It is the intent of this ordinance to recognize that the elimination of existing buildings and structures or uses that are not in conformity with the provisions of this ordinance is as much a subject of health, safety and general welfare as is the prevention of the establishment of new uses that would violate the provisions of this ordinance. It is also the intent of this ordinance to administer the elimination of nonconforming uses, buildings, and structures so as to avoid any unreasonable invasion of established private property rights.

Therefore, any structure or use of land existing at the time of the enactment of this ordinance, and amendments thereto, but not in conformity with its use regulations and provisions may be continued subject to the following provisions.

6.1.1 Unsafe structures. Any structure or portion thereof declared unsafe by an appropriate governing authority may be restored to a safe condition, provided the requirements in this section are met.

6.1.2 Alterations. Any change in a nonconforming building, use, or building site or yard area is subject to the following:

6.1.2.1 No nonconforming building can be structurally altered, except repairs on or installation of plumbing fixtures required by law; the changing of interior partitions; and interior remodeling.

6.1.2.2 No nonconforming building or lands, except those residential dwellings needing repairs on or installation of plumbing fixtures as required by law, can be substantially added to, moved, or extended in any manner unless such building or land is changed so as to conform with the provisions of this ordinance.

6.1.2.3 Whenever an existing residential dwelling must make repairs on or installation of plumbing fixtures which will force the location of the future addition of the dwelling nearer the lot line than the requirements set forth in this ordinance, the addition to the dwelling shall be allowed to extend to the existing building line but no nearer the property line than any existing portion of the dwelling.

6.1.2.4 Should a nonconforming building be moved, all nonconforming yard areas shall be eliminated.

6.1.3 Extension. A nonconforming use of land shall be restricted to the lot occupied by such use as of the effective date of this ordinance. A nonconforming use of a building or buildings shall not be extended to include either additional building or land after the effective date of this ordinance.

6.1.4 Restoration of damaged buildings. A nonconforming building, structure, or improvement which is hereafter damaged or destroyed to an extent exceeding 50 percent of the reasonable estimated replacement cost of the structure, building or improvement may not be reconstructed or restored to the same nonconforming use except upon approval of the building inspector.

6.1.5 Discontinuance. A nonconforming use which became such after the adoption of this ordinance and which has been discontinued for a continuous period of two years shall not be re-established and any future use shall be in conformity with the provisions of this ordinance.

Within the City of Union Point, off-street automobile storage or parking space shall be provided on every lot on which any permitted or conditional use is established in accordance with this ordinance.

6.2.1 General requirements. For the purpose of this ordinance the following general requirements are specified.

6.2.1.1 The term "off-street parking space" shall mean a space at least nine feet wide and 18 feet in length with a minimum net area of 162 square feet, excluding area for egress and ingress and maneuverability of vehicles.

6.2.1.2 If an off-street parking space cannot be reasonably provided on the same lot on which the principal use is conducted, the building inspector may permit such space to be provided on other off-street property provided such space lies within 600 feet of the property line of such principal use. Such vehicle parking space shall be associated with the permitted use and shall not thereafter be reduced or encroached upon in any manner.

6.2.1.3 The required number of parking spaces for any number of separate uses may be combined in one lot, but the required space assigned to one use may not be assigned to another use at the same time, except that portion of the parking space required for an existing church whose peak attendance will be at night or on Sundays may be assigned to a use which will be closed at night or on Sundays.

6.2.1.4 Area reserved for off-street parking in accordance with the requirements of this ordinance shall not be reduced in area or changed to any other use unless the permitted use which it serves is discontinued or modified, except where equivalent parking space is provided to the satisfaction of the building inspector.

6.2.1.5 Off-street parking existing at the effective date of this ordinance in connection with the operation of an existing building or use shall not be reduced to an amount less than hereinafter required for a similar new building or use.

6.2.2 Parking space requirements for all districts. Off-street automobile storage or parking space shall be provided with vehicular access to a street or alley, and shall be equal to at least the minimum requirements for the specific land use set forth.

6.2.3 Site requirements. All off-street parking shall be laid out, constructed, and maintained in accordance with the following requirements (except in residential areas).

6.2.3.1 All such parking areas shall be hard surfaces with concrete or plant bituminous material and shall be maintained in dustproof condition. A good stand of grass shall be maintained on the remainder of the lot.

6.2.3.2 Lighting facilities shall be so arranged that light is reflected away from adjacent properties and streets.

6.2.3.3 The parking lot shall be adequately drained.

6.2.3.4 Along those lot lines of parking area which abut residential districts, a dense planting of trees and shrubs shall be established on a strip of land not less than eight feet in width adjacent to the districts and provided that such planting be not less than six feet in height and a substantial bumper rail of wood, metal or concrete shall be installed on the inside of the planting strip.

6.2.3.5 A raised curb of at least six inches shall be erected along all of the property lines, except for driveway openings, and those lot lines abutting residential districts where the requirements in section 6.2.3.4 shall prevail.

6.2.3.6 No sign, whether permanent or temporary, shall be placed within the public right-of-way. Signs and planting strips shall be arranged so that they do not obstruct visibility for drivers or pedestrians.

Cross reference— Streets, sidewalks and other public places, ch. 62.

Off-street loading and unloading spaces shall be provided as hereinafter required by this ordinance.

6.3.1 Size of off-street loading spaces. Each off-street loading space shall have minimum dimensions of 14 feet in height, 12 feet in width, and 55 feet in length. However, upon sufficient demonstration that a particular loading space will be used exclusively by shorter trucks, the building inspector may reduce the minimum length accordingly to as little as 35 feet.

6.3.2. Connection to street or alley. Each required off-street loading space shall have direct access to a street or alley or have a driveway which offers sufficient space for satisfactory ingress and egress for trucks.

6.3.3 Floor area over 10,000 square feet. There shall be provided for each hospital, institution, hotel, commercial or industrial building or similar use requiring the receipt or distribution of materials for merchandise, and having a floor area of more than 10,000 square feet of floor space or fraction thereof, sufficient space for off-street loading and unloading. Such space shall be located so as not to hinder the free movement of pedestrians and vehicles over a sidewalk, street or alley.

6.3.4 Floor area less than 10,000 square feet. There shall be provided for each commercial or industrial building requiring the receipt or distribution of materials for merchandise and having a floor area of less than 10,000 square feet, sufficient off-street loading space (not necessarily a full space if shared by an adjacent establishment) so located as not to hinder the free movement of pedestrians and vehicles over a sidewalk, street or alley.

6.3.5 Bus and trucking terminals. There shall be provided sufficient space to accommodate the maximum number of busses or trucks to be stored or to be loaded at the terminal at any one time.

6.3.6 Location of off-street loading spaces. All required off-street loading spaces shall be located on the same lot as the building which they are intended to serve, or on an adjacent lot when shared with the use occupying said adjacent lot.

6.3.7 Permanent reservation. Area reserved for off-street loading in accordance with the requirement of this ordinance shall not be reduced in area or changed to any other use unless the permitted use which is served is discontinued or modified, except where equivalent loading space is provided and approved by the building inspector.

the requirements for controlling curb cuts and maintaining vision clearance shall be as follows:

6.4.1 Curb cuts. No curb cuts shall exceed 30 feet in length, nor shall curb cuts be closer than twenty feet to other curb cuts or closer than twenty feet to an intersection of two streets measured along the curb line.

6.4.2 Vision clearance. In all use districts, no fence, wall, shrubbery, sign, marquee or other obstruction to vision between the heights of two and one-half and ten feet from the ground level shall be permitted within 20 feet of the intersection of the right-of-way lines of two streets or railroad lines, or of a street intersection with a railroad line.

All streets in Union Point, Georgia, are hereby divided into six classes.

6.5.1 Arterial streets and highways are those which are used primarily for fast or heavy through traffic.

6.5.2 Collector streets are those which carry traffic from minor streets to the major system of freeways, expressways, and arterial streets and highways.

6.5.3 Minor or local residential streets, including cul-de-sacs are those which are used primarily for access to the abutting properties.

6.5.4 Minor or local commercial and industrial streets are those which are primarily for access to the abutting commercial and industrial properties.

6.5.5 Alleys are those which are used primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.

6.5.6 Marginal access streets or frontage roads are minor streets which are parallel and adjacent to freeways, expressways, or arterial streets and highways; and which provide access to abutting properties and protection from through traffic.

Cross reference— Streets, sidewalks and other public places, ch. 62.

Commercial vehicles and trailers of all types, including travel, boat, camping and hauling, shall not be parked or stored on any lot occupied by a dwelling or any lot in any residential district except in accordance with the following requirements:

6.6.1 No more than one commercial vehicle per dwelling unit shall be permitted and in no case shall a commercial vehicle be used for hauling explosives, gasoline or liquefied petroleum products be permitted.

6.6.2 Travel trailers, hauling trailers, or boat trailers shall be permitted if parked or stored behind the front yard building line.

6.6.3 A travel trailer shall not be occupied either temporarily or permanently while it is parked or stored in any area except in a travel trailer park authorized under this ordinance.

6.7.1 In any commercial (C-1, C-2) or industrial (M-1) district, any operation not conducted within a building, such as outdoor recreation, outdoor storage of materials, and outdoor servicing activities, shall be enclosed by a wall or fence of solid appearance or tight evergreen hedge not less than six feet in height. There shall be a buffer area at least 30 feet wide, unless otherwise specified, that adequately interrupts vision and diffuses the transmission of sound. All buffer area requirements are in addition to the area, yard, and height requirements for that district (article VIII). A landscaping plan identifying all plants to be incorporated in the buffer area must be approved by the mayor and council prior to any site construction.

6.7.2 In any district not subject to the requirements of section 6.7.1 but requiring screening of a specified operation, such screening shall be a wall or fence of solid appearance or tight evergreen hedge not less than six feet in height. There shall be a buffer area at least 30 feet wide, unless otherwise specified, that adequately interrupts vision and diffuses the transmission of sound. All buffer area requirements are in addition to the area, yard, and height requirements for that district (article VIII). A landscaping plan identifying all plants to be incorporated in the buffer area must be approved by the mayor and council prior to any site construction.

6.7.3 A vegetation buffer strip of 50 feet in width shall be planted adjacent to the lot line when the following conditions exist or are created:

(a)

A structure exists or is concentrated on a lot of which the side and/or rear lot line is a district boundary.

(b)

The district on the opposite side of the boundary is R-1, R-1A, R-2, R-3.

The buffer strip required under section 6.7.3 shall be in addition to any other required buffer strip. The buffer strip shall be planted in the setback area and shall consist of evergreen trees and/or shrubs which will normally obtain a height of eight feet within five years. Maintenance of the buffer strip shall be the responsibility of the property owner. Dead trees or shrubs used in the buffer zone shall be replaced by the property owner no later than the next spring or fall planting season but no later than 12 months from notification by the building inspector.

6.7.4 If the buffer area is naturally wooded, then it shall be left in its natural state. If not, the buffer area, in addition to the required wall, fence, or tight evergreen hedge, should be planted with trees to further diffuse the sound and light transmission and visual impact of the building. The addition of the required wall, fence, or tight evergreen hedge shall be constructed or planted in such a manner as to preserve the natural topography of the land and the natural growth. If the natural growth is too dense for preferred growth, the natural growth may be thinned. Under all circumstances, diseased, dangerous or decayed growth shall be removed.

6.7.5 Outdoor lighting of all types shall be directed so as to reflect away from all residential dwellings, and shall be so situated as not to reflect directly into any public rights-of-way.

6.7.6 Any grading, improvements or construction adjacent thereto shall be conducted far enough from the buffer area so as not to disturb or encroach upon the buffer area.