Nothing herein contained shall be construed to render inoperative any enforceable restrictions established by covenants running with the land, and which restrictions are not prohibited by or not contrary to the regulations herein established.

A lot which is of record on the city plan or of record title upon a plan or separately described in a deed or recorded in the office for the recording of deeds of Toombs County and which is in single and separate ownership at the time of the enactment of this ordinance and where such owner does not own adjoining land or lots and where it is not financially feasible to acquire adjoining land or lots from other owners, such lot may be used for a use permitted in the district in which it is located upon a finding by the board of appeals that the lot size is reasonably close to the minimum and maximum regulations required under this article and that owners of lots within three hundred (300) feet thereof, after twenty (20) days notice and hearing, do not object or will not be adversely affected thereby.

No lot shall be so reduced that the area of the lot or the dimensions of the required open spaces shall be less than herein prescribed by this ordinance.

Where an unimproved lot of record is situated on the same street frontage with two (2) improved lots or one (1) unimproved and one (1) improved lot, the front yard requirement for that district may be modified so that the front yard shall be an average of the existing and as required front yard.

Notwithstanding any part of this ordinance or any permit granted or any variance granted by the board of appeals, no type of structure, vehicle, tree, plant, vegetation, sign or fence, or any type of obstacle or any portion thereof shall be placed or retained in such a manner which would create a traffic hazard or would obstruct the vision clearance of corners, curb cuts, or railroad crossings in any zone.

No rubbish, salvage materials, junk, or miscellaneous refuse shall be openly stored or kept in the open and no weeds shall be allowed to go uncut within any zones when the same may be construed to be a menace to public health and safety by the appropriate health department, or to have a depressing influence upon property values in the area.

Accessory uses authorized in this ordinance shall include, but not by way of limitation, the following:

(1)

Uses accessory to agriculture: Greenhouses, roadside stand for sale of products produced on the premises for use and the disposal thereof by marketing or otherwise.

(2)

Uses accessory to dwellings:

a.

Private garage, private parking space, private stables, barn, shelter for pets.

b.

Private greenhouses.

c.

Living quarters for household employees, caretakers or watchmen.

d.

Professional office or studio of a doctor, dentist, healer, teacher, artist, architect, landscape architect, musician, lawyer, engineer, magistrate or practitioner of a similar character, or rooms for the home occupations listed below, provided that office, studio or rooms are located in a dwelling in which the practitioner resides, or in a building accessory thereto, and provided further that no goods are publicly displayed on the premises. The following home occupations shall be allowed:

1.

Custom dressmaking, millinery, tailoring, sewing of fabric for custom apparel and custom home furnishing.

2.

Foster family care.

3.

Any office in which chattels or goods, wares or merchandise are not commercially created, exchanged or sold.

4.

Tutoring.

5.

Fine arts studio in which are created only individual works of art.

e.

Bed and breakfast. This activity shall be subject to the following specific requirements:

i.

The applicant/owner for such activity reside where the bed and breakfast will be operated;

ii.

All major construction or alterations must be approved by the planning and zoning commission to insure compatibility with the neighborhood and any alterations to the existing structure must remain essentially the same character as the existing structure;

iii.

There shall be no more than five (5) bedrooms for rent per home;

iv.

There must be off street parking with a minimum of one (1) space for each bedroom available for rent;

v.

Each licensed bed and breakfast shall have only one (1) sign no larger than four (4) square feet and must be located on the same lot as the business. The sign design and location must be approved in advance by the planning and zoning commission to insure compatibility with the neighborhood;

vi.

All bed and breakfast businesses operated within the city shall be subject to the city hotel/motel tax;

vii.

All bed and breakfast businesses operated within the city must obtain the necessary food service permits from the county health department.

(3)

Uses accessory to noncommercial recreational use: Customary recreational, refreshment and service uses and buildings in any noncommercial recreational area.

Uses authorized in this ordinance as accessory to a dwelling shall not be deemed to include a business, hospital clinic, animal hospital, barber shop, beauty parlor, other personal service shop, tea room, hotel or similar use.

(Ord. of 10-9-95)

The provisions of this ordinance shall not be so constructed as to limit or interfere with the installation, operation and maintenance of public utility structures or facilities in existence at the time of passage of this ordinance, or which may hereafter be located within public easements or rights-of-way designated for such purposes.

No building and no part of a building shall be erected within or shall project into any required yard in any district, except that:

(1)

An unenclosed porch, not more than fourteen (14) feet in height, may be erected to extend into a required front or rear yard a distance of not more than ten (10) feet, provided that in no case shall it extend into such front or rear yard more than one-half (½) the required depth of the yard.

(2)

A terrace, platform or landing place, not covered by a roof, canopy or trellis, which does not extend above the level of the first floor of the building, may be erected to extend into a required yard a distance of not more than twelve (12) feet provided that it shall not extend into such yard more than forty (40) percent of the required depth or width of the yard.

(3)

A porte-cochere, carport, may be erected over a driveway in a required side yard, provided that such structure is:

a.

Not more than fourteen (14) feet in height and twenty (20) feet in length.

b.

Entirely open on at least three (3) sides, exclusive of the necessary supporting columns and customary architectural features.

c.

At least three (3) feet from the side lot line.

(4)

A buttress, chimney, cornice, pier or pilaster of a building may project not more than eighteen (18) inches into a required yard.

(5)

Open, unenclosed fire escapes, steps, bay windows and balconies may project not more than three (3) feet into a required yard.

[Repealed by Ord. of 3-11-91, § 4]

No building, structure, or sign may be erected, altered or used which would create a hazard to the air navigation of the Vidalia airport. All structures, buildings or signs to be erected within the instrument approach zones, noninstrument approach zones, horizontal zone and conical zone of the Vidalia airport shall conform to the use and height requirements of the federal aviation regulations (FAR), Part 77, "Objects Affecting Navigable Airspace."

In the event of changes in the city limits removing territory from the city, district boundaries shall be construed as moving with the city limits. In the event of annexation of new areas to the city, such areas shall be considered to be in the R-1 District until otherwise classified.

Whenever, in the course of administration and enforcement of this ordinance, it is necessary or desirable to make any administrative decision, then, unless other standards are in this ordinance provided, the decision shall be made so that the result will not be contrary to the spirit and purpose of this ordinance.