The following regulations shall apply in all R-1 Zones:

(A)

Principal permitted uses:

(1)

Residential—One-family or one "housekeeping" unit detached dwellings.

(2)

Institutional and cultural—Churches and other places of worship and Sunday school buildings located not less than 20 feet from any other lot in any R-Zone, schools and colleges for academic instruction, located not less than 40 feet from any other lot, public libraries, public museums, public art galleries and similar public cultural uses, located not less than 20 feet from any other lot in any R-Zone cemeteries.

(3)

Recreational—Public parks, playgrounds, recreational and community center buildings and grounds and golf courses, country clubs, tennis courts and similar recreational uses, all of a noncommercial nature; provided that any principal building used thereon shall be located not less than 40 feet from any other lot in any R-Zone.

(4)

Essential services—(See Chapter 23.10.)

(5)

Planned Unit Development (PUD) (See Title 21).

(6)

Residential health care facilities—Residential care facilities for the developmentally disabled, provided that such facilities comply with all federal, state and local laws and regulations.

(B)

Permitted accessory uses: Accessory uses, buildings or other structures customarily incidental to any aforesaid permitted or conditionally permitted uses may be established; erected or constructed; provided, that such accessory uses shall not involve the conduct of any business, trade or industry, unless otherwise authorized herein, or any private way or walk giving access to such activity, or any sign other than authorized herein and not including the board of animals or the keeping of fowl or farm animals except in a building at least 100 feet distant from every lot line. Accessory uses may include the following:

(1)

Summer houses—Summer houses and living quarters of persons employed on the premises, without kitchen facilities and not rented or otherwise used as a separate dwelling.

(2)

Parking facilities—Garages, carports or other parking spaces for the exclusive use of residents of the premises.

(3)

Swimming pools—Swimming pools, exclusively for the use of the residents.

(4)

Professional offices and home occupations. Provided that not more than one-half of the floor area of the dwelling is devoted to such accessory use, that not more than one person who is not a resident on the premises is employed at the home; that no such use shall require exterior structural, alterations or involve construction features not customary in dwellings, and that the entrance to such office or home occupations shall be from within the dwelling.

(5)

Long-term rentals—The keeping of not more than two renters by a resident owner or the keeping of not more than three adult renters plus related children by a nonresident owner for periods of greater than 30 days. House-keeping units may not keep long-term renters. Long-term rentals must be annually permitted per provisions in Title 29 of this Code.

(6)

Short-term rentals the keeping of not more than two renters by a resident owner for periods of less than 30 days. Housekeeping units may not keep short term renters. Short term rentals must be annually permitted per provisions in Title 29 of this Code.

(7)

Trailers—Parking of a trailer in any R-zone shall be prohibited, except that one trailer may be stored as an accessory to a principal use, provided that no living quarters shall be maintained or any business conducted in connection therein while such trailer is parked or stored.

(8)

Other customary accessory uses and buildings, provided such uses are incidental to the principal use and do not include any activity commonly conducted as business, unless otherwise authorized herein.

(9)

On premises sales (yard sales, garage sales, porch sales) may be conducted up to three times per year, not exceeding three consecutive days per sale.

(10)

Gardening, domestic animals—Gardening, the raising of vegetables, fruits or flowers and the keeping of domestic animals exclusively for the use of personal enjoyment of residents of the premises and not for commercial purposes.

(C)

Conditionally permitted uses: The following uses shall be permitted only if expressly authorized by the board of zoning appeals (hereinafter referred to as BZA) in accordance with provisions of this Code:

(1)

Recreational—Private and noncommercial recreation areas and facilities not listed above including club swimming pools, provided that no such swimming pool shall be located nearer than 100 feet from any other lot in any R-zone.

(2)

Utility stations—Static transformer stations, booster stations, and other utility stations, when operating requirements necessitate locating in an R-1 zone in order to serve the neighborhood; provided there is no yard or garage for service or storage and provided further, that the premises upon which such utility station is erected and maintained shall be appropriately landscaped and screened so as to be in harmony with the general appearance of the neighborhood.

(3)

Short-term rentals nonresident owner short term rentals - the keeping of not more than three adult renters plus related children by a nonresident owner for periods of less than 30 days on R-1 lots that abut an R-2, R-3, or any B-zone or that the principal home fronts on East State Street, Carpenter Street, Lancaster Street, or Columbus Road.

(Ord. No. 0-10-10, §§ I, II, 2-1-1010; Ord. No. 0-06-16, § I, 2-15-2016; Ord. No. 0-17-16, § I, 10-17-2016; Ord. No. 0-104-20, § II, 10-19-2020; Ord. No. 0-145-21, § I, 12-13-2021)

(A)

Principal permitted uses:

(1)

General—Any principal use permitted and as regulated in the R-1 Zone, except as hereinafter specified.

(2)

Residential—Two-family dwellings.

(B)

Permitted accessory uses: Accessory uses or structures permitted and as regulated in the R-1 Zone.

(C)

Conditionally permitted uses:

(1)

General—Any conditionally permitted use as regulated in the R-1 Zone, except Section 23.04.01(C)(3).

(2)

Institutional—Philanthropic or eleemosynary institutions.

(A)

Principal permitted uses:

(1)

General—Any principal use permitted and as regulated in the R-1 and R-2 zones.

(2)

Residential—Multi-family dwellings for any number of families or housekeeping units, provided all of the requirements of the zoning code are complied with.

(3)

Apartment hotels—Apartment hotels, lodging houses, boarding houses for any number of guests, but not primarily for transients, including incidental accessory services, such as a restaurant or dining room and newsstands, when conducted and entered from within the building; provided there is no exterior display or advertising, except as provided for in this title.

(4)

Owner-occupied or owner-managed "bed and breakfast" establishments.

(5)

Tourist home a single family house or duplex dwelling that is rented as a whole house for short term rent with no more than five unrelated guests or one family for no more than 30 consecutive days. A short term rental permit is required.

(6)

(Parking area (see Chapter 23.08).

(B)

Permitted accessory uses: Any accessory use or structure permitted and as regulated in the R-2 Zone, and any accessory use or structure customarily incident or accessory to a principal permitted use or conditionally permitted use in the R-3 Zone.

(C)

Conditionally permitted uses:

(1)

General—Any conditionally permitted use as regulated in R-2 zone.

(2)

Residential health care facilities—Residential care facilities for person(s) with disabilities, provided that such facilities comply with all federal, state and local laws and regulations.

(3)

Clinics—An establishment where patients are admitted for examination and treatment on an outpatient basis by one or more physicians, dentists, other medical personnel, psychologist, or social workers and where patients are not usually lodged overnight.

(4)

Clubs—Private clubs, lodges and meeting places for other similar organizations, not including those that are ordinarily conducted as a gainful business, provided all building in which such organizations or activities are housed shall be located at least 200 feet from any lot in any R-1 zone.

(5)

Funeral homes and mortuaries.

(6)

Any convenience business or service establishment supplying commodities or performing services primarily for residents of the neighborhood, subject to the following general conditions:

(a)

Business in enclosed buildings—All business, services or processing shall be conducted wholly within a completely enclosed building.

(b)

Residential uses—Any use permitted and as regulated in the residential zone adjoining the B-1 Zone; and if there are adjoining two or more different categories of residence zones, the regulations of the least restrictive residence zone shall prevail.

(7)

Fraternity and sorority chapter houses—and customary accessory uses.

(Ord. No. 0-17-16, § I, 10-17-2016; Ord. No. 0-6-16, § I, 2-15-2016; Ord. No. 0-133-16, § I, 11-7-2016; Ord. No. 0-145-21, § II, 12-13-2021)

(A)

Principal permitted uses: Any local retail business or service establishment supplying commodities or performing services primarily for residents of the neighborhood:

(1)

General conditions:

(a)

Business in enclosed buildings: All business, services or processing shall be conducted wholly within a completely enclosed building. Outdoor dining shall be permitted.

(b)

Production for sale at retail: All products on the premises whether primary or incidental shall be sold at retail primarily on the premises where produced.

(c)

Use must be nonobjectionable: Processes and equipment employed in goods processed or sold shall be limited to those which are not objectionable by reason of odor, dust, smoke, cinders, gas, fumes, noise, vibration, refuse matter or water carried waste.

(2)

Offices—Business and professional.

(3)

Restaurants, not including drive-in or drive-through restaurants.

(4)

Residential uses—Any use permitted and as regulated in the residential district adjoining the B-1 Zone; and if there are adjoining two or more different categories of residence zones, the regulations of the least restrictive residence zone shall prevail.

(B)

Conditionally permitted uses:

(1)

Accessory uses and structures as permitted and regulated in the R-3 zone and any other accessory uses and structures customarily accessory and incidental to any of the foregoing permitted B-1 uses.

(2)

Licensed cigarette, vapor product, or other tobacco product retail dealers. Establishments shall be at least 500 feet from a church, school, public library, public playground, public park, or any other licensed cigarette, vapor product, and other tobacco product retail dealer.

(3)

Any other retail business or service establishment determined by the board to be of the same general character as the above permitted uses, not including those which first permitted or are not permitted in the B-2 zone.

(Ord. No. 0-17-16, § I, 10-17-2016; Ord. No. 0-133-16, § I, 11-7-2016; Ord. NO. 0-145-21, § III, 12-13-2021; Ord. No. 0-17-23, § I, 5-15-2023; Ord. No. 0-65-24, § I, 8-19-2024)

(A)

Principal permitted uses. Any convenience business or general business or services establishment, subject to the following general conditions:

(1)

Residential uses are permitted only on the second story and above.

(2)

Automotive services and service stations shall be at least 50 feet from any R-Zone and shall have no openings adjoining the R-Zone, other than stationary windows and fire escapes.

(3)

Other uses: Any other retail business or service establishment or use, which determined by the BZA to be of the same general character as the above permitted uses, but not including any use first permitted or not permitted in the B-3 Zone.

(4)

"Bed and breakfast" establishments.

(5)

Hotels and motels.

(6)

Licensed cigarette, vapor product, or other tobacco product retail dealers. Establishments shall be at least 500 feet from a church, school, public library, public playground, public park, or any other licensed cigarette, vapor product, and other tobacco product retail dealer.

(7)

Cannabis establishments. No more than two establishments are allowed within the B-2 Business District and they shall be at least 500 feet from a church, school, public library, public playground, public park, or any other cannabis establishment.

(B)

Permitted accessory uses: Accessory uses and structures as permitted and as regulated in the R-3 Zone and such other accessory uses and structures, not otherwise prohibited, customarily accessory and incidental to any of the foregoing permitted uses.

(Ord. No. 0-17-16, § I, 10-17-2016; Ord. No. 0-133-16, § I, 11-7-2016; Ord. No. 0-65-24, § II, 8-19-2024)

Same as specified in B-2, except for schedule of bulk controls Table A.

(A)

Entertainment—Night clubs, theaters, billiard parlors, pool halls, bowling alleys, and similar enterprises shall be at least 100 feet from any R-Zone.

(B)

"Bed and breakfast" establishments.

(C)

Licensed cigarette, vapor product, or other tobacco product retail dealers. Establishments shall be at least 500 feet from a church, school, public library, public playground, public park, or any other licensed cigarette, vapor product, and other tobacco product retail dealer.

(D)

Cannabis establishments. No more than five establishments are allowed within the B-2D Downtown Business Zone and they shall be at least 500 feet from a church, school, public library, public playground, public park, or any other cannabis establishment.

(Ord. No. 0-137-09, § I, 12-7-2009; Ord. No. 0-17-16, § I, 10-17-2016; Ord. No. 0-133-16, § I, 11-7-2016; Ord. No. 0-65-24, § III, 8-19-2024)

(A)

Principal permitted uses: Any use permitted and as regulated in the B-2 and B-2D Zones, except as hereinafter modified in the following general conditions:

(1)

All businesses, services or processing shall be conducted wholly within a completely enclosed building, except for the sale of automobile fuel, lubricants and fluids at service stations, loading and unloading operations, parking, the outdoor display or storage of vehicles, materials and equipment and the uses specified in subsections (A)(9) and (10) below. Outdoor dining shall be permitted.

(2)

No building customarily used for night operations, such as a bakery or milk bottling and distribution station, shall have any opening, other than stationary windows or required fire escape within 100 feet of any R-Zone and any space used for loading or unloading commercial vehicles in connection with such an operation shall not be within 100 feet of any R-Zone.

(3)

Restaurants and drive-in or drive-through restaurants, provided that for any drive-in or drive-through restaurants, the speaker box or location where the business interaction with the persons in their vehicle takes place shall be at least 200 feet from any R-1 or R-2 zone.

(4)

Drive-in or drive-through establishments, provided that the speaker box or location where the business interaction with the persons in their vehicle takes place shall be at least 200 feet from any R-1 or R-2 zone.

(5)

Hospitals—Any hospital for human care, provided that buildings which are used for the treatment of contagious diseases and substance abuse, shall be at least 200 feet from any lot in any R-Zone. Minimum lot area: Two acres, 200 feet frontage, front yard depth 25 feet; side yard widths 290 feet, rear yard depths 50 feet; hospitals for contagious diseases and substance abuse; five acres, 400 feet frontage.

(6)

Animal hospitals and any enclosures or buildings in which the animals are kept—At least 200 feet from any R-Zone and at least 100 feet from any B-Zone.

(7)

Commercial recreation—At least 200 feet from any R-Zone.

(8)

Building and related trades and printing and related trade—At least 100 feet from any R-1 or R-2 Zone.

(9)

Bottling works—At least 100 feet from any R-Zone.

(10)

Miscellaneous trades and businesses—At least 50 feet from any R-Zone.

(11)

Contractors' yards and related establishments—Building material yards, not including concrete mixing, contractors' equipment storage yard or plant and rental of equipment commonly used by contractors; trucking or motor freight stations or terminals; retail lumber yards, including incidental millwork; storage and sale of grain, livestock feed or fuel; carting, express or hauling establishments, including storage of vehicles; provided such uses are conducted either:

(a)

Wholly within a completely enclosed building, except for storage of vehicles which building shall be at least 100 feet from any R-Zone, unless such building has no openings other than stationary windows and required fire exits within such distance, but at least 50 feet of any R-Zone in any case; or

(b)

When conducted within an area completely enclosed on all sides with a solid wall or solid fence not less than six feet high, but at least 200 feet of any R-Zone; provided further that all storage yards related to the uses in this paragraph shall be enclosed.

(12)

Agricultural—Nurseries, greenhouses and general farming, not including commercial animal farms or kennels provided any lot or tract in such use shall be not less than five acres in area and provided that any greenhouse heating plant or any building in which farm animals are kept shall be not less than 200 feet from every lot line.

(13)

Sexually oriented business uses:

(a)

A sexually oriented business shall not be operated or located on any parcel within 1,000 feet of:

(1)

Any building which is used primarily for religious worship and related religious activities;

(2)

A public or private school as defined in Chapter 23.10 of the zoning code;

(3)

A boundary of any residential zoning district;

(4)

A public park as defined in Chapter 23.10 of the zoning code;

(5)

Any public library; or

(6)

Any other sexually oriented business.

(b)

No such business shall be located on any parcel or operated within 500 feet of any landmark or historic district.

(c)

Such businesses shall only be located in a B-3, planned unit development, or M zone.

(d)

No advertisements, displays or other promotional materials displaying specified sexual activities or specified anatomical areas shall be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways, or from other areas public or semi-public.

(e)

All building openings, entries, windows, etc. For adult uses shall be located, covered, or serviced in such a manner as to prevent a view into the interior from any public or semi-public area, sidewalk or street. For new construction, the building shall be oriented so as to minimize any possibility of viewing the interior from public or semi-public areas.

(f)

No screens, loudspeakers or sound equipment shall be used for adult motion picture theaters (enclosed or drive-in) that can be seen or discerned by the public from public or semi-public areas.

(g)

For the purposes of this section, measurements 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 school, or to the nearest boundary of an affected public park, or residential district.

(h)

For the purposes 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.

(i)

No person shall establish, operate or cause the establishment or operation of any sexually oriented business in violation of the provisions of this section. Nothing in this section shall be construed to prohibit or limit the display, sale or rental of descriptive, printed, film or video material, or any live performance which, taken as a whole, contains serious literary, artistic, political, medical educational or scientific value.

(j)

Any sexually oriented business lawfully operating on the effective date of Section 23.04.07(13) of this code that is in violation shall be deemed a nonconforming use. A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of a church, public or private school, residential district, public park, or library within 1,000 feet, or a landmark or historic district within 500 feet, of the sexually oriented business. When a nonconforming sexually oriented business use of a structure, building, or premises is voluntarily discontinued or abandoned for more than six months, the structure, building, or premises shall not thereafter be used except in conformity with the regulations of the zoning district in which it is located.

(14)

Sweepstakes/internet café business uses:

(a)

A sweepstakes/internet café business shall not be operated or located on any parcel within 1,000 feet of:

(1)

Any building which is used primarily for religious worship and related religious activities;

(2)

A public or private school as defined in Chapter 23.10 of the zoning code;

(3)

A boundary of any residential zoning district;

(4)

A public park as defined in Chapter 23.10;

(5)

Any public library; or

(6)

Any other sweepstakes/internet café business.

(b)

No such business shall be located on any parcel or operated within 500 feet of any landmark or historic district.

(c)

Such businesses shall only be located in a B-3, Planned Unit Development, or M Zone.

(d)

For the purposes of this section, measurements 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 sweepstakes/internet café business is conducted, to the nearest property line of the premises of a church or school, or to the nearest boundary of an affected public park, or residential district.

(e)

For the purposes of this section, the distance between any two sweepstakes/internet café 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.

(f)

Any sweepstakes/internet café business lawfully operating on the effective date of Section 23.04.07(13) of this code that is in violation shall be deemed a nonconforming use. An internet café/sweepstakes business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of a church, public or private school, residential district, public park, or library within 1,000 feet, or a landmark or historic district within 500 feet, of the internet café/sweepstakes business. When a nonconforming sweepstakes/internet café business use of a structure, building, or premises is voluntarily discontinued or abandoned for more than six months except in conformity with the regulations of the zoning district in which it is located.

(15)

Licensed cigarette, vapor product, or other tobacco product retail dealers. Establishments shall be at least 500 feet from a church, school, public library, public playground, public park, or any other licensed cigarette, vapor product, and other tobacco product retail dealer.

(16)

Cannabis establishments. No more than 12 establishments are allowed within the B-3 General Business Zone and they shall be at least 500 feet from a church, school, public library, public playground, public park, or any other cannabis establishment.

(17)

Other uses. Any other use which is determined by the BZA to be of the same general character as the above permitted uses, but not including any use which is first permitted in the M-Zone, or which is prohibited in the M-Zone.

(B)

Permitted accessory uses: Accessory uses and structures as permitted and as regulated in the B-1 Zone and such other accessory uses and structures not otherwise prohibited, customarily accessory and incidental to any of the foregoing permitted B-2 uses.

(C)

Conditionally permitted uses:

(1)

Trailer parks—Parks or camps for the accommodation of trailers, provided such uses are established in accordance with and under the provisions of this title and the following conditions are complied with:

(a)

No vehicular entrance to or exit from any trailer park shall be within 200 feet along streets from any school, public playground, church, hospital, library, or institution for dependents or for children, except where such property is in another block or another street which the premises in question do not abut.

(b)

The sanitary regulations prescribed by the county board of health or other authority having jurisdiction, the regulations of the city building code and as may otherwise be required by law—shall be complied with.

(c)

Trailer parks shall comply with all area parking and yard requirements prescribed for such uses in the zone in which located.

(d)

The buildings, cabins and trailers in any campground or trailer park, together with any nonaccessory buildings already on the lot, shall not occupy in the aggregate more than 25 percent of the area of the lot.

(e)

Any enlargement or extension to any existing campground, or trailer park, shall require application for a zoning permit, as if it were a new establishment.

(f)

No enlargements or extensions to any trailer park or a campground shall be permitted unless the existing one is made to conform substantially with all the requirements for new construction for such an establishment.

(Ord. No. 0-137-09, § I, 12-7-2009; Ord. No. 0-56-11, § I, 6-13-2011; Ord. No. 0-17-23, § I, 5-15-2023; Ord. No. 0-65-24, § IV, 8-19-2024)

(A)

Principal permitted uses: Any use permitted and regulated in the B-3 Zone and any industrial use, except as hereinafter modified in the following general conditions:

(1)

Enclosed buildings—All business, services or processing shall be conducted wholly within a completely enclosed building, except for the sale of automobile fuel, lubricants, and fluids at service stations; loading and unloading operations; parking; and the outdoor display or storage of vehicles, materials and equipment.

(2)

Night operation—No building customarily used for night operations, such as a bakery or milk bottling and distribution station shall have an opening, other than stationary windows or required fire exits, within 100 feet of any R-Zone, nor shall any space used for loading or unloading commercial vehicles used in connection with such an operation be located within 100 feet of any R-Zone.

(3)

The following uses provided that no part of a building occupied by such uses shall have any opening other than stationary windows or required fire exits within 100 feet of any R-Zone:

(a)

Blacksmith, welding or other metal working shop, excluding punch presses over 20 tons rated capacity, drop hammers and other noise-producing machine-operated tools or machine shops.

(b)

Foundry, casting lightweight nonferrous metals, or electric foundry, not causing noxious fumes or odors.

(c)

Bag, carpet and rag cleaning, provided necessary equipment is installed and operated for the effective precipitation or recovery of dust.

(d)

Ice manufacturing and cold storage plant; creamery and bottling plant.

(4)

The following uses when located at least 200 feet from any R-Zone:

(a)

Flammable liquids, underground storage only, not to exceed 25,000 gallons.

(b)

Building materials sales yards including concrete mixing, lumber yards including millwork, open yards for storage and sale of feed and/or fuel.

(c)

Junk or wrecking yards enclosed by a solid board not less than six feet high.

(5)

Licensed cigarette, vapor product, or other tobacco product retail dealers. Establishments shall be at least 500 feet from a church, school, public library, public playground, public park, or any other licensed cigarette, vapor product, and other tobacco product retail dealer.

(6)

Cannabis establishments. No more than five establishments are allowed within the M-Industrial Zone and they shall be at least 500 feet from a church, school, public library, public playground, public park, or any other cannabis establishment.

(7)

Other uses. Any other use that is determined by the BZA to be of the same general character as the above permitted uses but not including any use that is conditionally permitted in the M Zone under Section 23.04.07(B) or prohibited under Section 23.04.07(C).

(B)

Permitted accessory uses: Accessory uses and structures permitted and as regulated in the B-2 Zone, except as hereinafter modified and such other uses and structures customarily accessory and incidental to any of the foregoing principal permitted uses for an M Zone.

(C)

Conditionally permitted uses: The following uses are permitted, subject to review by the BZA pursuant to Chapter 23.05 and Section 23.07.02.

(1)

Uses not expressly authorized—Any other industrial use not expressly authorized, governed or prohibited by applicable provisions of the zoning code.

(D)

Prohibited uses: All private or public housing is expressly prohibited from all M-Zones, except as provided in Chapter 23.05.

(Ord. No. 0-65-24, § V, 8-19-2024)

(A)

General conditions: Land which is to remain as open space may be used for recreation, agriculture, cemeteries, resource protection, and other purposes specified in this section. Open-space land shall not be occupied by nonrecreational buildings, roads, or road rights-of-way except as otherwise permitted. Land designated as open space shall be maintained as open space and may not be sold, subdivided, or developed except as otherwise provided. Open-space areas shall be maintained so that their uses and enjoyment as open spaces are not diminished or destroyed. Open-space areas may be owned, preserved, and maintained as required by this section by any one of the following mechanisms or combinations thereof:

(1)

Dedication of open space to the City of Athens or an appropriate public agency, if there is a public agency willing to accept the dedication.

(2)

Common ownership of the open space by a homeowner's or cemetery association which assumes full responsibility for its maintenance.

(3)

Ownership of open space by a single property owner who assumes full responsibility for its maintenance.

(B)

Principal permitted uses:

(1)

Natural areas of undisturbed vegetation or areas replanted with vegetation after construction. Woodlands, woodland swamps (hydric soils), prairies, wetlands (hydric prairies), savannah, and other types of natural areas. Maintenance is limited to removal of litter, dead trees and other plant materials. Natural water courses are to be maintained as free flowing and devoid of debris. Stream channels shall be maintained so as not to alter floodplain levels.

(2)

Garden plots for cultivation as gardens by residents of the City of Athens. Maintenance is limited to weeding and fallowing. Insect, disease, and pest control methods must be compatible with the city's wellhead protection plan.

(3)

Recreational areas designed for specific, active recreational uses such as playgrounds, tennis courts, swimming pools, ball fields, golf courses, and similar uses. Maintenance is limited to insuring that there exist no hazards, nuisances, or unhealthy conditions.

(4)

Greenways which may contain bicycle paths, footpaths, and bridle paths. Maintenance is limited to a minimum removal and avoidance of hazards, nuisances, or unhealthy conditions.

(C)

Conditionally permitted uses:

(1)

Agricultural uses compatible with the city's wellhead protection plan.

Area belonging to an educational institution (a college or university authorized by the state to award degrees) which may contain structures and facilities directly and principally connected to the institution's mission of education. These may include residential and classroom facilities, offices, research laboratories, facilities for health and wellness care, facilities for outdoor education and recreation and facilities necessary for the maintenance of buildings and grounds. Excludes any property which produces income from rent, lease, or business activities not demonstrated to have a direct and primary relationship to education activities.

A zone superimposed over base zones (underlying zones) which imposes special restrictions or specific requirements for development based on conservation of resources or specific development objectives, including but not limited to:

(A)

OL-FDP Title 25. Flood Damage Prevention. Establishes development guidelines for areas included in the "flood boundary and floodway map" (U.S. Department of Housing and Urban Development, Federal Insurance Administration [most recent edition]).

(B)

OL-FDP Title 27. Land Development. Establishes development guidelines for slope stability, water erosion, storm water run-off and sediment pollution that would affect adjoining properties or water resources.

(C)

OL-WHP Title 39. Wellhead Protection Area establishes development and protection standards for area included in the Wellhead Protection buffer.

(D)

Additional overlay zones may be added by amendments to the zoning code or by separate title in the Athens City Code.