A home occupation as defined by this ordinance shall be governed by the following requirements:

9-1.1

Only residents of the dwelling may be engaged in the home occupation.

9-1.2

The home occupation shall be clearly incidental to the residential use of the dwelling and shall not change the essential residential character of the dwelling.

9-1.3

Use of the building for this purpose shall not exceed twenty-five percent (25%) of the conditioned air space of the dwelling.

9-1.4

No internal or external alterations inconsistent with the residential use of the dwelling shall be permitted.

9-1.5

The use of a structure as a home occupation may not cause a nuisance in the neighborhood, either because of noise, traffic, lighting or any other reason.

9-1.6

No accessory buildings or outside storage shall be used in connection with the home occupation.

9-1.7

The home occupation shall not be allowed any destination traffic trips that are related to the home occupation by outside clients or patrons.

9-1.8

Vehicles used primarily as passenger vehicles only shall be permitted in connection with the conduct of the customary home occupation.

9-1.9

The following and similar uses shall be considered home occupations provided that all additional requirements of this section are met: addressing service, answering service, architect, computer consulting, desktop publishing, drafting, manufacturing agent, pet sitting (off-site), and web design. Other professions and/or services which are essentially office or clerical in nature as approved by the Zoning Administrator upon a finding that the desired home occupation is consistent with the residential character of the neighborhood, and will comply with the other provisions of this Section.

A home based business, as defined by this Ordinance, shall be governed by the following requirements:

9-2.1

At least one resident and not more than one non-resident of the dwelling may be engaged in the home based business. The resident must be the owner of the home based business.

9-2.2

The home based business shall be clearly incidental to the residential use of the dwelling and shall not change the essential residential character of the dwelling.

9-2.3

No display of products shall be visible from the street and only products produced on the premises may be sold on the premises.

9-2.4

Only one (1) point of business sign, not exceeding two square feet in size, motionless, non-lighted, and attached to the principal building, shall be permitted.

9-2.5

Use of the dwelling for this purpose shall not exceed twenty-five (25) percent of the conditioned air space of the dwelling.

9-2.6

No internal or external alterations inconsistent with the residential use of the dwelling shall be permitted.

9-2.7

The home based business shall not constitute a nuisance in the neighborhood.

9-2.8

No accessory buildings or outside storage shall be used in connection with the home based business.

9-2.9

Instruction in music and other tutorial services shall be limited to two (2) students at a time.

9-2.10

Vehicles used primarily as passenger vehicles only shall be permitted in connection with the conduct of the home based business.

9-2.11

No more than two (2) non-transient guests may be boarded at any one time as a home based business.

9-2.12

The following and similar uses may be considered for approval as home based businesses provided that all additional requirements of this section are met: accountant, addressing service, answering service, architect, art instructor, barber or beauty shop (with no more than one (1) chair), drafting, dressmaking, insurance agent, manufacturing agent, music teacher, notary public, photography, real estate agent, tax consultant, and other home based businesses as approved by the Zoning Administrator.

9-2.13

Not more than six (6) children may be kept in the home as a customary home occupation. Safe, proper and efficient loading and unloading spaces must be supplied and at least 100 feet of outdoor play area is required for each child accommodated. The entire outdoor play area shall be enclosed by a steel mesh security fence with lockable gates approved by the building official or other substantial building material affording equal or better protection, having a minimum height of at least four (4) feet and constructed in such a manner that maximum safety to the children is ensured.

This provision is designed to provide for the reasonable development of rural home occupations as an accessory use to rural residential uses. Uses of property for the Rural Home Occupation (RHO) shall be governed by the following requirements:

9-3.1

Property for which an RHO is proposed shall be owner occupied and shall contain a minimum of five acres of land in the A-U zoning district and shall directly abut an arterial or collector roadway as defined on the Major Thoroughfare Plan.

9-3.2

The accessory structure shall be located behind the residential structure and meet the side and rear building setback lines of the A-U zoning district and all building code separation requirements shall apply. The accessory structure shall contain no more than seventy-five (75) percent of the gross square footage of the principal residential dwelling.

9-3.3

Any Rural Home Occupation shall be operated in such a manner as to avoid causing a noise, lighting or traffic nuisance to adjacent residential structures, and shall comply with the appearance of property provisions in this ordinance applicable to residential structures.

9-3.4

No display of products shall be allowed in the front yard.

9-3.5

In addition to signs permitted under Section 11 of this ordinance, one additional sign not exceeding sixteen square feet in size, motionless and non-lighted, shall be permitted on properties upon which a rural home occupation is conducted. This ordinance shall not be construed to regulate the content upon such additional sign.

9-3.6

All Rural Home Occupations operating under this ordinance section shall provide designated off-street parking to the rear of the primary residential structures for customers of said RHO.

9-3.7

Any occupation that meets the intent of this ordinance may be approved by the Zoning Administrator within an A-U zoning district as described herein. This may include but is not limited to the following: catering service, motorized vehicle repair, printing or engraving shop, flower shop, furniture upholstery shop, locksmith or gunsmith, personal service shops, photography studio, specialty shops as they relate to the sale of items manufactured therein, and service oriented commercial activities associated with agricultural uses. The Zoning Administrator may approve other uses as rural home occupations upon a finding that the desired rural home occupation is consistent with the character of the neighborhood and will comply with the other provisions of the Section.

9-3.8

Any use approved as a Rural Home Occupation which proposes outside storage shall provide for screening of the entire service or storage area as required in Section 3-19 of this ordinance.

Manufactured housing parks are allowed, provided the following requirements are met:

9-4.1

The minimum lot size shall be ten (10) acres.

9-4.2

Setbacks shall be as described in Section 6, setback and yard requirements by district.

9-4.3

Each manufactured home shall be connected to an approved water and sewer system.

9-4.4

The minimum area per manufactured home space shall be not less than forty-three thousand five hundred sixty (43,560) square feet with a minimum individual space width of one hundred fifty (150) feet. Individual manufactured home space requirements shall be as dictated by the rules and regulations of the Cook County Board of Health and the zoning ordinance minimums. All Health Department required plans shall accompany the required site plan for Planning Advisory Commission review.

9-4.5

All manufactured home spaces or other park sites devoted to accessory uses (such as management offices, laundry facilities, recreation buildings, etc.) shall have an interior setback of ten (10) feet from its respective area boundaries. Residential accessory buildings associated with dwelling units shall be set back ten (10) feet from its respective space boundaries, limit of one (1) accessory building per manufactured home space.

9-4.6

A sixty (60) foot interior drive, paved and properly drained for two-way traffic, 22 foot paving minimum, shall serve all manufactured home spaces and shall be drained so as to prevent damage to adjoining property, public or private.

9-4.7

Each manufactured home space and accessory use space shall be clearly defined by means of concrete, steel or iron pipe markers placed at all corners.

9-4.8

At least two hundred (200) square feet per manufactured home space (not to be a part of the required manufactured home space) shall be provided in one (1) or more locations for community playground and recreation purposes.

9-4.9

All property lines of a manufactured housing park which abut any zoning district other than another MHP district shall be screened as described in Section 3-19.

9-4.10

Prior to any application for rezoning, development or expansion, all manufactured housing park developments must be submitted and reviewed by the Greater Cook Planning Advisory Commission. A building permit shall not be denied for any reason other than the failure to comply with the requirements of this ordinance or State or Federal law. Proper utility plans, drainage plans and road development plans, drawn to county specifications, shall accompany the proposed site plan for county staff review prior to submission to the Planning Advisory Commission. For the purpose of the development of the required plans, site plans for manufactured housing parks shall contain data equivalent to the preliminary plat requirements of the Cook County Land Subdivision Ordinance. Construction drawings equivalent to the improvements plan process described in the Cook County Land Subdivision Ordinance shall be required to be submitted to and approved by the Cook County Engineer prior to the initiation of any manufactured housing park construction.

9-4.11

No manufactured housing park shall be occupied by a greater number of manufactured homes than that authorized in the approved site plan. No manufactured housing park shall be enlarged or expanded unless a separate manufactured housing park site plan has been reviewed and approved by the Planning Advisory Commission.

9-4.12

Pre-owned manufactured homes relocated into or within Cook County to a manufactured home park must comply with the provisions of section 9-10 et seq. Of this ordinance.

In A-U zones within the unincorporated area of Cook County, there shall be permitted, as a matter of right, to any owner of property one primary dwelling and for farms between 10 and 50 acres, one (1) accessory dwelling. For each 50 acres over 50 acres, up to 200 acres, one accessory dwelling per 50 acres shall be allowed. For over 200 acres, one (1) accessory dwelling for each additional 100 acres shall be allowed. The additional accessory dwellings set forth above will be permitted on any parcel of land under single ownership where the following conditions can be met:

9-5.1

Occupants of non-principal residential uses shall be related by blood ties to the owner of the property and said blood relationships shall extend to but not beyond the second descending and ascending generation. This shall not apply to occupants that are full time employees of the property owner and are responsible for the agricultural production of the property.

9-5.2

Each such non-principal residential use shall occupy a land area not less than 43,560 square feet in size, with a minimum area width of one hundred fifty (150) feet.

9-5.3

Each such land area shall be so defined by permanent physical markers as to be given a numerical address and location designation.

9-5.4

Each such land area shall receive approval from established county health authorities as to its suitability as a site for an effective sanitary sewage disposal system designed to accommodate wastes generated by the user of that land site.

9-5.5

An acceptable domestic water supply shall be available to each satellite user of this special provision and such water supply shall meet local public requirements as administered by county health authorities.

9-5.6

No commercial use of this special provision will be allowed and no rental charge can be placed on the non-principal uses.

9-5.7

Each such use shall be accessible, either by private drive or public roadway, to the public thoroughfare system.

9-5.8

Individual power supply sources shall be provided to each user under this special provision and each utility installation shall meet such standards as have been adopted by local authorities.

9-5.9

Facilities established under this special provision for residential use shall meet the requirements of local construction and use codes established by the Cook County Commission.

9-5.10

Permits for construction will not be issued prior to the approval of each of the aforementioned conditions by the Zoning Administrator. In addition, any change in use or occupancy must be approved by the Zoning Administrator.

Agricultural worker housing is allowed as an accessory use in the AU (Agricultural Use) zoning district subject to the following provisions:

9-6.1

Head of household shall be a full time or seasonal employee of the property owner and are responsible for the agricultural production of the property.

9-6.2

All such housing shall meet applicable rules and regulations regarding agricultural worker housing of the Georgia Department of Labor.

9-6.3

Water supply and sewage disposal for said housing shall be approved by the Cook County Health Department.

9-6.4

Such accessory uses shall be subject to the principal building front, rear and side yard setback requirements of the AU (Agricultural Use) zoning district.

9-6.5

All such structures or buildings developed for agricultural worker housing shall be limited to a maximum height of 35 feet and shall have a minimum of 30 feet of open, unoccupied space between it and any other building or structure in the development.

9-6.6

Only one Agricultural Worker Housing Unit is allowed for each 50 acres of land.

Security worker housing may be allowed as a Special Exception as an Accessory Use in the R-C, G-B, W-L-I, and the H-I zoning districts subject to the following provisions:

9-7.1

Member of household shall be a full time employee of the property owner or lessor and be responsible for the security of the property.

9-7.2

Water supply and sewage disposal for said housing shall be approved by the Cook County Health Department.

9-7.3

Such accessory uses shall be subject to the principal building front, rear and side yard setback requirements of the appropriate zoning district.

9-7.4

These units shall be a minimum of 400 square feet, yet no larger than 1,120 square feet, and shall have a minimum of 30 feet of open, unoccupied space between it and any other building or structure on the property.

9-7.5

There shall be only one (1) security worker dwelling located at each site.

All chicken house facilities shall be located at least 1,000 feet from any residential dwelling and residential zoning district, excluding any dwelling belonging to the owner of the poultry operation, as well as any commercial or industrial use. Setbacks for buildings shall be at least 150 feet from a public right of way or adjoining property line, and the parcel upon which a poultry facility is to be sited shall be at least ten (10) acres per house with a 20 acre minimum. Exhaust fans shall discharge away from the nearest resident.

Associated compost houses shall be setback 300' from any property line or right-of-way, and 1,500 feet from any residential dwelling.

An eight-foot fence and six-foot wide buffer strip, developed in accordance with Section 3-19, shall be erected along all road frontages, all side lot lines and all rear yard lines of any junk yard.

The relocation and installation of pre-owned manufactured homes shall be subject to the following health and safety standards and conditions and inspection program.

9-10.1

Definitions. The following words, terms, or phrases, when used in this ordinance, shall have meanings ascribed to them in this section.

a.

Applicant means any person seeking to install a pre-owned manufactured home in the unincorporated area of Cook County.

b.

Building Inspector means the person appointed, employed, or otherwise designated as the director of planning, permits and inspections; the county building official or any of his or her assistants.

c.

Certificate of Occupancy means a document issued by the building inspector certifying that a pre-owned manufactured home is in compliance with applicable requirements set forth by this ordinance and indicating it to be a condition suitable for residential occupancy.

d.

Install means to construct a foundation system and to place or erect a manufactured home on such foundation system. Such term includes, without limitation, supporting, blocking, leveling, securing, or anchoring such manufactured home and connecting multiple or expandable sections of such manufactured home.

e.

Jurisdiction means the unincorporated areas of Cook County, Georgia.

9-10.2

Conditions. All pre-owned manufactured homes located in the jurisdiction shall bear a label certifying they were constructed in compliance with the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq. (The HUD Code) and shall be installed in accordance with O.C.G.A.§ 8-2-160, et seq.

9-10.3

Permits, Inspection, Certificate of Occupancy and Fees. A permit shall be required to locate a pre-owned manufactured home in the jurisdiction.

a.

Relocation Permit. To obtain a relocation permit, applicants shall provide to the building inspector:

(1)

An affidavit signed by the applicant that the pre-owned manufactured home meets health and safety standards required by this ordinance;

(2)

Photographs of the interior and exterior of the pre-owned manufactured home providing evidence that the home meets the minimum health and safety standards of this ordinance; and

(3)

The permit and inspection fee required by subsection (d) of this section.

b.

Inspection. Upon receipt of a relocation permit, applicants may relocate the manufactured home onto a residential site of the proper zoning classification for the purposes of inspection. Applicant shall arrange for an inspection to be held prior to the installation of the manufactured home. At such time as the building inspector certifies that the manufactured home meets the requirements of this ordinance, applicants may install the manufactured home.

c.

Certificate of Occupancy. A certificate of occupancy shall be issued to the applicant after installation and at such time that the building inspector certifies that the requirements of this ordinance have been met.

d.

Fee. A permit and inspection fee in an amount set by the Cook County Board of Commissioners shall be charged to the applicant to cover the cost to the county to process the permit application and inspect the pre-owned manufactured home. Such fee shall cover the initial and one follow-up inspection. The applicant shall be charged an additional amount set by the Cook County Board of Commissioners for each additional follow-up inspection that may be necessary.

e.

Alternative Inspection. At the request of the applicant, the building inspector may, at his or her discretion, inspect a pre-owned manufactured home prior to its being relocated if the home is then located at another site within the county or within a convenient distance outside of the county. In the event that the building inspector travels outside of Cook County to inspect a pre-owned manufactured home, the applicant shall pay mileage at the then-applicable federal reimbursement rate from the office of the building inspector, to the site of the inspection, and back to the office of the building inspector.

f.

Rehabilitation. At the request of the applicant, and where the building inspector finds that rehabilitation of a pre-owned manufactured home that does not meet the health and safety standards of this ordinance, but can be accomplished in a reasonably short period of time and without causing any detriment to the neighborhood where the pre-owned manufactured home will be located in the County, the building inspector any issue the relocation permit and delay inspection for a period of up to 45 days to allow for rehabilitation after the pre-owned manufactured home has been relocated into the county. The building inspector shall not grant such request unless the applicant presents satisfactory evidence of a feasible rehabilitation plan. The pre-owned manufactured home shall not be collected to utilities until the inspection is performed and a certificate of occupancy is issued.

9-10.4

Minimum Health and Safety Standards. All pre-owned manufactured homes shall comply with the following health and safety standards before being issued a certificate of occupancy by the building inspector.

a.

HUD Code. Every pre-owned manufactured home located in the jurisdiction shall be in compliance with the Federal Manufactures Housing Construction and Safety Standards Act, 42 U.S.C. 5401-5445 (the HUD Code) and shall not have been altered in such a way that the home no longer meets the HUD Code.

b.

Interior Condition. Every floor, interior wall, and ceiling of a pre-owned manufactured home shall be in sound condition. Doors and windows shall be operable, watertight, and in good working condition. The floor system shall be in sound condition and free of, holes, water damage, or deterioration.

c.

Exterior Condition. The exterior of all pre-owned manufactured homes shall be free of loose or rotting boards or timbers and any other conditions that might admit rain or moisture to the interior portions of the walls or to occupied spaces. The exterior siding shall be free of rot and rust. Roofs shall be structurally sound and have no obvious defects that might admit rain or cause moisture to collect on the interior portion of the home.

d.

Sanitary Facilities. Every plumbing fixture, water, and waste pipe of a pre-owned manufactured home shall be free from leaks and obstructions. Each home shall contain a kitchen sink. Each bathroom shall contain a lavatory and water closet. At least one bathroom shall contain a tub and/ or shower facilities. Each of these fixtures shall be checked upon being connected to ensure they are in good working condition.

e.

Heating Systems. Heating shall be safe and in working condition.

f.

Electrical Systems. Electrical systems (switches, receptacles, fixtures, etc.) Shall be properly installed and wired and shall be in working condition. Distribution panels shall be in compliance with the approved listing, complete with required breakers, with all unused openings covered with solid covers approved and listed for that purpose. The home shall be subject to an electrical continuity test to assure that all metallic parts are properly bonded.

g.

Hot Water Supply. Each home shall contain a water heater in safe and working condition.

h.

Egress Windows. Each bedroom of a manufactured home shall have at least one operable window of sufficient size to allow egress if necessary, which shall have a net clear opening that is a minimum of 5 square feet in area, 24 inches in height, and 22 inches in width. The opening shall have a sill height of not more than 44 inches above the floor. The opening shall be operational from the inside of the room without the use of keys, tools or special knowledge.

i.

Ventilation. The kitchen in the home shall have at least one operating window or other ventilation device.

j.

Smoke Detectors. Each pre-owned manufactured home shall contain one operable battery-powered smoke detector in each bedroom and in the kitchen, which must be installed in accordance with the manufacturer's recommendations.

k.

Skirting. Installation of each manufactured home shall include an appropriate skirting, which shall be completed within 45 days after the date the unit is moved to the site.

l.

State law and regulations. Each manufactured home shall be installed in compliance with the requirements of Georgia law, O.C.G.A. § 8-2-160 et seq., and the rules and regulations adopted pursuant to that law, as they may be amended from time to time.

9-10.5

Enforcement.

a.

Permanent connection to utilities shall not be approved until the building inspector has issued a certificate of occupancy.

b.

Owners of pre-owned manufactured homes that are not in compliance upon a third inspection shall have their permit revoked and shall be required to remove the home from the jurisdiction at their own expense.

9-10.6

Penalties. Failure to remove a pre-owned manufactured home from the jurisdiction upon failure to receive a certificate of occupancy shall be punishable by a fine of $100.00. Each day any violation under this ordinance continues shall be considered a separate offense.

9-11.1

Internet Sweepstakes Cafe's and Internet Sweepstakes Devices. Internet sweepstakes cafe's and devices are prohibited in all zoning classifications.

9-11.2

Bona Fide Amusement Device Games. Bona fide amusement device games, as defined by this ordinance only, are permitted at arcades and also at other commercial establishment where the provision of such games is not the substantial business purpose of the establishment but is instead accessory, however, in no case shall a device or game be allowed to award tokens, vouchers, or tickets for non-cash merchandise, prizes, toys, gift certificates, or novelties having wholesale value in excess of $5.00, regardless of the number of accumulated plays. Any person or entity operating, maintaining or providing for operation a device or game which awards tokens, vouchers or tickets for non-cash merchandise, prizes, toys, gift certificates, or novelties having a wholesale value in excess of $5.00 shall be in violation of this ordinance.

9-12.1

Race Tracks and Persons and Entities Subject to this section. This section shall apply to any commercial race track which provides for the racing of motor vehicles of any kind, and at which drivers or racing teams are compensated or awarded prizes, or at which members of the audience must purchase a ticket or pay some other entry fee. The requirements and restrictions of this ordinance shall apply to the operator of any such race track and also drivers of motor vehicles operated at such race tracks.

9-12.2

Hours of Operation. No commercial race track shall conduct any race except during the hours of 8:00 a.m. to 10:00 p.m. on Sunday through Thursday and 8:00 a.m. to 11:00 p.m. on Fridays and Saturdays.

9-12.3

Operation of Vehicles outside of Hours of Operation. No driver of any vehicle raced or intended to be raced at any commercial race track shall operate the vehicle at such race track outside the hours of operation in any race.

9-12.4

Noise restriction. It shall be a violation of this ordinance for any person or entity to conduct a race or any other operation at a commercial race track, or operate at a commercial race track a vehicle intended for racing, outside the hours of operation where such activity causes any noise plainly audible at a distance of 150 feet outside the property boundary property of the commercial race track. For the purposes of this provision, if the operator of the commercial race track allows racing vehicles to remain on the premises and to be operated in a manner (including driving, revving the engine, spinning the tires or any other use of the vehicle) which causes noise in violation of this subsection, the operator of the commercial race track will be deemed to be operating the commercial race track in violation of this subsection.

9-12.5

Enforcement. Any person or entity in violation of the provisions of this ordinance shall be subject to citation, and upon conviction may be subject to the following penalties:

First Violation: For any commercial track where the operator thereof violates subsections 9-12.2 or 9-12.4, the mandatory fine for first and subsequent violations shall be $,1000.00 per violation. In addition, the court having jurisdiction may impose any other appropriate penalties allowed by law.

Second Violation: For any commercial race track where the operator thereof is found in violation of subsection 9-12.3 or 9-12.4, for the second violation the minimum fine shall be $1,000.00. In addition, the court having jurisdiction may impose any other appropriate penalties allowed by law.

Third Violation: For any commercial race track where the operator thereof has been convicted of violating subsections 9-12.2 or 9-12.4 three times within a 1 year period, as measured from the dates the offenses occurred, the Board of Commissioners shall be authorized to revoke the special exception permit, subject to the amendment procedures of Section 14 of the Zoning Ordinance.

9-12-6

Cease and Desist Order. Whenever County code enforcement officers or deputies of the Sheriff's office find that races are being conducted in violation of the hours of operation of this ordinance, they shall be authorized to enter the premises and require that all operation of motor vehicles intended for racing cease immediately. Such direction shall not effect operations scheduled for future dates that otherwise comply with the provisions of this ordinance.

(Ord. of 5-16-2016; Ord. of 8-1-2016(1))