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Union Springs City Zoning Code

ARTICLE 4

- GENERAL PROVISIONS

Section 4.1 - Generally

The general provisions contained in this article shall affect all land, every building, and every use of land and/or building in all districts except as specifically provided for in Articles 8: Supplementary Regulations and Article 13: Non Conformances and shall apply as stated herein.

(Res. No. 2013-14, 12-2-2013)

Section 4.2 - Uses

In each use district no use other than the types specified as "permitted", permitted by "special exception," or permitted upon "conditional review" shall be allowed. Uses specified as "permitted" shall be permitted as of right. Uses specified as permitted by "special exception" may be authorized by the zoning board of adjustment subject to such conditions as said board may require. Uses specified as permitted upon "conditional review" may be authorized following review and approval by the planning commission, subject to any conditions the planning commission may require.

4.2.1 Use of land

No land shall be used except for a use permitted in the district in which it is located, except growing of agricultural crops in the open will be permitted in any district.

4.2.2 Use of structures

No structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building or structure be used, except for a use permitted in the district in which such building is located.

(Res. No. 2013-14, 12-2-2013)

Section 4.3 - Height and density

No structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered to exceed the height and density regulations herein established for the district in which such structure is located except as may be otherwise provided in these regulations.

(Res. No. 2013-14, 12-2-2013)

Section 4.4 - Dimensional regulations

No structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered except in conformity with the dimensional regulations of the district in which such structure is located. The area and dimensional requirements of the zoning districts contained herein shall apply to all developments.

(Res. No. 2013-14, 12-2-2013)

Section 4.5 - Lot size

No lot, even though it may consist of one or more adjacent lots of record in single ownership, shall be reduced in size so that the lot width or depth, front, side or rear yards, lot area per dwelling unit or other requirements of this zoning ordinance are not maintained. This prohibition shall not be construed to prevent the purchase or condemnation of narrow strips of land for public utilities or street right-of-way purposes.

(Res. No. 2013-14, 12-2-2013)

Section 4.6 - Yard requirements and reduction of open spaces

The minimum yards, parking spaces, and open space, required by this zoning ordinance for each structure existing at the time of passage of this zoning ordinance, or for any structure hereafter erected or structurally altered, shall not be encroached upon or considered as part of the yard or parking space or open space required for any other structure, nor shall any lot area be reduced below the lot area per family requirements of this zoning ordinance for the district in which such lot is located.

4.6.1. Side Yards

Every part of a required yard shall be open to the sky, unobstructed, except for accessory buildings in a rear yard, and except for the ordinary projection of a cornice, eave, belt cornice, sill, canopy, or other similar architectural feature projecting not to exceed 36 inches into said yard.

4.6.2. Landscape Features

Landscape features such as trees, flowers, or plants shall be permitted in any required front, side, or rear yard provided they do not violate the provisions of Section 4.6.5.

4.6.3. Double Frontage Lots

If a building is constructed on a lot that is not located at an intersection (corner lot) but does have frontage on two streets (through lot), a setback from each road shall be provided equal to the front yard requirements for the district in which the lot is located.

4.6.4. Corner Lots

On a corner lot, when the frontage of one street exceeds the frontage of the other, the one with the least frontage shall be deemed the front of the lot. The side yard setback for a corner lot shall be 25 feet in all zoning districts except where otherwise noted herein.

4.6.5. Obstructions to intersections

In all zoning districts, no fence, structure, sign, planting, or other obstruction (above a height of three feet shall be maintained within 15 feet of the intersection of the right-of-way lines extended of two streets, or of a street intersection with a railroad right-of-way.

4.6.7. Build-To Setback

In certain districts, a site development plan may include a provision for a build-to setback which may designate a specific location for structures or landscaping as part of the plan approved by the planning commission. In such case, the build-to line will serve in lieu of any minimum yard requirements.

(Res. No. 2013-14, 12-2-2013)

Section 4.7 - Building To Be On Lots

Every building hereafter erected, converted, enlarged, reconstructed, moved or structurally altered shall be located on a lot, as herein defined, and in no case shall there be more than one principal building and its customary accessory buildings on the lot, except in the case of a specially designed complex of institutional, residential, commercial or industrial buildings.

(Res. No. 2013-14, 12-2-2013)

Section 4.8 - Accessory buildings

a.

No accessory structure shall be constructed or moved upon a lot until the construction of the main building has actually been commenced.

b.

No accessory building shall be used for dwelling purposes other than by domestic servants entirely employed on the premises.

c.

In Residential Districts, accessory uses and structures with a roof impervious to weather shall not be located in any front yards.

d.

Accessory structures, if not attached to a principal structure, must allow at least eight feet of access around said accessory structure.

(Res. No. 2013-14, 12-2-2013)

Section 4.9 - Building to have access

Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking. No dwelling shall be erected on a lot or portion of a lot which does not abut on at least one public street or approved private street for at least 35 feet.

(Res. No. 2013-14, 12-2-2013)

Section 4.10 - Use of residentially zoned property for access

No land which is residentially zoned shall be used for driveway, walkway, or access purposes to land any which is non-residentially zoned, or used for any purpose not permitted in a residential district except for ingress/egress to an existing use which does not abut on a street.

(Res. No. 2013-14, 12-2-2013)

Section 4.11 - Off-street parking and loading

No building shall be erected, converted, enlarged, reconstructed or moved except in conformity with the off-street parking and loading regulations of this zoning ordinance.

(Res. No. 2013-14, 12-2-2013)

Section 4.12 - Parking or storage of major recreational vehicles

Major recreational vehicles including houseboats, travel trailers, pick-up campers, motorized dwellings, tent trailers, and other like vehicles shall not be stored or parked on any required front yard of any lot in a residential district. No such equipment shall be used for living, sleeping, or housekeeping purposes for more than 21 days when parked or stored on a residential lot, or in any location not approved for such use.

(Res. No. 2013-14, 12-2-2013)

Section 4.13 - Parking and storage of certain vehicles

a.

Automotive vehicles without current license plates shall not be parked or stored on any residentially zoned property other than in completely enclosed buildings.

b.

Commercial vehicles exceeding 10,000 pounds. G.V.M. and construction vehicles shall not be parked or stored in recorded residential subdivisions.

(Res. No. 2013-14, 12-2-2013)

Section 4.14 - Building material storage

Building materials or temporary structures for construction purposes shall not be placed or stored on any lot or parcel of land located in an Agricultural, Residential, or Commercial District more than one month prior to the commencement of construction.

(Res. No. 2013-14, 12-2-2013)

Section 4.15 - Moving of buildings or structures

No building or structures shall be moved from one lot to another lot, or moved to another location on the same lot, unless such building or structure shall thereafter conform to all of the applicable provisions of this zoning ordinance.

(Res. No. 2013-14, 12-2-2013)

Section 4.16 - Septic permit required

No residential or commercial building or any type residence including manufactured homes shall hereafter be erected or placed on a lot without prior application for an approved septic tank and nitrification field. No occupancy of such buildings or manufactured homes is permitted until the approved septic tank and nitrification field have been completely installed. This shall not apply where public sewerage is used at the property, provided the public sewer is properly connected.

(Res. No. 2013-14, 12-2-2013)

Section 4.17 - Essential services

Essential services are permissible by Special Exception in any zoning district. Essential services are hereby defined to include and be limited to water, sewer, gas, telephone, and electrical systems, including substations, lift stations, and services; provided, however, that this subsection shall not be deemed to permit the location in a district of such establishments as electric or gas generating plants, sewage treatment plants, or water pumping or water aeration facilities from which they would otherwise be barred. Where permanent structures are involved in providing such services, such structure shall conform insofar as possible to the character of the district in which the property is located, as to architecture and landscaping characteristics of adjoining properties.

(Res. No. 2013-14, 12-2-2013)

Section 4.18 - Lot width at street line

All lots shall have access to a public or private street. Minimum lot width at the street line shall be as defined in Article 5, Section 5.4: Area and Dimensions.

(Res. No. 2013-14, 12-2-2013)

Section 4.19 - Manufactured homes and trailers

a.

Manufactured homes or trailers may be used for sales offices for outside sales or merchandise such as manufactured homes, camping trailers, or automobiles.

b.

The use of manufactured homes or trailers for other business or industrial uses may be allowed temporarily by special permit issued by the planning commission. Said permit to be for a period not exceeding one year.

c.

All manufactured homes shall be parked in authorized manufactured home parks or manufactured home subdivision, except as provided for in the AG-1: Agriculture-Farms district and with conditional approval by the Union Springs planning commission in the RSF-1: Low Density Residential, RSF-2: Medium Density Residential, and RSF-3: Multifamily Residential districts.

(Res. No. 2013-14, 12-2-2013)

Section 4.20 - Home repair and remodeling

All home remodeling, repair, and modification shall be permitted provided that the minimum yard requirements are met for the district involved.

(Res. No. 2013-14, 12-2-2013)

Section 4.21 - Necessary repairs permitted.

Nothing in this Zoning ordinance shall prevent the strengthening or restoration to a safe lawful condition of any part of any building or structure declared to be unsafe or unlawful.

(Res. No. 2013-14, 12-2-2013)

Section 4.22 - Keeping of animals

a.

No horse, mule, donkey, pony, cow, goat, sheep, swine, fowl or other farm animal or livestock shall be kept in any residential district except as specifically provided in Article 5, Section 3.

b.

No animal listed in Subsection (a) shall be kept within 100 feet of any dwelling other than that occupied by the owner of the animal, or within 100 feet of any hotel, motel, restaurant, retail food store, school, church or hospital.

c.

No animal listed in Subsection (a) which is permitted in a residential district may be kept unless a special permit therefore is issued by the Building Official after an inspection of the premises and a finding that no nuisance will be created and that all zoning ordinance regulations have been complied with. A permit shall be for a term of one year, and no renewal shall be issued without reinspection.

(Res. No. 2013-14, 12-2-2013)