Any pre-existing lawful non-conforming use of or vested right to use any building, structure or land existing at the time of the adoption of this Ordinance (September 22, 1993), or the adoption of any amendment hereto, may be continued subject to the restrictions contained in this Ordinance, even though such use does not conform with the regulations of this Ordinance, except that:

6.1.1 A non-conforming use or structure shall not be changed to another non-conforming use.

6.1.2 A non-conforming use or structure shall not be expanded, extended, or enlarged beyond the area of use, size of operation, and/or the size of the structures existing at the time the use became non-conforming unless an applicant first obtains conditional use approval per Article XVI if it is determined by the Commissioner of Bartow County that said use will not be detrimental to the neighboring properties and is not contrary to the intent of this chapter. A non-conforming use cannot be expanded onto another parcel or tract of land. A non-conforming use on a portion of a single lot or tract of land may not be expanded even within that lot or tract of land to portions that were not in use at the time the use became non-conforming. For example, if a non-conforming junk yard (including all offices, junk cars, equipment and other piles of junk) was occupying 10 acres of a 50-acre tract of land when it became non-conforming, the use may not be expanded onto the other 40 acres. Similarly, no building containing a non-conforming use can be expanded or enlarged.

6.1.3 A non-conforming use or structure shall not be re-established after discontinuance for one year regardless of any reservation of an intent not to abandon.

6.1.4 A non-conforming use or structure shall not be rebuilt, altered, or repaired except as provided herein:

(A)

If the structure is altered or repaired, said alterations or repairs shall be in conformity with the building codes in force at the time of said alteration or repair; provided, however, that said alteration or repair shall not extend or enlarge the structure being altered or repaired except to bring the structure into conformity with the ordinance;

(B)

If the structure is totally rebuilt or replaced, the replacement structure shall conform to all the requirements of this ordinance with the following exception: if a conventional site-built single-family house is proposed on an existing lot of record one acre or less in size in a similar location to the previously demolished residence within one year of demolition, the zoning administrator, after obtaining input from the building official, may allow the house to be built back within the current required setbacks.

6.1.5 Non-conforming manufactured home parks may continue in existence, but all manufactured homes shall be maintained in safe and sanitary condition. It is the intent of this ordinance that non-conforming manufactured home parks should either be properly rezoned, if appropriate under the standards for the exercise of the zoning power, or they should be transitioned to a more appropriate use over time. Therefore, unless the property is properly rezoned and made conforming, no more manufactured homes shall be allowed in the non-conforming manufactured home park than when the park became non-conforming, and no existing manufactured home shall be replaced except in conformance with subsections 6.1.3 and 6.1.4 above.

(Ord. of 7-21-2021(4); Ord. of 8-9-2023, § VI)

Unless specifically permitted as a use under the following provisions or other applicable provisions of Article VII, no business or commercial enterprise may operate in a residentially-zoned district, including A-1 and any R district (R-1, R-2, etc.). A home occupation must be a use that is clearly incidental and secondary to the use of the residentially-zoned property for residential uses and does not change the character thereof or reveal from the road or adjoining properties that the property is being used for non-residential use purposes. At no time shall a home occupation become a nuisance or hazard to the county, including specifically, but not limited to, adjacent and adjoining properties. Nuisances shall be abated under the provisions of Section 6.18.

The following provisions apply to home occupations:

A.

Dwelling. The occupation carried on within the dwelling unit shall not occupy an excess of 30 percent of the residence. The dwelling shall maintain its residential appearance. A home occupation must be a use that is clearly incidental and secondary to the use of the dwelling as a residence and does not change the character thereof or reveal from the exterior that the dwelling is being used in part for other than a residence.

B.

Accessory structure. If an accessory structure is used, the structure shall only be used for storage; an accessory structure on a residentially-zoned property is not authorized for commercial activities to occur within the structure.

C.

Employees. The occupation shall be conducted by full-time occupants of the residence and a maximum of one additional employee.

D.

External display and storage of products prohibited. There shall be no external display of products or storage of equipment or any other externally visible evidence of the occupation, business, or profession.

E.

Nuisance. There shall be no emission of smoke, dust, odor, fumes, glare, noise, vibration, electrical or electronic disturbance detectable at the lot line or beyond.

F.

Prohibited equipment and materials. There shall be no chemical, mechanical or electrical equipment on the premises other than that normally found in a purely domestic residence. Chemical equipment shall also include any chemicals which are not normally found in a purely domestic residence.

G.

Parking and business-use/commercial vehicles. No on-street parking of business-use/commercial vehicles shall be permitted at any time. The number of business-use/commercial vehicles shall be limited to two. Examples of a business-use/commercial vehicle would include, but not be limited to, a heavy truck intended for the loading/hauling of materials; and a vehicle designed for towing semi-trailers (tractor-trailer trucks). A passenger vehicle such as a Ford F-150 truck; Honda Civic car; or Toyota RAV-4 sport utility vehicle would not count as a business-use/commercial vehicle.

H.

Allowable home occupations. The following uses are examples of allowable home occupations:

1)

Arts and crafts.

2)

Attorneys, Accountants, Insurance agents, Real estate agents, and other office uses.

3)

Contractor offices (i.e., painting, cleaning, yard maintenance, building) but not including outside storage of equipment, materials, or vehicles.

4)

Counselors, psychological therapists, and similar uses.

5)

Home marketing (e.g., Amway, Mary Kay, Tupperware, etc.), mail order marketing of items, and similar uses.

6)

In-home childcare, but not more than six children at a time, including the caregiver's own preschool-aged children.

7)

In-home retail operations for sales (typically online) in which sales activity on a daily basis does not occur at the residence.

8)

Musician's and artist's studio.

9)

Tutoring of all types, but limited to four pupils at one time.

10)

Upholstery alterations and repair.

11)

Other similar uses as approved by the zoning administrator or his/her designee.

I.

Occupations which are not allowed (prohibited). The following uses are examples of home occupations which are not allowed:

1)

Animal grooming and similar pet related businesses on lots less than five acres. Kennels require a minimum of 15 acres and require conditional use approval.

2)

Automobile sales, service, auctions, detailing, paint and body, repair, tire shops or scrap tire processing operations, and similar automotive related uses.

3)

Dentists, medical doctors, chiropractors, or any practice of physical and/or medical application.

4)

Junk yards, including automobile junk yards, scrap yards, salvage yards or other salvage operations.

5)

Manufacturing, fabrication, processing, welding, metal forging, machine shops, or similar operations.

6)

Massage therapy or similar services.

7)

Retail sales of goods and/or services in which purchases and/or exchange of goods between buyer and seller occur on a daily basis at the residence.

8)

Other similar uses determined by the zoning administrator or his/her designee to be not allowed (prohibited) based on the provisions of this section.

(Ord. of 8-9-2023, § VII)

Editor's note— Ord. of 8-9-2023, § VII, repealed the former § 6.2, and enacted a new § 6.2 as set out herein. The former section pertained to operation of business from residential district prohibited and derived from Ord. of 7-21-2021(4).

Editor's note— Ord. of 8-9-2023, § VII, repealed § 6.3, which pertained to home offices and derived from Ord. of 7-21-2021(4).

Editor's note— Ord. of 8-9-2023, § VII, repealed § 6.4, which pertained to home occupations and derived from Ord. of 7-21-2021(4); and Ord. of 1-5-2022(1).

No lot may be used for temporary or permanent residential living quarters unless a permanent dwelling unit has been lawfully erected on the lot, pursuant to the provisions of this Ordinance and applicable building and safety codes. Indications that a property is being used as temporary or permanent residential living quarters include actions such as spending significant time at the location on more than one day; repeated eating and sleeping at the location; performing other life activities at the location repeatedly; activating electrical, water, septic, and/or other utilities to serve a structure not allowed (prohibited) for everyday living.

Tents, boats, RV campers, shipping containers, tiny houses, storage buildings, and other structures that are not permitted permanent dwelling units cannot be occupied either on a permanent or temporary basis on a residential lot, except that tents may be occupied for no more than three (3) days in any two-month period when erected in the rear yard of a permanent dwelling unit.

(Ord. of 7-21-2021(4); Ord. of 8-9-2023, § VIII)

No recreational vehicle shall otherwise be occupied as a temporary or permanent residential living quarter except in conformance with this Section or the provisions of the Bartow County Campground Standards Ordinance.

Recreational vehicles can be occupied as temporary dwellings as a temporary accessory use, for no more than ten (10) days in any two-month period, only if there is a permanent dwelling unit as a principal use on the lot, and only if the vehicle is parked in conformance with this Ordinance. No more than one (1) recreational vehicle can be so occupied on the same lot.

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

Recreational vehicles, including but not limited to campers, all-terrain vehicles, boats, and other watercraft such as jet skis parked in any residential zone or residentially-used area shall not be permitted to be parked in any required setback or buffer area, nor in any front-yard area.

Recreational vehicles on residential property shall only be parked in the side or rear yard, not within setbacks, although the Zoning Administrator may administratively vary this requirement if there is not sufficient room in or access to the rear or side yards. No more than two (2) recreational vehicles shall be parked on any single residential lot, although the Zoning Administrator may administratively vary this requirement if more than two (2) recreational vehicles may be parked in the side or rear yard of a lot in which the addition of more than two recreational vehicles does not create a public nuisance. Factors for consideration in determining whether more than two recreational vehicles may be acceptable include, but are not limited to, the size of lot; shape of lot; topography; etc. Recreational vehicles cannot be parked on any lot without a primary structure.

(Ord. of 7-21-2021(4); Ord. of 8-9-2023, § VIII)

6.8.1 No more than two (2) commercial vehicles (trailers counted separately if separated from a tractor) shall be parked on any single residential lot, or on any lot in any residentially-zoned lot, including A-1 or any R district. Commercial vehicles may not be parked on any residential lot without an occupied single-family dwelling, and may not be parked on vacant residential lots.

6.8.2 On A-1 zoned property of over five (5) acres that contains a working agricultural business, commercial vehicles related to such business may be parked.

6.8.3 Commercial vehicles parked in any residential zone (including A-1) or residentially-used area shall not be permitted to be parked in any required set-back or buffer area. Commercial vehicles on any lot under five (5) acres must be parked in the side or rear yard area. The Zoning Administrator shall be permitted to grant a hardship administrative variance to allow parking in a setback or front yard if no other room exists.

6.8.4 The Zoning Administrator shall be permitted to grant a hardship administrative variance to allow up to four (4) commercial vehicles to park on one (1) lot (for example, if four family members living there each drive a commercial vehicle home from work), but in no circumstance shall such variance be used to permit employees to report to a residential structure on a daily basis to pick up commercial vehicles for the company's operation.

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

Neither vehicles (whether operable or inoperable) nor trailers (whether on or off their axles) may be used as storage buildings. This shall apply to all vehicles and trailers, including commercial vehicles, recreational vehicles, panel vans, tractor-trailer rigs, railroad box-cars, shipping containers, and manufactured homes. However, tractor-trailer rigs and trailers may be used for temporary storage on property zoned C-1, I-1, I-2, BPD or M-1, only by businesses operating on the same property. Temporary storage means no particular trailer may remain longer than three (3) months.

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

Outside sales are not permitted on any residentially-zoned or -used lot, except as provided in this section. Yard sales and garage sales (or carport sales) shall be permitted on any residential lot, no more frequently than once per calendar quarter. Such sale may not continue for more than 72 hours. Flea markets (i.e., where vendors other than the property owner sell goods) are not permitted in any zoning district in the County.

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

In order to preserve the aesthetic beauty of Bartow County, and protect against nuisances, hazards, vermin and odor, among other hazards, and to preserve the property values of surrounding property, all property in Bartow County shall be required to comply with the following provisions:

6.11.1 All property (other than where explicitly permitted, such as a junk yard or salvage yard) must be free of the following: scrap metal; junked, inoperative or broken appliances (including engines and vehicles or parts of vehicles); junked, inoperative or broken equipment (such as lawn mowers, bicycles, machines); construction or demolition debris; other waste, garbage or refuse such as old tires, discarded carpet, discarded household furniture, bottles, cans, or similar; stumps, branches, dirt, and other debris from land disturbance and grading (except incident to a permit under the Bartow County Soil Erosion and Sedimentation Ordinance for the subject property and/or pursuant to lawful construction on the subject property); and household trash (except in a trash container). Such items may be kept in an enclosed building or enclosed garage erected pursuant to a building permit or otherwise lawfully permitted, but may not be kept in the open.

6.11.2 All property, whether residential, commercial or industrial, containing a grass lawn (for example fescue, rye, bluegrass, bermuda, zoysia or similar grasses), landscaping strips, or other landscaping must be maintained so that the grass is kept cut below the height of 12 inches, and so that shrubbery, weeds and other landscaping is kept cut to the point where no windows or doors in a structure are obscured or blocked. This shall include landscaping on the right-of-way. Grass fields grown for grazing or other agricultural purposes and sod farms shall be exempt, except that in no event shall the front and side yards of a residentially-used structure be exempt. In order to prevent vacant and undeveloped lots from becoming a nuisance, all grass and vegetation within 25 feet of the back of the curb or edge of pavement of any vacant or undeveloped lot (whether residential, commercial or industrial), must be kept cut below a height of 12 inches, except for trees larger than two inches DBH which may be saved. This shall include vegetation on the right-of-way.

6.11.3 Storage of lumber, dumpsters, wood pallets, pipe, concrete blocks, other construction material, or other commercial material, or any commercial inventory (including products for sale, use or repair in off-site businesses), or materials associated with a commercial operation, shall be prohibited on residentially-zoned or residentially-used property, unless associated with or required by a permitted use on the property (including repair or construction of a structure that is itself a permitted use, e.g., construction of a single-family residence on said property).

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

6.12.1 No automobile, vehicle (including but not limited to motorcycles, all-terrain vehicles, and campers), watercraft (including but not limited to boats and jet skis), or trailer of any kind or type, without a valid license plate attached thereto, shall be parked or stand on any residentially-zoned property or other zoned property unless it shall be in a completely enclosed building or on property properly zoned as a junk yard, or on property zoned under Section 7.12.8(C) of the Zoning Ordinance, except for such off-road vehicles which by law do not require a license plate, provided the same is in operating condition.

6.12.2 No automobile, vehicle or trailer of any kind or type, which shall be inoperative or in a junk condition, or abandoned, shall be parked or stand on any property unless:

(A)

it shall be in an enclosed building;

(B)

it shall be on the premises of a business enterprise operated in a lawful manner, when necessary to the operation of such business enterprise; or,

(C)

it shall be on property lawfully occupied and used for repair, reconditioning or remodeling of vehicles in conformance with the Zoning Ordinance of Bartow County.

6.12.3 A vehicle in inoperative or junk condition shall include, but shall not be limited to, any automobile, vehicle, trailer of any kind or type, or contrivance, or a part thereof, the condition of which is one or more of the following: 1) wrecked; 2) dismantled; 3) partially dismantled; 4) inoperative; 5) abandoned; 6) discarded; 7) scrapped; or 8) does not have a valid license plate attached thereto.

6.12.4 Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under other provisions of law.

6.12.5 This section shall not be the exclusive regulation of abandoned, discarded, dismantled, wrecked, scrapped, ruined or junk motor vehicles, or contrivances, within the unincorporated limits of the County, but shall be supplemental to and in addition to other regulations and ordinances of the County and statutes or provisions of law heretofore and hereinafter enacted by the County, State or other legal entity or agency having jurisdiction. See also, Sec. 6.11.

6.12.6 In all instances where the owner of any abandoned, inoperative, or junk motor vehicle and/or trailer cannot be determined, or when such vehicle is abandoned on public property or a non-owner's property, such junk or abandoned motor vehicle and/or trailer shall be removed under the authority and provisions of Chapter 40-11 of the Georgia Code Annotated. If on public property, such vehicle may be removed after five days; if on private property, it may be removed after 30 days.

6.12.7 In all instances where the owner of any junk, inoperative, unregistered, or abandoned motor vehicle and/or trailer refuses to remove, enclose or register (or, if requested, refuses to give consent for the county to remove) any such vehicle or trailer currently in violation of this ordinance, the county shall be empowered to seek an order from a court of competent jurisdiction authorizing the county to remove and dispose of such vehicle or trailer. In addition, if the vehicle or trailer is determined to be a health hazard or a nuisance, the county shall be empowered to seek an order from a court of competent jurisdiction authorizing the county to remove and dispose of such vehicle. Such orders shall be authorized if the vehicle has been in violation of this ordinance for more than 20 days.

6.12.8 For purposes of repair or restoration, one inoperable and unregistered vehicle may be kept in the rear yard of a property, provided it is not visible from the street, is screened from all neighbors by a privacy fence in the rear yard, and is repaired or restored, removed, or placed in a fully enclosed building within six months. Such vehicle shall not be stored in any side yard or any setback or buffer area.

(Ord. of 7-21-2021(4); Ord. of 8-9-2023, § VIII)

The storage of new or used tires on any property is prohibited unless the same are stored within an enclosed building or garage. It is illegal to discard or abandon tires on any property other than a lawful landfill.

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

In a residential zoning district or residentially-used area, sales of autos and other vehicles from such property shall be limited to no more than six vehicles per year. No more than two such vehicles shall be parked in the front yard of any property at any one time. Any greater number of sales or vehicles displayed for sale shall constitute a commercial operation, which shall only be permitted in the C-1 commercial zoning district.

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

Swimming pools are permitted as accessory uses in residential zoning districts, including the A-1 district. Swimming pools are only permitted to be located in the side or rear yards of a property, with the following exception: for residential use properties of five (5) acres or larger, swimming pools may be in the front yard if located a minimum of 100 feet from the front property line. All portions of a swimming pool (including the pool itself, any recirculation pumps, sumps, heaters, filtration or treatment systems, chemical tanks, or pool-related machinery) shall be setback at least ten (10) feet from the side and rear property lines. Swimming pools shall further comply with applicable Board of Health regulations, and the Bartow County Building Code Ordinance.

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

Timbering operations (meaning cutting, hauling and/or harvesting timber) shall be a permitted activity in non-residential zoning districts (that is, C-1, C-N, O-I, I-1, I-2 and M-1) provided that no timbering operations shall be permitted in the area of any required buffer listed in the relevant zoning district. Crossing the buffer perpendicularly shall be permitted, but the buffer area shall otherwise remain undisturbed. Special buffer exemptions under Sec. 8.2.4(A) and (C) shall not apply. Sawmilling, including use of portable sawmills, is not permitted in non-residential zoning districts. Timbering operations are also subject to Chapter 68 of the Code of Bartow County. For timbering operations in the A-1 district, see Sec. 7.1.

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

6.17.1 Purpose. In lieu of enforcement under other provisions of this Code, the owner(s) of a vacant structure may elect to close or "mothball" the structure if the structure is vacant and unfit for human habitation and occupancy, and it is not dilapidated, unsafe, unsanitary or in danger of structural collapse. Mothballing is defined as a method used to protect a vacant structure from weather damage and vandals while preserving the structure for future use. Prior to mothballing the property owner(s) must register the property with the zoning administrator and receive a permit to mothball. The property will be inspected for compliance upon completion. The mothballed property shall automatically have its certificate of occupancy revoked.

6.17.2 General procedures. The structure shall be required to have a weather-tight roof, with all missing shingles replaced. No tarps allowed. Windows and doors shall be covered on the exterior with high-grade plywood cut to fit within the window or door opening. Window or door coverings must be attached with screws, and shall be painted a flat color, either dark gray, black or a color that matches the building. Water shall be turned off and pipes drained. Electricity shall be turned off. Exterior walls must be sound and complete.

6.17.3 Time and Terms. The owner(s) shall have no more than 30 days from receipt of a permit to complete securing of the structure. Mothballing shall only be permitted for a period of six months from the date of the permit. Upon the expiration of six months, the owner shall have 60 days to receive a certificate of occupancy. Reoccupancy shall require compliance with applicable building codes and require the issuance of a certificate of occupancy prior to anyone occupying the structure.

6.17.4 Violations. Failure to secure a certificate of occupancy within the time required shall be a violation of this ordinance. In addition, such property that has passed its term shall be a nuisance, and subject to an action to have it declared a public nuisance.

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

a.

Any owner of property who permits the same to become or remain in a condition prohibited under this Article may be notified in writing by the code enforcement officer to remove or remedy the condition within 15 calendar days of the date of such notification.

b.

Unless the condition complained of is removed, the county, at the expiration of such 15-calendar-day period shall be authorized to remove the condition or hire a private contractor to remove the condition.

c.

The cost of removal and abatement of the nuisance will be charged against the property and the property owner thereof, and it shall constitute a lien on the property which shall be recorded in the deed records of the County.

d.

In the event the costs of abating the nuisance are not paid, the lien recorded may be collected in the same manner as that provided by law for executions for ad valorem taxes due the county.

e.

In addition, the creation of a nuisance shall be deemed unlawful.

f.

The provisions of this section are cumulative and in addition to issuance of a citation, or other civil action to remedy a nuisance.

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

Outdoor storage of inventory, supplies, materials, or goods shall be allowed only in the C-1, I-1, I-2, and BPD districts, under the following conditions. Outdoor storage must be located in a side or rear yard and screened from all rights-of-way, and residential districts that abut the outdoor storage area. Such storage shall be screened either by opaque fencing or walls, other structures, or landscaping approved by the Zoning Administrator. This section does not apply to incidental outside storage on properties in residential districts. Retail products typically sold outdoors (for example, trailers or sheds) are exempt from this ordinance, unless the items violate other sections of the Zoning Ordinance (For example Sec. 6.11 Appearance of Property). This determination shall be made by the Zoning Administrator. The Zoning Administrator shall determine if outdoor storage on a particular lot is a nuisance to adjoining property owners when enforcing this ordinance. Outdoor storage of junk, trash or debris is not permitted unless specifically authorized for the use (for example, a junk yard or landfill).

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

The use of trailers or modular buildings for construction offices shall be allowed on a construction site only and must be removed within thirty (30) days of the issuance of a certificate of occupancy; the use of trailers or modular buildings for on-site real estate sales offices shall be allowed on a site for a period not to exceed thirty-six (36) months; the use of trailers or modular buildings for any other office use or commercial venture shall be allowed with the following condition:

a.

Temporary office trailers or modular buildings shall be allowed on a lot for a period not to exceed three (3) months. Upon expiration of the three-month period, the trailer or modular building must be removed from the property. The Zoning Administrator has authority to grant extensions of three months.

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

Any lot or tract of land designated as Greenspace on a final plat of a subdivision or boundary survey is prohibited from any residential development. Greenspace lots should remain undisturbed from any land disturbance or structures, including the harvesting of timber. Limited disturbance for walking trails is allowed.

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