(a)

Double buffer. When a required buffer area would abut and be contiguous to an established buffer area which meets all requirements of this section, then this additional required buffer area need not be established.

(b)

Height requirements. The height limitations as stated in this section shall not apply to the following:

(1)

Agricultural. Barns, silos, or other farm structures when located on farms;

(2)

Radio or television towers;

(3)

Bulkheads, parapet walls, belfries, cupolas and domes, monuments, chimneys, flagpoles, masts and aerials, elevated penthouses, scenery lofts and similar structures, provided that these structures shall not cover more than 25 percent of the total roof area of the building on which the structures are located;

(4)

Soundstages associated with movie/media production studios in a Planned Industrial Park (PIP), provided that:

a.

The front setback shall be increased two feet for every one foot of building height over 35 feet, or a raised landscape berm shall be constructed one foot high for every one foot of building height over 35 feet, or any combination thereof. If the side and/or rear yards abut a residential or A-R zoning district, the setbacks shall be increased five feet for every one foot of building height over 35 feet; and

b.

The required minimum acreage shall be increased based on building height per the table below:

and;

(5)

Accessory industrial uses. Structures accessory to a primary industrial use located in the M-1, M-2 and BTP zoning classifications including, but not limited to, silos, water towers, windmills, chimneys, smokestacks, masts, aerials, elevators, and conveyors, provided that such structures shall not exceed 150 feet and shall be subject to the following setbacks:

a.

From the nearest residential or agricultural property line existing at the time the building permit application for the accessory structure is submitted to the Town, the structure shall be setback at least 15 feet for every foot of height over 35 feet; and

b.

From the nearest right of way line of SR-74, using the line existing at the time the building permit application is submitted, the structure shall be setback at least 15 feet for every foot of height over 35 feet.

(c)

Multiple-frontage lots. Lots which adjoin a public street on more than one side shall provide the minimum required front yard on each street.

(d)

Projections into yards.

(1)

Every part of a required yard shall be open to the sky and unobstructed except for the ordinary projections of sills, belt courses, cornices, eaves, chimneys, buttresses and other ornamental and architectural features of the principal building, provided that these features do not project more than three feet into any required yard or as provided elsewhere in this section.

(2)

An open, unenclosed porch or hard-surfaced terrace, steps, stoops and similar fixtures of a building may project into a required front yard or rear yard for a distance not to exceed ten feet, and into a side yard to a point not closer than five feet from any side lot line.

(3)

Notwithstanding other provisions of this section, fences, walls, hedges, driveways and buffer areas may be permitted in any required yard or along the edge of any yard, provided that no fence, wall or hedge along the street-side corner lots shall violate the corner visibility and that no fence in a required front yard in a residential district shall exceed four feet in height.

(e)

Guest houses. Only one guest house is allowed per individual lot. Any living area included in an accessory structure is a guest house. A guest house shall not be used as tenant space. A guest house shall not exceed 700 square feet of heated and finished living space.

(Ord. No. 2017-06, § 2, 7-6-2017; Ord. No. 2025-01, § 1, 2-6-2025)

In all residential and the AR zoning districts, no more than one principal structure or use shall be located on a lot or tract, except as otherwise provided herein. In all non-residential zoning districts, no more than one principal use shall be located on a lot or tract, except as otherwise provided herein.

The temporary use of an office trailer shall require a permit to be issued by the zoning administrator prior to locating the trailer on a site. Said permit shall require a fee as established by the town council and shall specify the precise location of the trailer. Said permit shall be issued for a six-month period. Three renewals of additional six-month periods are available so long as the applicant possesses a current building permit for property within the development. Additional renewals must be approved by the planning commission. The trailer shall be identified by a sign denoting the name of the business for which it is being used.

No dwelling unit or other permanent structure shall be moved within or into the town, unless when relocated, it meets all requirements herein and is inspected and approved before and after the move by the building official.

Any lot upon which both an individual well and septic tank or private sewage system are to be provided shall be governed by the Georgia Department of Human Resources Rules and Regulations for Individual Sewage Disposal Systems and by the rules and regulations of the Fayette County Health Department as amended and the Fayette County Water System, if applicable. Any lot upon which both an individual well and septic tank system are located shall not be less than one and one-half acres in size.

Any lot platted after the effective date of the ordinance from which this section derives shall have a buildable area of not less than one continuous acre excluding all flood plains, wetlands, bodies of water in excess of 5,000 square feet, required buffers, easements, street rights-of-way and/or other encumbrances. The site location of any on-site septic system shall be approved by the Fayette County Board of Health in accordance with applicable board of health regulations

(December 3, 1998; amended by July 1, 2004).

(a)

Walls, fences and entrance structures located in a front yard in the A-R and any residential zoning district, and entrance walls and fences for residential and non-residential subdivisions shall comply with the following:

(1)

No wall or fence shall be constructed in a public right-of-way, and such wall or fence shall not be constructed any closer than three feet from any fire hydrant;

(2)

Any driveway shall have a minimum clearance of 14 feet in width and 14 feet in height to allow for the passage of emergency vehicles; and

(3)

A zoning compliance certificate will be required for all walls and fences to be located in a front yard prior to construction. A scaled drawing shall be submitted to the zoning administrator which shall include, but not be limited to: wall and/or fence elevations; location and height of wall/fence, posts/ columns and ornamental statues, figurines, and light fixtures; visibility; spacing over the entire linear footage of the wall/fence; changes in grade; building materials; and any other requirements of the section.

(b)

Walls and fences not exceeding four feet in height shall comply with the following:

(1)

A wall and/or fence shall be constructed of brick, brick veneer, stucco, synthetic stucco, rock, stone, cast-stone, wood, wrought iron, or other architecturally engineered facades which match these materials; and

(2)

Posts or columns, light fixtures, ornamental statues, and figurines shall not be included in the measurement of the four-foot height.

(c)

Walls and fences exceeding four feet in height shall comply with the following:

(1)

A wall and/or fence shall be constructed of brick, brick veneer, stucco, synthetic stucco, rock, stone, cast-stone, wood, wrought iron, green or black vinyl-coated chain link, or other architecturally engineered facades which match these materials; and

(2)

A solid wall and/or fence shall not exceed eight feet in height. Columns and posts shall not be included in this calculation. Chain link fences, other than green or black vinyl-coated chain link fences, are not permitted to be over four feet in height; and

(3)

No solid wall and/or fence exceeding four feet in height shall be located in the front yard. Any solid wall and/or fence permitted to exceed four feet in height pursuant to this subsection shall be located in the side or rear yard; and

(4)

A vehicular entry structure shall not be subject to the four-foot wall and/or fence requirement within 35 feet of either side of the driveway.

(d)

Walls and fences that cannot meet height requirements due to changes in grade shall make adjustments to each section (as created by the columns or posts) of the wall or fence to meet the requirements to the greatest degree possible. In some cases, this will result in a stair-step pattern as the wall or fence moves along the grade.

(e)

Exemptions. The following shall be exempt from the above requirements:

(1)

In any residential zoning district where horses are kept in accordance with this Ordinance, a wall or fence made of chain link or other wire material is exempt from the four-foot maximum height requirement and shall not exceed a maximum of five feet in height in a front yard;

(2)

Where the use of the property is for farming in an AR zoning district, including the raising and selling of crops and/or livestock, a wall or fence is exempt from the four-foot maximum height requirements, and exempt from the construction requirements of brick, brick veneer, stucco, synthetic stucco, rock, stone, cast-stone, wood, wrought iron, green or black vinyl-coated chain link, or other architecturally engineered facades which match these materials;

(3)

Walls and fences in any residential or AR zoning district:

a.

On a corner lot, in order to reduce road noise, a solid wall and/or fence along a street which is classified as an arterial or collector per the town's thoroughfare plan shall be exempt from the four-foot maximum height requirement. However, this exemption shall not apply to the street which the front door of the residence is facing;

b.

A temporary fence used in conjunction with a construction site;

c.

A wall or fence used in conjunction with a stormwater facility;

d.

A wall or fence used in conjunction with any non-residential permitted use or conditional use, including but not limited to an animal hospital, kennel, cemetery and mausoleum, church, temple or place of worship, colleges and universities, day care facilities, private schools, telephone, electric or gas sub-stations or other public utility facilities; and

e.

With regard to the location of a wall or fence, a through lot shall be exempt from the four-foot maximum height requirement except for the area between the street from which the lot is accessed and the front door is facing.

(f)

Residential and nonresidential subdivision entrance walls and fences. All walls and fences which were lawfully built and existing on the date of adoption of the ordinance from which this section derives and which do not conform with the provisions of this article, shall be allowed to remain in place and shall be considered to be a legally existing non-conforming wall or fence. All walls and fences built after the date of adoption of the ordinance from which this section derives shall comply with this article.

(Ord. No. 2016-02, § 1, 5-17-2016)

Buffer areas required by this section shall be established and maintained by the property owner under the following provisions:

(1)

Be maintained as a planted area or when required, additional plantings as provided in this section;

(2)

Be landscaped with trees, shrubs, flowers, grass, stone, rocks and other landscaping materials;

(3)

Not be used for parking or a structure other than a fence or drainage improvements required by the town; and

(4)

Except as otherwise provided herein, the natural topography of the land shall be preserved and appropriately landscaped.

Camping trailers, recreational vehicles, travel trailers, camper pick-up coaches, motorized homes, boat trailers and boats shall not be parked on any residentially-zoned or AR lot that has not been improved with a dwelling nor any non-residential lot that has been not been improved with a principal building except in conjunction with the construction of a dwelling or principal building for which a building permit has been issued. Application for a permit for the parking of such recreational vehicles shall be made to the zoning administrator. Such permit shall be issued for a period not to exceed six months and shall not be renewable when associated with the construction of a dwelling. This provision shall not be interpreted as precluding the parking of such recreational vehicles for a period not to exceed 14 days. When parked in conjunction with a dwelling or principal building, the recreation vehicle must meet all applicable setbacks, shall not be parked in the front yard, nor on the street adjacent to the lot, and shall be parked on an improved surface.

All service areas for non-residential uses shall be established so as not to infringe upon any yard requirement and shall be visually screened from adjacent residential properties.

Accessibility for fire-fighting equipment shall be maintained throughout all stages of construction in all non-residential districts.

Exterior storage (but not including the parking of vehicles for sale or lease) shall not be permitted in the front yard of any non-residential zoning district and shall be permitted in only the industrial (M-1, M-2) zoning districts and the educational-institutional (E-I) zoning district. Exterior storage located in the educational-institutional (E-I) zoning district shall be screened or fenced or located in a receptacle not to exceed 65 square feet.

(Revised October 3, 2013)

No open space shall be encroached upon or reduced in any manner except in conformity with the yard, setback, off-street parking spaces, and such other regulations required for the zoning district in which such building is located. Shrubbery, driveways, retaining walls, fences, curbs, and planted buffer strips shall not be construed to be encroachments. Open space areas shall be permanently maintained as open space and appropriately landscaped. These areas may not be used for vehicular access, parking or similar uses except as otherwise provided herein.

When this section requires the establishment of minimum building setback lines, frontages and related development standards, these measurements for property not abutting a public street shall be made from or along a private street.

(a)

Visual screening. A buffer area with a minimum width by zoning district, as provided below, and a six-foot fence or wall which provides visual screening shall be established and maintained by the owner of a lot in the MHP zoning district when said lot adjoins a residential zoning district. Such buffer shall be 50 feet wide. The requirement for a fence or wall may be waived by the town upon presentation of field survey data by the property owner or developer which shows that construction of the fence or wall would destroy existing vegetation which, in itself, provides visual screening between the development of the MHP lot and the residential zoning district, or when the development abuts undeveloped property.

(b)

Lot coverage. The maximum lot coverage with buildings and pavement shall be 25 percent (January 5, 1998).

(a)

The maximum height of structures shall be 35 feet.

(b)

Twenty-five percent of the lot area shall be appropriately maintained as open space. However, not less than five percent of the area maintained as open space shall be located between the building and the public streets. No parking or other similar uses shall be permitted therein. On lots with multiple street frontages, five percent of the lot area shall be appropriately maintained as open space on each street frontage (January 5, 1998).