§ 152.090 APPLICATION OF REGULATIONS.
   The regulations set forth in this chapter affect all land, every building, and every use of land and/or building and shall apply as specified herein.
   (A)   Use. No building or land shall hereafter be used or occupied, and no building or structure or part thereof shall be erected, moved or structurally altered except in conformity with the regulations of this chapter for the district in which it is located.
   (B)   Height and density. No building shall hereafter be erected or altered so as to exceed the height limit or to exceed the density regulations of this chapter for the district in which it is located.
   (C)   Lot size. No lot, even though it may consist of one or more adjacent lots of record in single ownership, shall be reduced in size so that the lot width or depth, front, side or rear yard, lot area per dwelling unit, or other requirements of this chapter are not maintained. This prohibition shall not be construed to prevent the purchase or condemnation of narrow strips of land for public utilities or street right-of-way purposes.
   (D)   Yard use limitations.  
      (1)   No part of a yard or other open space required about any building or use for the purpose of complying with the provisions of this chapter shall be included as part of a yard or other open space similarly required for another building or use.
      (2)   Allowable encroachments in yards. Only the following structures and uses are permitted and may be encroachments in required yards as itemized in the following list.
Item
Allowable Encroachment
in Required Area
Yard Allowed
Item
Allowable Encroachment
in Required Area
Yard Allowed
1
Awnings attached - not more than 42 inches, or in C-1 district only - not more than 60- inches (includes ROW)
F
F
S
R
R
2
Arbors or trellises - detached
 
 
R
3
Arbors or trellises - attached - not more than 3 feet
F
 
R
4
Air conditioning equipment enclosures, only as necessary on existing homes
 
S
R
5
Balconies - not more than 5 feet
 
 
R
6
Bay windows - not extending to foundation and not more than 3 feet deep and not more than 50% of width of the room in which it is a part
F
 
R
7
Canopies, marquees - attached - C-1 District only - not more than 72 inches (includes over ROW)
F
F
 
R
R
8
Eaves or gutters - cantilevered not more than 3 feet
F
S
R
9
Fences, finished side of fence to face abutting property
F
S
F
10
Ornamental light standards
F
S
R
11
Parking spaces - except as otherwise provided
F
S
R
12
Playground and laundry drying equipment
 
 
R
13
Play houses and pergolas
 
 
R
14
Retaining walls - decorative block, brick, or stucco over plain block
F
S
R
15
Signs and nameplates - per sign regulations
F
S
R
16
Sills, belt courses, cornices and ornamental features of the principal building - not more than 24 inches
F
S
R
17
Steps and stairs, open, and handicap ramps - for access to and from a principal building when required on existing buildings
F
S
R
18
Patios, no more than 5 feet on existing structures
 
 
R
19
Trees, shrubs, and other plants
F
S
R
 
   (E)   One principal building on a lot. Every building hereafter erected, moved or structurally altered shall be located on a lot, and in no case shall there be more than one principal building and its customary accessory buildings on the lot, except in the case of specially designed complexes of institutional, residential, commercial or industrial buildings in an appropriate zoning district classification.
   (F)   Lot frontage. All lots shall front on a public street.
   (G)   Combining parcels or lots. If combining parcels or lots, all parcels or lots shall be in the same zoning classification.
   (H)   Recreational vehicles. Recreational vehicles shall not be permanently affixed to the ground or utilities as a principal building or accessory structure on any lot. Recreational vehicles shall not be occupied for dwelling purposes at any time, unless parked in an authorized recreational vehicle park.
   (H)   Recreational vehicles. Recreational vehicles shall not be permanently affixed to the ground or utilities as a principal building or accessory structure on any lot. Recreational vehicles shall not be occupied for dwelling purposes at any time, unless parked in an authorized recreational vehicle park or a temporary use permit has been approved.
   (I)   Temporary residence use. Trailer trailers/recreational vehicles/motor homes and campers shall be permitted as a temporary residence during the construction of the property owner's new single-family dwelling, major remodeling to the existing single-family dwelling or under certain unforeseen circumstances subject to the following requirements and conditions:
      (1)   Issuance of a Macon County building permit for a new single-family dwelling or for a major remodeling to an existing single-family dwelling.
      (2)   Issuance of a temporary use permit (TUP) for a period not to exceed one year. The temporary use permit may be renewed one time for six months and in no case shall it be valid for more than one-and-one-half years from the original issuance date.
      (3)   The temporary use permit shall become invalid upon completion, expiration or cancellation of the building permit. The TUP may be cancelled for non-compliance with the conditions as specific in the section.
      (4)   The property owner shall connect the temporary unit to an approved septic system, public sewer system or dispose of the wastewater in a lawfully approved way.
      (5)   The temporary unit shall comply with minimum building setbacks as the district in which it is placed.
      (6)   After construction is completed and upon issuance of a certificate of occupancy, the temporary unit shall be disconnected from all utilities and/or sewage disposal systems within 60 days and can no longer be occupied as a temporary dwelling unit.
(Ord. passed 10-1-07; Am. Ord. passed 10-20-08; Am. Ord. 2024-002, passed 3-4-24)