The lawful use of any building or structure or land existing at the time of the enactment of this ordinance may be continued, even though such use does not conform with the provisions of this ordinance, except that the non-conforming structure or use shall not be changed to another non-conforming use; or reestablished after discontinuance of more than one year; or extended except in conformity with this ordinance; or rebuilt, altered, or repaired after damage exceeding fifty percent of its replacement cost at the time of destruction, except in conformity with this ordinance.

At least one off-street parking space for automobiles shall hereafter be provided on every lot for each dwelling unit, each 200 square feet of commercial floor area in the B-2 roadside Business District, and each 600 square feet of industrial or wholesale floor area in an I-1 or I-2 Industrial district. Each space shall be at least nine (9) feet in width and twenty (20) feet in length, and shall have vehicular access to a public street. On every lot in a B-2, I-1 or I-2 district in which a business, trade or industry is hereafter established at least one (1) space for truck loading and unloading shall be provided for each 10,000 square feet of floor area; such space shall be at least ten (10) feet wide and twenty-five (25) feet in length.

The lot area included in the setback and yard requirements for both Business and Industrial Districts shall be separate from the lot area required for off-street parking and loading in this ordinance.

No building shall be erected without direct access to a public street, and no lot shall be created which does not abut on a public street.

A.

No permit for the use of any lot which is smaller in total area than the minimum size permitted for the district within which it is located shall be issued unless said lot was legally and properly recorded prior to the passage of this ordinance.

B.

Yards or lots recorded after the effective date of this ordinance shall comply with the requirements established by this ordinance.

A.

Yard Setbacks in Residential Districts.

The front yard setback requirements of this ordinance shall not apply to any lot where the average setback on developed lots located wholly or in part within one hundred (100) feet on each side of such lot and within the same block and zoning district and fronting on the same street as such lot, is less than minimum setback required. In such cases, the front yard setback on such lot may be less than the required setback but not less than the average of the existing setbacks on the developed lots.

The rear yard setback requirements of the residential districts shall not apply to accessory buildings or uses; except that garages and other accessory buildings or structures shall be no closer at any point than three (3) feet to the lot line.

B.

Yard Setbacks in Business Districts.

Front yard setback requirements in the business districts shall not apply on any lot where the average setback of existing buildings located wholly or in part within seventy-five (75) feet on each side of such lot within the same block and zoning district and fronting on the same side of the street is less than the minimum required setback.

In such cases, the setback on such lot may be less than the required setback but not less than the average of setbacks of the aforementioned existing buildings.

Where applications of the setback and side yard requirements in business districts would prohibit reasonable use of an existing lot, such requirements may be modified by variance to permit a principal building to extend beyond said setback and/or side yard requirements. In no case shall an extension of more than fifty percent (50%) of said requirements be permitted.

A group project (housing, commercial, industrial, educational, medical, religious, civic) of two or more buildings to be constructed on a parcel of at least two (2) acres in area which will not be subdivided into customary lots and streets may be constructed, provided that:

(1)

Uses shall be limited to those permitted within the district in which it is located.

(2)

Density and building coverage requirements of the district are met.

(3)

The distance of every building from the nearest property line shall be adequate to meet all setback and yard requirements of the district in which it is located.

(4)

There shall be a continuous planted buffer strip or solid brick, concrete block or stone wall or a uniformly painted board fence where such group developments abut a residential district. Such buffer strips, if planted, shall be composed of healthy plants which possess growth characteristics of such a nature as to produce a dense, compact planting screen not less than six feet in height, or if wood, stone, block or brick shall not be less than six feet high.

Every building hereafter erected or structurally altered to provide dwelling units shall be located on a lot as herein defined and in no case shall there be more than one such building on one lot unless otherwise provided in this ordinance.

A home occupation, if it is permitted in a land use district, must comply with the following requirements. It shall be allowed provided that it:

(1)

Is conducted by no other persons than members of the family residing on the premises.

(2)

Is conducted entirely within the principal building or completely enclosed accessory buildings.

(3)

Utilizes not more than twenty-five (25) percent of the total floor area of the principal building, or fifty (50) percent of an accessory building.

(4)

Produces no alteration or change in the character or exterior or change in the principal building from that of a dwelling.

(5)

Involves no sale or offering for sale of any article not produced or assembled by members of the family, or any service not entirely performed by members of the family residing on the premises.

(6)

Creates no disturbing or offensive noise, vibration, smoke, dust, odor, heat, glare, traffic hazard, unhealthy or unsightly condition.

(7)

Is not visibly evident from the outside of the dwelling except by one non-illuminated sign, two square feet or smaller in size.

All mobile homes located on individual lots in accordance with the provisions of this ordinance shall be subject to and conform with Section 6.2B, Additional Requirements.

The Land Use Plan Map designates certain areas in the city as having "severe environmental constraints." Such areas shall not be approved for rezoning nor shall any building permits be issued within such designated areas unless the developer sufficiently demonstrates the following:

(1)

The development property in question is wrongly classified on the Land Use Plan. This shall be demonstrated by having the Soil Conservation Service (SCS) attest to the fact that said property is not on any of the following soils:

Rains.

Pelham.

Bladen.

Rutledge.

Kingsland.

Brookman.

Meggett.

Satilla.

(2)

The development parcel does not frequently flood. This shall be attested to by the Solid Conservation Service.

(3)

The development parcel is not a wetland. It should be noted that work in streams or their wetlands downstream of the headwaters (5 cfs annual average flow; approximately 5-7 square miles of drainage area for this part of Georgia) in natural ponds or lakes of 10 or more acres including their wetlands, or in any tidal area may require a U.S. Army Corps of Engineers permit. Work upstream of the headwaters or in natural ponds or lakes of 10 acres or less may also need to be authorized by a COE permit. See 19 July 1977 Federal Register, Section 323.4.

Additionally, saltwater wetlands are protected by the Coastal Marshlands Protection Act (Ga. Law 1970, p. 939, section 1) and modification of these wetlands requires a permit from the Marshlands Protection Division of the Georgia Department of Natural Resources.

That soil, flooding, and poor drainage conditions will be overcome satisfactorily by:

(1)

Site modification; and/or

(2)

The engineering design of structures, including foundation, buildings, roads and drainage structures. Plans showing these modifications shall bear the stamp of a Registered Professional Engineer.

Any constructed or fabricated pool used for swimming or bathing, eighteen (18") or more in depth must be enclosed with a minimum four foot (4') high fence of chainlink or solid wood material and secured with a locked gate.