9.1.1 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: A use that provides care, assistance with personal services and/or supervision for adults for more than four (4) hours and less than twenty-four (24) hours per day. Uses providing medical services or assistance with medical or rehabilitative treatment are not included.

Assisted-living facility: 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: A use that provides care, assistance with personal services and/or supervision for children for more than four (4) hours and less than twenty-four (24) hours per day. Uses providing medical services or assistance with medical or rehabilitative treatment are not included.

Disability: 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. A "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 U.S.C. 802 or successor law. "Major life activities" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. "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: 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 Title 31.

Group home (non-disability): 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 Georgia Department of Human Resources, but that does not meet the definition of "Group Home for Persons with a Disability."

Home for the aged: A use comprising 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: A facility 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 thirty (30) days. See Sec. 9.1.2.

Hospice: 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 U.S.C. § 3601 et seq.

Kindergarten: 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: The same as a "Child Day Care."

Nursing home: 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. Such facility 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: The same as a "Homeless Shelter."

Rehabilitation facility: A facility (residential or non-residential) 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. See Sec. 9.1.2.

Rest home: The same as a "Home for the Aged."

Retirement home: The same as a "Home for the Aged."

Shelter care facility: The same as a "Homeless Shelter."

9.1.2 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 twenty-five (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.

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

(A)

Group Homes for Persons with Disabilities, for six or fewer residents (not including resident staff), are permitted in A-1, RE-1, RE-2, R-1, R-2, R-3 and R-4. 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 Georgia Department of Human Resources; and that:

i.

There is no external signage or other evidence of the use of the dwelling as other than a residential dwelling unit;

ii.

The dwelling shall maintain its residential appearance;

iii.

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

iv.

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

(B)

Group Homes for Persons with Disabilities (no size limit), are permitted in C-1.

(C)

Group Homes (Non-Disability) are permitted in C-1.

(D)

In home child day cares and kindergartens, for six or fewer children, are permitted in A-1, RE-1, RE-2, R-1, R-2, R-3, and R-4 districts. Please refer to the individual district regulations for more specific requirements, including generally the requirements that they shall have at least thirty-five (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 (6) feet and provided further that, prior to the application, the applicant shall show proof of registration and licensing as required by the Georgia Department of Human Resources

(E)

Child day cares, adult day cares and kindergartens are permitted in the C-N district, in accordance with the requirements of that district.

(F)

In C-1, 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.

(Ord. of 7-21-2021(4))

Golf Course Communities or Country Club Communities are authorized as conditional uses in the A-1 District, when located on lands comprising one hundred (100) acres or more, provided that at USGA Regulation 18-hole golf course is constructed first or simultaneously with the housing. Residential development in a golf course community or country club community shall comply with the requirements of the R-1 district as to lot size, width, setback and yard requirements. A 50-foot buffer, meeting the standards of Sec. 8.2.5, is required for all external boundaries of the property, to screen all neighbors. The applicant must present a plat for the proposed community, and the conditional rezoning, if granted, shall be conditioned to the plat. The Golf Course must remain perpetually a golf course for the community, and cannot be developed into a subdivision at a future date. The covenants on the community shall reflect this requirement.

(Ord. of 7-21-2021(4))

9.3.1 A resort community is a large, mixed-use development centered around a golf course and hotel, and may contain residential development, recreational activities and related amenities and limited commercial development. To qualify as a resort community, a project must contain the following: 1) a minimum of three hundred (300) acres; 2) a minimum of one (1) regulation 18-hole golf course (i.e., contains a variety of par three, par four and par five holes, and is at least 5,200 yards in length and at least par 66); 3) fifty room hotel, or greater (not a motel; internal access rooms only); and 4) At least twenty-five percent (25%) of the gross acreage of the resort community must be non-impervious areas, which may include, but are not limited to, open space, golf courses and related areas, undisturbed natural areas, water courses, flood plains, wetlands, landscaped areas, parks, buffers and historic preservation areas. All external boundaries of the resort community must contain a fifty (50) foot buffer, meeting the requirements of Sec. 8.2.5.

9.3.2 The following are permitted uses in a resort community:

(A)

Residential development at a maximum total allowable density of two (2) dwelling units per gross acre, including all single-family and multi-family development. Residential development is not permissible until the 18-hole golf course is completed and operating. Single-family development and multi-family development is permissible, but manufactured houses are prohibited. For residential single-family development, minimum lot size shall be 5,000 square feet, minimum lot width shall be 40 feet measured at front street right-of-way line. For multi-family development, including apartments and fee simple townhouses, the provisions of Sec. 7.6. shall apply. Residential dwelling units may be made available for rent to guests on a temporary basis on such terms as are customarily available in a resort community.

(B)

Hotels, which may be located in one or more buildings, containing at least 50 internal access rooms, and which may also contain suites/cabanas with external access, conference centers, reception and catering facilities for social and business-related purposes, restaurants and associated buildings, and offices necessary for the management and operation of the resort, including, without limitation, marketing, rental property management and sales offices.

(C)

Mixed-use residential-commercial (not to exceed ten percent (10%) of all allowable residential units).

(D)

Places of worship.

(E)

Wellness clinics and spas offering limited medical care, including therapy and diagnostic testing in conjunction with rest and rejuvenation, but not hospitals, nursing homes or any facility requiring a certificate of need from the State of Georgia. Only guests at the resort or residents may use such facilities.

(F)

In addition to the commercial and retail areas located in golf or other recreational shops, clubhouses or hotels within the resort community, limited retail and commercial uses, in compliance with the provisions of Sec. 7.10, and designed to serve the guests and residents of the resort community. Commercial uses shall not exceed three percent (3%) of the gross acreage of the resort community.

(G)

Recreational, sporting, and cultural facilities and amenities, both indoor and outdoor, including, without limitation, clubhouses and pro shops, golf courses, tennis courts, playgrounds and children's activity facilities, swimming pools and water activity facilities, spas, fitness centers, stables, sports fields and courts, skeet and target-shooting ranges, cultural and educational centers and performance stages.

(H)

All legal conforming buildings and all legal conforming uses of land and/or buildings existing within a resort community on August 6, 2003. Any building or use of any land and/or building within a resort community which is the subject of a conditional use permit on August 6, 2003 and which has not otherwise been established as a permitted use pursuant to this Section shall continue as a conditional use in accordance with the provisions of such conditional use permit.

9.3.3 The following development standards shall apply in a resort community so as to promote a higher standard of quality, preservation and community aesthetics.

(A)

All single-family lots less than one-half acre shall be planned in a village-style or similar cluster-type arrangement such as to promote preservation of natural areas or development of previous spaces such as landscaped areas, parks, amenities and open spaces. To accommodate such planning, front and rear setbacks may be reduced to a minimum of five feet, and the minimum side setback may be reduced as low as zero feet on one side so long as aggregate of the two side setbacks shall be at least 10 feet.

(B)

Roads within a resort community shall be either a Neighborhood Collector street, a Neighborhood Street, or an Alley.

i.

A "Neighborhood Collector street" shall be defined as a through road that has more than four Neighborhood Streets intersecting it. A Neighborhood Collector street shall have a fifty (50) foot right-of-way inclusive of twenty (20) feet of pavement and two feet of rolled curb gutter on each side, and a maximum slope of eighteen percent (18%).

ii.

A "Neighborhood Street" shall be defined as any road within a resort community that is not a Neighborhood Collector street. A Neighborhood Street shall have a forty (40) foot right-of-way inclusive of eighteen (18) feet of pavement and the option of having no gutter where conditions permit or two feet of rolled curb gutter on each side, and a maximum slope of eighteen percent (18%).

iii.

"Alleys," as said term is used in this Section, means minor ways on which such lots will abut and which are intended to provide means of vehicular access to and parking for the dwelling unit on such lot, minimum width fourteen (14) feet.

(C)

Rural ditch sections may be used for stormwater conveyance.

(D)

Walking trails of either pervious or impervious surface shall be developed to provide pedestrian access throughout the community. Such trails may include the use of walkways and bridges where necessary to promote pedestrian enjoyment of watercourse areas. Wherever such trails are not practical, sidewalks of at least four (4) feet in width shall be provided on one side of the street.

(E)

Street right-of-ways may be used for the planting, placement or location of trees, monumentation, signage, lighting, roundabouts or rotaries, and architectural elements, such as benches, gazebos or fountains.

(F)

All utility lines shall be installed underground.

(G)

Access to a resort community may be by way of a secured, controlled or gated entry, provided that entry into the resort community is available at all times for emergency vehicles, utility providers, municipal services, such as trash collection, meter reading and fire and law enforcement personnel.

(H)

All roads, alleys, drainage, stormwater management facilities, and rights-of-way within a resort community shall be private, and shall be maintained by the resort community. All deeds for conveyance of property within a resort community shall contain the following statement in bold capital letters: "THE GRANTEE HEREIN ACKNOWLEDGES THAT ALL STREETS, DRAINAGE FACILITIES, AND STORMWATER MANAGEMENT FACILITIES IN THE RESORT COMMUNITY ARE PRIVATE, AND ARE NEITHER MAINTAINED NOR OWNED BY BARTOW COUNTY; MAINTENANCE AND UPKEEP ARE THE RESPONSIBILITY OF THE RESORT COMMUNITY." All plats and site plans for development shall contain similar language.

(I)

Dwelling units within a resort community may front on a park, golf course or other open space with primary pedestrian and vehicular access provided to such dwelling unit from an alley.

(J)

Off-street parking and off-street loading requirements of the Ordinance shall not apply to resort communities, except that all parking for residents, guests and for any special events held on such communities must be located on resort community property and not on County rights-of-way or other private property.

(Ord. of 7-21-2021(4))

9.4.1 Permitted landfills/disposal facilities are classified into three types:

1)

inert waste landfills;

2)

construction and demolition (C & D) landfills; and

3)

municipal solid waste (MSW) landfills.

Each type of landfill is defined below. Inert waste landfills are permitted as of right in the M-1 district, and permitted as conditional uses in the I-1 and I-2 districts. C&D and MSW landfills are only permitted as conditional uses in the I-2 district. Landfills that are not permitted in any district include hazardous waste landfills. In the event a solid waste disposal facility is sought to be constructed that is not covered specifically herein, the Zoning Administrator shall make a determination as to what use it is most closely related to and apply the relevant regulations. This Section incorporates by reference the definitions contained in O.C.G.A. § 12-8-22 and DNR Rule 391-3-4-.01.

Types of Disposal Facilities:

(A)

"Inert Waste Landfill" means a disposal facility accepting only wastes that will not or are not likely to cause production of leachate of environmental concern. Such wastes are limited to earth and earth-like products, concrete, cured asphalt, rocks, bricks, yard trimmings, stumps, limbs, and leaves. This definition excludes industrial and demolition waste not specifically listed above.

(B)

"Construction/Demolition Waste Landfill" means a disposal facility accepting only waste building materials and rubble resulting from construction, remodeling, repair, and demolition operations on pavements, houses, commercial buildings and other structures. Such waste include, but are not limited to, wood, bricks, metal, concrete, wall board, paper, cardboard, inert waste landfill material, and other nonputrescible wastes which have a low potential for groundwater contamination.

(C)

"Municipal Solid Waste Landfill" means any facility or location where the final deposition of any amount of municipal solid waste occurs, whether or not mixed with or including commercial or industrial solid waste, and includes, but is not limited to, municipal solid waste landfills and municipal solid waste thermal treatment technology facilities. "Municipal solid waste" means any solid waste derived from households, including garbage, trash, and sanitary waste in septic tanks and means solid waste from single-family and multifamily residences, hotels and motels, bunkhouses, campgrounds, picnic grounds, and day use recreation areas. The term includes yard trimmings, construction or demolition waste, and commercial solid waste but does not include solid waste from mining, agricultural, or silvicultural operations or industrial processes or operations.

(D)

"Hazardous Waste Disposal Facility." Hazardous waste landfills are prohibited, and hazardous waste (which means any solid waste which has been defined as hazardous waste in regulations promulgated by the Board of Natural Resources, Chapter 391-3-11.) may not be disposed of in inert, construction/demolition, or solid waste landfills.

9.4.2 Regulations Applying to C & D and MSW Landfills/Disposal Facilities.

(A)

Any C & D or MSW landfill/disposal facility must be located on a minimum of 250 acres. The landfill "cell" area (that is, holding actual waste) may not exceed 30% of the total acreage, with landfill operations areas (i.e., "cells" plus scales, offices, storage, other buildings, etc.) not exceeding 40%. No landfill cell may exceed 60 feet in height from the original grade, when fully filled, covered and vegetated. No more than 10 acres of the property can be active landfill cell at any one time.

(B)

All landfill cell areas and landfill operations areas must be surrounded by a chain link fence at least six (6) feet high and topped with anti-climbing devices. The boundary of the landfill property (either inside or outside the vegetated buffer) must be surrounded by a wooden privacy fence, at least eight (8) feet high.

(C)

All C & D and MSW landfills must be surrounded by a buffer at least one thousand (1,000) feet thick, located on the landfill property. The buffer must be sufficiently vegetated to be completely opaque and prevent viewing of any landfill cell at all times of the year. At least 500 feet of the buffer must be vegetated, even if plantings are required; the planting plan shall be approved by the Zoning Administrator. The buffer must also comply with all requirements and specifications of Sec. 8.2.5 which do not conflict with these requirements.

(D)

No landfill cell may be located within two thousand (2,000) feet of any residential dwelling (so used at the time of application for the permit). No landfill cell may be located within two-hundred fifty (250) feet of a wetland, groundwater recharge area, lake or other body of water, floodplain, stream or river.

9.4.3 Regulations applying to inert landfills.

(A)

Any inert landfill must be located on a minimum of 50 acres. The landfill "cell" area (actual waste disposal area) may not approach within 100 feet of the property line. No landfill cell may exceed 30 feet in height above the surrounding topography, when fully filled, covered and vegetated.

(B)

All landfill cell areas and landfill operations areas must be surrounded by a chain link fence at least six (6) feet high and topped with anti-climbing devices.

(C)

All inert landfills must be surrounded by a vegetated buffer at least one hundred (100) feet thick, located on the landfill property. The buffer must be sufficiently vegetated to be completely opaque and prevent viewing of any landfill cell at all times of the year. If plantings are required to meet this standard, the planting plan shall be approved by the Zoning Administrator. The buffer must also comply with all requirements and specifications of Sec. 8.2.5 which do not conflict with these requirements.

9.4.4 Regulations applying to all landfills and disposal facilities.

(A)

All lights at landfill/disposal facilities shall be downward firing and shielded. Hours of operation of any landfill shall be no greater than 8:00 a.m. to 5:00 p.m. Monday to Friday, 8:00 a.m. to 4:00 p.m. Saturday. No operation allowed on Sunday.

(B)

A landfill/disposal facility shall only be permitted where all County roads used for access have been built to a standard sufficient to withstand the projected number of trips per day at maximum weight for the vehicles expected. If a landfill is proposed adjacent to County roads that are not sufficient, according to the County Engineer, to withstand the loads, or were not designed for such loads, the landfill owner may pay to bring such roads up to standard from the entrance(s) of the landfill to the nearest County or State road of sufficient strength; or the landfill shall be denied. Truck traffic shall be restricted to roads of sufficient strength.

9.4.5 An application for a conditional use permit for a landfill shall also submit the following information, in addition to other conditional use requirements:

(A)

A topographic site plan showing the proposed landfill, all surrounding uses in a ½-mile radius, the zoning on all adjacent parcels, the location of the landfill cells, all buffers and fences, highlighting land sloping 25% or more, and showing such other information as may be required by the Zoning Administrator.

(B)

Proximity to airports, sailports, private airstrips and similar uses within ten miles shall be indicated. Proximity to national historic sites within five miles shall be indicated.

(C)

A report from a geologist of the soil conditions on the landfill, discussing the topography (especially any steep slopes), the substrata, and any geologic hazards or relevant conditions on the property, as well as giving an opinion as to the property's suitability for the type of landfill proposed.

(D)

A site plan prepared by a qualified engineer depicting all floodplains, streams and rivers, watershed areas, wetlands, and groundwater recharge areas within ½ mile of the subject property (including on the subject property), as well as showing the location of the landfill and the landfill cells to those features, showing all buffers and setbacks. The plan shall also depict all water wells within ½ mile of the landfill cells.

(E)

A plan showing access, ingress and egress, including mechanisms to keep dust down and dirt off county roads. All access roads to landfill cells must be paved, and a truck cleaning station must be used at any exit. An estimate of daily truck traffic shall be provided, and entrances shall be located to minimize traffic hazards, with accelerate/decelerate lanes provided.

(F)

A traffic plan showing ingress and egress, number of trips per day, vehicle type, and maximum weight of vehicles expected.

(G)

A determination of plan consistency obtained under the Bartow County Joint Solid Waste Management Plan showing that the landfill is consistent with the JSWMP. This should be obtained prior to seeking a conditional use permit.

9.4.6 In addition to the conditional use criteria in Article XVI, in considering a conditional use application for a landfill, the following additional criteria shall also apply:

(A)

Is the property and general area suitable for a landfill, considering geography, wetlands, streams and rivers, watersheds, groundwater recharge areas, adjacent uses and zoning, airports, national historic sites, jurisdictional boundaries and similar criteria?

(B)

Do the property and site plan meet all the buffer requirements relating to landfills?

(C)

Will the landfill have any negative impacts on the adjacent properties?

(D)

Are access, ingress and egress adequately provided for, considering the volume of traffic expected?

(E)

Is the use consistent with the Future Land Use Map, the Bartow County Comprehensive Plan, the pattern of development in the area, and the Bartow County Joint Solid Waste Management Plan?

(Ord. of 7-21-2021(4); Ord. of 12-6-2023(4), § V)

9.5.1 Recovered Materials Processing Facilities and Solid Waste Handling Facilities (referred to in this section as "Facility") are permitted as a conditional use in the I-2 Heavy Industrial District.

9.5.2 "Recovered Materials Processing Facility" means a facility engaged solely in the storage, processing, and resale or reuse of recovered materials; also known as a "recycling facility." Such definition shall not include a solid waste handling facility; provided, however, any solid waste generated by such facility shall be subject to all applicable laws and regulations relating to such solid waste. "Solid Waste Handling Facility" means any facility (including a composting facility), the primary purpose of which is the storage, collection, transportation, treatment, utilization, processing, or disposal, or any combination thereof, of solid waste. "Recovered Materials" means those materials which have known use, reuse, or recycling potential; can be feasibly used, reused or recycled; and have been diverted or removed from the solid waste stream for sale, use, reuse, or recycling, whether or not requiring subsequent separation and processing. "Recycling" means any process by which materials which would otherwise become solid waste are collected, separated, or processed and reused or returned to use in the form of raw materials or products.

9.5.3 Any Facility must be located on a minimum of 50 acres. The active waste handling area (that is, an area for handling, storing, collecting, processing, treating, etc. waste) must be in an enclosed structure.

9.5.4 The boundary of the Facility property (either inside or outside the vegetated buffer) must be surrounded by a wooden privacy fence, at least eight (8) feet high. Any active waste handling area must be surrounded by a chain-link fence at least six (6) feet high and topped with anti-climbing devices.

9.5.5 The standard I-2 buffers shall apply, although the Planning Commission and County Commissioner can increase buffers through zoning conditions if it is deemed appropriate. At least 100 feet of the buffer must be vegetated, even if plantings are required; the planting plan shall be approved by the Zoning Administrator. The buffer must also comply with all requirements and specifications of Sec. 8.2.5 which do not conflict with these requirements.

9.5.6 No waste handling area (as measured from the chain link fence boundary) may be located within one thousand (1,000) feet of any residential dwelling (so used at the time of the application). Waste handling areas may not be located within two-hundred fifty (250) feet of a wetland, groundwater recharge area, lake or other body of water, floodplain, stream or river.

9.5.7 All lights at a Facility shall be downward firing and shielded. Hours of operation of any Facility shall be no greater than 8:00 a.m. to 5:00 p.m. Monday to Friday, 8:00 a.m. to 4:00 p.m. Saturday. No operation allowed on Sunday.

9.5.8 The requirements of Sec. 9.4.7 regarding roads (replacing the word "landfill" as used in that section with the word "Facility") shall apply.

9.5.9 An application for a conditional use permit for a Facility shall also submit the information required in Sec. 9.4.8 (replacing the word "landfill" as used in that section with the word "Facility") in addition to other conditional use requirements.

9.5.10 In addition to the conditional use criteria in Article XVI, in considering a conditional use application for a Facility, the following additional criteria shall also apply:

(A)

Is the property and general area suitable for a Facility, considering geography, wetlands, streams and rivers, watersheds, groundwater recharge areas, adjacent uses and zoning, airports, national historic sites, jurisdictional boundaries and similar criteria?

(B)

Do the property and site plan meet all the buffer requirements relating to Facilities?

(C)

Will the Facility have any negative impacts on the adjacent properties?

(D)

Are access, ingress and egress adequately provided for, considering the volume of traffic expected?

(E)

Is the use consistent with the Future Land Use Map, the Bartow County Comprehensive Plan, the pattern of development in the area, and the applicable solid waste management plan?

(Ord. of 7-21-2021(4); Ord. of 12-6-2023(4), §§ VI—VIII)

Any junk yard (including salvage yards and scrap yards), whether preexisting or new, shall maintain a 25-foot buffer that complies with the standards of Sec. 8.2.5 of this Ordinance. 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.

(Ord. of 7-21-2021(4))

9.7.1 Family plots. Family plots are burial grounds restricted to members of the family owning the land. Family plots are permitted in the A-1 district, not to exceed twelve grave sites, and only on lots of five acres or greater. Family plots must be located in the rear yard of said property, at least twenty-five (25) feet from the side and rear lot line. Such plots must comply with all other state regulations regarding burial.

9.7.2 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 conditional accessory uses to churches, and are permitted in the A-1 district as a conditional use. All cemeteries must be located on at least five acres, and shall have a twenty-five (25) foot vegetative buffer where adjacent to any residentially-zoned or used property.

9.7.3 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.

(Ord. of 7-21-2021(4))

A special event permit shall be required for any event featuring the use or firing of firearms, such as shooting exhibitions, historical reenactments, target shooting matches, gun shoots, shooting festivals and similar events, unless taking place at an existing and lawfully-permitted firing range. The applicant shall apply to the Zoning Administrator at least 14 days prior to the event for the permit, providing such information as is required by the Zoning Administrator to make a determination. Any such event shall be permitted only on lots of at least 100 acres, with all firing to take place at least 1000 feet from the property line, and only between the hours of 8:00 a.m. and 5:00 p.m. The site must be adequate to provide sufficient parking for the event. The permit shall be denied if the event cannot meet these criteria, or if in the discretion of the Zoning Administrator, it would create a traffic hazard, safety hazard, or public nuisance. A denial may be appealed to the Commissioner of Bartow County. Permits shall be limited to one day. The Zoning Administrator shall notify the Bartow County Sheriff's Office and Bureau of Alcohol, Tobacco and Firearms regarding the event. Organized hunting events such as dove shoots or quail hunting events are exempt from this requirement, but any such event featuring more than 25 participants must notify the Zoning Administrator at least five days in advance.

(Ord. of 7-21-2021(4))