§ 4.3. Exceptions.
This resolution shall apply to every lot, parcel, property, use and structure in Fulton County except as excluded in this section. Furthermore, the provisions herein shall not apply to properties and structures owned, operated and/or leased for use by Fulton County for public purposes. The use of said property for a nonconforming use does not establish a precedent for other nonpublic (governmental) uses. Should the public use cease to exist, the provisions herein shall apply. (Amended 4-7-93)
4.3.1 Nonconforming lots, uses and structures. Within the zoning districts established by this resolution there may exist lots, structures, and uses of both land and structures which were lawful before this resolution was adopted or subsequently amended, but which would be prohibited, regulated, or restricted under the terms of this resolution as adopted or subsequently amended. Nonconforming lots, uses and structures may continue in their nonconforming status with the following limitations and/or requirements. (Added 4-5-89)
A.
Nonconforming lot. A single, lawful lot-of-record which does not meet the requirements of this resolution for area or dimensions, or both, may be used for the buildings and accessory buildings necessary to carry out permitted uses subject to the following provisions:
1.
Parking space requirements as provided for in article XVIII are met; and
2.
Such lot does not adjoin another vacant lot(s) or portion of a lot in the same ownership.
3.
If two or more adjoining lots or portions of lots in single ownership do not meet the requirements established for lot width, frontage or area, the property involved shall be treated as one lot, and no portion of said lot shall be used or sold in a manner which diminishes compliance with this resolution. This paragraph shall not apply to nonconforming lots when 50 percent or more of adjoining lots on the same street are the same size or smaller.
B.
Nonconforming uses of land. When a use of land is nonconforming pursuant to the provisions of this resolution, such use may continue as long as it remains otherwise lawful and complies with the following provisions:
1.
No nonconforming use shall be enlarged, increased or extended to occupy a greater area of land than that which was occupied at the time use became nonconforming;
2.
No nonconforming use shall be moved in whole or in part to any other portion of the lot not occupied by such use at the time the use became nonconforming; and
3.
If any nonconforming use of land ceases for a period of more than one year, any subsequent use of such land shall comply with this resolution.
C.
Nonconforming use of structures. If a lawful use of structure, or of a structure and lot in combination, exists at the effective date of adoption of this resolution or its subsequent amendment that would not be allowed under provisions of this resolution as adopted or amended, the use may be continued so long as it complies with other regulations, subject to the following conditions:
1.
No existing structure devoted to a use not permitted by this resolution shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a permitted use;
2.
Any nonconforming use may be extended throughout any part of a building which was arranged or designed for such use at the time the use became nonconforming, but no such use shall be extended to occupy any land outside such building;
3.
If no structural alterations are made, any nonconforming use of a structure or structure and land may be changed to another nonconforming use of the same or more restrictive nature;
4.
When a nonconforming use of a structure or a structure and land in combination is replaced with a conforming use, such structure or land may not later revert to a nonconforming use;
5.
When a nonconforming use of a structure or structure and land in combination is discontinued or abandoned for one year, the structure or structure and land in combination shall not thereafter be used except in conformance with the regulations of the district in which it is located; and
6.
A nonconforming use of a structure and/or a nonconforming use of land shall not be extended or enlarged by attachment to a building or land of additional signs which can be seen from off the land or by the addition of other uses of a nature which would be prohibited generally in the district.
D.
Nonconforming structures. When a structure exists on the effective date of adoption of this resolution or its amendments that could not be built under the terms of this resolution because of restrictions on building area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may remain as long as it complies with all other zoning regulations, subject to the following conditions:
1.
No structure may be enlarged or altered in a way which increases its nonconformity;
2.
Destruction, by any means, of more than sixty percent of the gross square footage of a structure shall require that the structure be reconstructed in conformity with the provisions of this resolution; (Amended 03/03/04)
3.
Any structure which is moved, for any reason and for any distance whatever, shall conform to the regulations for the district in which it is located.
4.
Telecommunications Facilities. (Added 05/17/06)
a.
All telecommunication facilities existing on the effective date of this ordinance shall be allowed to continue to be used as they presently exist.
b.
Routine maintenance (including modifications to accommodate the co-location of an additional user or users) shall be permitted on existing telecommunication facilities.
c.
Replacement of antennas on a structure with different antennas shall be considered routine maintenance so long as the replacement antenna(s) does not increase the height of any existing structure.
E.
Rezoning Which Results in Nonconforming Structures. (Amended 3/6/91, 04/05/06)
When a property containing lawful structures is rezoned, the following shall apply:
1.
The approval of the rezoning by the Board of Commissioners shall automatically adjust minimum/maximum yards to the extent necessary for existing structures to comply.
2.
All new construction, expansions or additions shall comply with the minimum yard requirements of the new district.
3.
Buffers and landscape areas shall be established by conditions of zoning which shall have precedence over the district standards contained in section 4.23.
4.
Destruction or removal of buildings which preexisted rezoning shall reinstate the development standards of the then applicable district provisions of this Zoning Resolution.
F.
Exemptions due to state or county action. Whenever a lot becomes nonconforming as a result of land acquisition by the county or state, building permits shall be granted for new construction provided the proposed structure complies with all but lot area requirements, and setback requirements shall be reduced without requirement for a variance to the extent of the width of the acquired property.
Whenever a structure becomes nonconforming as a result of county or state action other than an amendment to this resolution, the use of the structure may continue and the structure may be replaced as though no nonconformity exists if, subsequent to such action, the structure is destroyed. (Amended 3/6/91)
4.3.2 Model homes. Dwelling units may be utilized for sales offices and/or model homes as long as two or more lots and/or dwelling units in the development have not undergone an initial sale or lease by the builder. (Amended 7/5/89)
4.3.3 Height limits. The zoning districts' maximum height limitations for structures shall not apply to the following:
A.
Church spires and belfries.
B.
Water storage tanks.
C.
Cooling towers.
D.
Chimneys.
E.
Mechanical penthouses located on roofs.
F.
Smokestacks.
G.
Flag poles.
H.
Silos and grain elevators.
I.
Fire towers.
Public and semi-public buildings (except as exempt in section 4.3), hospitals and schools may be erected to 60 feet in height, and churches and temples may be erected to 75 feet in height. For each foot that said buildings exceed the height regulations of the district in which located, an additional foot of side and rear yard setbacks shall be required.
4.3.4 Minimum building lines. The minimum yards (setbacks) in each district shall establish minimum building lines for all structures except those named in section 4.2.5 entitled Uses and Structures Permitted in Yards, and Outside Storage. (Amended 3/4/92)
A.
Multiple frontage lots. Lots adjoining more than one public street shall provide a minimum front yard along each right-of-way except corner lots. The setbacks for the street-adjoining side yards of corner lots shall be as specified in the district regulations.
B.
Permitted encroachments into yards. The following encroachments shall be allowed to the extent specified below:
1.
Nonresidential. Canopies shall be allowed over walkways or driveways to within 12 feet of the street right-of-way or the right-of-way based on the street's functional classification, whichever is farther from the street's centerline. Fuel pumps and pump islands, when permitted, shall be set back as stated in this paragraph for canopies.
2.
Single-family Residential and Townhouses used for single family on individual lots of record. (Amended 12/4/91, 03/03/04, 04/05/06)
Porches, decks or patios attached to the main dwelling may extend no more than 10 feet into a minimum front or rear yard.
Outdoor fireplaces and outdoor uncovered kitchens, whether stand-alone or constructed as a part of a patio, retaining wall or other structure, may only be located in the rear yard and may extend no more than 10 feet into the minimum rear yard. In no case shall an outdoor fireplace be located closer than 10 feet to a property line.
Awnings may project to within 5 feet of a side lot line.
3.
All zoning districts. (Amended 04/05/06) Architectural features such as cornices, eaves, steps, gutters, fire chases, chimneys which are a part of an exterior wall of the primary structure, and fire escapes may not encroach or project over more than 36 inches into any minimum yard.
4.
Adjoining railroads. For those uses which utilize a rail siding for loading and unloading, there shall be no minimum rear yard requirement adjoining the siding.
C.
Flag lots. Minimum yards shall not be identified within the stem portion of a flag lot unless such portion, independent of the flag portion, can meet the requirements of 4.2.2. Measurements for a front yard setback shall begin at the point of intersection of the stem and the flag portion of a flag lot running along the property line the most perpendicular to the stem. A flag lot stem shall not be less than 15 feet in width. (Added 7/5/89, Amended 2/7/96)
4.3.5 Encroachment on public rights-of-way. No privately owned structures other than driveways, access walkways, and mailboxes shall be permitted within a publicly owned right-of-way. Mailbox support structures shall also be permitted within the county owned right-of-way provided that the mailbox support structure or appurtenance conforms to the following conditions.
1.
Mailbox support structures or appurtenances shall not be constructed of masonry, concrete or stone unless the support design has been shown to be safe by crash tests and is approved by the director of the department of environment and community development.
2.
With the exceptions noted in subsection 1. above, the mailbox support structure shall be a single four-inch × four-inch or four-inch circumference wooden or metal post with strength no greater than a two-inch diameter standard steel hollow pipe and embedded not more than 24 inches in to the ground.
3.
A mailbox support structure containing a metal post shall not be fitted with an anchor plate, but it may have an anti-twist device that extends no more than ten inches below the ground surface.
Mailbox structures along roadways with posted speed limits of 35 miles per hour or less within platted subdivisions of the county shall be exempt from this provision. Landscaping shall be allowed within the public right-of-way with permission of the Georgia Department of Transportation or the director of the department of environment and community development, or as specified in the tree preservation ordinance, as applicable. Signs and other structures belonging to the State of Georgia, Fulton County, or a railroad or utility are exempt from this provision.
(Ord. No. 97-0328, 3-5-97; Amd. No. 09-1008, 10-7-09)