels, boarding houses or like uses.
Family. One (1) or more persons occupying a dwelling unit and living as a single housekeeping unit.
Farm. Any plot or tract of land consisting of at least three (3) acres and devoted to agricultural purposes.
Floor area, gross. The total number of square feet of floor area in a building determined by horizontal measurements between the exterior faces of walls, excluding basement areas, porches, carports, and garages.
Home occupation. An occupation or activity and the retail sale of the products of such activity, if any, only when such occupation or activity takes place in the same building used as a private residence and is conducted by residents only. Such activity shall be confined to twenty-five (25) percent of the floor area of the residence. See Section 8-4-51.
Hospital. Any institution receiving inpatients, or a public institution receiving outpatients, and authorized under Georgia law to render medical, surgical, and/or obstetrical care. The term "hospital" shall include a sanitarium for the treatment and care of senile psychotics or drug addicts, but shall not include office facilities for the private practice of medicine or dentistry.
Hospital, small animal. "Small animal hospital" means an establishment in which veterinary services, clipping, bathing, boarding and other services are rendered to dogs, cats, and other small animals and domestic pets.
Industrialized building. Any structure or component thereof which is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation on a building site and has been manufactured in such a manner that all parts or processes cannot be inspected at the installation site without disassembly, damage to, or destruction thereof. Industrialized buildings are constructed and regulated in accordance with the "Industrialized Building Act", Georgia Law 1982 pp. 1637—1643 (O.C.G.A. Title 8, Chapter 2, Article 2, Part 1).
Junk yard. Any land or building, used for the abandonment, storage, keeping, collecting, or baling of paper, rags, scrap metals, other scrap or discarded materials, or for the abandonment, demolition, dismantling, storage, or salvaging of automobiles or other vehicles not in running condition, machinery, or parts thereof.
Kennel. A place where four (4) or more adult dogs or cats are kept, whether by owners of the dogs and cats or by persons providing facilities and care, whether or not for compensation. An adult dog or cat is an animal of either sex, altered or unaltered, that has reached the age of four (4) months.
Lot. Land occupied, or to be occupied, by a building, group of buildings or uses, and accessory buildings, together with such yards and lot area as required by this chapter.
Lot, corner. A lot having frontage on two (2) or more public streets at their intersection.
Lot depth. The average horizontal length between the front and rear lot lines.
Lot of record. A lot which is part of a subdivision recorded in the office of the Clerk of Superior Court, or a parcel described by metes and bounds, the description of which has been so recorded.
Lot, through. A lot other than a corner lot, having frontage on more than one (1) street.
Lot width. The distance between the side lot lines, measured along the front yard setback line as established by this chapter, or if no setback line is established, the horizontal distance between the side lot lines measured along the street right-of-way line.
Manufactured home. A structure defined by and constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended, 42 U.S.C. 5401, et seq. The definition at the date of adoption of this part is as follows:
Manufactured home means a structure, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary and complies with the standards established under this title.
It is specifically provided that this statute shall not apply to modular homes if said modular homes are not located on a permanent frame or chassis. If a modular home is not located on a permanent frame or chassis, it shall be treated the same as a site built home governed by applicable codes and ordinances for the City as they apply to site built homes.
Multiple-wide homes shall only be required to have diagonal ties and anchors. No over-the-roof or vertical ties shall be required.
Manufactured home community. A contiguous parcel of land under single owner-ship which has been planned and improved for the placement of five (5) or more manufactured or mobile homes for residential occupancy. This definition shall not include manufactured home or mobile home sales lots on which unoccupied homes are located for purposes of inspection and sale.
Map (zoning map). The "Zoning Map of Sandersville, Georgia" incorporated into this chapter as part thereof by reference thereto.
Mobile home. A structure, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on site, is three hundred twenty (320) or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein and manufactured prior to June 15, 1976.
Modular home. A factory-fabricated transportable building consisting or units designed to be incorporated at a building site on a permanent foundation into a permanent structure to be used for residential purposes and which bears a seal of compliance with regulations or either the Southern Building Code Congress International or the Georgia Industrialized Building Act.
Nonconforming use. Any lawful use existing at the time of enactment of this chapter that does not conform with the use for this district as specified in this chapter.
Nursery school. An agency, organization or individual providing daytime care of four (4) or more children not related by blood or marriage or not the legal wards or foster children of the attendant adult.
Nursing home. Any facility, authorized by Georgia law, in which aged, chronically ill, or incurable persons are housed and furnished with meals and nursing care.
Principal use. The principal purpose for which a lot or the main building thereon is designed, arranged, or intended, and for which it is or may be used, occupied, or maintained.
Professional office building. A building constructed for or remodeled for use as office space for professions including, but not limited to, medical, dental, legal, forestry, surveying, financial, architectural, engineering, real estate, or insurance.
Public street. Right-of-way dedicated to the City or owned by the City for public street purposes.
Setback. The shortest distance between the centerline of a street and the principal building or structure on a lot.
Shopping center. Two (2) or more commercial establishments planned and managed as a single unit with off-street parking and loading facilities provided on the property.
Sign. Any surface, fabric, or device bearing lettered, pictorial, or sculptured matter designed to convey information visually and exposed to public view; or any structure including billboard or poster panel designed to carry the above visual information.
Special exception. A special exception is a use which within certain districts specified by this chapter is not permitted as a matter of right but may be permitted within these districts by the Mayor and Council after said Council has (i) reviewed the proposed site plans for the use, its location within the community, its arrangement and design, its relationship to neighboring property and other conditions peculiar to the particular proposal which would determine its desirability or undesirability; (ii) has found the proposal not to be contrary to the intent of this chapter; and (iii) has approved the use as specified.
Street. Relates to, and includes streets and avenues, boulevards, roads, highways, expressways, and other ways.
(1)
Major street. A street having a one-hundred-foot right-of-way and/or designated as a Georgia state highway or a county road.
(2)
Minor street. A street deeded to the City having less than a one-hundred-foot right-of-way.
Structure. Anything constructed or erected with a fixed location on or in the ground, or attached to something having a fixed location on the ground. Structures include, but are not limited to the following: site built buildings, industrialized buildings, modular homes, manufactured homes, mobile homes, billboards, swimming pools, advertising signs, satellite dishes, fallout shelters, fences, walls, concrete paving and/or asphalt driveways, including resurfacing.
Structural alterations. Any change in the supporting members of a building such as foundations, bearing walls, columns, beams, floor or roof joists, girders or rafters, or changes in roof or exterior lines.
Tourist home. A dwelling in which sleeping accommodations are provided or offered to transient visitors for compensation.
Trailer park, travel. Any portion or parcel of land designed to accommodate one (1) or more travel trailers or recreation vehicles to be used for living or sleeping purposes, including any land, building, structure, or facility used by the occupants of such units on such property.
Trailer, camping-recreation vehicle. A vehicular portable structure designed as a temporary dwelling for travel, recreation, and vacation uses, which is identified on the unit by the manufacturer as a camper, travel trailer, recreation vehicle, or motor home, and is not more than eight (8) feet in body width.
Use. The purpose for which land or buildings is arranged, designed or intended, or for which either is or may be occupied or maintained.
Variance. A variance is a relaxation of the terms of the zoning ordinance, not a change in a zoning district, where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship. A variance can only be approved by the Mayor and Council, except as expressly provided herein.
Yard. An open space on the same lot with a principal building, unoccupied except as permitted by this chapter.
(1)
Yard, front. That area of a lot lying between the abutting street right-of-way and the principal building of the lot and extending across the front of a lot from side lot line to side lot line.
(2)
Yard, rear. That area of a lot extending across the rear of a lot from side lot line to side lot line and lying between the rear lot line and the principal building on the lot.
(3)
Yard, side. That area of a lot between the side lot line and the principal building on the lot extending from the front yard to the rear yard.
(Ord. No. 2019-01, 4/15/19; Ord. No. 2021-04, § 1(C), 4/5/21)
In interpreting and applying this chapter, the requirements contained herein are declared to be the minimum requirements necessary to carry out the purpose of the chapter. Except as hereinafter provided, this chapter shall not be deemed to interfere with, abrogate, annul, or otherwise affect in any manner whatsoever any easements, covenants, or other agreements between parties. Whenever the provisions of this chapter impose greater restrictions upon the use of land or buildings, or upon the height of buildings, or require a larger percentage of lot to be left unoccupied than the provisions of other resolutions, rules, regulations, permits, or any easements, covenants, or other agreements between parties, the provisions of this chapter shall govern.
(Ord. No. 2019-01, 4/15/19)
No building, structure, or land shall be used or occupied; and no building, structure, or part thereof shall be erected, constructed, reconstructed, moved, enlarged, or structurally altered unless in conformity with this chapter.
(Ord. No. 2019-01, 4/15/19)
No building or structure may be erected or use established unless upon a lot as defined by this chapter except as provided in Sections 8-4-22(2) and 8-4-101.
(Ord. No. 2019-01, 4/15/19)
(a)
Except as herein provided (see Section 8-4-52), there shall be no more than one (1) principal building, structure, or use upon any lot other than lots with C-1, C-2, I-1, or I-2 districts.
(b)
No mobile, modular, manufactured or industrialized home may be added to an existing home or principal building.
(Ord. No. 2019-01, 4/15/19)
No open space shall be encroached upon or reduced in any manner except in conformity to the yard, setback, off-street parking spaces, and such other regulations required by this chapter for the district in which such building is located. Shrubbery, driveways, retaining walls, fences, curbs, and planted buffer strips shall be construed not to be encroachments of yards. (See Section 8-4-28.)
(Ord. No. 2019-01, 4/15/19)
No part of any yard, other open space, or off-street parking or loading space required about or in connection with any building, structure, or use by this chapter shall be considered to be part of a required yard, or other open space, or off-street parking or loading space for any other building, structure, or use except as provided in Section 8-4-66.
(Ord. No. 2019-01, 4/15/19)
Except as provided in Section 8-4-24, no lot existing at the time of passage of this chapter shall be reduced, divided, or changed so as to produce a tract of land which does not comply with the minimum dimension or area requirements of this chapter for the district in which it is located unless said reduction or division is necessary to provide land that is needed and accepted for public use.
(Ord. No. 2019-01, 4/15/19)
No building, structure, service area, or required off-street parking and loading facilities, except driveways, shall be permitted to encroach on public rights-of-way.
(Ord. No. 2019-01, 4/15/19)
(a)
Accessory buildings may be erected in any required yard except a front yard, provided that in no instance shall such a building be placed nearer to a side or rear property line than ten (10) feet. Certain accessory buildings identified in Section 8-4-44, "Table of Permitted Uses," by an asterisk (*), shall be required to be completely enclosed by a four-foot high, or higher masonry, wood, or chain link fence. (See Section 8-4-19.)
(b)
In case of double frontage lots, accessory buildings shall observe front yard requirements on both street frontages wherever there are any principal buildings fronting on said streets in the same block or adjacent blocks.
(Ord. No. 2019-01, 4/15/19)
Accessory buildings or uses on nonresidential lots shall comply with front, side, and rear yard requirements established for the zoning district in which such accessory buildings or uses are located.
(Ord. No. 2019-01, 4/15/19)
One (1) recreation vehicle, travel trailer or camper as defined in Section 8-4-5 may be stored on a residential lot provided it is locked and unoccupied.
(Ord. No. 2019-01, 4/15/19)
No building shall be erected on a lot which does not abut for at least twenty-five (25) feet on a public street, except in a C-1 zone where the minimum size lot is twenty (20) feet and which is not accessible via a public drive of not less than twenty (20) feet width, exclusive of parking. Buildings in I-2 districts are exempt from these requirements.
(Ord. No. 2019-01, 4/15/19)
In the case of a corner lot, side yard setback requirements from the property line shall be equal to seventy-five (75) percent of that required for the front yard setback for the district. On a corner lot where the main entrance into a residence is facing a side yard, it shall be permissible for purposes of this chapter to construe the residence to be fronting on the street other than that street which said entrance faces, and side and rear yard requirements may be provided accordingly. If a building is constructed on a through lot having frontage on two (2) roads not at an intersection, a setback from each road shall be provided equal to the front yard requirement for the district in which the lot is located.
(Ord. No. 2019-01, 4/15/19)
Wherever screening is required by this chapter, a durable masonry wall, or fence and hedge of sufficient capacity to provide a visual blind designed to be compatible with the character of adjoining properties, shall be provided. Such fences and walls shall be at least five (5) feet in height measured from the ground along the common lot line of the adjoining properties. Hedges or comparable natural plantings shall be of such variety that an average height of at least five (5) feet could be expected by normal growth within no later than three (3) years from the time of planting.
(Ord. No. 2019-01, 4/15/19)
Within any nonresidential district, side yards and rear yards shall not be required adjacent to railroad rights-of-way.
(Ord. No. 2019-01, 4/15/19)
Any lot of record existing at the time of the adoption of this chapter, which has an area or a width which is less than required by this chapter, shall be subject to the following exceptions and modifications:
(1)
Adjoining lots. When two (2) or more adjoining lots with continuous frontage are in one (1) ownership at any time after the adoption of this chapter and such lots individually are less than the minimum square footage and/or have less than the minimum width required in the district in which they are located, then such group of lots shall be considered as a single lot, provided, however, that when such combination of lots would create a single lot having a width and area one and three-quarters (1¾) times or more than that width and area required by this chapter, then such lot may be divided into two (2) lots of equal width and equal area and said lots used as conforming lots.
(2)
Lot not meeting minimum lot size requirements. In any district in which single-family dwellings are permitted, any lot of record existing at the time of the adoption of this chapter which has an area or a width which is less than that required by this chapter may be used as a building site for a single-family dwelling or other use permitted in that zone; provided, however, that the same yard, setback, open-space, and other dimensional requirements are met that would be required for a standard lot.
(Ord. No. 2019-01, 4/15/19)
In all zones, except C-1; no fence, wall, shrubbery, sign, marquee or other obstructions to vision between the heights of two and one-half (2½) and ten (10) feet shall be permitted within thirty (30) feet of the intersection of the right-of-way lines of two (2) streets or railroad lines, of a street intersection with a railroad line, driveway curb cut or along the sides of property lines approaching a street. Exception shall be made for utility poles, lighting standards, traffic and street signs and trees, the branches of which are kept trimmed to a height of eight (8) feet above the street level. Nonconforming buildings shall be excepted from this provision.
(Ord. No. 2019-01, 4/15/19)
When a building or structure is proposed on a lot and when on either or both lots which adjoin such lot at the street right-of-way line there exists a principal building which does not conform to the setback requirements of this chapter, the required setback for such building or structure shall be as follows:
(1)
Where only one (1) said adjoining lot contains a principal building with a nonconforming setback, the setback shall be the computed average of: (i) the normal setback requirement with (ii) the nonconforming setback;
(2)
Where both adjoining lots contain a principal building each with a nonconforming setback, the minimum setback shall be the computed average of the two (2) nonconforming setbacks; or
(3)
Reconstruction or modification of existing nonconforming structures shall be authorized utilizing the original setback.
(Ord. No. 2019-01, 4/15/19)
In the event that a district boundary line on the zoning map divides a lot of record held in one (1) ownership on the date of passage of this chapter, each part of the lot so divided shall be used in conformity with the regulations established by this chapter, for the district in which each such parcel is located; except, however, that if the property owner of such a lot, other than a through lot, so desires, he may extend a use allowed on the greater portion of said lot thirty-five (35) feet beyond the district boundary line in accordance with setbacks and yard requirements of the district into which he is encroaching.
(Ord. No. 2019-01, 4/15/19)
In a C-1 or C-2 district where a lot abuts any residential district, a five-foot-wide buffer shall be provided with screening as specified in Section 8-4-20. Off-street parking associated with such uses shall be governed by this same provision.
(Ord. No. 2019-01, 4/15/19)
The height limits of this chapter shall not apply to a church spire, belfry, cupola, dome, or ornamental tower not intended for human occupancy, monument, water tower, observation tower, transmission tower, chimney, smoke stack, conveyer, flag pole, radio or television tower, mast or aerial, parapet wall not extending more than four (4) feet above the roof line of the building, and necessary mechanical appurtenances including silos, storage tanks, and process structures necessary for normal operations of industries in I-2 districts.
(Ord. No. 2019-01, 4/15/19)
Architectural features such as cornices, eaves, steps, gutters, and fire escapes may project not more than four (4) feet beyond any required setback line, except where such projections would obstruct driveways which are or may be used for access for service and/or emergency vehicles.
(Ord. No. 2019-01, 4/15/19)
When a lot of record has a width less than the frontage required in the district in which it is located and said lot cannot be increased in width as provided in Section 8-4-22, then the zoning administrator shall be authorized to grant a variance to reduce the side yard requirements for such a lot provided, however, that there shall be not less than an eight-foot side yard.
(Ord. No. 2019-01, 4/15/19)
If either a use or class of use is not specifically indicated as being permitted in a district either as a matter of right, or as a special exception, then such use, class of use, or structures for such uses, shall be prohibited in such district.
(Ord. No. 2019-01, 4/15/19)
(a)
Commercial. A commercial swimming pool shall not be located closer than twenty (20) feet of a property line.
(b)
Residential. Same as accessory structure. Swimming pools must be completely enclosed by a four-foot high wall or fence. See Section 8-4-14.
(Ord. No. 2019-01, 4/15/19)
Areas annexed to the City shall be placed in the A-1 zoning district and shall remain A-1 until such time as a zoning change is executed in accordance with the provisions of this chapter for zoning amendments.
(Ord. No. 2019-01, 4/15/19)
Heavy industry plants in I-2 districts shall have the right to engage in any activity necessary to maintain and expand that industry and shall have the right to engage in any activity to comply with any mandated state or federal legislation or agency. These rights shall exist for I-2, heavy industrial plants, even though specific rights may not be expressly indicated. The rights for activities and fixtures to maintain business and plant maintenance and/or to comply with state and federal regulations shall not be interpreted so as to grant these rights to activities or fixtures that are not necessary for maintenance of heavy industrial plants and shall not permit other businesses to locate in I-2 districts, solely because they engage in similar activities as an independent supplier to said heavy industries. These rights shall exist for contractors that are engaged in such activities for heavy industries on said industries' property.
(Ord. No. 2019-01, 4/15/19)
- GENERAL PROVISIONS
The Mayor and Council comprised of the Mayor and Aldermen of Sandersville under the authority granted by Article IX, Section II, Paragraph IV, of the Georgia Constitution of 1983, hereby ordains and enacts into law the following articles and sections.
(Ord. No. 2019-01, 4/15/19)
This chapter shall be known and cited as the "Zoning Ordinance of Sandersville, Georgia."
(Ord. No. 2019-01, 4/15/19)
This chapter shall govern the use of all land and the development thereof within the corporate limits of the City.
(Ord. No. 2019-01, 4/15/19)
The purpose of this chapter shall be to promote the proper location, height, bulk, number of stories and size of buildings and other structures, the sizes of yards, courts, and other open spaces, the density and distribution of population, and the uses of buildings, structures, and land for trade, industry, residence, recreation, agriculture, forestry, conservation, sanitation, protection against floods, public activities and other purposes so as to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; to promote desirable living conditions and the sustained stability of neighborhoods; to protect property against blight and depreciation; to secure economy in governmental expenditures; to conserve the value of buildings and to encourage the most appropriate use of land, buildings, and structures throughout the City and for other purposes.
(Ord. No. 2019-01, 4/15/19)
(a)
Interpretation of certain terms and words. Words used in the present tense include the future tense. Words used in the singular include the plural, and words used in the plural include the singular.
(1)
The word "shall" is always mandatory.
(2)
The word "person" includes a firm, association, organization, trust, company, or corporation as well as an individual.
(3)
The word "lot" includes the words "plot" or "parcel."
(4)
The word "constructed" includes the words "erected," "built," "altered," "rebuilt," and "repaired."
(5)
The word "used" or "occupied," as applied to any land or building, shall be construed to include the words "intended, arranged, or designed to be used or occupied."
(6)
The word "map" or "zoning map" refers to the official "Zoning Map of Sandersville, Georgia."
(b)
Exceptions. Except as specifically defined herein, all words used in this chapter have their customary dictionary definitions. For the purpose of the chapter, certain terms and words used herein are defined as follows:
Accessory building or use. A building or use customarily incidental and subordinate to the principal building or use and located on the same lot with such principal building or use. If an accessory building is attached to the main building either by a common wall or if the roof of the accessory building is a continuation of the roof of the main building, such accessory building shall be considered a part of the main building.
Administrator, zoning. The person, officer, or official and his authorized representative, whom the Mayor and Council has designated as its agent for the administration of these regulations.
Alley. A private or public thoroughfare which affords only a secondary means of access to abutting property and is not intended for general traffic circulation.
Alteration, building or structural. Any change in the supporting members of a building (such as any type of supporting structural members) except such a change as may be required for its safety; any addition to a building; any change in use from that of one (1) district classification to another; or of a building from one (1) location to another.
Apartment. A room or group of rooms providing complete living quarters for occupancy by one (1) family and which is part of a residential building designed for occupancy by two (2) or more families.
Apartment house. A building arranged, intended or designed to be occupied by three (3) or more families living independently of each other.
Boarding or rooming house. Any dwelling in which three (3) or more persons either individually or as families are housed for payment with or without meals.
Buffer strip. A space developed or improved with evergreen trees or other plantings and/or a fence or wall which may be required in certain locations to reduce the conflicting or adverse effects of different uses abutting each other.
Building. Any structure, designed or built for the support, enclosure, shelter or protection of persons, animals or property of any kind.
Building height. The vertical distance of a building measured from the average elevation of the finished lot grade along the front of the building to the highest point of the building.
Building inspector. The person or persons appointed by the Mayor and Council and charged with the duty of enforcing the provisions of this chapter.
Building, main or principal. The principal building on a lot or building site designed or used to accommodate the primary use to which the premises are devoted; where a permissible use involves more than one (1) structure designed or used for the primary purpose, as in the case of group houses, each such permissible building on one (1) lot as defined by this chapter shall be construed as comprising a main building.
Building site. "Building site" means: (i) the ground area of one (1) lot, or (ii) the ground area of two (2) or more lots when used in combination for a building or group of buildings, together with all open spaces required by this chapter.
Business or commerce. The purchase, sale or other transaction involving the handling or disposition of any, service, substance or commodity for livelihood or profit; or the management of office buildings, offices, recreational or amusement enterprises; or the maintenance and use of offices, structures and premises by professions and trade-rendering services.
Care home. An orphanage, rest home, nursing home, convalescent home, boarding home for the aged, or similar use established to render domiciliary care, but not including facilities for the care of mental patients, epileptics, alcoholics, drug addicts and not including nursery schools.
Center line of a street. The center line of a street is the line surveyed and monumented by the governing body as such, or if a center line has not been surveyed and monumented, it shall be that line midway between the outside curbs or ditches of the street.
Club or lodge, private. An incorporated or unincorporated association for civic, social, cultural, religious, fraternal, literary, political, recreational, or like activities, operated for the benefit of its members and not open to the general public.
Curb cut. The providing of ingress and/or egress between property and an abutting public street.
Dwelling. A building designed or used for permanent living quarters for one (1) or more families.
Dwelling, multi-family. A building either designed, constructed, altered, or used for more than two (2) adjoining dwelling units, with each dwelling unit having a common wall or common floor connecting it to at least one (1) other dwelling unit in the building.
Dwelling, single family. A structure containing not more than one (1) dwelling unit designed for residential use.
Dwelling, two-family (duplex). A building designed for or occupied exclusively by two (2) families living independently of each other, with separate housing facilities for each family unit separated from each other by an unpierced fire wall extending from ground to roof.
Dwelling unit. A structure or a portion of a structure designed, arranged and used for living quarters for one (1) or more persons living as a single housekeeping unit with cooking facilities, but not including units in hotels, motels, boarding houses or like uses.
Family. One (1) or more persons occupying a dwelling unit and living as a single housekeeping unit.
Farm. Any plot or tract of land consisting of at least three (3) acres and devoted to agricultural purposes.
Floor area, gross. The total number of square feet of floor area in a building determined by horizontal measurements between the exterior faces of walls, excluding basement areas, porches, carports, and garages.
Home occupation. An occupation or activity and the retail sale of the products of such activity, if any, only when such occupation or activity takes place in the same building used as a private residence and is conducted by residents only. Such activity shall be confined to twenty-five (25) percent of the floor area of the residence. See Section 8-4-51.
Hospital. Any institution receiving inpatients, or a public institution receiving outpatients, and authorized under Georgia law to render medical, surgical, and/or obstetrical care. The term "hospital" shall include a sanitarium for the treatment and care of senile psychotics or drug addicts, but shall not include office facilities for the private practice of medicine or dentistry.
Hospital, small animal. "Small animal hospital" means an establishment in which veterinary services, clipping, bathing, boarding and other services are rendered to dogs, cats, and other small animals and domestic pets.
Industrialized building. Any structure or component thereof which is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation on a building site and has been manufactured in such a manner that all parts or processes cannot be inspected at the installation site without disassembly, damage to, or destruction thereof. Industrialized buildings are constructed and regulated in accordance with the "Industrialized Building Act", Georgia Law 1982 pp. 1637—1643 (O.C.G.A. Title 8, Chapter 2, Article 2, Part 1).
Junk yard. Any land or building, used for the abandonment, storage, keeping, collecting, or baling of paper, rags, scrap metals, other scrap or discarded materials, or for the abandonment, demolition, dismantling, storage, or salvaging of automobiles or other vehicles not in running condition, machinery, or parts thereof.
Kennel. A place where four (4) or more adult dogs or cats are kept, whether by owners of the dogs and cats or by persons providing facilities and care, whether or not for compensation. An adult dog or cat is an animal of either sex, altered or unaltered, that has reached the age of four (4) months.
Lot. Land occupied, or to be occupied, by a building, group of buildings or uses, and accessory buildings, together with such yards and lot area as required by this chapter.
Lot, corner. A lot having frontage on two (2) or more public streets at their intersection.
Lot depth. The average horizontal length between the front and rear lot lines.
Lot of record. A lot which is part of a subdivision recorded in the office of the Clerk of Superior Court, or a parcel described by metes and bounds, the description of which has been so recorded.
Lot, through. A lot other than a corner lot, having frontage on more than one (1) street.
Lot width. The distance between the side lot lines, measured along the front yard setback line as established by this chapter, or if no setback line is established, the horizontal distance between the side lot lines measured along the street right-of-way line.
Manufactured home. A structure defined by and constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended, 42 U.S.C. 5401, et seq. The definition at the date of adoption of this part is as follows:
Manufactured home means a structure, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary and complies with the standards established under this title.
It is specifically provided that this statute shall not apply to modular homes if said modular homes are not located on a permanent frame or chassis. If a modular home is not located on a permanent frame or chassis, it shall be treated the same as a site built home governed by applicable codes and ordinances for the City as they apply to site built homes.
Multiple-wide homes shall only be required to have diagonal ties and anchors. No over-the-roof or vertical ties shall be required.
Manufactured home community. A contiguous parcel of land under single owner-ship which has been planned and improved for the placement of five (5) or more manufactured or mobile homes for residential occupancy. This definition shall not include manufactured home or mobile home sales lots on which unoccupied homes are located for purposes of inspection and sale.
Map (zoning map). The "Zoning Map of Sandersville, Georgia" incorporated into this chapter as part thereof by reference thereto.
Mobile home. A structure, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on site, is three hundred twenty (320) or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein and manufactured prior to June 15, 1976.
Modular home. A factory-fabricated transportable building consisting or units designed to be incorporated at a building site on a permanent foundation into a permanent structure to be used for residential purposes and which bears a seal of compliance with regulations or either the Southern Building Code Congress International or the Georgia Industrialized Building Act.
Nonconforming use. Any lawful use existing at the time of enactment of this chapter that does not conform with the use for this district as specified in this chapter.
Nursery school. An agency, organization or individual providing daytime care of four (4) or more children not related by blood or marriage or not the legal wards or foster children of the attendant adult.
Nursing home. Any facility, authorized by Georgia law, in which aged, chronically ill, or incurable persons are housed and furnished with meals and nursing care.
Principal use. The principal purpose for which a lot or the main building thereon is designed, arranged, or intended, and for which it is or may be used, occupied, or maintained.
Professional office building. A building constructed for or remodeled for use as office space for professions including, but not limited to, medical, dental, legal, forestry, surveying, financial, architectural, engineering, real estate, or insurance.
Public street. Right-of-way dedicated to the City or owned by the City for public street purposes.
Setback. The shortest distance between the centerline of a street and the principal building or structure on a lot.
Shopping center. Two (2) or more commercial establishments planned and managed as a single unit with off-street parking and loading facilities provided on the property.
Sign. Any surface, fabric, or device bearing lettered, pictorial, or sculptured matter designed to convey information visually and exposed to public view; or any structure including billboard or poster panel designed to carry the above visual information.
Special exception. A special exception is a use which within certain districts specified by this chapter is not permitted as a matter of right but may be permitted within these districts by the Mayor and Council after said Council has (i) reviewed the proposed site plans for the use, its location within the community, its arrangement and design, its relationship to neighboring property and other conditions peculiar to the particular proposal which would determine its desirability or undesirability; (ii) has found the proposal not to be contrary to the intent of this chapter; and (iii) has approved the use as specified.
Street. Relates to, and includes streets and avenues, boulevards, roads, highways, expressways, and other ways.
(1)
Major street. A street having a one-hundred-foot right-of-way and/or designated as a Georgia state highway or a county road.
(2)
Minor street. A street deeded to the City having less than a one-hundred-foot right-of-way.
Structure. Anything constructed or erected with a fixed location on or in the ground, or attached to something having a fixed location on the ground. Structures include, but are not limited to the following: site built buildings, industrialized buildings, modular homes, manufactured homes, mobile homes, billboards, swimming pools, advertising signs, satellite dishes, fallout shelters, fences, walls, concrete paving and/or asphalt driveways, including resurfacing.
Structural alterations. Any change in the supporting members of a building such as foundations, bearing walls, columns, beams, floor or roof joists, girders or rafters, or changes in roof or exterior lines.
Tourist home. A dwelling in which sleeping accommodations are provided or offered to transient visitors for compensation.
Trailer park, travel. Any portion or parcel of land designed to accommodate one (1) or more travel trailers or recreation vehicles to be used for living or sleeping purposes, including any land, building, structure, or facility used by the occupants of such units on such property.
Trailer, camping-recreation vehicle. A vehicular portable structure designed as a temporary dwelling for travel, recreation, and vacation uses, which is identified on the unit by the manufacturer as a camper, travel trailer, recreation vehicle, or motor home, and is not more than eight (8) feet in body width.
Use. The purpose for which land or buildings is arranged, designed or intended, or for which either is or may be occupied or maintained.
Variance. A variance is a relaxation of the terms of the zoning ordinance, not a change in a zoning district, where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship. A variance can only be approved by the Mayor and Council, except as expressly provided herein.
Yard. An open space on the same lot with a principal building, unoccupied except as permitted by this chapter.
(1)
Yard, front. That area of a lot lying between the abutting street right-of-way and the principal building of the lot and extending across the front of a lot from side lot line to side lot line.
(2)
Yard, rear. That area of a lot extending across the rear of a lot from side lot line to side lot line and lying between the rear lot line and the principal building on the lot.
(3)
Yard, side. That area of a lot between the side lot line and the principal building on the lot extending from the front yard to the rear yard.
(Ord. No. 2019-01, 4/15/19; Ord. No. 2021-04, § 1(C), 4/5/21)
In interpreting and applying this chapter, the requirements contained herein are declared to be the minimum requirements necessary to carry out the purpose of the chapter. Except as hereinafter provided, this chapter shall not be deemed to interfere with, abrogate, annul, or otherwise affect in any manner whatsoever any easements, covenants, or other agreements between parties. Whenever the provisions of this chapter impose greater restrictions upon the use of land or buildings, or upon the height of buildings, or require a larger percentage of lot to be left unoccupied than the provisions of other resolutions, rules, regulations, permits, or any easements, covenants, or other agreements between parties, the provisions of this chapter shall govern.
(Ord. No. 2019-01, 4/15/19)
No building, structure, or land shall be used or occupied; and no building, structure, or part thereof shall be erected, constructed, reconstructed, moved, enlarged, or structurally altered unless in conformity with this chapter.
(Ord. No. 2019-01, 4/15/19)
No building or structure may be erected or use established unless upon a lot as defined by this chapter except as provided in Sections 8-4-22(2) and 8-4-101.
(Ord. No. 2019-01, 4/15/19)
(a)
Except as herein provided (see Section 8-4-52), there shall be no more than one (1) principal building, structure, or use upon any lot other than lots with C-1, C-2, I-1, or I-2 districts.
(b)
No mobile, modular, manufactured or industrialized home may be added to an existing home or principal building.
(Ord. No. 2019-01, 4/15/19)
No open space shall be encroached upon or reduced in any manner except in conformity to the yard, setback, off-street parking spaces, and such other regulations required by this chapter for the district in which such building is located. Shrubbery, driveways, retaining walls, fences, curbs, and planted buffer strips shall be construed not to be encroachments of yards. (See Section 8-4-28.)
(Ord. No. 2019-01, 4/15/19)
No part of any yard, other open space, or off-street parking or loading space required about or in connection with any building, structure, or use by this chapter shall be considered to be part of a required yard, or other open space, or off-street parking or loading space for any other building, structure, or use except as provided in Section 8-4-66.
(Ord. No. 2019-01, 4/15/19)
Except as provided in Section 8-4-24, no lot existing at the time of passage of this chapter shall be reduced, divided, or changed so as to produce a tract of land which does not comply with the minimum dimension or area requirements of this chapter for the district in which it is located unless said reduction or division is necessary to provide land that is needed and accepted for public use.
(Ord. No. 2019-01, 4/15/19)
No building, structure, service area, or required off-street parking and loading facilities, except driveways, shall be permitted to encroach on public rights-of-way.
(Ord. No. 2019-01, 4/15/19)
(a)
Accessory buildings may be erected in any required yard except a front yard, provided that in no instance shall such a building be placed nearer to a side or rear property line than ten (10) feet. Certain accessory buildings identified in Section 8-4-44, "Table of Permitted Uses," by an asterisk (*), shall be required to be completely enclosed by a four-foot high, or higher masonry, wood, or chain link fence. (See Section 8-4-19.)
(b)
In case of double frontage lots, accessory buildings shall observe front yard requirements on both street frontages wherever there are any principal buildings fronting on said streets in the same block or adjacent blocks.
(Ord. No. 2019-01, 4/15/19)
Accessory buildings or uses on nonresidential lots shall comply with front, side, and rear yard requirements established for the zoning district in which such accessory buildings or uses are located.
(Ord. No. 2019-01, 4/15/19)
One (1) recreation vehicle, travel trailer or camper as defined in Section 8-4-5 may be stored on a residential lot provided it is locked and unoccupied.
(Ord. No. 2019-01, 4/15/19)
No building shall be erected on a lot which does not abut for at least twenty-five (25) feet on a public street, except in a C-1 zone where the minimum size lot is twenty (20) feet and which is not accessible via a public drive of not less than twenty (20) feet width, exclusive of parking. Buildings in I-2 districts are exempt from these requirements.
(Ord. No. 2019-01, 4/15/19)
In the case of a corner lot, side yard setback requirements from the property line shall be equal to seventy-five (75) percent of that required for the front yard setback for the district. On a corner lot where the main entrance into a residence is facing a side yard, it shall be permissible for purposes of this chapter to construe the residence to be fronting on the street other than that street which said entrance faces, and side and rear yard requirements may be provided accordingly. If a building is constructed on a through lot having frontage on two (2) roads not at an intersection, a setback from each road shall be provided equal to the front yard requirement for the district in which the lot is located.
(Ord. No. 2019-01, 4/15/19)
Wherever screening is required by this chapter, a durable masonry wall, or fence and hedge of sufficient capacity to provide a visual blind designed to be compatible with the character of adjoining properties, shall be provided. Such fences and walls shall be at least five (5) feet in height measured from the ground along the common lot line of the adjoining properties. Hedges or comparable natural plantings shall be of such variety that an average height of at least five (5) feet could be expected by normal growth within no later than three (3) years from the time of planting.
(Ord. No. 2019-01, 4/15/19)
Within any nonresidential district, side yards and rear yards shall not be required adjacent to railroad rights-of-way.
(Ord. No. 2019-01, 4/15/19)
Any lot of record existing at the time of the adoption of this chapter, which has an area or a width which is less than required by this chapter, shall be subject to the following exceptions and modifications:
(1)
Adjoining lots. When two (2) or more adjoining lots with continuous frontage are in one (1) ownership at any time after the adoption of this chapter and such lots individually are less than the minimum square footage and/or have less than the minimum width required in the district in which they are located, then such group of lots shall be considered as a single lot, provided, however, that when such combination of lots would create a single lot having a width and area one and three-quarters (1¾) times or more than that width and area required by this chapter, then such lot may be divided into two (2) lots of equal width and equal area and said lots used as conforming lots.
(2)
Lot not meeting minimum lot size requirements. In any district in which single-family dwellings are permitted, any lot of record existing at the time of the adoption of this chapter which has an area or a width which is less than that required by this chapter may be used as a building site for a single-family dwelling or other use permitted in that zone; provided, however, that the same yard, setback, open-space, and other dimensional requirements are met that would be required for a standard lot.
(Ord. No. 2019-01, 4/15/19)
In all zones, except C-1; no fence, wall, shrubbery, sign, marquee or other obstructions to vision between the heights of two and one-half (2½) and ten (10) feet shall be permitted within thirty (30) feet of the intersection of the right-of-way lines of two (2) streets or railroad lines, of a street intersection with a railroad line, driveway curb cut or along the sides of property lines approaching a street. Exception shall be made for utility poles, lighting standards, traffic and street signs and trees, the branches of which are kept trimmed to a height of eight (8) feet above the street level. Nonconforming buildings shall be excepted from this provision.
(Ord. No. 2019-01, 4/15/19)
When a building or structure is proposed on a lot and when on either or both lots which adjoin such lot at the street right-of-way line there exists a principal building which does not conform to the setback requirements of this chapter, the required setback for such building or structure shall be as follows:
(1)
Where only one (1) said adjoining lot contains a principal building with a nonconforming setback, the setback shall be the computed average of: (i) the normal setback requirement with (ii) the nonconforming setback;
(2)
Where both adjoining lots contain a principal building each with a nonconforming setback, the minimum setback shall be the computed average of the two (2) nonconforming setbacks; or
(3)
Reconstruction or modification of existing nonconforming structures shall be authorized utilizing the original setback.
(Ord. No. 2019-01, 4/15/19)
In the event that a district boundary line on the zoning map divides a lot of record held in one (1) ownership on the date of passage of this chapter, each part of the lot so divided shall be used in conformity with the regulations established by this chapter, for the district in which each such parcel is located; except, however, that if the property owner of such a lot, other than a through lot, so desires, he may extend a use allowed on the greater portion of said lot thirty-five (35) feet beyond the district boundary line in accordance with setbacks and yard requirements of the district into which he is encroaching.
(Ord. No. 2019-01, 4/15/19)
In a C-1 or C-2 district where a lot abuts any residential district, a five-foot-wide buffer shall be provided with screening as specified in Section 8-4-20. Off-street parking associated with such uses shall be governed by this same provision.
(Ord. No. 2019-01, 4/15/19)
The height limits of this chapter shall not apply to a church spire, belfry, cupola, dome, or ornamental tower not intended for human occupancy, monument, water tower, observation tower, transmission tower, chimney, smoke stack, conveyer, flag pole, radio or television tower, mast or aerial, parapet wall not extending more than four (4) feet above the roof line of the building, and necessary mechanical appurtenances including silos, storage tanks, and process structures necessary for normal operations of industries in I-2 districts.
(Ord. No. 2019-01, 4/15/19)
Architectural features such as cornices, eaves, steps, gutters, and fire escapes may project not more than four (4) feet beyond any required setback line, except where such projections would obstruct driveways which are or may be used for access for service and/or emergency vehicles.
(Ord. No. 2019-01, 4/15/19)
When a lot of record has a width less than the frontage required in the district in which it is located and said lot cannot be increased in width as provided in Section 8-4-22, then the zoning administrator shall be authorized to grant a variance to reduce the side yard requirements for such a lot provided, however, that there shall be not less than an eight-foot side yard.
(Ord. No. 2019-01, 4/15/19)
If either a use or class of use is not specifically indicated as being permitted in a district either as a matter of right, or as a special exception, then such use, class of use, or structures for such uses, shall be prohibited in such district.
(Ord. No. 2019-01, 4/15/19)
(a)
Commercial. A commercial swimming pool shall not be located closer than twenty (20) feet of a property line.
(b)
Residential. Same as accessory structure. Swimming pools must be completely enclosed by a four-foot high wall or fence. See Section 8-4-14.
(Ord. No. 2019-01, 4/15/19)
Areas annexed to the City shall be placed in the A-1 zoning district and shall remain A-1 until such time as a zoning change is executed in accordance with the provisions of this chapter for zoning amendments.
(Ord. No. 2019-01, 4/15/19)
Heavy industry plants in I-2 districts shall have the right to engage in any activity necessary to maintain and expand that industry and shall have the right to engage in any activity to comply with any mandated state or federal legislation or agency. These rights shall exist for I-2, heavy industrial plants, even though specific rights may not be expressly indicated. The rights for activities and fixtures to maintain business and plant maintenance and/or to comply with state and federal regulations shall not be interpreted so as to grant these rights to activities or fixtures that are not necessary for maintenance of heavy industrial plants and shall not permit other businesses to locate in I-2 districts, solely because they engage in similar activities as an independent supplier to said heavy industries. These rights shall exist for contractors that are engaged in such activities for heavy industries on said industries' property.
(Ord. No. 2019-01, 4/15/19)