ARTICLE VI: GENERAL PROVISIONS Section 6.1 Nonconforming Buildings and Uses The purpose of Section 6.1 is to regulate buildings and uses, which do not conform to one or more provisions of this Ordinance, but were lawfully established and in compliance all applicable ordinances and laws at the time this Ordinance and any amendments thereto was adopted. This section is intended to prevent the expansion of nonconforming buildings and uses and establish the circumstances under which they may be altered, repaired or changed. Nothing contained in the section shall be construed or implied so as to allow for the continuation of illegal nonconforming buildings and uses. Said uses shall be removed immediately upon notification by the Zoning Administ rator. 6.1.1 Definitions. 1. "Nonconforming structure" shall mean any structure that was lawfully established and in compliance with the applicable ordinance and laws at the time this Ordinance or any amendment thereto became effective, but which, due to the application of this Ordinance or any amendment thereto, no longer complies withal the applicable regulation and standards of development in the zoning district in which it is located. 2. "Nonconforming use" shall mean any use of land or structures that had been lawfully established and in compliance with all applicable ordinances and laws at the time this Ordinance, or any amendment thereto, became effective, but which, due to the application of this Ordinance or any amendment thereto is a use not listed as permitted, conditional or accessory in the zoning district in which located. 3. "Nonconforming Lots" shall mean a lot, the area dimensions, or location of which was lawful prior to the effective date of this Ordinance, or any amendment thereto, but which fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district in which it is located. 6.1.2 Limitation to Nonconforming Structures. 6.1.2.1 No nonconforming structure shall be moved, altered, enlarged or reconstructed so as to increase the discrepancy between existing conditions and the requirements specified for the zoning district in which thetructure s is located. 6.1.2.2 A residential dwelling that is nonconforming because of area and yard requirements, which is partially or completely destroyed by natural causes may be restored or replaced within its original footprint. The nonconforming structure must be reconstructed within twelve (12) months to qualify for this exemption. 6.1.2.3 Except as permitted in Section 6.1.2.2 above, a nonconforming structure
6-1
which is damaged to the extent that the cost of repair exceeds seventy -five percent (75%) of the appraised value of the damaged structure may be restored only if made to conform to all provisions of this Ordinance. The Building Inspector shall determine the extent of the damage. 6.1.2.4 Subject to the valuation limit in Section 6.1.2.3 above, structural elements may be modified where the building inspector determined such modification is immediately necessary to protect the health and safety of the public or occupants of the nonconforming building or adjacent property owners. 6.1.2.5 If the use of a nonconforming structure is discontinued for a period of twelve (12) months or more, the structure shall lose it noncon forming status and shall thereafter be removed or altered to conform to the provisions of this Ordinance. 6.1.3 Limitations to Nonconforming Uses. 6.1.3.1 A nonconforming use shall not be enlarged or extended to occupy any part of a structure or site which it did not occupy on the effective date of the Ordinance or of any amendment thereto that caused it to become a nonconforming use, or in such a way as to displace any conforming use occupying a structure or site. 6.1.3.2 No structure, the use of which is nonconforming, shall be moved or altered unless required by law, or unless the moving or alteration will res ult in the elimination of the non -conformity. 6.1.3.3 No use of land or structure existing at the time of adoption of this Ordinance shall be deemed to be nonconforming solely because ofa failure to meet the requirements of Section 6.2 "Off -Street Parking" or "Section 6.3 "Off-Street Loading and Unloading Space" of this Ordinance. 6.1.3.4 A nonconforming use may be continued, provided that a nonconforming use which ceases for a continuous period of twelve (12) months shall lose its nonconforming status. 6.1.4 Limitations to Nonconforming Lots. Any non-conforming lot may be used as a site for a residential dwelling in any zoning district in which such dwellings are permitted, subject to the county’s yard, height, and lot width requirements. If the owner of two or more adjoining lots, at least one of which is a nonconforming lot, decides to build on these lots, he must first combine the lots to reduce or eliminate the non-conforming nature of the individual lots before the owner may apply for a building permit. If, after combination, such lots cannot meet the minimum yard requirements of the district, the owner shall become eligible to receive a building permit for the combined lot. 6.1.5 A change of ownership, tenancy, or management of a nonconforming structure, use or lot shall not affect its status as a legal nonconforming building, lot or use.
6-2
Section 6.2 Off-Street Automobile Parking Within Madison County, off-street automobile storage or parking space shall be provided on every lot on which any permitted or conditional use is established in accordance with this ordinance. 6.2.1
General Requirements. For the purpose of this ordinance the following general requirements are specified. 6.2.1.1 The term "Off-Street Parking Space" shall mean a space at least nine (9) ft. wide and twenty (20) ft. in length with a minimum net area of one hundred eighty (180) sq. ft., excluding area for egress and ingress and maneuverability of vehicles. 6.2.1.2 The required number of parking spaces for any number of separate uses may be combined in one lot, but the required space assigned to one use may not be assigned to another use at the same time. 6.2.1.3 Area reserved for off-street parking in accordance with the requirements of this ordinance shall not be reduced in area or changed to any other use unless the permitted use which it serves is discontinued or modified, and unless equivalent parking space is provided to the satisfaction of the Zoning Administrator. 6.2.1.4 Off-Street parking existing at the effective date of this ordinance 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.
6.2.2
Parking Space Requirements for All Districts. Off-Street automobile storage or parking space shall be provided with vehicular access to a street or alley, and shall be equal to at least the minimum requirements for the specific land use set forth. 6.2.2.1 Dwellings — Parking for single-family detached and two-family does not have to be paved. Parking for all multi-family dwelling units, townhouses and condominiums must be paved. a.
One and Two Families . Two (2) spaces per dwelling unit.
b.
Multi-family. One (1) bedroom - one and one-half (1.5) spaces per dwelling unit. Two (2) bedrooms - one and three-fourths (1.75) spaces per dwelling unit. Three (3) bedrooms - Two (2) spaces per dwelling unit.
c.
Efficiency Apartment One (1) space per dwelling unit.
6-3
d.
Hotels/Motels One (1) space for each bedroom, plus one (1) additional space for each five (5) employees on the largest work shift, plus one (1) space per three (3) persons to the maximum capacity of each public meeting or banquet room, plus fifty percent (50%) of the spaces otherwise required for accessory uses (e.g., restaurants and bars).
e.
Tourist courts, mobile home, and recreational vehicle parks . One (1) space for each guest bedroom or recreational vehicle space, plus one (1) additional space for a resident manager or owner.
f.
Boarding and rooming house and dormitories . One (1) space for each guest bedroom plus one (1) space for every three (3) employees.
6.2.2.2 Public Assembly a.
Religious Institutions . Adequate, off-street, paved parking as required by the Board of Commissioners.
b.
Private clubs, lodges, and fraternal buildings not providing overnight accommodations . One (1) space for each five (5) active members.
c.
Theaters, auditoriums, coliseums, stadiums and similar places of assembly . One (1) space for each four (4) seats.
d.
Libraries and museums One (1) space for each five hundred (500) sq. ft. of gross floor area.
e.
Schools, including kindergartens, playschools and daycare centers . One (1) space for each four (4) seats in assembly hall, or one (1) space for each employee, including teachers and administrators, whichever is greater, plus five (5) spaces per classroom for high schools and colleges.
f.
Skating rinks, dancehalls, exhibition halls, poolrooms and other places of amusement or assembly without fixed seating arrangements . One (1) space for each two hundred (200) sq. ft. of floor area.
g.
Bowling alleys .
6-4
Four (4) spaces for each alley or lane. 6.2.2.3 Health Facilities: a.
Hospitals, sanitariums, nursing homes, homes fo r the aged and similar institutional uses . One (1) space for each four (4) beds (not including bassinets), plus one (1) space for each four (4) employees, including nurses, plus one (1) space for each hospital vehicle.
b.
Kennels and animal hospitals . A parking area equal to thirty percent (30%) of the total enclosed or cover area.
c.
Medical, dental and health offices and clinics . One (1) space for each two hundred (200) sq. ft. of floor area used for offices and similar purposes.
d.
Mortuaries an d funeral parlors . Five (5) spaces per parlor chapel unit, or one (1) space per four (4) seats, whichever is greater.
6.2.2.4 Businesses: a.
Automobile repair establishments . One (1) space for each regular employee plus one (1) space for each two hundred and fifty (250) sq. ft. of floor area.
b.
Food Stores . One (1) space for each two hundred (200) sq. ft. of floor area designated for retail sales only.
c.
Restaurants, including bars, grills, diners, cafes, taverns, night clubs, lunch counters, and all similar dining or drinking establishments . One (1) space for each four (4) seats provided for patron use, plus one (1) space for each seventy-five (75) sq. ft. of floor area provided for patron use but not containing seats.
d.
Office buildings, incl uding banks, business, commercial and professional offices and clinics . One (1) space for each three hundred (300) sq. ft. of ground floor area, plus one (1) space for each five hundred (500) sq. ft. of upper floor area.
6-5
e.
General business, commercial o r personal service establishments catering to the retail trade but excluding food stores . One (1) space for each two hundred (200) sq. ft. of floor area designated for retail sales only.
f.
Governmental offices . One (1) space for each three hundred (300) sq. ft. of ground floor area plus one (1) space for each five hundred (500) sq. ft. of upper floor area and one (1) space for each governmental vehicle.
g.
Shopping centers . For centers less than fifteen thousand (15,000) net sq. ft. (floor area designated for retail sales only) - five (5) spaces per one thousand (1,000) net sq. ft.; between fifteen thousand (15,000) and four hundred thousand (400,000) net sq. ft. - four (4) spaces per one thousand (1,000) net sq. ft.; between four hundred thousand (400,000) and six hundred thousand (600,000) net sq. ft - four (4) spaces per net sq. ft; more than six hundred thousand (600,000) net sq. ft. - five (5) spaces per one thousand (1,000) net sq. ft.
h.
Furniture stores . One (1) for each one thousand (1,000) sq. ft. of gross floor area but not less than ten (10).
i.
Public utilities, such as telephone exchanges and substations, radio and TV stations, and electric power and gas substations . A parking area equal to twenty-five percent (25%) of the gross floor area.
j.
Automobile sales lot, new and used . One (1) space per six hundred (600) sq. ft. of enclosed floor space, plus one (1) space for each three thousand (3,000) sq. ft. of outside display area. Car display area does not have to be paved.
6.2.2.5 Industries: a.
Commercial, manufacturing and industrial establishments not catering to the retail trade . One (1) space for each three (3) employees on the maximum working shift, plus one (1) space for each company vehicle operating from the premises.
b.
Wholesale establishments .
6-6
One (1) space for every fifty (50) sq. ft. of customer service area, plus two (2) spaces for each three (3) employees on the maximum working shift, plus one (1) space for each company vehicle operating from the premises.
6.2.3
Parking Area Site Requirements. All off-street parking shall be laid out, constructed, and maintained according to the following requirements (except in residential lots in the A-1, A-2, RR, R-1, R-2 districts and for single-family and two-family dwellings in the R3 district). Note: Off-street parking includes parking spaces or lots for customers and employees. 6.2.3.1 All parking areas shall be hard surfaces with concrete, plant or porous paving material 6.2.3.2 Lighting facilities shall be arranged so that light is reflected away from adjacent properties and streets. 6.2.3.3 The parking area shall be adequately drained. 6.2.3.4 No sign may be placed within the public right-of-way. Signs and planting strips shall not obstruct the visibility of drivers or pedestrians. 6.2.3.5 Interior parking lot landscaping. Off-street parking areas in all zoning districts shall be subject to the following requirements. For the purpose of calculating offstreet parking lot square footage, all areas within the lot's perimeter are counted, including the planting islands, curbed areas, corner lots, parking spaces, and all interior driveways and aisles except those with no parking spaces located on either side. Landscaped areas outside the parking lot may not be used to meet the interior planting requirement. The required amount of landscaping is based on the following sliding scale. Landscape provisions only apply to parking areas for customers or employees. Total Area of Lot
Percent of the Total Area (square feet) of Lot that must be an Interior Planting Area
0 - 15,000
5.0%
15,000 - 29,999
7.5%
30,000 or greater
10.0%
Off-street parking shall consist of planting islands. Sixty (60) sq. ft. of continuous pervious land area is required for each tree with no tree-planting area less than six (6) ft. wide in any dimension. Planting islands shall be evenly spaced throughout the parking lot and shall be distributed approximately once every ten (10) spaces for residential sites and once every fifteen (15) spaces for commercial development. Planting islands
6-7
parallel to parking spaces must be at least nine (9) ft. wide to allow car doors to swing open. Trees must have a clear trunk at least six (6) ft. above the finished grade to allow vehicular circulation beneath the tree canopy without causing any damage. Deciduous shade trees planted with ground cover or low shrubs are recommended as the primary plant materials. Shrub varieties should be evergreen. Good visibility in the parking lot is important for security and traffic safety reasons. Plants that restrict visibility, such as tall shrubs or low-branching trees, should be avoided. To prevent cars from parking too close to trees or damaging shrubs, a curb or wheelstop must be provided. Trees shall be distributed to break up the parking lot and to create a canopy effect. A minimum of one (1) fifteen (15) gallon tree and three (3) shrubs shall be required for every ten (10) parking spaces. The distribution of the trees must maximize shading during the summer months. 6.2.3.6 Perimeter Landscaping Adjacent to the Public Right-ofWay . All commercial and industrial sites, unless otherwise specified in Section 6.7, must include a perimeter landscape strip. The strip must be at least ten (10) ft. wide for sites larger than fifteen thousand (15,000) sq. ft., or six (6) ft. wide if the site is smaller. The strip must be located on the property, adjacent to the public right-ofway and cannot include any paved surfaces, with the exception of pedestrian sidewalks or trails that cross the strip. Preservation of natural woodland is preferred. If a woodland perimeter strip is preserved all diseased, dangerous or decayed growth shall be removed. If the natural growth is too dense for preferred growth, the natural growth may be thinned. However, if there is no woodland perimeter, the strip must be planted as follows: One (1) fifteen (15) gallon deciduous shade tree and ten (10) evergreen shrubs are required per thirty-five (35) linear ft. of perimeter. Two (2) evergreen or two (2) ornamental trees may be substituted for one (1) shade tree. One (1) shade tree may be substituted for five (5) evergreen shrubs. Plant materials at vehicular entrances should be located so as to maintain safe sight distances. If the required planting would result in an inappropriate or impractical design due to underground utilities, overhead wires, or other related factors, a suitable landscape plan, approved by the Madison County Board of Commissioners, may be substituted. 6.2.3.7. Perimeter Landscaping and Buffer Areas. All commercial and industrial sites, unless otherwise specified in this section, must include a landscape strip at least ten (10) feet wide adjacent to public right-of-ways and on all lot lines abutting residentially zoned property. Strips adjacent to public right-of-ways must be planted as follows: One (1) fifteen (15) gallon deciduous shade tree and ten (10) evergreen shrubs are required per thirty-five (35) linear ft. of road frontage. Two
6-8
(2) evergreen or two (2) ornamental trees may be substituted for one (1) shade tree. One (1) shade tree may be substituted for five (5) evergreen shrubs. Landscaping for lot lines abutting residential property, shall consist of a tight evergreen hedge with a five year height of at least eight (8) feet. A solid fence may be substituted for the evergreen hedge if approved by the Zoning Administrator. In any business (B-1, B-2) or industrial (I) district, any operation not conducted within a building, such as outdoor recreation, outdoor storage of materials, and outdoor servicing activities, shall be enclosed by a solid wall or solid fence or tight evergreen hedge with a five year height of at least eight (8) feet. The bottom of the fence must be no higher than four (4) inches from the ground. The top of the fence must not evidence significant elevation changes (i.e., the top of the fence at the highest topographic elevation will determine the height of all portions of the fence, regardless of elevation changes). If constructed from wood, fence height must be achieved by the installation of one continuous 8-foot, or greater, board. The Zoning Administrator shall, based on the character of the area, determine whether the applicant must install the solid wall, solid fence, or tight evergreen hedge. In any district, other than B-1, B-2 or I, requiring screening of a specified operation, said screening shall be a solid wall or solid fence or tight evergreen hedge as required in the preceding paragraph. Depending upon the character of area, a perimeter landscape strip may also be required as determined by the Zoning Administrator. A ten (10) ft. rear and side yard vegetated buffer consisting of a tight evergreen hedge, with a five year height of at least eight (8) feet is required for all multifamily development. If the required planting would result in an inappropriate or impractical design due to underground utilities, overhead wires, the character of the area, or other related factors, a more suitable landscape plan may be approved by the Zoning Administrator. All required buffer areas and landscape strips are in addition to area, yard, and height requirements for the zoning classification district as specified in Article VIII. Prior to any site construction or grading, the Zoning Administrator must approve a landscaping plan prepared by a registered landscape architect that identifies all plants to be incorporated in perimeter and buffer areas. Preservation of natural woodland is preferred. If a woodland perimeter strip is preserved all diseased, dangerous or decayed growth shall be removed. If the natural growth is too dense for preferred growth, the natural growth may be thinned. Plant materials at vehicular entrances should be located so as to maintain safe sight distances. If the required planting would result in an appropriate or impractical design due to underground utilities, overhead wires, or other related factors, a suitable landscape plan, approved by the Zoning Administrator, may be substituted.
6-9
Any grading, improvements or construction adjacent to the perimeter landscaping or buffer areas must not disturb or encroach on such areas.
Section 6.3 Off-Street Loading and Unloading Space Off-street loading and unloading spaces shall be provided as hereinafter required by this ordinance. 6.3.1
Size of Off-Street Loading Spaces. Each off-street loading space shall have minimum dimensions of fourteen (14) ft. in height, twelve (12) ft. in width, and fifty-five (55) ft. in length. However, upon sufficient demonstration that a particular loading space will be used exclusively by shorter trucks, the Zoning Administrator may reduce the minimum length accordingly to as little as thirty-five (35) feet.
6.3.2
Connection to Str eet or Alley. Each required off-street loading space shall have direct access to a street or alley or have a driveway, which offers satisfactory ingress and egress for trucks.
6.3.3
Floor Area Over 10,000 Square Feet. Sufficient space for off-street loading and unloading must 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 then ten thousand (10,000) sq. ft. of floor space or fraction thereof. Such space must be located so as not to hinder the free movement of pedestrians and vehicles over a sidewalk, street or alley.
6.3.4
Floor Area less than 10,000 Square Feet. Sufficient off-street loading space (not necessarily a full space if shared by an adjacent establishment) must be provided for each commercial or industrial building requiring the receipt or distribution of materials for merchandise and having a floor area of less than ten thousand (10,000) sq. ft. The space must be located so as not to hinder the free movement of pedestrians and vehicles over a sidewalk, street or alley.
6.3.5
Bus and Trucking Terminals. There shall be provided sufficient space to accommodate the maximum number of busses or trucks to be stored or loaded at the terminal at any one time.
6.3.6
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 the loading spaces are shared with the use occupying said adjacent lot.
6.3.7
Permanent Reservation. Area reserved for off-street loading in accordance with this ordinance must not be reduced or changed to any other use unless the permitted use that the off-street loading serves is discontinued or modified. However, equivalent loading space may be provided and approved by the Zoning Administrator.
Section 6.4 Control of Curb Cuts and Vision Clearance The requirements for controlling curb cuts and maintaining vision clearance shall be as follows:
6-10
6.4.1
Curb Cuts. No curb cut shall be less than nine (9) ft. nor exceed thirty (30) ft. in length. No curb cut shall be closer than twenty-five (25) ft. to another curb cut or access point, except in residential zoning districts. At street intersections, no curb cut or other access point shall be located closer than twenty-five (25) ft. from the intersecting point of the two street rights-of-way or property lines involved (or such lines extended in case of a rounded corner), whichever is the least restrictive. A permit must be obtained from the Georgia Department of Transportation before curb cuts or any other point of access shall be authorized onto state-owned highway rights-ofway from abutting property. Vision Clearance. In all use districts, no fence, wall, shrubbery, sign, marquee or other obstruction to vision between the heights of two and one-half (2½) and ten (10) ft. from the ground level shall be permitted within twenty (20) ft. of the intersection of the rightof-way lines of two streets or railroad lines, of a street intersection with a railroad line, or of curb cuts or driveways.
Section 6.5 Classification of Streets All streets in Madison County, Georgia are divided into six (6) classes as follows: 6.5.1
Arterial. A street used primarily for fast or heavy through traffic.
6.5.2
Collector. A street designed to carry traffic from local streets to the major system of arterial streets and highways and including the principal entrance streets to a residential development and principal streets for circulation within a development.
6.5.3
Local Residential. A street designed to carry residential traffic between collector or other streets or highways and abutting properties.
6.5.4
Local Commercial and Industrial. A street designed to provide vehicular access to abutting commercial and industrial property.
6.5.5
Cul-de-sac. A local residential street having one end open to vehicular traffic and the other end permanently closed with a vehicular turnaround.
6.5.6
Frontage Road. A minor street parallel to and adjacent to an arterial street, whose primary purpose is providing access to abutting properties.
Section 6.6 Storage and Parking of Recreational Vehicles, Trailers, and other Vehicles Commercial vehicles and trailers of all types, including travel, boat, camping and hauling, 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: 6.6.1
No commercial vehicle used for hauling explosives, gasoline or liquefied petroleum products is permitted.
6.6.2
Recreational vehicles, hauling trailers, or boat trailers are permitted if parked or stored behind the front yard building line.
6-11
6.6.3
A recreational vehicle shall not be occupied either temporarily or permanently while it is parked or stored in any area except in a recreational vehicle park authorized under this ordinance, or as otherwise stated in this ordinance.
6.6.4
Individual RV's occupied temporarily by a guest of the owner or tenant of the property on which the RV is located, shall be allowed, not to exceed fifteen (15) consecutive calendar days in any sixty (60) day period.
6.6.5
In all residentially zoned districts it is prohibited to park or store abandoned, wrecked or junked vehicles, power-driven construction equipment, used lumber or metal, or any other miscellaneous scrap or salvageable material in quantity. For the purposes of this subsection, an abandoned vehicle shall be a vehicle without current state license.
Section 6.7 Lighting All outdoor lighting must reflect away from all residential dwellings and shall be situated to not directly reflect into any public right-of-way.
Section 6.8 Site and Sketch Plans. The purpose of site and sketch plans is to provide the approving authority detailed information sufficient to judge the soundness of each proposed project or development; its impact on the community, environment, and traffic; its conformity with county land use ordinances and Madison County Board of Health regulations; the location of landscaping and buffers and its compatibility with the surrounding area.
6.8.1 Site Plans Site plans are scaled drawings; on plats, blueprints, drafting paper, suitable paper; drawn to a scale of 1 inch equal to 100 feet; representing the intended layout of a development or project. Unless otherwise required in this ordinance, or determined by the Zoning Administrator as unnecessary to a specific development or project, each site plan shall include: 6.8.1.1 the location size and function of all existing or planned structures; and 6.8.1.2 the location of all existing and planned uses; and 6.8.1.3 location and dimensions of all existing and planned easements and private access drives; and 6.8.1.4 the number of dwelling units or businesses in each building; and 6.8.1.5 the dimensions of the lot and location of all lot lines; and 6.8.1.6 location of any barriers to development such as wetlands, streams, lakes, ponds flood plains, etc.; and
6-12
6.8.1.7 location and surface treatment of adjacent roadways; and 6.8.1.8 details of water and sewerage facilities; and 6.8.1.9
all setback distances; and
6.8.1.10 the location of landscaping, proposed public or common open spaces and buffers; and 6.8.1.11 the location(s) and dimensions of all required parking spaces; and 6.8.1.12 location of fences, septic tanks, septic tank drain field lines and area(s) for erve res drain field lines; and 6.8.1.13 location and dimensions of all outside storage areas; and 6.8.1.14 proposed method of storm water management; and 6.8.1.15 all paved areas. 6.8.1.16 any additional information deemed pertinent by the Zoning Administrator in meeting the objectives of Section 6.8 of this Ordinance.
6.8.2 Sketch Plan. Sketch plans are hand drawn, not-to-scale renderings drawn on plats, plain paper or other suitable writing material and includes the same relevant information required for site plans, but presented in a less formal manner.
6-13
