§ 4.2. Lot, structure and use regulations.

4.2.1   Use, permitted use, change of use. Properties shall be used and structures or parts thereof shall be erected, constructed, reconstructed, modified, moved, enlarged, or altered in conformity with the regulations contained in this resolution and any conditions of zoning. (Amended 11/3/93)

A.

Permitted uses. If either a specific use or a class of use is not listed as a permitted use in compliance with the zoning district standards and any zoning conditions, such specific use or class of use shall be prohibited in that district.

B.

Change of use. Any change of use, including a change of a single use within a multiple use structure, shall comply with the requirements of this resolution and any condition of zoning.

C.

Single family district limitations. Single family dwelling districts shall be restricted to no more than one main or principal structure per lot.

4.2.2 Lots. Structures shall be erected and uses shall be established only upon a single lot which meets or exceeds the requirements of this resolution or conditions of zoning, whichever is more restrictive. Regardless of the minimum requirements of individual zoning districts, a plat shall not be approved until the buildable area (including the buildable area(s) within the 50 percent of a minimum lot size which must be outside a flood plain) of every lot is determined to be sufficient to accommodate a square configured from the minimum building area required by the zoning district.

Lots created within a development project to accommodate detention and retention facilities which are incidental, related, appropriate, and clearly subordinate to the main use in the project are exempt from the minimum lot size requirements in all zoning districts. No other construction/building shall be permitted on such lots. A 10-foot access easement is required in accordance with established standards. (Added 6-4-03)

4.2.3 Reduction of lot area. When a lot or property is reduced in size, all resulting divisions and all structures shall meet the minimum requirements of the applicable provisions of this resolution; except that if a lot or property is reduced in area to less than the district minimum lot size as a result of government action, the lot shall be deemed nonconforming.

4.2.4 Division of conditionally-zoned parcels. All lots of a proposed subdivision must be in keeping with unit and density allocations, and other conditions of zoning as well as the Subdivision Regulations and this resolution. If each proposed parcel does not conform to such conditions, the proposed division shall require a rezoning to accomplish the desired modification of conditions. (Amended 7-5-89)

4.2.5 Uses and structures permitted in yards, and outside storage.

A.

Uses and structures permitted in yards. In addition to uses which may be provided for, conditioned or excluded from yards by other sections of this resolution, yards may be used for driveways, signs, at-grade parking, loading areas, fountains, flag poles, yard ornaments not to exceed four feet in height, walls, fences, walkways, lawns, buffers, landscape areas, underground utilities, well houses, storm water management facilities and tree preservation areas. No part of any yard or use made thereof shall serve the requirements for any other lot or structure. (Amended 7-5-89, 3-6-91, 5-6-92)

B.

Limitations on the location of outside storage and accessory displays. Outside storage and accessory displays are permitted as indicated below for the various use districts.

1.

Outside storage associated with residential uses or districts including AG-1 used for residential purposes only. Such storage is permitted in side and rear yards only, and must be screened from adjoining residential uses and from streets with an opaque fence or a vegetative screen which complies with Appendix G of the Tree Preservation Ordinance [See Code ch. 26, art. VI]. Any storage not normally associated with residential use shall be prohibited.

2.

Outside storage associated with industrial uses or districts. Outside storage is permitted in rear and side yards only in the M1-A District and in all yards in the M-2 District. Outside storage shall be located at least 25 feet from any residential property line. Such storage must be screened, in accordance with Appendix G of the Tree Preservation Ordinance [See Code ch. 26, art. VI], from neighboring residential uses in all industrial districts and from streets in the M-1A and M-1 Districts.

3.

Outside storage associated with institutional, office and/or commercial uses or districts. Outside storage is permitted only within rear yards, and shall be located at least 25 feet from any residential property line. Such storage must be screened from neighboring residential uses and streets with an opaque fence or a vegetative screen which complies with Appendix G of the Tree Preservation Ordinance [See Code ch. 26, art. VI].

4.

Outside accessory display associated with commercial and/or industrial uses or districts. Accessory displays for merchandise which is being offered for sale on-premises shall be permitted in the commercial and industrial districts only. Such displays may be located in any yard as long as it is not located in a minimum yard. Vehicle and similar displays may be located in minimum front yards, but may not encroach upon minimum landscape areas.

4.2.6 Maintenance of vegetation. Pervious surfaces including yards shall be permanently maintained and shall be landscaped with grass, trees, shrubs, hedges and/or other landscaping materials approved by the county arborist. (Amended 3-6-91)

4.2.7 Lots with well and/or septic tank. Any lot upon which both an individual well and septic tank/drain field are utilized shall be governed by regulations of the Fulton County Board of Health. Lots utilizing both a well and a septic tank shall be not less than one acre in size. Any lot proposed to be served by either a well or a septic tank/drain field shall comply with the larger of the minimum lot area required by the health code or the minimum required for the district in which the lot is located.

4.2.8 Multiple zoning. Whenever a lot is zoned for more than one single family dwelling district or zoned a single family district(s) and AG-1, the district which comprises the largest area shall control the development standards for that lot. (Added 3-7-90, Amended 4-5-06)

4.2.9 Building separations. All building separations shall be as specified by the Standard Building Code. (Added 6-4-03; Amended 3-3-04)

(Ord. No. 18-0340, Att. A, 5-16-18)