"Commercial Structure", when used in this ordinance, means any structure located on any lot or parcel of land in the Town of Tiger which is used or is intended to be used for any commercial activity, other than farming or farm product sales, for any time period.

 

"Mobile Home" or "Manufactured Home" means a structure transportable in one or more sections, which, in the traveling mode is eight (8) feet or more in width or forty (40) feet or more in length or, when erected on site, is 320 or more square feet of heated floor space and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air- conditioning, and electrical systems contained therein; except that such terms shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq. The term "Mobile Home" shall also include modular homes, manufactured homes (double wide houses with shingled roofs), house trailers, campers, and any other home delivered to the property with wheels affixed. In addition there shall not be any factory built homes or any structure not substantially built or assembled on the premises.

 

BUILDING USAGE:

 

No structure, Mobile Home or land shall hereinafter be used or occupied and no building, Mobile Home or part thereof shall be erected, moved, altered or used except in conformity with the terms of this ordinance herein specified for residential or commercial purposes until such structure, Mobile Home or location thereof shall comply in every detail with the rules and regulations set out by this ordinance. No Commercial Structure, Residential Structure or Mobile Home shall hereafter be used, occupied, erected, moved or altered unless the following condition:s shall have first bcen satisfied in their entirety:

 

a.                The lot size upon which a Commercial Structure, Residential Structure or Mobile Home shall be located shall have a minimum area of not less than fifteen thousand (15,000) square feet; and

 

b.               No Commercial Structure, Residential Structure or Mobile Home shall be located on a lot of property which is less than eighty (80) feet wide at its widest point parallel to any public road or public easement which shall define the front or forward part of the property; and

 

c.                No Commercial Structure, Residential Structure or Mobile Home shall be situated or placed upon any lot of property regardless of size or otherwise which would place any part of the structure including additions and enlargements thereto closer than ten (10) feet from the property line or the right of way of any street or public easement; and

 

d.                No Residential Structure or Mobile Home shall be constructed or placed upon a lot or property which does not provide for at least two parking spaces for normal size automobiles of a size normally defined as mid-size automobiles which will allow for parking clear of and removed from the property line of another or any right of way of any public street or easement; and

 

e.                No Commercial Structure shall be constructed or placed upon a lot or property which does not provide a sufficient parking area, as determined by the Town Council after considering the type of business to be conducted thereon, which shall be clear of and removed from the property line of another or any right of way of any public street or easement; and

 

f.                No Commercial Structure, Residential Structure or Mobile Home may be used or occupied in an unsanitary manner or so as to constitute a nuisance when operated or occupied by its owner or tenant; and

 

g.                 Mobile Homes shall not be permitted in the Town of Tiger except as expressly provided in paragraph “I” below.

 

h.                 Parking of an over the road recreational vehicle shall be allowed upon a tract so long as such vehicle is not permanently installed of OCcupied as a residence; and provided, it shall be part:ed on that a lot in the Town of Tiger which has a completed residence constructed upon it.

 

i.       Notwithstanding the provisions of subparagraphs “a” through “h” hereinabove, if  a Commercial Structure or Residential Structure (not a Mobile Home as defined hereinabove) is in existence on the effective date of this ordinance and it is destroyed or removed, it may be replaced by a like  structure  on  the lot  provided; that the replacement structure is not a mobile home as defined and that the replacement structure contains at least nine hundred (900) square feet of heated floor space; that no part of the structure may be closer than ten (10) feet from the property line or the right of way of  any  street  or public  easement;  and  that  there are two parking spaces for automobiles as described in Item d.

 

j.              Notwithstanding the provisions of subparagraphs “a” through “h” hereinabove, if a Mobile Home is in existence on the effective date of this ordinance it is destroyed or removed from a lot, or if the owner of the same is desirous of replacing the same, then it may be replaced by a Residential Structure on the lot which conforms with the provisions of this ordinance or by a Mobile Home provided that the Mobile Home is a brand new Mobile Home. Any Mobile Home that is installed to replace a pre-existing Mobile Home must have a shingle roof and must have vinyl siding or masonite siding and must have a minimum of 700 square feet of heated floor space. Said Mobile Home must be underpinned and must have an attached deck and/or porch. Said attached deck and/or porch shall a minimum size of ten (10) feet in width by twenty (20) feet in length, with it being further provided that the replacement Mobile Home contains at least seven hundred (700) square feet of heated floor space and with it being further provided that no part of the structure may be closer than ten (10) feet from the property line or the right of way of any street or public easement with it also being provided that there must be two parking spaces for automobiles as described in Item d.

 

CONTINUANCE OF A NON-CONFORMING USE:

Any Commercial Structure, Residential Structure, Mobile Home or use thereof existing at the time of the enactment or subsequent amendment of this ordinance not in conformity with its use, regulations and provisions, may be continued, however, except as provided in Paragraphs “I” and “I”, above, if a Mobile Home, Residential Structure or Commercial Structure is moved or destroyed, it may not be replaced with another structure which does not conform to the requirements of this ordinance.

 

ONLY ONE PRINCIPAL STRUCTURE ON ANY LOT:

Only one Commercial structure, Residential Structure or Mobile Home under the conditions set forth hereinabove, and its customary accessory buildings, may be erected on any lot, except for duplexes, motels, hotels, condominiums, multi-family buildings and townhouses which may be approved by special permit of the Town Council.

 

ENFORCEMENT:

 

No building, Commercial Structure, Residential Structure or Mobile Home shall be erected, moved, installed or occupied or used in any manner except pursuant to the terms of this ordinance. Any person in violation of this ordinance, including any tenant, owner, agent or contractor engaged in the construction, use, rental or sale of any Commercial Structure, Residential Structure or Mobile Home which violates this ordinance shall be subject to a fine of $50.00 per day for each day that the violation shall continue unabated. Continued use or occupancy of any building or Mobile Home shall be considered a continuing violation of this ordinance and shall constitute a violation for each 24 hour period. In addition to the above fine provision, should any building, Commercial Structure, Residential Structure or Mobile Home be erected, constructed, reconstructed, altered, repaired, converted, enlarged or maintained in violation of this ordinance the Mayor of the Town of Tiger, the Town  Council  by  majority  vote, or any person who would be damaged by such violation, in addition to other remedies, may institute an action for injunction, mandamus, or other appropriate action or procedure to prevent the illegal use or construction of Commercial structures Residential Structures or Mobile Homes the act of which would constitute a violation of this ordinance.

 

APPROVAL OF STRUCTURES REQUIRED:

Prior to the erection of any structure, the owner of the lot shall petition the Town Council of the Town of Tiger for approval of the plans and specifications of such structure and no such structure shall be erected on the property unless the plans and specifications have been duly approved by the Town Council of the Town of Tiger following required publication and opportunity for public comment.

 

HEARING OR ADJUDICATION OF ALLEGED VIOLATION:

 

Any alleged violation of this ordinance shall be heard by the Town Court in the Town of Tiger or other appropriate court within the confines of Rabun County, Georgia, including the Rabun County Probate Court and the Rabun County Superior Court.

 

CONFLICT WITH OTHER REGULATIONS:

Whenever the . provisions of this ordinance are in conflict with other statutes, the  document or parts thereof which imposes a more restrictive standard or regulation shall prevail.

 

VALIDITY:

Should any section or provision of this ordinance be declared by the Courts to be unconstitutional or invalid, such declaration shall not effect the validity of the ordinance as a whole or any part thereof, other than the parts so declared to be unconstitutional or invalid.