26-1

The following Special Exceptions may be permitted in any Zone where such uses are deemed essential or desirable to the public convenience or welfare and are in harmony with the various elements or objectives of the Master Plan/Planning Document in effect. All applications for a Special Exception under this subsection shall be accompanied by a preliminary development plan that shows the location of all buildings associated with the proposed use and the number of stories contained in each building. The preliminary development plan must also show the location of all curb cuts, driving lanes, parking areas, and the location of all walls, fences and screen plantings that exist or are planned.

(a)

Church, synagogue, or other place of worship, or their related activities including, but not limited to, the care for fewer than nineteen (19) children under the age of eighteen (18) for not more than four (4) hours per day, subject to the following criteria:

(1)

A tract upon which a church is to be established shall have at least one hundred (100) feet of frontage on a collector street or an arterial street and be at least one-half acre in area.

(2)

Structures shall be set back at least twenty-five (25) feet from any property line separating the subject property from residentially zoned or developed properties.

(3)

Off-street parking shall conform to Section 4 of this Ordinance.

(4)

DELETED.

(5)

A plan illustrating compliance with the above requirements shall be submitted to the Planning Commission before the proposal is placed on the agenda. The Planning Commission shall determine that all of the foregoing requirements have been satisfied, and further, that the benefits of the proposed church are greater than any possible depreciating effects and damages to the neighboring properties.

(b)

Private schools subject to the following criteria:

(1)

A tract upon which a private school is to be established shall have at least one-hundred (100) feet of frontage on a collector street or an arterial street.

(2)

A circular drive or similar layout that discourages backing and encourages through movement of traffic shall be provided for off-street loading and unloading, and the parking layout shall conform to Section 4 of this Ordinance.

(3)

A private school shall be screened from contiguous residentially zoned or developed properties by a wall, solid fence, or vegetative buffer at least six (6) feet in height.

(4)

Signage shall comply with the SCA requirements for institutional uses.

(5)

A plan illustrating compliance with the above requirements shall be submitted to the Staff of the Augusta Planning and Development Department before the proposal is placed on the agenda. The Planning Commission shall determine that all of the foregoing requirements have been satisfied, and further, that the benefits of the proposed school are greater than any possible depreciating effects and damages to the neighboring properties.

(c)

Utility substation subject to the following criteria:

(1)

Use of the property as a substation shall be essential for service to the area in which the substation is to be located.

(2)

A tract upon which a utility substation is to be erected shall have frontage on a collector or arterial street.

(3)

No personnel shall be assigned to the site; the utility shall be unmanned.

(4)

Outside storage of vehicles, equipment, and supplies on the premises shall not be permitted.

(5)

If the base zoning is agricultural, residential, or professional, then any building or structure which exceeds 25 feet in height when measured from ground elevation shall be set back not less than fifty (50) feet from any property line.

(6)

DELETED.

(7)

A substation shall be screened from contiguous residentially zoned or developed properties by a wall, solid fence, or vegetative buffer at least six (6) feet in height.

(8)

A plan illustrating compliance with the above requirements shall be submitted to the Staff of the Augusta Planning and Development Department before the proposal is placed on the agenda. The Planning Commission shall determine that all of the foregoing requirements have been satisfied, and further, that the benefits of the proposed utility substation are greater than any possible depreciating effects and damages to the neighboring properties.

(d)

Nursing home subject to the following criteria:

(1)

A tract upon which a nursing home is to be established shall have at least one hundred (100) feet of frontage on a collector or an arterial street.

(2)

DELETED.

(3)

Off-street parking shall conform to Section 4 of this Ordinance.

(4)

Nursing homes shall not be located in areas where the health, safety, and welfare of the residents would be compromised. Examples of such areas would be those near industrial sites or other sites where environmental quality would be poor, and also areas where law enforcement records indicate that the incidence of crime is high.

(5)

A plan illustrating compliance with the above requirements shall be submitted to the Staff of the Augusta Planning and Development Department before the proposal is placed on the agenda. The Planning Commission shall determine that all of the requirements have been satisfied, and further, that the benefits of the proposed nursing home are greater than any possible depreciating effects and damages to the neighboring properties.

(e)

Adult day care facility subject to the following criteria:

(1)

A tract upon which an adult day care facility is to be established shall have at least one hundred (100) feet of frontage on a collector or an arterial street.

(2)

Off-street parking shall conform to Section 4 of this Ordinance.

(3)

An adult day care facility may not be established within twelve hundred (1200) feet of a lawfully existing family day care home, family personal care home, transition housing, or another adult day care facility located in A, R or P zones.

(4)

Adult day care facilities shall not be located in areas where the health, safety, and welfare of the residents would be compromised. Examples of such areas would be those near industrial sites or other sites where environmental quality would be poor, and also areas where law enforcement records indicate that the incidence of crime is high.

(5)

DELETED.

(6)

A plan illustrating compliance with the above requirements shall be submitted to the Staff of the Augusta Planning and Development Department before the proposal is placed on the agenda. The Planning Commission shall determine that all of the foregoing requirements have been satisfied, and further, that the benefits of the proposed adult day care facility are greater than any possible depreciating effects and damages to the neighboring properties.

(f)

Family day care home subject to the following criteria:

(1)

A family day care home may not be established within twelve hundred (1200) feet of a lawfully existing family personal care home, transition housing, adult day care facility, or another family day care home located in A, R or P zones.

(2)

There shall be adequate indoor and outdoor play areas to meet Georgia DHR standards. Outdoor play areas shall be designed for daytime use only with no special illumination, and they shall be screened from contiguous residential zones or development by a solid fence, wall or vegetative buffer at least six (6) feet in height.

(3)

Parking shall conform to Section 4 of this Ordinance.

(4)

DELETED.

(5)

Family day care homes shall not be established in areas where the health, safety, and welfare of the residents would be compromised. Examples of such areas would be those near industrial sites or other sites where environmental quality would be poor, and also areas where law enforcement records indicate that the incidence of crime is high.

(6)

A plan illustrating compliance with the above requirements shall be submitted to the Staff of the Augusta Planning and Development Department before the proposal is placed on the agenda. The Planning Commission shall determine that all of the foregoing requirements have been satisfied, and further, that the benefits of the proposed family day care home are greater than any possible depreciating effects and damages to the neighboring properties.

(g)

Transition housing subject to the following criteria:

(1)

Transition housing may not be established within twelve hundred (1200) feet of a lawfully existing family personal care home, family day care home, adult day care facility, or other transition housing in A, R or P zones.

(2)

DELETED.

(3)

Transition housing shall not be located in areas where the health, safety, and welfare of the residents would be compromised. Examples of such areas would be those near industrial sites or other sites where environmental quality would be poor, and also areas where law enforcement records indicate that the incidence of crime is high.

(4)

The Planning Commission shall determine that the foregoing requirements have been satisfied, and further, that the benefits of the proposed transition housing are greater than any possible depreciating effects and damages to neighboring properties. In conducting this balancing test, the merit of the specific proposal shall be determined by evaluating the nature of the clientele (i.e. elderly, mentally retarded, halfway home for recovering addicts, etc.) the proposed number of occupants, and the nature of the operators of the facility (homeowners, professional staff, or untrained supervisory staff, etc.).

(5)

Approval, if granted shall be for a specific proposal, and any change in the nature of the clientele or increase in the number of occupants shall require another special exception.

(h)

Family personal care home subject to the following criteria:

(1)

A family personal care home may not be established within twelve hundred (1200) feet of a lawfully existing family day care home, adult day care facility, transition housing, or another family personal care home in A, R, or P zones.

(2)

DELETED.

(3)

A family personal care home shall not be located in areas where the health, safety, and welfare of the residents would be compromised. Examples of such areas would be those near industrial sites or other sites where environmental quality would be poor, and also areas where law enforcement records indicate that the incidence of crime is high.

(4)

A family personal care home must meet the requirements set forth in Section 28-F Personal Care Homes of this ordinance.

(5)

The Planning Commission shall determine that the foregoing requirements have been satisfied, and further, that the benefits of the proposed family personal care home are greater than any possible depreciating effects and damages to neighboring properties. In conducting this balancing test, the merit of the specific proposal shall be determined by evaluating the nature of the clientele (i.e. elderly, mentally retarded, etc.), the proposed number of occupants, and the nature of the operators of the facility (homeowners, professional staff, or untrained supervisory staff, etc.).

(i)

Club (private or public), lodge (nonprofit), golf course, country club, tennis facilities, privately owned and operated recreational facility, swimming pool, fishing lake, or similar recreational use subject to the following criteria:

(1)

The minimum size tract for a golf course or country club shall be fifty (50) acres.

(2)

A tract to be developed as a golf course or country club shall have at least one hundred (100) feet of frontage on a public or private road.

(3)

Structures except fences and walls shall be set back at least fifty (50) feet from property lines separating the property from contiguous properties zoned or developed for residential use.

(4)

Lighting shall be designed so that adjacent properties are not adversely affected.

(5)

Outdoor activities shall cease at 11:00 P.M.

(6)

Lounges, clubhouses, and similar facilities shall be designed and operated for use by members and their guests, or patrons who are using the club or recreational facility. Lounges, clubhouses and similar facilities shall be located at least one hundred (100) feet from contiguous properties zoned or developed for residential use.

(7)

DELETED.

(8)

A plan illustrating compliance with the above requirements shall be submitted to the Staff of the Augusta Planning and Development Department before the proposal is placed on the agenda. The Planning Commission shall determine that all of the foregoing requirements have been satisfied, and further, that the benefits of the proposed club, privately owned and operated recreational facility, swimming pool, fishing lake, or similar recreational use are greater than any possible depreciating effects and damages to the neighboring properties.

(j)

Funeral homes subject to the following criteria:

(1)

A tract upon which a funeral home is to be established shall have at least one hundred (100) feet of frontage on a collector street or an arterial street and be at least one acre in area.

(2)

Structures shall be set back at least twenty-five (25) feet from any property line separating the subject property from residentially zoned or developed properties.

(3)

Off-street parking shall conform to Section 4 of this Ordinance.

(4)

DELETED.

(5)

A plan illustrating compliance with the above requirements shall be submitted to the Staff of the Augusta Planning and Development Department before the proposal is placed on the agenda. The Planning Commission shall determine that all of the foregoing requirements have been satisfied, and further, that the benefits of the proposed funeral home are greater than any possible depreciating effects and damages to neighboring properties.

(k)

Private hospital subject to the following criteria:

(1)

A tract upon which a private hospital is to be established shall have at least two hundred fifty (250) feet of frontage on a collector or an arterial street and be at least five acres in area.

(2)

DELETED.

(3)

Off-street parking shall conform to Section 4 of this Ordinance.

(4)

Private hospitals shall not be located in areas where the health, safety, and welfare of the patients would be compromised. Examples of such areas would be those near industrial sites or other sites where environmental quality would be poor, and also areas where law enforcement records indicate that the incidence of crime is high.

(5)

A plan illustrating compliance with the above requirements shall be submitted to the Staff of the Augusta Planning and Development Department before the proposal is placed on the agenda. The Planning Commission shall determine that all of the foregoing requirements have been satisfied, and further, that the benefits of the proposed hospital are greater than any possible depreciating effects and damages to the neighboring properties.

(l)

Airport or aircraft landing field.

(m)

Cemetery.

(n)

Sanitary Landfill

(o)

Inert Fill Area

(p)

Uses which would in any way involve detained persons, or persons who would be or have been retained from correction facilities such as halfway homes, or similar uses that in any way relate to corrections or incarceration.

(q)

Excavation of mineral deposits including but not limited to stone, sand, clay, gravel, and operations incidental thereto may be permitted subject to the following criteria:

(1)

Evidence that a Mined Land Use Plan, pursuant to 391-3-3-05 of the Georgia Environmental Rules, is being prepared for submission to Georgia E.P.D. No mining activity may be conducted without an approved Mined Land Use Plan.

(2)

Submission of a plat prepared by a Georgia Registered Land Surveyor at the time of the application showing conformance to the following spacing requirements:

(a)

No activity under this Subsection shall be conducted within 300 feet of a residence

(b)

No activity under this Subsection shall be conducted within 100 feet of an R-zone boundary unless a consent form provided by the Planning Commission and signed by the affected property owners is provided with the application.

(c)

No activity under the Subsection shall be conducted within 50 feet of any property line unless a consent form provided by the Planning Commission and signed by affected property owners is provided with the application.

(2)

Submission of supporting data at the time of application indicating that the impacts of the proposed activity including but not limited to noise, vibration, dust, stormwater, groundwater and aesthetics will not substantially diminish the quality of life of the surrounding community. This data may be part of the Mined Land Use Plan or it may be a separate submission.

(r)

Group Day Care Homes and Day Care Centers subject to the following criteria:

(1)

Such uses shall have adequate parking per Section 4 of this Ordinance.

(2)

Such uses shall not be established on property that is within 100 feet from a single family residence in a residential zone on another tract.

(3)

Such uses shall be established on tracts with at least 100 feet of frontage on a collector or arterial streets.

(4)

Such uses established in A, R. or P zones shall not be located within 1,200 feet of another use provided for in Section 26 of this Ordinance.

(5)

Such uses established in R zones shall not exceed 1.5 times the average gross floor area of single family homes located within 300 feet of the property to be occupied by the day care center.

(6)

Such uses established in R zones may operate only between the hours of 6:00 A.M. and 9:00 P.M., after which time all activities must cease and all illumination other than typical residential security lighting shall be eliminated.

(7)

Such uses shall require approval of a site plan and conformance to the Augusta Tree Ordinance.

(8)

Signage for such uses located in R zones shall be as permitted in the P-1 zone.

(s)

Crematoriums- subject to the following restrictions and regulations.

(a)

Cremation facilities are allowed as an accessory use wherein the funeral home is identified as the primary use.

(b)

Accessory cremation facilities shall be located at least two hundred (200) feet from contiguous properties zoned or developed for residential use.

(c)

Cremation facilities that are considered "stand-alone" shall be located at least two thousand five hundred (2,500) feet from contiguous properties zoned or developed for residential use.

(d)

Cremation facilities shall be consistent with all applicable state permit and licensing requirements.

(e)

No crematory incinerator shall have a discharge of smoke that exceeds ten percent (10%) ambient air.

(f)

The owner/operator shall record the hours of operation and total daily cremation rate for the facility:

1.

No cremation activity on Monday - Friday between the hours of 5 PM - 9 PM and during the weekend, 4 PM - 9 PM. Such activity shall not include the cooling down period of the furnace which may take 1 to 2 hours.

2.

Each human crematory operation shall record the daily cremation rate in bodies per day.

3.

Each animal crematory operation shall record the daily cremation rate in pounds per day.

(g)

Cremation facilities shall be consistent with all applicable state permit and licensing requirements.

(h)

Records of the daily cremation rate and the facility's hours of operation shall be maintained on site in written or electronic logs.

(u)

Lodging or Boarding House shall conform to the following performance standards:

(1)

The Lodging or Boarding House (herein referred to as House) must meet all code requirements for health, safety, and welfare of the occupants. Plans must be submitted for review by the Building Department and Fire Department. Plans must conform to the following, but may not be limited to:

a)

International Building Code

b)

International Plumbing Code

c)

International Mechanical Code

d)

International Gas Code

e)

National Electric Code

f)

ADA

g)

Life Safety Codes

h)

International Energy Conservation Code

Proof of compliance must be submitted with the application for Certificate of Occupancy and/or business license.

(2)

The maximum number of residents allowed for the House is dependent upon the specifications in the Home Design Requirements Section below and compliance with Building and Fire Dept. occupancy and safety determination. Under no circumstances may the House exceed the determined occupancy.

(3)

Only the primary residential structure may be utilized for the purposes of this request. No accessory structure may be constructed or modified to accommodate residents.

(4)

Upon approval of the House an applicant shall make no alternations or additions to the structure for the purpose of increasing the occupancy unless an amended application is presented and approved.

(5)

If the House fails to maintain compliance with all building, safety, health, and zoning requirements it shall be grounds for termination of the Special Exception and/or business license and the owner/operate shall thereafter be required to discontinue the use of the premises as a Lodging House or Boarding House.

(6)

Home Design Requirements:

*The House must comply with all ADA requirements.

(7)

Off Street Parking Requirements:

Off-Street parking must be provided at one (1) space for each two (2) beds and one (1) space for the owner/resident manager.

(Allowance may be made by the Planning and Development Staff, on a case by case basis, if public transportation is available/utilized by the residents and/or on-street parking is available.)

( Ord. No. 7633 , § X, 8-21-2018)

Section 26-2.

Any use, other than churches or church related activities approved under 26-1(A), established as a result of a Special Exception granted per Subsection 26-1 must be initiated within six (6) months of the granting, or the Special Exception shall no longer be valid. Special Exceptions for churches or church related activities granted per 26-1 shall initiate a use within five (5) years of the granting, or the Special Exception shall no longer be valid. The initiation of a use is established by the issuance of a valid business license by the Augusta Planning and Development Department or by other reasonable proof of the establishment of vested rights. If a Special Exception is granted and the use is initiated but later ceases to operate for a period of one (1) year, then the Special Exception shall no longer be valid.

_____

Amended - August 2015 - Section 26-1(s)

Amended - June 2015 - Section 26-1(h)(4)

Amended - June 2013 - Section 26-1(b)

Amended - May 2013 - added Section 26-1(r)

Amended - July 2011 - Section 26-1(a)

Amended - September 2010, 26-1(q)(1)

Amended - November 2007, Section 26-1(q)

Amended - August 2006, Section 26-2

Amended - Sept. 2004, Section 26-2

OTHER REGULATED USES