No building or land shall hereafter be used or occupied and no building or part thereof shall be erected, constructed, moved, or altered except in conformity with the regulation herein specified for the district in which it is or is to be located.

(Ord. of 5-2016(2), § 5.1.1)

No buildings shall hereafter be erected, constructed or altered so as to exceed the height limit, to accommodate or house a greater number of families or occupy a smaller lot area per family than are required or specified in the regulations herein for the district in which they are located. No building shall have a narrower or smaller front or side yards or courts than are herein required.

(Ord. of 5-2016(2), § 5.1.2)

No lot, even though it may consist of one or more adjacent lots of record in the same ownership at the time of passage of this division, shall be reduced in size so that lot width or depth, front, side or rear yard, inner or outer courts, lot area per family or other requirements of this division are not maintained. This section shall not apply when a portion of a lot is acquired for public uses within the city.

(Ord. of 5-2016(2), § 5.1.3)

No part of a yard or other open space of the off-street parking or loading spaces required for any building for the purpose of complying with the provisions of this division shall be included as part of a yard or off-street parking or loading space or other open space similarly required for another building. Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, cornices, buttresses, ornamental features, chimneys, flues, and eaves, provided such projections shall not extend more than two feet beyond the yard area requirements.

(Ord. of 5-2016(2), § 5.1.4)

Only one principal building and its permitted accessory buildings may hereafter be erected on any one lot.

(Ord. of 5-2016(2), § 5.1.5)

No building shall hereafter be constructed, located, erected, or otherwise situated in the city which does not meet applicable building, fire, electrical, gas, plumbing and other existing codes of the city.

(Ord. of 5-2016(2), § 5.1.6)

Temporary buildings other than provided herein shall not be allowed in any district except that temporary buildings and or roll-off dumpsters used in conjunction with construction work or pending completion of a permanent building for a period not to exceed six months in a residential district or PLC district and one year in other districts. Such buildings must be located at least 50 feet from any residence and shall be removed when the construction has been substantially completed.

(Ord. of 5-2016(2), § 5.1.7)

No dwelling unit or other permanent structure shall be moved within or into the city without first obtaining a building permit. The structure shall be inspected on its original site to determine its compliance with the building code. When relocated, it must meet all requirements of the zoning ordinance and other city code requirements.

(Ord. of 5-2016(2), § 5.1.8)

Nothing in this division shall require any change in the construction or intended use of a building which is legally under construction or for which a building permit has been issued at the effective date of the ordinance from which this division is derived and the construction of which shall be diligently pursued until its completion.

(Ord. of 5-2016(2), § 5.2)

Nothing in this division shall require any change in the development or proposed use of properties which are legally under development or for which a development plan or preliminary plat has been approved at the effective date of the ordinance from which this division is derived and the development of which shall be commenced within one year, or for which a permit has been approved, as provided in division 11 of this article.

(Ord. of 5-2016(2), § 5.2.1)

Any lot upon which both an individual well and septic tank are to be provided shall have a minimum area of not less than 51,000 square feet, or a greater lot area if required by state and county health department regulations. The site location on the lot of such facilities shall be approved by the county health department.

(Ord. of 5-2016(2), § 5.2.2)

Any lot which is to be served by an individual septic tank or ACC sewer line shall have an area of not less than 43,560 square feet (one acre) or greater. The site location on the lot of a septic tank shall be approved by the county health department.

(Ord. of 5-2016(2), § 5.2.3)

No fence or freestanding wall in a yard other than a retaining wall shall be more than eight feet in height, or be constructed in a public right-of-way or future street right-of-way. Any fence in a front yard in a residential district shall not exceed four feet in height.

(Ord. of 5-2016(2), § 5.2.4)

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

(1)

Areas shall be maintained as a planted area, using existing vegetation or, when required, additional plantings as provided below.

(2)

Areas shall be landscaped with trees, shrubs, flowers, grass, stone, rocks, and other landscaping materials.

(3)

Areas shall not be used for parking or a structure other than a fence or drainage improvements required by the city. However, a buffer area may be used for vehicular access and utility easements (only if such uses are provided approximately perpendicular to the greater distance of the buffer area) and for drainage improvements, required by the city based upon competent engineering studies which show such improvements to be necessary, upon approval of the mayor and council.

(4)

Except as provided above, the natural topography of the land shall be preserved and natural growth shall not be disturbed beyond that which is necessary to prevent a nuisance, or to thin such natural growth where too dense for normal growth, or to remove diseased, misshapen, or dangerous and decayed timbers. However, a slope easement may be cleared and graded where required to prevent soil erosion upon approval of the mayor and council. Such easement may cover no more than 20 percent of the required buffer area, and shall be immediately replanted upon completion of easement improvements.

(5)

Where the conditions described in the preceding subsection cannot be met by reason of the topography of the land or of the prior removal of or lack of timber and foliage, the owner of said buffer area may erect a permanent wall or fence of not less than six feet in height or a screen of evergreen plantings, so designed and developed to provide visual screening between the properties described herein. Such plantings shall consist of evergreen shrubs not less than six feet in height, or shrubs which will, in normal growth, attain a height of approximately six feet within three years. The following plants shall be approved for such purpose but shall not be exclusive of other plants which may be suitable, provided that they can form a hardy screen, dense enough and high enough both to interrupt vision and to diffuse the transmission of sound:

a.

Magnolia Grandiflora (southern magnolia).

b.

Pinus Strobus (white pine).

c.

Prunus Caroliniana (cherry laurel).

d.

Ilex Burfordi (Burford Hilly).

e.

Elaeagnus Pungens (Elaegnus).

(6)

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

(7)

Areas shall be designated on each plat and recorded as a permanent easement.

(Ord. of 5-2016(2), § 5.2.5)

No trailer, recreational vehicle, travel trailer, camper, pick-up coach, motorized home, boat trailer or boat shall be permitted to be parked in front of the main building unless same is parked or stored completely within an enclosed garage. This requirement may be waived by the commission if vehicular accessibility to a side or rear yard is impractical due to topographic conditions or distance between structures.

(Ord. of 5-2016(2), § 5.3)

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

(Ord. of 5-2016(2), § 5.4)

Accessibility for firefighting equipment on a hard surfaced sub-base (sub-grade plus an asphalt first layer of bound crushed stone aggregate) shall be maintained throughout all stages of construction in all nonresidential districts and planned development. Minimum widths of private access driveways within a development, excluding parking, shall be 20 feet.

(Ord. of 5-2016(2), § 5.5)

Exterior storage yards (but not including the parking of one vehicle for sale or lease) shall not be permitted in any district except the C-1 district. In the C-1 district, such storage yards shall be enclosed by a fence not less than six feet in height to provide visual screening.

(Ord. of 5-2016(2), § 5.6)

Open space areas required to be established by this division shall be permanently maintained as open space and appropriately landscaped with trees, shrubs, flowers, grass, stones, rocks or other landscaping materials. Such areas may not be used for vehicular access, parking or similar uses except as otherwise permitted herein.

(Ord. of 5-2016(2), § 5.7)

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

(Ord. of 5-2016(2), § 5.8)

When this division requires a fence to be constructed, such fence shall be completed prior to occupancy of the primary use structure.

(Ord. of 5-2016(2), § 5.9)

Site plans and other development plans required to be submitted under the provisions of this division shall be prepared only by those currently qualified for such work; no plans for structures shall be prepared by other than a currently state-registered engineer or architect.

(Ord. of 5-2016(2), § 5.10)

The following words, terms and phrases, when used in this subdivision, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Remodel means altering any portion of the exterior appearance and/or functional utility of a dwelling.

Siding means the covering of all vertical exterior surfaces of the dwelling.

(Ord. of 5-2016(2), § 5.11.1)

It is the desire of the city to promote the general welfare of the community and to protect the value of building and property, the image and character of the community, and the preservation and enhancement of property values. The design standards contained herein provide guidance on design matters that are directly related to ensuring that newly constructed and/or renovated residential structures are of appropriate architectural style and that new and/or renovated structures in the commercial and PLC districts are faced with appropriate materials that will protect and enhance the character of the existing zoning district.

(Ord. of 5-2016(2), § 5.11.2)

These design standards are applicable to new construction or exterior renovation or rehabilitation of single-family dwellings in single-family residential zoning districts R12H, R15H, R18H and R20H. Residential design standards for the city national register district are found in a separate section of this division.

(1)

Goals. The goal of this section is to:

a.

Provide standards for the orderly development of the city and the promotion of high quality residences in keeping with the characteristics of the dwellings within the city.

b.

Maintain and protect the value of property.

(2)

Facades.

a.

All new single-family dwellings shall utilize at least two of the following design features to provide visual relief along the front of the dwelling:

1.

Dormers.

2.

Gables.

3.

Recessed entries.

4.

Covered front porches.

5.

Cupolas.

6.

Pillars or posts.

7.

Bay window with at least a 25-inch projection.

b.

Walls which face a local, collector, and/or through street must contain at least 20 percent of the wall space in doors and windows.

c.

Windows shall be provided with trim. Windows shall not be flush with exterior wall treatment. Windows shall be provided with an architectural surround at the jamb.

d.

No more than ten percent of the homes within a block and facing the same local street can be of the same exterior design features.

(3)

Siding/foundations.

a.

No vinyl siding is allowed, except for the eaves of the single-family dwelling.

b.

No concrete (CMU) block used for walls can be exposed.

c.

The following sidings are approved:

1.

Stone.

2.

Brick.

3.

Stucco (real).

4.

Lap-sided wood.

5.

Cedar shakes.

6.

Hardy board.

7.

Logs.

d.

The portion of the foundation above grade must be finished in brick, stone, or stucco.

(4)

Residential heated space. All single-family dwellings shall have the heated portion built over a crawl space, basement, or private garage.

(5)

Garage. All new single-family dwellings must have an enclosed private garage with doors. The siding of the private garage must be consistent with that of the single-family dwelling.

(Ord. of 5-2016(2), § 5.11.3)

Each group of three single-family dwellings with contiguous road front boundaries totaling 450 feet or more shall contain at least one house whose front setback differs from those of its neighbors by a minimum of ten feet.

(Ord. of 5-2016(2), § 5.11.4)

At least 60 percent of the front yard must be covered with sod/turf. However, natural areas (i.e., undisturbed vegetative areas) consisting of trees, shrubs, and other plant material are encouraged and can count for the turf requirement. Undisturbed vegetative areas that contain trees that are at least three-inch-caliper DBH and at least six feet tall may count towards the minimum requirement of two trees per lot.

(Ord. of 5-2016(2), § 5.11.5)

(a)

Roofs covering the dwelling and/or private garage must have a minimum pitch ratio of four vertical units to 12 horizontal units.

(b)

Roof materials. Roof materials shall be slate, tile, metal or asphalt shingles where the roof is visible from the street.

(c)

All newly constructed private garages must be enclosed and have garage doors.

(d)

Vehicular entry into all private garages must be on the side or rear of the structure.

(e)

All driveways must be a minimum of 12 feet wide.

(Ord. of 5-2016(2), § 5.11.6)

These design standards are applicable to new construction or exterior renovation or rehabilitation of structures within the C and PLC zoning districts.

(1)

No metal siding is allowed.

(2)

No vinyl siding is allowed, except for the eaves of the structure.

(3)

No smooth-faced concrete (CMU) block can be used for exposed walls.

(4)

No exterior pre-cast concrete section walls can be exposed.

(Ord. of 5-2016(2), § 5.11.7)

(a)

Introduction. There exists in the city national register district, a special character, which makes the district unique and distinguishable from all other areas in the city. This character is established by the continuity of architectural elements found in that district. These elements may be the consistent shape and pitch of roofs, the rhythm established by the spacing of buildings on the streets, the existence of walls and fences on streets, and/or many others design elements. It is the responsibility of the city planning and zoning commission and that of owners of properties within the historic district to preserve the image and enhance the character of the structures that makes the district unique. As buildings age and rehabilitation and redevelopment occur; it is important to preserve the unique design characteristics of the city, especially within the historic district. In promoting the objectives and enforcing the provisions of this section, reference will be made to the national register historic nomination forms that detail characteristics and features of structures within the district.

(b)

Residential design standards. These design standards shall apply to any new single-family dwelling, or one which is to have the exterior remodeled or renovated that lies within the city national register district.

(1)

The single-family dwelling:

a.

Should be placed compatibly among historic examples.

b.

Should be placed so that the setback is similar to nearby historic buildings.

c.

Should be placed so that the spacing between buildings is similar to nearby historic buildings.

d.

Should be placed on corner lots, as applicable, without disturbing the side street placement patterns.

e.

Should have the same orientation as nearby historic examples.

f.

Should have a building mass and height that is within 15 percent of the average mass and height of existing residential dwellings within the block.

g.

Should have a composition compatible to that of other historic buildings.

h.

Should have a roof compatible to that of other historic buildings.

i.

Should have an above grade foundation similar in height to that of other historic buildings.

j.

Should have exterior materials that are compatible in type and texture with the dominant materials of adjacent buildings.

(2)

The single-family dwelling should be in scale with nearby historic buildings.

(3)

Facade elements should use porches, windows, and doors in a manner similar to nearby historic examples.

(4)

The materials and ornamentation of the single-family dwelling:

a.

Should be compatible to those of nearby historic buildings.

b.

Should use a degree of ornamentation compatible to that of nearby historic buildings.

(5)

Roof materials. Roof materials shall be slate, tile, metal or asphalt shingles where the roof is visible from the street.

(6)

Walls and fences should be of brick, stone or stucco, wood, wrought iron or evergreen hedge when visible from the street, and be compatible with existing dominant materials.

(7)

The national register historic nomination forms will be utilized and referenced in construing the standards under this section.

(Ord. of 5-2016(2), § 5.11.8)

Any party aggrieved because of the alleged error in any order, requirement, decision or determination made by the planning and zoning commission or any other officer or party in enforcement of this article may appeal such order, requirement, decision, determination or interpretation, in writing, to the city clerk. Such notice of appeal must be submitted to the city clerk within 30 days of the decision or the right to appeal shall be lost. The mayor and council shall then hold a public hearing on the appeal at its next regularly scheduled meeting following receipt of the appeal, provided that public notice of the hearing is given at least 15 but not more than 45 days prior to the date of the hearing in the legal organ of the city stating the time, place, and purpose of the hearing. In exercising this power, the mayor and council may, in conformity with the provisions of this article, reverse or affirm any order, requirement, decision or determination made by the planning and zoning commission, the variance hearing board or any other party. Any person aggrieved by a final decision of the mayor and council on an application or petition made pursuant to this division may seek judicial review by filing a petition for review in the superior court of Athens-Clarke County or as otherwise provided by law. The city clerk shall have authority to accept service on behalf of the City of Winterville during normal business hours at the regular office the City of Winterville.

(Ord. of 5-2016(2), § 5.11.9; Ord. No. 2024-0001, § 19, 3-12-2024)