Within the district established by these regulations or amendments that may later be adopted, there exists lots, structures, uses of land and structures, and characteristics of use which were lawful before these regulations were passed or amended, but which would be prohibited, regulated, or restricted under the terms of these regulations or future amendments. It is the intent of these regulations to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of these regulations that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

61.1. Incompatibility of nonconforming uses. Nonconforming uses are declared by these regulations to be incompatible with permitted uses in the districts in which such use is located. A nonconforming use of structure, a nonconforming use of land, or a nonconforming use of a structure and land in combination shall not be extended or enlarged after passage of these regulations either by the attachment on a building or premises, of additional signs intended to be seen from off the premises; or by the addition of other uses of the property which would be generally prohibited in the district in which such use is located; or additions to any existing structure.

61.2. Avoidance of undue hardship. To avoid undue hardship, nothing in these regulations shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of these regulations and upon which actual building construction has begun.

61.3. Single nonconforming lots of record. A single lot of record which does not meet the requirements for area or width, or both that are applicable in the district existing at the effective date of adoption or amendments of these regulations may be used or sold for the erection of those buildings and accessory buildings necessary to carry out the permitted uses in that district provided:

61.3.1. Yard dimensions and lot coverage requirements other than those applying to area or width or both, of the lot shall conform to the regulations for the district in which such lot is located;

61.3.2. Variance for yard dimensions and lot coverage requirements shall be obtained only through action of the planning and zoning commission as provided for in section 114;

61.3.3. Location requirements of accessory buildings and uses are met as provided for in section 93.1;

61.3.4. Parking space requirements for all districts as provided for in section 62.2;

61.3.5. Such lot must not have continuous frontage with other lots in the same ownership;

61.3.6. In residential districts, buildings shall be limited to single-family detached dwellings.

61.4. Nonconforming lots of record in combination. If two (2) or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of these regulations and if all or part of the lots do not meet the requirements established for lot width and area, the land involved shall be considered to be an undivided parcel for the purpose of these regulations and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by these regulations nor shall any division of any parcel be made which creates a lot with a width or area below the requirements stated in these regulations.

61.5. Nonconforming uses of land. Where, at the time of adoption of these regulations, lawful uses of land exist which would not be permitted by the requirements imposed by these regulations the uses may be continued so long as they remain otherwise lawful, provided:

61.5.1. No such nonconforming uses shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of these regulations;

61.5.2. No such nonconforming uses shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such uses at the effective date of adoption or amendment of these regulations;

61.5.3. If any such nonconforming uses of land are discontinued for a period of more than one (1) year, any subsequent use of such land shall conform to the requirements specified by these regulations for the district in which such land is located; and

61.5.4. No additional structures not conforming to the requirements of these regulations shall be erected in connection with such nonconforming use of land.

61.6. Nonconforming structures. Where a lawful structure exists at the effective date of adoption or amendment of these regulations that could not be built under the terms of these regulations by reason of restriction on area, lot coverage, height, yards, its location on the lot, bulk, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

61.6.1. No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity; further, that any such enlargement or alteration shall not in itself be nonconforming;

61.6.2. Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to the extent of more than fifty (50) percent of its current replacement value, it shall not be reconstructed except in conformity with the provisions of these regulations;

61.6.3. Should such structure be voluntarily moved for any reason for any distance whatever, it shall thereafter conform to the requirements for the district in which located after it is moved.

61.7. Nonconforming uses of structures or structures and premises in combination. If a lawful use involving individual structures, or of a structure and premises in combination, exists at the effective date of adoption or amendment of the regulations that would not be allowed in the district under the terms of these regulations, the lawful use may be continued so long as it remains otherwise lawful; subject to the following provisions:

61.7.1. No existing structure devoted to a use not permitted by these regulations in the district in which it is located shall be enlarged, extended, constructed, reconstructed, voluntarily moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located;

61.7.2. Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed;

61.7.3. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of these regulations, but no such use shall be extended to occupy any land outside such building;

61.7.4. When a nonconforming use of a structure, or structure and premises in combination is discontinued or abandoned for more than one (1) year, the structure or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located;

61.7.5. Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure to the extent of more than fifty (50) percent of its current replacement value, shall not eliminate the nonconforming status of the land.

61.8. Repairs and maintenance. On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done on ordinary repairs including remodeling, or repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, provided that the cubic content existing when it became nonconforming shall not be increased. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

(Ord. No. 32-14, 11-3-14)

Off-street automobile storage or parking space shall be provided on every lot on which any permitted use is established in accordance with these regulations.

62.1. General requirements. For the purpose of these regulations, the following general requirements are specified:

62.1.1. The term "off-street parking space" shall mean a space with minimum dimensions shown below:

62.1.1.1 Conventional car space width of nine (9) feet and a minimum length of eighteen (18) feet, excluding area for egress and ingress and maneuverability of vehicles.

62.1.1.2 Compact car space width of eight (8) feet and a minimum length of fifteen (15) feet, excluding area for egress and ingress and maneuverability of vehicles.

62.1.2. Parking spaces for all uses shall be located on the same lot with the main buildings to be served, except as provided below:

62.1.2.1. If an off-street parking space cannot be reasonably provided on the same lot on which the principal use is conducted, the planning and zoning commission may permit (as a special exception) such space to be provided on other off-street property, provided such space lies within four hundred (400) feet of an entrance to the principal building and provided that such space is located within a zoning district which permits the 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.

62.1.2.2. The required number of parking spaces for any number of separate uses may be combined in one (1) lot, but the required space assigned to one (1) use may not be assigned to another use at the same time, except that up to one-half (½) 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 nights or on Sundays. Other shared use may be approved as provided for in section 62.1.3.

62.1.3 Shared parking shall be allowed in accordance with the guidelines and model agreements shown in appendix B.

62.1.4. An area reserved for off-street parking in accordance with the requirements of these regulations 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 planning and zoning commission.

62.1.5. Off-street parking existing at the effective date of these regulations 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.

62.1.6. All parking design shall be consistent with the Warner Robins Stormwater Local Design Manual and the most current version of the Institute of Traffic Engineers Parking Generation manual.

62.1.7. If the parking lot has fifty (50) or more required spaces, thirty (30) percent of those spaces shall be compact car dimensions.

62.1.8. Pervious pavement should be used in parking lots greater than fifty spaces (50) for overflow parking and shall not exceed twenty (20) percent of the total number of spaces required.

62.2. Parking space requirements for all districts except C-3 Concentrated Commercial Districts. Off-street automobile storage or parking space shall be provided with vehicular access to a street or alley, and shall be equal to the minimum requirements for the specified land use set forth.

62.3. Parking space requirements for C-3 Concentrated Commercial District. All provisions set forth in Sections 61.1 and 61.2 shall apply to the C-3 Concentrated Commercial District except as follows:

62.3.1. Any commercial building existing on the effective date of these regulations may be reconstructed, remodeled, or enlarged without increasing the existing off-street parking spaces provided such reconstruction, remodeling, or enlargement does not exceed more than ten (10) percent of the original gross commercial floor area. Additional off-street parking must be provided for only that portion of the additional gross commercial floor area in excess of ten (10) percent in accordance with the provision set forth in these regulations.

62.3.2. Off-street automobile storage or parking space shall be provided with vehicular access to a street or alley, and shall be equal in area to at least the minimum requirements for the following specific land uses when such uses exceed three thousand (3,000) square feet of gross floor area:

62.4. Site requirements. All off-street parking, except that for one- and two-family dwellings, shall be laid out, constructed, and maintained in accordance with the following requirements:

62.4.1. All such parking areas shall be hard surfaced with concrete or plant bituminous material. Overflow parking may be constructed with approved pervious materials and design. The remainder of the lot not occupied by structures shall be so mulched, seeded, sodded, or otherwise protected so that erosion and washing are prevented.

62.4.2. Lighting facilities shall be so arranged that light is reflected away from adjacent properties.

62.4.3. The parking lot shall be adequately drained.

62.4.4. A buffer consisting of a dense planting of trees and/or shrubs shall be established on a strip of land not less than fifteen (15) feet in width or a fence of solid appearance with a minimum height of six (6) feet eight (8) inches from the pavement on a strip of land not less than five (5) feet along those lot lines of the parking areas which abut residential districts. If a planted buffer is used, it shall be established to a minimum height of six (6) feet within two (2) years of planting.

62.4.5. A raised curb of at least six (6) inches shall be erected along all parking and parking lot areas except for driveway openings, and those lot lines abutting residential districts where the requirements in section 62.4.4 shall prevail. Where dry swales, infiltration strips, bioretention or other approved stormwater BMP's are proposed, curbing may be omitted as needed.

62.4.6. No off-street parking space or driveway shall be designed or constructed so as to require the backing of vehicles into the right-of-way of a public street.

62.4.7. For parking areas with twenty-one (21) or more parking spaces, at least five (5) percent of the parking lot area shall be permanently landscaped, excluding buffers as required in section 62.4.4.

(Ord. No. 32-14, 11-3-14; Ord. No. 03-17, § 1, 2-6-17)

Off-street loading and unloading spaces shall be provided as hereinafter required by these regulations.

63.1. Size of off-street loading spaces. Each off-street loading space shall have minimum dimensions of fourteen (14) feet in height, twelve (12) feet in width, and fifty-five (55) feet in length. However, upon sufficient demonstration that a particular loading space will be used exclusively by smaller trucks, the planning and zoning commission may reduce the minimum size.

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

63.3. Floor area over ten thousand 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 or merchandise, and having a floor area of more than ten thousand (10,000) square feet, at least one (1) off-street loading space for each ten thousand (10,000) square feet of floor space or fraction thereof. Such space shall be so located as not to hinder the free movement of pedestrians and vehicles over sidewalk, street or alley.

63.4. Floor area less than ten thousand square feet. There shall be provided for each commercial or industrial building requiring the receipt or distribution of material or merchandise and having a floor area of less than ten thousand (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.

63.5. Bus and trucking terminals. There shall be provided sufficient space to accommodate the maximum number of buses or trucks to be stored or to be loaded at the terminal at any one (1) time.

63.6. 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.

63.7. Permanent reservation. Area reserved for off-street loading in accordance with the requirements of these regulations 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 planning and zoning commission.

(Ord. No. 32-14, 11-3-14)

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

64.1. Curb cuts. No curb cut shall exceed fifty (50) feet in length, nor shall curb cuts be closer than twenty (20) feet to an intersection of two (2) streets measured along the curb line beginning at the end of the curb radius. All curb cuts shall be in compliance with the specifications detailed in Appendix A of these regulations.

64.2. Vision clearance. In all use districts, except C-3, Concentrated Commercial, no fence, wall, shrubbery, sign, marquee, or other obstruction to vision between the heights of two and one-half (2½) and ten (10) feet from the ground level shall be permitted within twenty-five (25) feet of the intersection of the right-of-way lines of two (2) streets or railroad lines, or of a street intersection with a railroad line.

(Ord. No. 32-14, 11-3-14)

All streets and roads in the City of Warner Robins are hereby divided into the following classes as shown on the major thoroughfare plan adopted by the appropriate city council.

65.1. Expressways. A street designed for fast, continuous movement of all types of traffic, with control over access to abutting property and the spacing of street intersections.

65.2. Arterial. A street designed for rapid, continuous movement of all types of traffic but with less control over the access points from streets and adjacent property than expressways.

65.3. Collector street. A street designated to carry traffic with relatively little interruption and at moderate speeds between local service streets and arterials, including the principal entrance streets of a residential development and streets for circulation within such a development.

65.4. Marginal access street. A street generally parallel and adjacent to expressways, arterials, or connector streets, for the purpose of providing access to abutting properties and of separating high-speed from local traffic.

65.5. Local service street. A street intended to provide direct access to abutting property.

65.6. Cul-de-sac. A service street having one (1) end open to traffic, with the other end permanently terminated by a turnaround.

(Ord. No. 32-14, 11-3-14)

Commercial vehicles and trailers used for commercial purposes 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:

66.1. No more than one (1) commercial vehicle per dwelling shall be permitted; and in no case shall commercial tractor trailers nor vehicles carrying explosives, gasoline (other than in the fuel tank used for propelling the vehicle), or liquefied petroleum products be permitted. The planning and zoning commission may grant a special exception to the terms of this provision based upon the following:

66.1.1. The commercial vehicles are not parked within a public street right-of-way.

66.1.2. The location of any commercial vehicles allowed creates no adverse safety hazards, traffic obstruction, or an impediment to access and egress of other properties.

66.2. 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 these regulations.

(Ord. No. 32-14, 11-3-14; Ord. No. 05-18, Exh. A(a), 1-16-18)

67.1. In any commercial or industrial district, any operation not conducted within a building, such as drive-in businesses, 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 (6) feet in height on a buffer strip of not less than ten (10) feet in width where necessary to conceal such areas or facilities from a residential district adjoining or facing across a street in the rear or on the side.

67.2. In any district where reference is made requiring adequate screening or buffering of a specified operation, such screen or buffer shall be a wall or fence of uniform material, solid in appearance or tight evergreen hedge not less than six (6) feet in height on a strip of land of not less than ten (10) feet in width.

67.3. 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 right-of-way.

(Ord. No. 32-14, 11-3-14)

The following minimum distances between buildings shall be required unless otherwise specified within these regulations.

68.1. The minimum distance between main multi-family buildings located on the same lot or parcel shall be:

68.1.1. Front to front arrangement .....40 feet

68.1.2. Front to rear arrangement .....50 feet

68.1.3. Rear to rear arrangement .....30 feet

68.1.4. Side to side arrangement .....20 feet

68.1.5. All other combinations .....20 feet

(Ord. No. 32-14, 11-3-14)

69.1. Except as provided below, all property proposed to be annexed into the city shall be annexed with the same zoning classification assigned by Houston County.

69.2. Any property owner desiring annexation into the city contingent upon a zoning classification other than that assigned by the county shall submit an annexation petition conditioning such annexation on obtaining the stipulated zoning change. Thereafter, the procedure shall be the same as provided in section 114 of these regulations. Before final action, the mayor and council shall consider the land use plan in effect at the time of the petition. If the mayor and council do not approve the stipulated zoning change or special exception, then the owner may withdraw the petition to annex.

(Ord. No. 32-14, 11-3-14)

(1)

Finding. The mayor and council find that the open, uncovered storage of tires or the covered storage of tires from which water has not been drained, each provide breeding grounds for mosquitoes and other insects and provide watering sources for rodents and similar animals resulting in a nuisance to neighboring individuals and detriment to neighboring properties and consequent health and other hazards. This body further finds that it is necessary that the storage of such tires be regulated and that storage be prohibited unless in accordance with the terms of this ordinance.

(2)

Definition. For the purposes of this chapter, the word "tire" is defined as a hollow ring, made of rubber or other material, which is designed for placement on the wheel or rim of a motor vehicle to facilitate its operation.

(3)

Outside or uncovered storage of tires when prohibited. It shall be unlawful for any person, firm, corporation, organization or association of any kind in charge or control of any property within the area of the City of Warner Robins, whether as owner, tenant, occupant, lessee, agent or otherwise, to store or permit the storage of tires in the open or in an uncovered condition.

(4)

Covered storage of tires prohibited; exception. It shall be unlawful for any person, firm, corporation, organization or association of any kind in charge or control of any property within the area of the City of Warner Robins, whether as owner, tenant, occupant, lessee, or agent or otherwise, to store or permit the storage of tires in a covered area unless the same is protected from the elements and prior to storage, all water has been drained therefrom.

(5)

New storage. Any person, firm or corporation desiring to store more than twenty-five (25) used tires on property in the City of Warner Robins shall, before undertaking such storage, make application to the code enforcement office for a permit to affect such storage and which shall meet the following requirements:

(a)

All tires must be stored dry to prevent mosquito breeding.

(b)

The applicant shall demonstrate to the code enforcement officers how the intended storage will thereafter prevent the accumulation of water in the stored tires.

(c)

The application must be accompanied by payment of a fee of one hundred dollars ($100.00).

(d)

Upon receipt of the application and payment of the fee, the code enforcement office will cause the site to be inspected and will examine the proposed method of storage.

(6)

When permit issued. If the code enforcement officers determine that the tires to be stored are free of accumulations of water and the method of storage will be such as to thereafter prevent accumulations of water in the tires, the office shall issue a permit which shall be valid for the site of storage so long as the method of storage remains effective to prevent the accumulation of water and newly added stock is stored dry. If the storage methods and site fail to meet the foregoing standards, the office may, after notice and hearing, revoke the permit.

(7)

Application to existing storage site of tires. The owners or occupants of existing storage sites of tires shall, immediately upon the passage of this ordinance, make application as provided in subsection (6) above, and shall comply with the standards therein set forth; provided, however, that the owners or occupants of existing sites shall be allowed a period of thirty (30) days in which to bring existing storage into compliance with the provisions of this ordinance.

(8)

Code enforcement to carry out terms of chapter. The code enforcement office is hereby designated as the agency to receive and approve or disapprove applications under the provisions of this chapter and to enforce its terms. Each code enforcement officer is hereby appointed as agent for the City of Warner Robins for the service of citations for violations hereof.

(9)

When storage unlawful. It shall be unlawful for any person, or corporation to begin to store or continue the storage of used or discarded tires or to permit the storage of used or discarded tires unless the owner or occupant is the holder of a currently valid permit issued by code enforcement.

(10)

Zoning ordinance unaffected. Nothing herein contained shall be deemed to authorize any outside storage when it is prohibited by the zoning ordinance of the city.

(Ord. No. 32-14, 11-3-14)