(a)

Definitions. Institutional-residential uses are generally uses that provide residential living space or dwelling units for persons in an institutional or group setting, whether for day care, 24-hour care or unassisted living, specifically defined as one of the following types:

Adult day care means a use that provides care, assistance with personal services and/or supervision for adults for more than four hours and less than 24 hours per day. Uses providing medical services or assistance with medical or rehabilitative treatment are not included.

Assisted-living facility means a residential facility that provides an array of coordinated supportive personal and health care services, available 24 hours per day, to residents who need any of these services. Such facility does not include nursing homes, or group homes for persons with a disability.

Child day care means a use that provides care, assistance with personal services and/or supervision for children for more than four hours and less than 24 hours per day. Uses providing medical services or assistance with medical or rehabilitative treatment are not included.

Disability means a physical or mental impairment that substantially limits one or more of a person's major life activities, including a person having a record of such an impairment or being regarded as having such an impairment. The term "disability" does not include current illegal use of, or addiction to, any federally controlled substance, as defined in section 102 of the Controlled Substances Act, 21 USC 802, or successor law. The term "major life activities" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. The term "has a record of such an impairment" means has a history of, or has been classified as having, a mental or physical impairment that substantially limits one or more major life activities.

Group home for persons with a disability means a residence in which three or more persons with a disability reside and which is licensed by the state department of human resources as a personal care home under O.C.G.A. title 31.

Group home (non-disability) means any dwelling, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food service and one or more personal services for two or more adults who are not related to the owner by blood or marriage and falls under the jurisdiction of the state department of human resources, but that does not meet the definition of "group home for persons with a disability."

Home for the aged means a use comprising a building or buildings providing dwelling units for persons over a certain minimum age, where no domiciliary care, nursing care, or other assistance is provided.

Homeless shelter means a facility that is either:

(1)

Operated, licensed or contracted by a governmental entity; or

(2)

Operated by a charitable, non-profit organization, which, for no compensation provides temporary lodging, meals, and counseling to individuals and groups such as the homeless, pregnant teenagers, victims of domestic violence, neglected children, and runaways. Temporary lodging is typically less than 30 days.

Hospice means a use, other than uses fitting the description of nursing homes or group home for persons with a disability, in which domiciliary care is provided with support and supervisory personnel that provide room and board, personal care and rehabilitation services in a family environment for persons not meeting the definition of handicapped under the Fair Housing Act, 42 USC 3601 et seq.

Kindergarten means a day program or part-day program for teaching of children between four and six years old, that serves as an introduction to school.

Nursery school. See Child day care.

Nursing home means a long-term residential facility for elderly, or otherwise ill persons which may include some or all of the following: individual dwelling units, living and sleeping rooms, a common dining room, skilled nursing care, recreational facilities, and transportation for social and medical purposes. The term "nursing home" does not include an assisted living facility, a hospice, a group home for persons with a disability, or a group home, non-disability.

Protective housing facility. See Homeless shelter.

Rehabilitation facility means a facility (residential or nonresidential) to provide rehabilitation, treatment, or counseling services. Without limitation, such services may include rehabilitation, treatment, counseling, or assessment and evaluation services related to delinquent behavior, alcohol and drug abuse, sex offenders, sexual abuse, mental health, behavioral dysfunctions, emotional or psychological problems, or other similar facilities.

Rest home. See Home for the aged.

Retirement home. See Home for the aged.

Shelter care facility. See Homeless shelter.

(b)

Buffer requirements. Where permitted, any rehabilitation facility or homeless shelter shall be located on property of at least three acres. When adjacent to residentially-zoned or used property, a 25-foot landscaped buffer shall be provided. Any such facility shall be surrounded by an opaque wood fence at least six feet high along all property lines with adjacent commercial uses or that abut other zoning districts, or along the inner or outer boundary of any required buffer. No fence shall be erected along the road frontage.

(c)

Permitted zoning districts for specific uses. The following uses are permitted in the following districts. This subsection is provided for convenience only, and attempts to summarize the provisions in the various districts in article V of this chapter. No new rights are granted by this section. To the extent there is a conflict between this section and the provisions of article V of this chapter, article V of this chapter shall control.

(1)

Group homes for persons with disabilities, for six or fewer residents (not including resident staff), are permitted in R-1, R-2 and R-3. Please refer to the individual district regulations for more specific requirements, including generally the requirements that they be licensed by and in compliance with the applicable regulations of the state department of human resources, and that:

a.

The dwelling shall maintain its residential appearance;

b.

There is adequate off-street parking for resident, staff and visitors' parking such that, except for planned special events, there are no vehicles parked on the street or road right-of-way; and

c.

Visitation hours are restricted so as to not create undue traffic congestion.

(2)

Group homes for persons with disabilities (no size limit) are permitted in C-2.

(3)

In home child day cares and kindergartens, for six or fewer children, are permitted in R-1, R-2 and R-3 districts. Please refer to the individual district regulations for more specific requirements, including generally the requirements that they shall have at least 35 square feet of indoor space provided for each child and at least 100 square feet of play area per child in the outdoor play area which shall be enclosed by a fence having a minimum height of six feet and provided further that, prior to the application, the applicant shall show proof of registration and licensing as required by the state department of human resources.

(4)

Child day cares, adult day cares and kindergartens are permitted in the C-1 and C-2 districts, in accordance with the requirements of those districts.

(5)

In C-2, all of the following are permitted, in accordance with the requirements of that district: hospitals, group homes for persons with a disability, group homes (non-disability), clinics, nursing homes, assisted living facilities, adult day cares, child day cares, kindergartens, retirement homes, shelter care facilities, rehabilitation and treatment facilities, residential treatment centers, hospices, and related facilities.

(Min. of 11-10-2016, § 9.1)

Any junk yard (including salvage yards and scrap yards), whether preexisting or new, shall maintain a 25-foot opaque buffer. Any stacking of inoperable, crushed or otherwise damaged vehicles shall only be permitted in a junk yard. Impound lots, towing services and similar businesses shall be permitted to retain junk, inoperative or abandoned vehicles for a maximum of 120 days before disposal; long-term or permanent storage of such vehicles shall only be permitted in a junk yard.

(Min. of 11-10-2016, § 9.2)

(a)

Cemeteries. Cemeteries are burial grounds, generally where multiple burial plots are sold or provided for burial of persons beyond the immediate family. Cemeteries are permitted as accessory uses to churches. All cemeteries shall have a 25-foot vegetative buffer where adjacent to any residentially-zoned or used property.

(b)

Marking and boundaries. All family plots and cemeteries must be marked on plats and surveys of property, and if not clearly ascertainable, the boundaries must be marked by fencing or other monuments or markers. All abandoned or historic cemeteries must be maintained by the property owner.

(c)

Family cemeteries. The establishment of private family cemeteries within the city is not permitted.

(Min. of 11-10-2016, § 9.3)

All new hotels and motels, or expansions of existing hotels and motels, shall have internal corridors only, and rooms for guests shall only be accessible from the interior of the structure. All hotels and motels shall have lighting installed and operational to fully illuminate all parking areas. All hotels and motels shall have fully functional telephones in all rooms open to guests. Notwithstanding the height limitations of the underlying zoning district, hotels may be constructed up to a maximum height of 100 feet.

(Min. of 11-10-2016, § 9.4)

(a)

Definitions. The words used in this section shall have their commonly-understood meaning, provided that the terms below shall be defined as follows:

Bona fide employee shall mean a person who works in the service of the extended stay hotel, motel, or facility (i.e. the employer) under a contract of hire, whether express or implied, where the employer has the power or right to control or direct the details of what work is to be performed and the manner in which that work is to be performed.

Extended stay hotel, motel, and facility shall be defined as a facility where rooms or suites may be rented by guests for periods of 14 days or longer; provided that this definition shall not apply to single-family or multi-family residences that are leased for a period of one month or longer.

Guest shall mean a person who is not a patron who is present on the premises of the extended stay hotel, motel, or facility with the express permission of:

(1)

A guest or patron of the extended stay hotel, motel or facility; and

(2)

The owner, operator, keeper or proprietor of the extended stay hotel, motel, or facility.

Housekeeping shall mean the cleaning of guest rooms, guest bathrooms, public areas, changing of linen, and removal of trash from guest rooms and common areas.

Kitchenette/kitchen facilities shall mean kitchen amenities, which at a minimum must include a kitchen-type sink and stove or oven-type cooking device. A bathroom sink does not qualify as a kitchen facility. Amenities limited to a microwave, mini-refrigerator, and/or an appliance designed to produce coffee or tea do not constitute "kitchenette/kitchen facilities" for purposes of this definition.

Patron shall mean a person who pays a fee to the owner, operator, keeper, or proprietor of the extended stay hotel, motel, or facility.

Public nuisance shall mean a condition, obstruction, or use of property allowed or continued by any person, legal entity, or agent that interferes with the comfortable enjoyment of life and property by the neighborhood, community, or members of the public; or which can cause hurt, damage, inconvenience or affect or offend an ordinary and reasonable person.

Vehicle is any car, truck, trailer, motorcycle, or other machinery used for transporting people or goods and is normally required to be registered with a state in order to be legally operated or towed on a public roadway.

Visitor shall mean a person, who is not a patron or a guest, who is on the premises of an extended stay hotel, motel, or facility, at the invitation of a patron or guest, but without express permission of the owner, operator, keeper or proprietor of the extended stay hotel, motel, or facility.

(b)

Permits. No existing hotel, motel, or facility can be converted into an extended stay hotel, motel, or facility without meeting all the rules and regulations contained in this section. Every hotel, motel, or facility that provides rooms or suites to patrons for 14 or more days shall first obtain a permit from the city and must pay the permit fee of $500.00 per facility plus $50.00 per room designated for extended stay use. The applicant shall identify each specific room that it wishes to designate as an extended stay room. The extended stay permit applicant shall submit evidence that shows that the facility and each room intended to be used for extended stay meets the requirements of this section. The city community development director in reviewing permit applications for extended stay hotels, motels, or facilities shall determine whether to grant or deny a permit application based on the following standards:

(1)

Whether the permit application fee for both the facility and for each room has been paid;

(2)

Whether the application shows compliance with this section;

(3)

The applicant and property's history of criminal or drug-related activity on the premises;

(4)

The applicant and property's history of ordinance and safety regulation violations.

(c)

Extended stay room equipment and service requirements.

(1)

All extended stay rooms shall have facilities for both storage and preparation of food (kitchens and kitchenettes).

(2)

All extended stay rooms with less than 300 square feet of floor area are limited to a maximum capacity of two persons per such room.

(3)

All extended stay rooms with more than 300 square feet of floor may allow an additional person per each additional 75 square feet of floor area.

(4)

No exterior access to extended stay rooms is permitted. This requirement shall only apply to buildings and structures built after the date of the adoption of the ordinance from which this section derived.

(5)

Each extended stay room must be protected with a sprinkler system approved by the fire marshal or their designee.

(6)

Each extended stay room containing a stove-top unit or other type burner unit shall be required to also include a maximum 60-minute automatic power off timer for each room containing such stove-top unit or other type burner.

(7)

A hard-wired smoke detector with battery backup shall be provided and installed in each extended stay room. It shall be a violation of this code for any person to disable, tamper or modify any type of smoke detector or other safety device installed in each extended stay room.

(8)

No extended stay hotel, motel, or facility shall rent or provide a room for any number of persons greater than the sleeping accommodations provided within the particular rental unit or temporary sleeping accommodations provided by the extended stay hotel, motel, or facility.

(9)

Housekeeping shall be included within the standard extended stay room rate of any extended stay hotel, motel, or facility. At a minimum, rooms must be cleaned before each new guest checks in and no less frequently than twice every seven days.

(10)

Each extended stay hotel, motel and facility must maintain a log that documents when each room is serviced and cleaned. The log must be maintained for 120 days. Any extended stay hotel, motel, or facility must make these records available to the city within a reasonable time upon request.

(11)

All extended stay hotels, motels, and facilities must have in place laundry facilities consisting of washer and dryer machines available to patrons. The equipment shall be maintained and in good repair at all times. Washers and dryers shall be provided at a ratio of one washer and dryer for every 20 rooms or fraction thereof.

(12)

Any extended stay hotels, motels, or facilities shall include, on any public facing entry points to the premises, a magnetic or electronic keyboard/locking device for access. Public facing entry point doors shall have operating automatic closures, key entry and shall remain locked at all times between the hours of 9:00 p.m. and 6:00 a.m. All entry point doors shall be equipped with an alarm or other device that will alert security, attendants, or other employees that the door has been opened or remains open. These requirements are not applicable to entry points that enter directly into the lobby of the extended stay hotel, motel, or facility as long as the lobby is manned by a bona fide employee 24 hours a day. These requirements are not applicable to entry points that enter directly into a banquet hall, conference room, or other facility utilized for a special event or meeting hosted by an extended stay hotel, motel, or facility, as long as there is a bona fide employee staffing the banquet hall, conference room, or other facility utilized for the duration of that event.

(d)

Occupancy regulations and limitations.

(1)

No individual guest shall register, reside in, or occupy any room or rooms within the extended stay for more than 120 consecutive days, without a two-day vacancy between stays. The restriction on the length of stay shall be placed on the wall in the lobby of the facility in a conspicuous place and on the wall or back door within each guest room.

(2)

An individual guest shall be allowed to stay in excess of 120 days when:

a.

There is a written contract or documented agreement between an extended stay hotel, motel, or facility and a business, corporation, firm or governmental agency to house employees or individuals on valid work orders;

b.

There is documentation, consistent with HIPPA privacy rules, that an extended stay guest is considered family or is providing care for a patient who is admitted at a local hospital; or

c.

An insurance company or federal, state or local agency has provided documentation that an extended stay guest has been displaced from their home by a natural disaster or fire.

(e)

Common area and parking requirements.

(1)

No outside storage or permanent parking of equipment or vehicles shall be allowed.

(2)

Extended stay hotels, motels, or facilities must have a minimum of 25 percent of the lot area dedicated to either active or passive open space with a minimum size of 750 square feet. The open space shall include active recreation, such as a children's playground area, and/or passive recreation, such as green space and walking paths.

(3)

Extended stay hotels, motels, or facilities must provide and maintain security in the parking area. This shall include one or more of the following: live patrol guard, security fencing that is decorative and consistent with the zoning code, or other security measures approved in writing by the community development department to meet the minimum security standards required under this code section.

(4)

Extended stay hotels, motels, or facilities must maintain a security plan which shall include all implemented security measures. Security plans and documentation for approved alternative security measures shall be kept on file and made available to the city within a reasonable time upon written request.

(5)

Smoking is prohibited in all extended stay hotels, motels, and facilities with the exception of designated smoking areas. Smoking is expressly prohibited in exterior breezeways, stairwells, or within 25 feet of any guest room or doors used for ingress or egress.

(f)

Record keeping. Every extended stay hotel, motel, and facility shall keep a record of all rental agreements between the extended stay hotel, motel, or facility and all patrons and their guests for a period of no less than 180 days after the rental agreement's termination. The following information must be recorded at the time of registration and maintained pursuant to this article:

(1)

The full name, phone number, and home address of each patron and overnight guest. If the patron is a tourism company or other business, only the patron shall be required to provide this information;

(2)

The total number of occupants (patrons and guests) registered in each room;

(3)

The room number assigned to each patron and guest;

(4)

The day, month, year and time of arrival of each patron and guest;

(5)

The day, month, and year each patron and each guest is scheduled to depart;

(6)

Upon departure, record of departure date for each patron and guest;

(7)

The rate charged and amount collected for rental of the room;

(8)

The method of payment for each room; and

(9)

Documentation used to verify a stay in excess of 120 consecutive days where permitted.

(Ord. No. 2020-0002, § 2, 5-14-2020)

(a)

Purpose. The purpose of this section is to regulate data centers and related technology uses, as provided herein, and which supports and encourages the siting of new technologies, computer systems, data infrastructure and data hosting.

(b)

Use regulations. Data centers and related technology uses, where permitted under the table of permitted uses, shall be subject to the requirements of this section.

(1)

Uses permitted as data centers and related technology uses include:

Computer systems and facilities design, programming operation and management.

Data processing, storage, hosting and related services.

Information product research and development.

Internet website design and hosting.

Public utility facilities.

Software design and development.

Solar, renewable and alternative energy facilities.

Technology consulting and management.

Telecommunications infrastructure and connectivity facilities.

(2)

Uses not permitted as data centers and related technology uses are:

The commercial process by which cryptocurrency transactions are verified and added to the public ledger, known as the block chain, and also the means through which new units of cryptocurrencies are released, otherwise known as cryptocurrency mining, which is not permitted as a data center.

(3)

Accessory uses. Structures and land may be used for uses customarily incidental to any permitted use.

(c)

Development standards.

(1)

Data center development. A data center development shall mean and refer to the entire contiguous tract of land presented for development as a data center.

(2)

Height regulations. Buildings shall not exceed a height of 75 feet, measured from structure pad level. Height limitations shall not apply to accessory structures such as water towers, conveyer belts, HVAC equipment, generators and other incidental and uninhabited parts of the structure.

(3)

Size, buffers and setbacks.

a.

Minimum acreage: 450 acre parcel(s).

b.

Buffers and setbacks. All buffers and setbacks shall conform to the development agreement or the requirements of the zoning district, whichever is most restrictive.

(4)

Minimum buffer requirements. In addition to required setbacks, a minimum 200-foot wide buffer, which can include required setback, shall be required along all property lines which abut a residential district or O/I district, 50 feet when adjacent to the C-1 or C-2 district use in order to provide a visual screen.

(5)

Air conditioning units and HVAC systems. Air conditioning units and HVAC systems shall be thoroughly screened from view from the public right-of-way and from adjacent properties by using walls, fencing, roof elements, or landscaping. This requirement shall not apply where the equipment is more than 100 feet from adjacent property lines.

(6)

Front building facade. The front building facade of all principal buildings shall be oriented toward street fronts or adjacent arterial street fronts. This requirement shall not apply if the front of the building is greater than 500 feet from the public right-of-way or not visible from the public right-of-way.

(7)

Security fencing and structures. Security fencing and walls shall not be located within the required buffer unless it complies with the general regulations pertaining to fencing. Fences and walls outside the required setback and buffer provided above shall not be subject to height limitations. Guard houses and secured entry features shall be permitted at public road entrances.

(8)

Exception for internal lots. Required setbacks and buffers shall only apply to external property boundaries with other properties not part of the data center campus. Minimum lot frontages, width and acreage shall not apply to subdivided lots within the data center campus, so long as the entirety of the contiguous data center campus complies with the requirements of this section, and so long as the subdivided lot has adequate frontage on public or private roads to allow service.

(9)

Private roads. Private roads are permitted within data center campuses.

(10)

Dark sky lighting. Exterior illumination shall be shielded, downcast and of a luminosity designed to maintain the existing night sky darkness and to prevent light trespass onto adjacent properties. In order to obtain that objective, the following criteria shall be met:

a.

All fixtures shall be full cut-off type fixtures.

b.

Light poles shall be no taller than 25 feet in height.

c.

All light poles must be setback a minimum of ten feet from any exterior property line.

d.

Maximum foot-candles at the property line shall be 0.5.

The community development director may require a photometric lighting plan which shows conformity with these requirements as part of any building permit application.

(11)

Sound control. In order to ensure that data centers and related technology uses do not contribute to noise pollution within the city, all data centers will be subject to the following standards:

a.

Data center operations shall not produce continuous sound that exceeds an average of 65 decibels over any 30-minute period from 8:00 a.m. to 6:00 p.m., measured at any adjacent property boundary between the data center site and a residential property. Nor shall data center operations produce continuous sound that exceeds an average of 55 decibels over any 30-minute period from 6:00 p.m. to 8:00 a.m., measured at any adjacent property boundary between the site and residential property. Violations of these sound levels may be prosecuted in the same manner as other zoning ordinance violations.

b.

After issuance of the certificate of occupancy for each data center building, the city may obtain sound studies or require the data center operator to provide a sound study to verify that the operation is in compliance with the requirements of subsection a. above. If a data center is found to be in violation of the requirements of subsection a. above, the city may issue a notice of violation, which may direct that the data center take appropriate steps to operate within the requirements of subsection a. above. The city manager may require the data center operator to propose a solution, and a time period for implementation. If the city manager approves such solution, and the data center fails to successfully implement that solution within the time approved, the violator shall be subject to a fine up to $1,000.00 for each day that the violation exists until full compliance is obtained.

c.

The data center operator shall continue to bear the costs of any sound test or study required to monitor violations in subsection b. above.

(12)

Data centers and related technology uses compliant with the requirements of this section are not subject to the requirement for special use permit review pursuant to section 47-393(c).

(13)

Developers of data centers desiring city utilities must request and receive from the city prior to any permits being issued or beginning construction a utility availability letter in compliance with section 45-2. Users of greater than 50,000 gpd of water or sewer must have their utility service approved by the mayor and council. In considering the proposed utility service, the mayor and council may consider the needs of the project, the available capacity of the city, and the anticipated future needs of the city and its customers.

(14)

Prior to the issuance of land disturbance permits, certificates of occupancy or other development approval the data center developer shall enter into a development agreement reasonably acceptable to the city whereby the developer will be financially responsible for any system upgrades required in providing for the installation of required project improvements and addressing the provision of public utilities to serve the project. The development agreement shall also provide that the developer will be responsible for all costs incurred by the city in investigating its ability to provide services to the project. If the city is unable to reasonably provide the required utilities to serve the project, then the city may decline to enter into a development agreement with the developer and therefore no land disturbance permits, certificates of occupancy or other development approval will be granted.

(Ord. No. 2025-0005, § 1, 7-17-2025)