Article 5 — General Provisions

In all residential zoning districts no more than one principal structure or use shall be located on a lot except as otherwise provided herein.

No building or structure shall be erected nor shall any other use be established unless upon a lot as defined by this Ordinance.

No building or other structure shall hereafter be erected or altered so as to:

No lot shall be reduced in size so that the lot width or depth, size of yards, lot area per family or any other requirement of the Ordinance is not maintained. This restriction shall not apply when a portion of a lot is acquired for a public purpose.

No part of a yard, or other open space, of off-street parking or loading space required about, or in connection with, any building, structure or use shall be included as part of a required yard, open space, or off-street parking or loading space similarly required for any other building, structure, or use except as provided herein.

No open space shall be encroached upon or reduced in any manner except in conformity to the yard, setback, off-street parking spaces and such other regulations required by this Ordinance for the District in which such building is located. Shrubbery, driveways, retaining walls, fences, curbs and planned buffer strips shall not be construed to be encroachments of yards. Open space areas as required by the Ordinance shall be permanently maintained as open space and appropriately landscaped with trees, shrubs, flowers, grass, stones, rocks or other landscaping materials. These areas may not be used for vehicular access, parking or similar uses except as otherwise provided herein.

No building, structure, service area or required off-street parking and loading facilities, except driveways, shall be permitted to encroach on public rights-of-way.

Single-family dwellings are permitted uses in all residential zoning districts.

Construction of an accessory structure shall only occur concurrently with or after the construction of the principal structure.

In the event property is a landlocked lot, as of the effective date of this Ordinance, the property owner shall be entitled to one (1) building permit provided:

No fence, wall, structure, shrubbery or other obstruction to vision between the height of three (3) feet and 15 feet, except utility poles, lights or street signs, shall be permitted within 20 feet of the intersection off the right-of-way lines of streets, roads, highways, railroads or any combination thereof; provided, however, that signs, lights or similar objects which are totally located at least 12 feet above the finished grade shall be permitted in accordance withArticle XI of this Ordinance.

If either a use or class of use is not specifically indicated as being permitted in a zoning district, either as a matter of right or as a conditional use, then such use, class of use, or structures for such uses, shall be prohibited in such zoning district.

Any outside service area, storage area or outside equipment area shall be screened from view in accordance with Section 5-18.

Walls and fences or combinations thereof shall achieve a100 % screen prior to the issuance of a Certificate of Occupancy. Walls and fences required for screening purposes shall be limited to wood, brick, stone, concrete or concrete block (with architectural treatment), or any such wall or fence combined with vegetative screening materials which shall be compatible with or enhancethe appearance of adjoining properties. Chain link fences with wooden or plastic inserts may be utilized to establish a screen in the M-1and M-2 Zoning Districts.

Within in any non-residential district, side yards and rear yards shall not be required adjacent to railroad rights-of-way.

Any unimproved nonconforming lot of record existing prior to the adoption of this Ordinance which has an area or a width which is less than required by this Ordinance may be used as a building site for aprincipal structure permitted in that zoning district. All other structures and uses must conform to the applicable regulations contained herein.

The height limits of these regulations shall not apply to a church spire, belfry, cupola, dome or ornamental tower not intended for human occupancy, monument, water tower, observation tower, transmission tower, chimney, smoke stack, conveyor, flag pole, radio or television tower, mast or aerial, parapet wall not extending more than four (4) feet above the roof line of the building, and necessary mechanical appurtenances.

Architectural features such as cornices, eaves, steps, gutter and fire escapes may project not more than three (3) feet beyond any required setback line, except where such projections would obstruct driveways which are or may be used for access for service and/orbemergency vehicles;

provided, however, that in the case of automobile service stations, motels and similar uses which serve the motoring public, canopies shall be allowed over a driveway or walkway within the front yard not to extend from the principal building to a point any closer than 15 feet from the street right-of-way.

Any lot upon which both an individual well and septic tank or private sewage system are to be provided shall be governed by Title 88 of the Georgia Code Annotated, entitled “Public Health”, and shall be further governed by the Georgia Department of Human ResourcesRules and Regulations for Individual Sewage Disposal Systems and further by rules and regulations of Union City as amended from time to time. Lots using both well and septic tank systems shall not be less than one (1) acre in size and shall have 125-foot frontage. Lots using only private septic tank system shall not be less than 25,000 square feet and have 125-foot front footage.

Private landfills shall be certified and monitored by the Georgia Department of Natural Resources. Permits for the hauling of garbage shall be obtained from the Mayor and Council of Union City. Prior to approval of zoning for a landfill, the Mayor and Council shall be provided sufficient data acceptable to the Department of Natural Resources, indicating that soil types, ground water levels, etc., are conducive to landfilling operations. A site plan covering the entire tract under consideration showing access, buffer or screening areas, existing streams and non-usable lands, adjacent property owners, etc., shall be submitted for review. A 500-foot buffer shall be provided around the periphery of the tract. If restriction of movement of trash and debris is necessary, a fence at least six (6) feet in height shall be provided around the periphery.

No dwelling unit or other permanent structure shall be relocated in the City unless, when relocated, it meets all requirements of this Ordinance and other City code requirements and prior to the transportation of the structure the relocation must be approved by the Zoning Administrator.

in the construction or intended use of a building which is legally under construction or for which a building permit has been issued as of the effective date of this Ordinance and the construction of which shall be diligently pursued until completion.

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 as of the effective date of this Ordinance and the development of which shall be commenced within one (1) year from said date.

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

In the operation of all repair garages, all bodywork and painting shall be conducted within fully enclosed buildings. No open storage of junk, wrecked vehicles, dismantled parts or supplies shall be visible beyond the premises.

The temporary use of an office trailer to assist in on-site construction shall require a permit be issued by the Zoning Administrator prior to locating a trailer on a site.

Said permit shall require a fee as established by the Mayor and Council of Union City and shall specify the precise location of the trailer. Said permit shall be issued for a six

The trailer shall be identified by a sign denoting the name of the business for which it is being used. The Zoning Administrator may issue the permit with conditions as imposed by him to insure said office trailer does not unduly harm the surrounding environment.

Outside storage of merchandise, whether a principal use or an accessory use, shall be allowed only within GC, M-1 and M-2 Zoning Districts. This provision shall not apply to the sale of mobile homes, automobiles or other merchandise where is would be unreasonable to require indoor storage. Outdoor storage in the GC Zoning District is restricted to storage of merchandise or materials used in conjunction with operation of the business in an area equal to or less than five (5%) percent of the gross floor space for the particular place of business.

Outside storage of motor vehicles for lease or sale shall be exempt from the screening requirements of this Ordinance, subject to the minimum landscape and buffer requirements. Merchandise which is moved inside on a daily basis shall be exempt from the screening requirements; however, such display must comply with all minimum landscape and buffer requirements.

Except as herein specified, the lawful use of any building or land existing at the time of the enactment of this Ordinance may be continued although such use does not conform to the provisions of this Ordinance.

or neighborhood commercial district, no prohibited business vehicle or no school bus used for transporting students to either public or private schools shall be allowed to park on parcels so zoned or on streets abutting such parcels except during daylight hours and only for the purpose of making deliveries, making pickups and providing services. For purposes of this Zoning Ordinance, a prohibited business vehicle is defined as a vehicle with a gross vehicleweight rating (GVWR) in excess of 26,000 pounds, or a vehicle with more than two (2) axles, or a vehicle designed to transport at least 15 passengers (including the driver). Business vehicles with a GVWR of less than 26,000 pounds, or less than three (3) axles, or those designed to carry less than 15 passengers (including the driver) shall not be parked on streets abutting such parcels. This provision shall not be construed as restricting in any way the normal business vehicle activity associated with development and construction. (Amended 5/15/12; Ordinance 2012-08)

Lots having driveway access to arterial and collector streets shall be provided with a convenient vehicle turn-around which shall be of adequate design to permit vehicles to enter such arterial or collector streets in a forward manner.

All proposed non-residential development shall be depicted on a Site Plan consistent with the requirements listed in the Development Regulations.

The Zoning Administrator shall have the power to grant an administrative variance from the provisions of this Ordinance, where, in his or her opinion, the intent of the Ordinance can be achieved and equal performance obtained by granting an administrative variance. A fee of $25 per standard varied shall be charged.

The authority to grant such administrative variances shall be limited, except as provided in other Articles of this Ordinance, to vary from the following requirements:

The Zoning Administrator shall not have the authority to grant any additional administrative variance after a variance has been approved by the Planning Commission.

As set forth in Article X; all one and two family dwellings and townhouse dwellings 1,000 square feet and over shall have a two-car garage with additional off-street parking for two cars. (Adopted 3/20/07; Ordinance 07-7)

Residential building design and materials may be of the builder’s choosing; however, a minimum of 100% of the exterior siding materials for the façade that faces the public or private street of all residential dwellings shall be constructed of brick or stone. The remaining sides of residential dwellings shall be 100% brick, stone, stucco, cementious siding or wood; vinyl and metal siding is prohibited. (Adopted 5/15/07; Ordinance 07-16)

5-40A. Exterior Multifamily, Townhome, and Condominium Building Materials. Building design and materials may be of the builder’s choosing; however, a minimum of 40% of the exterior materials for the façade that faces a public street shall be brick or stone and the remaining 60% shall be brick, stone, stucco, cementitious siding, glass, wood, or a combination thereof. The remaining sides of the buildings, including sides facing internal development streets, shall be 100% mixture of materials including brick, stone, stucco, cementitious siding, glass and/or wood. Vinyl and metal siding are prohibited.

Commercial building design and materials may be of the builder’s choosing; however, a minimum of 80% of the exterior siding materials for the façade that faces the public or private street of all commercial buildings shall be constructed of brick or stone and the remaining 20% a combination of brick, stone, stucco or cementious siding. The remaining sides of commercial buildings shall be 100% brick, stone, stucco or cementious siding. (Adopted 10/16/07; Ordinance 07-22)

Donation boxes shall not be located within any building setback or established buffer area. Donation boxes shall not be located in such a manner that they block sight lines on the subject tract as determined by the city engineer. To the extent feasible, donation boxes shall be placed so as to be inconspicuous as viewed from the public right-of-way.

As used in this Zoning Ordinance, the phrase “conditional use”

shall describe a use that is available by right upon the satisfaction of enumerated conditions and only so long as the enumerated conditions continue to be satisfied. To the extent any “conditional use permit” is required by the terms of this Zoning Ordinance, the issuance of such “permit” shall be a non-discretionary, administrative action by the Zoning Administrator intended only to signify that the permit-holder has satisfied the relevant conditions associated with the conditional use at the time of the issuance of the permit. The issuance of such a “permit” shall not require any “quasi-judicial” decisions on the part of the Zoning Administrator, the Mayor and Council or any other official or board of the City. In addition, if at any time the holder of such a permit fails to continue to satisfy the enumberated conditions after the issuance of the permit, said permit shall become null and void. (Amended December 17, 2024; Ordinance 2024-Z-__)