HomeMy WebLinkAboutORD 7289 COMPREHENSIVE ZONING ORDINANCE Ord 7289
COMPREHENSIVE ZONING ORDINANCE
OF
AUGUSTA-RICHMOND COUNTY, GEORGIA.
Editorial revision of the Ordinance adopted March 25, 1963, incorporating changes made
necessary by the Home Rule Provision of the Constitution of the State of Georgia of 1983, and
the consolidation of the City of Augusta and Richmond County, and other amendments between
November 15, 1983 and January 3, 2006 and September 7, 2011
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AN ORDINANCE BY THE AUGUSTA COMMISSION TO ADOPT A COMPREHENSIVE
ZONING PLAN, MAPS AND LAND USE REGULATIONS; TO REPEAL CONFLICTING
ORDINANCES AND FOR OTHER PURPOSES:
WHEREAS, the Augusta Commission, was authorized by the Home Rule Provision of
the Constitution of the State of Georgia of 1983 to: Establish planning commissions; provide for
the preparation and amendment of overall plans for the orderly growth and development of
municipalities and counties; provide for the regulation of structures on mapped streets, public
building sites, and public open spaces; repeal conflicting laws; and for other purposes; and
WHEREAS, the Augusta, Georgia Planning Commission, created and organized under
the terms of the aforementioned Home Rule Provision, has made a study and analysis of the
areas of Augusta, Georgia and the said study and analysis now are complete and a
Comprehensive Zoning Plan consisting of the maps and regulations described herein for the
purposes described in the title of this Ordinance are now ready for adoption; and .
WHEREAS, the Commission has held a public hearing on the proposed Comprehensive
Zoning Plan after giving more than fifteen (15) days notice of the time and place of such hearing
by publication in the Augusta Chronicle as provided by the official code of Georgia.
THEREFORE, BE IT ORDAINED by Augusta Commission as follows:
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TABLE OF CONTENTS
SECTION CHAPTER
PAGE
1 GENERAL PURPOSE 1-1
2 GENERAL DEFINITIONS 2-1
GENERAL PROVISIONS
3 Area and Setback Requirements 3-1
4 Off-Street Parking and Loading 4-1
5 Nonconforming Uses 5-1
USE DISTRICT CLASSIFICATIONS
6 District Definitions 6-1
AGRICULTURAL DISTRICT CLASSIFICATION
7 A (Agricultural) Zone 7-1
RESIDENTIAL DISTRICT CLASSIFICATIONS
8 R-1 (One-Family Residential) Zone 8-1
9 R-lA (One-Family Residential) Zone 9-1
10 R-1B (One-Family Residential) Zone 10-1
11 R-1C (One-Family Residential) Zone 11-1
12 R-1D (One-Family Residential) Zone 12-1
13 R-lE (One-Family Residential) Zone 13-1
14 R-MH (Manufactured Home Residential) Zone 14-1
15 R-2 (Two-family Residential) Zone 15-1
16 R-3A (Multiple-Family Residential) Zone 16-1
17 R-3B (Multiple-Family Residential) Zone 17-1
18 R-3C (Multiple-Family Residential) Zone 18-1
19 PUD (Planned Unit Development) Zone 19-1
20 PROFESSIONAL DISTRICT CLASSIFICATIONS
P-1 (Professional) Zone 20-1
BUSINESS DISTRICT CLASSIFICATIONS
21 B-1 (Neighborhood Business) Zone 21-1
22 B-2 (General Business) Zone 22-1
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TABLE OF CONTENTS
� SECTION CHAPTER
PAGE
INDUSTRIAL DISTRICT CLASSIFICATIONS
23 LI (Light Industry) Zone 23-1
24 HI (Heavy Industry) Zone❑ 24-1
SPECIAL DISTRICT CLASSIFICATIONS
25 HPA (Historic Preservation Area) Zone (DELETED) 25-1
25-A PDR (Planned Development Riverfront) Zone 25A-1
25-B SCA (Special Sign Control Area) Zone (DELETED) 25B-1
25-C River Watch Parkway (DELETED) 25G1
25-D Savannah River Corridor Protection District 25D-1
25-E Special District Classifications 25E-1
26 Special Exceptions in Any Zone 26-1
OTHER REGULATED USES
27 Manufactured Home Regulations 27-1
28 Airport Regulations 28-1
28-A Telecommunication Facilities 28A-1
28-B Signs 28B-1
28-C Adult Entertainment 28C-1
28-D Conservation Subdivisions 28D-1
� 29 Exceptions and Modifications 29-1
30 Building Permits and Site Plans 30-1
31 Certificate of Occupancy 31-1
32 Enforcement and Penalties 32-1
33 Board of Zoning Appeals 33-1
34 Location and Maintenance of Zoning Map 34-1
3 5 Amendments to the Ordinance 3 5-1
36 Effective Date 36-1
37 Severance Clause 37-1
•
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GENERAL PURPOSE
SECTION 1
For the purpose of promoting health, safety, morals and the general welfare of the people of
Augusta including, among other things, present conditions and the future growth of Augusta with
due regard to its relations to neighboring territory and to guide and accomplish coordinated,
adjusted, and harmonious development which will, in accordance with present and future needs,
best promote health, safety, morals, order, convenience, prosperity and general welfare as well as
efficiency and economy in the process of development, including, among other things, adequate
provision for traffic, the promotion of safety from fire and other dangers, adequate provision for
light and air, the promotion of good civic design and arrangement, wise and efficient
expenditure of funds, and the adequate provisions of public utilities and other public
requirements as will tend to facilitate economical and adequate provisions for transportation,
roads, soil conservation, water supply, drainage, education, sanitation, recreation, conservation,
and development of the State's natural resources, fostering the State's agriculture and other
industries, and protecting the State's food supply, for the purpose of lessening traffic and other
hazards to life, limb, and health in the thickly populated areas, and the civil defense of the
population.
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GENERAL DEFINITIONS
SECTION 2
Certain words and terms are defined as follows: Words used in the present tense include the
future; words in the singular number include the plural; and words in the plural number include
the singular. The word "building" includes the word "structure"; and the word "shall" is
mandatory and not directory. The term "Board of Zoning Appeals" shall mean the Augusta,
Georgia Board of Zoning Appeals. The term " Planning Commission" means the Augusta,
Georgia Planning Commission as provided for in Title 1 and Title 8 of the Augusta, Georgia
County Code by viriue of the Home Rule Provision of the constitution of the State of Georgia of
1983. "Commission" means the Augusta Commission. "Roads" include streets, avenues,
boulevards, roads, highways, lanes, circles, drives, freeways, viaducts, alleys, and other public
ways. "Subdivision" means the division of a lot, tract, or parcel of land into two or more lots,
plats, sites, or other divisions of land for the purpose, whether immediate or future, of sale or of
building development purposes other than agricultural. It includes re-subdivision, and when
appropriate to the content, relates to the process of subdividing or to territory subdivided.
"ACCESSORY BUILDING" shall mean a subordinate building not more than one (1) story in
height, the use of which is incidental to that of the main building on the same lot or of which it
forms an integral part of the same lot. Accessory buildings shall not be designed and used for
residential purposes. They shall not contain bedrooms. If an accessory building contains
kitchen facilities of any description, then a deed restriction must be recorded stating that the
accessory building is not a residential structure and can never be occupied as such before a
permit may be issued. Accessory buildings may not be used to conduct home occupations or
serve as home offices. In no case may an accessory building have a separate electrical service."
"ACCESSORY USE" shall mean the use customarily incidental and accessory to the principle
use of a building located upon the same building site as the accessory use.
"ADULT DAY CARE FACILITY" shall mean any place operated by a person, society,
agency, corporation, institution or group wherein are received for pay for group care, for fewer
than 24 hours per day of three (3) or more elderly or disabled persons that are over 17 years of
age.
"AIRPORT" shall mean Bush Field and Daniel Field.
"AIRPORT HAZARD" shall mean any structure or tree or use of land which obstructs the
airspace required for the flight of aircraft in landing or taking off at the airport or is otherwise
hazardous to such landing or taking off of aircraft.
"APARTMENT" shall mean a room, or suite of one or more rooms, which is designed or
intended for occupancy by, or which is occupied by, one family doing its own cooking therein or
by one person doing his or her own cooking therein.
"APARTMENT HOUSE" shall mean any building or portion thereof which contains three or
more apartments, the occupants of any two or more which use any entrance or hall in common,
and all living units of which are intended to be maintained under single ownership.
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"AUTOMOBILE SALES" or "STORAGE YARDS" or "LOTS" shall mean an open premise
used for storage or sale of complete and operable automobiles.
"AUTOMOBILE WRECKING YARD" or "AUTOMOBILE USED PARTS LOT" shall
mean any place where one or more vehicles not in running condition, or parts thereof, are stored
in the open or in any building or structure used principally for wrecking and storage of
automobiles not in running condition or automobile parts.
"BASEMENT" shall mean a room or story partly underground and having at least one-half of
its height above the average level of the adjoining ground. A basement shall be counted as a
half-story if used for dwelling or business purposes.
"BUFFER" shall mean that portion of a lot, tract, or parcel set aside for open space and visual
screening purposes, pursuant to applicable provisions of this Ordinance, to separate different use
districts, or to separate uses on one property from uses on another property of the same use
district or different use districts.
"BUILDING" shall mean a structure having a roof supported by columns or walls for the
shelter, support or enclosure of persons, animals, or chattels. When separated without
connections, each portion of such building shall be deemed a separate building.
"BUILDING HEIGHT" shall mean the vertical distance measured from the level of the
established grade opposite the middle of the front of the building, to the highest point of a flat
roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge for
a gable, hip, or gambrel roof.
"BUILDING LINE" shall mean a line between which line and any street line of a district, lot,
tract, or parcel of land, no building or part of a building may be erected, altered, or maintained.
"BUILDING, MAIN" "MAIN BUILDING" shall mean a building in which is conducted the
principal use of the lot on which it is situated. In any residential district any dwelling shall be
deemed to be a main building on the lot upon which the same is situated. Main building when
used with the reference to gound coverage shall mean the dimension of the dwelling with the
porches and garages excluded.
"BUILDING PERMIT" shall mean a written permit issued by the Chief Building Official of
Augusta, Georgia
"BUILDING LINE SETBACK" shall mean the distance between the building line and the
street line in a district, lot, tract, or parcel of land.
"CAFE" shall mean a restaurant having a seating capacity of less than 40 persons and
conducted consistent with Section 6-2-52 of the Augusta Georgia Code thereby regulating
alcohol licenses for eating establishments.
"CELLAR" shall mean a room or story having more than one-half of its height below the
average level of the adjoining ground. A cellar shall not be counted as a story for purposes of
measured height.
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"CHURCH" shall mean buildings and facilities owned or operated by a corporation,
association, person, or persons for a social, educational, religious or recreational purpose, but not
primarily for profit or to render a service which is customarily carried on as a business.
"CLUB" shall mean buildings and facilities owned or operated by a corporation, association,
person, or persons for a social, educational, religious or recreational purpose, but not primarily
for profit or to render a service which is customarily carried on as a business.
"COMMISSION" shall mean the Augusta-Richmond County Planning Commission. DELETE
"CONDOMINIUM" shall mean an individual ownership unit in a multifamily structure,
combined with joint ownership of common areas of the building and grounds, in accordance with
all applicable provisions of the Apartment Ownership Act of 1963, as amended (Georgia Laws,
1963).
"CONGREGATE PERSONAL CARE HOME" shall mean a building occupied by the
property owners, or by a person or persons employed by the property owners, and also occupied
by sixteen or more unrelated individuals who reside there and receive care and/or supervision
from the property owners or persons in their employment.
"CONSERVATION SUBDIVISION — shall mean a subdivision where a large percentage of
the overall acreage of the tract is permanently protected as greenspace and the remainder is
divided into lots.
"DAY CARE CENTER" shall mean any place operated by a person, society, agency,
corporation, institution or group wherein are received for pay for group care, for fewer than 24
hours per day without transfer of legal custody 19 or more children under 18 years of age.
"DEPENDENT TRAVEL UNIT" shall mean a Travel Unit other than a self-contained Travel
Unit.
"DWELLING" shall mean any building, or portion thereof, which is designed or used
exclusively for residential purposes.
"DWELLING, ONE-FAMILY" OR "ONE-FAMILY DWELLING" shall mean a building
containing but one housekeeping unit, and designed and used to house not more than one family
in a permanent manner, which may include not more than two boarders or lodgers.
"DWELLING, TWO-FAMILY" OR "TWO-FAMILY DWELLING" shall mean a building
containing not more than two housekeeping units, and designed or used to house not more than
two families, living independently of each other, each of which may include no more than two
lodgers or boarders.
"DWELLING, MULTI-FAMILY" OR "MULTI-FAMILY DWELLING" shall mean a
building designed for, or portion of a building having accommodations for, three or more
families being independent of each other, and each having its own kitchen and bath facilities.
This term includes premises occupied more or less permanently for residential purposes in which
the rooms are occupied in aparhnents, suites, or groups such as apartment units, tenement
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houses, flats, apartment hotels, bachelor apartments, studio apartments, kitchenette apartments,
and all other dwellings similarly occupied.
"EXPRESSWAY" shall mean a divided highway for through traffic with full or partial control
of access and generally with grade separations at intersections. It contains two lanes or more for
traffic going in opposing directions and divided by a median strip and designed so as to protect
the opposing flows of traffic and thus increase the safety and practical capacity of the road for
regional and inter-regional traffic.
"FAMILY" shall mean a group of one or two persons, or parents with their direct descendants
and adopted children (and including the domestic employees thereo fl, together with not more
than two persons not so related, living together in a room or rooms comprising a single
housekeeping unit. Family does not include a group occupying a club, sorority, or fraternity
house.
"FAMILY DAY CARE HOME" shall mean a private residence operated by any person who
receives therein for pay for supervision and care fewer than 24 hours a day, without transfer of
legal custody, three but not more than six children under 18 years of age who are not related to
such persons and whose parents or guardians are not residents in the same private residence.
"FAMILY PERSONAL CARE HOME" shall mean a building occupied by the property
owners, or by a person or persons employed by the property owners, and also occupied by three
but not more than six unrelated individuals who reside there and receive care and/or supervision
from the property owners or persons in their employment.
"FILLING STATION" shall mean any building or premises used solely for storing, dispensing,
servicing, sale, or offering for sale, at retail of any automobile fuels and lubricants and/or
automobile accessories, but not including major automobile repairing.
"FLEA MARKET" shall mean property which the owner rents, lends or leases the premises to
persons for use as a marketplace to barter, exchange, or sell secondhand goods. Yard sales at
residences are not flea markets, and craft shows shall not constitute flea markets.
"FRATERNAL ORGANIZATION" shall mean buildings and facilities owned or operated by
a corporation, association, person, or persons for a social, educational, religious or recreational
purpose, but not primarily for profit or to render a service which is customarily carried on as a
business.
"FRONTAGE" shall mean the distance for which property abuts one side of a street, road,
highway, or other public way measured along the dividing line between the property and such
road or highway or other public way.
"FRONTAGE ROADWAY" or "ACCESS STREET" shall mean a roadway contiguous to
and generally paralleling an interstate highway, expressway, major street or highway, or through
street or highway and designed so as to intercept, collect and distribute traffic desiring to cross,
enter, or leave such facility and to furnish access to property which would otherwise be isolated
as a result of controlled access features peculiar to topographic conditions.
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"FUNERAL HOME" shall mean a building or part thereof used for human funeral services.
Such building may contain space and facilities for:
a) embalming and the performance of other services used in preparation of the dead
for burial;
b) the performance of autopsies and other surgical procedures;
c) the storage of caskets, funeral urns, and other related funeral supplies; and
d) the storage of funeral vehicles, but shall not include facilities for cremation.
Where a funeral home is permitted, a funeral chapel shall also be permitted.
"GARAGE" shall mean a building used for the storage or housing of motor driven vehicles.
"GARAGE, PRIVATE" OR "PRIVATE GARAGE" shall mean a garage intended for, and
owned or used by, the members of a family resident upon the premises, provided that not more
than one-half of the garage space may be rented for private vehicles owned or used by persons
not residing on the premises, except that all the space in a garage of one- or two-car capacity
may be so rented. Such a garage shall not include those used by more than one (1) commercial
vehicle per family resident on the premises, and no such commercial vehicle shall exceed two (2)
ton capacity, nor shall such garage provide for the repair or equipping of such vehicles.
"GARAGE, SERVICE" shall mean a garage used for repair of vehicles.
"GARAGE, STORAGE" shall mean a garage used primarily for storage of vehicles.
"GOVERNING BODY" shall mean the Augusta Commission.
"GREENSPACE" shall mean an area permanently protected for the common use of the general
public or for the common use of the residents of a development, and in its natural state or
developed only to an extent conforming to these regulations.
"GROUP DAY CARE HOME" shall mean any place operated by a person, society, agency,
corporation, institution or group wherein are received for pay not less than seven nor more than
18 children under 18 years of age for care and supervision less than 24 hours a day.
"GROUP PERSONAL CARE HOME" shall mean a building occupied by the property
owners, or by a person or persons employed by the property owners, and also occupied by seven
but not more than fifteen unrelated individuals who reside there and receive care and/or
supervision from the property owners or persons in their employment.
"GUEST ROOM" shall mean a room which is designed or intended for occupancy by, or which
is occupied by, one or more guests, but in which no provision is made for cooking, and not
including dormitories for sleeping purposes.
"HOME OCCUPATION" shall mean an activity carried out for gain by a resident conducted
as an accessory use in the resident's dwelling unit.
"HOMEOWNERS ASSOCIATION" shall mean an incorporated, nonprofit organization
operating under recorded land agreements through which (a) each lot owner in a planned unit or
other described land area is automatically a member, and (b) each lot is automatically subject to
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a charge for a proportionate share of the expenses for the organization's activities, such as
maintenance of common property.
"HOSPITAL" shall mean an institution providing health services primarily for human in-
patient medical or surgical care for the sick or injured and including related facilities such as
laboratories, outpatient departments, training facilities, central services facilities, and staff offices
that are an integral part of the facilities.
"HOTEL" shall mean any building containing sleeping rooms for the more or less temporary
occupancy of individuals who are lodged, with or without meals, where guest rooms are accessed
through a central area or main lobby, and where the structure exceeds two stories in height.
"HOTEL - EXTENDED STAY" shall mean a building containing guest rooms rented for
temporary lodging where guest rooms are accessed through a central area or main lobby and
where half or more than half of the rooms have kitchenettes or some kitchen facilities.
"HOTEL, APARTMENT" shall mean any building which satisfies both the definition of a
multiple-dwelling house and that of a hotel as defined by this section.
"INERT FILL AREA" shall mean a disposal facility accepting only materials limited to earth,
earth-like products, concrete, cured asphalt rock, bricks, yard trimmings, stumps, limbs, and
leaves. This definition excludes industrial and demolition waste not specifically listed above.
For the purpose of this ordinance, filling of land which is not specifically related to a subdivision
development plan or a site plan which has been filed with the Planning and Development
Department shall be defined as an inert fill area if the volume of fill is expected to exceed 5,000
cubic yards.
"INTERSTATE HIGHWAY" shall mean a divided highway with limited access designed
primarily for interstate travel. It is an integral part of a nationwide highway network connecting
principal cities, with four or more traffic lanes separated by a median strip to provide m�imum
safety for motorists.
"JUNKI'ARD" shall mean any place where waste, discarded or salvaged materials are bought,
sold, exchanged, stored, baled, cleaned, packed, disassembled, or handled; including automobile
wrecking yards, automobile used parts lots, used lumber yards, salvaged building materials,
salvaged household appliances, or other types of machinery; but excluding establishments for the
sale, purchase, or storage of used automobiles in running condition, used furniture, or salvaged
materials used as part of a manufacturing process on the same site.
"LAND" or "TERRITORY SUBDIVISION" shall mean a parcel or tract of land, the
dimensions of which are shown on a map and filed with the Clerk of the Superior Court of
Augusta-Richmond County, Georgia, as of the date of the adoption of this Ordinance.
"LANDING AREA" shall mean the area of the airport used for the landing, takeoff, or taxiing
of aircraft.
"LANE" shall mean a public thoroughfare which ordinarily affords only a secondary means of
access to abutting property and which is not more than twenty (20) feet wide.
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"LOCAL GOVERNMENT ENTERPRISES" shall mean the Augusta Commission
governmental functions such as schools, municipal or county office buildings, playgrounds,
parks, reservations, public transit terminals, public golf courses, fire stations, police stations and
substations, and similar institutional uses.
"LODGING" or "BOARDING HOUSE" shall mean a building designed or used for the more
or less permanent occupancy, with or without meals, of more than two lodgers or boarders
whether the compensation be paid directly or indirectly.
"LOT" or "LOT PLAT" shall mean a lot or a parcel of land occupied, or intended to be
occupied by, a principal building or use and any accessory building and uses customarily
incidental to it, and including open spaces not less in extent than those required in connection
therewith by the Ordinance. For the purpose of this Ordinance, the terms lot, parcel, and tract
are used synonymously.
"LOT, CORNER" "CORNER LOT" shall mean a lot which abuts on two or more streets
and/or roads at their intersection or upon a curved street, provided that the two sides of the lot, or
the tangents to the curve of the street line at its starting points at or within the side lines of the
lot, intersects to form an interior angle of not more than 135 degrees.
"LOT DEPTH" shall mean the distance between front and rear lot lines. If two (2) opposite
sides of said lot are not parallel, the depth shall be deemed to be the mean distance between the
front and rear lot lines.
"LOT WIDTH" shall mean the width of the lot measured at the setback line.
"LOT LINE, FRONT" shall mean any lot line contiguous to a street right-of-way.
"LOT LINE, REAR" shall mean the rear lot line boundary opposite the lot line which the
principal building fronts. The rear lot line of an irregular or triangular lot shall be for the
purpose of this Ordinance a line not less than ten (10) feet long, lying wholly within the lot, and
parallel to and farthest distance from the front lot line.
"LOT OF RECORD" is a parcel of land the dimensions of which are shown on a map on file
with the Clerk of Superior Court of Richmond County, Georgia, or in common use by county
officials, and which actually exists as so shown, or any part of such parcel held in a recorded
ownership separate from the ownership of the remainder thereof. All lots recorded after
adoption of this Ordinance shall front on and have ingress and egress by means of a public street,
road, highway or private lane. ,
"LOT LINE, SIDE" shall mean a side lot boundary line that is not a front lot line or a rear lot
line.
"MANUFACTURED HOME" a structure, transportable in one or more sections, which, in the
traveling mode, is eight body feet or more in width and forty body feet or more in length, or,
when erected on site, is three hundred twenty or more square feet, and which is built on a
permanent chassis and designed to be used as a dwelling with or without a permanent
foundation.
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permanent chassis and designed to be used as a dwelling with or without a permanent
foundation.
"MANUFACTURED HOME PARK" shall mean any site, lot, parcel, or tract of land upon
which two or more manufactured homes are placed in accordance with Section 27 of this
Ordinance.
"MANUFACTURED HOME SPACE" shall mean a unit of ground, as prescribed by Section
27 of this Ordinance, which shall be clearly indicated by corner markers on which may be placed
a Manufactured Home as defined by this Ordinance.
"MAP, OFFICIAL" "OFFICIAL MAP" shall mean the official zoning map of Augusta
which shows the boundaries of the various districts superimposed upon the Property Map and
Record System for Augusta, Georgia.
"MASTER PLAN" shall mean any legally adopted part, maps, or element of any Master Plan
as provided for in Title 8 of the A�ug�st.�, C�°earg�a Code by virtue of the Home Rule Provision of
the Constitution of the State of Georgia of 1983. Such Master Plan may be entitled a
"Comprehensive Plan", "Land Use Plan", or other similar terminology.
"MINI-WAREHOUSE" shall mean a one-story building with separate enclosed compartments
for the storage of personal goods.
"MOTEL" shall mean any building containing sleeping rooms for more or less temporary
occupancy of individuals who are lodged with or without meals and where the design favors a
direct vehicular approach to each sleeping or living room. Any building or structure exceeding
two stories in height shall be classified as a Hotel rather than a Motel.
"MOTEL - EXTENDED STAY" shall mean a building containing guest rooms rented for
temporary lodging where the design favors a direct vehicular approach to each room and where
more than two rooms have kitchenettes or some kitchen facilities.
"NATURAL GRADE" shall mean the elevation of the ground adjoining the building.
"NON-CONFORMING USE" shall mean any use of land, buildings, trees, or structures that
did not conform to the regulations of the district in which it was situated as of March 25, 1963 or
at such time as amendments to this Ordinance occur.
"NURSING HOME" shall mean a facility that provides full health and continuous nursing care
of three (3) or more elderly or disabled persons but not including hospitals, clinics, or similar
institutions devoted primarily to diagnosis and treatment.
"PARKING LOT" shall mean a parcel of land devoted to unenclosed parking spaces which
may include partially enclosed one-story buildings, and where a charge is made for storage or
parking of vehicles.
"PARKING LOT, ACCESSORY" shall mean a parcel of land used by an individual,
partnership, firm, or corporation in any commercial or industrial district exclusively for the
parking of vehicles of its employees or customers, and for which no charge is made.
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"PARKING SPACE" shall mean an area of appropriate dimensions per Section 4 of this
Ordinance, exclusive of access or maneuvering area, or ramps or columns, etc., to be used
exclusively as a temporary storage space for private motor vehicles. Truck loading space shall
not be included in such area. When the application of a unit of ineasurement for parking spaces
to a particular use or structure results in a fractional space, any fraction under one-half shall be
disregarded and fractions of one-half or over shall be counted as one space.
"PAROCHIAL SCHOOL" shall mean a facility that provides a curriculum of elementary
and/or secondary academic instruction that is owned and operated by a religious institution.
PERMANENT PROTECTION - LAND AND/OR WATER WHICH IS:
(1) Owned by the Federal, State, or Local Government and permanently designated
for recreation, conservation, or natural resource protection; or
(2) Privately owned and subject to a conservation easement that ensures that the land
will be maintained as greenspace and used only in perpetuity for recreation,
conservation, or natural resource protection; or
(3) Privately owned and subject to a permanent restrictive covenant provided for in
O.C.G.A. 44-5-60 (c); or
(4) Privately owned and permanently legally protected by any other method that
ensures that the property will remain forever as greenspace and be used only for
recreation, conservation, or natural resource protection.
"PERMITTED USE" shall mean a use of land that is permitted or allowed "by right", and does
not constitute a nonconforming use, and therefore requires no further rezoning or granting of a
special exception.
"PERSON" shall mean any individual, firm, copartnership, corporation, company, association,
joint stock association or body politic, and includes any trustee, receiver, assigns or other similar
representative thereo£
"PERSONAL CARE HOME" shall mean a building occupied by the properiy owners, or by a
person or persons employed by the property owners, and also occupied by unrelated individuals
who reside there and receive care and/or supervision from the property owners or persons in their
employment. A personal care home shall provide care for elderly andlor handicapped persons.
Personal Care Homes shall be classified as: Family Personal Care Homes, Group Personal Care
Homes, and Congregate Personal Care Homes.
"PLANNING COMMISSION" shall mean the �.ugust�, Cr�%�� Planning Commission.
"PLANTING STRIP" shall mean the portion of the street between the curb and the property
line exclusive of the area occupied by the sidewalk.
"PRIVATE SCHOOL" shall mean a facility that provides a curriculum of elementary andlor
secondary academic instruction that is owned and operated by a private entity.
"PUBLIC NOTICE" shall mean a notice published once in a newspaper of general circulation
in Aug�s�,�=�e�r�� at least 15 days prior to a public hearing concerning proposed changes or
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amendments to this Ordinance including the maps thereto, setting forth the time, place, and
purpose of said hearing, shall be deemed a public notice.
"RECREATIONAL VEHICLES" For the purpose of this ordinance, any of the following
vehicles designed for travel, recreation, and vacation uses: motorhome ( a portable, temporaxy
dwelling constructed as an integral part of a self-propelled vehicle); van ( a portable, temporary
dwelling constructed as an integral part of a self-propelled vehicle); pickup camper (a structure
designed to be mounted on a truck chassis); recreational trailer (a portable structure built on a
single chassis, 400 square feet or less when measured at the largest exterior horizontal
projections); park trailer (a semi-portable structure built on a single chassis which does not
exceed 400 square feet when constructed to ANSI A-119.5 standards, and 500 square feet when
constructed to USDHUD standards); or tent trailer (a canvas or synthetic fiber folding structure
mounted on a hard body base and towed by a vehicle).
"RESTAURANT" shall mean an eating establishment having a seating capacity of at least 40
persons and conducted consistent with Section 6-2-52 of the Augusta Georgia Code thereby
regulating alcohol licenses for eating establishments.
"ROADWAY" "TRAVELED WAY" or "STREET SURFACE" shall mean that portion of a
road which is improved, designed, or ordinarily intended for vehicular use. Divided roads and
roads with frontage or access roads have more than one roadway. On undivided roads without
frontage roadways or access roads, the roadway width lies between the curb lines or between the
pavement edges, whichever is appropriate.
"SERVICE BUILDING" shall mean a building or structure located within a Manufactured
Home Park or Travel Trailer Park for the welfare and convenience of the occupants of the
Manufactured Home Park or Travel Trailer Park within which such Service Building is located.
Such Service Building shall not be made available for the use of any person not residing in the
Manufactured Home Park or Travel Trailer Park within which such Service Building is located.
"SETBACK" shall be an unoccupied area of a lot, open and unobstructed from the ground to
the sky, except as otherwise provided for in this Ordinance. For the purpose of this Ordinance
the words "setback" and "yard" are synonymous.
"SINGLE-FAMILY ATTACHED BUILDING" shall mean a building containing two or more
single- family attached dwelling units joined at one or more points by one or more party walls or
other common facility not including the walls of an enclosed courtyard or similar area.
"SINGLE-FAMILY ATTACHED DWELLING" shall mean a dwelling unit on an individual
lot attached to another dwelling unit on an adjoining lot by a common party wall.
"SINGLE-FAMILY ATTACHED SUBDIVISION" shall mean a subdivision development of
a single-family attached or other dwellings developed in accordance with the provisions of
Section 13 and the Subdivision Regulations for �.�€gust� ���������
"STORY" shall mean the vertical distance of a building included between the surface of any
floor and the surface of the next floor above it, or if there be no floor above it, then the space
between such floor and ceiling next above it, provided that a cellar shall not be considered a
story. Attic or basement space is construed as one-half.
2-10
"STREET" shall mean a public thoroughfare, where public title to land extends between right-
of-way lines. Whenever the sense of the law or these regulations so require, the word "Street"
shall include avenue, drive, circle, road, highway, or similar terms as they are generally
understood.
"STREET, ARTERIAL" shall mean a street designated as either a principal arterial or a minor
arterial that is a facility of such significance that it serves traffic passing through the Augusta
area or connects rural and urban traffic or serves major traffic movements within the urbanized
area. Arterial streets in Augusta have been designated by the functional classification system
adopted by the Augusta Regional Transportation Study.
"STREET, COLLECTOR " shall mean a street that provides both land access service and
traffic circulation within residential, commercial, and industrial areas. Collector streets are
facilities which collect traffic from internal local streets and distribute it to the arterial system.
Collector streets in Augusta have been designated by the functional classification system adopted
by the Augusta Regional Transportation Study.
"STREET, DEAD END" shall mean a street with no outlet at one end.
"STREET GRADE" shall mean the grade of the curb or centerline of the street upon which the
lot abuts at the midpoint of the frontage.
"STREET, INDUSTRIAL" or "BOULEVARD" shall mean a street of some continuity used
primarily by all forms of commercial or industrial vehicular traffic and used for
intercommunication between commercial axeas and residential areas and industrial districts, or
between industrial districts.
"STREET LINE" or "RIGHT-OF-WAY LINE" shall mean the dividing line between a lot,
its property line or lines, and a public right-of-way, a public street, road or highway, over which
two or more abutting property owners have an easement of right-of-way.
"STREET, MAJOR " or "HIGHWAY" shall mean a highway used primarily for through
traffic, usually on a continuous route, with intersections at grade and having direct access to
abutting property, and on which geometric design and traffic control measures are used to
expedite the safe movement of through traffic.
"STREET, MINOR" or "LOCAL" shall mean a street primarily for access to abutting
property.
"STREET, RURAL" or "ROAD" shall mean a street supplementary to the major street
system, which primarily serves agricultural areas or other lands not subdivided for residential
use.
"STREET WIDTH" shall mean the horizontal distance between the right-of-way lines of the
street, measured at right angles to the right-of-way lines.
"STRUCTURE" shall mean anything constructed or erected, the use of which requires more or
less permanent or semi-permanent location on the ground or the attachment to something having
2-11
a permanent location on the ground or water. (The term shall include all types of buildings,
houses, gazebos, above-ground swimming pools, in-ground swimming pools, hot tubs, heating
and air conditioning equipment, house trailers, manufactured homes, stores, commercial
manufactured units, gasoline canopies and gasoline ptunps, car washes, advertising signs,
billboards, structures from which products are vended, and tents and canopies which are in place
more than two consecutive days during any calendar quarter).
"STRUCTURAL ALTERATION" shall mean any change in the supporting members of a
building or structure, such as bearing walls, columns, beams, girders, floor joists, or roof joists,
or in the exterior walls.
"SUBDIVISION" shall mean the division of a lot, tract or parcel of land into two or more lots,
plats, sites or other division of land for the purpose, whether immediate or future, of sale or of
building development for purposes other than agricultural. It includes re-subdivision and, when
appropriate to the context, relates to the process of subdividing or to the land or territory
subdivided.
"TAVERN" shall mean a drinking establishment having a seating capacity of less than 40
persons conducted consistent with Section 6-2-51 of the Augusta Georgia Code thereby
regulating alcohol licenses (excluding dancing and entertainment).
"THROUGH STREET" or "HIGHWAY" shall mean every street or highway or portion
thereof at the entrance to which vehicular traffic from intersecting highways is required by law to
stop before entering or crossing the same and when stop signs are erected. It generally is radial
or circumferential in relation to present heavily populated areas and is intended to provide
continuous, wide, direct and adequate routes designed to insure the future stability of the
expanding urban areas within Augusta and the region. They usually include all state and federal
highways not otherwise designated in the Master Plan.
"TOURIST HOUSE" shall mean a private dwelling that supplies temporary accommodations
to overnight guests for a fee which may or may not include the preparation of ineals.
"TRANSITION HOUSING" shall be housing designed for and/or used for occupancy
predominantly by a series of short term tenants. For the purpose of administering and enforcing
Section 26-1 (g) of this Ordinance short term shall be defined as less than 120 consecutive days.
The following uses and similar uses shall be considered to be transition housing: temporary
quarters for occupancy by visitors to area hospitals, a facility for victims of physical abuse, and
temporary quarters for tenants receiving assistance from public or private social programs.
"TRAVEL TRAILER" shall mean a vehicular portable structure, designed as a temporary
dwelling for travel, recreational, and vacation uses, which is identified on the unit as a Travel
Trailer and is not more than eight (8) feet in body width, and is of any weight provided its length
is not more than twenty-nine (29) feet, and is of any length provided its gross weight, factory-
equipped for the road, is not more than 4,500 pounds.
"TRAVEL TRAILER PARK" shall mean any site, lot, parcel, or tract of land upon which
Travel Units are placed in accordance with the requirements of this Ordinance.
"TREE" shall mean any object of natural growth.
2-12
"VETERINARIAN CLINIC" shall mean a facility that provides medical treatment for diseases
and injuries to animals. A veterinarian clinic may have some indoor boarding of animals that is
incidental to and associated with the primary goal of the facility which is providing care and
treatment to animals.
"YARD" shall mean an unoccupied area of a lot, open and unobstructed from the ground to the
sky, except as otherwise provided in this Ordinance.
"YARD, FRONT" shall mean an open space extending the full width of a lot and of a depth
measured horizontally at right angles from the front lot line to the front of the structure.
"YARD SALE" shall mean an infrequent event (less than three (3) times per calendar year and
lasting no more than three days) conducted on property in R-Zoned districts where used
household goods and personal items are offered for sale to the general public by the owner or
tenant of the property or by a group of owners or tenants. Holding three (3) or more yard sales
during a calendar year at the same address shall be considered to be a retail use and the property
owner shall be required to obtain a suitable zoning classification prior to continuing the activity.
"YARD, SIDE" shall mean an open space extending along the side line of a lot between the
front yard and the rear yard and of a width measured horizontally at right angles from the side lot
line to the side of the structure.
"YARD, REAR" shall mean an open space extending the full width of a lot of a depth measured
horizontally at right angles from the rear lot line to the rear of the structure.
Amended August 2011 — Drinking Establishments
Amended July 2011- Cafe, Restaurant, Tavern
Amended January 2008 — Accessory Buildings & Recreational Vehicles
2-13
GENERAL PROVISIONS
SECTION 3
AREA AND SETBACK REQUIREMENTS
3-1 Area and Setback Requirements: Except as hereinafter provided, no building or
structure shall be erected on a lot unless such building or structure, enlargement, addition,
or alteration conforms with the area regulations and setback requirements of the zone in
which it is located.
3-2 Reduction of Lot Area: No lot shall be reduced or diminished so that the yards, other
open space, or total lot area shall be smaller than prescribed by this Ordinance nor shall
the density of housing units be increased in any manner except in conformity with the
regulations herein established.
3-3 Recorded Lots Less Than Minimum Area: Lots of Record at the time of enactment of
this Ordinance, which have less than the minimum requirements for an R-Zone, may
nevertheless be used for uses permitted in respective zones if all standards other than
those related to lot area can be met. All other lots in an R-Zone shall be in accordance
with the respective zone requirements.
3-4 Yards Applying to Only One Building: No required yard or other open space around
an existing building, or which is hereafter provided around any other building for the
purpose of complying with the provisions of this Ordinance, shall be considered as
providing a yard or open space for any other building; nor shall any yard or other
required open space on an adjoining lot be considered as providing a yard or open space
on a lot whereon a building is to be erected.
3-5 Only One Main Building on a Lot: Every building hereafter shall be located on a lot
herein defined. In no case shall there be more than one main residential building and its
accessory building on one lot. Row dwellings or a unit goup of dwellings may be
considered as one main residential building.
3-6 Intersection Visibility and Corner Setback: In all zones, except B-2, LI, and HI Zones,
no construction, fence, hedge, bushes, or other obstruction to a clear view which extends
' over three (3) feet in height shall be permitted at any corner of intersecting streets where
either or both of the streets are less than sixty (60) feet in width within the area formed by
the legs of a triangle whose apex is a point of intersection of the centerline of the
traveled roadways and the legs of which are sixty (60) feet in length along the
centerlines, and the hypotenuse of which is the line connecting the end of said legs.
Exceptions shall be made for utility pole lines, lighting standards, post office boxes,
traffic signs, and trees, the branches of which are kept trimmed to a height of eight (8)
feet above the gound.
3-7 Front Yard on a Through Lot: At each end of a through lot there shall be a front yard
depth required by this Ordinance for the zone in which each street frontage is located.
3-8 Group Housing: DELETED
3-1
3-9 Building Setbacks: DELETED
Building Setbacks: On every road, street, or highway, which conforms to the definition
of arterial, collector, industrial or major streets or highways, no building, structure, or
obstruction or part of a building or structure or obstruction of any character shall be
erected on any land abutting the road, street, or highway nearer than forty (40) feet from
the right-of-way line of such road, street, or highway. On all other streets the minimum
setback shall be 30 feet., except that in the various zones the minimum setback may be
reduced or increased as set forth under the provisions for those specific zones. This
setback shall not apply to any sign advertising the principal use of the property on which
such sign is erected or placed; provided, however, that no part of any such sign or its
supporting structure shall be placed nearer than ten (10) feet from the right-of-way line of
any road, street, or highway. Off Premises Outdoor Advertising Signs as defined in this
Ordinance, shall not be thus exempted shall meet all setbacks required for other structures
as provided elsewhere in this Ordinance. No sign of any kind shall be located within any
setback required under Section 3-12 of this Ordinance.
3-11 Building Setbacks: These regulations regarding building setbacks shall be applicable to
any new roads, streets, or highways hereafter laid out to the same extent as to roads,
streets, or highways in existence and of public record at the time of the adoption of this
Ordinance. They shall likewise be applicable to any roads, streets, or highways or areas
which have been or may be designated as arterial highways on any Thoroughfare Plan,
adopted by Augusta, Georgia or by the United States Department of Transportation or
State Governmental Authority showing the location, or proposed location, of roads,
streets, or thoroughfares in Augusta, Georgia The only sign of any kind shall be the
standard highway sign marking system.
3-12 Special Building Setbacks: No building, structure, or part thereof or obstruction
of any character including the minimum required off-street parking spaces for a
land use included in Section 4 of this Ordinance, shall be erected, or altered,
regardless of the use thereon, on any lot:
(a)* Nearer than forty (40) feet from the right-of-way line on either side of
Fifteenth Street from Wrightsboro Road to Martin Luther King Jr.
Boulevard.
(b)* DELETED.
(c)* Nearer than forty-five (45) feet from the right-of-way line on either side
of Claussen Road from a point 1000 feet south of its intersection with the
CSX Railroad line south to the intersection with Stevens Creek Road.
(d)* Nearer than one hundred (100) feet from the centerline of Windsor Spring
Road from Tobacco Road to Patterson Bridge Road.
(e)* DELETED
( fl* DELETED
(g) DELETED
(h)* Nearer than forty (40) feet from the right-of-way line on either side of
Bertram Road.
(i)* DELETED.
3-2
(j) Nearer than forty (40) feet from the right-of-way line on either side of
Berckmans Road from Washington Road to Wheeler Road.
(k) Nearer than forty (40) feet from the right-of-way line of either side of
Wrightsboro Road from Highland Avenue to Fifteenth Street.
(1)* Nearer than forty-five (45) feet from the right-of-way line of Pleasant
Home Road from Washington Road to the Bobby Jones Expressway.
(m) DELETED
(n)* Nearer than forty-five (45) feet from the right-of-way line of Flowing
Wells Road from Wrightsboro Road to Frontage Road.
(o) Nearer than forty (40) feet from the right-of-way line of Stevens Creek
Road from Frontage Road to the Columbia County Line.
(p) Nearer than forty (40) feet from the right-of-way line of Marks Church
Road from Wrightsboro Road to Wheeler Road.
(q)* DELETED
(r)* Nearer than forty-five (45) feet from the right-of-way line of
Meadowbrook Drive from Windsor Spring Road to Deans Bridge Road.
(s)* Nearer than seventy (70) feet from the right-of-way line of Wrightsboro
Road from Barton Chapel Road to the Richmond/Columbia County Line
except for the area around the Dyess Parkway intersection which has
already been widened to five or more lanes. This excluded area begins
500 feet east of the intersection of Powell Road and ends 1000 feet west of
the intersection of Dyess Parkway.
(t) Nearer than forty (40) feet from the right-of-way line of Milledgeville
Road from the east intersection with Gordon Highway (U. S. Highway
#78, #278) to the west intersection with Gordon Highway (U. S. Highway
#78, #278) near Madrid Drive.
(u)* Nearer than forty-five (45) feet from the right-of-way line of Phinizy
Road from U. S. Highway #25 to State Highway #56.
(v)* Nearer than forty-five (45) feet from the right-of-way line of Rosier Road
from Windsor Spring Road to U. S. Highway #25.
(w)* Nearer than forty-five (45) feet from the right-of-way line of Barton
Chapel Road from Wrightsboro Road to Gordon Highway.
(x)* Nearer than forty-five (45) feet from the right-of-way line on either side
of Alexander Drive.
(y)* Nearer than forty-five (45) feet from the right-of-way line of Brown
Road from U. S. Highway #25 to State Highway #56.
(z)* Nearer than forty-five feet from the right-of-way line of Willis Foreman
Road from U. S. Highway #1 to U. S. Highway #25.
(aa) Nearer than forty (40) feet from the right-of-way line of Hephzibah-
McBean Road from Story Mill Road to GA Highway 56.
(bb) Nearer than forty (40) feet from the right-of-way line of old Waynesboro
Road from GA Highway 56 to Burke County Line.
(cc) Nearer than forty (40) feet from the right-of-way line of Powell Road from
Wrightsboro Road to Gordon Highway.
(dd) Nearer than forty (40) feet from the right-of-way line of Belair Road, from
Wrightsboro Road to Wrightsboro Road.
(ee) Nearer than forty (40) feet from the right-of-way line of Morgan Road
from Tobacco road to US Highway #1.
3-3
(f� Nearer than 70 feet from the right-of-way of S.R. 56 from Tobacco Road
to Bennock Mill Road.
Amended August 2008 — Section 3-12 (f�
Amended August 2008 — Section 3-12 (� (g) &(m) - deleted
Amended January 2005 — Section 3-12
Amended August 2004 - Section 3-12 (s)
3-4
GENERAL PROVISIONS
SECTION 4
OFF-STREET PARKING AND LOADING
Purqose: In order to relieve traffic congestion in the streets, to minimize any effects of off-
street parking areas on adjacent properties, and to ensure the proper and uniform development of
off-street parking areas throughout Augusta, off-street parking and loading spaces for every use
► shall be provided in accordance with the standards established in this section.
4-1 General Requirements for Off-Street Parking: Following are the general requirements
for this section:
(a) All off-street automobile storage or parking facilities shall be designed with
appropriate means of vehicular access to a street or lane. Except for single-family
or two- family dwellings fronting on a minor or local street, no required off-street
parking facilities shall be arranged so as to require backing from the space
directly onto a public street.
(b) General off-street parking plans shall be submitted as part of a proposed site plan.
Such plans shall show the proposed layout of all parking areas, the total number
of off-street parking spaces to be provided, and the dimensions of the typical
individual parking space. Off-street parking plans including driveways and curb
cuts shall be approved by the Planning and Development Department Staff.
(c) Individual parking spaces shall have the minimum dimensions of nine (9) feet in
width and eighteen (18.0) feet in length unless off-street parking is to be provided
in common parking bays or lots. Common parking bays or lots shall meet the
minimum dimensional requirements illustrated in the following chart.
(d) All common off-street parking bays shall be graded to provide adequate drainage
and shall be paved with an all weather material or equivalent surface subject to
the approval of the City Engineer.
(e) Along those lot lines of an off-street parking area which abuts a residential
district, a solid screen (i.e. fence, wall, or berm) of no less than six (6) feet in
height shall be erected. The screen shall conform to the Augusta Tree Ordinance
and continue for the entire length of the property line abutting a residential
district.
( fl A curb cut shall be located as far as practical from the intersection of the right-of-
way lines of two streets, and no curb cut shall be permitted within fifty (50) feet
of an intersection. Each parcel that is in ownership separate from the ownership
of contiguous parcels shall be entitled to at least one curb cut per street front.
Except in single-family residential zones, curb cuts shall be at least 100 feet apart
where practical. Except in single-family residential zones, shared driveways are
encouraged, and where practical a driveway that is not a shared driveway shall be
at least fifty (50) feet from a property line.
(g) Any light used to illuminate required parking areas shall be arranged so that the
light is reflected away from adjacent properties.
(h) No sign (permanent or temporary), light standard, or screening material shall be
placed so as to inhibit the orderly use of a parking facility or in a manner which
reduces the number of usable parking spaces. No sign, light standard, or
4-1
screening material shall be placed so that it obstructs visibility for drivers or
pedestrians.
(i) All off-street parking spaces located in common parking bays or lots shall be
marked by a durable painted stripe designating no less than the required minimum
parking space area.
(j) No motor vehicle repair work of any kind shall be permitted in conjunction with
off-street parking areas except minor repair on vehicles owned by the occupant or
resident of the principal use for which the off-street parking is intended.
(k) If the required off-street parking space cannot be reasonably provided on the same
lot, tract, or parcel on which the principal use is conducted, the applicant may be
permitted to provide such space on other off-street property, provided such space
lies within 300 feet of the property line of the principal use. Such space may be
parking provided for other uses, provided the utilization of the parking area by the
proposed uses does not conflict with the activities associated with the primary
use, and that the applicant obtains written authorization for utilization of the
parking facility on a continuing basis.
(1) The provisions of the Augusta Tree Ordinance related to parking lots (Augusta
Code Section 8-4-1) shall be complied with.
(m) No required parking may be located within any "special setback" area per Section
3-12 of this Ordinance.
4-2
4-2 Off-Street Parking Requirements for all Areas Except Central Business District
(CBD): Off-street automobile storage or parking space shall be provided with vehicular
access to a public street and shall be equal to or greater than the minimum requirements
for the specific use set forth below.
Land Use Parking Requirements
(a) Dwelling Structures
(1) One and Two Family Two (2) spaces for each dwelling unit.
(2) Multifamily, efficiency One and one-half (1.5) spaces for each
and one bedrooms dwelling unit.
(2.1) Multifamily, two or Two (2) spaces for each dwelling unit.
more bedrooms
(3) DELETED
(4) Fraternity and Sorority One (1) space for each two (2) beds or
Houses one (1) space for each five (5)
members, whichever is greater.
(5) Manufactured Home Two (2) spaces for each dwelling unit.
(b) Public Assemblv
(1) Churches and other places One (1) space for each three (3 ) seats
of worship per maximum capacity of the main
sanctuary.
(2) Private clubs, lodges and The number of spaces required shall be
fraternal buildings not determined by the Planning and
providing overnight Development Department staff on the
accommodations. basis of the type of use proposed, its
intended occupancy, and seating
arrangement.
(3) Theaters, auditoriums, One (1) space for each four (4) seats
coliseums, stadiums, based on the maximum capacity.
and similar places of
Assembly
(4) Libraries, museums One (1) space for each 300 square feet
of gross floor area.
(5) Schools, by type:
Elementary and Junior High Two (2) space per classroom at
maximum occupancy.
Senior High Seven (7) spaces per classroom at
maximum occupancy.
Colleges and trade One (1) space per two students at
Schools maximum occupancy.
(6) Kindergarten or day care One (1) space for each four (4) children
centers at maximum occupancy.
4-4
Land Use Parking Requirements
(7) Skating rinks, exhibition One (1) space for each 200 square feet
halls, pool rooms, and other of floor area intended for public use.
places of amusement or
assembly without fixed
seating arrangements
(8) Bowling Alleys Four (4) spaces per alley.
(9) Recreational facilities not The number of spaces required shall be
elsewhere specified determined by the Planning and
Development Department staff on the
basis of the type of use proposed, its
intended occupancy, and seating
arrangements.
(c) Health Facilities
(1) Hospitals One and one-half (1.5) spaces for each
bed.
(2) Sanitariums, nursing homes, One (1) space for each three (3) beds,
personal care homes, group or one space per three (3) residents
Homes, and similar institutional whichever is appropriate at ma�cimum
uses. occupancy.
(3) Medical, dental, and health One (1) space for each 200 square feet
clinics and offices of gross floor area.
(4) Mortuaries and funeral One space for each 150 square feet of
parlors gross floor area .
(5) Veterinary clinics, kennels, One (1) space for each 200 square feet
and animal hospitals of enclosed area.
(d) Commercial Establishments
(1) Automobile repair One (1) space for each 300 square feet
establishments of floor space.
(2) Convenience stores (gas/food One (1) space for each 150 square feet
marts) and similar establishments. of floor area.
(3) Automobile washing and One (1) space for each customer
cleaning establishments vehicle the establishment is capable of
accommodating.
(4) Automobile sales (new and One (1) space for each 4000 square feet �
used) and manufactured home of land area for the first 20,000 square
Sales feet plus one (1) space for each
additional 10,000 square feet of land
area.
(5) Food stores except for conven- One (1) space for each 200 square feet
ience stores of retail area, plus one (1) space for
each 1,000 square feet of area used for
storage or work.
4-5
Land Use Parking Requirements
(6) General retail sales, One (1) space for each 200 square feet
commercial or personal of retail sales area, plus one (1) space
service establishments for each 1000 square feet of remaining
leasable area used for storage or work
area.
(7) Appliance Stores One (1) space for each 200 square feet
of retail sales area plus one (1) space
for each 500 square feet of remaining
area used for storage or work area.
(8) Furniture Stores One (1) space for each 750 square feet
of retail sales area, plus one (1) space
for each 1,000 square feet of remaining
leasable area used for storage or work
area.
(9) Restaurants, by-type:
Fast Food One (1) space for each 75 square feet of
goss floor area.
Sit-down One (1) space for each 50 square feet of
gross floor area.
(10) Night clubs, taverns, One (1) space per 100 square feet of
lounges, and similar gross floor area.
Establishments �
(11) Office buildings except One (1) space for each 300 square feet
medical, dental, and health of gross floor area.
clinics and branch banks
(12) Branch banks One (1) space for each 300 square feet
of floor area plus five (5) inbound
reservoir spaces and one (1) outbound
reservoir space for each drive-in
window.
(13) Bank and other financial One (1) space for each 300 square feet
institutions, except branch of gross floor area.
banks
(14) Shopping Centers with more 4.5 spaces for each 1,000 square feet of
than 50,000 square feet of gross floor area.
Gross leasable area
(15) Mini warehouses Four (4) spaces for office and one (1)
space per truck
(16) Hotels, Hotels Extended Stay, One (1) space for each room plus one
Motels, Motels Extended Stay space for each two employees, plus
additional spaces as required for other
functions such as bar, restaurant, etc.
4-6
Land Use Parking Requirements
(17) Boarding and Rooming One (1) space for each guest or
Houses, Dormitories sleeping room or one (1) space for each
150 square feet of sleeping area
whichever is greater.
(e) Industrial Establishments
(1) Manufacturing and industrial One space for each 2,500 square feet of
establishments gross floor area.
(2) Wholesale trade establishments, One (1) space for each 2,500 square
warehouses except mini- feet of gross floor area.
Warehouses
(� Uses Not Sqecified. In the case of a use not specifically mentioned in Section 4-
2 the requirements for off-street parking facilities shall be determined by the
Staff. Such determination shall be based upon the requirements set for the most
comparable use specified in Section 4-2.
(g) Reduction in Number of Reauired Off-Street Parkins Spaces. The Planning
Commission may, at its discretion, reduce the minimum number of parking spaces
required for a specific use by Section 4-2(a) through 4-2(e) above provided that
sufficient evidence is presented justifying the need for reduction in the
requirements and every effort has been made to provide off-street parking in
accordance with the stipulations of this section.
(h) Credit for Certain On-Street Parkin�. Outside the Central Business District
designated, marked, on-street parking spaces located contiguous to a development
may reduce the off-street parking requirement at a rate of one-half off-street space
per on-street space.
4-3 Off-Street Parking Requirements for the Central Business District (CBD): Off-
street parking shall be provided in the Central Business District in accordance with the
following regulations:
(a) For the purpose of this section, the Central Business District shall be defined as
the area bounded by the following streets and including all lots or parcels fronting
on said streets:
(1) Levee Road from Gordon Highway to Fifteenth Street;
(2) Fifteenth Street from Levee Road to Greene Street;
(3) Greene Street from Fifteenth Street to Thirteenth Street;
(4) Thirteenth Street from Greene Street to Telfair Street;
(5) Telfair Street from Thirteenth Street to Gordon Highway;
(6) Gordon Highway from Telfair Street to Levee Road.
(b) Public or semipublic parking lots and garages available for general use and
metered curb parking spaces within 300 feet of the proposed use may be applied
toward the total off-street parking spaces needed.
(c) All provisions set forth in Sections 4-1 and 4-2 shall apply to the above described
area except as follows:
4-7
Land Use Parking Reauirements
(1) Restaurants, night clubs, One (1) space for each 400 square feet of gross
taverns, lounges, and similar floor area.
Establishments
(2) Office buildings except One (1) space for each 400 square feet of gross
medical, dental, and floor area.
health clinics; and branch
Banks
(3) Hotels and Motels One (1) space for each three (3) rooms plus
additional space as required for other functions
such as bar, restaurant, eta
(4) Retail stores, department One (1) space for each 400 square feet of gross
stores, commercial or personal leasable area.
service establishments except
food stores
(d) The Planning Commission may, at its discretion, reduce the minimum number of
parking spaces required for a specific use by Section 4-3(c) provided that
sufficient evidence is presented justifying the need for a reduction in the
requirements and every effort has been made to provide off-street parking in
accordance with the stipulations of this section.
4-4 General Requirements for Off-Street Loading: Off-street loading and unloading space
shall be provided as hereinafter required by this Ordinance. For the purposes of this
section, the following general requirements are specified:
(a) The term "off-street loading and unloading space" shall mean an area having the
minimum dimensions of 14 feet in height, 12 feet in width, and 50 feet in length
plus adequate maneuvering area to facilitate entry into and exit from the space.
The Planning Commission may, upon sufficient demonstration that a particular
loading space will be used exclusively by small trucks or vans, reduce the
minimum dimension requirements accordingly.
(b) Each required off-street loading space shall have direct access to a street or have a
driveway which provides satisfactory ingress and egress for trucks. The width of
the access way shall be at least 25 feet wide and shall have a minimum radius at
the curb line of 25 feet.
(c) Each required off-street loading space shall be so designated as to avoid undue
interference with other vehicular or rail access, use of public streets, or other
public transport systems.
(d) All off-street loading facilities, including spaces and maneuvering area, shall be
adequately drained and paved with an all-weather material or equivalent surface
subject to the approval of the Public Works Department.
(e) Along those lot lines of the loading area which abut a residential district, a solid
screen of no less than five (5) feet in height shall be erected.
( fl Any light used to illuminate required off-street loading areas shall be arranged so
that the light is reflected away from adjacent properties. No light standard shall
be erected within fifteen (15) feet of any curb line of a public street.
4-8
(g) All off-street loading areas and their respective maneuvering areas shall be set
back not less than ten (10) feet from a public right-of-way.
(h) No portion of the area required for off-street parking as specified in Section 4-2
shall be used for off-street loading, unloading, or maneuvering space.
4-5 Off-Street Loading Requirements for All Use Zones: Off-street loading and unloading
space shall be provided with access to a public street and shall be equal to or greater than
the minimum requirements set forth as follows:
Land Use Loading Requirements
(a) Dwelling Structures
(1) Hotels and Motels One (1) space for each 20,000 square
feet of floor area.
(b) Public Assemblv
(1) Private clubs, lodges, and One (1) space for each 20,000 square
fraternal buildings not feet of floor area.
providing overnight
Accommodations
(2) Theaters, auditoriums, One (1) space for each structure having
coliseums, stadiums, and more than 100,000 square feet of floor
similar places of assembly area. .
(3) Schools, all types One (1) space for each structure having
more than 100,000 square feet of floor
area.
(4) Bowling Alleys One (1) space for each structure having
more than 20,000 square feet of floor
area.
(c) Health Facilities
(1) Hospitals, sanitariums, nursing One (1) space for each 100,000 square
homes, and similar institutional feet of floor area.
Uses
(d) Commercial Establishments
(1) Food stores One (1) space for the first 10,000 square
feet of floor area plus one (1) space for
each additional 30,000 square feet of
floor area.
(2) Restaurants, night clubs, One (1) space for the first 10,000 square
taverns, lounges, and similar feet of floor area plus one (1) space for
establishments each additional 30,000 square feet of
floor area.
(3) Office buildings except One (1) space for structures between
medical, dental, and health 30,000 square feet and 100,000 square
Clinics feet of floor area plus one (1) space for
each additional 100,000 square feet of
floor area.
4-9
(4) Retail stores, department One (1) space for first 10,000 square feet
stores, commercial or personal of floor area plus one (1) space for each
service establishments, except additional 50,000 square feet of floor
food stores area.
(5) Shopping Centers One (1) space for each 50,000 square
feet of floor area.
(e) Industrial Establishments
(1) Manufacturing and industrial One (1) space for each 40,000 square
establishments feet of floor area.
(2) Wholesale trade One (1) space for each 50,000 square
establishments feet of floor area.
(3) Transport terminal facilities One (1) space for each 30,000 square
feet of floor area.
(� Uses Not Specified. In the case of a use not specifically mentioned in Section 4-
5, the requirements for off-street loading facilities shall be determined by the
Planning Commission. Such determination shall be based upon the requirements
set forth for the most comparable use specified in Section 4-5.
(g) Reduction in Number of Required Off-Street Loading Spaces. The Planning
Commission may, at its discretion, reduce the minimum number of loading spaces
required for a specified use by Section 4-5(a) through 4-5(e) above provided that
sufficient evidence is presented justifying the need for reduction in the
requirements and every effort has been made to provide off-street loading in
accordance with the stipulations of this section.
4-6 Nonconforming Parking and Loading Spaces: Any building lawfully in use on
February 4, 1974, shall constitute a nonconforming use with regard to parking. Any
enlargement of a nonconforming building or expanded use of a nonconforming building
must provide the required parking for the additional area or use.
4.7 Zoning Classification Changes: Any building on property for which the zoning
classification is subsequently changed or a Special Exception is subsequently granted
shall be provided with sufficient off-street parking pursuant to this section prior to
occupancy.
Amended January 2006 Entire Section 4
4-10
GENERAL PROVISIONS
SECTION 5
NONCONFORMING USES
5-1 Repairs and Alterallons to Nonconforming Buildings or Structures:
(a) Repairs and alterations may be made up to 50% of the structure valuation as
assessed by the Richmond County Board of Tax Assessors or its successor, at the
time the petition is presented.
(b) No structural alterations will be permitted except as provided for in Section 5-7 of
this Ordinance.
(c) No enlargements will be permitted except as provided for in Section 5-7 of this
Ordinance.
(d) In the event of destruction by fire or act of God, restoration will be permitted to
the extent of the original improvements.
5-2 A building or structure nonconforming as to regulations for use or lot area or for dwelling
units shall not be added to or enlarged in any manner unless said building or structure
including such addition and enlargement is made to conform to the use and area in
accordance with regulations of the zone in which it is located except as provided for in
Section 5-7 of this Ordinance.
5-3 Continuation and Change of Use:
(a) The nonconforming use of a building or structure, lawfully existing on March 25,
1963, may be continued.
(b) The nonconforming use of a nonresidential building or structure may be changed
only to a use of the same or more restricted classification. The nonconforming
use of a residential structure may not be changed to any use not permitted by the
base zoning classification.
(c) The nonconforming use of land (where no building is involved) lawfully existing
on March 25, 1963, may be continued provided that no nonconforming use of
land shall be expanded or extended either on the same or adjoining property.
5-4 Expansion Prohibited: A nonconforming use of a portion of a building or structure
shall not be expanded or extended into any other portion of such building or structure nor
changed except to a conforming use.
5-5 Nonconforming Due to Reclassification: The foregoing provisions of this section shall
also apply to buildings, structures, land or uses which hereinafter become nonconforming
due to any reclassification of zones under this Ordinance or any subsequent change in the
regulations of this Ordinance.
5-6 Any nonconforming use which has been abandoned for a period of two (2) years or more
shall not be used for any purpose other than that permitted in the zone in which such use
is situated.
5-1
5-7 Structural Alterations and Enlargement: An existing nonconforming use may be
permitted to expand in the district in which it is located upon approval by the Executive
Director provided that:
(a) A site plan showing the existing nonconforming land and building(s) and the
proposed expansion has been submitted for approval;
(b) The existing nonconforming use is of a type permitted under the B-1
(Neighborhood Business) Zone, Section 21-1(b), of this Ordinance;
(c) The enlargement does not exceed twenty (20%) percent of the square footage
contained within the existing nonconforming structure, the amount of expansion
permitted to be calculated using the square footage on record with the Richmond
County Board of Tax Assessors;
(d) The expansion shall not extend beyond the property lines of the existing
nonconforming use except where additional land is acquired to meet the off-street
parking requirements of Section 4 of this Ordinance;
(e) The expansion is in compliance with all setback and yard requirements of the
zone in which the nonconforming use is located;
( fl Off-street parking and loading are provided in accordance with Section 4 of this
Ordinance;
(g) The expansion does not involve the construction of any separate structures; and
(h) No previous expansion has occurred under the provisions of this section.
5-2
USE DISTRICT CLASSIFICATIONS
SECTION 6
DISTRICT DEFINITIONS
6-1 For the purpose of classifying, regulating, and restricting the locations of trades and
industries, and the locations of buildings designed for industry, commerce, residence, and
other uses; Augusta, Georgia, except Hephzibah, Fort Gordon and Blythe, is hereby
divided into the following Use Districts or Zones, to wit;
Agricultural Districts, being "A" Zones.
Residential Districts, being "R" Zones.
Professional Districts, being "P" Zones.
Business Districts, being "B" Zones.
Industrial Districts, being "P' Zones.
Zone Group Classification: Whenever the terms "A" Zone, "R" Zone, "P" Zone, "B"
Zone, or "I" Zone are used, they shall be deemed to refer to all zones containing the same
letters and/or numbers in their names, e.g. "R" Zone shall include R-1, R-2, R-3; "R-1 "
Zone shall include R-1 A, R-1 B, R-1 C, R-1 D and R-1 E zones.
6-2 The Use Zones herein above referred to shall be designated on certain zoning maps and
by reference thereto expressly made a part of this Ordinance. No building shall be
erected, nor shall buildings or premises be used for any purposes other than a purpose
permitted by this Ordinance in a zone in which such buildings or premises are located.
6-3 Zone Boundaries: Unless otherwise indicated the zone boundaries are the centerlines of
streets, parkways, waterways, railroad rights-of-way, or such lines extended.
6-1
AGRICULTURAL DISTRICT CLASSIFICATIONS
SECTION 7
A (AGRICULTURAL) ZONE
7-1 Zone A(Agriculture) Districts: The area of Zone "A" shall be all of Augusta excepting
therefrom any and all areas that have been, or may hereafter be, specifically covered by
other zones created in accordance with the provisions of this Ordinance and shown on
Maps on file with the Augusta Planning and Development Deparhnent. No land, no body
of water, and no structure shall be put into use and no building shall be hereafter erected,
constructed, moved, reconstructed, or structurally altered for any purpose in this zone
(Zone "A") which is designed, arranged or intended to be used or occupied for any
purpose other than the following:
(a) Single-family Residential buildings and structures developed under the
standards set forth in the R-1 Zone (Section 8), except that the m�imum
height of fences, walls, or hedges in any required front, side or rear yards
of an A(Agriculture) Zone shall be limited to a height of eight (8) feet,
except for corner yard areas discussed in Section 3-6 of this Ordinance.
(b) Agriculture, dairying and ranching.
(c) Buildings incidental to agriculture, dairying and ranching.
(d) Building incidental to forestry.
(e) Noncommercial boat piers, or slips, or boat houses for docking of private
water craft.
(fl Manufactured homes on individual lots subject to the criteria listed in
Section 27-7 of this Ordinance.
(g) Conservation Subdivisions where the overall density of development
including portions of the tract devoted to geenspace does not exceed .5
lots per acre.
(h) Parking of vehicles related to agricultural and forestry enterprises
engaged in on the same or an adjoining property;
(i) Parking of no more than two (2) commercial vehicles to include freight
carrying vehicles, (truck trailers and tractors) in excess of one ton
capacity and three or more axles on a lot which exceeds one acre in area.
7-2. The following may be approved by Special Exception in an A zone if conformance to the
standards included herein can be demonstrated and if the benefits of the proposed use are
greater than any possible depreciating effects and damages to neighboring properties:
(a) Recreational vehicle (RV) parks, subject to the following restrictions and
regulations. A conceptual plan showing consistency with the provisions of this
section must be submitted with the application for a Special Exception:
(1) The entire perimeter of an RV Park shall be enclosed by a privacy
fence no less than six (6) feet in height. Wherever an RV Park
abuts property zoned Agricultural or Residential there shall be a
buffer of at least 50 feet in width that is either an undisturbed
natural buffer or a planted buffer that conforms to the requirements
of the Augusta Tree Ordinance. Such buffer areas shall be
7-1
measured from the boundary of each space to the property line of
this RV Park.
(2) Each RV Park shall be so designed as to provide for a proper flow
of traffic and each interior private road shall be at least 15 feet in
width for one-way traffic and designed for the proper turning,
backing, parking, and maneuvering of RVs as approved by the
Traffic Engineer. Roads shall be surfaced with asphalt or concrete
as approved by the Traffic Engineer. Sub-grade, base and
pavement thickness shall be per the Augusta Street and Road
Design Technical Manual, current edition.
(3) Each space within an RV Park shall be a minimum of 35 feet wide
and 80 feet long. Each space shall be directly accessible from an
approved internal private road and there shall be no direct access
from any external public or private street.
4) Each space shall have a concrete parking pad which is at least 15
feet wide and 50 feet in length. Such parking pad shall be at least
20 feet from the internal private road. There shall be a distance of
at least 10 feet from the edge of each parking pad to the side and
rear boundaries of each space. The remainder of the space, with
the exception of the parking pad, must either be grassed, covered
with a mulching material, or otherwise improved with landscaping.
5) Each RV Park must provide a centralized bathhouse facility with a
minimum of 4 bathrooms with wash basins, 2 showers, and 2
washers and 2 dryers for each 30 lots within the RV Park. All
applicable building and zoning codes must be complied with,
including parking standards.
6) Swimming pools, jacuzzis, hot tubs, etc are allowed but are not
required within RV Parks and must be located in a centralized area.
Swimming pools, jacuzzis, hot tubs, etc., must be shown on the
Site Plan and must be approved by the Health Department. The
centralized bathroom facility may serve as the bathhouse for the
pool, jacuzzi, hot tub etc. if located immediately adjacent to the
amenity.
7) Community centers, clubhouses, and playground facilities are
allowed but are not required within the RV Park. If sited within
the RV Park, each community center, clubhouse ar playground
facility must be located in a centralized area.
8) Spaces may be conveyed to individual owners as lots by following
the procedures set forth in the Land Subdivision Regulations for
private subdivisions. This will require formation of a Homeowners
Association with appropriate documents outlining the ownership of
private roads, common area, and other common facilities, and
submission and approval of a Final Plat.
9) Each space shall have electricity and water, by means of
individual meters for lots that are to be conveyed to individual
owners, or by master meters provided by the RV Park for spaces
that are not conveyed to individual owners, and a sanitary sewer
service. In lieu of sanitary sewer, a sewage package system
7-2
provided by the RV Park with service to each space shall be
allowed.
10) An RV which will occupy a space or a lot for more than thirty (30)
consecutive days must first secure a permit from the Augusta
Planning and Development Department. All RV's must have all
licenses appropriate to the state and county of origin, and in no
case shall such vehicles be considered real property.
11) An RV Park shall meet all provisions of the Augusta Tree
Ordinance, including the appropriate tree quality points in addition
to providing the buffer requirements at 7-2 (a) of this section.
(b) Animal kennels, boarding of animals, and animal grooming establishments
provided that the following conditions are met:
(1) The minimum size of any tract of land proposed for use under this
section shall be two (2) acres.
(2) No activity permitted under this section shall be conducted within
four hundred (400) feet of a permanent dwelling or manufactured
home located on another tract of land. \
(3) The applicant for a Special Exception under this section shall
submit a site plan showing the boundaries of the property to be
used, its dimensions, the location of existing and proposed
structures to be used for the purpose of this section, and the
distance from these locations to any dwelling or manufactured
home located on adjacent tracts of land.
7-3
7-3 Special Exceptions
Any use established as a result of a special exception granted per Subsection 7-2 must be
initiated within six (6) months of the granting, or the Special Exception shall no longer be
valid. The initiation of a use is established by the issuance of a valid business license by
the Augusta Planning and Development Department or by other reasonable proof of the
establishment of vested rights. If a Special Exception is granted and the use is initiated
but later ceases to operate for a period of one (1) year, then the Special Exception shall
no longer be valid.
Amended January 2008 — Section 7-2 (a)
Amended November 2007, Section 7-2(a)
Amended May 2005, Section 7-1 (h) (i)
Amended Sept. 2004, Section 7-3
7-4
RESIDENTIAL DISTRICT CLASSIFICATION
SECTION 8
R-1 (ONE-FAMILY RESIDENTIAL) ZONE
8-1 Permitted Uses:
(a) One family detached dwellings the gross floor area of which is not more than two
times the average gross floor area or less than 60% of the average gross floor area
of existing homes located on lots in whole or in part within 300 feet of the
boundaries of the subject lot. Gross floor area shall include the entire area located
under the roof of the principal structure, including finished attics, attached
garages, and basements, and it shall be as presented in the online information of
the Augusta Richmond County Tax Assessor's Office.
(b) Fence, walls: A fence, latticework screen or wall in a required side or rear yard
shall not exceed six (6) feet in height. A fence, latticework screen or wall located
in a required front yard shall be limited to four (4) feet in height. Any fence, wall,
or landscape feature located at the corner of intersecting streets described in
Section 3-6 of this Ordinance shall be subject to additional restrictions discussed
in that subsection.
(c) Yard Sales provided that no more than two (2), lasting no more than three (3)
days per time, are conducted at a single address during a calendar year.
(d) Accessory buildings and uses as described elsewhere in this section.
(e) Conservation Subdivisions where the overall density of development including
portions of the tract devoted to greenspace does not exceed 3 lots per acre.
(� Residential facilities for handicapped persons as defined at 42 U.S.C. 3602
except for such uses that are addressed at 26-1(g), 26-1(p) and 35-10 of this
Ordinance.
Amended August 2008 - Section 8-1 (a)
Amended June 2008 — Section 8-1 (�
8-2 Special Exceptions: The following may be permitted in an R-1 Zone by Special
Exceptions:
(a) Single family attached and detached dwellings and condominiums developed in
accordance with Section 13 provided that the density of dwellings shall not
exceed three (3) units per acre.
(b) Public parking areas, when located and developed as in Section 4 and where the
area adjoins a use other than provided for in the R-1 Zone, provided such
transitional use does not extend more than one hundred (100) feet from the
boundary of the less restricted zone.
(c) Ponds, whether impoundment or excavations, in excess of the following
maximum pond area to lot area ratios may be permitted by Special Exception:
LOT AREA MAXIMUM POND/LOT AREA RATIO
Less than 2 acres 2%
2 - 5 acres 20%
Over 5 acres 40%
8-1
Ponds smaller than the maximum ratios shall be permitted uses by right.
Retention or detention ponds approved as part of a Site Plan or Subdivision
Development Plan shall also be permitted uses by right. A Grading Plan or a Soil
Erosion Plan, depending on the size of the disturbed area shall be submitted and
approved before construction of a pond requiring Special Exception commences.
Such plan shall include the following statement:
"The pond as shown hereon is the private property of the owner,
who has full and perpetual responsibility for the maintenance and
repair. The owner releases Augusta, Georgia, from any and all
claims, damages, or demands arising on account of or in
connection with the design, construction, and maintenance of the
pond as shown hereon. Augusta, Georgia, assumes no liability or
duty related thereto, and in no manner approves or assumes
liability for the design of the pond as shown hereon."
(d) Construction trailers may be allowed in a subdivision with an approved
Development Plan subject to the following criteria:
(1) A Manufactured Home Permit must be acquired from the Augusta
Planning and Development Department for the construction trailer;
(2) The construction trailer must be located away from the front entrance of
the subdivision, preferably in the rear of the subdivision, and in the area of
the last homes to be developed in the subdivision. The construction trailer
must be located as far as possible from any existing stick-built residential
homes in adjoining subdivisions, but in no case shall the construction
trailer be located within 150 feet of a site-built residential home located in
an adjoining subdivision;
(3) No sale of lots or homes is to take place from this construction trailer - the
construction trailer is to be used for construction related business only;
(4) The construction trailer is to be tied down, underpinned, have wooden
steps with hand-rails and have a gravel parking area. Any outside items
need to be maintained in a neat and orderly manner;
(5) The Owner/Developer must provide the Augusta Planning and
Development Deparhnent with the following certification: "The
Owner/Developer/Contractor will not hold Augusta, GA liable for any
claims, damages or demands arising on account of or in connection with
the placement of the construction trailer within the subdivision.";
(6) The construction trailer will be moved off of the subject property within
48 hours of the commencement of the last home in the subdivision --or
The construction trailer must me moved off of the subject property within
48 hours of the expiration of Development Plan approval for the
subdivision; and
(7) Inspection will be made by the Augusta Planning and Development
Department every twelve (12) months.
(e) Sales trailers may be allowed in a subdivision with an approved Development
Plan subject to the following criteria:
8-2
(1) A Manufactured Home Permit must be acquired from the Augusta
Planning and Development Deparhnent for the sales trailer;
(2) Sales trailers must be located in excess of 500 feet from any public street
that is not part of the subdivision, and 150 or more feet from a site-built
residential home located in an adjoining subdivision;
(3) The sales trailer is to be tied down, underpinned, have wooden steps with
hand-rails and have a gravel parking area. Any outside items need to be
maintained in a neat and orderly manner;
(4) Areas not left natural or used for parking must be landscaped or sodded;
(5) The Owner-Developer must provide the Augusta Planning and
Development Department with the following certification: "The
Owner/Developer/ Contractor will not hold Augusta, GA liable for any
claims, damages or demands arising on account of or in connection with
the placement of the sales trailer within the subdivision;
(6) Permits for the sales trailer would be issued for one (1) year and could
only be renewed at the discretion of the Augusta Planning and
Development Deparhnent Staff;
(7) The sales trailer will be moved off of the subject property within 48 hours
of the commencement of the last home in the subdivision - or the sales
trailer must be moved off of the subject property within 48 hours of the
expiration of Development Plan approval for the subdivision; and
(8) Inspection will be made by the Augusta Planning and Development
Department every twelve (12) months in conjunction with the ren�wal of
the Mobile Home Permit.
(� Sales offices may be allowed in new subdivisions with approved Final Plats
subject to the following criteria:
(1) Sales offices must be located on lots designated on the approved Final
Plats of new subdivisions, must be for sales of lots within that subdivision
only, and must adhere to all minimum setback requirements;
(2) Parking areas for sales offices cannot exceed the normal parking pad for
the lotJhome and must be comparable in size and construction to other
parking pads in the neighborhood. The parking pad must be constructed
prior to issuance of the Certificate of Occupancy;
(3) For subdivisions requiring sidewalks, the sidewalk on this lot must be
constructed prior to issuance of the Certificate of Occupancy;
(4) Areas not left natural or used for parking must be landscaped or sodded
prior to the Certificate of Occupancy;
(5) One real estate or developer's sign less than six square feet in area may be
allowed on the property. No banners as defined by Section 28-B-2 of the
Comprehensive Zoning Ordinance will be allowed on the property;
(6) Adjoining lots (whether grassed or graveled) may not be used for parking;
(7) The sales aspect of the sales office will cease and desist within 48 hours of
the commencement of the last home in the subdivision.
(g ) One family detached dwelling the average gross floor area of which is more than
two times the average gross floor area or less than 60% of the gross floor area of
8-3
existing homes located on lots in whole or in part within 300 feet of the
boundaries of the subject lot. Gross floor area shall include the entire area located
under the roof of the principal structure, including finished attics, attached
garages, and basements, and it shall be as presented in the online information of
the Augusta, Georgia Tax Assessor's Office.
Amended January 2005 — Section 8-2 (a)
Amended May 2004 — Section 8-2 (e)
Amended Sept. 2006 — Section 8-2 (�
8-3 Home Occupations:
a) Intent. The conduct of businesses in residential units may be permitted under the
provisions of this section. It is the intent of this section to:
1) ensure the compatibility of home occupations with other uses permitted in
residential districts;
2) maintain and preserve the character of residential neighborhoods; and
3) permit certain limited home occupations which are useful to both the
general community as well as the resident-proprietor.
b) Required Conditions. A home occupation is an activity carried out for gain by a
resident conducted as an accessory use in the resident's dwelling unit subject to
the following conditions:
1) Home occupations shall be limited to personal services such as are
furnished by a music teacher, artist, beautician, seamstress, and in-house
offices;
2) Home occupations shall not include retail businesses, manufacturing
businesses nor repair businesses;
3) Home occupations shall be situated in the same dwelling unit as the home
of the occupant, and the individual responsible for the home occupation
shall live in the dwelling unit;
4) The home occupation shall not occupy nor affect more than twenty-five
percent (25%) of the heated floor area of the dwelling unit. It shall be
carried on wholly within the principal building constituting the dwelling
unit. No home occupation nor any storage of goods, materials, or products
conducted with a home occupation shall be allowed in an accessory
building, garage, carport, or porch, attached or detached.
5) There shall be no exterior indication of the home occupation; no exterior
signs nor other on-site advertising visible from the exterior; no audible
noise, detectable vibration, inordinate illumination, no odor; no entrance
or exit way specifically provided for the conduct of business; and
vehicular or pedestrian traffic shall not be generated in volumes greater
than would normally be expected by a single family residence.
6) For home occupations established after November 15, 1983 there shall be
no assistants employed. Home occupations established prior to that date
may have two assistants.
7) Where special equipment is used the Building Code of Augusta, Georgia
shall govern the size of electrical wiring, plumbing, etc., which must be
installed before such home occupation may begin.
8-4
8) When a home occupation is to be conducted on property not owned by the
applicant or operator, written permission from the owner is required.
c) Special Use Permits. All home occupations shall have Special Use Permits.
Special Use Permits shall be granted upon payment of a fee and a finding that a
proposed home occupation would conform to the conditions at 8-3(b) and that no
detrimental impact upon the surrounding residential area would be expected.
1) Special Use Permits may be granted administratively by the Executive
Director of the Augusta Planning and Development Department for certain
home occupations such as computer, telephone, or mail based businesses
or offices, or other similar businesses where, in the opinion of the
Executive Director, there is no potential for customers to visit the
residence, or for excessive mail, truck or other material deliveries to the
residence.
2) For all other home occupations, Special Use Permits shall be granted by
the Board of Zoning Appeals.
3) Applications for all Special Use Permits for home occupations shall be
made with the Augusta Planning and Development Department.
4) Special Use Permits shall be granted to a designated person who resides at
a residential address, and they shall not be transferable from person to
person, address to address, or use to use.
5) Special Use Permits, once granted, may be revoked by the Augusta
Commission upon advisement by the Augusta Planning and Development
Department for cause after a hearing before the former commission.
6) An individual granted a Special Use Permit for a home occupation has a
period of one year from the date of approval to begin operation of the
home occupation. Prior to beginning operation of the home occupation a
business license must be obtained. Anyone that fails to begin operation of
the home occupation within one year time period forfeits the home
occupation right previously ganted.
7) A Special Use Permit may be denied if a home occupation could be
hazardous or injurious to the welfare of the community or if compliance
with the requirements of this section has not been met.
d) Family day care homes - may be granted Special Use Permit administratively by
staff as provided for at 8-3(c)(1) if they conform to the criteria set at 8-3(b), 26-
1( fl, and the following special criteria. Those applicants for family day care
homes that conform to 8-3(b) and 26-1(� but do not conform to the special
criteria may be approved by Special Exception as provided for in Section 26.
Special criteria for staff approval of Family Day Care Homes are:
i. Applicant must live in the home
ii. Home has public sewerage or applicant has a letter of approval
from the Richmond County Board of Health
iii. Home is not in the floodplain
iv. Applicant must provide proof of application for registration from
the Georgia Department of Human Resources Day Care Licensing
Unit
8-5
v. The lot on which the family day care home would be located is
10,000 square feet in area or greater
vi. Hours of operation would not be greater than 6:00 A.M. to 8:00
P.M.
vii. No persons listed with Richmond County Sex Offenders Registry
reside within 1,000 feet of the property.
Amended June 2008 — Section 8-3-(d)
8-4 Accessory Building: One-story accessory buildings not to exceed eighteen (18) total
feet in height may be constructed in the R-1 Zone, subject to the following restrictions:
(a) All accessory buildings shall have the side yard setback required for principal
structures as specified elsewhere in this Ordinance.
(b) All accessory buildings shall have a rear yard setback of not less than ten (10)
feet, including eaves and other overhanging portions of the structure.
(c) Except for carports and detached garages, accessory buildings shall not permitted
in any front yard. Carports and freestanding garages shall conform to the front
setback requirements for principal structures.
(d) Where the rear yard abuts upon a street, no accessory building shall be closer to
the rear lot line than the required setback for the zone.
(e) That the maximum total gross floor area of all accessory buildings on a lot shall
be based on the area of the lot upon which they axe located. The maximum goss
floor area for accessory buildings shall be as follows:
Lot Area M�imum Accessory Buildin� Area
Under 10,000 square feet 5% of lot area
10,000 square feet or larger greater of 500 square feet or 3% of
lot area, but never more than 1,200
square feet
( fl Accessory buildings shall not be designed and used for residential purposes.
They shall not contain bedrooms. If an accessory building contains kitchen
facilities of any description, then a deed restriction must be recorded stating that
the accessory building is not a residential structure and can never be occupied as
such before a permit may be issued. Accessory buildings may not be used to
conduct home occupations or serve as home offices. In no case may an accessory
building have a separate electrical service.
Amended January 2008 — Section 8— 4(e) (�
8-5 DELETED.
8-5.1 TV Satellite Dish Antenna As An Accessory Use: TV Satellite dish antennas shall be
permitted as an accessory use in the R-1 Zone. All TV satellite dish antennas shall
adhere to the setback requirements for accessory structures, except that no regulated
satellite dish antenna may be located in any front yard. TV Satellite dishes less than one
(1) meter in diameter shall not be regulated.
8-6
8-6 Height: No building or structure hereafter shall be erected, constructed or altered in an
R-1 Zone to exceed a height of two and one-half (2-1/2) stories or forty-five (45) feet.
8-7 Area: Every lot in an R-1 Zone shall have a minimum width of one hundred (100) feet
and minimum area of 15,000 square feet. Irregularly-shaped lots shall measure a
minimum of one hundred feet in width along the building setback line.
8-8 Setbacks:
(a) Front Setback: There shall be a front yard setback in an R-1 Zone of not less than
thirty (30) feet from any structure to the front lot line on minor or local streets and
a front setback of forty (40) feet from any structure to the front lot line on all
other streets and highways. For lots in Residential Subdivisions, approved after
adoption of this Section, where a sixty (60) foot or greater right-of-way is utilized
and such lots are approved by the Augusta Planning and Development
Department, there shall be a front setback or not less than twenty-five (25) feet
from any structure to the front lot line on minor or local streets.
Where a lot is situated in a block face with non-uniform front setbacks, the
minimum front setback requirement on such lot shall be the average of the front
yards of the existing structures on the block face. In the event the average front
setbacks of the block face exceed fifty (50) feet, there shall be no setback
requirement greater than a distance of fifty (50) feet from the front of the building
to the front lot line. If there are less than two (2) existing structures located
within 500 feet on either side of the lot in question, then the provisions regarding
non-uniform lots shall not apply.
(b) Side Setback: The side yard setback for principal structures in an R-1 Zone are as
follows:
(1) Lots having a width of fifty-five (55) feet or less shall have two (2) side
yards each having a width of not less than five (5) feet.
(2) Lots having a width of fifty-six (56) to seventy (70) feet shall have two (2)
side yards each having a width of not less than seven (7) feet.
(3) Lots having a width of over seventy (70) feet shall have two (2) side yards
each having a width of not less than ten (10) feet.
(c) Rear Setback: There shall be a rear yard setback for lots in an R-1 Zone of not
less than twenty percent (20%) of the depth of the lot but such yard need not
exceed fifty (50) feet.
8-9 Lot Coverage: Not more than thirty percent (30%) of the area of a lot in an R-1 Zone
may be covered by buildings or structures, provided that such lot coverage need not be
reduced to eight hundred (800) square feet.
8-10 Special Exceptions
Any use established as a result of a special exception granted per Subsection 8-2 must be
initiated within six (6) months of the granting, or the Special Exception shall no longer be
valid. The initiation of a use is established by the issuance of a valid business license by
the Augusta Planning and Development Department or by other reasonable proof of the
establishment of vested rights. If a Special Exception is granted and the use is initiated
8-7
but later ceases to operate for a period of one (1) year, then the Special Exception shall
no longer be valid.
Amended Sept. 2004, Section 8-10
8-8
RESIDENTIAL DISTRICT CLASSIFICATION
SECTION 9
R-lA (ONE-FAMILY RESIDENTIAL) ZONE
9-1 Permitted Uses:
(a) Any use permitted in an R-1 Zone subject to the restrictions and regulations of the
R-1 Zone; and
(b) All the provisions and regulations which apply to the R-1 (One-family Zone) shall
apply to the R-1 A Zone, except that every lot in an R-1 A Zone shall have a
minimum width of eighty (80) feet and a minimum area of ten thousand (10,000)
square feet.
(c) Conservation Subdivisions where the overall density of development including
portions of the tract devoted to greenspace does not exceed 41ots per acre.
9-2 Special Exception: The following may be permitted in an R-lA Zone by Special
Exception:
(a) Single family attached and detached dwellings and condominiums developed in
accordance with Section 13, provided that the density of dwellings shall not
exceed four (4) units per acre.
(b) Public parking areas, when located and developed as in Section 4 and where the
area adjoins a use other than provided for in the R-1 Zone, provided such
transitional use does not extend more than one hundred (100) feet from the
boundary of the less restricted zone.
9-3 Special Exceptions
Any use established as a result of a special exception granted per Subsection 9-2 must be
initiated within six (6) months of the granting, or the Special Exception shall no longer be
valid. The initiation of a use is established by the issuance of a valid business license by
the Augusta Planning and Development Department or by other reasonable proof of the
establishment of vested rights. If a Special Exception is granted and the use is initiated
but later ceases to operate for a period of one (1) year, then the Special Exception shall
no longer be valid.
Amended Sept. 2004, Section 9-3
Amended Jan. 2005 — SecNon 9-2(a)
9-1
RESIDENTIAL DISTRICT CLASSIFICATION
SECTION 10
R-1B (ONE-FAMILY RESIDENTIAL) ZONE
10-1 Permitted Uses
(a) Any use permitted in the R-lA Zone subject to the restrictions and regulations of
the R-lA Zone;
(b) All the provisions and regulations which apply to the R-lA Zone shall apply to
the R-1B Zone, except that every lot in the R-1B Zone shall have a minimum
width of seventy-five (75) feet and a minimum area of 7,500 square feet; and
(c) Conservation subdivisions where the overall density of development, including
portions of a tract devoted to greenspace does not exceed S lots per acre.
10-2 Special Exception: The following may be permitted in an R-1B Zone by Special
Exception:
(a) Single family attached and detached dwellings and condominiums developed in
accordance with Section 13, provided that the density of dwellings shall not
exceed five and one-half (S-1/2) units per acre.
(b) Public parking areas, when located and developed as in Section 4 and where the
area adjoins a use other than provided for in the R-1 Zone, provided such
transitional use does not extend more than one hundred (100) feet from the
boundary of the less restricted zone.
IO-3 Special Exceptions
Any use established as a result of a special exception granted per Subsection 10-2 must
be initiated within six (6) months of the granting, or the Special Exception shall no longer
be valid. The initiation of a use is established by the issuance of a valid business license
by the Augusta Planning and Development Department or by other reasonable proof of
the establishment of vested rights. If a Special Exception is granted and the use is
initiated but later ceases to operate for a period of one (1) year, then the Special
Exception shall no longer be valid.
Amended Sept. 2004, Section 10-3
Amended Jan. 2005 — Section 10-2(a)
10-1
RESIDENTIAL DISTRICT CLASSIFICATION
SECTION 11
R-1C (ONE-FAMILY RESIDENTIAL) ZONE
11-1 Permitted Uses
(a) Any use permitted in the R-1B Zone subject to the restrictions and regulations of
the R-1 B Zone;
(b) All the provisions and regulations which apply to the R-1B Zone shall apply to
the R-1 C Zone, except that every lot in the R-1 C Zone shall have a minimum
width of sixty (60) feet and a minimum area of 6,000 square feet; and
(c) Conservation subdivisions where the overall density of development, including
portions of a tract devoted to greenspace does not exceed 7 lots per acre.
11-2 Special Exception: The following may be permitted in an R-1C Zone by Special
Exception:
(a) Single family attached and detached dwellings and condominiums developed in
accordance with Section 13, provided that the density of dwellings shall not
exceed seven (7) units per acre.
(b) Public parking areas, when located and developed as in Section 4 and where the
area adjoins a use other than provided for in the R-1 Zone, provided such
transitional use does not extend more than one hundred (100) feet from the
boundary of the less restricted zone.
11-3 Special Exceptions
Any use established as a result of a special exception granted per Subsection 11-2 must
be initiated within six (6) months of the granting, or the Special Exception shall no longer
be valid. The initiation of a use is established by the issuance of a valid business license
by the Augusta Planning and Development Department or by other reasonable proof of
the establishment of vested rights. If a Special Exception is granted and the use is
initiated but later ceases to operate for a period of one (1) year, then the Special
Exception shall no longer be valid.
Amended Sept. 2004, Section 11-3
Amended Jan. 2005, Section 11-2 (a)
11-1
RESIDENTIAL DISTRICT CLASSIFICATION
SECTION 12
R-1D (ONE-FAMILY RESIDENTIAL) ZONE
12-1 Permitted Uses: The following uses may be permitted in an R-1D district upon
determination by the Augusta Planning and Development Departrnent that a request
conforms to the requirements of this Section, that it is compatible with surrounding
development, and that it promotes the planning policies and objectives for the specific
and general areas in which it is located:
(a) Any use permitted in Sections 8 through 11 of this Ordinance.
(b) Single-family attached dwellings in groups of two joined at a common lot line.
(c) Common open space or recreational areas and uses intended for the primary use
and enjoyment of the residents of the proposed development.
(d) Single-family detached dwellings.
12-2 Lot Size: Every lot in an R-1D Zone shall have a minimum width of forty feet and a
minimum area of four thousand (4,000) square feet.
12-3 Setbacks:
(a) Front Setback: On arterial, collector, industrial or major streets and highways, the
minimum setback in the R-lE Zone shall be the same as Section 8-8 (a). On local
or minor streets, the minimum setback in the R-lE zone shall be 15 feet to the
front lot line.
(b) Side Setback: All detached dwellings shall have a side setback not less than five
feet. Where a side yard abuts a zone described in Sections 8 through 11 of this
Ordinance, no structure may be constructed within 25 feet of the boundary of that
zone. If a six foot brick or stucco wall is constructed beginning at the front
setback line and extending along the entire side property line adjoining the zone
described in Sections 8 through 11 of this Ordinance, then the required setback
shall be fifteen (15) feet. Where a side yard abuts a public street the provisions for
front setbacks shall apply.
(c) Rear Yard: The rear setback shall be the greater of twenty-five (25) feet or twenty
(20) percent of the depth of the lot, but such yard need not exceed fifty (50) feet.
12-4 Building Height: No building or structure shall be constructed in an R-1D Zone to
exceed a height of two and a half (2-1/2) stories or forty-five (45) feet.
12-5 Parking: A minimum of two (2) parking spaces for each dwelling unit shall be provided
in the R-1 D Zone.
12-6 Lot Coverage: There shall be no maximum lot coverage in the R-1D Zone.
12-7 Application for Approval: All applications for development or a change of zoning to an
R-1D Zone shall be accompanied by the following:
(a) A plat of the land to be included in the total development showing all rights-of-
way and easements affecting the property to be rezoned to an R-1D classification.
12-2
(b) A plat of the lots and the boundaries thereof along with the square footage
contained in each lot and the location and rights-of-way of proposed streets in the
total development.
(c) The location of buildings and the number of stories contained in each.
(d) The preliminary location of water supply, sanitary, and storm sewer systems.
(e) The location of all curb cuts, driving lanes and parking areas.
( fl The location and type of all common areas (pedestrian walkways, open spaces,
recreational uses), including a statement of the method to be used to insure
continued maintenance of such areas.
(g) The location and height of all walls, fences and screen plantings.
(h) A typical tentative plan showing front elevations of the proposed dwellings
including a tentative statement indicating the type of construction to be used.
(i) A tabulation of the total area, number of dwelling units, and overall density per
acre.
12-8 Revision of Plans After Final Approval: Any request to change an approved
development plan which affects the intent and character of the development, the density
or land use pattern, the location or dimension of streets, or similar changes, shall follow
the procedures set forth in Section 35 of this Ordinance. A request for revision of the
development plan shall be supported by a written statement of why the revisions are
necessary or desirable.
12-9 Compliance with Subdivision Regulations: The development shall comply with the
pertinent requirements of the Subdivision Regulations for Augusta, Georgia.
12-10. Buffer Yard: A 10 foot wide buffer yard which meets the requirements of the Augusta
Tree Ordinance as it pertains to side buffer yards is required along an entire side or rear
boundary of the proposed development if:
(a) The proposed average lot size for the proposed development is less than 80% of the
average of the size of existing residential lots within 300 feet of a side or rear
boundary of the proposed development; or
(b) The proposed average lot size for the development is less than 80% of the minimum
lot size permitted by the zoning classification of property within 300 feet of a side or
rear boundary of the proposed development if such property is undeveloped but zoned
single family residential or agricultural.
Amended January 2008 — Section 12-10
Amended September 2007 — Section 12-3 (a)
12-3
RESIDENTIAL DISTRICT CLASSIFICATION
SECTION 13
R-lE (ONE-FAMILY RESIDENTIAL) ZONE
Statement of Intent: The intent of this section is to allow greater flexibility in the integration of
various types of owner-occupied housing.
13-1 Permitted Uses: The following uses may be permitted in an R-lE district upon
determination by the Augusta Planning and Development Department that a request
conforms to the requirements of this Section, that it is compatible with surrounding
development, and that it promotes the planning policies and objectives for the specific
and general areas in which it is located:
(a) Any use permitted in Sections 8 through 12 of this Ordinance.
(b) Single-family attached dwellings (condominiums or subdivisions).
(c) Multi-family condominium structures.
13-2 Lot Size: There shall be no minimum lot size or lot width in the R-lE Zone.
13-3 Setbacks:
(a) Front Setback: On arterial, collector, industrial or majar streets and highways, the
minimum setback in the R-lE Zone shall be the same as Section 8-8 (a). On local
or minor streets, the minimum setback in the R-lE zone shall be 15 feet to the
front lot line.
(b) Side Setback: The side setback provisions of Section 12 of this Ordinance shall
apply to the R-1 E Zone.
(c) Rear Setback: The rear setback provisions of Section 12 of this Ordinance shall
apply to the R-1 E Zone.
13-4 Coverage: There shall be no maximum lot coverage in the R-lE Zone.
13-5 Building Height: No building or structure shall be erected or constructed in an R-lE
Zone to exceed a height of two and one-half (2-1/2 ) stories or forty-five (45) feet.
13-6 Building Length: There shall be no continuous residential structures such as
townhouses, attached dwellings, or multifamily dwellings containing more than eight (8)
dwelling units.
13-7 DELETED.
13-8 Density Requirements: The maximum number of dwelling units per acre permitted in
the R-lE Zone shall be ten (10). The number of units allowable shall be computed by
multiplying the total acreage of the tract by ten (10).
13-9 Open Space Requirement: Not less than twenty-five (25) percent of the development
shall be maintained as permanent open space. Such open space may include common
areas, buffers, landscaped yards, water areas and any natural areas. Such open space shall
13-1
be computed beginning five (S) feet outside the building walls. Parking and other paved
surfaces, except patios and courtyards, shall not count toward this open space
requirement. Any required open space may be left under individual ownership if it falls
on an individual lot, but a property owners' association shall maintain any common area
not dedicated to the Augusta-Richmond County Commission. Restrictive covenants,
declarations and restrictions running with the land shall provide for access across and
permanent maintenance and protection of the common space within these requirements.
13-10 Off-Street Parking Regulations:
(a) A minimum of two (2) parking spaces for each dwelling unit shall be provided in
the R-1 E Zone.
(b) Where off-street parking is arranged so as to require backing from more than four
contiguous spaces directly onto a public street, the minimum parking space
dimensions shall be ten (10) feet in width and twenty-five (25) feet in length.
(c) No off-street parking shall be arranged so as to require backing from a space
directly into a collector or an arterial street.
13-11 Application for Approval: All applications for development or a change of zoning to an
R-lE Zone shall be accompanied by the following:
(a) A plat of the land to be included in the total development showing all rights-of-
way and easements affecting the property to be rezoned to an R-lE classification.
(b) A plat of the lots and the boundaries thereof along with the square footage
contained in each lot and the location and rights-of-way of proposed streets.
(c) The location of buildings and the number of stories contained in each.
(d) The preliminary location of water supply, sanitary and storm sewer systems.
(e) The location of all curb cuts, driving lanes and parking areas.
( fl The location and type of all common areas (pedestrian walkways, open spaces,
recreational uses) including a statement of the method to be used to insure
continued maintenance of such areas.
(g) The location and height of all walls, fences and screen plantings.
(h) A typical tentative plan showing elevations of the proposed dwellings, including a
tentative statement indicating the type of construction to be used.
(i) A tabulation of the total area, number of dwelling units, and overall density per
acre.
13-12 Revision of Plans After Final Approval: Any request to change an approved
development plan which affects the intent and character of the development, the density
or land use pattern, the location or dimension of streets, or similar changes, shall follow
the procedures set forth in Section 35 of this Ordinance. A request for revision of the
development plan shall be supported by a written statement of why the revisions are
necessary or desirable.
13-13 Compliance with Subdivision Regulations: The development shall comply with the
pertinent requirements of the Subdivision Regulations for Augusta.
13-14. Buffer Yard: A 10 foot wide buffer yard which meets the requirements of the Augusta
Tree Ordinance as it pertains to side buffer yards is required along an entire side or rear
boundary of the proposed development if:
13-2
(a) The proposed average lot size for the proposed development is less than 80% of the
average of the size of existing residential lots within 300 feet of a side or rear boundary
of the proposed development; or
(b) The proposed average lot size for the development is less than 80% of the minimum
lot size permitted by the zoning classification of property within 300 feet of a side or rear
boundary of the proposed development if such property is undeveloped but zoned single
family residential or agricultural.
Amended January 2008 — Section 13-14
13-3
RESIDENTIAL DISTRICT CLASSIFICATIONS
SECTION 14
R-MH (MANUFACTURED HOME RESIDENTIAL) ZONE
14-1 Permitted Uses:
(a) Any use permitted in the R-1 (One-family) Zone, subject to the restrictions and
regulations of the R-1 Zone.
(b) Manufactured Home Parks in accordance with the requirements of Section 27 of
this Ordinance.
(c) Manufactured Homes on individual lots in accordance with the provisions of
Section 27 of this Ordinance.
14-2 Height: The height provisions of the R-1 (One-family) Zone shall apply.
I4-3 Area: Every lot in an R-MH (Manufactured Home Residential) Zone where
public sewer is to be used shall be 1 S, 000 square feet. Every lot in an R-MH
(Manufactured Home Residential) Zone where an individual sewage disposal
system is to be used shall be developed in accordance with the provisions of the
Groundwater Recharge Area Protection Ordinance. The minimum lot (space)
area for manufactured home parks shall also be developed in accordance with the
provisions of the Groundwater Rechar�e Area.
14-4 Lot Width: The minimum lot width in the R-MH zone is 100 feet. For Manufactured
Home Parks the requirements shall be as set forth in Section 27 of this Ordinance.
14-5 Setbacks: Front, side, and rear yard setback requirements shall be the same as for the R-1
(One-family) Zone.
14-6 Lot Coverage: The lot coverage in the R-MH (Manufactured Home Residential) Zone
shall not be more than forty percent (40%).
Amended September 2005 — Sections 14-3 & 14-4
14-1
RESIDENTIAL DISTRICT CLASSIFICATIONS
SECTION 15
R-2 (TWO-FAMILI� ZONE
15-1 Permitted Uses:
(a) Any use permitted in the R-1 (One-family Residential) Zone, subject to the
restrictions and regulations of the R-1 Zone.
(b) Two-family Dwellings.
15-2 Special Exception: The following may be permitted in a R-2 Zone by Special
Exception.
(a) Single family attached dwellings and condominiums developed in accordance
with Section 13 of this Ordinance, provided that the density of dwellings shall not
exceed the regulations set forth in Section 1 S-4 (b) of this Ordinance.
(b) Public parking areas, when located and developed as in Section 4 and where the
area adjoins a use other than provided for in the R-1 Zone, provided such
transitional use does not extend more than one (100) feet from the boundary of the
less restricted zone.
15-3 Height: The height provisions of the R-1 Zone shall apply to the R-2 (Two-family
Residential) Zone.
15-4 Area:
(a) Size of Tract: The m�imum size of any tract to be zoned and developed under
an R-2 Zone shall be one (1) acre.
(b) Lot area per dwelling unit: The minimum lot area per dwelling unit shall be two
thousand five hundred (2,500) square feet in an R-2 Zone.
(c) Lot Area: Every tract in an R-2 Zone shall have a minimum width of fifty (50)
feet and a minimum area of five thousand (5,000) square feet.
(d) Lot Coverage: Not more than forty percent (40%) of the lot shall be covered by
buildings or structures in an R-2 Zone.
15-4 Setbacks:
(a) Front Setbacks: The front yard setback provisions of Sections 8-11 shall apply to
the R-2 (Two-family Residential) Zone.
(b) Side Setbacks: The side yard setback provisions of Sections 8-11 of this
Ordinance shall apply to the R-2 (Two-family Residential) Zone.
(c) Rear Setbacks: The rear yard setback provisions of Sections 8-11 of this
Ordinance shall apply to the R-2 (Two-family Residential) Zone.
15-1
1 S-5 Special Exceptions
Any use established as a result of a Special Exception granted per Subsection 1 S-2 must
be initiated within six (6) months of the granting, or the Special Exception shall no longer
be valid. The initiation of a use is established by the issuance of a valid business license
by the Augusta Planning and Development Department or by other reasonable proof of
the establishment of vested rights. If a Special Exception is granted and the use is
initiated but later ceases to operate for a period of one (1) year, then the Special
Exception shall no longer be valid.
Amended August, 2006, Section 15-2 (a)
Amended Sept. 2004, Section 15-5
15-2
RESIDENTIAL DISTRICT CLASSIFICATIONS
SECTION 16
R-3A (MULTIPLE-FAMILY RESIDENTIAL) ZONE
16-1 Permitted Uses:
(a) Any use permitted in the R-2 (Two-family) Zone subject to the restrictions and
regulations of the R-2 Zone; and
(b) Multiple-family dwellings.
16-2 Special Exception: The following may be permitted in the R-3A Zone by Special
Exception.
(a) Lodging house or tourist house.
(b) Single family attached dwellings and condominiums developed in accordance
with Section 13 of this Ordinance, provided that the density of dwellings shall not
exceed the regulations set forth in Section 16-5 (a) of this Ordinance.
(c) Family personal care homes subject to the criteria established in Section 26 of this
Ordinance.
(d) Group personal care homes.
(e) Fraternity or sorority houses.
(� Public parking areas, when located and developed as in Section 4 and where the
area adjoins a use other than provided for in the R-1 Zone, provided such
transitional use does not extend more than one hundred (100) feet from the
boundary of the less restricted zone.
DELETED.
16-4 Height: The height provisions of the R-2 (Two-family) Zone shall apply to the R-3A
Zone.
16-5 Area:
(a) Lot area per dwelling unit: The minimum lot area per dwelling unit shall be four
thousand (4,000) square feet in an R-3A Zone.
(b) Tract Area: Every tract in an R-3A Zone shall have a minimum width of eighty
(80) feet and a minimum area of ten thousand (10,000) square feet.
16-6 Lot Coverage: The lot coverage provisions of the R-2 (Two-family) Zone shall apply to
the R-3A Zone.
16-7 Setbacks:
(a) Front Setbacks: The front yard setback provisions of Sections 8-8 of this
Ordinance shall apply to the R-3A (Multiple-family) Zone.
(b) Side Setbacks: The side yard setback provisions of Sections 8-8 of this Ordinance
shall apply, provided when a side yard abuts a zone described in Sections 8-8 of
this Ordinance, no structure may be constructed within 25 feet of the boundary of
that zone. If a six (6) foot brick or stucco wall is constructed beginning at the
front setback line and extending along the entire side property line adjoining the
zone described in Sections 8-8 of this Ordinance, then the required setback shall
16-1
be fifteen (15) feet. Where a side yard abuts a public street the provisions for front
setbacks shall apply.
(c) Rear Setbacks: The rear yard setback shall be the greater of twenty-five (25) feet
or twenty (20) percent of the depth of the lot, but such yard need not exceed fifty
(50) feet.
16-8 Special Exceptions
Any use established as a result of a Special Exception granted per Subsection 16-
2 must be initiated within six (6) months of the granting, or the Special Exception
shall no longer be valid. The initiation of a use is established by the issuance of a
valid business license by the Augusta Planning and Development Department or
by other reasonable proof of the establishment of vested rights. If a Special
Exception is granted and the use is initiated but later ceases to operate for a
period of one (1) year, then the Special Exception shall no longer be valid.
Amended August, 2006, Section 16-2 (b)
Amended Sept. 2004, Section 16-8
16-2
RESIDENTIAL DISTRICT CLASSIFICATIONS
SECTION 17
R-3B (MULTIPLE-FAMILY RESIDENTIAL) ZONE
17-1 Permitted Uses:
(a) Any use permitted in the R-3A (Multiple-family Residential) Zone subject to the
restrictions and regulations of the R-3A Zone;
(b) Single family attached dwellings and condominiums developed in accordance
with Section 13 of this Ordinance, provided that the density of dwellings shall not
exceed the regulations set forth in Section 17-5 (a) of this Ordinance.
(c) Lodging or tourist home.
(d) Family and group personal care homes.
(e) Fraternity or sorority house.
17-2 Special Exception: The following may be permitted in the R-3B Zone by Special
Exception:
(a) Public parking areas, when located and developed as in Section 4 and where the
area adjoins a use other than provided for in the R-1 Zone, provided such
transitional use does not extend more than one hundred (100) feet from the
boundary of the less restricted zone.
17-3 DELETED.
17-4 Height: Maximum height shall not exceed four (4) stories or seventy-five (75) feet,
except that the height may be increased as provided for in Section 29 of this Ordinance.
17-5 Area:
(a) Lot area per dwelling unit: The minimum lot area per dwelling unit shall be two
thousand five hundred (2,500) square feet in an R-3B Zone.
(b) Tract Area: The tract area provisions of the R-3A (Multiple-family Residential)
Zone shall apply to the R-3B Zone.
17-6 Lot Coverage: The lot coverage provisions of the R-3A (Multiple-family Residential)
Zone shall apply to the R-3B Zone.
17-7 Setbacks:
(a) Front Setbacks: The front yard setback provisions of the R-3A Zone shall apply to
the R-3B Zone.
(b) Side Setbacks: The side yard setback provisions of the R-3A Zone shall apply to
the R-3B Zone.
(c) Rear Setbacks: The rear yard setback provisions of the R-3A Zone shall apply to
the R-3B Zone.
17-1
17-8 Special Exceptions
Any use established as a result of a Specittl Exception granted per Subsection 17-2 must
be initiated within six (6) months of the granting, or the Special Exception shall no longer
be valid. The initiation of a use is established by the issuance of a valid business license
by the Augusta Planning and Development Department or by other reasonable proof of
the establishment of vested rights. If a Special Exception is granted and the use is
initiated but later ceases to operate for a period of one (1) year, then the Special
Exception shall no longer be valid.
Amended August 2006, Section 17-1 (b)
Amended Sept. 2004, Section 17-8
.
17-2
RESIDENTIAL DISTRICT CLASSIFICATIONS
SECTION 18
R-3C (MULTIPLE-FAMILY RESIDENTIAL) ZONE
18-1 Permitted Uses:
(a) Any use permitted in the R-3B (Multiple-family Residential) Zone subject to the
restrictions and regulation of the R-3B Zone;
(b) Single family attached dwellings and condominiums developed in accordance
with Section 13 of this Ordinance, provided that the density of dwellings shall not
exceed the regulations set forth in Section 18-5 (a) of this Ordinance.
(c) Congregate personal care homes.
18-2 Special Exceptions: The following may be permitted in the R-3C Zone by Special
Exception:
(a) Public parking areas, when located and developed as in Section 4 and where the
area adjoins a use other than provided for in the R-1 Zone, provided such
transitional use does not extend more than one hundred (100) feet from the
boundary of the less restricted zone.
18-3 DELETED.
18-4 Height: Maximum height shall not exceed six (6) stories or one hundred and five (105)
feet, except that the height may be increased as provided for in Section 29 of this
Ordinance.
18-5 Area:
(a) Lot area per dwelling unit: The minimum lot area per dwelling unit shall be one
thousand five hundred (1,500) square feet in an R-3C Zone
(b) Tract Area: The tract area provisions of the R-3A (Multiple-family Residential)
Zone shall apply to the R-3C Zone.
18-6 Lot Coverage: Not more than fifty percent (50%) of the lot may be covered by buildings
or structures.
18-7 Setbacks:
(a) Front Setbacks: The front yard setback provisions of the R-3A Zone shall apply to
the R-3C.
(b) Side Setbacks: The side yard setback provisions of the R-3A Zone shall apply to
the R-3C Zone.
(c) Rear Setbacks: The rear yard setback provisions of the R-3A Zone shall apply to
the R-3C Zone.
18-1
18-8 Special Exceptions
Any use established as a result of a Special Exception granted per Subsection 18-2 must
be initiated within six (6) months of the granting, or the Special Exception shall no longer
be valid. The initiation of a use is established by the issuance of a valid business license
by the Augusta Planning and Development Department or by other reasonable proof of
the establishment of vested rights. If a Special Exception is granted and the use is
initiated but later ceases to operate for a period of one (1) year, then the Special
Exception shall no longer be valid.
Amended August 2006, Section 18-1 (b)
Amended Sept. 2004, Section 18-8
18-2
RESIDENTIAL DISTRICT CLASSIFICATIONS
SECTION 19
PUD (PLANNED UNIT DEVELOPMENT) ZONE
Statement of Intent: The intent of this section is to permit greater flexibility and, consequently,
more creative and imaginative design for development of residential areas than is generally
possible under conventional zoning regulations. It is further intended to promote more
economical and efficient use of land while providing a harmonious variety of housing choices,
higher level of amenities, and preservation of natural qualities of open spaces. Within the
Planned Unit Development Zone a variety of housing types and land uses may be permitted in an
orderly relationship to one another and to existing land uses, as well as with due regard to
comprehensive planning within Augusta, Georgia.
19-1 Definition: For the purpose of this section a Planned Unit Development is defined as a
land development project comprehensively planned as an entity via a unitary site plan
which permits flexibility in building siting, mixtures of housing types and land uses,
usable open spaces, and the preservation of significant natural features. Other terms or
words used in this section shall be as defined in Section 2, General Definitions, of this
Ordinance.
19-2 Permitted Uses within a PUD (Planned Unit Development) Zone shall be primarily
residential in character, and may include the following:
(a) Single-family detached dwellings.
(b) Single-family attached dwellings (townhouse, duplex, condominium or similar
type).
(c) Multiple-family dwellings.
(d) Public or semipublic institutions (churches, schools, community or club facilities,
and similar uses).
(e) Recreational Facilities, including swimming pools, tennis courts, golf courses,
and other recreational facilities intended for the primary use and enjoyment of the
residents of the proposed development.
( fl Common open space.
(g) Accessory uses to those listed above.
(h) Uses permitted within a B-1 (Neighborhood Business) Zone subject to the
restrictions of that zone and provided that the uses proposed meet the following
criteria:
(1) The location is appropriate in relation to other land uses on or adjacent to
the proposed development.
(2) The proposed commercial or retail use is designed so that it will primarily
serve the residents of the proposed development.
(3) The uses shall not, by reason of their construction, manner of operation,
signs, lighting, parking arrangements, or other characteristics, have
adverse effects on residential uses within or adjoining the proposed
development, or create traffic congestion or hazards to vehicular or
pedestrian traffic.
19-1
19-3 Size of Tract: The minimum size of any tract to be zoned and developed for a Planned
Unit Development shall be five (5) acres and the tract shall have permanent paved access
to a paved public road or a road to be paved and dedicated to the public.
19-4 Area Limitations:
(a) Commercial Uses: A maximum of five (5) percent of the total area of the
proposed development may be devoted to commercial use, provided it conforms
with the criteria set forth in the B-1 (Neighborhood Business) Section of this
Ordinance.
(b) Residential Uses: A maximum of seventy-five percent (75%) of the remaining
(noncommercial) area of the tract may be devoted to residential use. Residential
use shall be deemed to include streets, alleys, parking areas, private open spaces
and courts, and uses accessory to residential uses. It shall exclude portions of the
tract devoted to usable open space, recreational, or institutional uses.
(c) Open Space, Recreational, Public and Semipublic Institutional Uses: A minimum
of twenty-five percent (25%) of the remaining (noncommercial) area of the tract
shall be devoted to recreational and/or open space. Land in excess of the
minimum requirement for recreational and/or open space may be devoted to
public or semi- public institutional use. The area reserved for recreational and/or
open space uses shall be held in common for the enjoyment of the residents of the
development or dedicated to the Augusta Commission for the use and enjoyment
of the general public.
19-5 Lot and Building Size Requirements:
(a) Lot Size: There shall be no minimum lot size, no minimum side or rear setbacks,
no minimum percentage of lot coverage, no minimum lot width, provided,
however, that measures shall be taken to provide reasonable visual and acoustical
privacy for dwelling units. Furthermore, every dwelling unit shall have access to a
public or private street, common court or walkway, or other area dedicated to
public or common use.
(b) Building Heights: There shall be no maximum building height except in those
areas that are located within the Airport Approach Zones or Airport Turning
Zones established in Section 28 of this Ordinance.
(c) Building Length: There shall be no continuous residential structure such as
townhouses, attached dwellings, or multifamily dwellings containing more than
eight (8) dwelling units.
19-6 Density Requirements: The maximum number of dwelling units per acre permitted in
the residential areas of the Planned Unit Development Zone shall be twelve (12) units per
acre. The total number of dwelling units to be permitted in a Planned Unit Development
Zone shall be computed by subtracting the area to be used for roadways from the total
residential acreage and multiplying the remainder times twelve (12). When it is
determined that a greater density is consistent with planning principles by evaluating such
factors as the density of development of the surrounding area, environmental
considerations, and the road system serving the tract, a density greater than twelve (12)
units per acre may be approved by the Planning Commission.
19-7 Open Space Standards: Common open space required by these regulations shall be
developed in accordance with the following:
19-2
(a) The amount of open space required by Section 19-4(c) of this Ordinance shall not
include land area devoted to other uses including private yards, patios or decks,
parking structures, open parking areas, driveways, or accessory structures, except
recreational structures. Land devoted to institutional uses, such as churches or
schools, may be included.
(b) Common open space shall be used for amenity or recreational purposes. The uses
proposed for the common open space must be appropriate to the scale and
character of the Planned Unit Development, considering the size, density,
expected population, topography, and the number and type of dwellings to be
provided.
(c) Common open space must be suitably improved for its intended uses, but
common open space containing natural features, existing trees and gound cover
worthy of preservation may be left unimproved.
(d) The buildings, structures, and improvements proposed in the common areas shall
be appropriate to the uses which are proposed for the common open space and
shall conserve and enhance the amenities of the common open space.
(e) The general statement of the proposed development staging required by the
Subdivision Regulations for Augusta-Richmond County must provide for
coordination of the improvement of the common open space with the construction
of buildings and structures in the common open space and the construction of
residential dwellings in the Planned Unit Development.
( fl Legal instruments guaranteeing the permanent retention and maintenance of the
common open space shall be prepared and recorded with the proper authorities.
19-8 General Development Requirements:
(a) Every Planned Unit Development shall be provided with a public water supply
and public sewage disposal system. In no case shall individual wells be allowed
as a method of water supply nor shall individual or community septic tanks be
allowed as a method of sewage disposal.
(b) Internal streets intended to be dedicated to the Augusta Commission shall
conform with the requirements of Article IV of the Subdivision Regulations for
the Augusta Commission. If private streets are proposed, the alignment and
gradient shall be properly adapted to the topography, to safe movement of traffic,
and to adequate control of surface water, ground water, and drainage. Private
streets shall be surfaced with a pavement acceptable to the Department of Public
Works and Engineering.
(c) Off-street parking shall be provided for each individual land use in accordance
with the requirements set forth in Section 4 of this Ordinance.
(d) Where a Planned Unit Development abuts another residential district, a permanent
open space at least twenty-five (25) feet wide, or greater if deemed necessary by
the Augusta Planning and Development Department or Augusta Commission
shall be provided along the property lines. The Planning Commission may require
such open space along all property lines if it is deemed desirable. This open space
area shall be left in its natural state or maintained with landscaping, and no
driveway or off-street parking shall be permitted in such open space. This area
may be included as part of the required open space.
19-3
(e) At the discretion of the Planning Commission, the applicant requesting a rezoning
to a PUD (Planned Unit Development) Zone may be required to provide such
additional information as is deemed necessary to justify and support the type of
development proposed. Such information shall be in addition to that required
under Article V of the Subdivision Regulations for Augusta- Richmond County.
19-9 Revision of Plans after Final Approval: Any change in the approved development plan
which affects the intent and character of the development, the density or land use pattern,
the location or dimension of streets, or similar changes, shall be reviewed first by the
Planning Commission and then by the Augusta Commission after receipt of the
recommendation of the Planning Commission regarding the changes. A request for
revision of the development plan shall be supported by a written statement of why the
revisions are necessary or desirable.
19-4
PROFESSIONAL/OFFICE DISTRICT CLASSIFICATION
SECTION 20
P-1 (PROFESSIONAL/OFFICE) ZONE
20-1 Permitted Uses:
(a) General offices where no retail or wholesale sales are conducted resulting in the
exchange of goods on the premises and where no vehicles or equipment other
than standard passenger vehicles (cars, vans, and pickup trucks) are parked or
stored on the premises.
(b) Physicians, lawyers, engineers, architects, and similar professional uses which
may occupy an entire building or group of buildings.
(c) DELETED.
(d) Branch banks or other financial institutions.
(e) Freestanding Automated Teller Machines.
( fl DELETED.
(g) Provision of the following services where no retail or wholesale activities are
conducted on the premises: insurance, finance, mortgage, accounting, appraisal,
business consultant, real estate, and other similar services.
(h) Beauty shops, barber shops.
(i) Uses customarily incidental to any of the above uses located within the same
building or group of buildings and accessory buildings, when located on the same
lot, including garages for the use of patrons and for employees.
(j) Public parking areas, when located and developed as in Section 4 and where the
area adjoins a use other than provided for in the R-1 Zone, provided such
transitional use does not extend more than one hundred (100) feet from the
boundary of the less restricted zone.
(k) Fence, walls: A fence, latticework screen, or wall in a required side or rear yard
shall not exceed six (6) feet in height. A fence, latticework screen, or wall located
in a required front yard shall be limited to four (4) feet in height. Any fence, wall,
or landscape feature located at the corner of intersection streets described in
Section 3-6 of this Ordinance shall be subject to additional restrictions discussed
in that subsection.
(l) Any o�ce or professional use which is similar in character or nature to
the above mentioned uses upon approval and resolution of the Augusta-
Richmond County Planning Commission may be permitted in a P-1 zone.
20-2 Special Exceptions: The following Specials Exceptions shall apply in a P-1 Zone and
may be permitted upon approval of the location by the Augusta Commission:
(a) Facilities for public or private assembly such as conference center, convention
centers, meeting rooms, hospitality facilities (if utilized for more than fourteen
total days per calendar year), and facilities utilized for similar social events.
Applications for special exceptions pursuant to this subsection shall be
Amended June 2005, Section 20-1 (1)
accompanied by supportive documentation which describes in detail the
services to be provided and the proposed use and development of the site.
20 - 1
This supporting documentation shall illustrate conformity to the following
objective and subjective criteria. Special exceptions granted pursuant to
this subsection shall be specifically for the use described, and they shall be
invalid and automatically rescinded if the use changes substantially or
ceases to exist for a period of one year:
(1) Exterior lighting shall be designed so that the light is reflected
away from adjacent properties;
(2) If there are any single-family residences on adjoining properties
then all outdoor activities shall cease at 11:00 P.M.;
(3) Only one sign per street front shall be permitted. Such sign may
identify the business only, not to exceed 24 square feet in area, and
extend not higher than six feet above the ground. No such sign
may be internally lighted;
(4) Alcoholic beverages may not be sold on the premises. An open
bar where guests are not charged for drinks may be provided;
(5) The volume of amplified sound shall be kept at such a level that it
is not audible from any single-family residence;
(6) Parking facilities shall be provided as the staff deems necessary;
(7) The design and scale of any improvements shall be consistent with
the surrounding area;
(8) Improvements shall conform to all appropriate provisions of the
Tree Ordinance; and
(9) Additional conditions may be imposed if deemed appropriate to
the proposed use and location.
(b) Any use set forth in the R-3C zone, subject to the restrictions and
regulations of the R-3C Zone.
20-3 Height: Not to exceed three (3) stories nor higher than fifty-five (55) feet.
20-4 Setbacks:
Front Yard: The front yard setback provisions of the R-3A Zone shall apply to the P-1
Zone;
Side Yard: The side yard setback provisions of the R-3A Zone shall apply to the P-1
Zone;
Rear Yard: The rear yard setback provisions of the R-3A Zone shall apply to the P-1
Zone.
20-5 Maximum Individual Building Area: No individual building, whether freestanding or
attached as part of a planned center or similar group of buildings, may be constructed in
excess of 15,000 gross square feet in area after the effective date of the Ordinance
amendment.
20-2
20-6 Special Exceptions
Any use established as a result of a Special Exception granted per Subsection 20-2 must
be initiated within six (6) months of the granting, or the Special Exception shall no longer
be valid. The initiation of a use is established by the issuance of a valid business license
by the Augusta Planning and Development Department or by other reasonable proof of
the establishment of vested rights. If a Special Exception is granted and the use is
initiated but later ceases to operate for a period of one (1) yeaY, then the Special
Exception shall no longer be valid.
Amended Sept. 2004, Section 20-6
20-3
BUSINESS DISTRICT CLASSIFICATIONS
SECTION 21
B-1 (NEIGHBORHOOD BUSINESS) ZONE
21-1 Permitted Uses:
(a) Any use permitted in the P-1 (Professional/Office) Zone or the R-3C (Multiple-
family Residential) Zone subject to the restrictions and regulations of the
respective Zone.
(b) The following uses are authorized in a B-1 Zone:
(1) Apparel store
(2) Bakery
(3) DELETED.
(4) DELETED.
(5) Dry cleaning and laundry establishment, excluding steam and power
laundries, operated in conjunction with customer service counters and
limited to the dry cleaning and laundering of articles delivered to the
premises by individual customers provided, however, that no materials
may be used in any laundering or cleaning process which are explosive,
inflammable, combustible, or toxic in greater degree than
Perchlorethlylene or equivalent, and provided further that no odor, fumes,
or other nuisance producing agents are expelled in such a way as to be
detectable beyond the property line of the property used for such
businesses.
(6) Medical equipment and medical supply store
(7) Drive-in type retail business where a customer is waited upon in an off-
street parking area, or where a customer conducts business directly from a
vehicle with an agent in the building.
(8) Drug store
(9) Dry goods or notions store
(10) Florist or gift shop
(11) Grocery, fruit or vegetable market
(12) Hardware or electric appliance store
(13) Jewelry store
(14) Health spa, tanning booth, massage therapy establishment
(15) Meat market or delicatessen
16) Motel
(a) DELETED.
(b) There shall be staff or management on duty 24 hours per day 7
days per week;
(c) Each guest room shall have a minimum area of 280 square feet;
(d) No business license shall be issued for any business operated from
any guest room; and
(e) No more than half of the total number of guest rooms shall have
kitchenettes or any kitchen facilities.
(17) Music store
(18) Newsstand
(19) Video rental store
21-1
(20) DELETED
(21) Photographer (including sale of supplies and equipment)
(22) Cafe having a seating capacity of less than 40 persons and conducted
consistent with Section 6-2-52 of the Augusta Georgia Code thereby
regulating alcohol licenses for eating establishments. Restaurant having a
seating capacity of at least 40 persons and conducted consistent with
Section 6-2-52 of the Augusta Georgia Code thereby regulating alcohol
licenses for eating establishments.
(23) DELETED.
(24) Shoe store and shoe repair shop
(25) Supermarket
(26) Tailor
(27) Variety store
(28) Churches, parochial and private schools, transitional housing, family day
care homes, adult day care facilities, private hospitals, clubs (public and
private), and nursing homes. These uses are also permitted by Special
Exception in other zones discussed in Section 26-1 of this Ordinance.
Uses which would in any way involve detained persons, or persons who
would be or have been released from correctional facilities such as
halfway homes, or similar uses that in any way relate to corrections or
incarceration may not be permitted by right in the B-1 zone.
(29) Veterinarian Clinic (no outside kennels allowed)
(30) Group day care homes and day care centers.
(31) Establishments having less than three video electronic games or
amusements on site in conjunction with a permitted use other than a use
specializing in or characterized as a video electronic game room, arcade,
or similarly defined establishment. Where the property line of the
permitted use is located within 1500 feet of any property line of any
private or public educational institution having all or some combination of
grades kindergarten through twelfth, no electronic games or amusements
are allowed.
(32) Construction Trailers Subject to the following.•
a) A Manufactured Home permit shall be acquired from the
Augusta Planning and Development Department;
b) The location for the Construction Trailer shall be shown
and approved on a Site Plan. Said location shall be as far
removed from and buffered from residential areas and
public streets as practical;
c) The Construction Trailer shall be tied down and
underpinned; and
d) The Construction Trailer shall be removed from the
property prior to issuance of a Certificate of Occupancy.
(c) The above specified businesses, stores, or shops shall be retail or service
establishments only.
(d) Any business which is similar in character or nature to the above mentioned uses
upon approval and resolution of the Augusta, Georgia Planning Commission may
be permitted in a B-1 Zone.
21-2
(e) Shopping Centers: The petitioner shall submit to the Augusta Planning and
Development Department a preliminary development plan for the shopping center
showing the arrangement of the buildings, off-street parking, internal traffic
movement and service facilities which are feasible for the property on which the
center is to be located. The petitioner shall plan the center to minimize any
adverse effects on the property surrounding the proposed development. The
preliminary plot plan shall show the following:
(1) Topographic features of the proposed development and the area within
two hundred (200) feet of the center.
(2) Proposed off-street parking layout.
(3) Loading zones.
(4) Planting areas.
(5) Driveways, entrances, and exits.
(6) General drainage system.
(7) Sign locations.
(8) Walkways.
(9) Water and gas mains.
(10) Power source.
21-2 Special Exceptions:
The following may be permitted in a B-1 Zone by Special Exception:
Application for such a Special Exception shall include a Conceptual Plan showing the
size and elevation of all buildings to be built on the site, proposed ingress and egress,
buffering if any beyond the minimum requirements of the Tree Ordinance, and all
proposed sign locations. The proposed use of the property shall also be disclosed.
a) Individual buildings - Individual buildings, whether freestanding or attached as part
of a shopping center or similar group of buildings, which would exceed 15,000 gross
square feet of area may be permitted by special exception in B-1 zones if they
generally conform to the following subjective and objective criteria:
• Surrounding area — the nature of the surrounding area is not predominantly
residential with only a few commercial uses interspersed;
• Location — the property is located at or within 500 feet of the intersection of two
arterial streets
• Nature of the use — the goods and services to be offered cater generally to the
surrounding area such as a drug store or a grocery store, not to the city as a whole
such as a large appliance store.
b) Convenience Stores - Convenience stores may be permitted by Special Exception in
B-1 zones if they generally conform to the following subjective and objective criteria:
21-3
• Hours of operation — the establishment would not be open for business more than
18 hours per day
• Illumination — the entire site would not be illuminated as a way to attract
attention, but rather to a level consistent with security and identification of the
business
• Location — the property is located at or within 500 feet of the intersection of
arterial streets or within 500 feet of such an intersection
• Surrounding area — the nature of the surrounding area is not predominantly
residential with only a few commercial uses interspersed
• Video games/Amusements - video games/nor similar amusements are to be
located on the property
c) Liquor Store — Liquor stores may be permitted by Special Exception in B-1 zones if
they generally conform to the following subjective and objective criteria:
• Surrounding area — the nature of the surrounding area is not predominantly
residential with only a few commercial uses interspersed;
• Location — the property is at the intersection of two arterial streets or within 500
feet of such an intersection;
• Proximity to public places — the property is not within 1000 feet of a public park
or recreation area, school or library
d) A Tavern having a seating capacity of less than 40 persons conducted consistent with
Section 6-2-51 of the Augusta Georgia Code thereby regulating alcohol licenses
(excluding dancing and entertainment).
21-3 DELETED.
21-4 DELETED.
21-5 Maximum height of buildings in a B-1 Zone shall not exceed three (3) stories nor
exceed fifty-five (55) feet in height.
21-6 Setbacks:
(a) Front Setback: The front yard setback requirements in Section 8 shall apply to
the B-1 (Neighborhood Business) Zone.
(b) Side Setback:
(1) Where the side yard of a lot in a B-Zone abuts the side of a lot in an R-
Zone, there shall be a side yard of not less than five (5) feet for each story
of twelve (12) feet in height, but such side yard shall not be less than ten
(10) feet in width. In all other cases, a side yard for a commercial building
shall not be required, but if provided, it shall not be less than three (3) feet
in width.
21-4
- _ _
(2) On a corner lot in a B-Zone which abuts an R-Zone, there shall be
provided a side yard on the side street equal in depth to the required front
yard on said side street.
(c) Rear Setback:
(1) Where the B-Zone abuts an R-Zone, there shall be a rear yard the greater
of twenty (20) percent of the depth of the lot or twenty (20) feet, but such
rear yard shall not exceed fifty (50) feet. In all other cases no rear yard
shall be required, but if provided, it shall not be less than three (3) feet in
depth.
21-7 Maximum Individual Building Area:
No individual building, whether freestanding or attached as part of a shopping center or
similar group of buildings, may be constructed in excess of 15,000 gross square feet in
area after the effective date of the Ordinance amendment, except as provided for at 21-
2(a).
2I-8 Special Exceptions
Any use established as a result of a Special Exception granted per Subsection 21-2 must
be initiated within six (6) months of the granting, or the Special Exception shall no longer
be valid. The initiation of a use is established by the issuance of a valid business license
by the Augusta Planning and Development Department or by other reasonable proof of
the establishment of vested rights. If a Special Exception is granted and the use is
initiated but later ceases to operate for a period of one (1) year, then the Special
Exception shall no longer be valid.
Amended Sept. 2004, Section 21-8
Amended January 2005 — Section 21-1 (b)(32)
Amended May 2009 —Section 21-2
Amended July 2011- Section 21-1(b)
Amended July 2011 — Section 21-2(d)
21-5
BUSINESS DISTRICT CLASSIFICATIONS
SECTION 22
B-2 (GENERAL BUSINESS) ZONE
22-1 Permitted Uses:
(a) Any use permitted in the B-1 (Neighborhood Business) Zone subject to the
restrictions and regulations of the B-1 Zone.
(b) The following uses are authorized in a B-2 (General Business) Zone:
(1) Stores and shops for the conducting of any retail business.
(2) Cafes, restaurants, taverns and drinking establishments (nightclubs)
(3) Theaters, billiard or pool parlors, bowling alleys, skating rinks, or similar
recreational uses or places of assembly, and establishments having less
than three (3) video or electronic games or amusements on site in
conjunction with another permitted use other than a use or place
specialized in or characterized as being a video or electronic game room,
arcade, or similarly-defined establishment except where the property line
of the other permitted use lies within fifteen hundred (1,500) feet of the
property line of any public or private educational institution having all or
some combination of grades kindergarten through twelfth.
(4) Telephone offices and call centers.
(5) Baking, confectionery, dressmaking, dyeing, laundry, printing, tailoring,
upholstering, and similar establishments, and businesses of a similar and
no more objectionable character; subject to the following provisions: All
goods or products manufactured or processed shall be sold on the
premises. All such manufacturing and processing shall be done on the
premises.
(6) Golf Driving ranges subject to the following:
(a) That the minimum size of a tract to be used as a golf driving range
be ten (10) acres,
(b) That a one-hundred (100) foot buffer area be required between
surrounding properties and the golf driving range operation.
(7) Public parking garages, automobile parking lots and automobile sales lots.
(8) Flea Markets: Goods may be displayed outside buildings during daily
business operations, but goods must be stored inside buildings when daily
business operations cease. Buildings utilized in conjunction with flea
markets must conform to all appropriate codes. Prospective flea market
license applicants must also conform with Section 3 of Augusta, G�t���i�
Ordinance Number 84-4.
(9) Mini-warehouses
(10) Travel Trailer Parks
(11) Business Parks, mixed use facilities where fifty (50) percent or more of
the gross leasable area of buildings is designed for and occupied by
commercial, retail, or service tenants, and the remainder is occupied by
wholesale, storage, or warehouse facilities. Adequate parking pursuant to
Section 4 of this Ordinance must be provided prior to the issuing of a
certificate of occupancy. No materials, machinery, equipment or products
may be stored outside of buildings in a business park. No loading doors
22 - 1
shall be visible from a public road or from any R-1 (One-family
Residential) Zone. All delivery vehicles must be parked in the designated
loading areas.
(12) Video electronic game rooms or arcades. Prospective applicants for
licenses to operate electronic game rooms or arcades must conform with
Section 6-6-45 of the Augusta, Georgia Code.
(13) Automobile service stations and automobile repair garages where no body
or fender repairs take place, provided that:
(a) All repair work and vehicle storage shall be conducted within an
area enclosed on all sides by a solid wall or finished board fence
not less than six (6) feet in height and maintained in good
condition at all times;
(b) No dismantling of vehicles to obtain auto parts or other such
activity shall be conducted;
(c) Such use shall be located at least one hundred (100) feet from any
residential district or use;
(d) There shall be no opening in said building on any side facing a
residential district or use other than a stationary window; and
(e) Nonconforming automobile repair garages and automobile service
' stations shall be made to conform with Subsections (a) &(b) of
Section 22-1 (13) of this Ordinance.
(14) Gun Shops
(15) Pawn Shops
(16) Funeral Homes
(17) Car Wash
(18) Hotel - subject to the following restrictions and regulations:
(a) There shall be no direct vehicular access to any guest room;
(b) There shall be staff or management on duty 24 hours per day seven
days per week;
(c) Each guest room shall have a minimum of 280 square feet;
(d) No business license shall be issued for any business operated from
any guest room; and
(e) No more than half of the total number of guest rooms shall have
kitchenettes or any kitchen facilities.
(19) Liquor stores.
(20) Convenience stores.
(21) Fence, walls: A fence, latticework screen, or wall in a required front, side
or rear yard shall not exceed six (6) feet in height. Any fence, wall or
landscape feature located at the corner of intersecting streets described in
Section 3-6 of this Ordinance shall be subject to additional restrictions
discussed in that subsection.
22-2 Special Exceptions: The following may be permitted in a B-2 Zone by Special
Exception:
(a) Automobile body and fender repair provided that:
(1) All repair work and vehicle storage shall be conducted within an area
enclosed on all sides by a solid wall or finished board fence not less than
six (6) feet in height; and
22-2
(2) No dismantling of vehicles to obtain auto parts or other such activity shall
be conducted; and
(3) Such use shall be located at least one hundred (100) feet from any
residential district or use.
(b) DELETED.
(c) Collection of materials for recycling subject to the following restrictions:
(1) No volume reduction or physical or chemical alteration of collected
materials may be conducted; and
(2) All materials upon collection shall be expeditiously placed inside a
building, truck trailer, or other enclosure. No collected materials may be
stored outside such an enclosure at the end of the normal business day.
(d) Hotel, Extended Stay - subject to the following restrictions and regulations:
1) There shall be no direct vehicular access to any guest room;
2) There shall be staff or management on duty 24 hours per day seven days
per week;
3) Each guest room shall have a minimum of 280 square feet;
4) No business license shall be issued for any business operated from any
guest room;
5) No outside storage or permanent parking of equipment or vehicles shall be
permitted;
6) No buildings constructed under this section may be converted to or used as
apartments or condominiums; and
7) A preliminary plan shall be submitted showing the proposed layout of
buildings, ingress/egress, buffers and landscaping, amenities, and the
density of development. This preliminary plan shall be a consideration in
granting the Special Exception.
(e) Motel, Extended Stay - subject to the following restrictions and regulations:
1) DELETED.
2) There shall be staff or management on duty 24 hours per day seven days
per week;
3) Each guest room shall have a minimum of 280 square feet;
4) No business license shall be issued for any business operated from any
guest room;
5) A preliminary plan shall be submitted showing the proposed layout of
buildings, ingess/egress, buffers and landscaping, amenities, and the
density of development. This preliminary plan shall be a consideration in
granting the Special Exception;
6) No vehicle storage or permanent parking of equipment or vehicles shall be
permitted; and
7) No buildings constructed under this section may be converted to or used as
apartments or condominiums.
(fl Business parks - as defined in Section 22-1 (11) where thirty (30) percent or
more of the gross leasable area of buildings is designed for and occupied by
commercial, retail, or service tenants, and the remainder is occupied by
wholesale, storage, or warehouse facilities. �
22-3 The maximum height of a professional or commercial building or structure in the B-2
Zone shall not exceed one hundred sixty-five (165) feet.
22-3
22-4 The setback provisions of the B-1 Zone shall apply to the B-2 Zone.
22-5 Maximum Individual Building Area: There shall be no maximum individual building
area in the B-2 (General Business) Zone.
22-6 Special Exceptions
Any use established as a result of a Special Exception granted per Subsection 22-2 must
be initiated within six (6) months of the granting, or the Special Exception shall no longer
be valid. The initiation of a use is established by the issuance of a valid business license
by the A��usttz ��'�zrzr�i�� t�� .�e���apm�nt l�ep�r�trr�rz,t or by other reasonable proof of
the establishment of vested rights. If a Special Exception is granted and the use is
initiated but later ceases to operate for a period of one (1) year, then the Special
Exception shall no longer be valid.
Amended August 2011, Section 22-2 (b) (2)
Amended Sept. 2008, Section 22-2 (f)
Amended Sept. 2007, Section 22-3
22-4
INDUSTRIAL DISTRICT CLASSIFICATIONS
SECTION 23
LI (LIGHT INDUSTRIAL) ZONE
23-1 Permitted Uses:
(a) Any use permitted in the B-2 (General Business) Zone subject to the restrictions
and regulations of the B-2 Zone.
(b) The following uses are authorized in the LI Zone:
(1) Wholesale, storage, and warehouse facilities.
(2) Lumber, feed, or other similar storage yards, but not salvage yards, coal
yards, or junkyards.
(3) Uses of light manufacturing nature. Manufacturing establishments and
operations other than those classified as heavy industry (Section 24),
which are housed within a building and emit no excessive noise, dust, or
vibrations beyond the property on which the establishment is located.
(4) Automobile body and fender repair provided that all repair work and
vehicle storage shall be conducted within an area enclosed on all sides by
a solid wall, or finished fence not less than six (6) feet in height.
(5) Storage of construction equipment and other heavy equipment, and trucks
in excess of one (1) ton capacity and having three (3) or more axles.
(6) Collection of materials for recycling subject to the following restrictions:
(a) No volume reduction or physical or chemical alteration of
collected materials may be conducted; and
(b) All materials upon collection shall be expeditiously placed inside a
building, truck trailer, or other enclosure. No collected materials
may be stored outside such an enclosure at the end of the normal
business day.
23-2 Uses prohibited in an LI Zone:
(a) Any use that may be noxious or injurious by reason of the production or emission
of dust, refuse matter, odor, gas fumes, noise, vibrations, radiation, or similar
substances or conditions.
(b) Residential use is specifically prohibited.
23-3 Height: The maximum height of a building or structure in a LI Zone shall not exceed one
hundred sixty-five (165) feet.
23-4 Area: The entire lot in an LI Zone may be covered with the exception of mandatory
open spaces hereinafter required.
23-5 Setbacks:
(a) Front yard, forty (40) feet.
(b) Side yards, ten (10) feet each.
(c) Rear yard, twenty-five (25) feet.
23 - 1
23-6 Distance from an R-Zone: Industrial activities, including construction of buildings for
industrial use, storage of materials, and loading facilities shall not be located within 50
feet of a R-Zone boundary. Parking of vehicles except for automobiles that are used by
employees and customers shall not be permitted within 50 feet of an R-Zone boundary.
23-7 DELETED.
23 - 2
INDUSTRIAL DISTRICT CLASSIFICATION
SECTION 24
AI (HEAVY INDUSTRIAL) ZONE
24-1 Permitted Uses:
(a) Any use permitted in an LI (Light Industry) Zone, subject to the rules and
regulations of the LI Zone.
(b) DELETED.
(c) Uses customarily incidental to the above uses and necessary buildings when
located on the same lot.
(d) The following uses provided, however, no building, structure, or portion thereof,
shall be hereafter erected, converted, or otherwise used for residential purposes:
(1) Acetylene gas manufacture and storage
(2) Alcohol manufacture
(3) Deleted
(4) Asphalt manufacture or refining
(5) Deleted
(6) Boiler works
(7) Central station light or power plant
(8) Deleted
(9) Concrete, cement products, or clay manufacture
(10) Cotton gin
(11) Deleted
(12) Gas manufacture from coal or petroleum or the storage thereof
(13) Deleted
(14) Meat products manufacture
(15) Deleted
(16) Planing Mill
(17) Plaster manufacture
(18) Plastic manufacture
(19) Potash works
(20) Power forge
(21) Excavation of mineral deposits including but not limited to stone, sand,
clay, gravel, and operations incidental thereto.
(22) Deleted
(23) Manufacturing of other products that is not noxious or offensive by reason
of emission or creation of odor, dust, fumes, smoke, gas, noise, vibration,
radiation, or similar substance.
(24) Deleted
(25) Tar distillation or tar products manufacture
(26) Animal kennel
Amended November 2007
24 - 1
(27) Inert Fill Area
Where there are no residences or residentially zoned properties located
within 1000 feet of the boundary of the property upon which the inert fill
area would be located, or where the finished grade of the inert fill area
would not be greater than 10 feet in elevation above the highest elevation
of any adjoining property.
(28) Petroleum products manufacture or wholesale aboveground storage of
petroleum or its products in quantities not exceeding twelve thousand
(12,000) gallons consistent with the minimum separation requirements that
appear in table 4.3.2.4 of NFPA 30A. Underground storage tanks shall meet
all applicable requirements of Chapter 4 and Chapter 5 of NFPA
24-2 Uses Permitted by Special Exception:
(a) The following uses require a Special Exception in the HI (Heavy Industry) Zone.
In no case shall any use listed below be allowed within 300 feet of an R-Zone
(Residential).
(1) Acid manufacture, hydrochloric, nitric, picric, or sulfuric acid
(2) Cement, lime, clay or gypsum, or plaster manufacture
(3) Chlorine or similar noxious gases
(4) Distillation of bones
(5) Drop forge industries manufacturing forgings with power hammers
(6) Explosives, manufacture or storage
(7) Fertilizer manufacture
(8) Garbage, offal, dead animal reduction or dumping
(9) Glue manufacture
(10) Hair manufacture
(11) Deleted
(12) Processing of sauerkraut, vinegar, or yeast
(13) Rendering or refining of fats and oil
(14) Stockyard or feeding pen
(15) Slaughter of animals, not including the killing of fowl
(16) Automobile wrecking or junk yards; storage, sorting, collecting, or baling
of rags, paper, metal, or other items not usable in their current state. These
uses must be enclosed on all sides by a solid wall or board fence not less
than six (6) feet in height.
(17) Any other use that is noxious or offensive by reason of the emission or
creation of odor, dust, fumes, smoke, gas, noise, vibration, radiation, or
similar substances, or conditions equal in aggregate amount to that of any
use specified.
(18) Inert Fill Area - Where there are residences or residentially zoned
properties located within 1000 feet of the boundary of the property upon
which the inert fill area would be located, or where the finished grade of
the inert fill area would be greater than 10 feet in elevation above the
highest elevation of any adjoining property.
(19) Ammonia or bleaching powder manufacture
(20) Atomic energy reactor station
(21) Chemical manufacture
(22) Creosote manufacture or treatment
(23) Incinerator
24-2
(24) Tanning, curing, or storage of raw hides
(25) Petroleum products manufacture or wholesale aboveground storage of
petroleum or its products in quantities exceeding twelve thousand (12,000)
gallons consistent with the minimum separation requirements that appear in
table 4.3.2.4 of NFPA 30A. Underground storage tanks shall meet a11
applicable requirements of Chapter 4 and Chapter 5 of NFPA 30.11
24-3 Height: The maximum height of a building or structure in the H-I Zone shall be three
hundred (300) feet.
24-4 Setbacks: The setback provisions of the LI Zone shall apply to the HI Zone.
24-5 Prohibited uses: Residential use is prohibited in the HI zone.
24-6 Signs: DELETED.
24-7 Special Exceptions
Any use established as a result of a Special Exception granted per Subsection 24-2 must
be initiated within six (6) months of the granting, or the Special Exception shall no longer
be valid. The initiation of a use is established by the issuance of a valid business license
by the Augusta Planning and Development Department or by other reasonable proof of
the establishment of vested rights. If a Special Exception is granted and the use is
initiated but later ceases to operate for a period of one (1) year, then the Special
Exception shall no longer be valid.
Amended May 2010, Section 24-2 (11—deleted and 25 added)
Amended May 2010, Section 24-1 (15 — deleted and 28 added)
Amended April 2008, Section 24-1 (uses deleted), Section 24-2 (a) (uses reassigned)
Amended Sept. 2004, Section 24-7
24-3
SPECIAL DISTRICT CLASSIFICATIONS
SECTION 25
HPA (HISTORIC PRESERVATION AREA) ZONE
ENTIRE SECTION DELETED.
Zs -1
SPECIAL DISTRICT CLASSIFICATION
SECTION 25-A
PDR (PLANNED DEVELOPMENT RIVERFRONT) ZONE
25-A-1 Statement of Intent: Recognizing the value of the Savannah Riverfront as an economic,
historic, recreational, and visual resource of tremendous value to the citizens of Augusta
and surrounding area and further recognizing it as an area of critical and sensitive
environmental concern, it is the intent of this section to provide for the orderly and
aesthetic development or redevelopment of the lands adjoining the Savannah River by:
(a) Creating a special Riverfront Development Review Board comprised of persons
with an interest or expertise in the orderly development of this resource.
(b) Limiting land uses to those which will provide the best utilization of the benefits
afforded by a riverfront location.
(c) Insuring that the regulations applicable to the riverfront will be responsive to the
dictates of the development economy at a given time.
(d) Setting forth sufficient design and development standards and criteria to provide
for maximum public benefit from the further development of the riverfront area
through a mixture of land uses, the provision and maintenance of public access,
elimination or mitigation of negative environmental impact from development,
aesthetic controls, and the beneficial coordination of residential, recreational; and
commercial utilization of the riverfront lands.
25-A-2 District Boundaries: The PDR (Planned Development Riverfront) Zone shall consist of
all of that area bounded by the following:
That area lying within a line beginning at the intersection of the Columbia and Richmond
County boundary line and the centerline of the first level of the Augusta Canal; thence in
a northeasterly direction along said boundary line to its intersection with the centerline of
the Savannah River; thence along the centerline of the Savannah River in a southeasterly
direction to a point intersected by a Bearing N 66 50�28"E; thence S 66 to a
point on the south bank of the Savannah River; thence S 66 a distance of 490.15
feet to a point; thence, N15 31' 32"W a distance of 817 feet, more or less, to a point on
the south toe of the Augusta levee; thence along the south toe of the Augusta levee in a
westerly direction to its intersection with the northwest right-of-way line of East
Boundary Extended; thence along the northwest right-of-way line of East Boundary
Extended and East Boundary in a southerly direction to a point located on the southwest
corner of the intersection of Reynolds Street and East Boundary; thence in a southerly
direction along the northwest right-of-way line of East Boundary a distance of 200.0 feet
to a point; thence, in a westerly direction running parallel to Reynolds Street to a point
located on the southeast right-of-way line of 9th Street; thence in a southwesterly
direction along the southeast right-of-way line of 9th Street to a point located where the
southwest right-of-way line of Jones Street Extended intersects with the southeast .right-
of-way line of 9th Street; thence in a westerly direction along the southwest right-of-way
line of Jones Street Extended to a point located at the southwest corner of the intersection
of Jones Street Extended and 9th Street; thence in a southerly direction along the
northwest right-of-way line of 9th Street a distance of 100.0 feet to a point; thence in a
westerly direction running parallel to Jones Street to its intersection with the centerline
25-A-1
of Hawk's Gulley; thence in a southerly direction along the centerline of Hawk's Gulley
Extended to the centerline of Broad Street; thence in a westerly direction along the
centerline of Broad Street to its intersection with the centerline of the first level of the
Augusta Canal; thence along the centerline of the first level of the Augusta Canal in a
northwesterly direction to its intersection with the southern right-of-way of the Seaboard
System Railroad line; thence, running in a westerly direction along the southern right-of-
way of the Seaboard System Railroad line until its intersection with the southeast right-
of-way of I-20; thence, in a northeasterly direction along the southeast right-of-way line
of I-20 until its intersection with the centerline of the first level of the Augusta Canal;
thence, in a northwesterly direction along the centerline of the first level of the Augusta
Canal to the point of beginning.
25-A-3 Creation of Riverfront Development Review Board. Augusta- Richmond County
Commission shall create a Riverfront Development Review Board which shall consist of
ten (10) members, one of whom shall reside in each of the ten districts that together
constitute Augusta.
(a) Composition. The ten (10) members shall be selected from the following:
1. One (1) member of Augusta-Richmond County Commission;
2. One (1) member of the Augusta-Richmond County Planning Commission;
3. One (1) member of the Augusta Port Authority;
4. One (1) member of the Executive Committee of Historic Augusta, Inc.
5. One (1) member of Augusta Tomorrow; and
6. Five (5) residents of Augusta-Richmond County.
Ex-officio, nonvoting members shall include:
1. Executive Director of the Augusta Planning and Development Department
2. Director of the Department of Housing and Neighborhood Development;
and
3. Director of the Department of Public Works.
(b) Terms of Office. The members of the Review Board shall serve without pay.
Initial terms should be five (5) two-year terms and five (5) four-year terms. All
reappointment terms thereafter shall be for four years. All members shall be
eligible for re-appointment provided that they continue to meet the criteria for
their original appointment.
(c) Organization. The Review Board shall elect one of its members as Chairman and
one as Vice-Chairman. The Chairman shall preside over meetings of the Review
Board and shall have the right to vote on matters brought before the Board. A
Secretary to the Review Board shall be appointed from the Staff of the Augusta
Planning and Development Department and shall take minutes of each meeting. A
majority of the Board shall constitute a quorum. By-laws governing the time and
place of ineetings and other necessary rules of procedure may be drawn and
adopted by the Board.
(d) Powers and Duties. The Riverfront Development Review Board shall review all
plans for development of properties lying within the boundaries of the PDR
(Planned Development Riverfront) Zone. The review shall consist of an
evaluation of compliance with the provisions for this section and evaluation of the
aesthetic qualities of the proposed development relative to adjacent developments.
The Review Board shall make a recommendation in writing to the Augusta,
Georgia Planning Commission for approval, modification, or disapproval of the
25-A-2
proposed development. No site plan shall be approved or building permit issued
until such written recommendation has been received and considered by the staff
of the Augusta Planning and Development Department, provided, however, that
such recommendation shall be transmitted no later than 45 days after receipt or
the proposed development shall be deemed to be approved by the Review Board.
25-A-4 Permitted Uses. The following uses may be permitted in the PDR (Planned
Development Riverfront) Zone:
(a) Food stores
(b) Apparel and accessory stores
(c) Water-based transportation and recreational facilities
(d) Eating and drinking places
(e) Florist and gift shops
( fl Newsstands and bookstores
(g) Beauty and barber shops
(h) Automobile parking lots and parking structures
(i) Marine equipment sales and services
(j) Professional offices
(k) Governmental facilities and activities
(1) Furniture andlor home furnishing stores
(m) Antique shops
(n) Drugstores
(o) Sporting goods stores
(p) Jewelry shops
(q) Hobby, toy and game stores
(r) Camera and photographic supply shops
(s) Tobacco shops
(t) Hotels, motels, or other lodging places except boarding houses, manufactured
home parks or travel trailer parks
(u) Personal or business service establishments
(v) Entertainment establishments as follows:
1. Motion picture theaters
2. Performing arts theaters and studios
3. Museums and art galleries
4. Other entertainment, cultural, and educational establishments, upon
approval of the Planning Commission
(w) Residential uses, all types, provided that the density shall be approved by the
Riverfront Development Review Board.
(x) The following manufacturing type activities provided they are carried out in
conjunction with on-site retail sale of finished products:
1. Bakery
2. Confectionery
3. Leather goods
4. Pottery and related products
5. Glass and glassware
6. Jewelry making
7. Metal craft products
(y) Uses not specified may be permitted upon approval of the Planning Commission.
25-A-3
25-A-5 Development Standards and Requirements
(a) Yard and Setback Requirements. There shall be no minimum lot size, side
or rear setback, percentage of lot coverage or lot width, provided,
however, that measures are taken to provide reasonable visual and
acoustical privacy for dwelling units and that no building or structure shall
be constructed so as to encroach within the designated flood way of the
Savannah River.
(b) Public Access. Application for approval of development in the PDR zone
shall include provisions for public access from a publicly- owned or
maintained roadway to that portion of the property designated as and
defined by the 100-Year Floodplain limit line under an Ordinance entitled
"An Ordinance to Prevent Damage From Floods; To Regulate Land Uses
in the Flood Plain, and for Other Purposes."
l. Public access areas shall consist of the designated 100 Year
Floodplain and one (1) twenty (20) foot access easement for every
three hundred (300) feet of river frontage, or portion thereof, to be
occupied by the proposed development.
2. The flood way and access easements shall be dedicated to the
Augusta-Richmond County Commission, be suitably landscaped,
and contain a walkway of sufficient width and surfaced with an all-
weather material as approved by the Department of Public Works
to facilitate pedestrian movement to and from the public roadway.
3. Said easement shall be permanently maintained by the owner,
developer, or an association of owners or residents having
responsibility for common areas within the proposed development.
4. All public access easements shall be clearly marked as such with a
permanent sign of not less than three (3) square feet in area.
(c) Building Design and Site Planning Standards. The following special
building design and site planning standards shall apply in the PDR Zone.
1. All development in the PDR zone shall comply with an Ordinance
entitled "An Ordinance to Prevent Damage From Floods; To
Regulate Land Uses in the Flood Plain, and For Other Purposes"
and approval of development plans under the provisions of this
section shall not constitute approval under other applicable codes
and ordinances.
2. No fencing along the exterior property lines of any development in
the PDR zone shall be permitted unless the proposed fence is
integrated completely with the design of the buildings, i.e. similar
in materials, design, and detailing. Developers are required to
fence or screen off-street parking and loading areas from view
from public roadways utilizing a four (4) foot fence, screen, or
landscaped earthen berm.
3. All construction in a PDR zone shall be of the following materials:
brick, stucco, poured-in-place architectural concrete, exposed
aggregate pre cast panels, and wood siding where appropriate and
permitted by codes. Unacceptable construction materials include
metal siding, concrete block, and high maintenance finishes such
as paint on concrete block. Exceptions to the provisions of this
25-A-4
subsection may be granted for additions or modifications to
existing buildings, or for construction on the same parcel and in
close proximity to existing buildings. Exceptions may be granted
only in the case of hardship where it is determined that the
aesthetics of the surrounding area would not be adversely affected.
4. All mechanical equipment and service areas shall be screened from
view from adjacent roads and pedestrian ways, other structures,
and the Levee by structures or devices integral to the architecture
of the building. Wherever practicable, all utility systems in the
development shall be underground.
5. Preservation of existing trees on-site is required. Applications for
approval of development plans in the PDR Zone shall show the
location and type of all existing trees having a diameter
measurement of ten (10) inches measured at a height of four (4)
feet above ground level and shall indicate which of these trees are
to be retained. Removal of trees of that size or larger is prohibited
except where necessary to allow construction of buildings; needed
for street rights-of-way, walkways, and ancillary structures such as
patios; the tree is diseased, injured, or otherwise may pose an
unsafe visibility or sight distance; or unduly restricts the economic
use of the property. Where it is necessary to remove existing trees,
the developer is required to replace them with planting elsewhere
on-site.
6. All development proposed for the PDR zone will be reviewed for
its impact on or utilization of historic and potentially historic
structures. Developers are encouraged to coordinate adaptive
renovation and use of existing structures with the appropriate local
agencies or organizations having an interest in historic
preservation.
25-A-6 Application Requirements: ,
(a) An application for approval of development plans in the PDR Zone shall be made
to the Executive Director of the Augusta Planning and Development Deparhnent.
Eleven copies of the plans shall be provided to allow transmittal to the members
of the Riverfront Development Review Board at least seven (7) days prior to the
date of the Review Board meeting. Upon receipt of an application, the Executive
Director shall cause the members of the Review Board to be notified of the date,
time, and place of the meeting and shall transmit copies of the proposed
development plans to the membership.
(b) An application for review of the development plans shall include:
1. A boundary and topographic plat of the land to be included in the entire
development showing all rights-of-way and easements affecting the
property.
2. A plat showing any new building lots and their boundaries along with the
square footage contained in each and the location and rights-of-way of
proposed streets and public pedestrian ways.
3. The location of existing and proposed buildings and the number of stories
contained in each.
25-A-5
4. The location and elevation of the water supply, sanitary, and storm
drainage systems.
5. The location and type of all common areas along with a statement of the
method to be used to insure the continued maintenance of such areas.
6. The location of all curb cuts, driving lanes, and parking areas.
7. The location and height of all walls, fences, and screen plantings.
8. A statement of proposed uses on a building by building basis and, where
applicable, on a floor by floor basis.
9. Architectural drawings indicating the proposed appearance of each
elevation and a general statement regarding exterior colors and materials.
10. The proposed location and character of signs and exterior lighting, service
areas and doors, and loading facilities.
1 L A landscaping plan showing the location, size, and type of all plant
materials whether existing or proposed.
12. For residential developments, a tabulation of the total area, number of
dwelling units, off-street parking spaces and overall density per acre.
(c) Upon completion of its review, the Riverfront Development Review Board shall
transmit its findings along with recommendations for modifications, if any, to the
Executive Director of the Augusta Planning and Development Department who
shall process the proposed development plans in accordance with the Zoning
Ordinance and the Land Subdivision Regulations for Augusta Commission, if
applicable.
(d) Any change in the approved development plan which affects the intent and
character of the development, the density or land use pattern, the location or
dimensions of streets or other access ways, or similar changes shall be reviewed
in the same manner as set forth above.
25-A-6
SPECIAL DISTRICT CLASSIFICATIONS
SECTION 25-B
SCA (SPECIAL SIGN CONTROL AREA) DISTRICT
ENTIRE SECTION DELETED
zs-B-1
SPECIAL DISTRICT CLASSIFICATION
SECTION 25-C
RIVER WATCH PARKWAY
ENTIRE SECTION DELETED
25-C-1
SPECIAL DISTRICT CLASSIFICATIONS
SECTION 25 - D
SAVANNAH RIVER CORRIDOR PROTECTION DISTRICT
25-D-1 Statement of Intent The intent of the regulations with this Zoning District is to limit
the use of the Savannah River Corridor, in conjunction with other government entities
along the Savannah River Corridor, in order to:
(a) Assure that the Savannah River in the City of Augusta will not become polluted
and unsuitable as a source for potable water;
(b) Protect the river corridor by establishing a natural vegetative buffer area
bordering the river;
(c) Preserve those qualities that make the river corridor suitable as a habitat for
wildlife;
(d) Help control erosion and to absorb flood waters; and
(e) Protect and safeguard the health and welfare of all the citizens of the City of
Augusta by providing protection of the section of the river that is or may be used
as a source of drinking water.
25-D-2 Descriution of District The limits of the Savannah River Corridor Protection (SRCP)
District are hereby defined to be all areas within 100 feet horizontally of the river,
measured from the river bank. This area shall remain in an undisturbed vegetative
buffer. The 100-foot buffer is measured from the uppermost part of the river bank,
usually marked by a break in slope. Although not within the buffer area, the area
between the top of the river bank and the water's edge shall be included in the SRCP
district.
Because these protective measures allow some latitude with land uses, and because the
District is not intended to prescribe a specific land use but rather to define a range of
acceptable land uses, the Savannah River Corridor Protection District is designed as an
overlay district. Within the range of land uses which can be located within the District,
this Section establishes performance standards which apply to development within the
District. The regulations of the underlying zoning district shall be maintained and not
affected, except in the event of conflict or discrepancy between the SRCP District and
the underlying district. In that case, the more stringent requirements shall be observed.
25-D-3 Establishment and Maintenance of Natural Buffer Except as permitted under this
section, all construction of buildings or structures is prohibited within the SCRP
District, and the existing natural vegetative buffer within 100 feet of the river bank shall
remain undisturbed.
25-D-4 Permitted Uses and Conditions The following uses are permitted, subject to certain
conditions, within the one hundred-foot (100') buffer of the SRCP District. Any
permitted use must also comply with the applicable regulations of the underlying
zoning classification.
(a) Single-family dwellings, including the usual accessory structures and
appurtenances, are subject to the following conditions:
25-D-1
1. The dwelling shall be located on a tract of land containing at least two
acres and meeting all other zoning regulations.
2. There shall be only one such dwelling on each two-acre or larger tract of
land.
3. A septic tank or tanks serving such a dwelling may be located within the
buffer area; however, septic tank drain fields shall not be located within
the buffer area.
(b) Industrial and commercial land uses existing prior to the adoption of the Savannah
River Corridor Protection District, provided that:
1. Industrial and commercial uses shall not impair the drinking quality of the
river water as defined by the Federal Clean Water Act, as amended.
2. Industrial and commercial activity within the SRCP district shall meet all
applicable State and Federal environmental rules and regulations.
3. Septic tanks and septic tank drain fields serving industrial and commercial
uses are prohibited within the buffer area.
(c) The construction of road crossings and utility crossings, provided that the
construction of said crossings shall meet all requirements of the Augusta-
Richmond County Soil and Sediment Control Ordinance.
(d) Agricultural production and management, subject to the following conditions:
1. Agricultural activity shall be consistent with best management practices
established by the Georgia Soil and Water Conservation Commission;
2. Agricultural activity shall not impair the water quality of the river water as
defined by the Georgia Clean Water Act;
3. Agricultural activity shall be consistent with all applicable State and
Federal environmental regulations, and all regulations promulgated by the
Georgia Department of Agriculture.
(e) Timber production and harvesting, subject to the following conditions:
1. Forestry activity shall be consistent with best management practices
established by the Georgia Forestry Commission.
2. Forestry activity shall not impair the drinking water quality of the river
water as defined by the Georgia Clean Water Act.
( fl Wildlife and fisheries management activities consistent with the purpose of
O.C.G.A.12-2-8.
(g) Wastewater treatment facilities.
(h) Natural water quality treatment or purification facilities.
(i) Recreational uses consistent either with the maintenance of a natural vegetative
buffer or with river-dependent recreation. For example, paths, walkways, boat
ramps would be consistent with this criteria, but parking lots and hard-surface
tennis court would not.
(j) Other uses as permitted by the Georgia Department of Natural Resources or under
Section 404 of the Federal Clean Water Act.
25-D-5 Prohibited Uses The following uses are prohibited within the one hundred-foot (100')
buffer of the SRCP District.
(a) Handling areas for the receiving and storage of hazardous wastes;
(b) Disposal facilities for hazardous or solid wastes; and
(c) All construction activities within the buffer area, except as provided for in Section
25-D-6 (Exempt Uses.
25-D-2
25-D-6 Exempt Uses The following uses are exempt from the one hundred-foot (100') buffer
requirements of the SRCP District:
(a) Land uses existing prior to the adoption of the Savannah River Corridor
Protection District;
(b) Mining activities, if permitted by the Georgia Department of Natural Resources;
and
(c) Utilities, if such utilities cannot feasibly be located outside the buffer area, as
determined by the local government, provided that:
1. The utilities shall be located as far from the river bank as reasonably
possible;
2. Installation and maintenance of the utilities shall be such as to protect the
integrity of the buffer area to the extent reasonably possible;
3. The natural vegetative buffer shall be restored as quickly as possible
following any construction utility construction; and
4. Utilities shall not impair the drinking quality of the river water.
25-D-3
SPECIAL DISTRICT CLASSIFICATIONS
SECTION 25
OVERLAY DISTRICTS
25-E-1 STATEMENT OF INTENT: Overlay zoning is an established method of creating
special zoning districts placed over existing base zoning. The purpose of overlay zoning is to
provide additional protection and/or guidance for specific areas through regulations and/or
incentives that are applied in addition to the base zoning requirements.
Overlay districts are tools for implementing plans by protecting critical areas for groundwater
recharge, floodplains, or prime farmland. They could also be used to protect the character of
neighborhoods, commercial districts, and corridors. They could guide development more
carefully than base zoning by identifying future urban zones and mixed use areas, and they could
protect critical impact zones such as airports from encroachment.
25-E-2 METHOD OF DESIGNATION: Areas which conform to the intent expressed in 25-1
and the criteria in Section 25-4 may be considered for designation as Overlay Districts. Such
designations shall be done on an individual basis by amending the text of the Comprehensive
Zoning Ordinance and the maps attached thereto. Designations shall be made as additions to this
Section, setting forth the name and geographic description of the overlay district and the
additional special regulations and incentives attached thereto. Designation of overlay districts
shall follow the procedures set forth in Section 35 of this Ordinance.
25-E-3 APPLICATION: The following are empowered to apply for designation of an Overlay
district: The Augusta Commission or any department thereof; the owners of at least 10
contiguous properties, or the owners of 10 percent of the total number of properties within a
proposed district.
The application for designation of an overlay zone shall be accompanied by all supporting
documentation including the proposed geographical boundaries for the proposed area, the
complete text of the proposed additional requirements and/or incentives, a thorough explanation
and justification for the proposed designation, and a fee set by the City of Augusta that is
sufficient to cover the cost of staff time, public notification, and other expenses. Applications
from the Augusta Commission or departments thereof shall not be required payment of fee.
When an application is received by the Staff of the Augusta Planning and Development
Department, a determination shall be made regarding its completeness. If incomplete, it shall be
returned to the applicant. If deemed complete then within 30 days of receipt, written notice of
the application shall be sent by the Staff of the Augusta Planning and Development Deparhnent
by regular mail to the owners of all properties located within the proposed district, as shown on
the current records of the Tax Assessor's Office. The notice shall set forth the purpose of the
district, the geographic limits, the name(s) of the applicants, and the date and time for a public
hearing to be held for the purpose of receiving input regarding the proposed Overlay District. At
the time that such notice is given, the application shall be deemed accepted, and the procedures
set forth in Section 35 of the Comprehensive Zoning Ordinance shall be followed.
25-E-4 CRITERIA FOR DESIGNATION — An application for designation of an overlay
district shall conform to the following criteria in order to be considered by the Augusta
Commission, whether initiated by the City or by another party:
25-E-1
a) The area must be of contiguous geography and it must be characterized by some
significant common element, be it environmental sensitivity, period of development,
neighborhood character, future development potential, or something similar; and
b) The full text of the proposed additional requirements for the proposed overlay district
must be provided at the time of the application for designation. Such additional
requirements must be reasonable to facilitate the intent and purpose of the designation
as well as the Goals, Objectives, Intent and Purpose of the Comprehensive Plan and
other pertinent plans adopted by the City of Augusta.; and
c) The benefits of the proposed additional regulations to the public health, safety, and
welfare shall be sufficiently documented to clearly indicate that they are more
significant than the sum of potential effects of diminished property values and other
detrimental impacts of the designation.
25-E-5 ADMINISTRATION AND APPEALS: The staff of the Augusta Planning and
Development Department shall administer the provisions of this section. Within an approved
Overlay District any application for approval of a site plan, subdivision plat, special exception,
variance, rezoning, building permit or business license shall be reviewed by staff for
conformance with the additional requirements of the applicable overlay zone. If deemed
inconsistent with the requirements of this section, then such application shall be rejected. The
applicant may appeal such staff decision to the Board of Zoning Appeals (BZA) provided such
appeal is heard within 90 days of the staff decision. The applicant in such situations is
responsible for filing an application with the BZA and paying such fees as provided for in this
Ordinance or in the bylaws of the BZA.
25-E-6 PRE-EXISTING OVERLAY ZONES: Anything provided for in the Comprehensive
Zoning Ordinance that might be construed as an Overlay District which pre-dates the adoption of
this section shall not be subject to the regulations set forth in this section.
Adopted July 2011
25-E-2
SPECIAL DISTRICT CLASSIFICATIONS
SECTION 26
SPECIAL EXCEPTIONS
26-1 The following Special Exceptions may be permitted in any Zone where such uses are
deemed essential or desirable to the public convenience or welfare and are in harmony
with the various elements or objectives of the Master Plan/Planning Document in effect.
All applications for a Special Exception under this subsection shall be accompanied by a
preliminary development plan that shows the location of all buildings associated with the
proposed use and the number of stories contained in each building. The preliminary
development plan must also show the location of all curb cuts, driving lanes, parking
areas, and the location of all walls, fences and screen plantings that exist or are planned.
(a) Church, synagogue, or other place of worship, ar their related activities including, but
not limited to, the care for fewer than nineteen (19) children under the age of eighteen
(18) for not more than four (4) hours per day, subject to the following criteria:
(1) A tract upon which a church is to be established shall have at least one
hundred (100) feet of frontage on a collector street or an arterial street and
be at least one-half acre in area.
(2) Structures shall be set back at least twenty-five (25) feet from any property
line separating the subject property from residentially zoned or developed
properties.
(3) Off-street parking shall conform to Section 4 of this Ordinance.
(4) DELETED.
(5) A plan illustrating compliance with the above requirements shall be
submitted to the Planning Commission before the proposal is placed on
the agenda. The Planning Commission shall determine that all of the
foregoing requirements have been satisfied, and further, that the benefits
of the proposed church are greater than any possible depreciating effects
and damages to the neighboring properties.
(b) Parochial and private schools subject to the following criteria:
(1) A tract upon which a parochial or private school is to be established shall
have at least one-hundred (100) feet of frontage on a collector street or an
arterial street.
(2) A circular drive or similar layout that discourages backing and encourages
through movement of traffic shall be provided for off-street loading and
unloading, and the parking layout shall conform to Section 4 of this
Ordinance.
(3) A parochial or private school shall be screened from contiguous
residentially zoned or developed properties by a wall, solid fence, or
vegetative buffer at least six (6) feet in height.
(4) Signage shall comply with the SCA requirements for institutional uses.
(5) A plan illustrating compliance with the above requirements shall be
submitted to the Staff of the Augusta Planning and Development
Department before the proposal is placed on the agenda. The Planning
Commission shall determine that all of the foregoing requirements have
26 - 1 �
been satisfied, and further, that the benefits of the proposed school are
greater than any possible depreciating effects and damages to the
neighboring properties.
(c) Utility substation subject to the following criteria:
(1) Use of the property as a substation shall be essential for service to the area
in which the substation is to be located.
(2) A tract upon which a utility substation is to be erected shall have frontage
on a collector or arterial street.
(3) No personnel shall be assigned to the site; the utility shall be unmanned.
(4) Outside storage of vehicles, equipment, and supplies on the premises shall
not be permitted.
(5) If the base zoning is agricultural, residential, or professional, then any
building or structure which exceeds 25 feet in height when measured from
ground elevation shall be set back not less than fifty (50) feet from any
property line.
(6) DELETED.
(7) A substation shall be screened from contiguous residentially zoned or
developed properties by a wall, solid fence, or vegetative buffer at least six
(6) feet in height.
(8) A plan illustrating compliance with the above requirements shall be
submitted to the Staff of the Augusta Planning and Development
Deparirnent before the proposal is placed on the agenda. The Planning
Commission shall determine that all of the foregoing requirements
have been satisfied, and further, that the benefits of the proposed utility
substation are greater than any possible depreciating effects and damages
to the neighboring properties.
(d) Nursing home subject to the following criteria:
(1) A tract upon which a nursing home is to be established shall have at least
one hundred (100) feet of frontage on a collector or an arterial street.
(2) DELETED.
(3) Off-street parking shall conform to Section 4 of this Ordinance.
(4) Nursing homes shall not be located in areas where the health, safety, and
welfare of the residents would be compromised. Examples of such areas
would be those near industrial sites or other sites where environmental
quality would be poor, and also areas where law enforcement records
indicate that the incidence of crime is high.
(5) A plan illustrating compliance with the above requirements shall be
submitted to the Staff of the Augusta Planning and Development
Deparhnent before the proposal is placed on the agenda. The Planning
Commission shall determine that all of the requirements have been
satisfied, and further, that the benefits of the proposed nursing home are
greater than any possible depreciating effects and damages to the
neighboring properties.
(e) Adult day care facility subject to the following criteria:
(1) A tract upon which an adult day care facility is to be established shall have
at least one hundred (100) feet of frontage on a collector or an arterial
street.
(2) Off-street parking shall conform to Section 4 of this Ordinance.
26-2
_ . __
(3) An adult day care facility may not be established within twelve hundred
(1200) feet of a lawfully existing family day care home, family personal
care home, transition housing, or another adult day care facility located in
A, R or P zones.
(4) Adult day care facilities shall not be located in areas where the health,
safety, and welfare of the residents would be compromised. Examples of
such areas would be those near industrial sites or other sites where
environmental quality would be poor, and also areas where law
enforcement records indicate that the incidence of crime is high.
(5) DELETED.
(6) A plan illustrating compliance with the above requirements shall be
submitted to the Staff of the Augusta Planning and Development
Deparhnent before the proposal is placed on the agenda. The Planning
Commission shall determine that all of the foregoing requirements have
been satisfied, and further, that the benefits of the proposed adult day care
facility are greater than any possible depreciating effects and damages to
the neighboring properties.
(� Family day care home subject to the following criteria:
(1) A family day care home may not be established within twelve hundred
(1200) feet of a lawfully existing family personal care home, transition
housing, adult day care facility, or another family day care home located
in A, R or P zones.
(2) There shall be adequate indoor and outdoor play areas to meet Georgia
DHR standards. Outdoor play areas shall be designed for daytime use only
with no special illumination, and they shall be screened from contiguous
residential zones or development by a solid fence, wall or vegetative
buffer at least six (6) feet in height.
(3) Parking shall conform to Section 4 of this Ordinance.
(4) DELETED.
(5) Family day care homes shall not be established in areas where the health,
safety, and welfare of the residents would be compromised. Examples of
such areas would be those near industrial sites or other sites where
environmental quality would be poor, and also areas where law enforce-
ment records indicate that the incidence of crime is high.
(6) A plan illustrating compliance with the above requirements shall be
submitted to the Staff of the Augusta Planning and Development
Department before the proposal is placed on the agenda. The Planning
Commission shall determine that all of the foregoing requirements have
been satisfied, and further, that the benefits of the proposed family day
care home are greater than any possible depreciating effects and damages
to the neighboring properties.
(g) Transition housing subject to the following criteria:
(1) Transition housing may not be established within twelve hundred (1200)
feet of a lawfully existing family personal care home, family day care
home, adult day care facility, or other transition housing in A, R or P
zones.
(2) DELETED.
(3) Transition housing shall not be located in areas where the health, safety,
and welfare of the residents would be compromised. Examples of such
26-3
_ __ _
areas would be those near industrial sites or other sites where
environmental quality would be poor, and also areas where law
enforcement records indicate that the incidence of crime is high.
(4) The Planning Commission shall determine that the foregoing requirements
have been satisfied, and further, that the benefits of the proposed transition
housing are greater than any possible depreciating effects and damages to
neighboring properties. In conducting this balancing test, the merit of the
specific proposal shall be determined by evaluating the nature of the
clientele (i.e. elderly, mentally retarded, halfway home for recovering
addicts, etc.) the proposed number of occupants, and the nature of the
operators of the facility (homeowners, professional staff, or untrained
supervisory staff, etc.).
(5) Approval, if granted shall be for a specific proposal, and any change in the
nature of the clientele or increase in the number of occupants shall require
another special exception.
(h) Family personal care home subject to the following criteria:
(1) A family personal care home may not be established within twelve
hundred (1200) feet of a lawfully existing family day care home, adult day
care facility, transition housing, or another family personal care home in
A, R, or P zones.
(2) DELETED.
(3) A family personal care home shall not be located in areas where the
health, safety, and welfare of the residents would be compromised.
Examples of such areas would be those near industrial sites or other sites
where environmental quality would be poor, and also areas where law
enforcement records indicate that the incidence of crime is high.
(4) The Planning Commission shall determine that the foregoing requirements
have been satisfied, and further, that the benefits of the proposed family
personal care home are greater than any possible depreciating effects and
damages to neighboring properties. In conducting this balancing test, the
merit of the specific proposal shall be determined by evaluating the nature
of the clientele (i.e. elderly, mentally retarded, etc.), the proposed number
of occupants, and the nature of the operators of the facility (homeowners,
professional staff, or untrained supervisory staff, etc.).
(i) Club (private or public), lodge (nonprofit), golf course, country club, tennis
facilities, privately owned and operated recreational facility, swimming pool,
fishing lake, or similar recreational use subject to the following criteria:
(1) The minimum size tract for a golf course or country club shall be
fifty (50) acres.
(2) A tract to be developed as a golf course or country club shall have
at least one hundred (100) feet of frontage on a public or private
road.
(3) Structures except fences and walls shall be set back at least fifty
(50) feet from property lines separating the property from
contiguous properties zoned or developed for residential use.
(4) Lighting shall be designed so that adjacent properties are not
adversely affected.
(5) Outdoor activities shall cease at 11:00 P.M.
26-4
(6) Lounges, clubhouses, and similar facilities shall be designed and
operated for use by members and their guests, or patrons who are
using the club or recreational facility. Lounges, clubhouses and
similar facilities shall be located at least one hundred (100) feet
from contiguous properties zoned or developed for residential use.
(7) DELETED.
(8) A plan illustrating compliance with the above requirements shall
be submitted to the Staff of the Augusta Planning and
Development Deparhnent before the proposal is placed on the
agenda. The Planning Commission shall determine that all of the
foregoing requirements have been satisfied, and further, that the
benefits of the proposed club, privately owned and operated
recreational facility, swimming pool, fishing lake, or similar
recreational use are greater than any possible depreciating effects
and damages to the neighboring properties.
(j) Funeral homes subject to the following criteria:
(1) A tract upon which a funeral home is to be established shall have
at least one hundred (100) feet of frontage on a collector street or
an arterial street and be at least one acre in area.
(2) Structures shall be set back at least twenty-five (25) feet from any
property line separating the subject property from residentially
zoned or developed properties.
(3) Off-street parking shall conform to Section 4 of this Ordinance.
(4) DELETED.
(5) A plan illustrating compliance with the above requirements shall
be submitted to the Staff of the Augusta Planning and
Development Department before the proposal is placed on the
agenda. The Planning Commission shall determine that all of the
foregoing requirements have been satisfied, and further, that the
benefits of the proposed funeral home are greater than any possible
depreciating effects and damages to neighboring properties.
(k) Private hospital subject to the following criteria:
(1) A tract upon which a private hospital is to be established shall have
at least two hundred fifty (250) feet of frontage on a collector or an
arterial street and be at least five acres in area.
(2) DELETED.
(3) Off-street parking shall conform to Section 4 of this Ordinance.
(4) Private hospitals shall not be located in areas where the health,
safety, and welfare of the patients would be compromised.
Examples of such areas would be those near industrial sites or
other sites where environmental quality would be poor, and also
areas where law enforcement records indicate that the incidence of
crime is high.
(5) A plan illustrating compliance with the above requirements shall
be submitted to the Staff of the Augusta Planning and
Development Department before the proposal is placed on the
agenda. The Planning Commission shall determine that all of the
foregoing requirements have been satisfied, and further, that the
26-5
benefits of the proposed hospital are greater than any possible
depreciating effects and damages to the neighboring properties.
(1) Airport or aircraft landing field.
(m) Cemetery.
(n) Sanitary Landfill
(o) Inert Fill Area
(p) Uses which would in any way involve detained persons, or persons who
would be or have been retained from correction facilities such as halfway
homes, or similar uses that in any way relate to corrections or
incarceration.
(q) Excavation of mineral deposits including but not limited to stone, sand,
clay, gravel, and operations incidental thereto may be permitted subject to
the following criteria:
(1) Evidence that a Mined Land Use Plan, pursuant to 391-3-3-OS of the
Georgia Environmental Rules, is being prepared for submission to Georgia
E.P.D. No mining activity may be conducted without an approved Mined
Land Use Plan.
(2) Submission of a plat prepared by a Georgia Registered Land Surveyor
at the time of the application showing conformance to the following
spacing requirements:
(a) No activity under this Subsection shall be conducted within
300 feet of a residence
(b) No activity under this Subsection shall be conducted within
100 feet of an R-zone boundary unless a consent form provided by
the Planning Commission and signed by the affected property
owners is provided with the application.
(c) No activity under the Subsection shall be conducted within 50
feet of any property line unless a consent form provided by the
Planning Commission and signed by affected property owners is
provided with the application.
(3) Submission of supporting data at the time of application indicating
that the impacts of the proposed activity including but not limited to
noise, vibration, dust, stormwater, groundwater and aesthetics will not
substantially diminish the quality of life of the surrounding community.
This data may be part of the Mined Land Use Plan or it may be a separate
submission.
Section 26-2
Any use, other than churches or church related activities approved under 26-1 (A),
established as a result of a Special Exception granted per Subsection 26-1 must be
initiated within six (6) months of the granting, or the Special Exception shall no longer be
valid. Special Exceptions for churches or church related activities granted per 26-1 shall
initiate a use within five (S) years of the granting, or the Special Exception shall no
longer be valid. The initiation of a use is established by the issuance of a valid business
license by the Augusta Planning and Development Department or by other reasonable
proof of the establishment of vested rights. If a Special Exception is granted and the use
26-6
is initiated but later ceases to operate for a period of one (1) year, then the Special
Exception shall no longer be valid.
Amended July 2011— Section 26-1 (a)
Amended September 2010, 26-1(q) (1)
Amended November 2007, Section 26-1(q)
Amended August 2006, Section 26-2
Amended Sept. 2004, Section 26-2
26-7
OTHER REGULATED USES
SECTION 27
MANUFACTURED HOME REGULATIONS
27-1 Establishment of Manufactured Home Parks: New Manufactured Home Parks and
expansion of existing Manufactured Home Parks shall be permitted only in R=MH
(Manufactured Home Residential) Zones.
27-2 Procedure for constructing or altering a Manufactured Home Park: Application
shall be made for doing same to the Augusta, Georgia Planning Commission. The
application shall be in letter form and shall show the following:
Name and address of applicant
Name and address of owner of land
Name and address of proposed operator
Number of spaces proposed to be provided
Acreage of land to be utilized
The application shall be accompanied by five copies of a plat of the land to be utilized.
The plats shall show the following:
Bearings and distances for all property lines
Names and right-of-way widths for all streets bounding the property
Names and addresses of all surrounding property owners
Distances to nearest public water mains and sewer lines
Topography showing contours at 2-foot intervals and referenced to Mean Sea
Level
Scale (not smaller than 1 inch = 100 feet) and North Arrow
Name and Registration Number of Surveyor or Engineer
The application for plan approval shall also be accompanied by a processing and
investigation fee of one hundred dollars ($100.00). The Planning Commission shall hold
a public hearing on every application for establishment or expansion of a Manufactured
Home Park. In the event that the land proposed to be utilized for a Manufactured Home
Park is not properly zoned, application for rezoning and application for plan approval
may be made at the same time if all necessary submittals for plan approval are provided
prior to application for rezoning. Public notice shall be given for plan approval, as well
as for hearings on changes of Zoning Classification, when such approvals are not sought
simultaneously. The Planning Commission shall approve or disapprove each application
for establishment or expansion of a Manufactured Home Park within thirty (30) days
after holding a public hearing thereon, unless the applicant agrees to a longer time period;
and the Staff of the Augusta Planning and Development Department shall notify the
applicant in writing of its decision.
27-3 Building permit for Manufactured Home Park: Accompanying a request for the
establishment or expansion of a Manufactured Home Park, or upon request to alter such a
park, the applicant shall submit to the Staff of the Augusta Planning and Development
27 - 1
Department plans and specifications for the development of such park in accordance with
the requirements of this Ordinance. The Staff of the Augusta Planning and Development
Department shall review such plans and specifications, and shall determine that all
requirements of this Ordinance and other legal requirements have been met. In
conducting its review, the Staff of the Augusta Planning and Development Department
shall submit copies of such plans and specifications to the Public Works Deparhnent, the
Waterworks Department, to the Chief Building Official and the Richmond County Health
Deparhnent. The Staff of the Augusta Planning and Development Deparirnent has
received in writing the approval of all required agencies and has made its own
determination that all requirements of this Ordinance and all other legal requirements
have been met or will be met in the course of establishment, expansion, or alteration of
the park, it shall certify the same in writing. to the Chief Building Official and shall
forward to the Chief Building Official a copy of the approved plans and specifications.
The Chief Building Official may then issue building permits for construction, expansion,
or alteration of the Manufactured Home Park in accordance with the application made
and plan and specifications approved for same and in accordance with all legal
requirements. (DELETE ALL GREEN)
27-4 Transfer of Manufactured Home Parks: Every Manufactured Home Park owner shall
give notice in writing to the Staff of the Augusta Planning and Development Deparhnent
within thirty (30) days after having sold, transferred, given away, or otherwise disposed
of interest in or control of any Manufactured Home Park. Such notice shall include the
name and address of the person succeeding to the ownership or control of such park.
27-5 Conditions pertaining to existing Manufactured Aome Parks: Manufactured Home
Parks operating at the time of adoption of this Ordinance shall be allowed to continue
operation provided that the minimum requirements of the Richmond County Board of
Health are met by such parks.
27-6 Standards for development of Manufactured Home Parks:
(a) Minimum Size of Tract: The minimum size of any tract to be developed for a
Manufactured Home Park shall be five (5) acres and such tract shall have a
minimum frontage on a paved public road or road to be paved and dedicated to
the public of one hundred (100) feet. The tract shall comprise a single parcel and
shall be and remain in the ownership of one person as defined herein.
(b) Code Standards: No manufactured home manufactured on or after January 1,
1968 shall be admitted to any Manufactured Home Park on or after the date of the
adoption of this Ordinance unless it can be demonstrated that it meets the
requirements of one of the following: American Standards Association Code
Provision A-119.1-1963, American Standards for Installation in Manufactured
Home of Electrical, Heating, and Plumbing Systems; or Manufactured Home
Manufacturer Association Manufactured Home Standards for Plumbing, Heating
and Electrical Systems; or any state or locally-administered code insuring equal or
better plumbing, heating, or electrical installations.
(c) Hazardous Conditions: No Manufactured Home Park shall be so located as to be
subjected to hazards of flood, poor soil conditions, poor drainage, or other
hazardous conditions.
(d) Every Manufactured Home Park shall be provided with a public water supply and
public sewage disposal system. Individual septic tank systems may be utilized in
27-2
lieu of public systems provided they are developed in accordance with the
provisions of the Groundwater Recharge Area Protection Ordinance.
(e) Setback and Screening: No manufactured home, accessory shucture, or other
building in a Manufactured Home Park shall be located closer than fifty (50) feet
from any park property line abutting any public street or highway nor closer than
twenty (20) feet from any other Park property line. All Manufactured Home parks
located adjacent to industrial or commercial land uses shall be provided with a
screening buffer strip at least ten (10) feet wide along the property boundary lines
separating parks and such adjacent nonresidential uses. Such screening shall
consist of a solid fence not less than eight (8) feet in height or of evergreen
vegetation of sufficient density to accomplish the purposes of a solid fence. Such
screens shall be maintained in good order at all times.
(� Streets: Streets within Manufactured Home Parks shall be privately owned,
constructed and maintained. Alignment and gradient shall be properly adapted to
topography, to safe movement of traffic, to adequate control of surface water,
ground water, and drainage. No street shall be provided with less than an all-
weather surface. The type of road surface shall be determined by the Public
Works Department. All streets shall have either concrete curbs, asphalt curbs or
paved swells. The following widths shall be provided for surfaced portions of
streets.
(1) Class One Streets (less than 500' in length and serving 25 spaces or less on
a two-way street): one way with no curbside parking - 11 feet; one way
with curbside parking on one side only - 18 feet; one way with curbside
parking on both sides - 24 feet; two way with no curbside parking - 22
feet; two way with curbside parking on one side- 27 feet; two way with
curbside parking on both sides- 34 feet.
(2) Class Two Streets (other than Minor Streets serving up to and including
200 spaces with no other limitation on length): one way with no parking-
28 feet; two way with no parking - 24 feet; one way with parking on one
side- 24 feet; two way with parking on one side - 29 feet; one way with
parking on two sides - 26 feet; two way with parking on two sides - 36
feet.
(3) Class Three Streets (serving more than 200 spaces without limitation on
length): same as for Collector streets but requiring sidewalks on at least
one side. Such sidewalks shall be at least 3 feet wide and shall be paved.
(4) At Access Points: where internal park streets intersect with public streets,
the internal street shall have a surfaced width of 24 feet.
(g) Space Standards:
(1) Every manufactured home space within a Manufactured Home Park shall
have an area of not less than 4,000 square feet with a minimum width at
all points of 40 feet. Every such space shall have all corners clearly
marked.
(2) Each manufactured home space shall be directly accessible from an
approved internal park street. No direct access to manufactured home
spaces from public streets shall be granted.
(3) Manufactured homes shall be separated from each other by not less than
fifteen (15) feet end to end and twenty (20) feet side by side.
(4) Each manufactured home space shall be provided with a concrete patio of
at least one hundred (100) square feet which shall be convenient to the
27-3
entrance of the manufactured home. An awning may be placed over such
patio, but no structure shall be placed thereon.
(5) The minimum distance between manufactured homes located on opposite
sides of an internal street shall be 36 feet.
(6) Expandable rooms on manufactured homes shall be deemed an integral
part of the manufactured home and shall meet all requirements stated
herein.
(h) Parking shall be provided at the minimum rate of one and one-half spaces for each
manufactured home space. If such parking is provided on each manufactured
home space, it shall be at the minimum rate of one and one-half spaces for each
manufactured home space and each space shall have minimum dimensions of ten
(10) feet by twenty (20) feet. If provided in common off-street parking bays, the
following standards shall apply:
PARKING CURB LENGTH MINIMUM BAY MINIMUM BACKING
ANGLE PER CAR DEPTH* DEPTH*
9� 9.0' 18' 24'
60 12.5' 17' 20'
25 12.7' 16' 19'
* Perpendicular to curb
(i) Illumination: Adequate illumination on all streets and sidewalks shall be
provided to insure the safe movement of pedestrians and vehicles at night. Such
illumination shall create no direct glare into surrounding areas.
(j) Fire Protection:
(1) All Manufactured Home Parks shall be equipped with fire protection
equipment as required by the latest locally adopted codes.
(2) Portable fire extinguishers of an approved type shall be kept in service
buildings and at all other appropriate locations and shall be maintained in
good operating condition.
(3) Standard fire hydrants shall be located with adequate access within 500
feet of any part of a building used as a manufactured residence or
accessory use.
(k) Landscaping and Ground Cover: It is the intent of this Section of this Ordinance
that the areas provided for setbacks shall be appropriately landscaped and planted
so as to provide a pleasing appearance to surrounding property. Further, ground
cover in the form of grass or other vegetation shall be provided throughout every
Manufactured Home Park so as to provide pleasant and, insofar as practicable,
dust-free conditions.
(1) Recreation: Not less than ten (10) percent of the total area of every Manufactured
Home Park shall be reserved and developed for a recreation area. Such area shall
be centrally located within each Manufactured Home Park and shall contain
individual areas which shall be equipped for passive adult recreation, children's
play, and a fenced tot lot. If a swimming pool is furnished, it shall be separated
from all other uses by a fence having a gate which is capable of remaining closed.
Required setbacks shall not be counted as part of the required recreation area.
27-7 Locating Individual Manufactured Homes on Individual Lots: Individual
manufactured homes may be permitted on individual lots, parcels, or tracts in A
27-4
(Agriculture) or R-MH (Manufactured Home Residence) Zones under the following
conditions:
(a) Individual manufactured homes shall conform to all requirements of the zone in
which the homes are located.
(b) Individual manufactured homes in A(Agriculture) Zones shall be located at least
150 feet from any previously existing permanent dwelling.
(c) DELETED.
(d) No manufactured home shall be located on any lot, parcel, or tract occupied by
any other dwelling or manufactured home, and only one manufactured home shall
be located on each individual lot, parcel, or tract.
(e) Any manufactured home located on an individual lot, parcel, or tract shall be
installed in accordance with O. C. G.A. Title 8, Chapter 2, Article 2, Part 3, and
shall be provided with a solid skirting / curtain wall enclosure constructed of
masonry to include stone, faux stone, brick, faced block, or stucco with the
required vents.
(� No manufactured home shall be located on an individual lot, parcel, or tract until
the location has been approved by the Staff of the Augusta Planning and
Development Department, the Chief Building Inspector, and the Richmond
County Health Department.
27-8 Nonconforming Individual Manufactured Homes: Manufactured homes on individual
lots, parcels, or tracts which were in place on January 1, 1980 are declared to be legal
nonconforming uses at their current location; provided however, that said manufactured
homes may not be altered or expanded in any way unless the alteration or expansion
results in conformance with this Comprehensive Zoning Ordinance.
Amended — Section 27-7(e) — June 2011
27-5
SECTION 28
AIRPORT REGULATIONS
28-1 General Regulations: The following general regulations shall apply to all airports
encompassed by the area of this Ordinance.
(a) Flight Zones: All land within the boundaries of Daniel Field and within two (2)
miles of the landing area of the airports within Augusta, Georgia, are hereby
divided into Airport Approach Zones and Airport Turning Zones. The inner-area
of the Airport Approach Zones are shown on the Airport Approach Standards
Maps by reference made a part hereof. The turning zones and the outer-area of the
Airport Approach Zones are that area within two (2) miles of the boundaries of
the landing area and the inner-area of the Airport Approach Zones. The Airport
Approach Standards Maps may be revised or replaced from time to time to
correspond with zone restrictions and approach standards, as required by the
Airport Manager and/or the Civil Aeronautic Authority.
(b) Height Limits: Except as otherwise provided in this Ordinance, no structure or
tree shall be erected, altered, allowed to grow, or maintained in any Airport
Approach Zone or Airport Turning Zone to a height in excess of the height limit
herein established for such zone. For the purpose of this regulation, the following
height limits are hereby established for each of the zones in question:
(1) Inner-area Airport Approach Zones- as shown on Airport Approach
Standards Maps.
(2) Outer-area Airport Approach Zones- one hundred and fifty (150) feet
above the elevation of the boundaries of the airport landing area.
(3) Turning Zones- one hundred and fifty (150) feet above the boundaries of
the airport landing area.
(c) Use Restrictions: Not withstanding any other provisions of this Ordinance, no use
may be made of land within any Airport Approach Zone or Airport Turning Zone
in such a manner as to create electrical interference with radio communication
between the airport and aircraft, make it difficult for fliers to distinguish between
airport lights and others, result in glare in the eyes of fliers using the airport, or
otherwise endanger the landing, takeoff, or maneuvering of aircraft.
(d) Hazard Marking and Lighting: Variances from this Ordinance granted by the
Board of Zoning Appeals may be so conditioned as to require the owner of the
structure or tree in question to permit the Augusta, Georgia Commission, to
install, operate, and maintain thereon such markers and lights as may be deemed
necessary to indicate to fliers the presence of the airport hazard.
(e) Future Airports: The provisions of this Ordinance shall apply to future airports
located within the area encompassed by this Ordinance.
28-2 Bush Field Airport Regulations:
(a) Definitions: As used in this portion of the Ordinance, unless the content
otherwise requires, the following definitions shall be used:
(1) Airport Elevation means the established elevation of the highest point on
the usable landing area.
(2) Airport Hazard means any structure, tree, or use of land which obstructs
the airspace required for, or is otherwise hazardous to, the flight of aircraft
in landing or taking-off at the airport.
28 - 1
(3) Airport Reference Point means the point established as the approximate
geographic center of the airport landing area and so designated.
(4) Height - for the purpose of determining the height limits in all zones set
forth in this Ordinance and shown on the Zoning Map, the datum shall be
mean sea level elevation unless otherwise specified.
(5) Instrument Runway means a runway equipped or to be equipped with
electronic or visual air navigation aids adequate to permit the landing of
aircraft under restricted visibility conditions.
(6) Landing Area means the area of the airport used for the landing, takeoff,
or taxing of aircraft.
(7) Nonconforming Use means any structure, tree, or use of land which is
lawfully in existence at the time the regulations are prescribed in this
Ordinance or an amendment thereto becomes effective and does not then
meet the requirements of said regulations.
(8) Non-instrument Runway means a runway other than an instrument
runway.
(9) Person means an individual, firm, partnership, corporation, company,
association, joint stock association, or body politic, and includes a trustee,
receiver, assignee, administrator, executor, guardian, or other
representative.
(10) Runway means the paved surface of an airport landing strip.
(11) Structure means an object constructed or installed by man, including, but
without limitation, buildings, towers, smoke- stacks, and overhead
transmission lines.
(12) Tree means any object of natural growth.
(b) Zones: In order to carry out the provisions of this Ordinance, there are hereby
created and established certain zones which include all of the land lying within
the Instrument Approach Zones, Non-instrument Approach Zones, Transition
Zones, Horizontal Zone, and Conical Zone. Such areas and zones are shown on
the Bush Field Airport Zoning Map consisting of one sheet prepared by the
Augusta-Richmond County Planning Commission and dated March 8, 1982,
which is attached to this Ordinance and made a part hereof. The various zones are
hereby established and defined as follows:
(1) Instrument Approach Zone- An Instrument Approach Zone is established
at each end of the instrument runway for instrument landings and takeoffs.
The Instrument Approach Zone shall have a width of one thousand (1,000)
feet at a distance of two hundred (200) feet beyond each end of the
runway, widening thereafter uniformly to a width of sixteen thousand
(16,000) feet a distance of fifty thousand two hundred (50,200) feet
beyond each end of the runway, its centerline being the continuation of the
centerline of the runway.
(2) Non-instrument Approach Zone- A Non-instrument Approach Zone is
established at each end of all non-instrument runways on Bush Field
Airport for non-instrument landings and takeoffs. The Non-instrument
Approach Zone shall have a width of five hundred (500) feet at a distance
of two hundred (200) feet beyond each end of the runway, widening
thereafter uniformly to a width of fifteen hundred (1,500) feet at a
horizontal distance of five thousand (5,000) feet beyond each end of the
28 - 2
runway, its centerline being the continuation of the centerline of the
runway.
(3) Transition Zones- Transition Zones are hereby established adjacent to
each instrument and non-instrument runway and approach zone as
indicated on the Zoning Map. Transition Zones, symmetrically located on
either side of runways, have variable widths as shown on the Zoning Map.
Transition Zones extend outward from a line two hundred fifty (250) feet
on either side of the centerline of the non-instrument runway; for the
length of such runway plus two hundred (200) feet on each end; and five
hundred (500) feet on either side of the centerline of the instrument
runway, for the length of such runway plus two hundred (200) feet on each
end, and are parallel and level with such runway centerlines. The
Transition Zones along such runways slope upward and outward one (1)
foot vertically for each seven (7) feet horizontally to the point where they
intersect the surface of the Horizontal Zone. Further, Transition Zones are
established adjacent to both Instrument and Non- instrument Approach
Zones for the entire length of the Approach Zones. These Transition Zones
have variable widths, as shown on the Zoning Map. Such Transition Zones
flare symmetrically with either side of the Runway Approach Zones from
the base of such zones and slope upward and outward at the rate of one (1)
foot vertically for each seven (7) feet horizontally to the points where they
intersect the surfaces of the Horizontal and Conical Zones. Additionally,
Transition Zones are established adjacent to the Instrument Approach
Zone where it projects through and beyond the limits of the Conical Zone,
extending a distance of five thousand (5,000) feet measured horizontally
from the edge of the Instrument Approach Zones at right angles to the
continuation of the centerline of the runway.
(4) Horizontal Zone - A Horizontal Zone is hereby established by swinging
ares of ten thousand (10,000) feet radii from the center of each end of the
primary surface of each runway and connecting the adjacent ares by
drawing lines tangent to those ares. The Horizontal Zone does not include
the Instrument and Non-instrument Approach and Transitional Zones.
(5) Conical Zone - A Conical Zone is hereby established commencing at the
periphery of the Horizontal Zone and extending outward and upward from
the periphery of the Horizontal Zone surface at a slope of twenty to one
(20:1) for a Horizontal Zone distance of four thousand (4,000) feet. The
Conical Zone does not include the Instrument and Non- instrument
Approach and Transition Zones.
(c) Height Limitations: Except as otherwise provided in this Ordinance, no structure
or tree shall be erected, altered, allowed to grow or maintained in any zone
created by this Ordinance to a height in excess of the height limit herein
established for such zone. Such height limitations are computed from the
established airport elevation and are hereby established for:
(1) Instrument Approach Zone- One (1) foot in height for each fifty (50) feet
in horizontal distance beginning at a point two hundred (200) feet from
and at the elevation of the end of the instrument runway and extending to a
horizontal distance of ten thousand (10,000) feet; thence, one (1) foot for
each forty (40) feet for an additional horizontal distance of forty
28-3
thousand (40,000) feet beyond each end of the runway, its centerline being
the continuation of the centerline of the runway.
(2) Non-instrument Approach Zones- One (1) foot in height for each twenty
(20) feet in horizontal distance beginning at a point two hundred (200) feet
from and at the elevation of the end of the non-instrument runway and
extending to a point five thousand (5,000) feet beyond each end of the
runway, its centerline being the continuation of the centerline of the
runway.
(3) Transition Zones- One (1) foot in height for each seven (7) feet in
horizontal distance beginning at a point two hundred fifty (250) feet
normal to and at the elevation of the centerline of non-instrument runways
extending two hundred (200) feet beyond each end thereof, and five
hundred (500) feet normal to and at the elevation of the centerline of the
instrument runway extending two hundred (200) feet beyond each end
thereof, extending to a height of one hundred fifty (150) feet above the
airport elevation which is 145.14 feet above mean sea level. In addition to
the foregoing, there are established height limits of one (1) foot vertical
for each seven (7) feet horizontal distance measured from the edges of all
approach zones for the entire length of the approach zones and extending
upward and outward to the points where they intersect the horizontal or
conical surfaces. Further, where the Instrument Approach Zone projects
through and beyond the Conical Zone, a height limit of one foot for each
seven (7) feet of horizontal distance shall be maintained beginning at the
edge of the Instrument Approach Zone and extending a distance of five
thousand (5,000) feet from the edge of the Instrument Approach Zone
measured normal to the centerline of the runway extended.
(4) Horizontal Zone- One hundred and fifty (150) feet above the airport
elevation or a height of 295.14 feet above mean sea level except where the
existing elevation is greater than 245.14 feet above mean sea level, in
which case the horizontal zone shall equal the existing ground elevation
plus fifty (50) feet.
(5) Conical Zone- One (1) foot in height for each twenty (20) feet of
horizontal distance beginning at the periphery of the horizontal zone,
extending to a height of 495.14 feet above the airport elevation. Where an
area is covered by more than one height limitation, the more restrictive
limitation shall prevail. Nothing in this Ordinance shall be construed as
prohibiting the growth, construction, or maintenance of any tree or
structure to a height up to twenty (20) feet above the surface of the land.
(d) Use Restrictions: Notwithstanding any other provisions of this Ordinance, no use
may be made of land within any zone established by this Ordinance in such a
manner as to create electrical interference with radio communication between the
airport and aircraft, make it difficult for fliers to distinguish between airport lights
and others, result in glare in the eyes of fliers using the airport, impair visibility or
otherwise endanger the landing, takeoff or maneuvering of aircraft.
(e) Nonconforming Uses:
(1) Regulations not retroactive. The regulations prescribed by this Ordinance
shall not be construed to require the removal, lowering, or other changes
or alteration of any structure or tree not conforming to the regulations as
28-4
of the effective date of this Ordinance or otherwise interfere with the
continuation of any nonconforming use.
(2) Marking and lighting. Notwithstanding the preceding provision of this
Section, the owner of any nonconforming structure or tree is hereby
required to permit the installation, operation and maintenance thereon of
such markers and lights as shall be deemed necessary by the Federal
Aviation Administration to indicate to the operators of aircraft in the
vicinity of the airport, the presence of such airport hazards. Such markers
and lights shall be installed, operated, and maintained at the expense of the
Augusta, Georgia Commission.
( fl Permits:
(1) Future uses- except as specifically provided in the paragraph whereunder,
no material change shall be made in the use of land and no structure or
tree shall be erected, altered, planted, or otherwise established in any zone
hereby created unless a permit therefore shall have been applied for and
granted. Each application for a permit shall indicate the purpose for which
the permit is desired, with sufficient particularity to permit it to be
determined whether the resulting use, structure, or tree would conform to
the regulations herein prescribed. If such determination is in the
affirmative, the permit shall be granted. In the area lying within the limits
of the Horizontal Zone and Conical Zone, no permit shall be required for
any tree or structure less than seventy-five (75) feet of vertical height
above the ground, except when, because terrain, land contour, or
topographic features such tree or structure would extend above the height
limits prescribed for such zone.
In the areas lying within the limits of the instrument and non-instrument
approach zones but at a horizontal distance of not less than four thousand
two hundred (4,200) feet from each end of the runways, no permit shall be
required for any tree or structure less than seventy-five (75) feet of vertical
height above the ground, except when such tree or structure, because of
terrain, land contour, or topographic features would extend above the
height limit prescribed for such instrument or non-instrument approach
zone. �
In the areas lying within the limits of the transition zones beyond the
perimeter of the horizontal zone, no permit shall be required for any tree
or structure less than seventy-five (75) feet of vertical height above the
ground, except when such tree or structure, because of terrain, land
contour, or topographic features, would extend above the height limit
prescribed for such transition zones. Nothing contained in any of the
foregoing exceptions shall be construed as permitting or intending to
permit any construction, alteration, or growth of any structure or tree in
excess of any of the height limits established by this Ordinance.
(2) Existing uses. No permit shall be granted that would allow the
establishment or creation of an airport hazard or permit a nonconforming
use, structure, or tree to be made higher or become a greater hazard to air
navigation than it was on the effective date of this Ordinance or any
28-5
amendments thereto or than it is when the applications for such a permit
shall be granted.
(3) Nonconforming uses abandoned or destroyed. When ever the Chief
Building Official determines that a nonconforming structure or tree has
been abandoned or more than eighty percent (80%) torn down, physically
deteriorated, or decayed, no permit shall be granted that would allow such
structure or tree to exceed the applicable height limit or otherwise deviate
from the zoning regulations.
(4) Hazard marking and lights. Any permit or variance granted may, if such
action is deemed advisable to effectuate the purpose of this Ordinance and
be reasonable in the circumstances, be so conditioned as to require the
owner of the structure or tree in question to permit the Augusta
Commission, to install, operate, and maintain thereon such markers and
lights as may be necessary to indicate to fliers the presence of an airport
hazard.
28-6
SECTION 28-A
TELECOMMUNICATION FACILITIES
28-A-1 PURPOSE. This section is designed and intended to balance the interests of the
residents of Augusta-Richmond County, telecommunications providers and
telecommunications customers in the siting of telecommunications facilities
within Augusta, Georgia so as to protect the health, safety and integrity of
residential neighborhoods and foster through appropriate zoning and land use
controls, a competitive environment for telecommunications carriers that does not
unreasonably discriminate among providers of functionally equivalent personal
wireless services and shall not prohibit or have the effect of prohibiting the
provision of personal wireless services, and so as to promote Augusta, Georgia as
a proactive city in the availability of personal wireless telecommunications
service. To that end, this section shall:
A. Provide for the appropriate local land use and development of
telecommunications facilities in Augusta-Richmond County;
B. Protect Augusta, Georgia's built and natural environment by promoting
compatible design standards for telecommunications facilities;
C. Minimize adverse visual impacts of telecommunications facilities through
careful design, siting, landscape screening and innovative camouflaging
techniques;
D. Avoid potential damage to adjacent properties from tower or antenna
failure through engineering and careful siting of telecommunications
tower structures and antenna;
E. Maximize use of any new and existing telecommunications towers so as to
minimize the need to construct new towers and minimize the total number
of towers throughout Augusta, Georgia;
F. Maximize and encourage use of alternative telecommunication tower
structures rather than construction of additional single-use towers; and
G. Encourage and promote the location of new telecommunications facilities
in areas which are not zoned for residential use.
28-A-2 DEFINITIONS. As used in this ordinance, the following terms shall have the
meanings indicated:
A. "Antenna" means any exterior apparatus designed for the sending and/or receiving
of electromagnetic waves for telephonic, radio, television, or personal wireless
services. For the purposes of this ordinance the term "antenna" does not include
any tower and antenna under seventy (70) feet in total height which is owned and
operated by an amateur radio operator licensed by the Federal Communications
Commission, and any device designed for over-the-air reception of radio or
television broadcast signals.
B. "Director" means the Executive Director of the Augusta Planning and
Development Department
C. "Governin� bodv" means the Augusta Commission;
D. "Monopole tower" means a telecommunications tower consisting of a single pole
constructed without guy wires or ground anchors;
E. "Panel Antenna" means a flat surfaced antenna used for transmitting and
receiving radio signals.
28-A-1
F. "Permitted Use" means the use of land that is allowed "by right" requiring no
further zoning action or special exception to permit its development.
G. "Stealth Facilitv" means a telecommunications facility that is not readily
identifiable as a telecommunications facility, is visually unobtrusive, and has an
innovative approach to construction.
H. "Telecommunications facilities" refers to antenna and towers, either individually
or together.
I. "Tower" means a structure, such as a lattice tower, or monopole tower constructed
as a freestanding structure or in association with a building, other permanent
structure or equipment on which is located one or more antenna intended for
transmitting or receiving analog, digital, microwave, cellular, telephone, personal
wireless service or similar forms of electronic communication. The term includes
microwave towers, common carrier towers, and cellular telephone towers;
J. "Whip antenna" means an antenna vertically oriented, for transmitting and
receiving radio signals.
28-A-3 EXEMPTIONS. The following shall be exempt from this ordinance:
A. Any tower and antenna under seventy (70) feet in total height which is owned and
operated by an amateur radio operator licensed by the Federal Communications
Commission;
B. Any device designed for the over-the-air reception of radio or television broadcast
signals; or
C. Any telecommunications facilities located on property owned, leased or otherwise
controlled by Augusta, Georgia provided a license or lease authorizing the
telecommunications facility has been approved;
28-A-4 GENERAL REQUIREMENTS. The following shall govern the location and
construction of all telecommunication facilities regulated by this ordinance:
A. Building Codes and Safety Standards. To ensure the structural integrity of
telecommunications facilities, the owner of a telecommunications facility shall
ensure that it is maintained in compliance with standards contained in applicable
local building codes and constructed to the EIA/TIA 222-E standards, as
published by the Electric Industries Association, which may be amended from
time to time. Owners of telecommunications facilities shall conduct periodic
inspections of such facilities at least once every five years to ensure structural
integrity. Inspections shall be conducted by a qualified independent engineer
licensed to practice in Georgia. The results of such inspection shall be provided to
the Director.
B. Regulatory Compliance.
1. All teleeommunications facilities must meet or exceed current standards
and regulations of the FAA, the FCC and any other agency of the state or
federal government with the authority to regulate telecommunications
facilities.
2. Owners of telecommunications facilities shall provide certification
showing that each telecommunications facility is in compliance with all
applicable federal and state requirements. Certification of compliance
must be submitted every 5 years.
28-A-2
C. VisualImpact.
1. Telecommunications facilities shall either maintain a galvanized steel
finish, or subject to any applicable standards of the FAA or other
applicable federal or state agency, be painted a neutral color or painted
and/or textured to match the existing structure so as to reduce visual
obtrusiveness.
2. If an antenna is installed on a structure other than a tower, the antenna and
associated electrical and mechanical equipment must be of a neutral color
or identical to, or closely compatible with the color of the supporting
structure so as to make the antenna and related equipment as visually
unobtrusive as possible. Roof-mounted antennas shall be made visually
unobtrusive by screening to match existing air conditioning units, stairs,
elevator towers or other background.
3. Where feasible, telecommunications facilities should be placed directly
above, below or incorporated with vertical design elements of a building
to help in camouflaging.
4. Any equipment shelter or cabinet that supports telecommunications
facilities must be concealed from public view or made compatible with the
architecture of the surrounding structures or placed undergound.
Equipment shelters or cabinets shall be screened from public view by
using landscaping or materials and colors consistent with the surrounding
backdrop. The shelter or cabinet must be regularly maintained.
5. Site location and development shall preserve the primary character of the
surrounding buildings and land uses and the zone district as much as
possible. Towers shall be integrated through location and design to blend
in with existing characteristics of the site to the extent practical.
6. Except for stealth facilities, towers shall not be sited where they would, in
the opinion of the Augusta, Georgia Planning Commission, negatively
affect (a) historic structures or landmarks that are recognized or
designated in national or state historic registers, or (b) structures or
landmarks that are at least fifty (50) years old and, in the opinion of the
Augusta, Georgia Planning Commission have some demonstrable historic
value.
7. At a tower site the design of the buildings and related structures shall to
the extent possible, use materials, colors, textures, screening, and
landscaping that will blend the tower and related facilities to the natural
setting and built environment.
D. Landscaping.
1. Landscaping shall be used to effectively screen the view of the
telecommunication facility from adjacent public ways, public property and
residential property.
2. Native vegetation on the site shall be preserved to the greatest practical
extent. The applicant shall provide a site plan showing existing significant
vegetation to be removed, and vegetation to be replanted to replace that
lost.
3. The landscaping requirement, where lesser requirements are desirable for
adequate visibility for security purposes, for continued operation of
existing bona fide agricultural or forest uses such as farms, nurseries and
28-A-3
tree farms or where an antenna is placed on an existing structure may be
modified or waived upon approval of the Augusta, Georgia Planning
Commission. In certain locations where the visual impact of the tower
would be minimal, such as remote agricultural or rural locations or
developed heavy industrial areas, the landscaping requirement may be
modified or waived upon approval by the Augusta, Georgia County
Planning Commission.
4. Existing on-site vegetation shall be preserved or improved, and
disturbance of the existing topography shall be minimized, unless such
disturbance would result in less visual impact of the site to the surrounding
area.
5. The landscaping provisions of this section shall not apply to
telecommunication facilities located in LI (Light Industry) and HI (Heavy
Industry) zones, unless the site is in view of a residential use in a
residential zone, as viewed from the base of the tower. This does not
exempt such development from the provisions of the Augusta Tree
Ordinance.
E. Setbacks.
The following setback requirements shall apply to all telecommunications facilities,
provided however, that the Augusta, Georgia Planning Commission may reduce the
standard setback requirements of this section if the goals of this ordinance would be
better served thereby:
1. Telecommunications towers must be set back a distance equal to the height of the
tower from any existing off-site residential structure.
2. Telecommunications towers must be set back a distance equal to one half of the
height of the tower from any property line which borders a single family
residentially zoned lot that is either located in a developed or developing
subdivision or a tract for which a legal subdivision development plan is on file.
3. Towers, guy wires and accessory facilities must satisfy the zoning district setback
requirements as identified in Sections 7-28 of this Ordinance.
4. The tower setbacks referenced in Subsections 1 and 2 of this Section [28-A-4(E)]
shall be measured from the base of the tower itself.
F. Miscellaneous.
1. Lighting: No illumination is permitted on telecommunications facilities unless
required by the FCC, FAA, or other state or federal agency of competent
jurisdiction or unless necessary for air traffic safety. When lighting is required, it
shall be oriented inward to the extent possible so as not to project onto
surrounding residential property.
2. Advertising. No advertising is permitted on telecommunications facilities.
However, whip antennas or panel antennas may be allowed on any legally
permitted permanent billboard or outdoor advertising sign as long as the other
requirements of this ordinance are met.
3. Telecommunication facilities may be located on sites containing other principal
uses in the same buildable area.
4. Security. Towers shall be enclosed by decay-resistance security fencing not less
than six (6) feet in height and shall be equipped with an appropriate anti-climbing
device or other similar protective device designed to prevent tower access. If the
28-A-4
owner can demonstrate the ability to restrict unauthorized access to the tower,
then this latter provision may be waived by the Director.
28-A-5 DISTRICT REGULATIONS
A. Agriculture (A) Zone.
1. Telecommunication towers may be located in an A zone upon the granting
of a special exception.
2. Factors to be considered in granting a special exception are identified in
28-A-6.
B. Single-family Residential Zone (R-1, R-1 A, R-1 B, R-1 C, R-1 D, and R-1 E) :
1. Telecommunication facilities not exempted under 28-A(3) may not be
located in the R-1 zone as permitted uses;
2. Monopole and antenna telecommunication facilities may be located in a
single family residential zone upon the granting of a special exception.
3. In order to qualify for consideration by Special Exception in the R-1 zone,
telecommunication facilities must be located on existing nonresidential
structures, or designed as stealth facilities.
4. Factors to be considered in granting a Special Exception are identified in
28-A-6.
C. Two-family Residential (R-2), Multiple-Family Residential (R-3A, R-3B, and R-
3C), Manufactured Home Residential (R-MH), and Professional (P-1) Zones.
1. Telecommunication facilities or antenna, and stealth facilities shall be
permitted uses in the R-2, R-3A, R-3B, R-3C, R-MH, and P-1 zones, if
they are located on existing nonresidential structures, and as long as they
do not exceed the height allowable in the zone. Whip antennas or panel
antennas may extend twenty (20) feet above the height limit.
2. Otherwise, telecommunications towers may be located in the R-2, R-3A,
R-3B, R-3C, R-MH, and P-1 zones upon the granting of a special
exception.
3. Factors to be considered in granting a Special Exception are identified in
28-A-6.
D. Neighborhood Business Zone (B-1).
1. Monopole telecommunication facilities and antenna may be located in the
B-1 zone as permitted uses so long as they do not exceed the height limit
for the zone, except that whip antennas or panel antennas can extend
twenty (20) feet above the height limit.
2. Other telecommunication facilities may be located in the B-1 zone upon
the granting of a Special Exception.
3. Factors to be considered in granting a Special Exception are identified in
28-A-6.
E. General Business Zone (B-2)
1. A telecommunication facility may be located in the B-2 zone as a
permitted use under the following conditions:
(a) does not exceed the height limit of the zone, and within'h mile of a
proposed tower location there are no existing structures the top of
which appear to be 90% or more of the height (elevation AMSL)
of the proposed tower; or
28-A-5
(b) It exceeds the height limit for the zone, but not by more than thirty
(30) feet, and the tower will be built to accommodate two other
wireless carriers (at least 3) and within'h mile of a proposed tower
location there are no other existing structures the top of which
appear to be 90% or more of the height (elevation AMSL) of the
proposed tower; or
(c) It does not exceed the height limit for the zone and the applicant
can demonstrate to the satisfaction of the staff of the Augusta
Planning and Development Department that coverage / capacity
capability and system design would be compromised if the
applicant were required to co-locate.
2. In all other cases, telecommunication facilities may be permitted in the B-
2 zone by special exception.
3. Factors to be considered in ganting a special exception are identified in
28-A6.
4. Whip antennas or panel antennas may extend twenty (20) feet above the
height limit for the zone or any other permitted height as indicated above.
F. Industrial Zones (LI and HI). Telecommunication facilities may be located in the
LI and HI zones under the following conditions:
1. As permitted uses in the LI zone if the height is not to exceed 200 feet;
and
2. As permitted uses in the HI zone if the height is not to exceed 350 feet.
3. In all other cases, telecommunication facilities may be permitted in the LI
and HI zones by special exception.
4. Factors to be considered in granting a special exception are identified in
28-A6.
28-A-6 SPECIAL EXCEPTION
Criteria to be used to evaluate applications that require special exceptions shall include the
following:
1. height of proposed structure
2. distances to residences
3. nature of surrounding land use
4. surrounding topography
5. surrounding tree coverage
6. design of structure - characteristics that reduce obtrusiveness
7. design of structure - ability to accommodate additional antenna
8. ingress and egress
9. availability of towers or other tall structures within one-half mile of the proposed
site. If within %2 mile of a proposed tower location there are existing structures the
top of which appear to be 90% or more of the height (elevation AMSL) of the
proposed tower site, then evidence must be provided with the application that
existing structures are not of sufficient strength, or applicant use of structure
would cause conflict with the existing use of structure, or that the cost of sharing
would be unreasonable, or that the structure is not available for co-location, or
coverage / capacity capability and system design would be compromised. (SEE
28-A-7);
28-A-6
10. Proximity to property owned by Augusta, Georgia that could be utilized for
construction at the same or less cost to the carrier while accomplishing the same
coverage goals of the carrier.
28-A-7 APPLICATION PROCEDURE. Applications for the construction of telecommunications
facilities, except for whip antennas and panel antennas where they are permitted uses, shall be
made to the staff of the Augusta, Georgia Planning Commission. A cursory review during an �
initial conference regarding a proposed facility may be held, but applications will not be
accepted unless they contain the following information:
A. Site plan or plans to scale specifying the location of telecommunications facilities,
transmission building and/or other accessory uses, access, fences, landscaped area and
adjacent land uses.
B. Landscape plan to scale indicating size, spacing and type of plantings required in Section
28-A-2d.
C. A general description of the environment surrounding the proposed telecommunications
facility accompanied by a map covering an area at least one-half mile in radius, to scale
no greater than one inch to 1200 feet, showing any adjacent residential structures and
districts, structures and sites of historic significance, streetscapes or scenic view
corridors.
D. For those proposed tower locations requiring a special exception or for those facilities for
which the elevation of the top of other structures could result in the need for a special
exception, identification of the geographic service area for the subject installation,
including a map covering an area at least one-half mile in radius and at a scale no greater
than one inch to 1200 feet showing the site and the nearest or associated
telecommunications facility sites within the network of the applicant. Describe the
distance between the telecommunications facility sites of the applicant. Describe how this
service area fits into and is necessary for the service network of the applicant.
E. For those proposed tower locations requiring a special exception or for those facilities for
which the elevation of the top of other structures could result in the need for a special
exception, a map covering an area of at least one-half mile in radius, to scale no greater
than one inch to 1200 feet, showing all publicly owned property and buildings per
information provided by Augusta, Georgia, telecommunication facilities, and structures
that are 90% or more of the proposed facility height (AMSL). Provide a list of all such
properties and structures including street addresses, and a statement describing good faith
efforts and measures that were taken to secure these locations, addressing why such
properties and structures were not structurally, legally, technically, or economically
feasible and why such efforts were unsuccessful.
F. For those proposed tower locations requiring a special exception or for those facilities for
which the elevation of the top of other structures could result in the need for a special
exception, the applicant shall quantify the additional tower capacity to be constructed if
the proposal is granted, including the approximate number and types of antenna that it
could accommodate. The applicant shall provide a drawing of each tower showing
existing and proposed antenna locations. The applicant shall also describe any limitations
on the ability of the tower to accommodate other uses, e.g., radio frequency interference,
mass height, frequency or other characteristics. The applicant shall provide certification
that notice of the application has been given to all other telecommunication tower users in
the area by certified mail identifying the proposed location and asking for their input
regarding co-location possibilities.
G. Report from the applicant documenting the following:
28-A-7
1. Telecommunications facility height and design, including technical, engineering,
economic, and other pertinent factors governing selection of the proposed design;
2. Total anticipated capacity of the telecommunications facility, including number
and types of antenna which can be accommodated;
3. Evidence of structural integrity of the tower structure; and
4. Structural failure characteristics of the telecommunications facility and
demonstration that site and setbacks are of adequate size to contain debris.
H. The identity of a community liaison officer appointed by the applicant to resolve issues of
concern to neighbors and residences relating to the construction and operation of the
facility. Include name, address, telephone number, facsimile number and electronic mail
address, if applicable.
I. For those proposed tower locations requiring a special exception or for those facilities for
which the elevation of the top of other structures could result in the need for a special
exception, a schedule for construction of the proposed facility if zoning authorization is
granted. Upon approval of a special exception, construction must begin within one year
or the special exception shall be null and void. An applicant who is licensed by the FCC
may submit a revised schedule to the Augusta, Georgia Planning Commission within the
one year period asking for an extension, which the Augusta, Georgia Planning
Commission shall have the authority to consider as a variance. In no case shall an
applicant who is not licensed by the FCC be eligible for a variance from the one year
provision.
28-A-8 ABANDONED TOWERS
A. Any telecommunications facility that is not operated for a continuous period of two (2)
years or more shall be considered abandoned, whether or not the owner or operator
intends to make use of it or any part of it. The owner of a telecommunications facility and
the owner of the property where the facility is located shall remove the abandoned
telecommunications facility. If such antenna and/or tower is not removed within sixty
(60) days of receipt of a notice from Augusta, Georgia, notifying the owner(s) of such
abandonment, Augusta, Georgia may remove such tower and/or antenna and place a lien
upon the property to insure that abandoned telecommunications facilities are removed.
Delay by Augusta, Georgia in taking action shall not in any way waive Augusta,
Georgia's right to take action. Augusta, Georgia may seek to have the
telecommunications facility removed regardless of the owner's or operator's intent to
operate the tower or antenna and regardless of any permits, federal, state or otherwise,
which may have been granted.
B. If the owner of a tower or antenna, which has been abandoned for a period of two years
or more, wishes to use such abandoned tower or antenna, the owner first must apply for
and receive all applicable permits and meet all of the conditions of this ordinance as if
such tower or antenna were a new tower or antenna.
28-A-9 PRE-EXISTING TOWER / NONCONFORMING USES
A. All telecommunications facilities operative on the effective date shall be allowed to
continue their present usage as a nonconforming use and shall be treated as a
nonconforming use in accordance with Section 5 of the Comprehensive Zoning
Ordinance. Routine maintenance, including replacement with a new tower or antenna of
like construction and height, shall be permitted on such existing telecommunications
28-A-8
facilities. New construction other than routine maintenance shall comply with the
requirements of this ordinance.
B. Proposed communication antennae may, and are encouraged to, collocate onto existing
communication towers. Collocations are permitted by right and new or additional special
exception approval shall not be required.
C. An existing communication tower may be modified or rebuilt to a height not to exceed
thirty (30) feet more than the existing tower's height, to accommodate the location of
additional communication antennae. An increase in height per this provision shall only be
permitted one time at a given tower location. The following provisions shall also apply:
1. The type of construction shall be the same tower type as the existing
communication tower or of monopole design.
2. The additional height shall not require an additional distance separation as set
forth in either subsections 28-A-4E (1), (2), or (3).
3. A communication tower which is being rebuilt to accommodate the collocation of
additional communication antennae may be moved on-site within one hundred
(100) feet of its existing location so long as it is not moved closer to any
residential structures than the existing location had been.
4. ABer the communication tower is rebuilt to accommodate collocation, only one
tower may remain on the site.
5. A relocated on-site communication tower shall continue to be measured from the
original tower location. The relocation of a tower hereunder shall in no way be
deemed to cause violation of subsections 28-A4E (1), (2), or (3).
6. The on-site relocation of a communication tower that is greater than one hundred
(100) feet and which comes within the set back distances to residential units, as
established in Section 28-A-4E of this ordinance, shall be permitted only when
notarized written consent is obtained from adjoining residential property owners.
Nonconforming residential structures of three (3) or less do not apply.
D. Placement of an antenna on a nonconforming structure shall not be considered an
expansion of the nonconforming structure.
28-A-9
SECTION 28-B
SIGNS
28-B-1 PURPOSE. The purpose of this Section is to provide fair and comprehensive regulations that
will promote safety by eliminating confusing, distracting and unsafe signs; assure the opportunity
for businesses to advertise in an efficient and cost-effective manner; and enhance the physical
appearance, natural beauty and historical significance of Augusta. It is declared that the
regulation of signs within Augusta is necessary and in the public interest:
A. To promote traffic safety and protect the general public from damage and injury caused,
or partially attributable to, the distractions or obstructions impairing motorists' ability to
see pedestrians, other vehicles, obstacles or traffic signs which are caused by improperly
designed or situated signs;
B To protect property values within Augusta;
C. To promote and aid in the tourist industry which is declared to be of importance to the
economy of Augusta;
D. To provide a pleasing overall environmental setting and community appearance which is
deemed vital to tourism and to the continued economic attractiveness of Augusta;
E. To allow signs appropriate to the planned character of each zoning district;
F. To protect the right of citizens to enjoy Augusta's natural scenic beauty;
G. To improve the legibility and effectiveness of commercial and governmental signs; and
H. To preserve and promote the public health, safety and welfare in the City.
I. To enhance the aesthetics of the community.
28-B-2 DEFINITIONS. For the purpose of this Section the following definitions will be used:
Banner. A sign or outside advertising display bearing the characters, letters, illustrations,
ornamentations, symbols, colors, or visual representations applied to cloth, paper, vinyl,
fiber, plastic, or like malleable material with or without frame. The term "banner" shall
include flags, pennants, life rafts, t-shirts, towels, ribbons, spinners, streamers, kites,
balloons, tethered hot air balloons, inflatable devices, and similar objects, or any other
material or outside advertising display whether stationary or fastened in such a manner as to
move upon being subjected to movement of the atmosphere or any mechanical device. A
banner may or may not have lettering or other specific identification or advertising
information or graphics.
Commercial (as used in commercial message or commercial speech). Related to the promotion
or sale of a service or product.
Flag, Official. A flag of the United State of America, or a flag of the State of Georgia or other
governmental entity, or a flag officially adopted by the person, institution, organization, or
corporation occupying a property.
Message Board or Reader Board. A sign or portion of a sign on which the message or copy
changes automatically on a lamp bank or through mechanical means. Also known as a
Commercial Electronic Variable Message Sign.
Non Commercial (as used in non commercial message or non commercial speech). Not related
to the promotion or sale of a service or product.
Reader Board or Message Board. A sign or portion of a sign on which the message or copy
changes automatically on a lamp bank or through mechanical means. Also known as a
Commercial Electronic Variable Message Sign.
28-B-1
Sign. Any device or representation for visual communication that is used for the purpose of
bringing the subject thereof to the attention of others which is located on or attached to
premises, real property, structures on real property, or a vehicle.
Sign, Abandoned. A sign which was properly permitted and erected on property in conjunction
with a particular use which use has been discontinued for a period of 30 days or more; or a
permitted temporary sign for which the permit has expired.
Sign, Awning. A sign located on an awning, which is a roof-like cover providing protection
from the weather placed over or extending from or above any window, door or other entrance
to a building.
Sign, Building Mounted. An on-premises sign painted onto or attached to a building, canopy,
awning, marquee or mechanical equipment located outside a building.
Sign, Canopy. A sign located on a canopy, which is a permanent roof-like structure providing
protection against the weather whether attached to or detached from a building.
Sign Enforcement Officer. An employee of the Augusta Planning and Development Deparhnent
who is responsible for enforcement of the provisions of this Section and is empowered to
issue citations, remove certain illegal signs, and take other actions consistent with this
Section.
Sign, Freestanding. A sign supported by a structure secured in the ground and which is wholly
independent of any building, fence, vehicle, or other support.
Sign, Mansard. A sign attached to the mansard section of a roof, which is the lower, mostly
vertical portion of a roof with two pitches, including a flat topped roof with a mansard
portion.
Sign, Marquee. A sign attached to a marquee, which is a permanent roof-like structure
projecting from and beyond a building wall at an entrance to a building or extending along
and projecting beyond the building's wall and generally designed and constructed to provide
protection against the weather.
Sign, Monument. A freestanding sign which is mounted on or supported by a structure which is
not a simple pole, pylon, or beam system.
Sign, Non Conforming. A sign which was in existence and was constructed in compliance with
the terms of any prior Ordinance but does not conform to the provisions of this Section.
• Sign, Off-Premises. A sign, single face, double face, or v-type, which directs attention to one
or more businesses, commodities, services, or entertainment, and which is primarily, but not
exclusively conducted, sold, or offered off the premises on which the sign is located. This
definition shall not be construed to prohibit non commercial messages on off-premises signs.
• Sign, On-Premises. A sign relating its subject matter to the premises on which it is located,
or to products accommodating services or activities on the premises. This definition shall not
be construed to prohibit non commercial messages on on-premises signs.
• Sign, Pole (or Pylon) Mounted. A freestanding sign which is mounted on or supported by a
simple pole, pylon, or beam system.
Sign, Political. A sign erected for the purpose of advertising a candidate or stating a position
regarding an issue upon which the voters of the city shall vote.
Sign, Portable. A sign which is designed to be transportable (with wheels; designed to be
transported by trailer or wheels; mounted on a vehicle for advertising purposes, parked and
visible from the public right-of-way — except for normal business vehicles) and utilized at
different locations and is not permanently affixed to the ground or to a building.
• Sign, Projecting. An on-premises sign attached to a building, canopy, awning or marquee
and projecting outward therefrom in any direction a distance of two feet or more.
Sign Surface Area. A measurement of the portion of a sign consisting of the actual copy,
advertisement, or area devoted to identification or proclamation within the periphery of the
28-B-2
smallest circle, triangle, rectangle, a combination of the foregoing. The sign surface area
shall include any backgound material, trim, color, or other visual representations which
attracts attention or are used to differentiate a sign from a building, structure, backdrop
surface, or object upon which the sign is placed. Sign surface area shall not include the sign
structures if no message, symbol, or any of the aforementioned sign face criteria are
displayed on or designed as part of the sign structure.
Sign, Temporary. A sign or advertising display constructed of cloth, canvas, fabric, paper,
plywood, sheet metal, or another light material which is designed to be used only
temporarily, and which is not permanently mounted. Included in this category are banners,
portable signs, retailers signs temporarily displayed such as special sale signs, special event
signs, special product or service promotional signs, and similar signs.
Sign, Traffic Directional. An on-premises sign consisting of a simply message such as "in",
"out", "parking" or something similar and an arrow, logo, but nothing more erected solely for
the purpose of vehicular or pedestrian traffic direction or safety. Such sign shall have no
advertising words or phrases.
Sign, Window. Any sign or display which is painted on or applied to or projected upon or within
the interior or exterior of a building glass area, including doors, which can be read from
contiguous property or public right-of-way.
28-B-3 ADMINISTRATION. Administration of this Section shall be the responsibility of the Augusta
Planning and Development Department. Administration shall consist of (A) application and sign
plan, and (B) sign permit:
A. Application and Sign Plan. A sign permit may be issued upon the submission of an
application and an approved sign plan, and payment of a fee. The application shall be on
a form provided by Augusta, Georgia disclosing the sign owner, property owner, property
occupant, address of the premises where the sign is to be located, together with the size of
the proposed sign and a description of any other signs located on the premises, other
signs for which a permit has been issued and remain outstanding, and for proposed signs
yet to be permitted. In addition, other information shall be provided as indicated on the
form, and other information needed pursuant to Sections 28-B-6 through 28-B-12 shall be
provided.
Every permit application shall be accompanied by a sign plan. A sign plan shall show the
location of all existing, permitted but not erected, and proposed signs, all buildings,
parking facilities, driveways, curbs and right-of-way lines immediately adjacent to the
property. Also, single-family residential structures on adjoining properties shall be
shown. The location of the sign(s) for which the permit applies shall be shown. In
addition, the sign plan shall include drawings of all proposed signs showing dimensions,
elevations, height, setbacks, materials and illumination sources, types, and intensity.
Sign plans shall be scaled drawings with accurate dimensions provided, where
appropriate, to show conformance to this Section. Sign plans need not be prepared by
licensed professionals, unless required elsewhere in this Section, but a certification of
their accuracy shall be placed upon the plan.
Sign plans shall be approved, approved with conditions, or denied by the Augusta
Planning and Development Department. Action on a sign plan shall be taken within five
working days of submission or it shall be deemed to have been approved. An approved
sign plan, an application, and payment of a fee shall be required to obtain a sign permit.
28-B-3
B. Sign Permit. Except as specified in Subsection 28-B-4 of this Section, a sign permit must
be obtained from the Augusta Planning and Development Deparhnent prior to the
erection, installation or material alteration of any sign. As used in the preceding
sentence, material alteration shall mean any change in, a) the height of a sign, b) the
surface area of a sign, c) the location of a sign, d) the supporting structure of a sign, and
e) the illumination of a non-illuminated sign; such terms shall not include routine
maintenance and repair or routine electrical work only. Permits may be obtained from
the Augusta Planning and Development Department. Signs to be located in locally
designated historic districts (Title 7, Chapter 4 of the Augusta, Georgia Code), shall be
approved by the Historic Preservation Commission.
A sign permit shall be accompanied by a decal which shall be affixed to the sign structure
before it is erected. A Permit for a temporary sign shall be accompanied by a decal color
coded to the calendar quarter in which the permit is valid. A decal for a permanent sign
shall be valid and remain affixed to the sign throughout the life of the sign. A sign permit
issued upon the basis of false or misleading information which is material to the
application and granting of a permit, shall be immediately revoked and such sign shall be
removed within 30 days.
28-B-4 EXEMPTIONS. The following are not considered to be signs for the purpose of administering
and enforcing this Ordinance, and permits shall not be required.
A. Official Flags. Except during celebration of officially recognized holidays, only one of
each of the three categories of Official flags may be displayed on a lot. Official flags
shall not exceed sixty (60) square feet in area, nor be located on flagpoles more than forty
(40) feet in height or that exceed the height limitation of the zoning district. Official
flags shall be flown in accordance with protocol established by the Congress of the
United States for the Stars and Stripes, as applicable. Any flag not meeting any one or
more of these conditions will be considered a sign and will be subject to regulation as
such.
B. Vehicles regularly and customarily used to transport persons or property for a business
when located on the same property as the business, and used for normal business
purposes other than the display of a message on a lot.
C. Government signs erected pursuant to and in the discharge of any government function.
D. Signs or plates on residential structures or premises bearing the name and/or address of
the occupant; mailboxes, paper boxes, and similar uses customarily associated with
residential structures.
E. Historical markers, monuments or signs as recognized by local, state, or federal
authorities.
F. Holiday decorations that do not convey a commercial message.
G. Any sign or display which is located completely within an enclosed building and which is
not visible from outside the building or beyond the boundaries of the lot or parcel upon
which it is located.
H. Paintings/art work that does not convey a commercial message.
I. Real estate, development, or contractor signs less than six square feet in area related to
the specific property upon which they are located. Such signs larger than 6 square feet in
area shall be regulated as temporary signs per Section 28-B-6.
J. Political signs when the sign area is 32 square feet or less, provided such signs are related
to a specific local, state, or national election and provided such signs are removed within
28-B-4
ten days after such election. Political signs larger than 32 square feet shall be regulated
as temporary signs per Section 28-B-6.
K. Grave markers, headstones, memorial statues or similar non-commercial remembrances.
L. Any sign approved by the Augusta Commission and incorporated into a bus shelter or
bench.
M. Address numbers less than six inches in height.
N. Inside faces of scoreboards or walls on athletic fields.
O. A living display on the ground of flowers or other plants which conveys a message.
P. Banners when specifically approved as to size, form, location and duration by the
Augusta Commission.
Q. In B1, B2, LI, and HI zones, on every lot, or in the case of a shopping center or other
multiple occupancy structure, on every building or storefront, one banner not exceeding
(twenty-four) 24 square feet in area mounted flat against the building or projecting no
more than two (2) feet therefrom, which is removed daily upon the close of business.
R. For shopping centers or other multiple occupancy structures, one sandwich board type
sign per business or occupant, not to exceed twelve (12) square feet in area nor five (5)
feet in height, nor less than three (3) feet in height, may be located within (ten) 10 feet of
the building occupied by each business or occupant of such shopping center or similar
structure. Such sign must be removed daily upon the close of business.
S. On a lot which adjoins a public sidewalk where the main building is setback ten feet or
less from the right-of-way line, a sandwich board type sign (not to exceed twelve square
feet in area .nor five (5) feet in height, nor be less than three (3) feet in height) placed
within the sidewalk encroachment zone as identified in Section 3-8-11 of the City Code,
shall be exempted. Such signs shall be subject to the permitting requirement set forth in
Code Section 3-8-11. Such signs must be removed from the sidewalk daily after the
close of business.
28-B-5 PROHIBITED SIGNS. The following types of signs are prohibited in Augusta, Georgia:
A. Pavement markings or sidewalk markings except those of a customary traffic control
nature or otherwise approved by the City.
B. Signs attached to tr�ees, lampposts, parking meter posts, hydrants, traffic signs, rocks or
other natural features, telephone or utility poles unless specifically approved as to size,
form, location, and duration by the Augusta Commission.
C. Signs mounted, painted, or otherwise displayed on the roofs of buildings.
D. Banners, except that banners may be used as temporary signs.
E, Any sign or outdoor advertising display that depicts any material which is obscene as
defined in The Official Code of Georgia Annotated Section 16-12-80.
F. Any sign or outdoor advertising display which displays nudity as defined in The Official
Code of Georgia Annotated Section 32-6-75 (21) (b).
G. Any private or business sign, except as authorized by Augusta, Georgia, which restricts
or appears to reserve any portion of public right-of-way or any public area for the
exclusive use or private use of an individual, tenant, client, guest, or business.
H. Signs which in any way imitate an official traffic sign or signal, or contains words or
symbols displayed in a manner which might mislead or confuse drivers of vehicles, or
signs which any manner may unduly confuse, distract, or divert the attention of drivers of
vehicles.
I. Signs which use flashing lights, strobe lights, blinking lights, or any type of pulsating or
moving light, except moving message boards or reader boards.
28-B-5
J. Any sign painted on or attached to a vehicle and used as a stationary sign, where said
vehicle is:
1. not titled or displaying a current license tag, or
2. located in a front yard per this Ordinance
K. Any sign which obstructs free ingress to or egress from a required door, window, fire
escape, or other exitway.
28-B-6 TEMPORARY SIGNS. One temporary sign per street frontage may be located on a lot, parcel
or tract which is not occupied by a shopping center of similar multiple occupancy structure in a
B 1, B2, LI, or HI zone. Except for those signs which are exempted under Section 28-B-4 of this
Ordinance, there shall be no temporary signs within shopping centers or similar multiple
occupancy structures in a B1, B2, LI, or HI zone. A temporary sign that is not exempted by 28-
B-4 may be located on property for a maacimum of thirty (30) days per calendar quarter, either
thirty (30) consecutive days or for three (3) ten (10) day periods. A permit shall be acquired for
a temporary sign, and a decal color-coded to the calendar quarter shall be affixed to the
temporary sign before it is erected. The temporary sign shall be removed when the decal expires.
If an applicant chooses to display a sign for three consecutive ten-day periods then such must or
shall be noted on the application for a permit. Using three (3) ten-day periods will require three
inspections. The setbacks and height requirement for permanent signs shall apply to temporary
signs. Temporary signs shall not exceed forty (40) square feet in area (1 side). Temporary signs
shall not be placed or located in parking spaces and shall not be an obstruction for sight distance.
A sign larger than six (6) square feet advertising the sale of real property upon which the sign is
located shall be exempted from permitting and the thirty (30)-day maximum, but such sign shall
be the only temporary sign located on said property.
28-B-7 SIGNS IN AGRICULTURAL, SINGLE-FAMILY RESIDENTIAL, TWO-FAMILY
RESIDENTIAL, AND MULTIPLE-FAMILY RESIDENTIAL ZONES (A, R-1, R-2,
AND R-3). The following signs shall be the only signs permitted in Agricultural and
Residential zones:
A. Entrance Signs For Approved Subdivisions. One subdivision entrance sign per
entrance is allowed for residential subdivisions. Such signs shall not exceed 24
square feet in area or six (6) feet in height. Such sign must be located upon the
property identified by the sign and illuminated only by indirect incandescent
lighting. The location of such sign shall not adversely affect traffic safety and the
location shall be approved by the Traffic Engineer.
B. Entrance Signs For Apartment or Condominium Complexes With More Than Ten
Units in Two-family and Multiple-family Residential Zones. One sign per street
front. Such sign shall not exceed 24 square feet in area or six (6) feet in height.
Each such sign shall be located on the property identified by the sign and
illuminated only by indirect incandescent lighting. An illuminated sign must be
located at least 100 feet from the nearest existing single-family home. The
location of such sign shall not adversely affect traffic flow and shall be approved
by the Traffic Engineer.
C. Signs for Uses Permitted by Special Exception in Sections 15-18 and 26. When
located in Agricultural or Residential zones, signs shall be prohibited in
association with the following uses: family day care homes, family personal care
homes, group personal care homes, transitional housing and home occupations.
When located in any other zone, these uses shall conform to the Regulations for
that zoning classification. When located in Agricultural or Residential zones, the
28-B-6
following uses may have one non illuminated sign per street front which shall not
exceed six square feet in area or five feet in height: lodging houses or tourist
houses, fraternity or sorority houses, congregate personal care homes, and adult
day care facilities. When located in any other zone, these uses shall conform to
the Regulations for that zoning classification. The following uses may have one
sign per street front in an Agricultural or a Residential zone; church, private
school, hospital (public or private), cemetery, nursing home, funeral home, inert
landfill, sanitary landfill, or club per Section 26-1(i). Such signs shall not exceed
24 square feet in area or six (6) feet in height. Each sign must be located upon the
property identified by the sign and this may be illuminated only by indirect
incandescent lighting. An illuminated sign must be located at least 100 feet from
the nearest existing single-family home. When located in any other zone these
uses shall conform to the Regulations for that zoning classification. All signs
provided for in this Subsection shall be set back a minimum of ten (10) feet from
a public right-of-way line or fifteen (15) feet from any curb or edge of pavement.
D. Other Signs. One sign per lot containing non-commercial messages or
commercial messages drawing attention to an activity that is legal on the
premises. Such sign shall not exceed six (6) feet in area, or five (5) feet in height,
and they must be set back at least two (2) feet from the public right-of-way. Such
signs shall not be illuminated. Permits are not required for such signs.
28-B-8 ON-PREMISES FREESTANDING SIGNS IN PROFESSIONAL, COMMERCIAL,
AND INDUSTRIAL ZONES.
A. Number of Signs. In P-1, B-1, B-2, LI or HI zones: One on-premises
freestanding-sign per street frontage (must be oriented toward the street frontage),
plus one for each 300 feet of street frontage or plus one for each ten (10)
businesses in a shopping center or similar multiple occupancy complex. On-
premises freestanding signs on the same property and on the same street frontage
shall be at least 100 feet apart.
B. Sign Surface Area. The maximum on-premises freestanding sign surface area in
the P-1 zone is 12 square feet. Signs in the P-1 Zone shall be non-illuminated and
shall not be located within 20 feet of a single-family residential zone nor within
25 feet of the intersection of the right-of-way lines of intersecting streets. In B-1
zones, the maximum sign surface area is 100 square feet unless the sign location
would be within 100 feet of a single-family residence or single-family residential
zone in which case the maximum sign surface area shall be 50 square feet. In B-
2, LI, or HI zones, the maximum sign surface area is 200 square feet unless the
sign location would be within 100 feet of a single-family residence or single-
family residential zone, or unless the sign would be located within the Planned
Development Riverfront Zone (PDR), or unless the sign would be located in a
national register or locally designated historic district (Title 7, Chapter 4 of the
Augusta, Georgia Code), in which case the maximum sign surface area would be
50 square feet. In the Planned Development Riverfront Zone (PDR) or National
Register or locally designated historic districts (Title 7, Chapter 4 of the Augusta,
Georgia Code), the maximum sign surface area shall be 35 feet in a B-1 zone.
Freestanding signs may be either monument (completely enclosed base) or pylon
(pole) supported. There shall be no limitation on the size of a simple pole or
28-B-7
beam support system. For a monument sign, the supporting structure of the sign
shall not be included in calculating the area of the sign permitted by this
Ordinance; provided, however, that the supporting structure shall not exceed 50%
of the total combined area of the sign and supporting structure.
To encourage design excellence and enhance the aesthetic quality of
development, the minimum on-premises freestanding sign surface area set forth
above may be increased in all cases as provided herein. A separate bonus may be
granted for each of the criteria, but in no case may the total bonus exceed 70%.
Bonus provisions shall not apply within the Planned Development Riverfront
Zone (PDR) or in National Register or locally designated historic districts (Title
7, Chapter 4 of the Augusta, Georgia Code).
1) 10% bonus when the sign is constructed of solid wood and the design is
compatible with the style, texture, and color scheme of the structure(s) on
the site;
2) 10% bonus when an area around the base of the sign is at least 4 times the
area of the sign surface and the area around the base of the sign is covered
by a landscaped planter;
3) 10% bonus if the sign is unlighted;
4) 50% bonus where a proposed sign would replace an existing sign that is
100% larger than the current Ordinance would permit, where the proposed
sign location would not be within 100 feet of a single family residence or
zone, and where the proposed sign would be the only freestanding sign on
the property;
5) 50% bonus if the lot qualifies for more than 1 freestanding sign but only 1
sign is erected, if the proposed sign location would not be within 100 feet
of a single family residence or zone;
6) 25% bonus if the proposed sign location is more than 100 feet from any
existing or proposed public street or highway right-of-way, the proposed
sign is the only on-premises freestanding sign on the property, and the
proposed sign location would not be within 100 feet of a single family
residence or zone.
C. Height. In P-1 zones, the maximum height, including structural elements, is six
feet. In B-1 zones, the maximum height, including structural elements, is 20 feet.
In B-2, LI, or HI zones the maximum height, including structural elements, is 30
feet. The sign's height shall be measured from the elevation of the adjoining road
grade or from the base of the sign, whichever is higher.
D. Interstate Sign Overlay Zone (ISO). Properties zoned B-2, LI, and HI and located
within 1500 feet of the centerline of I-20 or I-520 (except for that Section between
Doug Barnard Parkway and Laney Walker Boulevard) shall constitute the ISO.
Within the ISO, the maximum number of on-premises freestanding signs shall be
calculated as follows:
Lots less than 150 feet of width at the street frontage — 1 sign;
• Lots having 150 feet — 300 feet of width at the street frontage — 2 signs; and
Lots having more than 300 feet of width at the street frontage — two signs plus one
additional sign for each additiona1300 feet of street frontage (i.e. 600 feet = 3
signs).
28-B-8
Within the ISO, the maximum sign surface area shall be 400 square feet for one
on-premises freestanding sign on a lot and 200 square feet for any additional signs
permitted on the same lot. The maximum height in the ISO shall be 120 feet.
E. Setback. No part of any on-premises freestanding sign may be closer than ten feet
from any public right-of-way line or fifteen feet from any curb or edge of
pavement whichever is greater. No on-premises freestanding sign may be located
closer than 50 feet from a single-family residence or an R-zone boundary nor
within 10 feet of any property line. No sign shall be located so as to inhibit the
visibility of motorists entering or leaving a public road.
F. Clearance. Adequate sign clearance shall be provided to assure that vehicular
and pedestrian traffic movements are not adversely affected. Minimum clearance
of pole mounted signs shall be no less than 10 feet above pedestrian ways and not
less than 15 feet above areas utilized by motor vehicles.
G. Traffic Directional Signs. The area, height, and setback limitations at Sections
28-B-8-B to 28-B-8-E shall not apply to on-site entrance, exit, or other traffic
directional signs, provided that no such directional sign shall exceed 30 inches in
height nor more than 4 square feet in area. There shall not be more than two
traffic directional signs per driveway entering or exiting the street frontage. Such
signs shall be set back at least 10 feet from any street curb or edge of pavement
but not on any public right-of-way.
H. Message Boards and Reader Boards. Shall be permitted in B-1, B-2, LI and HI
zones. They shall count toward the maximum permitted on-premises freestanding
signage set forth in Sections 28-B-8-B and 28-B-8-D.
I. Freestanding Outdoor Drive Through Menu Boards. If not visible from a street
right-of-way, menu boards shall not count toward the total on-premises
freestanding signage permitted. If visible from a street right-of-way, then such
signs will be considered to be regulated on-premises freestanding signs.
J. Illumination. Freestanding signs in P-1 zones shall be non illuminated. In B-1,
B-2, LI and HI zones, signs on the same side of a street or across a street from a
single-family residence which is within 100 feet of the proposed sign location
shall be non illuminated. Otherwise, signs in B-1, B-2, LI and HI zones may be
illuminated. To the extent possible, illumination shall be oriented away from
residential areas.
K. Code Conformance. All signs for which a building permit is required shall be
constructed and maintained in conformance with City building and electrical
codes. Plans for all freestanding signs 30 feet or higher, or greater than 150
square feet, shall be certified as to conformance with all structural and wind-load
resistive standards of the Building Code by a structural engineer registered in the
State of Georgia, or be prepared using standard drawings prepared by a structural
engineer or other qualified professional meeting or exceeding all requirements of
the Building Code. Freestanding signage that does not require an engineer's seal
must include supporting foundation calculations. All freestanding signage
requires a foundation inspection. Neon exposed or attached to a structure requires
a final inspection. All signage must have a disconnect switch located at the
signage. All signs involving internal lights or other electrical devices or circuits
shall display a label certifying that all equipment or products are approved by
one of the organizations currently recognized by OSHA as "Nationally
Recognized Testing laboratories (NRTL) '. All signs, together with their supports,
braces, guys and anchors, shall be kept in good repair and, unless constructed of
28-B-9
galvanized or non-corroding metal, shall be given a protective coating as
necessary to maintain a clean appearance and safe condition.
28-B-9 BUILDING MOUNTED SIGNS IN PROFESSIONAL, COMMERCIAL, AND
INDUSTRIAL ZONES.
A. Number and area of signs permitted. In Professional zones, there may be only
one building attached sign per street frontage per building, or in the case of
attached buildings, shopping centers, or other multiple occupancy complexes, one
building attached sign per individual front facade. The area of such signs shall
not exceed 12 square feet. Building mounted signs shall not extend above the
roofline of the portion of the building where they are mounted.
In commercial or industrial zones, the number of building attached signs shall not
be limited. The maximum area in B-1 (Neighborhood Business) zones shall be
one square foot of sign surface area per linear foot of building width parallel to
the street, or in the case of attached buildings, shopping centers or other multiple
occupancy complexes, per individual front facade. In B-2 (General Business)
zones, LI (Light Industrial) zones, and HI (Heavy Industrial Zones) the maximum
area shall be 2 square feet of sign surface area per linear foot of building width.
If any premises is entitled to use freestanding signs pursuant to Section 28-B-8
but chooses not to do so and signs an agreement waiving all rights to future
freestanding signs, then the maximum permitted building mounted signs surface
area may be increased by 25 percent. This bonus provision may only be applied
to attached buildings, shopping centers, and other multiple occupancy complexes
if there is no freestanding sign on the entire property, and an agreement is
executed whereby future freestanding sign rights would be waived on the entire
property.
Building attached signage in B-2, LI, and HI zones may only be placed upon the
front of a building facing the street upon which the area calculation is based.
B. Canopy, Marquee, Mansard, and Awning Mounted Signs. Building mounted
signs may be placed flat against a building or on canopies, marquees, or mansard
portions of roofs. Regardless of where such signs are located they shall be
counted toward the maximum building mounted sign surface area that may be
placed on the facade upon which such signs are located or project from. Such
signs shall be affixed flat to the surface of a canopy, marquee, or mansard or
project no more than three inches therefrom, and they shall not extend vertically
above a canopy, marquee, or mansard. Awning signs must be painted or printed
directly on the awning and they shall also count toward the maa�imum building
mounted sign surface area that may be placed on the facade upon which they are
located or project from.
C. Projecting Signs. Building attached signage may not project more than two feet
from the building wall upon which it is attached except for canopy, marquee, or
awning mounted signs.
D. Window Signs. Window signs shall not be permitted in Professional zones. In B-
1, B-2, LI, and HI zones, window signs may be permitted, but they may not
occupy more than 20 percent of the area of any window. In the Planned
Development Riverfront Zone (PDR) or National Register or locally designated
28-B-10
historic districts (Title 7, Chapter 4 of the Augusta, Georgia Code), no more than
two windows in any structure may be used for signs.
E. Illumination. Building mounted signs in P-1 zones shall be non-illuminated. In
B-1, B-2, LI, and HI zones, signs on the same side of a street or across a street
from a single-family residence which is within 100 feet of the proposed sign
location shall be non illuminated. Otherwise, signs in B-1, B-2, LI, and HI zones
may be illuminated.
F. Code Conformance. All signs for which a building permit is required shall be
conducted and maintained in conformance with City building and electrical codes.
All neon applications shall require a final inspection. All signage shall have a
disconnect switch located on the signage. All signs involving illumination or
other electrical devices or circuits shall display a label certifying it as meeting
standards of the Underwriters Laboratories. All signs shall be kept in good repair.
28-B-10 OFF-PREMISES SIGNS.
A. Location. Off-premises signs may be located only in B-2 (General Business), LI
(Light Industrial), or HI (Heavy Industrial) zones in accordance with other provisions
of this Section, except in areas and sites which would not be consistent with the
desired overall character of the City and the information needs of tourists, businesses,
and residents. Off-premises signs are prohibited within the following areas and sites:
� Washington Road from the Calhoun Expressway to River Ridge Road, 1000 feet
from the right-of-way line;
• Calhoun Expressway, 1000 feet from the right-of-way line;
• Gordon Highway from Bobby Jones Expressway to 1000 feet past Gate 1 at Fort
Gordon (at Dyess Parkway), 1000 feet from the right-of-way line;
• Doug Barnard Parkway from Gordon Highway to 1000 feet past Tobacco Road,
1000 feet from the right-of-way line;
• Bobby Jones Expressway from Doug Barnard Parkway to the Savannah River,
1000 feet from the right-of-way line;
• Jimmy Dyess Parkway, 1000 feet from the right-of-way line;
• Riverwatch Parkway, 1000 feet from the right-of-way line;
• Berckman Road from Rae's Creek to Washington Road, 500 feet from the right-
of-way line;
• Wheeler Road from Bransford Road to Columbia County, 1000 feet from the
right-of-way line;
• Jackson Road from Wrightsboro Road to Wheeler Road, 1000 feet from the right-
of-way line;
• Walton Way Extension from Wheeler Road to Pleasant Home Road, 1000 feet
from the right-of-way line;
• Davis Road from Pleasant Home Road to Columbia County, 1000 feet from the
right-of-way line;
• Pleasant Home Road from Washington Road to Walton Way Extension, 1000 feet
from the right-of-way line;
• Wrightsboro Road from Barton Chapel Road to Columbia County, 1000 feet from
the right-of-way line;
• Windsor Spring Road from old Louisville Road to Hephzibah City limits, 1000
feet from the right-of-way line;
• Tobacco Road, 1000 feet from the right-of-way line;
28-B-11
• All national register historic districts and all locally designated historic districts
under Title 7, Chapter 4 of the Augusta-Richmond County Code.
• The Planned Development Riverfront District (Sec. 25 - A)
• St. Sebastian Way from Walton Way to Reynolds Street, 500 feet from the right-
of-way line.
• Other areas and sites which may be designated by amendment to the text of this
Ordinance.
B. Separation from single-family residential zone boundaries or uses. Off-premises
signs shall not be located within 100 feet of any single-family residential zone
boundary or the property line of a parcel occupied by a single-family residence.
C. Setback. The setback requirements for off-premises signs shall be the same as the
setback requirements for principal structures.
D. Spacing between off-premise signs. There shall be no more than one (1) off-premises
outdoor advertising sign having more than thirty-two (32) square feet of surface area
for each seven hundred and fifty (750) feet of frontage on each side of any roadway.
Any off-premises outdoor advertising sign located within five hundred (500) feet of
the right-of-way line of the subject roadway shall be considered to be on the roadway,
regardless of whether the sign faces or is oriented toward the subject roadway or
toward another roadway, and regardless of whether or not there are intersecting
streets. No off-premises outdoor advertising sign shall be located less than three
hundred (300) feet from any other off-premises outdoor advertising sign in any
direction.
The Interstate Highway System shall be defined as any property that lies within six
hundred and sixty (660) feet of the nearest edge of the right-of-way of an Interstate
Highway. Off-premise outdoor advertising signs in this area must be permitted by
the Georgia Department of Transportation. For purposes of this Ordinance, any off-
premise outdoor advertising sign located in this area shall be considered to be a part
of the Interstate Highway System regardless of whether the sign faces the Interstate
Highway or is oriented toward the Interstate Highway or toward another roadway,
and regardless of whether or not there are intersecting streets.
No off-premises outdoor advertising sign shall be located on roadways designated as
part of the Interstate Highway System within five hundred (500) feet of an
interchange, intersection grade, or safety rest area. The foregoing 500 foot zone shall
be measured along the Interstate Highway from the point at which the pavement
commences or ceases to widen at exits from or entrances to the main traveled way.
E. Height. No off-premises outdoor advertising sign shall exceed a height of sixty (60)
feet from ground level measured from the elevation of the adjoining road grade or
from the base of the sign, whichever is higher.
F. Area. The maximum area of an off-premises outdoor advertising sign face shall be
three hundred (300) square feet on two lane roadways and six hundred seventy-two
(672) square feet on highways with more than two lanes, plus temporary
embellishments not exceeding twenty percent (20%) of the permanent sign area.
Only one (1) sign face facing traffic moving in one direction shall be permitted on an
off-premises sign.
28-B-12
G. Certain off-premises signs to be regulated as on-premises signs. Off-premises signs
smaller than 32 square feet shall be regulated as on-premises signs for the purpose of
this Section, and they shall be permitted only if they conform to the rules regulating
on-premises signs. Off-premises sign structures shall not be converted to on-premises
signs or vice versa without first securing the proper permits.
H. Code Conformance. Code Conformance. All signs for which a building permit is
required shall be constructed and maintained in conformance with City building and
electrical codes. Plans for all freestanding signs 30 feet or higher, or greater than 150
square feet, shall be certified as to conformance with all structural and wind-load
resistive standards of the Building Code by a structural engineer registered in the State
of Georgia, or be prepared using standard drawings prepared by a structural engineer
or other qualified professional meeting or exceeding all requirements of the Building
Code. Freestanding signage that does not require an engineer's seal must include
supporting foundation calculations. All freestanding signage requires a foundation
inspection. Neon exposed or attached to a structure requires a final inspection. All
signage must have a disconnect switch located at the signage. All signs involving
internal lights or other electrical devices or circuits shall display a label certifying
that all equipment or products are approved by one of the organizations currently
recognized by OSHA as "Nationally Recognized Testing laboratories (NRTL)'. All
signs, together with their supports, braces, guys and anchors, shall be kept in good
repair and, unless constructed of galvanized or non-corroding metal, shall be given a
protective coating as necessary to maintain a clean appearance and safe condition.
I. Site Plan Required. Every permit application for a proposed off-premises
outdoor advertising sign or for any repair or replacement of an existing off-
premises outdoor advertising sign shall be accompanied by a site plan
prepared by a registered surveyor. The site plan shall show the proposed
location for the subject sign, the distance of the proposed or existing off-
premises outdoor advertising sign to the nearest off-premises outdoor
advertising sign on the same side of the roadway, the distance to the nearest
off-premises outdoor advertising sign on the opposite side of the roadway, and
also the distance to any other structures on the property where the new sign is
to be located. In the event of repair or replacement, the distance to existing
structures on the property shall be shown. The site plan shall be prepared and
stamped by a registered land surveyor. The surveyor shall be required to enter
the correct map and parcel number and complete address for the property for
which the permit application is being submitted. The site plan shall be
approved by the Augusta Planning and Development Department. Once
approved, the site plan shall be in effect for two years except that an approved
plan may be rescinded at the request of the party who presented the plan for
approval. An approved plan cannot be renewed or extended beyond two
years. After a site plan has been approved, no other plans shall be considered
that would conflict with the subject plan until two years have expired, or the
approval has been properly rescinded.
28-B-13
28-B-11 NON-CONFORMING SIGNS. Nothing contained herein shall be construed to ratify or
approve the erection and/or maintenance of any sign which was erected in violation of
any prior Ordinance, and any sign so erected shall be subject to removal as provided in
this Subsection. Signs that were in existence and were constructed in compliance with
the terms of any prior Ordinance but do not conform to the provisions of this Section are
hereby designated as legal nonconforming signs. Signs which become legal
nonconforming uses as the result of this Section may continue under the general
standards for nonconformity in Section 5. They may be maintained and repaired but they
may not be enlarged, heightened, or illuminated (if not currently illuminated). All signs
defined herein as temporary signs, attention getting devices, or banners must either be
permitted as temporary signs or removed prior to January 1, 2001. Any existing sign
which qualifies for permitting as a temporary sign must be permitted and a decal attached
no later than January l, 2001. Non-conforming signs (permanent and temporary) not
permitted as prescribed above, shall become illegal signs and the Augusta Planning and
Development Deparhnent shall be authorized to issue citations and/or remove such non-
permitted signs per Section 28-B-13. All illegal and nonconforming signs shall be
removed from a tract or parcel before any additional signs may be permitted on the same
tract or parcel.
28-B-12 ABANDONED SIGNS_ Signs that conform to this Ordinance, or signs that are made
non-conforming as a result of this Ordinance which subsequently become abandoned
signs shall upon abandonment be covered with a weather resistant opaque material which
blocks the total sign surface area (off-premises signs are exempted). 90 Days after the
abandonment of a legal non-conforming sign the permit for such sign shall automatically
expire and all exposed parts of said sign shall be removed. The foregoing shall apply to
all signs including off-premises signs.
28-B-13 ENFORCEMENT AND PENALTIES. Enforcement of this Section shall be the
responsibility of the Augusta Planning and Development Department. An enterprise fund
consisting of revenue from the sale of sign permits shall be utilized to pay all of the costs
of enforcement of the Regulations included in this Section. Fees shall be sufficient to, at
a minimum, offset such costs.
The Augusta Planning and Development Department shall make routine inspection of all
signs, and he shall Also respond to issues raised by the public and other departments.
Upon ascertaining a violation of the provisions of this Chapter, the Augusta Planning and
Development Deparhnent shall cause to be served upon the offender, or to his agent, or
upon the owner or his agent, or the occupant(s) of the premises a written notice to abate
which shall:
A. Describe the condition(s) constituting a violation,
B. Demand that the violation be corrected or that the offending sign be removed,
C. State that an inspection will be made no less than 10 days nor more than 30 days
after the notice is issued and at such time, if the conditions which constitute the
violation have not been abated, then a citation will be issued.
If, after the notice has been given and upon an inspection the offending sign has not been
removed, then the Augusta Planning and Development Department shall issue a citation,
and if the offending sign is a temporary sign or banner then the License and Inspection
Department shall remove such sign. If the offending sign is not a temporary sign, then
28-B-14
the offending sign may be removed, or the offending condition may be corrected by the
City at the expense of the offender and/or the owner and/or the occupant of the premises
under direction of the Augusta Planning and Development Deparhnent. The City shall
have a lien on the property upon which said sign is located to secure the amount
expended for the abatement and all unpaid permit fees and delinquent charges due to such
sign. Citations shall be forwarded to Magistrate Court for placement on the earliest
possible docket.
Any person who violates any provision of this Chapter or any person refusing to comply
with any notice to abate or other notices issued by the Augusta Planning and
Development Deparhnent within the time allowed by such notice upon conviction shall
be guilty of misdemeanor. Each day is a separate violation. Each violation of this
Chapter shall be deemed a separate offense and punishable by a fine not exceeding one
thousand dollars ($1,000) or by imprisonment not exceeding sixty (60) days, either or
both in the discretion of the judge having jurisdiction.
AMENDED — Section 28-B-10 (A) November 2010
Section 28-B-8-(K) May 2011
28-B-15
SECTION 28 C
ADULT ENTERTAINMENT
28-C-1 REFERENCE TO THE CITY CODE. This section relates to the Title 6 Chapter 1 of
the Augusta, Georgia Code entitled "Adult Entertainment." This Code Section is
included in part in the Zoning Ordinance as it relates to locations, or zoning districts and
therefore to the extent that it relates to such plans, policies and zoning procedures must be
followed.
28-C-2 DEFINITIONS. The following terms used in this Section defining adult entertainment
establishments shall have the meanings indicated below:
(a) Adult bookstore. An establishment having a substantial or significant
portion of its stock in trade, magazines or other periodicals which are
distinguished or characterized by their emphasis on matter depicting, describing
or relating to specified sexual activities or specified anatomical areas or an
establishment with a segment or section comprising five (5) percent or more of its
total floor space, devoted to the sale or display of such materials or five (5)
percent or more of its net sales consisting of printed materials which are for sale
or rent, which are distinguished or characterized by their emphasis on matter
depicting, describing or relating to specified sexual activities or specified
anatomical areas.
(b) Adult dancing establishment. A business that features dancers displaying or
exposing specified anatomical areas.
(c) Adult motion picture theater. An enclosed building with a capacity of fifty
(50) or more persons used for presenting material distinguished or characterized
by an emphasis on matter depicting, describing, or relating to specified sexual
activities or specified anatomical areas for observation by patrons therein.
(d) Adult mini-motion picture theater. An enclosed building with a capacity of
less than fifty (50) persons used for commercially presenting material
distinguished or characterized by an emphasis on matter depicting or relating to
specified sexual activities or specified anatomical areas for observation by patrons
therein.
(e) Adult motion picture arcade. Any place to which the public is permitted or
invited wherein coins or slug operated or electronically, electrically or
mechanically controlled still or motion picture machines, projectors or other
image-producing devices are maintained to show images to five (5) or fewer
persons per machine at any one time and where the images so displayed are
distinguished or characterized by an emphasis on depicting or describing specified
sexual activities or specified anatomical areas.
( fl Adult video store. An establishment having a substantial or significant portion
of its stock in trade, video tapes or movies or other reproductions, whether for sale
or rent, which are distinguished or characterized by their emphasis on matter
28-C - 1 �
depicting, describing or relating to specified sexual activities or specified
anatomical areas or an establishment with a segment or section, comprising five
(5) percent of its total floor space, devoted to the sale of display of such material
or which derives more than five (5) percent of its net sales from videos which are
characterized or distinguished by their emphasis on matter depicting, describing
or relating to specified sexual activities or specified anatomical areas.
(g) Erotic dance establishment. A nightclub, theater or other establishment
which features live performances by topless and/or bottomless dancers, go-go
dancers, strippers or similar entertainers, where such performances are
distinguished or characterized by an emphasis or specified sexual activities or
specified anatomical areas.
(h) Escort bureau; introduction services. Any business, agency or persons who,
for a fee, commission, hire, reward, or profit, furnish or offer to furnish names of
persons, or who introduce, furnish or arrange for persons who may accompany
other persons to or about social affairs, entertainments or places of amusement, or
who may consort with others about any place of public resort or within any
private quarters.
(i) Good moral character. A person is of good moral character according to this
chapter if that person has not been convicted of a felony involving serious sexual
misconduct, or a crime not a felony if it involves serious sexual misconduct, in the
past five (5) years. Conviction shall include pleas of nolo contendere or bond
forfeiture when charged with such crime.
(j) Reserved.
(k) Reserved.
(l) Minor. For the purposes of this Chapter, any person who has not attained the
age of eighteen (18) years.
(m) Permitted premises. The business location for which a permit and a Business
Tax Certificate has been issued to operate an adult entertainment establishment.
(n) Specified sexual activities. Shall include any of the following:
(1) Actual or simulated sexual intercourse, oral copulation, anal
intercourse, oral anal copulation, bestiality, direct physical stimulation of
unclothed genitals, flagellation or torture in the context of a sexual relationship, or
the use of excretory functions in the context of a sexual relationship in any of the
following sexually oriented acts or conduct: anilingus, buggery, coprophagy,
coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism,
sapphism, zooerasty; or
(2) Clearly depicted human genitals in a state of sexual stimulation,
arousal or turmescence; or
28-C - 2
(3) Use of human or animal ejaculation, sodomy, oral copulation, coitus
or masturbation; or
(4) Fondling or touching of nude human genitals, pubic region, buttocks
or female breast; or
(5) Masochism, erotic or sexually oriented torture, beating of the
infliction of pain; or
(6) Erotic or lewd touching, fondling or other sexual contact with an animal by
human being; or
(7) Human excretion, urination, menstruation, vaginal or anal irrigation. (o)
Specified anatomical areas. Shall include any of the following:
(1) Less than completely and opaquely covered human genitals or pubic region;
buttock; or female breast below a point immediately above the top of the areola; or
(2) Human male genitalia in a discernibly turgid state, even if completely and
opaquely covered.
28-C-3 LOCATION.
No adult entertainment establishments shall be located in any zone other than one designated as
"LI" Light Industrial or "HI" Heavy Industrial under the Comprehensive Zoning Ordinance for
Richmond County, as incorporated in the Augusta-Richmond County Code, Title 8, Chapter 5.
In addition, no adult entertainment establishment or use restricted hereunder shall be located;
(a) within 1,000 feet of:
(1) A church or place of religious worship;
(2) A public or private elementary or secondary school;
(3) A child care facility;
(4) A boundary of a residential district as defined in the Comprehensive Zoning
Ordinance.
(5) A public park;
(6) A cemetery;
(7) The property line of a lot devoted to a residential use as defined in the
Comprehensive Zoning Ordinance;
(8) Another sexually oriented business which does not have a common entrance
with an already licensed or exempted sexually oriented business; or
28-C - 3
(9) A governmental building or site, which shall be defined as all public
buildings, parks, and recreational areas owned, operated or occupied by Augusta.
(10) Another sexually oriented business.
(11) Within the parameters of an area designated as an Augusta gateway/corridor
in the Corridor/Gateway Action Plan (2000), as presently existing or hereafter modified,
adopted by the Augusta Commission and on file in the office of the Clerk of the
Commission. Gateways and Comdors are defined as follows:
a. Gordon Highway/Doug Barnard Parkway Gateway - All property located
within 1000 feet of the intersection of the centerlines of these roadways;
b. I-20/Riverwatch Parkway Gateway - All property located within 2000 feet
of the intersection of the centerlines of these roadways; and
c. Peach Orchard Road/Gordon Highway Corridor - All property located
within 1000 feet of the centerline of the following roadways: Peach
Orchard Road from Tobacco Road to Gordon Highway, and Gordon
Highway from Peach Orchard Road to Walton Way.
(b) A person commits an offense if he causes or permits the operation, establishment or
maintenance of more than one sexually oriented business in the same building, structure, or its
portion, or the increase of floor area of any sexually oriented business in any building, structure,
or its portion, containing another sexually oriented business.
(c) For the purposes of subsection (a)(1) through (9) of this section, measurement shall
be made in a straight line, without regard to intervening structures or objects, from the nearest
portion of the building or structure used as a part of the premises where a sexually oriented
business is conducted, to the nearest property line of the premises of a church or place of
religious worship, or public or private elementary or secondary school, or to the nearest
boundary of an affected public park, a cemetery, residential district or residential lot.
(d) For purposes of subsection (c) (10) of this section, the distance between any two
sexually oriented businesses shall be measured in a straight line, without regard to intervening
structures or objects, from the closest exterior wall of the structure in which each business is
located.
(e) Any sexually oriented business lawfully operating as of January 1, 1996 that is in
violation of subsections (a), (b) or (c) of this section shall be deemed a nonconforming use. Such
use will be permitted to continue for a period not to exceed one year unless sooner terminated for
any such reason or voluntarily discontinued for a period of 30 days or more. Such
nonconforming uses shall not be increased, enlarged, extended or altered except that the use may
be changed to a conforming use. If two or more sexually oriented businesses are within 1,000
feet of one another and otherwise in a permissible location, the sexually oriented business which
was first established and continually operating at a particular location is the conforming use and
the later established business is nonconforming.
( fl A sexually oriented business lawfully operating as a conforming use is not rendered a
nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented
28-C - 4
business license, of a church or place of religious worship, public or private elementary or
secondary school, governmental building or site, cemetery, residential district or residential lot
within 1,000 feet of the sexually oriented business. This subsection applies only to the renewal
of a valid license, and does not apply when an application for a license is submitted after a
license has expired or has been revoked.
28-C - 5
SECTION 28 D
CONSERVATION SUBDIVISIONS
28-1 As Permitted Uses - Conservation subdivisions shall be permitted uses by right in the
Agricultural (A) Zone and in the following single-family residential zones: R-1, R-lA,
R-1B, and R-1C if no lot is less than 60% of the minimum lot size permitted in the
Zoning Classification, subject to the requirements of this Chapter.
28-2 As Special Exceptions - Conservation subdivisions where one or more lots are 60% or
less of the minimum lot size permitted in the Zoning Classification may be approved by
Special Exception in the A, and R-1, R-1 A, R-1 B and R-1 C Zones. Procedures for
approving conservation subdivisions as Special Exceptions shall be as established in
Section 26. Approval shall be granted on the basis of a specific plan and its consistency
with the Comprehensive Plan, planning principles, and the general development pattern
in the area.
28-3 The Planning Commission may grant variances from the requirements found at 28-4
through 28-12 if they are consistent with the Comprehensive Plan, planning principles,
and the general development pattern in the area.
28-4 Tract Size - The minimum size tract which can be developed as a conservation
subdivision shall be 20 acres.
28-5 Greenspace Requirements - A minimum of 40% of the overall acreage of the tract shall
be permanently protected as greenspace. If property that could be developed under the
present federal, state, and local statutes, rules, and regulations in the opinion of the
Augusta Planning and Development Department makes up more than 50% of the
proposed greenspace, then the minimum greenspace requirement is reduced to 30% of the
overall acreage of the tract. This greenspace may be dedicated to the Federal, State, or
local government for permanent protection as greenspace if a unit of government chooses
to accept such donation. It may alternatively be dedicated to a homeowners association
or to another entity (such as a land trust) for permanent protection subject to prior
approval of a geenspace management plan by the City of Augusta. A greenspace
management plan shall provide for the use, ownership, maintenance, and permanent
protection of greenspace areas, and the allocation of responsibilities for maintenance and
operation of greenspace and any facilities located thereon, including financial provisions
for stewardship, maintenance, repairs and operation, and long term capital improvements.
28-6 Use of Greenspace Areas - Greenspace may be landscaped and or left with a natural
vegetative cover in which no roadways, parking areas, or improvements other than the
following may be located:
❑ Recreational facilities specifically permitted by the Planning Commission.
❑ Undergound utilities.
❑ Gazebo's, wildlife observation facilities, boat docks, and similar facilities.
❑ Landscaped stormwater detention areas.
❑ Landscaped easement for drainage access, and sewer or water lines.
28-D - 1
❑ Other uses found to be compatible with the intent of this section by the Planning
Commission.
28-7 Buffers - Where a conservation subdivision is contiguous to an single-family residential
zone or single-family residential use that is not part of a conservation subdivision, a
buffer strip with a minimum width of 30 feet shall be provided. If a lot in the
conservation subdivision adjacent to the contiguous single-family residential zone or area
is 80 percent or more of the minimum lot size required in the adjacent zone or area the
buffer need not be provided adjacent to such lot. This buffer strip shall be part of the
required greenspace and provided for in the greenspace management plan, and it shall
conform to the standard for protection in Subsection 8-4-11 (e)(9) of the Augusta-
Richmond County Tree Ordinance.
28-8 Lots - The portion of a conservation subdivision that is not devoted to greenspace shall be
developed as lots and the related streets, utilities, retention facilities, etc. There shall be
no minimum lot size, but housing must be detached and the total number of lots shall not
exceed the number of lots that would be permitted by the base zoning classification in the
opinion of the Planning Commission.
28-9 Setbacks
A) Front setbacks shall be as provided for in the R-1 zone, except that variances for
lesser setbacks may be granted by the Planning Commission on an overall project
basis depending on the nature of the proposal, the surrounding development
pattern, the relationship to the Comprehensive Plan, site conditions, and general
planning principles.
B) Side Setbacks - the minimum side setback shall be five feet except that greater
setbacks may be required to conform to fire codes.
C) Rear Setbacks - the minimum rear setback is 25 feet, unless a lot is situated in
such a way that the rear lot line is adjacent to a greenspace area, in which case the
minimum rear setback is ten (10) feet.
D) The setback for community recreational facilities shall be set by the Planning
Commission on a case by case basis, but the minimum setback from any exterior
property line shall be 30 feet.
28-10 Lot Coverage - The maximum lot coverage, including main buildings and other
incidental structures shall be 50% per lot.
28-11 Building Height - shall be as provided for in Subsection 8-6 of this Ordinance.
28-12 Home Occupations - may be permitted pursuant to the provisions of Section 8-3 of this
Ordinance.
28-13 Accessory Buildings - shall be permitted pursuant to the provisions to Section 8-4 of this
Ordinance.
28-14 TV Satellite Dishes - shall be permitted as accessory uses subject to the provisions of
Section 8-5.1 of this Ordinance.
28-D - 2
SECTION 29
EXCEPTIONS AND MODIFICATIONS
29-1 Public utilities and public services: The provisions of this Ordinance shall not be construed so
as to limit or interfere with the construction, installation, operation and maintenance for public
utility purposes, of water and gas pipes, mains and conduits, electric light and electric power
transmission and distribution lines, telephone and telegraph lines, oil pipe lines or sewer mains,
nor with incidental appurtenances such as relay boxes, etc.
29-2 Height:
(a) DELETED.
(b) Through lots one hundred fifty (150) feet or less in depth: The height of a building may
be measured on such lots from the adjoining curb level on either street.
(c) Through lots more than one hundred fifty (150) feet in depth: The height regulations and
the basis of height measurements on such lots for the street permitting the greater height
shall apply to a depth of not more than one hundred fifty (150) feet from the street.
(d) Structures permitted above height limit: Penthouse or roof structures for the housing of
elevators, stairways, tanks, ventilating fans or similar equipment required to operate and
maintain the building, fire or parapet walls, skylights, towers, steeples, roof signs,
flagpoles, chimneys, smokestacks, wireless masts, water tanks, silos, gas containers, or
similar structures may be erected above the height limits herein prescribed subject to
other provisions of this Ordinance, but no penthouse nor roof structure or any space
above the height limit shall be allowed for the purpose of providing additional enclosed
space for residential, commercial, or industrial use.
29-3 Setbacks:
(a) Yard regulations modified: Where the yard regulations cannot reasonably be complied
with, or their application determined, on lots of peculiar shape, location, or topography,
such regulations may be modified as determined by the Augusta, Georgia Board of
Zoning Appeals.
(b) DELETED.
(c) When a lot adjoins only one lot having a main building (within twenty-five (25) feet of its
side lot line) which projects beyond the established front setback line and has been so
maintained since March 25, 1963, the front setback requirement on such lot may be the
average of the front yard of the existing building and the required front setback, provided,
however, the front yard of such lot shall not be less than ten (10) feet.
(d) DELETED.
(e) For the purpose of side yard regulations, semidetached and row dwellings with common
walls will be considered as one building occupying one lot.
( fl Front and side yards waived: The front and side yards may be waived for dwellings,
hotels, and lodging or apartment houses erected above the ground floor of a building
when said ground floor is designed and used exclusively for commercial purposes.
29 - 1
29-4 Projections into yards:
(a) Porte-cocheres, carports: Such structures may be permitted over a driveway in a side
yard, provided such structure is not more than one story in height and thirty (30) feet in
length (including storage space), and is entirely open on at least two (2) sides except for
the necessary supporting columns, provided, however, said structure does not extend
within five (5) feet of the side lot line.
(b) Eave or canopy: An eave, canopy, or other similar architectural feature may extend into
any required yard not more than three (3) feet.
(c) Open stairway and balcony: An open, unenclosed stairway or balcony, not covered by a
roof or a canopy, may extend into a required front yard not more than three (3) feet.
(d) Open porch: An open unenclosed porch, platform, or deck not covered by a roof or
canopy, which does not extend above the level of the first floor of the building, may
extend or project into any required yard not more than four (4) feet.
29-5 Minimum lot reduction for underground utilities:
The minimum required lot area within an R-1 zoned subdivision may be reduced two percent
(2%) when the subdivision is developed with all utilities underground. When such reduction
occurs, a utility easement of one and one-half (1-1/2) feet shall be provided along the front
property line.
Amended June 2006, Section 29-4(b)
29-2
SECTION 30
BUILDING PERMITS AND SITE PLANS
30-1 Building Permit: Before a permit is issued for the erection, moving, alteration, enlargement, or
occupancy of any building or structure or use of premises, the plans and intended use shall
indicate conformity in all aspects to the provisions of this Ordinance.
30-2 Site Plan: A building permit under the provisions of the building code of Augusta, Georgia for
the purpose of constructing or expanding a structure that is not a single-family house or related
thereto shall only be issued upon the presentation of a site plan that has been approved by the
staff of the Augusta Planning and Development Department. Such site plan shall be drawn to
scale, showing accurately the dimensions and location of the following: property lines,
easements, utilities, structures, signs, off-street parking, driveways, retention facilities and any
other information that may be necessary to the administration and/or enforcement of this
Ordinance. Such site plan shall be submitted by the Staff to all departments of Augusta and
other entities that are deemed appropriate and they shall review and approve said site plan before
it is approved by the Staff of the Augusta Planning and Development Department.
30-3 Interpretation of Ordinance: In interpreting and applying the provisions of this Ordinance, they
shall be held to the minimum requirements for the promotion of health, safety, welfare, morals,
and convenience of the general public. The lot or yard areas required by this Ordinance for a
particular building shall not be diminished and shall not be included as part of the required lot or
yard areas of any other building.
30 - 1
SECTION 31
CERTIFICATE OF OCCUPANCY
31-1 A Certificate of Occupancy shall be required for any of the following:
(a) Occupancy and use of a building hereafter erected or enlarged.
(b) Change in use of an existing building to a different use.
(c) Occupancy and use of vacant land except for the raising of crops.
(d) Any change in nonconforming use.
(e) After submitting plans and specifications to the Building Inspector and upon issuance of
a building permit, the builders will have complied with this Ordinance for all purposes,
provided said building is constructed in accordance with said plans and specifications.
( fl No such occupancy, use or change of use shall take place until a Certificate of Occupancy
has been issued by the Augusta Planning and Development Department.
31-1
SECTION 32
ENFORCEMENT AND PENALTIES
32-1 It shall be the duty of the Chief Building Official to enforce the provisions of this Ordinance in
the manner and form and with the powers provided in the laws of the State and Ordinances of the
Augusta Commission.
32-2 All commissions, boards, deparhnents, officials, and employees of Augusta which are vested with
the duty or authority to issue permits or licenses shall conform to the provisions of this Ordinance
and shall issue no permit or license for any use, building, or purpose if the same would be in
conflict with the provisions of this Ordinance. Any permit or license issued in conflict with the
provisions of this Ordinance shall be null and void.
32-3 The erection, construction, alteration, addition, conversion, moving or maintenance of any
building or structure and the use of any land or building which is continued, operated, or
maintained, contrary to any provisions of this Ordinance is hereby declared to be a violation of
this Ordinance and unlawful. The Attorney of the Augusta Commission shall immediately, upon
any such violation having been called to his attention, institute injunction, abatement, or any other
appropriate action to prevent, enjoin, abate, or remove violation. Such action may also be
instituted by any property owner who may be damaged by any violation of this Ordinance. The
remedy provided for herein shall be cumulative and not exclusive, and shall be in addition to any
other remedies provided by law.
32-4 Any person or corporation whether as principal, agent, employee, or otherwise who violates any
provision of this Ordinance shall be guilty of an offense and upon conviction shall be punished by
a fine in an amount not to exceed five hundred dollars ($500) and/or imprisonment for a period
not to exceed sixty (60) days. Cases shall be tried in Magistrate's Court.
32 - 1
SECTION 33
BOARD OF ZONING APPEALS
33-1 Authorization: Established by virtue of the Home Rule Provision of the Constitution of the
State of Georgia of 1983 and codified by an Ordinance of the Augusta Commission dated March
18, 1997. The Board of Zoning Appeals for the Augusta Commission shall be hereinafter
referred to as the "Appeals Board".
33-2 Membership: The Appeals Board shall consist of ten (10) members each of whom shall reside
in one of the ten districts of Augusta.
33-3 General Provisions: The Board of Zoning Appeals shall elect one (1) of its members as
Chairman, who shall serve a one (1) year term or until a successor is elected. The Chairman may
succeed himself.
(a) The Chairman shall have the power to vote on matters before the Appeals Board only when his
vote will change the result.
(b) The Appeals Board shall appoint a secretary who may be an official or employee of either
Augusta Commission or of the Augusta Planning and Development Department.
(c) Meetings of the Appeals Board shall be held at the call of the Chairman and at such other times
as the Appeals Board may determine.
(d) The Chairman, or in his absence the acting chairman, may administer oaths and compel the
attendance of witnesses by subpoena.
(e) The Appeals Board shall keep minutes of its proceedings, showing the vote of each member
upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of
its examinations filed in the office of the secretary of the Appeals Board and shall be a public
record.
(� The Board shall adopt rules in accordance with the provisions of this section of this Ordinance.
33-4 Procedure: Appeals to the Board of Zoning Appeals may be taken by any person aggrieved, or
by any official, department head, board, or bureau of the Augusta Commission, affected by any
decision of an administrative officer. Such appeal shall be taken within a reasonable time, as
provided by the rules of the Appeals Board, by filing with the Secretary of the Appeals Board a
notice of appeal specifying the grounds thereof.
(a) Action of Augusta Commission:
(1) Upon notice by the Secretary of a filing of appeal, the official from whom the
appeal is taken shall forthwith transmit to the Appeals Board all papers
constituting a record upon which the action appealed was taken.
(2) An appeal stays all legal proceedings in furtherance of action appealed from,
unless the official from whom the appeal is taken certifies to the Appeals Board,
after notice of appeal shall have been filed with him, that by reason of facts stated
in the certificate, a stay would, in his opinion, cause imminent peril to life and
property. In such a case, proceedings shall not be stayed other than by a
restraining order which may be granted by the Appeals Board or by a court of
record on application, on notice to the officer from whom the appeal is taken, and
on due cause shown.
(b) Action of Appeals Board: Upon receipt of notice of appeal in a form prescribed by the
Appeals Board, the Board of Zoning Appeals shall:
(1) Fix a reasonable time for the hearing of the appeal or other matter referred to it.
33-1
(2) Publish once in a newspaper of general circulation in Augusta a"Notice of Public
Hearing" on the appeal. Such notice shall be published at least fifteen (15) days
prior to the date of the hearing and shall indicate the time and place of the hearing
and the nature of the appeal to be considered by the Appeals Board.
(3) Send postal cards or letters to the property owners of record whose property lies
within a 300-foot radius of the property subject to the appeal, giving notice of the
time, place, and nature of the appeaL
(4) Upon the Hearing, any party may appear in person, by agent, or attorney.
33-5 Powers of Appeals Board:
(a) To hear and decide appeals where it is alleged that there is error in any order,
requirement, decision, or determination made by an administrative official in the
enforcement of the Zoning Ordinance adopted by the Augusta Commission pursuant to
this Ordinance.
(b) To hear and decide requests to place manufactured homes as second living units on
properties for no longer than one (1) year, on the basis of hardship.
(c) To authorize upon appeal in specific cases such variance from the terms of the Zoning
Ordinance as will not be contrary to the public interest, where owing to special
conditions, literal enforcement of the provisions of the Zoning Ordinance will, in an
individual case, result in an unnecessary hardship, so that the spirit of the Zoning
Ordinance shall be preserved, public safety and welfare secured, and substantial justice
done. Such variance may be ganted in such individual cases of unnecessary hardship
upon finding by the Appeals Board that:
(1) There are extraordinary and exceptional conditions pertaining to the particular
piece of property in question because of its size, shape, or topography; and
(2) The application of the Zoning Ordinance to this particular piece of property would
create an unnecessary hardship; and
(3) Such conditions are peculiar to the particular piece of property involved; and
(4) Relief, if granted, would not cause substantial detriment to the public good or
impair the purpose and intent of the Zoning Ordinance; provided, however, that
no variance may be granted for a use of land or building or structure which is
prohibited by the Zoning Ordinance.
(d) To authorize the operation of certain businesses as home occupations pursuant to
regulations promulgated by the Augusta Commission.
(e) In exercising the above powers, the Appeals Board may, in conformity with the
provisions of this section, reverse or affirm wholly or partly, or may modify the order,
requirement, decision, or determination; and to that end, shall have all of the powers of
the officer from whom the appeal is taken and may issue or direct issuance of a permit.
When a variance is granted that would require the issuance of a building permit, an
individual granted a variance by the Appeals Board has a period of one year from the date
of approval to obtain a building permit. Anyone that fails to obtain a building permit
within the one year period forfeits the variance right previously granted.
( fl An appeal that is denied by the Appeals Board cannot be reheard for a period of one year
unless the Appeals Board unanimously grants this privilege.
33 - 2
33-6 Appeal from decision of Appeals Board: Any person or person severally or jointly aggrieved
by any decision of the Appeals Board or with any official charged with the enforcement of any
order, requirement, or decision of said Board may appeal said decision to the Superior Court of
Richmond County, Georgia. The procedure for said appeal shall be the same as an appeal to the
Superior Court from any decision made by the Probate Court as provided by the laws of Georgia,
except that said appeal shall be filed within thirty (30) days from the date of the decision of the
Appeals Board or any official charged with the enforcement of any order, requirement, or
decision in connection therewith; and upon failure to file said appeal within thirty (30) days, the
decision of the Appeals Board shall be final.
33-3
SECTION 34
ZONING MAPS
34-1 CONTENT. The official zoning maps of Augusta shall be a layer of the Geographic Information
System which shall contain the boundaries of the various zoning districts of the City. The
Official Zoning Maps as defined herein are hereby duly incorporated as an indispensable part of
the Comprehensive Zoning Ordinance.
34-2 RELATIONSHIP TO PREVIOUS MAPPING. The zoning classifications established by the
adoption of the Comprehensive Zoning Ordinance on March 25, 1963, reconfirmed on November
15, 1983, and thereafter duly amended prior to the effective date of this amendment will be the
zoning classification represented on the Official Maps as identified by this Amendment at its
adoption. The zoning classification of properties in Augusta and the regulation of the uses of
those properties shall not in any way be changed by this amendment.
34-3 LOCATION AND METHOD OF DISPLAY. The official zoning maps shall be available for
inspection by the public at the office of the Augusta Planning and Development Department and
at other locations at the discretion of the Planning Commission and they may be displayed either
electronically or in a paper format.
34-4 PUBLIC INSPECTION PRIOR TO ADOPTION. The Official Zoning Maps were available
for inspection by the public prior to adoption during the period of notice prescribed in O.C.G.A.
36-66, during the public hearing required by O.C.G.A. 36-66, and during the meetings of the
Augusta, Georgia Commission at which time their incorporation into the Zoning Ordinance was
considered.
34-5 RESPONSIBILITY. The safekeeping and maintenance of the Official zoning Maps shall be the
responsibility of the Executive Director of the Augusta Planning and Development Department.
34 - 1
SECTION 35
AMENDMENTS TO THIS ORDINANCE
35-1 Review of Proposed Amendments: This Ordinance, including the map or maps, may be
amended from time to time, but no amendment shall become effective unless it shall have
been proposed by, or first submitted to the Planning Commission for review and
recommendation.
35-2 Procedures for Public Hearing:
(a) The Planning Commission shall conduct, on behalf of the Augusta Commission,
all public hearings on proposed amendments to this Ordinance and maps.
(b) At least 15 but not more than 45 days prior to the date of the hearing, the Planning
Commission shall cause to be published within a newspaper of general circulation
within the territorial boundaries of the local government a notice of the hearing.
The notice shall state the time, place, and purpose of the hearing. If a zoning
decision of a local government is for the rezoning of property and the rezoning is
initiated by a party other than the local government then:
(1) The notice shall include the location of the property, the present zoning
classification of the property, and the proposed zoned classification of the
property; and
(2) A sign indicating the present zoning classification and the proposed
zoning classification shall be placed in a conspicuous location on the
property not less than 15 days prior to the date of the hearing.
(c) The Recommendations of the Planning Commission shall be submitted to the
governing body having jurisdiction within thirty (30) days. If the Planning
Commission fails to submit a report within the thirty-day period, it shall have
deemed to approve the proposed amendment.
35-3 Application for Amendment: Each application to amend this Ordinance, including the
map or maps, shall be filed with the Augusta Planning and Development Department and
shall be in compliance with the following:
(a) A conference with the Staff of the Augusta Planning and Development
Department shall be held prior to submission of the application.
(b) A statement from the owner of the property submitting the petition, or a statement
from the owner of the property designating his representative in the petition, shall
be furnished with the petition on a form supplied by the Augusta Planning and
Development Department.
(c) A properly prepared plat of the property showing distances and bearings of the
boundaries and a tie to a known point shall be included with the petition. This
can be waived by the Staff when the proposed rezoning involves complete
parcel(s) under the Tax Assessors PIN scheme.
(d) A letter from the owner or his authorized representative requesting the
amendment, including a statement regarding the proposed use, address and
35 - 1
telephone number for correspondence, and any other information required
elsewhere in this Ordinance, shall be included with the petition.
(e) A fee which has been calculated by the City of Augusta as representative of the
cost of processing an advertisement of the proposed amendment shall be paid at
the time of application.
35-4 Staff Evaluation: The Staff, upon receipt of an application for an amendment to this
Ordinance shall:
(a) Consult with other departments of the Augusta, Georgia to fully evaluate the
impact of any zoning change upon public facilities and services including, but not
limited to, drainage, traffic and related facilities:
(b) Conduct a site review of the property and the surrounding area.
(c) Study each application with reference to the balancing test established in Guhl v
Holcomb Brid�e Road Corporation and its compliance with the Comprehensive
Plan.
(d) Report its findings and recommendation to the Planning Commission, which
report shall be a matter of public record.
(e) The Staff of the Augusta Planning and Development Department report may
recommend the applicant's request be reduced in land area and /or recommend
conditions of rezoning which may be deemed advisable so that the purpose of this
Ordinance will be served.
35-5 Planning Commission Action: The Planning Commission shall review and make a
recommendation of approval, denial, deferral, withdrawal without prejudice, or no
recommendation on each application for which a public hearing is held in accordance
with an Ordinance of the City Council of Augusta, Georgia and the Board of
Commissioners of Richmond County, enacted April 1, 1983 and codified after
consolidation of the governments as Article 8, Chapter 5 of the Augusta Code. The staff
recommendations on applications shall be submitted to the Planning Commission prior to
the public hearing. A report of the Planning Commission's decision shall be submitted to
the Augusta Commission. The action of the Planning Commission may recommend a
reduction of the land area for which the request is made and/or recommend conditions of
rezoning which may be deemed advisable so that the purpose of this Ordinance will be
served.
35-6 Governing Body Action: The Augusta Commission shall, at a regular meeting, approve,
deny or defer action on such application. The action of the Augusta Commission may
recommend a reduction of the land area for which the application is made and/or
recommend conditions of rezoning which may be deemed advisable so that the purpose
of this Ordinance will be served. When such conditions are added to approval of an
application, the Augusta Commission shall require that a Zoning Restriction Agreement
be recorded with the Clerk of the Superior Court of Augusta Georgia. The cost of
recording such agreement shall be borne by the applicant.
35-7 Reversionary Clause: The Planning Commission may submit information to the Augusta
Commission having jurisdiction relative to property which has been rezoned for a period
of eighteen (18) months from the date of approval, and for which no site plan or
subdivision development plan approval or building permit has been obtained. The
35-2
Augusta Commission may then review such information and, if considered appropriate,
initiate reversionary zoning procedures. Such reversionary actions shall proceed in
accordance with the amendment provisions of this Ordinance.
35-8 If the zoning decision of a local government is for the rezoning of property and the
amendment to the Zoning Ordinance to accomplish the rezoning is defeated by the local
government, then the same property may not again be considered for rezoning until the
expiration of at least six (6) months immediately following the defeat of the rezoning by
the local government. A zoning application for the rezoning of the same property to the
same classification as the defeated amendment, may not again be considered until the
expiration of at least one (1) year immediately following the defeat of the original
application by the local government.
35-9 Land Adjacent to Fort Gordon Military Installation: Zoning proposals (including
changes of zoning and special exceptions) involving land locating with 3,000 feet of the
Fort Gordon Military Installation boundary shall be evaluated Pursuant to O.C.G.A. 36-
66.6. The Planning Commission, in conducting this evaluation shall request from the
Fort Gordon Commander a written recommendation and supporting facts, and if
provided, such information shall be considered and made part of the public record. The
Planning Commission shall investigate and make a recommendation regarding the
following:
(a) Whether the zoning proposal will permit a use that is suitable in view of the use of
adjacent or nearby property within 3,000 feet of a military base, military installation,
or military airport;
(b) Whether the zoning proposal will adversely affect the existing use or usability of
nearby property within 3,000 feet of a military base, military installation, or military
airport;
(c) Whether the property to be affected by the zoning proposal has a reasonable
economic use as currently zoned;
(d) Whether the zoning proposal will result in a use which will or could cause a safety
concern with respect to excessive or burdensome use of existing street, transportation
facilities, utilities, or schools due to the use of nearby property as a military base,
military installation, or military airport;
(e) Whether the zoning proposal is in conformity with the policy and intent of the land
use plan; and
(� Whether there are other existing or changing conditions affecting the use of the
nearby property as a military base, military installation, or military airport which give
supporting grounds for either approval or disapproval of the zoning proposal.
35-10 Halfway Houses and Drug Rehabilitation Centers: When a proposed zoning decision
relates to or will allow the location or relocation of a halfway house, drug rehabilitation
center, or other facility for treatment of drug dependency, a public hearing shall be held
on the proposed action. Such public hearing shall be held at least six (6) months and not
more than nine (9) months prior to the date of final action on the zoning decision. The
hearing required by this subsection shall be in addition to any hearing required under
subsection (a) of this Code section. The local government shall give notice of such
hearing by:
35-3
(a) Posting notice on the affected premises in the manner prescribed by subsection (b)
of this Code section; and
(b) Publishing in a newspaper of general circulation within the territorial boundaries of
the local government a notice of the hearing at least 15 days and not more than 45
days prior to the date of the hearing.
Both the posted notice and the published notice shall include a prominent statement that
the proposed zoning decision relates to or will allow the location or relocation of a
halfway house, drug rehabilitation center, or other facility for the treatment of drug
dependency. The published notice shall be at least six (6) column inches in size and shall
not be located in the classified advertising section of the newspaper.
35-11 Land adjacent to the Cities of Hephzibah and Blythe: When a rezoning or special
exception is initiated by a property owner or by Augusta, Georgia affecting property
located within 1,000 feet of either Hephzibah or Blythe, notice must be given to those
local municipalities. Such notice shall be in the form of a certified letter sent within five
(5) business days of the acceptance of an application to the appropriate municipality. The
notice shall contain all relevant data and request a determination as to whether the
proposed action would constitute an incompatible land use. If within ten (10) business
days after receipt of this notice the appropriate municipality notifies Augusta-Richmond
County by certified mail that the proposal could constitute an incompatible land use then
Augusta, Georgia and the municipality must begin a negotiation process described in an
agreement between Augusta, Georgia, Hephzibah, and Blythe dated June 30, 1998 known
as the "Agreement to Resolve Land Use Classification Disputes".
35-12 Land adjacent to the Augusta Canal: The Augusta Canal is a Regionally Important
Resource (RIR) as identified by the Georgia Department of Community Affairs pursuant
to the Georgia Planning Act of 1989. As such any request for a rezoning or special
exception affecting property located within the Augusta Canal National Heritage Area is
subject to a review process initiated through the Central Savannah River Area. (RDC).
Section amended in its entirety — 5-1-2007
35-4
SECTION 36
EFFECTIVE DATE
36-1 This Ordinance shall take effect on September 16, 1997.
35-5
SECTION 37
SEVERANCE CLAUSE
37-1 If any section, clause, provision, or portion of this Ordinance shall be ruled invalid or
unconstitutional by any Court or competent jurisdiction, such decision shall not affect any other
section, clause, provision, or portion of this Ordinance.
37 - 1
� _
All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
Duly adopted by the Augusta Commission this 6th day of
September � 201}:
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� MAYOR AUGUSTA COMMISSION
�� �'� AUGUSTA, GEORGIA
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ATTEST:
G�
L A BONN , CLERK
First Reading: August 16 , 2011
Second Reading: -