Bartow County Unincorporated
City Zoning Code

ARTICLE VII

USE REQUIREMENTS BY DISTRICTS; SPECIAL DISTRICTS

The following districts designate certain uses and conditional uses within each district. A use not specifically named within a district is NOT permitted. Any question of interpretation as to the appropriate district for a use shall be determined by the Zoning Administrator. The minimum lot sizes, setbacks and other area and yard requirements for each district are provided both in each district and summarized in Article VIII of this Ordinance. Special districts for Conservation Subdivisions and the Etowah Valley Historic District are also contained herein.

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

Sec. 7.1.- A-1 agriculture district.

7.1.1 Purpose. The A-1 agriculture district is established primarily to encourage the retention and development of suitable areas for common farm/agricultural practices and various compatible non-farm uses, preservation of open space, the conservation and management of soil, water, air, game and other natural resources and amenities, and to discourage the creation or continuation of conditions which could detract from the function, operation, and appearance of areas to provide food supplies and to prevent or minimize conflicts between common farm practices and non-farm uses. The A-1 district is also a residential district.

7.1.2 Area, Yard, Height and Buffer Requirements. The following requirements apply in the A-1 District:

Minimum Lot Size: 2 acres. No new A-1 lot shall be created which is not at least two acres in area, and no lot of less than two acres may be split off from existing A-1 zoned property. No remnant of under two acres may be created by a lot split, nor shall any existing A-1 lot be reduced to less than two acres.

Minimum Lot Width at Street R/W (on existing road): 200 feet.

Minimum Lot Width at Street R/W (in new development): 100 ft.; 50 ft. on cul-de-sac.

Front Yard Setback (from right-of-way): 40 feet; if an existing lot of record one acre or smaller, 25 feet.

Side Yard Setback (from property line): 10 feet

Rear Yard Setback (from property line): 25 feet

Maximum Building and Structure Height: 50 feet

Buffers: Special, see below.

7.1.3 Height exceptions. Buildings or structures essential to the operation of an agricultural operation, such as silos, granaries, windmills, and barns, may exceed the height limitation stated above. The height limitation does not apply to structures such as unoccupied and inaccessible architectural features on non-residential buildings (e.g., church spires, belfries, cupolas and domes), monuments, government-owned observation towers, water towers, chimneys, flag poles, aerials, and similar structures. Specific height requirements apply to signs and structures containing signs; see Article XI.

7.1.4 Accessory Structures. Accessory buildings and structures which are not intended for use or used for the housing of livestock or agricultural practices and are ancillary to the residential use (e.g., garage, pool) shall maintain the same front and side yards as the main structure; however, they shall not project beyond the established front building line with the following exception: for residential use properties, accessory structures may be in the front yard projecting beyond the front building line if located a minimum of 100 feet from the front property line. For such buildings and structures, side and rear yard setbacks shall be a minimum of ten feet. Silos, granaries, and similar accessory agricultural structures, on lots 10 acres or greater, shall be setback by a distance equal to the structure's height from any property line, and may be located in the front, side or rear yard. Silos, granaries, and similar accessory agricultural structures, on lots less than 10 acres, shall be setback by a distance of at least 25 feet from any property line, and shall be located in the rear yard. Accessory livestock structures must additionally meet special setback requirements under Sec. 7.1.8(B)(ii). Accessory structures on vacant lots 2 acres or greater may be constructed/installed before a principle residence is present with the following limitations: minimum 100 ft front yard setback; side and rear yard setbacks shall be adhered to; and the structure cannot have living space/area. For vacant substandard A-1 lots less than 2 acres in size, a principal residence must be present on the property before an accessory structure may be constructed/installed. Variance applications to allow front yard accessory buildings are discouraged, and in all cases an accessory building, if proposed in front of a residence in the front yard, must be a minimum of 50 ft from the front property line - this setback cannot be varied.

7.1.5 Non-residential uses and associated accessory uses. Non-residential uses other than agricultural uses (e.g., bed and breakfast, airport, church) and associated accessory uses thereto shall be setback at least fifty (50) feet from the property line, shall be screened by a twenty-five (25) foot vegetative buffer, and shall also have a six-foot wooden fence on the inner or outer boundary of the buffer where adjacent to residentially-used property, unless such requirements are waived or varied by the Zoning Administrator in hardship cases or cases where they are unnecessary to provide screening. Off-street parking/loading for all non-residential uses shall be provided in accordance with Bartow County Development Regulations. Other provisions of the Development Regulations may be applicable, and the Engineering Department should be consulted. Non-residential uses must meet special building code requirements, and the Bartow County Building Inspections Department and the Bartow County Building Code Ordinance should be consulted.

7.1.6 Development in A-1. Development must be in accordance with the Bartow County Development Regulations. The Engineering Department should be consulted. In the event that a State Development of Regional Impact (DRI) review is required, a traffic impact study shall be required to be submitted to the county engineer for review before rezoning or conditional use. The traffic impact study shall be prepared, signed and sealed by a registered professional engineer and submitted to the county engineer or his/her designee for review. The county engineer shall submit comments to be reviewed by the Planning Commission and Commissioner as part of the zoning application.

7.1.7 Lot Restrictions in A-1.

(A)

Road frontage: No more than two lots sharing one private easement or driveway shall be allowed; see Section 5.6 for road frontage restrictions.

(B)

Subdivision lot restrictions: A subdivision is a tract of land divided into three or more lots. A subdivision of land divided into three or more lots shall follow the submittal process and requirements as found in appendix B (Development regulations). Any proposed further subdivision of an individual lot in an A-1 subdivision existing as of November 9, 2005, or created subsequent to that date, shall require approval of an administrative variance.

7.1.8 Permitted uses in A-1 district. Within the A-1 Agriculture district, no building, structure, land, or water shall be used except with one or more of the following uses. A use not specifically named within a district is NOT permitted:

(A)

Single-family dwellings (conventional, manufactured and/or industrialized houses) and customary accessory uses, including docks and boathouses on not less than a two (2) acre tract of land. For a substandard A-1 lot less than two (2) acres in size, manufactured homes are prohibited with the following exception: if a substandard A-1 lot is in a platted subdivision, the zoning administrator may determine if a non-conventional single-family residence (manufactured home) may be allowed. A determining factor for consideration is whether non-conventional single-family residences exist on at least eighty percent (80%) of the lots. See Sec. 10.3 for manufactured housing regulations. For a substandard A-1 residential use lot between one (1) and two (2) acres in size, a maximum of eight (8) hens (no roosters) shall be allowed. A single-family residence must first be on the lot. No other livestock animals are permitted. Hens shall be kept in an enclosure, whether fence, chicken coop, or other minor livestock enclosure, at least 25 ft from all property lines. The keeping of hens supports a local, sustainable food system by providing an affordable, nutritious source of fresh eggs. However, at no time shall hens on such a small lot become a nuisance. Hens shall not be allowed to roam/range on the private property of nearby residences.

(B)

Agricultural Uses subject to the following regulations:

Fences. Any livestock shall not be able to roam off the property upon which it is kept, either being kept inside a properly fenced area (sufficient to restrain the animal) or kept contained in a livestock enclosure.

ii.

Livestock Enclosure Setback Provisions. Livestock enclosures (including but not limited to, cattle barns, stables, hog pens, and chicken houses or coops), and other buildings or structures which are intended for use or used for the housing or shelter of livestock animals, shall be located no closer than 50 feet from the property line on any parcel of less than or equal to 10 acres and no closer than 100 feet from the property line on any parcel of more than 10 acres.

iii.

Retail Sales. Retail selling of agricultural products shall be permissible provided that space necessary for the parking of customers' vehicles shall be provided off the public rights-of-way. Any structure constructed shall not exceed 1,500 square feet and must be at least 50 ft from all property lines.

(C)

Public safety structures and facilities.

(D)

Home occupations, see Sec. 6.4.

(E)

Family plots (not in excess of 12 burial sites, on lots of at least five acres), see Sec. 9.7.

(F)

In-home nursery schools (child day cares) with no more than six (6) children at any one time; provided 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.

(G)

Group homes for persons with a disability, not exceeding six (6) residents, excluding resident staff, licensed by and in compliance with the applicable regulations of the Georgia Department of Human Resources; provided 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.

(H)

Timber production and forestry related uses, but not sawmills. See Sec. 7.1.9(R).

(I)

Fish hatcheries.

(J)

Marinas and associated accessory uses on Lake Allatoona, including commercial boat storage, boat docks, sale of fuel and incidental supplies for the boat owners, crews, and guests, on-site clubhouse/restaurant. Temporary or permanent housing associated with marinas, including house boats, lake cabin rentals and RV lots, are allowed with the granting of a Conditional Use Permit.

(K)

Political or religious gatherings, limited to not more than 14 days in duration per year, provided sufficient space is available to provide a buffer of 500 feet from adjoining property owners and off-street parking.

(L)

Vineyards (except wineries are conditional uses).

(M)

Resort communities. See Sec. 9.3.

(N)

Municipal, county, state, federal and other public uses, including parks and playgrounds; public utility and service structures.

(O)

Special events. Maximum four (4) per calendar year - more than four on the same lot would be considered an event facility and would require a conditional use permit per section 7.1.9. Special events, for example, overland foot races, arts and crafts fairs, musical concerts, and other gatherings of a commercial nature (meaning admission is charged or goods or services are being sold) shall be permitted subject to the administrative approval of the zoning administrator. Special events under this subsection shall not exceed 72 hours in duration. The zoning administrator shall review the request under the following criteria: 1) whether the size and shape of the property sufficient to support the event; 2) whether the roads serving the property are adequate for the anticipated traffic; 3) whether the adjacent property owners and neighbors will be negatively impacted by the event; 4) whether the event is inconsistent with the surrounding property and uses; 5) whether the event is inconsistent with the intent of the zoning ordinance; 6) whether the event would create a nuisance; 7) whether the event would be harmful to the environment; 8) whether the event is consistent with other applicable laws and ordinances. The applicant shall submit information as required by the zoning administrator to review the event in accordance with the above criteria and shall submit information as to the purpose; size and dates of event; size and location of property; anticipated crowds; anticipated vendors and other commercial activity; whether a special event alcohol license will be sought; plans for parking, traffic control, sanitation, public safety and security for the event; and other such information as may be required by the zoning administrator. The zoning administrator may require notice to adjacent property owners and to review their comments. Application should be made at least 45 days prior to the event to ensure the timeliness of an appeal. The decision of the zoning administrator may be appealed to the commissioner.

(P)

Commercial greenhouses, with a minimum lot size of five acres and the greenhouses are set back at least 25 feet from the property lines.

(Q)

Churches, synagogues and similar places of worship. Accessory uses for churches and places of worship, such as schools, day cares, hospices, and similar facilities, are permitted. All such uses must meet off-street parking regulations, as required by the Bartow County Development Regulations. See subsection 7.1.5.

7.1.9 Conditional uses in A-1 district. The following are permitted only with the grant of a conditional use permit under the requirements of Article XVI. All such uses must likewise meet all requirements of this zoning district.

(A)

Country Clubs and Golf Courses, without residential lots.

(B)

Golf Course Communities and Country Club Communities; See Sec. 9.2.

(C)

Bed and breakfast inns, provided there is sufficient space to provide adequate parking and the rental is limited to temporary occupancy only.

(D)

Wineries, farm breweries and farm distilleries that are associated with an agricultural operation. A winery, farm brewery or farm distillery must grow, produce and harvest grains, hops, fruit and other agricultural products used to brew or distill the product, or incorporate the use of a spring or other natural resource. Production, manufacturing, shipping storage, and warehousing of the product is allowed. Tasting rooms and consumption are allowed, as is the direct sales of the product, in accordance with Georgia state law. Hours of operation are limited to 10 a.m. to 8 p.m. Sunday through Thursday, 10 a.m. to 10 p.m. Friday and Saturday. Special events (wedding, corporate retreat, etc.) are limited to the hours of operation.

(E)

Water bottling plant, at natural spring locations, and limited truck and commercial traffic related thereto. Such plants must meet the I-1 District buffer and setback requirements, and may not operate (or generate or receive commercial vehicle traffic) between the hours of 7:00 p.m. and 7:00 a.m.

(F)

Privately owned historic sites, regularly open for public visitation, provided the same consist of ten (10) acres or more and is a component of the National Register of Historic Places and the Georgia Register of Historic Places; provided further, that any fees charged or revenue generated in connection with the site are used solely to offset the costs of restoring and maintaining the buildings and grounds of said site; provided further, that the only ancillary facilities permitted are a museum, restaurant and gift shop (which may contain a snack bar); provided further, that facilities for parking must be self-contained on the premises and shielded from public view. No activity which would cause sound to travel beyond the limits of the property is allowed. No activity not directly related to the historic nature of the property, shall be permitted. Overnight parking is prohibited.

(G)

Recreational vehicle/travel trailer parks and campgrounds; provided the park or campground shall consist of a minimum of twenty (20) acres and developed in accordance with the provisions of this Ordinance pertaining to campgrounds; provided further, the nearest parking space or campsite shall be located not less than 500 feet from any adjoining property line. See the Bartow County Campground Standards Ordinance.

(H)

Cemeteries, see Sec. 9.7.

(I)

Public airports, on at least 200 acres of land, and the boundary of the airport property may not be located within 2,000 feet of any residential dwelling. Private landing strips on at least 50 acres, with the runway not located within 1,000 feet of the nearest residence. Associated commercial uses, such as skydiving facilities, must be stated within the Conditional Use Permit application. Structures associated with the commercial use (hangars, sales office, maintenance facility, etc.) must be setback 200 feet off the property line. The applicant must present a site plan showing the location of the runway, drop zones, all proposed structures, access and parking, which shall become a zoning condition if the use is approved. Drop zones shall be unobstructed and follow the basic safety requirements set forth by the United States Parachute Association. The applicant must also state the number of aircraft that will use the private landing strip. The development must conform to Bartow County Development Regulations for non-residential uses in terms of parking, stormwater and other matters as set forth therein. All uses must meet Federal Aviation Administration guidelines and not interfere with operations at the Cartersville-Bartow County Airport.

(J)

Sailport, ultralight landing strip, on at least 50 acres of land, not within 1,000 feet of any residentially-used property.

(K)

Bicycling, mountain bike course, outdoor recreation center, or other private recreational facility, or similar, for commercial purposes or organized events. Minimum lot size: 10 acres.

(L)

Motocross motorcycle track, dirt bike track, race track, auto racing, drag strip, other powered-vehicle race track. Fifty (50) acre minimum tract of land required, with minimum five hundred (500) foot buffer (complying with Sec. 8.2.5). No portion of the race track or any garage, staging or pit area, nor any parking area, may be located within one thousand five hundred (1500) feet of any residential dwelling.

(M)

Outdoor paintball game courses and facilities, or similar facilities, with a minimum area of 10 acres and no gaming to take place within 200 feet of any property line. Hours of permitted operation are 8:00 a.m. to 9:00 p.m. "Paintball" means any game or event that involves using guns or devices that shoot capsules of paint or dye.

(N)

Firing range facilities, outdoor. These are any facilities where outdoor firing of firearms is performed on a commercial basis (i.e., requires a fee or membership), including private gun clubs, target shooting ranges, etc.

Minimum lot size: 100 acres.

A 200-foot vegetated buffer shall be required for all sides of the property abutting residential or commercial zones, such buffer to be consistent with the buffer standards set forth in section 8.2

Firing ranges for rifles and pistols should be oriented so that firing is not directed towards any residential property within 2000 yards that is touching an arc width of 20 degrees, centered on the axis of firing (that is, within ten degrees of either side of said axis); ranges for sporting clays, skeet, trap and five stands are not subject to this requirement.

All portions of any firing range (for pistol and rifle ranges, this is defined as the area from the firing line to the target backstop or berm, for the width of the shooting lanes; for sporting clays, skeet, trap and five stands, this is defined as the area from the firing stations to a distance 100 yards from the firing stations in the direction of fire) must be located at least 1,000 feet from all property lines.

Hours of firing shall be limited to between 10:00 a.m. and 6:00 p.m., Monday to Saturday. No firing permitted on Sunday.

A site plan shall be submitted with the conditional use application showing all facilities and ranges, the direction of firing, all residential property within 2000 yards downrange, and all buffers and distances, plus such other information as is required by the Zoning Administrator to enforce this section.

(O)

Firing ranges facilities, indoor. These are facilities where all firing ranges are inside buildings.

Minimum lot size: 10 acres.

A 50-foot vegetated buffer shall be required for all sides of the property abutting residential or commercial zones, such buffer to be consistent with the buffer standards set forth in section 8.2.

No building containing a firing range may be located within one hundred feet (100') of the property boundary.

Building's housing firing ranges must be constructed to prevent the escape of bullets and also constructed with sound-proofing or setbacks such that no sound of the discharge of firearms is audible at the property line.

A site plan shall be submitted with the conditional use application showing all facilities, all buffers and distances, plus such other information as is required by the Zoning Administrator to enforce this section.

(P)

Existing firing ranges. Outdoor Firing Ranges in existence as of July 8, 2009 in Bartow County shall, commencing July 12, 2009, be subject to the following restriction: hours of operation shall be limited to Monday to Saturday, 10:00 a.m. to 7:00 p.m. No firing shall be permitted on Sunday. Note: The foregoing provisions concerning firing ranges (Sections 7.1.9 (N), (O), and (P)) shall not apply to property owned by the County or property owned entities exempt from county zoning including the U.S. Government, a municipality within the County, or an entity regulated by the Georgia Public Service Commission (i.e., a public utility).

(Q)

Only on former, abandoned mine property, shallow surface mining is permitted as a conditional use for rock and mineral removal, provided no explosive blasting nor digging is permitted. Neither strip mining nor open pit mining shall be permitted, nor shall any mining requiring heavy excavators or massive land disturbance. Shallow surface mining is limited to a depth below preexisting grade of ten (10) feet; deeper mining requires M-1 classification. A 100 foot undisturbed, vegetated buffer shall be required. The applicant shall be required to meet the buffer requirements of the M-1 district for surface mining.

(R)

Sawmills; provided that any sawmill must be located at least 500 feet from an adjoining property line; provided further that if said sawmill is located on property which adjoins property on which a dwelling is located, said sawmill must be located no less than 1,000 feet from the closest point to said dwelling.

(S)

Explosive storage, when accessory to a permitted use (except not permitted in conjunction with shallow surface mining, see below).

(T)

Telecommunications structures, subject to Article XII.

(U)

Chicken houses holding or designed to hold more than 500 chickens. Any such chicken house must be setback at least 150 feet from the property line and at least 500 feet from any existing residence (having a certificate of occupancy at the time of rezoning application) on adjoining property. Minimum lot size required: 20 acres.

(V)

Dog arenas, horse tracks, steeplechase tracks, similar animal race facilities; rodeo facilities; kennel clubs, dog clubs and similar facilities; catteries, cat breeding facilities, and similar facilities. Minimum lot size required: 20 acres. Any race facility must be set back at least 200 feet from the property lines.

(W)

Kennels. Minimum setback for kennels is 100 feet from property line and 200 feet for nearest non-owned residence. Higher setbacks may be required depending on the intensity of the use. The maximum number of dogs may be capped depending on the circumstances of the property. Minimum lot size required: 15 acres.

(X)

Meat processing facilities and temporary holding lot for livestock, with a 100-foot setback from the property line; but not chicken processing facility, see Sec. 7.13. Minimum lot size required: 15 acres.

(Y)

Event facility, for weddings, rehearsal dinners, corporate meetings, retirement functions and catering. Only limited overnight facility permitted; no hotel or motel operation shall be allowed. The facility may not operate a restaurant open to the general public; it may only hold previously scheduled and reserved events for specific group(s). Minimum lot size is 10 acres. Must have sufficient parking to satisfy Bartow County Development Regulations. No structure or parking may be located within 50 feet of property line. Further restrictions may be applied as zoning conditions. The facility cannot be expanded beyond what is approved in the original conditional use application without a further conditional use approval.

(Z)

Taxidermy facilities, on minimum of ten (10) acre lots.

(AA)

Outdoor dive training facility. A facility to offer outdoor scuba or dive training to members of the public and government entities, including incidental sales and rental of scuba/dive equipment. May include docks and no more than 2,500 square feet of heated space associated with the facility in one or more structures, plus accessory storage. Boat sales or marinas are not permitted. Sales or rental of boat slips are not permitted.

(BB)

Solar power generation facilities not accessory to a residential structure. Any such facilities and associated apparatus shall be set back at least 50 feet from the property lines. Sound barriers shall be required for noise mitigation around all inverter and transformer skid pads. Equipment shall be screened and fenced from adjacent property to restrict unauthorized access. Screening shall consist of a minimum 8-foot opaque fence with the addition of shrubbery, trees or an earthen berm. The applicant shall demonstrate that the proposal will not have an adverse effect on neighboring properties by providing aerials of the site, graphic renderings of the project, and/or pictures from the site of surrounding parcels demonstrating sight lines. Appropriate vegetated buffers and/or plantings may also be required to help limit the visual impact of the site and possible glare issues.

(CC)

Special events not meeting the criteria of section 7.1.8(P)—for example events seeking to exceed 72 hours in duration—may be sought as a special use permit. The applicant shall submit the information required for a review under section 7.1.8(P) and the zoning administrator shall make a recommendation to the commissioner.

(DD)

Agricultural large-scale retail sales. The purpose of this conditional use is to permit agricultural operations to have large-scale retail sales in a structure larger than 1,500 square feet without the necessity of having to rezone a tract to commercial. On tracts of at least 10 acres, a property owner may apply to authorize construction or use of a building for sales of agricultural products grown on the property. The building must be set back at least 100 ft from all property lines. The applicant must present a concept site plan for review by county department representatives prior to a zoning case showing the location of the building, access and parking, which shall become a zoning condition if the conditional use is approved. The development must conform to Bartow County Development Regulations for non-residential uses in terms of parking, stormwater and other matters as set forth therein. At least 25 percent of the items sold must be agricultural products grown on the property. Up to 75 percent may be items associated with the sale of agricultural products or agricultural products grown elsewhere.

(EE)

Swine or hog farms with more than 200 swine/hogs. Any enclosure for swine or hogs must be setback at least 150 feet from the property line and at least 500 feet from any existing residence (having a certificate of occupancy at the time of rezoning application) on adjoining property. Minimum lot size required: 20 acres.

(FF)

Private subdivisions (see Development Regulation Sec. 5.33). Private subdivisions must have a gated entrance but the County Fire Department must be provided access satisfactory to the Fire Marshal.

(GG)

Lake cabin rentals, house boats, RV lots associated with marinas. See Sec. 7.1.8(J).

(HH)

Injection wells (including but not limited to Class I through VI) as defined and regulated by the Georgia Environmental Protection Division. Any such facilities and associated apparatus shall be set back at least 200 feet from the property lines. Equipment shall be screened and fenced from adjacent property to restrict unauthorized access. Screening shall consist of a minimum eight (8) feet tall opaque fence around the project area with the addition of shrubbery, trees, or an earthen berm. The applicant shall demonstrate that the proposal will not have an adverse effect on neighboring properties by providing aerials of the site, graphic renderings of the project, and/or pictures from the site of surrounding parcels demonstrating sight lines. Appropriate vegetated buffers and/or plantings may also be required to help limit the visual impact of the site.

7.1.10 Family Exemption. In the A-1 zoning district, a property owner with at least 5 acres may convey to his or her child, stepchild, grandchild, stepgrandchild, mother, mother-in-law, father, father-in-law, grandmother, grandfather, grandparent (in-law), step-parent, brother, sister, brother-in-law, sister-in-law, stepbrother, stepsister, aunt, uncle, niece or nephew a building lot of at least 1 acre without having to rezone. The tract shall have at least 100 feet of road frontage and shall not violate the county's easement and driveway restrictions. Only one lot shall be split under this exemption, future splits shall meet the required 2 acre minimum in the A-1 district or be rezoned. A plat or survey shall be prepared by a licensed land surveyor, with a note designating the tract is created under Sec. 7.1.10 of the Bartow County Zoning Ordinance. Only uses permitted in the R-1 district shall be allowed - as an example, manufactured homes are prohibited with newly created lots under the family exemption.

(Ord. of 7-21-2021(4); Ord. of 11-3-2021(3), §§ VI, VII; Ord. of 3-16-2022(1), § II; Ord. of 8-9-2023, §§ IX, X; Ord. of 12-6-2023(4), § II; Ord. of 7-10-2024, § I)

Sec. 7.2. - RE-1 rural estate district (conventional or industrialized single-family housing).

7.2.1 Purpose. The RE-1 rural estate district is established primarily to encourage the development of large lot rural estate type housing developments, for conventional or industrialized homes. The RE-1 district is a residential district.

7.2.2 Area, Yard, Height and Buffer Requirements. The following requirements apply in the RE-1 District:

Minimum Lot Size: 3 acres. See Sec. 5.5.

Min. lot width at street r/w (on existing road): 200 ft.

Min. lot width at street r/w (in new development): 100 ft., 50 ft. on cul-de-sac.

Front yard setback (from right-of-way): 40 feet

Side yard setback (from property line): 10 feet

Rear yard setback (from property line): 25 feet

Maximum building and structure height: 50 feet

Buffers: None.

Special Agricultural Protection Buffers: See Sec. 8.2.3 for buffers required for homes built adjacent to existing agricultural activities.

7.2.3 Height exceptions. The height limitation does not apply to structures such as unoccupied and inaccessible architectural features on non-residential buildings (e.g., church spires, belfries, cupolas and domes), monuments, government-owned observation towers, water towers, chimneys, flag poles, aerials, and similar structures. Specific height requirements apply to signs and structures containing signs; see Article XI.

7.2.4 Accessory structures. Accessory buildings and structures shall maintain the same front and side yards as the main structure; however, they will not project beyond the established building line. Rear yard setbacks shall be a minimum of ten feet.

7.2.5 Non-Residential Uses and Accessory Uses. Non-residential uses and accessory uses shall be set back at least fifty (50) feet from all property lines, shall be screened by a twenty-five (25) foot vegetative buffer, and shall also have a six-foot wooden fence on the inner or outer boundary of the buffer where adjacent to residentially-used property. Off-street parking/loading for all non-residential uses shall be provided in accordance with Bartow County Development Regulations. Other provisions of the Development Regulations may be applicable, and the Engineering Department should be consulted. Non-residential uses must meet special building code requirements, and the Bartow County Building Inspections Department and the Bartow County Building Code Ordinance should be consulted.

7.2.6 Development in RE-1. Development must be in accordance with the Bartow County Development Regulations. The Engineering Department should be consulted.

7.2.7 Permitted uses in RE-1 district. Within the RE-1 Rural Estate district, no building, structure, land, or water shall be used except with one or more of the following uses. A use not specifically named within a district is NOT permitted:

(A)

Conventional or industrialized single-family dwellings on a minimum lot size of three acres. Manufactured houses shall not be permitted.

(B)

On lots three acres or larger, stables and horses are permitted so long as said horses are owned by the property owner and the number of horses does not exceed one per whole acre of property; provided further that any barn or structure used to house said horses is located at least 100 feet from the adjoining property line and at least 200 feet from any dwelling located on adjoining property. Commercial operations are not permitted. A maximum of eight (8) hens (no roosters) shall be allowed. A single-family residence must first be on the lot. No other livestock animals are permitted. Hens shall be kept in an enclosure, whether fence, chicken coop, or other minor livestock enclosure, at least 25 ft from all property lines. The keeping of hens supports a local, sustainable food system by providing an affordable, nutritious source of fresh eggs. However, at no time shall hens on such a small lot become a nuisance. Hens shall not be allowed to roam/range on the private property of nearby residences.

(C)

Home occupations, see Sec. 6.4.

(D)

Municipal, county, state, federal and other public uses, including parks and playgrounds; public utility and service structures.

(E)

(F)

Group homes for persons with a disability, all not exceeding six (6) residents, excluding resident staff, licensed by and in compliance with the applicable regulations of the Georgia Department of Human Resources; provided that:

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.

(G)

7.2.8 Conditional uses in RE-1 district. The following are permitted only with the grant of a conditional use permit under the requirements of Article XVI. All such uses must likewise meet all requirements of this zoning district.

(A)

Telecommunications structures, subject to Article XII.

(Ord. of 7-21-2021(4); Ord. of 1-5-2022(1), § IV; Ord. of 8-9-2023, § XI)

Sec. 7.3. - RE-2 rural estate district (conventional, industrialized, or manufactured single-family housing).

7.3.1 Purpose. The RE-2 rural estate district is established primarily to encourage the development of large lot rural estate type housing developments, for conventional, industrialized or manufactured houses. The RE-2 district is a residential district.

7.3.2 Area, Yard, Height and Buffer Requirements. The following requirements apply in the RE-2 District:

Minimum Lot Size: 3 acres. See Sec. 5.5.

Min. Lot Width at Street R/W (on existing road): 200 ft.

Min. Lot Width at Street R/W (in new development): 100 ft., 50 ft. on cul-de-sac.

Front yard setback (from right-of-way): 40 feet

Side yard setback (from property line): 10 feet

Rear yard setback (from property line): 25 feet

Maximum building and structure height: 50 feet

Buffers: None.

Special agricultural protection buffers: See Sec. 8.2.3 for buffers required for homes built adjacent to existing agricultural activities.

7.3.3 Height exceptions. The height limitation does not apply to structures such as unoccupied and inaccessible architectural features on non-residential buildings (e.g., church spires, belfries, cupolas and domes), monuments, government-owned observation towers, water towers, chimneys, flag poles, aerials, and similar structures. Specific height requirements apply to signs and structures containing signs; see Article XI.

7.3.4 Accessory structures. Accessory buildings and structures shall maintain the same front and side yards as the main structure; however, they will not project beyond the established building line. Rear yard setbacks shall be a minimum of ten feet.

7.3.5 Non-residential uses and accessory uses. Non-residential uses and accessory uses shall be set back at least fifty (50) feet from all property lines, shall be screened by a twenty-five (25) foot vegetative buffer, and shall also have a six-foot wooden fence on the inner or outer boundary of the buffer where adjacent to residentially-used property. Off-street parking/loading for all non-residential uses shall be provided in accordance with Bartow County Development Regulations. Other provisions of the Development Regulations may be applicable, and the Engineering Department should be consulted. Non-residential uses must meet special building code requirements, and the Bartow County Building Inspections Department and the Bartow County Building Code Ordinance should be consulted.

7.3.6 Development in RE-2. Development must be in accordance with the Bartow County Development Regulations. The Engineering Department should be consulted.

7.3.7 Permitted uses in RE-2 district. Within the RE-2 Rural Estate district, no building, structure, land, or water shall be used except with one or more of the following uses. A use not specifically named within a district is NOT permitted:

(A)

Conventional, industrialized or manufactured single-family dwellings on a minimum lot size of three acres. See Sec. 10.3 for manufactured housing regulations.

(B)

(C)

Home occupations, see Sec. 6.4.

(D)

Municipal, county, state, federal and other public uses, including parks and playgrounds; public utility and service structures.

(E)

ii.

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

iii.

the dwelling shall maintain its residential appearance;

iv.

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

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

(F)

7.3.8 Conditional uses in RE-2 district. The following are permitted only with the grant of a conditional use permit under the requirements of Article XVI. All such uses must likewise meet all requirements of this zoning district.

(A)

Telecommunications structures, subject to Article XII.

(Ord. of 7-21-2021(4); Ord. of 1-5-2022(1), § IV)

Sec. 7.4. - R-1 residential district (conventional or industrialized single-family housing).

7.4.1 Purpose. The R-1 residential district is established primarily to encourage the development of smaller lot single-family developments, for conventional or industrialized homes. The R-1 district is a residential district.

7.4.2 Area, yard, height and buffer requirements. The following requirements apply in the R-1 District:

Minimum Lot Size: 15,000 square feet with sewer; if on septic, 26,000 square feet or greater as required by County Health Department. See Sec. 5.5. See also section 7.4.9 for mandatory development standards.

Min. lot width at street r/w (on existing road): 200 feet.

Min. lot width at street r/w (in new development): 75 feet, 25 ft. on cul-de-sac.

Front yard setback (from right-of-way): 25 feet

Side yard setback (from property line): 10 feet

Rear yard setback (from property line): 25 feet

Maximum building and structure height: 50 feet

Buffers: None.

Special agricultural protection buffers: See Sec. 8.2.3 for buffers required for homes built adjacent to existing agricultural activities.

7.4.3 Height exceptions. The height limitation does not apply to structures such as unoccupied and inaccessible architectural features on non-residential buildings (e.g., church spires, belfries, cupolas and domes), monuments, government-owned observation towers, water towers, chimneys, flag poles, aerials, and similar structures. Specific height requirements apply to signs and structures containing signs; see Article XI.

7.4.4 Accessory structures. Accessory buildings and structures shall maintain the same front and side yards as the main structure; however, they will not project beyond the established building line. Rear yard setbacks shall be a minimum of ten feet.

7.4.5 Non-residential uses and accessory uses. Non-residential uses and accessory uses shall be set back at least fifty (50) feet from all property lines, shall be screened by a twenty-five (25) foot vegetative buffer, and shall also have a six-foot wooden fence on the inner or outer boundary of the buffer where adjacent to residentially-used property. Off-street parking/loading for all non-residential uses shall be provided in accordance with Bartow County Development Regulations. Other provisions of the Development Regulations may be applicable, and the Engineering Department should be consulted. Non-residential uses must meet special building code requirements, and the Bartow County Building Inspections Department and the Bartow County Building Code Ordinance should be consulted.

7.4.6 Development in R-1. Development must be in accordance with the Bartow County Development Regulations. The Engineering Department should be consulted. In the event that a State Development of Regional Impact (DRI) review is required, a traffic impact study shall be required to be submitted to the county engineer for review before rezoning or conditional use. The traffic impact study shall be prepared, signed and sealed by a registered professional engineer and submitted to the county engineer or his/her designee for review. The county engineer shall submit comments to be reviewed by the Planning Commission and Commissioner as part of the zoning application.

7.4.7 Permitted uses in R-1 district. Within the R-1 residential district, no building, structure, land, or water shall be used except with one or more of the following uses. A use not specifically named within a district is NOT permitted:

(A)

Conventional or industrialized single-family dwellings. Manufactured homes shall not be permitted. On any lot that is single-family residential use and between one and two acres, a maximum of eight (8) hens (no roosters) shall be allowed. A single-family residence must first be on the lot. No other livestock animals are permitted. Hens shall be kept in an enclosure, whether fence, chicken coop, or other minor livestock enclosure, at least 25 ft from all property lines. The keeping of hens supports a local, sustainable food system by providing an affordable, nutritious source of fresh eggs. However, at no time shall hens on such a small lot become a nuisance. Hens shall not be allowed to roam/range on the private property of nearby residences.

(B)

Municipal, county, state, federal and other public uses, including parks and playgrounds; public utility and service structures.

(C)

In-home nursery schools (day cares) and kindergartens with no more than 6 children at any one time; provided 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.

(D)

Home occupations, see Sec. 6.4.

(E)

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.

(F)

7.4.8 Conditional uses in R-1 district. The following are permitted only with the grant of a conditional use permit under the requirements of Article XVI. All such uses must likewise meet all requirements of this zoning district.

(A)

Telecommunications structures, subject to Article XII.

(B)

Private subdivisions (see Development Regulation Sec. 5.33). Private subdivisions must have a gated entrance but the County Fire Department must be provided access satisfactory to the Fire Marshal.

(C)

Residential infill/redevelopment. An applicant may apply for conditional use approval for single-family homes on smaller lot sizes in infill/redevelopment areas where existing infrastructure is present - sewer is required. An applicant must obtain a water and sewer letter from the provider confirming availability and capacity. A civil engineer must prepare a concept site plan to be submitted with the conditional use application, noting at a minimum the lot size, setbacks, and building footprints for the proposed lots. The applicant must submit the concept site plan to the zoning administrator and county engineer for review comments prior to submittal of a conditional use application. Maximum three (3) acres development area for zoning case (conditional use) for a proposed residential infill/redevelopment project. Minimum lot size shall be 5,000 square feet. Minimum lot width at street right-of-way 45 ft, 25 ft on cul-de-sac. Minimum setbacks measured from property lines shall be 20 ft front, 5 ft sides, and 15 ft rear.

7.4.9 Development standards for subdivisions. For any subdivision in the R-1 zoning district where no certificate of occupancy has been issued for a home as of April 11, 2018, each home thereafter constructed shall be constructed with the following features. These requirements shall not apply to single lots not part of a larger development.

Architectural Elements. The front of each residence shall exhibit a variety of color, material and texture, with a variety of architectural elements. The front of each residence shall exhibit at least two of the following features:

Shutters on at least two front windows, or other window accents;

ii.

An architectural 6-panel door with at least one side light;

iii.

Covered entry-way or porch;

iv.

Arches, columns, gables or cornices;

Architectural shingles.

Each side of a home shall have at least one window.

On the front and sides of a home, the first three feet of the structure, measured from the ground level, shall be stone or brick; the remainder may be brick, stucco, stone, fiber-cement product; treated wood or other similar durable material. In the alternative, the same amount of square footage of stone or brick as equals this requirement may be used as an architectural element on the front of the home.

The following materials are prohibited for exterior walls and finishes.

Vinyl siding.

ii.

Mill finish (i.e., silver) aluminum extrusions for windows and doorways.

iii.

Unfinished cinder blocks.

iv.

Metal siding (e.g., corrugated steel, tin). Metal roofs are permitted.

The developer shall provide a landscape plan as part of the civil plans which includes native species trees, shrubs, and/or bushes showing and noting the types of landscaping, including type of ground cover to be used, in common spaces such as the amenities area, mail kiosk area, development entrance, etc. There shall be a required minimum 25 feet wide landscape strip along all existing public road frontages that shall be separate from residential lots.

For any development of more than 50 homes, a homeowners association and a playground or recreational area of at least 30,000 square feet shall be provided.

Multiple architectural plans and designs shall be used so that each residence has a distinct visual character from the other homes in the development when viewed from the public right-of-way.

The developer shall submit information as may be required by the Zoning Administrator to satisfy compliance with this section, including representative elevations of homes, prior to issuance of any building permits.

(Ord. of 7-21-2021(4); Ord. of 1-5-2022(1), § II; Ord. of 8-9-2023, §§ XII, XIII; Ord. of 11-13-2024(2), § I)

Sec. 7.5. - R-2 residential district (conventional or industrialized duplex, triplex, or quadraplex housing).

7.5.1 Purpose. The R-2 residential district is established primarily to accommodate the development of conventional or industrialized duplexes, triplexes, and quadraplexes (aka fourplex). The R-2 district is a residential district.

7.5.2 Area, yard, height and buffer requirements. The following requirements apply in the R-2 district:

Minimum lot size: On sewer: 8,000 square feet for duplex, 12,000 square feet for triplex and 16,000 square feet for quadplex. On septic, 26,000 square feet or greater as required by the health department.

Minimum lot width at street R/W (on existing road): 150 feet.

Minimum lot width at street R/W (in new development): 65 feet for duplex, 90 feet for triplex or quadplex; reduce by half (½) for cul-de-sac lot.

Front yard setback (from right-of-way): 25 feet.

Side yard setback (from property line): 10 feet.

Rear yard setback (from property line): 25 feet.

Maximum building and structure height: 50 feet.

Buffers: 15 feet adjoining single-family residential use property. See section 8.2.

Special Agricultural Protection Buffers: See section 8.2.3 for buffers required for homes built adjacent to existing agricultural activities.

7.5.3 Height exceptions. The height limitation does not apply to structures such as unoccupied and inaccessible architectural features on non-residential buildings (e.g., church spires, belfries, cupolas and domes), monuments, government-owned observation towers, water towers, chimneys, flag poles, aerials, and similar structures. Specific height requirements apply to signs and structures containing signs; see article XI.

7.5.4 Accessory structures. Accessory buildings and structures shall maintain the same front and side yards as the main structure; however, they will not project beyond the established building line. Rear yard setbacks shall be a minimum of ten feet.

7.5.5 Non-residential uses and accessory uses. Non-residential uses and accessory uses shall be set back at least 50 feet from all property lines, shall be screened by a 25-foot vegetative buffer, and shall also have a six-foot wooden fence on the inner or outer boundary of the buffer where adjacent to residentially-used property. Off-street parking/loading for all non-residential uses shall be provided in accordance with the county development regulations. Other provisions of the development regulations may be applicable, and the engineering department should be consulted. Nonresidential uses must meet special building code requirements, and the county building inspections department and the county building code ordinance should be consulted.

7.5.6 Development in R-2. Application for rezoning to this zoning district shall require submission of a site plan, including parking, landscaping and amenities, as well as an accompanying letter from the issuing water/sewer authority stating there is adequate water/sewer availability for the proposed development. Development must be in accordance with the county development regulations. The engineering department should be consulted. In the event that a State Development of Regional Impact (DRI) review is required, a traffic impact study shall be required to be submitted to the county engineer for review before rezoning or conditional use. The traffic impact study shall be prepared, signed and sealed by a registered professional engineer and submitted to the county engineer or his/her designee for review. The county engineer shall submit comments to be reviewed by the Planning Commission and Commissioner as part of the zoning application.

7.5.7 Permitted uses in R-2 district. Within the R-2 residential district, no building, structure, land, or water shall be used except with one or more of the following uses. A use not specifically named within a district is not permitted:

(A)

Conventional or industrialized duplexes, triplexes, and quadraplexes are permitted. Separate bath/toilet facilities and kitchen/dining areas shall be provided for each dwelling unit.

(B)

Municipal, county, state, federal and other public uses, including parks and playgrounds; public utility and service structures.

(C)

In-home nursery schools (day cares) and kindergartens with no more than six children at any one time; provided that they shall have at least 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 feet.

(D)

Home occupations, see section 6.2.

(E)

Group homes for persons with a disability (for up to six residents not counting resident staff), licensed by and in compliance with the applicable regulations of the state department of human resources.

(F)

A vacant lot zoned R-2 may be used for one conventional single-family residence. Manufactured homes are prohibited. Property shall not be rezoned to R-2 for this purpose.

(G)

Churches, synagogues and similar places of worship. Accessory uses for churches and places of worship, such as schools, day cares, hospices, and similar facilities, are permitted.

7.5.8 Conditional uses in R-2 district. The following are permitted only with the grant of a conditional use permit under the requirements of article XVI. All such uses must likewise meet all requirements of this zoning district.

(A)

Telecommunications structures, subject to article XII.

7.5.9 Design standards for R-2 Housing Developments of 25 Units or Greater.

(A)

At least thirty-three percent (33%) of the building materials used for the total exterior façade must be brick or stone. Brick or stone materials shall wrap around at outside building corners of at least 3 feet height (water table). The remainder may be wood, hard-coat stucco, board and batten, cedar shakes, and fiber cement siding (hardi-board). Vinyl siding and External Insulation and Finishing Systems (EIFS) are prohibited.

(B)

Garages are required for each unit, unless shared central parking is provided. Doors shall be architectural in style. Standard panel doors are not permitted. Garage doors shall be recessed a minimum of 12 inches from the front façade.

(C)

Front facades shall have at least one of the following: front porch, stoop or balcony.

(D)

Units should be designed to provide a variety of facades. This can be achieved by changes in brick/stone color and materials, projection or recess of architectural features, or varied roof lines. Dormers or gable pediments shall be incorporated into minimum 25 percent of units.

(E)

Each unit shall have an architectural 6-panel door and window accents on all front windows, or similar features as approved by the zoning administrator. Each exterior wall shall have at least one window - at least one window on each side shall be minimum two feet in width by three feet in height.

(F)

(G)

At least three (3) architectural plans and designs showing all sides of proposed units shall be submitted for review to the zoning administrator for approval before issuance of building permits.

(H)

A minimum of ten percent (10%) of any housing development shall be set aside as open space. Parking lots, streets, setback areas, buffers, stormwater control measures, detention facilities, and so forth shall not count towards this requirement. Long, narrow strips of land shall not count towards this requirement. As part of the open space, an amenity tract of at least 20,000 square feet shall be located to be readily accessible to residents and shall contain some combination of sports fields, playgrounds, walking trails, pools, gazebos and similar facilities. At least one significant amenity feature (sport court, playground, walking trail, pool, etc.) or two smaller amenities (gazebo, fire pit, pergola, etc.) shall be included in the amenity tract and shall be noted on the site plan. The open space and amenity plan shall be reviewed and approved by the Zoning Administrator for compliance prior to the application for rezoning advancing.

(I)

This section shall apply to any development that has not obtained a land disturbance permit at the time of adoption of this ordinance.

(Ord. of 7-21-2021(4); Ord. of 11-3-2021(3), § VIII; Ord. of 1-5-2022(1), § IV; Ord. of 8-9-2023, §§ XIV, XV; Ord. of 7-10-2024, § II)

Sec. 7.6. - R-3 residential district (multi-family housing).

7.6.1 Purpose. The R-3 residential district is established primarily to encourage the development of multi-family housing such as apartments, condominiums and townhomes. The R-3 district is a residential district.

7.6.2 Area, yard, height and buffer requirements. The following requirements apply in the R-3 district:

Minimum development size: three acres on sewer. Septic not permitted.

Maximum density for apartments, condominiums, and condo-style townhomes: 16 dwelling units per acre in all cases, regardless if lot size minimums allow greater density.

Minimum lot size for townhomes: 1,200 square feet

Minimum tract/lot width at street R/W: 100 ft for new developments on existing streets. 25 feet for townhomes on internal streets.

Front yard setback (from right-of-way): 25 feet unless otherwise specified.

Side yard setback (from property line): 10 feet.

Rear yard setback (from property line): 25 feet.

Maximum building and structure height: 60 feet or four stories.

Buffers: 25 feet of undisturbed (if sufficiently dense) or vegetated buffer is required when adjacent to single-family residential use. See section 8.2.

Special Agricultural Protection Buffers: See section 8.2.3 for buffers required for homes built adjacent to existing agricultural activities.

7.6.3 Height exceptions. The height limitation does not apply to structures such as unoccupied and inaccessible architectural features on non-residential buildings (e.g., church spires, belfries, cupolas and domes), monuments, government-owned observation towers, water towers, chimneys, flag poles, aerials, and similar structures. Specific height requirements apply to signs and structures containing signs; see article XI.

7.6.4 Accessory structures. Accessory buildings and structures shall maintain the same front and side yards as the main structure; however, they will not project beyond the established building line. Rear yard setbacks shall be a minimum of ten feet.

7.6.5 Non-residential uses and accessory uses. Non-residential uses and accessory uses shall be set back at least 50 feet from all property lines, shall be screened by a 25-foot vegetative buffer, and shall also have a six-foot wooden fence on the inner or outer boundary of the buffer where adjacent to residentially-used property. Off-street parking/loading for all non-residential uses shall be provided in accordance with the county development regulations. Other provisions of the development regulations may be applicable, and the engineering department should be consulted. Non-residential uses must meet special building code requirements, and the county building inspections department and the county building code ordinance should be consulted.

7.6.6 Development in R-3. Application for rezoning to this zoning district shall require submission of a site plan, including parking, landscaping and amenities, as well as an accompanying letter from the issuing water/sewer authority stating there is adequate water/sewer availability for the proposed development. Development must be in accordance with the county development regulations. The engineering department should be consulted. In the event that a State Development of Regional Impact (DRI) review is required, a traffic impact study shall be required to be submitted to the county engineer for review before rezoning or conditional use. The traffic impact study shall be prepared, signed and sealed by a registered professional engineer and submitted to the county engineer or his/her designee for review. The county engineer shall submit comments to be reviewed by the Planning Commission and Commissioner as part of the zoning application.

7.6.7 Permitted uses in R-3 district. Within the R-3 residential district, no building, structure, land, or water shall be used except with one or more of the following uses. A use not specifically named within a district is not permitted:

(A)

Apartment developments. "Apartment" means a multi-family residential use of five or more attached dwelling units per building, which units are leased or rented and no fee title is conveyed; the entire development must stay in common ownership, with all buildings owned by the same entity that owns the common space, amenities, drives and parking areas. Apartment developments which comply with the following standards are permitted:

Maximum density 16 dwelling units per acre. Each dwelling unit shall have separate bath/toilet and kitchen/dining areas.

Buildings may have exterior access to apartments (i.e., garden-style) or internal access hallways.

Internal setbacks. Buildings shall be spaced at least 20 feet apart. The front of one building shall not face the rear of another building on the site.

External setbacks. All buildings must maintain a setback of 25 feet from all external property boundary lines and any rights-of-way.

At least one refuse collection station shall be provided for each 30 families or fraction thereof which shall be located not more than 50 feet from any dwelling unit.

(B)

Townhome developments. "Townhome" means a multi-family residential use consisting of three or more attached dwelling units for which fee simple title is conveyed and for which an incorporated mandatory homeowners' association is provided. Fee simple townhome developments which comply with the following standards are permitted:

Minimum lots 1,200 square feet on sewer.

Two off-street parking spaces shall be provided on site for each dwelling unit.

Each townhome shall have a minimum heated area of 1,200 square feet.

Internal setbacks. Buildings shall be spaced at least 20 feet apart. The front of one building shall not face the rear of another building on the site.

External setbacks. All buildings must maintain a setback of 25 feet from all external property boundary lines and any rights-of-way.

At least one refuse collection station shall be provided for each 30 families or fraction thereof which shall be located not more than 50 feet from any dwelling unit.

A homeowners association shall be created for the development with joint ownership of common areas of the grounds and/or buildings including but not limited to amenity structures, if individual lots and yards are not conveyed fee simple.

(C)

Condominiums. "Condominium" means individual ownership units in a multifamily structure with joint ownership of common areas of the grounds and/or buildings, or otherwise meeting the definition of condominium in the Georgia Condominium Act, O.C.G.A. Title 44, Chapter 3, Article 3. Requirements of section 7.6.7(B)(1—7) apply.

(D)

Municipal, county, state, federal and other public uses, including parks and playgrounds; public utilities and service structures.

(E)

(F)

Home occupations. See section 6.2.

(G)

Group homes for persons with a disability (for up to six residents excluding resident staff), licensed by and in compliance with the applicable regulations of the state department of human resources.

(H)

Churches, synagogues and similar places of worship. Accessory uses for churches and places of worship, such as schools, day cares, hospices, and similar facilities, are permitted.

(I)

A vacant lot zoned R-3 may be used for one conventional single-family residence. Manufactured homes are prohibited. Property shall not be rezoned to R-3 for this purpose.

7.6.8 Conditional uses in R-3 district. The following are permitted only with the grant of a conditional use permit under the requirements of article XVI. All such uses must likewise meet all requirements of this zoning district.

(A)

Telecommunications structures, subject to article XII.

(B)

Mixed Residential Common Developments. "Mixed Residential Common Developments" means a multi-family residential use of five or more attached or detached dwelling units per development, which units are leased or rented and no fee title is conveyed; the entire development must stay in common ownership, with all buildings owned by the same entity that owns the common space, amenities, drives and parking areas. Mixed residential common developments may consist of conventional site-built detached individual units, duplexes, triplexes, quadplexes, condos, townhomes, apartments, or a mixture thereof. As part of a conditional use application, a site plan and letter of intent shall be submitted stating the proposed number of units, types of units, and density in addition to the application requirements of section 7.6.6. Mixed residential common developments which comply with the following standards are permitted:

Maximum density 16 dwelling units per acre. Two off-street parking spaces shall be provided on site for each dwelling unit. Each dwelling unit shall have separate bath/toilet and kitchen/dining areas.

External setbacks. All buildings must maintain a setback of 25 feet from all external property boundary lines and any rights-of-way.

No residences shall be constructed on a lot or tract of land unless connected to sewer.

At least one refuse collection station shall be provided for each 30 families or fraction thereof which shall be located not more than 50 feet from any dwelling unit unless each unit is served by an individual refuse receptacle.

Design requirements of section 7.6.9 shall apply.

7.6.9 Design standards for Townhomes, Condominium and Apartment Developments.

(A)

Townhome and Condominium Design Standards.

At least thirty-three percent (33%) of the building materials used for the total exterior façade must be brick or stone. Brick or stone materials shall wrap around at outside building corners of at least 3 feet height (water table). The remainder may be wood, hard-coat stucco, board and batten, fiber cement siding and cedar shakes. Vinyl siding and External Insulation and Finishing Systems (EIFS) are prohibited.

Garages are required for each unit. Doors shall be architectural in style. Standard panel doors are not permitted. Garage doors shall be recessed a minimum of 12 inches from the front façade.

Front facades shall have at least one of the following: front porch, stoop or balcony.

No more than six units can be attached.

Front setbacks are a minimum 20 feet from the edge of pavement of internal streets in the development.

The developer shall provide a landscape plan as part of the civil plans to include native species trees, shrubs, and/or bushes showing and noting the types of landscaping, including type of ground cover to be used, in common spaces such as the amenities area, mail kiosk area, development entrance, etc. There shall be a required minimum 25 feet wide landscape strip along all existing public road frontages that shall be separate from residential lots. The landscape plan shall show and note at least one tree and bush for each residential lot or unit.

At least three (3) architectural plans and designs showing all four sides of proposed units or buildings shall be submitted for review to the zoning administrator for approval before issuance of building permits.

10.

A minimum of ten percent (10%) of any housing development shall be set aside as open space. As part of the open space, an amenity tract of at least 20,000 square feet shall be located to be readily accessible to all residents and shall contain some combination of sports fields, playgrounds, walking trails, pools, gazebos and similar facilities. At least one significant amenity feature (sport court, playground, walking trail, pool, etc.) or two smaller amenities (gazebo, fire pit, pergola, etc.) shall be shown and noted on the site plan. Parking lots, streets, setback areas, buffers, stormwater control measures, detention facilities, and so forth shall not count towards this requirement. Long, narrow strips of land shall not count towards this requirement. The open space and amenity plan shall be reviewed and approved by the Zoning Administrator for compliance prior to the application for rezoning advancing.

11.

This section shall apply to any development that has not obtained a Land Disturbance Permit at the time of adoption of this ordinance.

(B)

Apartment Design Standards.

At least thirty-three percent (33%) of the building materials used for the total exterior façade must be brick or stone. Brick or stone materials shall wrap around at outside building corners of at least 3 feet height (water table). The remainder may be wood, hard-coat stucco, board and batten, fiber cement siding and cedar shakes. Vinyl siding and External Insulation and Finishing Systems (EIFS) are prohibited.

Variation of materials shall be used to vary external wall surfaces, as well as varied roof lines. The building shall be designed that a variation of setback of at least 2 feet is required for every 100 feet of building length.

This section shall apply to any development that has not obtained a Land Disturbance Permit at the time of adoption of this ordinance.

(Ord. of 7-21-2021(4); Ord. of 11-3-2021(3), § IX; Ord. of 1-5-2022(1), § IV; Ord. of 8-9-2023, §§ XVI, XVII; Ord. of 7-10-2024, § III)

Sec. 7.7. - R-4 residential district (conventional, industrialized or manufactured single-family housing).

7.7.1 Purpose. The R-4 residential district is established primarily to encourage the development of smaller lot single-family developments, for conventional or industrialized homes. The R-4 district is a residential district.

7.7.2 Area, Yard, Height and Buffer Requirements. The following requirements apply in the R-4 District:

Minimum Lot Size: 15,000 square feet with sewer; if on septic, 26,000 square feet or greater as required by County Health Department. See Sec. 5.5.

Min. Lot Width at Street R/W (on existing road): 200 feet.

Min. Lot Width at Street R/W (in new development): 100 ft., 25 ft. on cul-de-sac.

Front yard setback (from right-of-way): 25 feet

Side yard setback (from property line): 10 feet

Rear yard setback (from property line): 25 feet

Maximum building and structure height: 50 feet

Buffers: None.

Special agricultural protection buffers: See Sec. 8.2.3 for buffers required for homes built adjacent to existing agricultural activities.

7.7.3 Height exceptions. The height limitation does not apply to structures such as unoccupied and inaccessible architectural features on non-residential buildings (e.g., church spires, belfries, cupolas and domes), monuments, government-owned observation towers, water towers, chimneys, flag poles, aerials, and similar structures. Specific height requirements apply to signs and structures containing signs; see Article XI.

7.7.4 Accessory structures. Accessory buildings and structures shall maintain the same front and side yards as the main structure; however, they will not project beyond the established building line. Rear yard setbacks shall be a minimum of ten feet.

7.7.5 Non-residential uses and accessory uses. Non-residential uses and accessory uses shall be set back at least fifty (50) feet from all property lines, shall be screened by a twenty-five (25) foot vegetative buffer, and shall also have a six-foot wooden fence on the inner or outer boundary of the buffer where adjacent to residentially-used property. Off-street parking/loading for all non-residential uses shall be provided in accordance with Bartow County Development Regulations. Other provisions of the Development Regulations may be applicable, and the Engineering Department should be consulted. Non-residential uses must meet special building code requirements, and the Bartow County Building Inspections Department and the Bartow County Building Code Ordinance should be consulted.

7.7.6 Development in R-4. Development must be in accordance with the Bartow County Development Regulations. The Engineering Department should be consulted.

7.7.7 Permitted uses in R-4 district. Within the R-4 residential district, no building, structure, land, or water shall be used except with one or more of the following uses. A use not specifically named within a district is NOT permitted:

(A)

Conventional, manufactured, or industrialized single-family dwellings. See Sec. 10.3 for manufactured housing regulations.

(B)

Municipal, county, state, federal and other public uses, including parks and playgrounds; public utility and service structures.

(C)

(D)

Home occupations, see Sec. 6.4.

(E)

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.

7.7.8 Conditional uses in R-4 district. The following are permitted only with the grant of a conditional use permit under the requirements of Article XVI. All such uses must likewise meet all requirements of this zoning district.

(A)

Telecommunications structures, subject to Article XII.

(B)

(Ord. of 7-21-2021(4); Ord. of 1-5-2022(1), § IV)

Sec. 7.8. - R-6 residential district (manufactured house parks).

7.8.1 Purpose. The R-6 residential district is established primarily to allow development of manufactured house parks. The R-6 district is a residential district.

7.8.2 Area, Yard, Height and Buffer Requirements. The following requirements apply in the R-6 District:

Minimum park size: 10 acres; minimum lot size in parks: 4,000 square feet.

Minimum park width: 400 feet; minimum lot width in parks: 50 feet.

Minimum density of park: 8 units per acre.

Front yard setback individual lots (from right-of-way): 40 feet

Side yard setback individual lots (from property line): 10 feet

Rear yard setback individual lots (from property line): 25 feet

Special right-of-way setback: no individual manufactured house may be located closer than 40 feet to any road right-of-way, whatever side of the house.

Maximum building and structure height: 50 feet

Buffers: Special, see below.

7.8.3 Height exceptions. The height limitation does not apply to structures such as unoccupied and inaccessible architectural features on non-residential buildings (e.g., church spires, belfries, cupolas and domes), monuments, government-owned observation towers, water towers, chimneys, flag poles, aerials, and similar structures. Specific height requirements apply to signs and structures containing signs; see Article XI.

7.8.4 Accessory structures. Accessory buildings and structures shall maintain the same front and side yards as the main structure; however, they will not project beyond the established building line. Rear yard setbacks shall be a minimum of ten feet.

7.8.5 Non-residential uses and accessory uses. Non-residential uses and accessory uses shall be set back at least fifty (50) feet from all property lines, shall be screened by a twenty-five (25) foot vegetative buffer, and shall also have a six-foot wooden fence on the inner or outer boundary of the buffer where adjacent to residentially-used property. Off-street parking/loading for all non-residential uses shall be provided in accordance with Bartow County Development Regulations. Other provisions of the Development Regulations may be applicable, and the Engineering Department should be consulted. Non-residential uses must meet special building code requirements, and the Bartow County Building Inspections Department and the Bartow County Building Code Ordinance should be consulted.

7.8.6 Development in R-6. Development must be in accordance with the Bartow County Development Regulations. The Engineering Department should be consulted.

7.8.7 Manufactured house parks. Manufactured house parks are the only uses permitted in R-6 districts, and are only authorized in this district. Manufactured house parks as defined in this Ordinance must adhere to the following conditions:

(A)

No manufactured house park shall be constructed or maintained on a lot or a total area of less than ten (10) acres, having a width of not less than 400 feet. This ten (10) acre minimum must be adhered to throughout the existence of the manufactured house park.

(B)

Each manufactured house space shall be at least fifty (50) feet in width and shall provide a minimum of 4,000 square feet. In cul-de-sac or curved street design, the width of the manufactured house space shall be at least fifty (50) feet at the location of the center of the manufactured house unit. Notwithstanding the foregoing, the maximum density of units on any one acre in any park shall not exceed eight (8) units. Manufactured house parks are not allowed except on public sewer. No individual or group septic systems are permitted for manufactured house parks.

(C)

A manufactured house shall be allowed in any park in this county so long as it is constructed at least in conformity with the requirements of the DCA, the Federal Manufactured Home Construction and Safety Standards Act (42 USC 5401 et seq.) and the regulations of the U. S. Department of Housing and Urban Development (HUD), and conforms to all other applicable regulations in this Ordinance.

(D)

A minimum of ten percent of the total usable area of any park shall be set aside and designated for recreational purposes.

(E)

The manufactured house park site plan including recreational plans and all proposed commercial uses, shall be submitted to the Bartow County Zoning Administrator for approval.

(F)

Each manufactured house site shall be provided with drives connecting with the interior drive and sufficient to provide two off-street parking spaces. In addition, driveways at least eighteen feet wide shall be provided to service buildings. Streets are required to be constructed according to minimum requirements provided in Bartow County Development Regulations.

(G)

One refuse collection station shall be provided for each twenty (20) families or fraction thereof. It shall be conveniently located for collection not more than 200 feet from any manufactured house served. If individual refuse containers are used on manufactured house sites, stands must be provided to hold the cans and screen them from public view.

(H)

A buffer strip at least twenty-five (25) feet wide shall be located adjacent to each exterior property line of the manufactured house park and shall not be included within any individual manufactured house lot. This buffer applies no matter what the zoning on adjacent property, except it shall be increased to a width of fifty (50) feet when located adjacent to single-family zoning districts. In the event the park is located next to a commercial or industrial district also requiring a buffer when adjacent to residential, then that parcel shall also contain the required buffer. The buffer strip in the R-6 district shall be densely planted with fast growing evergreen shrubs or trees (such as are at least six feet tall within one year).

(I)

An opaque wood fence at least six feet high must be erected all along the property line of the park, except along road frontage. The park owner must maintain the fence in good repair and appearance.

(J)

No manufactured house shall be located within ten (10) feet of its individual lot line or forty (40) feet from any public road right-of-way.

7.8.8 Permitted uses in R-6 district. Within the R-6 district, no building, structure, land, or water shall be used except with one or more of the following uses. A use not specifically named within a district is NOT permitted:

(A)

Individual manufactured houses, provided they are located in a manufactured house park which meets the requirements in Sec. 7.8.7.

(B)

Manufactured house parks subject to the requirements in Sec. 7.8.7.

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

Sec. 7.9. - O/I office and institutional district.

7.9.1 Purpose. The O/I residential district is established primarily to encourage the development of office and institutional type uses.

7.9.2 Area, Yard, Height and Buffer Requirements. The following requirements apply in the O/I District:

Minimum lot size: 26,000 square feet

Minimum lot width at street r/w: 100 feet.

Front yard setback (from right-of-way): 40 feet

Side yard setback (from property line): 20 feet

Rear yard setback (from property line): 20 feet

Maximum building and structure height: 50 feet

Buffers: 25 feet when adjacent to a single-family residential district or use; 50 feet when adjacent to residential district if O/I development exceeds 10,000 square feet.

7.9.3 Buffers. Buffer standards, and regulations regarding use and crossing of buffers, are located in Section 8.2.

7.9.4 Height exceptions. The height limitation does not apply to structures such as unoccupied and inaccessible architectural features on non-residential buildings (e.g., church spires, belfries, cupolas and domes), monuments, government-owned observation towers, water towers, chimneys, flag poles, aerials, and similar structures. Specific height requirements apply to signs and structures containing signs; see Article XI.

7.9.5 Building exterior finish. A metal panel exterior finish product shall not be allowed on metal buildings exceeding one hundred fifty (150) square feet in gross floor area constructed or placed on lots within the O-I district, unless finished with a product consisting of brick, stone, or hard-coat stucco, with the following exception: the rear wall of a metal building may be allowed to be finished with a metal panel if it is not visible from a public road or right-of-way. All commercial and retail operations in the O/I district must occupy a structure, of a minimum of 500 square feet. The total ground floor area of all structures on the lot shall not exceed 50 percent of the lot.

7.9.6 Development Plans and Site Lighting. Development must be in accordance with the Bartow County Development Regulations. The Engineering Department should be consulted. Uses in this district are subject to special building code requirements, and the Bartow County Building Inspections Department and the Bartow County Building Code Ordinance should be consulted.

All site lighting shall be directed downward onto the site, whether on the exterior of buildings or in parking areas. Light fixture poles cannot exceed forty (40) feet in height. Outdoor lighting fixtures must be located, aimed or shielded to minimize glare and stray light trespassing across lot lines and into the public right-of-way. Flood or spot lamps must be positioned no higher than 45 degrees above straight down (halfway between the vertical and the horizontal) when the source is visible from any off-site residential property or public roadway. These requirements apply to new developments as well as expansion by fifty percent (50%) or more in terms of additional parking spaces or gross floor area for existing developments or buildings, in which case the new area would need to comply with these standards. For any project that requires submittal of building plans, an applicant must first submit to the zoning administrator a site plan and/or structural exterior plan demonstrating compliance with these lighting standards prior to issuance of a building permit.

7.9.7 Permitted uses in O/I district. Within the O/I district, no building, structure, land, or water shall be used except with one or more of the following uses. A use not specifically named within a district is NOT permitted:

(A)

Offices.

(B)

Cultural facilities, including art galleries, museums, legitimate theaters, libraries, and other uses similar in character to those listed.

(C)

Offices of health service practitioner, including physicians, surgeons, dentists, and dental surgeons, osteopathic physicians, chiropractors, and other licensed practitioners similar to those listed.

(D)

Health service clinics, including a pharmacy as an accessory use.

(E)

General office uses, including sales representatives, legal services, engineering, architectural, accounting, auditing, bookkeeping, finance, real estate, insurance, and others similar in character to those listed.

(F)

Churches, synagogues and similar places of worship and their customary related uses. Accessory uses for churches and places of worship, such as schools, day cares, hospices, and similar facilities, are permitted. All such uses must meet off-street parking regulations, as required by the Bartow County Development Regulations.

7.9.8 Conditional uses in O/I district. The following are permitted only with the grant of a conditional use permit under the requirements of Article XVI. All such uses must likewise meet all requirements of this zoning district.

(A)

Telecommunications structures, subject to Article XII.

(Ord. of 7-21-2021(4); Ord. of 1-8-2025(1), § II)

Sec. 7.10. - C-N neighborhood business district.

7.10.1 Purpose. The C-N district is established primarily to encourage the development of smaller commercial uses that serve nearby neighborhoods. Such uses are intended to be consistent with the surrounding residential development in form, mass and design.

7.10.2 Area, Yard, Height and Buffer Requirements. The following requirements apply in the C-N District:

Minimum lot size: 26,000 square feet

Minimum lot width at street r/w: 100 feet.

Front yard setback (from right-of-way): 40 feet

Side yard setback (from property line): 20 feet

Rear yard setback (from property line): 20 feet

Maximum building and structure height: 50 feet

Buffers: 25 feet where adjacent to any single-family residential district or use.

7.10.3 Buffers. Buffer standards, and regulations regarding use and crossing of buffers, are located in Section 8.2.

7.10.4 Height Exceptions. The height limitation does not apply to structures such as unoccupied and inaccessible architectural features on non-residential buildings (e.g., church spires, belfries, cupolas and domes), monuments, government-owned observation towers, water towers, chimneys, flag poles, aerials, and similar structures. Specific height requirements apply to signs and structures containing signs; see Article XI.

7.10.5 Building exterior finish. A metal panel exterior finish product shall not be allowed on metal buildings exceeding one hundred fifty (150) square feet in gross floor area constructed or placed on lots within the C-N district, unless finished with a product consisting of brick, stone, or hard-coat stucco, with the following exception: the rear wall of a metal building may be allowed to be finished with a metal panel if it is not visible from a public road or right-of-way. All commercial and retail operations in the C-N district must occupy a structure, of a minimum of 500 square feet. Uses in the C-N district shall be consistent with any adjacent residential property in scale and size.

7.10.6 Development Plans and Site Lighting. Development must be in accordance with the Bartow County Development Regulations. The Engineering Department should be consulted. Uses in this district are subject to special building code requirements, and the Bartow County Building Inspections Department and the Bartow County Building Code Ordinance should be consulted.

7.10.7 Permitted uses in C-N district. Within the C-N district, no building, structure, land, or water shall be used except with one or more of the following uses. A use not specifically named within a district is NOT permitted:

(A)

Strip shopping centers of no more than 20,000 square feet.

(B)

Retail stores and shops, including the incidental sale of motor fuels on lots not exceeding one acre, and no more than six gas pumps (i.e., fueling stations for six vehicles).

(C)

Banks.

(D)

Grocery stores and markets, not exceeding 20,000 square feet.

(E)

Churches, synagogues and similar places of worship and their customary related uses, not exceeding 20,000 square feet of total heated space.

(F)

Nursery schools, adult and child day care centers and kindergartens; provided that they shall have at least thirty-five (35) square feet of indoor space for each child or supervised adult 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.

(G)

Restaurants, coffee shops.

7.10.8 Conditional uses in C-N district. The following are permitted only with the grant of a conditional use permit under the requirements of Article XVI. All such uses must likewise meet all requirements of this zoning district.

(A)

Telecommunications structures, subject to Article XII.

(Ord. of 7-21-2021(4); Ord. of 1-8-2025(1), § III)

Sec. 7.11. - C-1 general business district.

7.11.1 Purpose. The C-1 district is established primarily to encourage the development of general commercial uses.

7.11.2 Area, yard, height and buffer requirements. The following requirements apply in the C-1 District:

Minimum lot size: 26,000 square feet

Minimum lot width at street r/w: 100 feet.

Front yard setback (from right-of-way): 40 feet

Side yard setback (from property line): 20 feet

Rear yard setback (from property line): 20 feet

Maximum building and structure height: 75 feet

Buffers: 50 feet when adjacent to single-family residential district or use.

7.11.3 Buffers. Buffer standards, and regulations regarding use and crossing of buffers, are located in Section 8.2.

7.11.4 Height exceptions. The height limitation does not apply to structures such as unoccupied and inaccessible architectural features on non-residential buildings (e.g., church spires, belfries, cupolas and domes), monuments, government-owned observation towers, water towers, chimneys, flag poles, aerials, and similar structures. Specific height requirements apply to signs and structures containing signs; see Article XI.

7.11.5 Accessory structures. Accessory buildings and structures shall maintain the same front and side yards as the main structure; however, they will not project beyond the established building line. Rear yard setback shall be 10 feet. If the property is abutting the same zoning district, side and rear setbacks shall be zero, but fire code regulations must still be met.

7.11.6 Building exterior finish. A metal panel exterior finish product shall not be allowed on metal buildings exceeding one hundred fifty (150) square feet in gross floor area constructed or placed on lots within the C-1 district, unless finished with a product consisting of brick, stone, hard-coat stucco, or other appropriate product as approved by the zoning administrator or his/her designee. All commercial and retail operations in the C-1 district must occupy a structure of a minimum of 500 square feet.

7.11.7 Development and Site Lighting. Application for rezoning to this zoning district shall require submission of a site plan as well as an accompanying letter from the issuing water/sewer authority stating there is adequate water/sewer availability for the proposed development. Development must be in accordance with the Bartow County Development Regulations. The Engineering Department should be consulted. Uses in this district are subject to special building code requirements, and the Bartow County Building Inspections Department and the Bartow County Building Code Ordinance should be consulted. In the event that a State Development of Regional Impact (DRI) review is required, a traffic impact study shall be required to be submitted to the county engineer for review before rezoning or conditional use. The traffic impact study shall be prepared, signed and sealed by a registered professional engineer and submitted to the county engineer or his/her designee for review. The county engineer shall submit comments to be reviewed by the Planning Commission and Commissioner as part of the zoning application.

7.11.8 Permitted uses in C-1 district. Within the C-1 district, no building, structure, land, or water shall be used except with one or more of the following uses. A use not specifically named within a district is NOT permitted:

(A)

Retail business or service establishments including restaurants.

(B)

Offices, banks, and theaters.

(C)

Hotels, motels.

(D)

Loft condos/apartments, where the residential single-family living space is located above retail space. The residential areas cannot exceed fifty percent (50%) of the structure. Existing developments cannot be converted to this use, unless the entire property is redeveloped. The development must comply with the provisions of Sec. 7.5.7(B)(i) through (vii).

(E)

Institutional-Residential Uses: 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. See Sec. 9.1 for further regulations.

(F)

Funeral parlors and mortuaries provided any such use shall be located on a major street.

(G)

Veterinary clinics, kennels, and/or animal hospitals, provided no part of any building, structure, pen, or enclosure is located closer than fifty (50) feet to any property line.

(H)

Churches, synagogues and similar places of worship and their customary related uses.

(I)

Nursery schools, day care centers, and kindergartens; provided 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.

(J)

Private schools offering general education courses for more than one grade.

(K)

Newspaper offices and printing establishments.

(L)

Public buildings, structures and land, including public safety structures and facilities.

(M)

Public utility and service structures.

(N)

Tennis/racquetball courts/clubs, or similar facilities.

(O)

Bicycling, mountain bike course, hippodrome, with a minimum of two acres.

(P)

Indoor paintball and laser tag facilities and game centers.

(Q)

Outdoor paintball game courses and facilities, or similar facilities, with a minimum area of 10 acres. Hours of permitted operation are 8:00 a.m. to 9:00 p.m. "Paintball" means any game or event that involves using guns or devices that shoot capsules of paint or dye.

(R)

Theme or amusement park, provided the parcel is at least 100 acres in size; a 100-foot buffer from all adjacent property, meeting the requirements of Section 8.2.5, shall be required.

(S)

Welding shop, metal forging shop, both under 10,000 square feet.

(T)

Machine shop.

(U)

Reserved.

(V)

Propane storage tanks with individual tank capacities of no more than 15,000 gallons and no more than four tanks, on property of at least five acres. All tanks shall be setback at least 100 feet from the property line, and at least forty (40) feet from any building or structure.

(W)

Wholesale Establishments, Distribution Centers, and Office/Warehouses (excluding processing, fabrication, or manufacturing) on lots no larger than 30 acres.

(X)

Reserved.

(Y)

Automobile service stations, provided that all structures and buildings, except principal use signs, and including storage tanks, shall be placed not less than twenty-five (25) feet from any side or rear property line except where such side or rear property line abuts a street, in which case the setback shall be that required for such streets measured from the right-of-way. All buildings or structures including gas pumps and storage tanks, except principal use signs, shall comply with the setback requirements of any abutting street. No vehicles shall remain unattended on the premises for more than 72 hours except vehicles owned by the business, those vehicles on which active repair by the business is underway, and those held for lease or rental.

(Z)

Self service or automated car wash facility; when such facility is adjacent to existing residential use, an 8-foot opaque wooden fence shall be required along the property line.

(AA)

Automobile parking lots and garages of one acre or less provided said uses must be surrounded by a fence meeting the requirements of Section 8.2.5.

(BB)

Automobile sales and service; auto auctions.

(CC)

Truck stop. When adjacent to residential districts, buffer width increases to 100 feet.

(DD)

Bus terminals.

(EE)

Microbreweries, craft distilleries and brewpubs. Production is limited to an enclosed structure of 10,000 square feet.

(FF)

Other private outdoor recreational facilities not specifically listed in this subsection.

7.11.9 Conditional uses in C-1 district. The following are permitted only with the grant of a conditional use permit under the requirements of Article XVI. All such uses must likewise meet all requirements of this zoning district.

(A)

Telecommunications structures, subject to Article XII.

(B)

Indoor Firing Ranges. Any firing range must be located entirely inside a structure, and the structure must be sound-proofed such that no sound of the discharge of firearms is discernable at the property line. The structure must be designed and constructed with sufficient precautions to prevent stray bullets from escaping. This provision shall not apply to property owned by the County or property owned entities exempt from county zoning including the U.S. Government, a municipality within the County, or an entity regulated by the Georgia Public Service Commission (i.e., a public utility).

(C)

Storage Facilities. "Storage facilities" shall mean mini-warehouses and storage yards, including building materials, timber and lumber, and shall include storage yards for boats, RVs, and self-service storage facilities. Commercial vehicle parking, including tractor-trailer parking, where there is no primary structure and parking is the primary use of the lot, is also classified as a storage facility.

Self-service storage facility is defined as a fully enclosed facility containing independent bays, which are leased to individuals exclusively for storage of goods or personal property. In addition to standard commercial buffers, a 40 foot landscaped strip fronting the right-of-way shall be required. If abutting a commercial or industrial zoned property, the property shall include a 20 foot landscaped strip in the side and rear lot. All landscape strips shall have one tree planted every 20 feet, at least 5-foot tall at time of planting. If abutting residential districts, the 50-foot buffer still applies and shall remain undisturbed, in addition to a six-foot fence to be installed at the buffer. Buildings may only take up 30 percent of the ground area of the lot.

When filing for the Conditional Use Permit, the applicant shall submit a site plan showing all standard buffers and proposed landscaping, including types of trees to be used. The Planning Commission or County Commissioner may condition the application to increase buffers, setbacks, landscaping or other items. Existing Storage Facilities are made nonconforming by this provision and therefore shall need to file a conditional use application to expand.

(Ord. of 7-21-2021(4); Ord. of 8-9-2023, §§ XVIII, XIX; Ord. of 1-8-2025(1), § IV)

Sec. 7.12. - I-1 general industrial district.

7.12.1 Purpose. The I-1 district is established primarily to encourage the development of general industrial uses, as distinct from heavy industrial uses.

7.12.2 Area, Yard, Height and Buffer Requirements. The following requirements apply in the I-1 District:

Minimum lot size: 1 acre, or as required to meet buffers.

Minimum lot width at street r/w: 100 feet.

Front yard setback (from right-of-way): 40 feet

Side yard setback (from property line): 20 feet

Rear yard setback (from property line): 20 feet

Maximum building and structure height: 75 feet

Buffers: 200 feet when adjacent to residential districts or the C-N or O/I District. 50 feet when adjacent to the C-1 district.

7.12.3 Buffers. Buffer standards, and regulations regarding use and crossing of buffers, are located in Section 8.2.

7.12.4 Height Exceptions. The height limitation does not apply to structures such as unoccupied and inaccessible architectural features on non-residential buildings (e.g., church spires, belfries, cupolas and domes), monuments, government-owned observation towers, water towers, chimneys, flag poles, aerials, and similar structures. Specific height requirements apply to signs and structures containing signs; see Article XI.

7.12.5 Building Area. All industrial operations in the I-1 district must occupy a building or structure, of a minimum of 800 square feet.

7.12.6 Development and Site Lighting. Application for rezoning to this zoning district shall require submission of a site plan as well as an accompanying letter from the issuing water/sewer authority stating there is adequate water/sewer availability for the proposed development. Development must be in accordance with the Bartow County Development Regulations. The Engineering Department should be consulted. Uses in this district are subject to special building code requirements, and the Bartow County Building Inspections Department and the Bartow County Building Code Ordinance should be consulted. In the event that a State Development of Regional Impact (DRI) review is required, a traffic impact study shall be required to be submitted to the county engineer for review before rezoning or conditional use. The traffic impact study shall be prepared, signed and sealed by a registered professional engineer and submitted to the county engineer or his/her designee for review. The county engineer shall submit comments to be reviewed by the Planning Commission and Commissioner as part of the zoning application.

7.12.7 Permitted uses in I-1 district. Within the I-1 district, no building, structure, land, or water shall be used except with one or more of the following uses. A use not specifically named within a district is NOT permitted:

(A)

General industry, plants and facilities.

(B)

Any retail or service establishment dependent upon or closely related to industry.

(C)

Assembly plant.

(D)

Feed processing plant.

(E)

Fertilizer plant, mixing plant.

(F)

Carpet manufacturing plants.

(G)

Concrete plant.

(H)

Tire, rubber processing plant (not recycling facilities, see Sec. 9.5).

(I)

Soft drink bottler/distribution; beer and liquor distribution, distillery.

(J)

Water bottling plant.

(K)

Manufactured or portable building manufacturers.

(L)

Welding shop, metal forging shop.

(M)

Wholesaling and warehousing.

(N)

Mini-warehouses and self-storage facilities. Self-service storage facility is defined as a fully enclosed facility containing independent bays, which are leased to individuals exclusively for storage of goods or personal property. The front façade shall be finished with a product of brick, stone, stucco or other approved masonry. The sides and rear of the structure may be a metal-panel exterior finish. In addition to standard I-1 buffers, a 40 foot landscaped strip fronting the right-of-way shall be required. The landscape strip shall have one tree and five shrubs planted every 20 feet. Trees shall be at least 5-foot tall at the time of planting. If fronting a U.S. Highway, the landscape strip shall be 60 feet. Chain link fencing is prohibited along any road frontage.

(O)

Automobile service stations meeting the requirements of Sec. 7.11.8(Y).

(P)

Truck terminals.

(Q)

Storage yards, including building materials yards, lumber yards, and saw mills, but not junk yards or automobile junk yards, provided any such use is screened from view by a fence as set out in Section 8.2.5 of this Ordinance.

(R)

Storage tanks of under 50,000 gallons, for chemicals and other industrial substances, provided all such tanks are located at least 200 feet from the property line.

(S)

Propane storage tanks, of any size, located at least 40 feet from the property line.

(T)

Theme or amusement park.

(U)

Public or private utility service structures, including substations.

(V)

Crematories. All structures must be set back at least fifty (50) feet from property lines, and the property containing the crematory must be located at least one-thousand feet (1,000 ft) from the property line of any residentially-zoned or residentially-used property.

(W)

Medical, dental, laboratory or research facility (except any facility with Class IV biohazard containment facility or experimenting with chemical warfare or nerve agents shall require a conditional use permit).

(X)

Adult establishments in accordance with the requirements of appendix A.

(Y)

Places of worship and accessory uses.

(Z)

Auto parts and repair businesses, including towing companies, with associated recycling/salvage operations, on lots not larger than five (5) acres. No recycled or salvaged cars may be kept on site for more than 120 days; no long-term storage of junk cars shall be permitted. The premises must contain an enclosed building. All temporary storage of vehicles outside of buildings must be in the rear of any buildings on the property, and screened from view from the street and adjacent property by a combination of the buildings, opaque fencing and/or landscaping.

(AA)

Solid waste collections operations, limited to fleet maintenance and storage, and rolloff/dumpster storage, but not a solid waste transfer station. Storage of solid waste is prohibited. See Section 9.5 of the Zoning Ordinance.

(BB)

Lime Stabilization Organics Processing and Recycling Facility. Minimum lot size 10 acres required. All structures shall be setback at least 100 feet from all property lines and at least 1,000 feet from any existing single-family residence having a certificate of occupancy at the time of rezoning (or, if not rezoning required, at time of permitting) on adjacent and adjoining properties.

(CC)

Indoor recreation facility.

7.12.8 Conditional uses in I-1 district. The following are permitted only with the grant of a conditional use permit under the requirements of Article XVI. All such uses must likewise meet all requirements of this zoning district.

(A)

Telecommunications structures, subject to Article XII.

(B)

Solar power generation facilities. Sound barriers shall be required for noise mitigation around all inverter and transformer skid pads. Equipment shall be screened and fenced from adjacent property to restrict unauthorized access. Screening shall consist of a minimum 8-foot opaque fence with the addition of shrubbery, trees or an earthen berm. The applicant shall demonstrate that the proposal will not have an adverse effect on neighboring properties by providing aerials of the site, graphic renderings of the project, and/or pictures from the site of surrounding parcels demonstrating sight lines. Appropriate vegetated buffers and/or plantings may also be required to help limit the visual impact of the site and possible glare issues.

(C)

Online wholesale and retail sale and auction of used and damaged operable and inoperable automobiles, trucks, trailers, watercraft, power sports, industrial and construction equipment, and other vehicles (collectively "Vehicles"), where such vehicles remain on the property for 100 days or less, with the following restrictions:

Such use shall not adjoin a residential district;

There shall be no dismantling, crushing, or stacking of or draining fluids from vehicles;

Screening shall be installed from any public right-of-way which shall include a solid opaque fence or existing natural screen at least eight (8) feet in height, as well as additional screening as required by the Zoning Administrator;

The buffer between said use and any other Zoning District, except I-1 and I-2, shall be at least 100 feet, and such buffer area may include a berm at such height as required by the Zoning Administrator for proper screening;

Such use shall be on property no less than fifty (50) acres in size;

Any inoperable vehicles shall be no more than forty (40) percent of the total vehicles stored on site. For purposes of this section, "inoperable vehicles" shall mean the inability of a vehicle to start or move under its own power;

All lights on site shall be downward firing and shielded;

Hours of operation shall be no greater than 8:00 a.m. to 6:00 p.m., Monday through Saturday, with no operations on Sunday; and

No onsite auctions shall occur on the property.

10.

Additional storage time beyond 100 days shall be allowed for vehicles subject to a court order requiring additional storage time or where there is a delay in the title transfer process not caused by the property owner.

11.

The following accessory uses shall be allowed: office, temporary inventory storage, shipping/receiving and customer parking.

(D)

Commercial mulching operations and similar uses.

(E)

Reserved.

(Ord. of 7-21-2021(4); Ord. of 3-16-2022(1), § III; Ord. of 8-9-2023, § XX; Ord. of 12-6-2023(4), § III; Ord. of 12-4-2024(1); Ord. of 1-8-2025(1), § V)

Sec. 7.13. - I-2 heavy industrial district.

7.13.1 Purpose. The I-2 district is established primarily to encourage the development of heavy industrial uses, as distinct from general industrial uses.

7.13.2 Area, Yard, Height and Buffer Requirements. The following requirements apply in the I-2 District:

Minimum lot size: 1 acre, or as required to meet buffers.

Minimum lot width at street r/w: 100 feet.

Front yard setback (from right-of-way): 40 feet

Side yard setback (from property line): 20 feet

Rear yard setback (from property line): 20 feet

Maximum building and structure height: 75 feet

Buffers: 500 feet when adjacent to residential districts or the C-N or O/I District. 100 feet when adjacent to the C-1 district. 50 feet when adjacent to the I-1 District

Special setbacks and buffers: Due to the risk of explosion and damage to surrounding property, any chemical plant, petroleum refinery or petroleum processing plant, bulk storage tank farm, fertilizer plant or explosives plant, or similar use posing risk of explosion, shall be set back from the property line by at least 1,000 feet, including all structures and facilities except for parking areas, storm water and detention facilities, fencing and checkpoints, rail lines and related appurtenances. Any loading or unloading area must meet the setback. Any use specified in the paragraph shall require a 500 foot buffer for all adjacent property, no matter what the zoning district, and at least 200 feet of such buffer must be wooded, or planted with at least six rows of varying trees (tree plan to be approved by the zoning administrator to provide visual screening and some blast protection).

7.13.3 Buffers. Buffer standards and regulations regarding use and crossing of buffers, are located in Section 8.2.

7.13.4 Height Exceptions. The height limitation does not apply to structures such as unoccupied and inaccessible architectural features on non-residential buildings (e.g., church spires, belfries, cupolas and domes), monuments, government-owned observation towers, water towers, chimneys, flag poles, aerials, and similar structures. Specific height requirements apply to signs and structures containing signs; see Article XI.

7.13.5 Building Area. All industrial operations in the I-2 district must occupy a building or structure, of a minimum of 800 square feet.

7.13.6 Development and Site Lighting. Application for rezoning to this zoning district shall require submission of a site plan as well as an accompanying letter from the issuing water/sewer authority stating there is adequate water/sewer availability for the proposed development. Development must be in accordance with the Bartow County Development Regulations. The Engineering Department should be consulted. Uses in this district are subject to special building code requirements, and the Bartow County Building Inspections Department and the Bartow County Building Code Ordinance should be consulted. In the event that a State Development of Regional Impact (DRI) review is required, a traffic impact study shall be required to be submitted to the county engineer for review before rezoning or conditional use. The traffic impact study shall be prepared, signed and sealed by a registered professional engineer and submitted to the county engineer or his/her designee for review. The county engineer shall submit comments to be reviewed by the Planning Commission and Commissioner as part of the zoning application.

7.13.7 Permitted uses in I-2 district. Within the I-2 district, no building, structure, land, or water shall be used except with one or more of the following uses. A use not specifically named within a district is NOT permitted:

(A)

Any use permitted in an I-1 general industrial district, including general industry, plants and facilities.

(B)

Heavy industry, plants and facilities.

(C)

Assembly plant, and heavy assembly plant.

(D)

Asphalt plant.

(E)

Chemical plants.

(F)

Petroleum refinery/processing plant.

(G)

Petroleum, natural gas, or liquid propane (or similar flammable substance) substation or transfer station.

(H)

Bulk storage tanks (flammable or non-flammable); all tanks must be surrounded by spill-control dikes and other measures; flammable tanks must be kept at least 1,000 feet from property line. Bulk storage exceeds 50,000 gallons.

(I)

Steel plant, metal smelting, mini-mill, electric arc furnace and integrated steel mills.

(J)

Paper or pulp mills.

(K)

Scrap tire processing plants.

(L)

Brick or masonry plants.

(M)

Commercial mulching operations, and similar uses.

(N)

Chicken or meat processing plants.

(O)

Tannery, leather processing facility.

(P)

Railroad yards, switching yards, depots.

(Q)

Public utility service structures including substations.

(R)

Adult establishments in accordance with the requirements of appendix A.

(S)

Places of worship and accessory uses.

7.13.8 Conditional uses in I-2 district. The following are permitted only with the grant of a conditional use permit under the requirements of Article XVI. All such uses must likewise meet all requirements of this zoning district.

(A)

Telecommunications structures, subject to Article XII.

(B)

Landfills. See Sec. 9.4 for further regulations.

(C)

Recovered Material Processing Facilities and Solid Waste Handling Facilities, including Indoor Trash Transfer Stations. See Sec. 9.5. for further regulations.

(D)

Composting facility (see Sec. 9.5 for further regulations).

(E)

Junk yards, including automobile junk yards, and scrap yards, salvage yards or other salvage operations, conditioned upon the same being compatible with the existing heavy industry and not being distracting from the surrounding area and further conditioned upon such use being completely screened from view by a solid opaque wall, or existing natural screen at least eight (8) feet in height. Such junkyard shall comply with all setback requirements for this district and shall contain at least twenty (20) acres and not adjoin a residential area. The buffer between said use and another use permitted in this district or any other district shall be at least 500 feet at all points around the property line.

(F)

Explosives plant and explosives storage.

(G)

Public or private utility generation facilities; power plants (except nuclear power which is not permitted); solar power generation facilities; wind power generation facilities; public utility service structures including substations. For solar power generation facilities, sound barriers shall be required for noise mitigation around all inverter and transformer skid pads. Equipment shall be screened and fenced from adjacent property to restrict unauthorized access. Screening shall consist of a minimum 8-foot opaque fence with the addition of shrubbery, trees or an earthen berm. The applicant shall demonstrate that the proposal will not have an adverse effect on neighboring properties by providing aerials of the site, graphic renderings of the project, and/or pictures from the site of surrounding parcels demonstrating sight lines. Appropriate vegetated buffers and/or plantings may also be required to help limit the visual impact of the site and possible glare issues.

(H)

Trash transfer stations, provided that operations are in an enclosed facility and not within 1,000 feet of residentially-zoned or residentially-used property. Outdoor facilities must meet regulations of Sec. 9.5

(I)

Reserved.

(Ord. of 7-21-2021(4); Ord. of 12-6-2023(4), § IV; Ord. of 1-8-2025(1), § VI)

Sec. 7.14. - M-1 mining district.

7.14.1 Purpose. The M-1 district is established primarily to permit the mining of property. The permitting and regulation of the mining industry falls upon one or more of the following federal or state authorities: a) federal - U. S. Department of Labor, Mine Safety and Health Administration, Environmental Protection Agency; b) state - Georgia Department of Natural Resources, Environmental Protection Division.

7.14.2 Area, Yard, Height and Buffer Requirements. The following requirements apply in the M-1 District:

Minimum lot width at street r/w: 200 feet.

Front yard setback (from right-of-way): 150 feet

Side yard setback (from property line): 50 feet (none if abutting M-1)

Rear yard setback (from property line): 50 feet (none if abutting M-1)

Maximum building and structure height: 75 feet

Buffers: Buffer shall be either 100, 500 or 1,000 feet in width, depending on use or type of mining. See below.

7.14.3 Special buffer provisions.

(A)

Mining involving blasting or using of explosives (e.g. granite and limestone quarrying), or drilling for oil or natural gas or other hydrocarbons, shall require a 1,000-foot buffer when abutting a different district. No drilling shall be conducted within 1,000 feet of a preexisting well supplying drinking water.

(B)

Mining not involving blasting or use of explosives, but involving heavy excavators and large excavations or removal of overburden (e.g., strip mining, open pit mining, and some subsurface mining), shall require a 500-foot buffer when abutting a different district.

(C)

Shallow surface mining (mining on the surface not exceeding a depth below preexisting grade of ten feet) is permitted with a 100-foot vegetated buffer, when abutting a different district.

(D)

Any question of the appropriate buffer width shall be left to the interpretation of the Zoning Administrator, who shall be provided site plans and operational descriptions as required to make the necessary determination.

(E)

Other non-mining uses in the M-1 district shall require a 100-foot buffer when abutting a different district.

(F)

Buffer standards and regulations regarding use and crossing of buffers, are located in Section 8.2. The buffer shall be maintained by the property owner.

7.14.4 Height exceptions. The height limitation does not apply to structures such as unoccupied and inaccessible architectural features on non-residential buildings (e.g., church spires, belfries, cupolas and domes), monuments, government-owned observation towers, water towers, chimneys, flag poles, aerials, and similar structures. Specific height requirements apply to signs and structures containing signs; see Article XI.

7.14.5 Development Plans. Development must be in accordance with the Bartow County Development Regulations. The Engineering Department should be consulted. Uses in this district are subject to special building code requirements, and the Bartow County Building Inspections Department and the Bartow County Building Code Ordinance should be consulted. In the event that a State Development of Regional Impact (DRI) review is required, a traffic impact study shall be required to be submitted to the county engineer for review before rezoning or conditional use. The traffic impact study shall be prepared, signed and sealed by a registered professional engineer and submitted to the county engineer or his/her designee for review. The county engineer shall submit comments to be reviewed by the Planning Commission and Commissioner as part of the zoning application.

7.14.6 Permitted uses in M-1 district. Within the M-1 district, no building, structure, land, or water shall be used except with one or more of the following uses. A use not specifically named within a district is NOT permitted:

(A)

Mining and quarrying; extraction of natural resources from the earth; drilling for oil, gas or other hydrocarbons.

(B)

Activities directly related to, and in the support of, the excavation of minerals or rock materials which are beneficial and sold for profit. Such activities may be surface, underground, subaqueous, or solution in nature.

(C)

Public utility and service structures.

(D)

Concrete plant, masonry plant, brick plant.

(E)

Fertilizer plant.

(F)

Inert waste landfills. See Sec. 9.4.

7.14.7 Conditional uses in M-1 district. The following are permitted only with the grant of a conditional use permit under the requirements of Article XVI. All such uses must likewise meet all requirements of this zoning district.

(A)

Telecommunications structures, subject to Article XII.

(B)

Explosives plant and explosives storage, when accessory to mining operations.

7.14.8 Application requirements. Any application for rezoning to the M-1 district shall be accompanied by the following:

A detailed site plan; at a minimum, the site plan shall indicate the following: proposed location of phased mining operations; proposed locations or disposition of topsoil, overburden, and by-products, on- or off-site.

A letter of intent including, but not limited to, an operations plan describing the date proposed for the commencement of operations, expected durations, and proposed hours and days of operation. Said letter shall also describe the nature of mining operations, minerals or materials to be extracted, method(s) of extraction, and equipment and materials (e.g., explosives) to be used.

If the rezoning application is granted, the compliance with the terms of the letter of intent shall be considered a condition of zoning which runs with the land. Mining activities performed subsequent to the rezoning shall be consistent with the mining operation, methods and equipment stated in the letter of intent and any other conditions of zoning imposed as part of the rezoning. The letter of intent and any other conditions of zoning can be modified in the same manner as other conditions of zoning after compliance with the applicable process for zoning decisions.

The letter of intent shall affirm that the operation will comply with the applicable buffer requirements in this ordinance, any conditions imposed by the State as part of a permitting process, and the following: operations shall not be permitted on Sundays and holidays.

If the applicant is a holder of mineral rights, but not the subject property's fee owner, the letter of intent shall explain how the operation will affect the property owner's use of the property, and shall be served on the property owner at the time the application is filed by personal service or certified mail, return receipt requested, at that address that the property owner has provided to the County tax assessor's office or its registered agent. The return receipt or affidavit of service shall be filed with the zoning file prior to any final zoning decision on the application.

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

Sec. 7.15. - PUD planned unit development district.

7.15.1 Purpose. The PUD district is established to encourage the development of master planned communities that may contain one or more uses within the development. The PUD district is intended to encourage flexible and creative concepts in site planning while providing a development compatible with surrounding residential areas.

7.15.2 Area, Yard, Height and Buffer Requirements. The following requirements apply in the PUD District:

Minimum Lot Width at Street R/W for individual lot: As specified on the concept site plan. If not specified, 50 ft., 25 ft. on cul-de-sac.

Setbacks for individual lots: As specified on the concept site plan with the exception that proposed single-family detached home lots cannot have smaller than 5 feet side setbacks. If not specified, based on the applicable zoning district for the proposed use.

External Setback: 25 feet (i.e., all buildings to be at least 25 feet from external boundaries of PUD development).

Maximum Building and Structure Height: As specified on the concept site plan. If not specified, based on the applicable zoning district for the proposed use. In all cases, maximum 75 ft.

Buffers: Buffers in PUD districts shall be set according to the zoning district that corresponds to the proposed use and density. Buffers shall be shown on the concept site plan.

Minimum lot size and unit size per dwelling unit:

Single-family detached. As specified on the concept site plan. If not specified, based on the applicable zoning district for the proposed use. In all cases, minimum 5,000 sqft lot size and minimum 1,200 sqft heated area with minimum 5:12 roof pitch.

Minimum lot size and unit size for townhomes: As specified on the concept site plan. If not specified, based on the R-3 district standard. In all cases, minimum 1,200 sqft lot size and minimum 1,200 sqft heated area per townhome.

Maximum density for apartments, condominiums, and condo-style townhomes: 16 dwelling units per acre.

7.15.3 Height Exceptions. The height limitation does not apply to structures such as unoccupied and inaccessible architectural features on non-residential buildings (e.g., church spires, belfries, cupolas and domes), monuments, government owned observation towers, water towers, chimneys, flag poles, aerials, and similar structures. Specific height requirements apply to signs and structures containing signs; see Article XI.

7.15.4 Accessory Structures. Accessory buildings and structures shall maintain the same front and side yards as the main structure; however, they will not project beyond the established building line. Rear yard setbacks shall be a minimum of ten feet. Non-residential accessory uses shall be set back at least fifty (50) feet from the property line, shall be screened by a twenty-five (25) foot vegetative buffer, and shall also have a six-foot wooden fence on the inner or outer boundary of the buffer where adjacent to residentially-used property, or as otherwise required by the Zoning Administrator during the review process. Off-street parking/loading for all non-residential uses shall be provided in accordance with Bartow County Development Regulations.

7.15.5 Development and Site Lighting. Application for rezoning to this zoning district shall require submission of a site plan as well as an accompanying letter from the issuing water/sewer authority stating there is adequate water/sewer availability for the proposed development. Development must be in accordance with the Bartow County Development Regulations. The Engineering Department should be consulted. Uses in this district are subject to special building code requirements, and the Bartow County Building Inspections Department and the Bartow County Building Code Ordinance should be consulted. In the event that a State Development of Regional Impact (DRI) review is required, a traffic impact study shall be required to be submitted to the county engineer for review before rezoning or conditional use. The traffic impact study shall be prepared, signed and sealed by a registered professional engineer and submitted to the county engineer or his/her designee for review. The county engineer shall submit comments to be reviewed by the Planning Commission and Commissioner as part of the zoning application.

7.15.6 Applicable standards. A planned unit development district shall be located only in an area where adequate water and sewer services are available. Said district may consist of various residential dwellings, commercial or industrial sites or combinations thereof. In the event that there are proposed significant changes to an existing property zoned PUD, including but not limited to change in one or more uses or a change in the number of units by twenty five percent (25%) or more, a zoning application to amend the zoning conditions shall be required, which shall include submittal of a revised site plan, letter from the water/sewer authority confirming availability, and other information as may be required by the zoning administrator.

7.15.7 Application. The following shall be filed with the application for rezoning, in addition to any information otherwise required of all rezoning applications. A concept site plan shall be submitted to the zoning administrator at the time of filing for rezoning and the PUD must be conditioned to the concept site plan at the rezoning hearing. Concept site plans shall include all of the following:

(A)

The proposed name of the PUD;

(B)

An aerial photograph of the area and vicinity;

(C)

A complete and accurate legal description of the proposed PUD property;

(D)

Minimum lot width at street right-of-way, minimum setbacks, and minimum lot sizes;

(E)

Maximum building and structure height;

(F)

Buffers shown according to the zoning district that corresponds to the proposed use and density, or as otherwise proposed;

(G)

A tabulation of total acreage of the site designated for various uses;

(H)

Proposed lots in the PUD and proposed densities (units per acre);

(I)

Proposed circulation pattern of the public streets and private driveways;

(J)

Parking layout;

(K)

All access points to streets to be located and which shall have been reviewed by the county engineer and/or the Georgia Department of Transportation;

(L)

Minimum of ten percent (10%) of the PUD to be set aside as contiguous greenspace, at least 100 feet in width, which may include amenities and recreational purposes. The greenspace shall be directly accessible to the largest practical number of lots within the development. The greenspace should adjoin any neighboring areas of open space, other protected areas, and nonprotected natural areas that would be candidates for inclusion as part of a future area of greenspace. Greenspace cannot be entirely along the perimeter of the development. An amenity tract of at least 20,000 square feet shall be located to be readily accessible to residents. At least one significant amenity feature (sport court, playground, walking trail, pool, etc.) or two smaller amenities (gazebo, fire pit, pergola, etc.) shall be shown and noted on the site plan. Proposed amenities may include walking trails, water features, pedestrian plazas, playground equipment, and other recreational facilities. Parking lots, streets, setback areas, stormwater control measures, and detention facilities shall not count toward this requirement.

(M)

In addition to the concept site plan, the following shall be submitted:

Utility availability letter from the water and sewer provider(s).

Letter of explanation providing an overview description of the project.

Example architectural renderings of proposed residential structures.

7.15.8 Permitted uses in the PUD district. Residential, commercial, and industrial uses are permitted in the PUD District. Proposed uses shall be listed on the concept site plan and applicable zoning districts shall be determined by the zoning administrator at time of zoning. The architectural standards for the applicable districts shall be adhered to as part of the development process.

7.15.9 Consideration of the application for a PUD shall be in accordance with the procedures set forth in Article XV of this Ordinance, provided, however, the applicant may request, at the time of filing the application, an extended presentation time.

7.15.10 Except as otherwise expressly provided herein, the PUD shall comply with all the requirements of this Ordinance.

7.15.11 Conditional uses in PUD district. Telecommunications structures may be permitted as conditional uses in the PUD District, subject to Article XII of this Ordinance.

7.15.12 Design standards for PUD developments.

(A)

At least fifty percent (50%) of the building materials used for the total exterior façade must be brick or stone. Brick or stone materials shall wrap around at outside building corners of at least 3 feet height (water table). The remainder may be wood, hard-coat stucco, board and batten, fiber cement siding and cedar shakes. Vinyl siding and External Insulation and Finishing Systems (EIFS) are prohibited.

(B)

Garages are required for each townhome and home. Doors shall be architectural in style. Standard panel doors are prohibited. Garage doors shall be recessed a minimum of 12 inches from the front façade.

(C)

Front facades for each townhome and home shall have at least one of the following: front porch, stoop, or balcony.

(D)

For townhomes, no more than six units can be attached.

(E)

For townhomes and homes, units should be designed to provide a variety of facades. This can be achieved by changes in brick/stone color and materials, projection or recess of architectural features, or varied roof lines. Dormers or gable pediments shall be incorporated into 25 percent of units.

(F)

Each residence shall have at least one window on all sides - at least one window on each side shall be minimum two feet in width by three feet in height.

(G)

Nonresidential development design. A metal panel exterior finish product shall not be allowed on metal buildings exceeding one hundred fifty (150) square feet in gross floor area constructed or placed on lots within the PUD district, unless finished with a product consisting of brick, stone, hard-coat stucco, or other appropriate product as approved by the zoning administrator or his/her designee. Refuse areas (dumpsters) shall be placed in the least visible location from public streets and shall be enclosed on three (3) sides with opaque walls, with the fourth side being an opaque closing gate. Height of an opaque wall shall be at least one foot higher than the receptacle. All site lighting shall be directed onto the site.

(H)

(I)

(J)

This section shall apply to any development that has not obtained a Land Disturbance Permit at the time of adoption of this ordinance.

(Ord. of 7-21-2021(4); Ord. of 1-5-2022(1), § III; Ord. of 8-9-2023, § XXI; Ord. of 7-10-2024, § IV; Ord. of 1-8-2025(1), § VII)

Sec. 7.16. - Conservation subdivision (special district).

7.16.1 Purpose. It is the purpose and intent of Bartow County in enacting these regulations to provide for increased greenspace in Bartow County, and to preserve open land in perpetuity for future generations, while not increasing the overall development levels for the County. The purpose is further to increase the aesthetic beauty of the County, improve the value of adjacent property, and generally serve to enhance the public health, safety and welfare of the citizens of Bartow County.

7.16.2 Procedure. A conservation subdivision allows increased residential density in conjunction with the fee simple grant of undeveloped and undisturbed greenspace to the County or to such land trust as the County may designate. The applicant seeking to develop a conservation subdivision must meet with the Zoning Administrator and provide a survey of the entire tract, prior to placement of lots and roads. The County and the applicant shall then agree upon the tract to be donated. Where possible, the tract to be donated should link up with other greenspace tracts or trails. A minimum of one-half of the total acreage of the parcel must be donated to qualify for a conservation subdivision. Alternative greenspace arrangements are also available. See Section 7.16.9.

7.16.3 Applicable districts. A conservation subdivision is permissible in the following zoning districts: R-1, R-2, R-4, RE-1, and RE-2.

7.16.4 Development regulations. In a conservation subdivision, the following development standards shall apply.

(A)

Minimum lot size is reduced by 50% from the existing minimum residential lot size under that zoning classification, if sewer is available. For example, in authorized "R" districts, minimum lot size reduces to 7,500 square feet. In "RE" districts, minimum lot size becomes 1.5 acres. If sewer is not to be used for waste disposal, the minimum lot size shall be 50% of the existing minimum, or the amount required by the health department, whichever is greater.

(B)

The overall density of lots shall not exceed that number which would be permissible under the normal development standards; gross density shall not be increased, except as provided in subparagraph (C) below.

(C)

Curb and gutter shall not be required in conservation subdivisions in RE-1 and RE-2 districts. In RE-1 and RE-2 districts only, a twenty percent (20%) density bonus shall be granted if the developer chooses to install curb and gutter, and the lot size shall be reduced sufficiently to grant this bonus; however, health department regulations shall still apply.

(D)

In the R-1, R-2, and R-4 districts, front setbacks are reduced to 15 feet, and rear setbacks are reduced to 20 feet. The minimum width at the building line is reduced to 60 feet. The setbacks and minimum building line width for RE-1 and RE-2 are not changed.

7.16.5 Greenspace Areas. Greenspace areas shall include, but not be limited to, wetlands, river buffer zones, woodlands, wildlife corridors, pastures, meadows, and similar natural property. Greenspace areas shall be contiguous on the parcel. Greenspace shall be contiguous to other greenspace parcels, county parks, Corps of Engineer property, national parks, and similar preserved land where possible. Greenspace land shall be undisturbed and undeveloped. Greenspace must be accessible by a county or state road, or by easement. Hunting shall not be permitted in greenspace areas and any deed of conveyance of greenspace to the County or land trust shall contain a deed restriction to that effect.

7.16.6 Standards. Approval of a conservation subdivision shall be granted or denied by the Zoning Administrator. The Zoning Administrator shall consider the following factors:

(A)

Whether the applicant has designated and offered to dedicate appropriate amounts and locations of greenspace.

(B)

Whether the conservation subdivision would be detrimental to the surrounding uses.

(C)

Whether the terrain or location of the property is not suitable for a conservation subdivision, or is not desirable as greenspace.

(D)

Whether the area remaining after dedication of greenspace is suitable for development at the proposed density.

7.16.7 Approval, post-approval procedure. The Zoning Administrator shall issue written approval or denial of the conservation subdivision. Upon approval of the conservation subdivision, the applicant shall cause a survey and legal description to be prepared of the greenspace. Greenspace shall be clearly identified on all preliminary plans and all development plans. Greenspace shall be dedicated to a land trust as the developer may designate, the County, or to the Home Owners' Association prior to approval of the final plat, by fee simple deed, to be preserved in perpetuity as greenspace. Appeal of the approval of a conservation subdivision must be initiated within thirty (30) days of written approval by the Zoning Administrator of the conservation subdivision. If an appeal is initiated, the applicant may withhold dedication until the appeal is completed.

7.16.8 Appeal. Appeal of the Zoning Administrator's decision to approve or deny a conservation subdivision can be taken by the applicant or any aggrieved citizen by filing a notice of appeal within thirty days with the Zoning Administrator, who shall forward the appeal directly to the Board of Appeals. The Board of Appeals shall hear the appeal at the next available hearing. Appeals from the Board of Appeals shall be to the Commissioner pursuant to Article XIV.

7.16.9 Alternative greenspace. In a conservation subdivision, the applicant may propose alternatives from the standard requirement. The applicant may propose purchasing an equivalent amount of greenspace adjacent and contiguous to existing county greenspace elsewhere in the County; the applicant may propose donating an equivalent amount of greenspace to an approved land trust; or the applicant may propose submitting funds to purchase an equivalent amount of greenspace, to be paid into a County greenspace bank for future purchase of greenspace at the County's discretion. Such dollar amounts would be based on appraisals approved by the Zoning Administrator, at pre-development values. Payment or contribution of land shall occur prior to approval of the final plat. Any alternative greenspace arrangement must be approved by the Commissioner. Alternative greenspace arrangements require the voluntary cooperation of the applicant; otherwise, the standard requirement shall apply.

(Ord. of 7-21-2021(4); Ord. of 3-16-2022(1), § IV)

Sec. 7.17. - Etowah Valley historic district (special district).

7.17.1 Purpose. It is the purpose and intent of Bartow County in enacting these regulations to provide for the identification of and protection of historical and cultural artifacts and sacred locations of the Muscogee (Creek) Nation and the Eastern Band of the Cherokee Nation, which are two Native American Nations that are historically connected to the Etowah River Valley (referred to collectively as "Native American Nations"). The identification and protection of such artifacts and locations is of great benefit to the public welfare, in that it preserves and promotes understanding of the County's and the nation's history, enhances the aesthetic environment, encourages proper economic development, provides tourism opportunities, and benefits all citizens. This Ordinance further honors the agreement made with the Nations by Bartow County. Property in the Etowah Valley Historic District is subject to additional procedures prior to rezoning or development, in order to achieve these purposes.

7.17.2 District established. The Etowah Valley Historic District is an overlay district, the boundaries of which are depicted on the map described in Section 7.17.3. All provisions of the underlying zoning district shall continue to apply in addition to the requirements of this Section. In cases of conflict, the stricter requirement shall control.

7.17.3 District boundaries. The boundaries of the Etowah Valley Historic District shall be as depicted on the map designated "Bartow County Etowah Valley Historic District," dated August 6, 2003, which map is incorporated into this Ordinance by reference, and which map shall be kept in the office of the Zoning Administrator and shall be available for public inspection at all times.

7.17.4 Rezoning; land use map change. Application for Rezoning or Land Use Map Amendment; Notification:

(A)

Any applicant seeking an amendment to the land use map, or seeking a rezoning for any property located in the Etowah Valley Historic District shall, prior to filing an application, send notice to the Native American Nations at the address given in Section 7.17.8. The notice provided to the Nations must contain a copy of the proposed application. The notice shall also state that the Nations have thirty days to respond and comment on the application, from the date of their receipt, and that all such comments shall be sent to both the applicant and the Bartow County Zoning Administrator, at 135 W. Cherokee Avenue, Cartersville, Georgia 30120.

(B)

Notices shall be sent certified mail, return receipt requested, to the addresses listed in Sec. 7.17.8. Copies of the notices shall be filed with the application. The return receipt of all notices shall be filed with the Zoning Administrator within thirty days of the application being filed.

(C)

No Planning Commission hearing can be held on any application falling under this section until at least thirty days after the date of the last return receipt indicating notice to the Nations. Any comments received shall be included in the file for review by the Planning Commission and Bartow County Commissioner.

7.17.5 Development; land disturbance permit. Application for Development or Land Disturbance; Survey Required; Notification:

(A)

Any applicant seeking a permit or approval for any development (as defined in the Bartow County Zoning Ordinance) or land disturbance permit in the Etowah Valley Historic District, other than one seeking to erect a single-family residence on a single lot, shall commission an archaeological survey for any property or portion of property within the boundaries of the District. The survey shall be conducted by a qualified archaeologist, as defined in Sec. 7.17.10. No application will be accepted by the County without a completed archaeological survey.

(B)

The Native American Nations shall be notified prior to the commencement of the archaeological survey by notice stating that a survey is being commenced and describing the subject property, and identifying the archaeologist.

(C)

The Nations shall also be notified of the completion of the archaeological survey and shall be sent a copy of the completed survey and the application (including site plan), prior to submission to Bartow County. This notice shall state that the Nations have thirty days to respond and comment on the application and survey, from the date of their receipt, and that all such comments shall be sent to both the applicant and the Bartow County Zoning Administrator, at 135 W. Cherokee Avenue, Cartersville, Georgia 30120.

(D)

All notices shall be sent to the addresses listed in Sec. 7.17.8, via certified mail, return receipt requested. Copies of all notices sent shall be filed with the application. The return receipt cards of all notices must be filed with the Zoning Administrator within thirty days of the application being filed.

(E)

If the Nations desire to dispute the recommendation of the applicant's archaeological survey regarding the subject property, they shall be required to submit their own survey and/or recommendation from a qualified archaeologist, as defined in Sec. 7.17.10. Each Nation may submit its own survey. Any survey shall be prepared to the standards of Sec. 7.17.6. The Nations shall submit such survey or recommendation to the applicant and the Zoning Administrator within thirty days of receipt of the application. If no survey is submitted, the Nations' archaeologist shall at least make a recommendation, consistent with his or her best professional judgment, as to what action should be taken on the site, e.g.: further survey, removal, avoidance, mitigation, preservation in place, data recovery, or other actions.

7.17.6 Archaeological survey standards.

(A)

Archaeological surveys shall be prepared by a qualified archaeologist, as defined in Section 7.17.10. Archaeological surveys shall be prepared pursuant to the standards contained in the Archaeological Assessment Report Guidelines and Components, produced by the Georgia Department of Natural Resources, Historic Preservation Division ("HPD"). Surveys shall be "Intensive Level Surveys" as defined in that document. Surveys shall identify any Significant sites, historic sites or artifacts, or prehistoric sites or artifacts on the property. A "Significant" site is a site that is listed, or potentially would be eligible for listing, in the National Register for Historic Places.

(B)

If any archaeological survey reveals any Significant sites, historic sites or artifacts, or prehistoric sites or artifacts, the archaeologist preparing the survey shall make a recommendation, consistent with his or her best professional judgment, as to what action should be taken on the site, e.g.: further survey, removal, avoidance, mitigation, preservation in place, data recovery, or other actions. If the survey reveals no Significant sites, historic sites or artifacts, or prehistoric sites or artifacts, the archaeologist shall so state.

(C)

The survey shall also include a resume, CV, or other documents demonstrating that the author is a qualified archaeologist as defined in Section 7.17.10.

(D)

Potential applicants are advised, but not required, to commission a "Reconnaissance Level Survey" well in advance of significant development expenditures, to identify issues as early as possible. Neither notice nor filing of that report is required.

7.17.7 Survey review and decisions; referral to state historic preservation division.

(A)

The "Intensive Level" archaeological survey shall be submitted with the application for development permits, and shall be available to the public. Comments shall be accepted from the Native American Nations and any other party wishing to comment, in written form. The Nations may also submit a survey or recommendation from a qualified archaeologist, as discussed in Sec. 7.17.5, above. Each nation may submit its own recommendation. The Zoning Administrator shall have the longer of sixty (60) days from the date of filing of the application and survey, or thirty (30) days from the date of receipt of the last certified mail "return receipt" indicating notice to the Nations, or thirty (30) days from the receipt of the Nations' survey or comments, for initial review of the archaeological survey. One extension of up to sixty (60) days may be granted of this period at the discretion of the Zoning Administrator.

(B)

In regards to whether any Significant historic or prehistoric sites or artifacts exist, and what action if any should be taken with such sites or artifacts, the County shall follow the recommendation of the applicant's qualified archaeologist, unless the Nations submit a different recommendation from their own qualified archaeologist.

(C)

In the event there is a dispute between the applicant's archaeologist and the Nations' archaeologist over the existence of Significant historic or prehistoric sites or artifacts, or a dispute over what action should be taken with such sites or artifacts, the surveys and recommendations from both the applicant and the Nations shall be submitted to the Georgia Department of Natural Resources, Historic Preservation Division ("HPD"), at 156 Trinity Avenue, SW, Suite 101, Atlanta, GA 30303-3600, with a request for technical resource assistance, and a recommendation on action to take. The HPD shall be informed in the request that if no recommendation is received within sixty (60) days from the date the request is mailed, the recommendation of the applicant's archaeologist shall be accepted.

(D)

In the event assistance is requested from the Historic Preservation Division, the County shall await the HPD's recommendation, and shall refer to and rely upon the HPD's comments, and implement the HPD's recommendation. If no response is received from the HPD within sixty (60) days from the date the request is mailed, the recommendation of the applicant's archaeologist shall be accepted.

(E)

All other provisions of applicable County ordinances must also be satisfied prior to permits being issued.

7.17.8 Native American Nations; notification addresses. The terms "Native American Nations" and "Nations," as used in this Ordinance, refer exclusively to the Muscogee (Creek) Nation and the Eastern Band of the Cherokee Nation. Any required notice shall be sent to the Nations at the following addresses:

For the Muscogee (Creek) Nation:
Attn: Joyce A. Bear or successor
Cultural Preservation Office
Muscogee (Creek) Nation
P.O. Box 580
Okmulgee, OK 74447
(918) 756-8700 ext. 603; email: cultural@ocevnet.org

For the Eastern Band of the Cherokee Nation:
Attn: Lee Clauss or successor
Cultural Resources/THPO
Eastern Band of Cherokee Indians
P.O. Box 455
Cherokee, NC 28719
(828) 497-1589 or -1594; email: leeclauss@nc-cherokee.com

7.17.9 Human Remains, Cemeteries and Burial Grounds. No known cemetery, burial ground, human remains, or burial object (as those terms are defined in O.C.G.A. § 36-72-2) shall be knowingly disturbed by the owner or occupier of the land on which the cemetery or burial ground is located for the purposes of developing or changing the use of any part of such land unless a permit is first obtained from Bartow County pursuant to the provisions of O.C.G.A. § 36-72-1 et seq., which are incorporated herein by reference. Any discovery of any human remains, cemetery, burial ground or burial object must be reported to the Zoning Administrator and the Native American Nations.

7.17.10 Qualifications for Archeologist. A "qualified archaeologist" is an archaeologist who meets the U.S. Department of the Interior, National Park Service professional qualification standards for archaeologists, as published in the Code of Federal Regulations, 36 CFR Part 61, as follows:

(A)

The minimum professional qualifications in archaeology are a graduate degree in archaeology, anthropology, or closely related field plus:

(i)

At least one year of full-time professional experience or equivalent specialized training in archaeological research, administration or management;

(ii)

At least four months of supervised field and analytical experience in general North American archaeology; and

(iii)

A demonstrated ability to carry research to completion.

(B)

In addition to those minimum qualifications, a professional in prehistoric archeology shall have at least one year of full-time professional experience at a supervisory level in the study of archaeological resources of the prehistoric period. A professional in historic archeology shall have at least one year of full-time professional experience at a supervisory level in the study of archaeological resources of the historic period.

7.17.11 Fees. A surcharge fee for review of an application for a land use map amendment, rezoning or any development in the Etowah Valley Historic District shall be charged, in the amount of $150. This fee shall be in addition to the normal fee, and relates to the costs of additional administration and review.

7.17.12 Appeals. Any aggrieved party shall have fifteen days from the date of the Zoning Administrator's decision to file an appeal of the Zoning Administrator's decision, which shall be heard by the Board of Appeals. Appeal shall be initiated by filing a written appeal stating the grounds with the Zoning Administrator. The Board of Appeals shall hear the appeal within forty-five (45) days of the date of appeal.

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

Sec. 7.18. - Business park district.

7.18.1 Purpose. The purpose of the Business Park District is to provide uniform regulations for a joint City of Cartersville-Bartow County industrial/business park, a portion of which is located in each jurisdiction. To provide consistency for property owners and future uses, and to benefit the public health, safety and welfare, the City and County have adopted identical regulations as follows. The Business Park District, where applied via amendment to the Official Zoning Maps of the participating government, shall control over inconsistent regulations contained in other ordinances and the Code of Ordinances of each jurisdiction, whether or not the provisions herein are stronger or weaker restrictions. The purpose of this district is also to provide consistent development standards for other industrial and business parks located in the vicinity of the joint City-County park, so that the area is developed consistently and without incompatible uses or negative impacts on infrastructure, public health, safety or welfare. This District may also in the future be applied to other areas of the County. The provisions of this section control over inconsistent provisions in other sections of this Ordinance or other portions of the Code of Bartow County.

7.18.2 General Area, Height and Setback Regulations.

Minimum lot size: 1 acre

Maximum lot coverage (impervious surface limitation): 75%

Required lot width at street right-of-way: 50 feet
(25 feet in cul-de-sac)

Front setback: 40 feet

Side setback: 15 feet

Rear setback: 20 feet

Maximum building height (see below): 75 feet

Buffers (see below): 50 feet except as noted.

(A)

The County or City Zoning Administrator dependent upon jurisdiction may grant an administrative variance of up to 20 percent to any of the general area, height and setback regulations listed above. Additionally, they may grant an administrative variance on the undisturbed buffer requirements, if the proposed landscaping and screening in the buffer enhances the screening of the adjacent property.

(B)

Building height. With the approval of the County or City Zoning Administrator dependent upon jurisdiction, maximum height may be increased by administrative variance. Building height limitations shall not apply to accessory structures such as water towers, conveyer belts, smoke stacks and other incidental and uninhabited parts of industrial uses.

(C)

Buffers. A 50-foot buffer shall apply adjacent to all land uses, except that no buffers shall be required from industrial to industrial. Further, there shall be a 200-foot buffer required where shown on the overlay district map adjacent to existing residential uses as of the date of adoption of the overlay district. When any of the existing residential uses are rezoned to a non-residential zoning classification, the buffer adjacent to that property shall be reduced to 50 feet, unless it is a similar zoning classification, in which case the buffer requirement shall not apply. Buffers shall be undisturbed, except that, if the buffer is adjacent to a residential use, and is insufficiently dense to be opaque to vision year round, the Zoning Administrator may require that the buffer shall be planted with sufficient vegetation so that it is opaque year-round, to a depth of at least twenty-five feet. Buffers may be used for perpendicular crossing by access roads and utilities, but not for lateral roads or parking. Buffers may be used for detention ponds, provided that vegetative screening remains or is planted between the pond and the property line. The County or City Zoning Administrator dependent on jurisdiction shall approve buffer plans and plantings.

(D)

Setbacks shall be measured from the property or lot line. As setback exceptions, the following may intrude into the setback zone: unsupported roof overhangs, steps, walkways and access roads, landscaping and irrigation systems, planters, architectural fences and walls not exceeding 42 inches, and underground utilities and sewers.

(E)

Development. Application for rezoning to this zoning district shall require submission of a site plan as well as an accompanying letter from the issuing water/sewer authority stating there is adequate water/sewer availability for the proposed development. In the event that a State Development of Regional Impact (DRI) review is required, a traffic impact study shall be required to be submitted to the county engineer for review before rezoning or conditional use. The traffic impact study shall be prepared, signed and sealed by a registered professional engineer and submitted to the county engineer or his/her designee for review. The county engineer shall submit comments to be reviewed by the Planning Commission and Commissioner as part of the zoning application.

7.18.3 Permitted uses. The following uses are permitted in the Business Park District. Any use not specifically listed is prohibited, except as permitted by Section 7.18.4.

Business offices

Call center

Data Center

Distribution facilities

Education and Training Facilities

Light Industrial uses which may include manufacturing, fabricating, processing (excluding chicken or meat processing) or assembling of product and equipment which are housed within a building Manufactured or portable building manufacturers

Manufacturing, except explosives or fireworks

Outdoor Storage (as an accessory use)

Public Utility Facilities

Radio, TV and other communication towers

Research and Development Facilities

Research laboratories and biomedical laboratories

Retail or services uses

Telecommunication structures

Warehousing

Wholesale trade and distribution

7.18.4 Conditional industrial uses. Any industrial use not listed above, and otherwise permitted either as a permitted or conditional use in the Bartow County General Industrial District or the Bartow County Heavy Industrial District, may be permitted, upon grant of a conditional use permit. The applicant shall submit an application for a conditional use subject to the standards, regulations and criteria contained in this Ordinance and the application shall proceed as a conditional use permit pursuant to the applicable provisions (Article XVI). Bartow County shall be empowered to impose conditions on the approval to ameliorate any negative impacts of the proposed use, including restrictions on noise, vibration, light or glare, hours of operation, additional buffering and any other appropriate condition.

7.18.5 Prohibited uses. Notwithstanding the foregoing, any uses listed herein shall be prohibited and may not be approved for the district, even as a conditional use:

(1)

Airports and landing fields;

(2)

Coal Burning Facilities;

(3)

Paper and pulp manufacturers;

(4)

Explosives, including fireworks manufacture or storage in bulk quantities;

(5)

Garbage, offal, dead animal reduction or dumping;

(6)

Mining and related activity;

(7)

Quarrying and related activity;

(8)

Stock yards, commercial;

(9)

Conversion of energy by nuclear fusion or fission;

(10)

Blasting.

7.18.6 Landscaping requirements. All developments shall comply with the following minimum landscape requirements:

Border landscaping—building: 5 ft. wide (none between building and truck courts)

Border landscaping—vehicular use area: 5 ft. wide

Trees along vehicular use area: 1 per 75 ft.

Border landscaping—road ROW: 1 per 30 ft., 10 feet wide

Parking lot landscaping islands: 160 sq. ft., req. at end of each row; i.e. 320 sq. ft. for double ROW.

Parking lot landscaping—trees: 1 tree per island

Parking lot landscaping—spaces: 1 island per 12 spaces

New plant materials—trees: 8 ft. height at planting, 15 ft. at maturity

(A)

Parking lot terminal island design. Each single and double row of parking spaces shall be terminated by landscaped islands, no less than 9 feet in width and no less than 15 feet in length and shall include at least one tree having no branches maintained below five feet in height for visibility. The remainder of the island shall be adequately landscaped with shrubs and ground cover with a height of no more than three feet at maturity. Islands may contain no curbs, elevated curbs or depressed curbs.

(B)

Parking lot interior island design. A minimum of one interior island shall be provided for every 15 parking spaces or fraction thereof. One tree required per island having no branches maintained below five feet in height for visibility. The remainder of the island shall be adequately landscaped with shrubs and ground cover with a height of no more than three feet at maturity. Islands may contain no curbs, elevated curbs or depressed curbs.

(C)

New Plant Materials.

Trees—A tree shall attain an average crown spread over 15 feet at maturity. Trees having an average crown spread of less than 15 feet may be substituted by grouping the same so as to create the equivalent of a 15-foot crown spread. All trees shall be of a species which can be maintained with a minimum of five feet of trunk height. New trees shall have a minimum of 2.5 inches diameter at breast height (DBH) measured 4.5 feet above ground and shall be a minimum of 8 feet in overall height immediately after planting.

Shrubs—Shrubs shall be a minimum of one foot in height when measured at the time of planting.

7.18.7 Street design standards. Streets in this overlay district shall be paved to minimum twenty-eight (28) foot width, with a section of 8" GAB, 3" Binder and 1.5" surface course.

7.18.8 Signs.

The following signs are permitted:

Ground signs. One monument-style brick or masonry sign for each individual building in the park. Maximum area of each sign is 60 square feet. Maximum height is 6 feet. The sign may be double-sided. One additional monument-style brick or masonry sign of no more than 60 square feet and six feet in height shall be permitted if the building has more than one access point.

Window signs. Total signage per business not to exceed 25% of the area of windows facing road frontage.

Wall signs. Total area of all signs is not to exceed 10% of the gross floor area of the building. No more than four wall signs per business are permitted and no single wall sign shall exceed 250 square feet.

Entrance signs. Two monument-style brick or masonry entrance signs at each entrance to the business park. Maximum area of each sign is 100 square feet. Entrance signs may only be single-sided, unless only one is erected at an entrance, in which case it can be double-sided. Entrance signs only permitted at the entrance to the planned center. Entrance signs must be setback from the right-of-way a distance equal to their height plus one foot for safety reasons, and cannot block traffic sight lines. Maximum height is 10 feet.

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

Sec. 7.19. - R-7 residential district (multi-family housing).

7.19.1 Purpose. The R-7 district is established primarily to encourage the development of high-density apartments or condominiums. The R-7 district is a residential district.

7.19.2 Area, yard, height and buffer requirements. The following requirements apply to the R-7 district:

Minimum development size: 3 acres with sewer; septic not permitted.

Minimum development width at street R/W: 200 feet.

Maximum density: 40 dwelling units per acre.

Front yard setback (from right-of-way): 25 feet.

Side yard setback (from property line): 10 feet.

Rear yard setback (from property line): 25 feet.

Internal setback (minimum distance between buildings): 20 feet.

Maximum building and structure height: 60 feet or four stories, whichever is higher.

Buffers: 25 feet of undisturbed (if sufficiently dense) or vegetated buffer is required when adjacent to any property with single-family residential use. See section 8.2.

7.19.3 Development in R-7. Development must be in accordance with the county development regulations. The engineering department should be consulted. Application for rezoning to this zoning district shall require submission of a site plan as well as an accompanying letter from the issuing water/sewer authority stating there is adequate water/sewer availability for the proposed density. All developments must be served by sewer. In the event that a State Development of Regional Impact (DRI) review is required, a traffic impact study shall be required to be submitted to the county engineer for review before rezoning or conditional use. The traffic impact study shall be prepared, signed and sealed by a registered professional engineer and submitted to the county engineer or his/her designee for review. The county engineer shall submit comments to be reviewed by the Planning Commission and Commissioner as part of the zoning application.

7.19.4 Permitted uses in R-7 district. Within the R-7 district, land and structures shall be used in accordance with standards herein. Any use not specifically designated as a permitted use in this section shall be prohibited.

(A)

Apartments or condominium development which comply with the following:

Maximum density 40 dwelling units per acre. Each dwelling unit shall have separate bath/toilet and kitchen/dining areas.

Buildings may not have exterior access to apartments (i.e., garden-style). Developments in this district shall have central entrance points and shall have internal access hallways for individual units.

Internal setbacks. Buildings shall be spaced at least 20 feet apart. The front of one building shall not face the rear of another building on the site.

External setbacks. All buildings must maintain a setback of 25 feet from all external property boundary lines and any rights-of-way.

No development shall be constructed on a lot or tract of land unless connected to sewer.

Signage shall be as permitted in the R-3 zoning district.

Condominiums must meet the definition of condominium in the Georgia Condominium Act, O.C.G.A. Title 44, Chapter 3, Article 3.

7.19.5 Design standards for Condominium and Apartment Developments.

A minimum of ten percent of any housing development shall be set aside as open space. As part of the open space, an amenity tract of at least 20,000 square feet shall be located to be readily accessible to all residents and shall contain some combination of sports fields, playgrounds, walking trails, pools, gazebos and similar facilities. At least one significant amenity feature (sport court, playground, walking trail, pool, etc.) or two smaller amenities (gazebo, fire pit, pergola, etc.) shall be shown and noted on the site plan. Parking lots, streets, setback areas, buffers, stormwater control measures, detention facilities, and so forth shall not count towards this requirement. Long, narrow strips of land shall not count towards this requirement. The open space and amenity plan shall be reviewed and approved by the Zoning Administrator for compliance prior to the application for rezoning advancing.

This section shall apply to any development that has not obtained a Land Disturbance Permit at the time of adoption of this ordinance.

(Ord. of 7-21-2021(4); Ord. of 8-9-2023, §§ XXII, XXIII; Ord. of 7-10-2024, § V)

Sec. 7.20. - R-8 residential district (single-family housing).

7.20.1 Purpose. The R-8 residential district permits the development of conventional single-family housing on smaller lots than the R-1 district. The R-8 district is a residential district.

7.20.2 Area, yard, height and buffer requirements. The following requirements apply in the R-8 district:

Minimum development size: 1 acre.

Minimum lot size: 8,000 square feet with sewer; septic not permitted.

Minimum lot width at street R/W (in new development): 50 feet, 25 feet on cul-de-sac.

Front yard setback (from right-of-way): 20 feet.

Side yard setback (from property line): 10 feet.

Rear yard setback (from property line): 20 feet.

Maximum building and structure height: 50 feet.

Buffers: None.

Special agricultural setbacks: See subsection 8.2.3 for setbacks required for homes built adjacent to existing agricultural structures.

7.20.3 Height exceptions. The height limitation does not apply to structures such as unoccupied and inaccessible architectural features on non-residential buildings (e.g., church spires, belfries, cupolas and domes), monuments, government-owned observation towers, water towers, chimneys, flag poles, aerials, and similar structures. Specific height requirements apply to signs and structures containing signs; see article XI.

7.20.4 Accessory structures. Accessory buildings and structures shall maintain the same front and side yards as the main structure; however, they will not project beyond the established building line. Rear yard setbacks shall be a minimum of ten feet.

7.20.5 Non-residential uses and accessory uses. Non-residential uses and accessory uses shall be set back at least 50 feet from all property lines, shall be screened by a 25-foot vegetative buffer, and shall also have a six-foot wooden fence on the inner or outer boundary of the buffer where adjacent to residentially-used property. Off-street parking/loading for all non-residential uses shall be provided in accordance with the county development regulations. Other provisions of the development regulations may be applicable, and the engineering department should be consulted. Non-residential uses must meet special building code requirements, and the county building inspections department and the county building code ordinance should be consulted.

7.20.6 Permitted uses in R-8 district. Within the R-8 residential district, no building, structure, land, or water shall be used except with one or more of the following uses. A use not specifically named within a district is not permitted:

(A)

Conventional or industrialized single family homes. Manufactured houses shall not be permitted.

(B)

Municipal, county, state, federal and other public uses, including parks and playgrounds; public utilities and service structures.

(C)

Home occupations. See section 6.4.

(D)

Group homes for persons with a disability (for up to six residents excluding resident staff), licensed by and in compliance with the applicable regulations of the state department of human resources.

(E)

Churches, synagogues and similar places of worship. Accessory uses for churches and places of worship, such as schools, day cares, hospices, and similar facilities, are permitted.

7.20.7 Conditional uses in R-8 district. The following are permitted only with the grant of a conditional use permit under the requirements of article XVI. All such uses must likewise meet all requirements of this zoning district.

(A)

Telecommunications structures, subject to article XII.

7.20.8 Development and Design Standards in R-8. Development must be in accordance with the county development regulations. The engineering department should be consulted. Application for rezoning to this zoning district shall require submission of a site plan as well as an accompanying letter from the issuing water/sewer authority stating there is adequate water/sewer availability for the proposed density. In the event that a State Development of Regional Impact (DRI) review is required, a traffic impact study shall be required to be submitted to the county engineer for review before rezoning or conditional use. The traffic impact study shall be prepared, signed and sealed by a registered professional engineer and submitted to the county engineer or his/her designee for review. The county engineer shall submit comments to be reviewed by the Planning Commission and Commissioner as part of the zoning application.

(A)

Each residence shall exhibit at least four of the following features:

Shutters on at least two front windows, or other window accents as approved by the zoning administrator or his/her designee.

An architectural 6-panel door with at least one side light.

Covered entry-way, stoop, or porch.

Arches, columns, gables or cornices.

Architectural shingles.

Eaves on sloped roofs that extend a minimum of 12 inches from the face of the building. Roof overhangs at gables that extend a minimum of six inches from face of the building.

Appropriate similar feature as approved by the zoning administrator or his/her designee.

(B)

Each exterior wall shall have at least one window - at least one window on each side shall be minimum two feet in width by three feet in height.

(C)

Vinyl siding and External Insulation and Finishing Systems (EIFS) are prohibited as an exterior finish material. At least thirty-three percent (33%) of the exterior finish shall be brick or stone. The remainder may be wood, hard-coat stucco, board and batten, cedar shakes, and fiber cement siding.

(D)

(E)

(F)

A minimum of ten percent (10%) of any housing development shall be set aside as open space. As part of the open space, an amenity tract of at least 20,000 square feet shall be located to be readily accessible to all residents and shall contain some combination of sports fields, playgrounds, walking trails, pools, gazebos and similar facilities. At least one amenity shall be shown in the open space on the site plan. Parking lots, streets, setback areas, buffers, stormwater control measures, detention facilities, and so forth shall not count towards this requirement. Long, narrow strips of land shall not count towards this requirement. The open space and amenity plan shall be reviewed and approved by the Zoning Administrator for compliance prior to the application for rezoning advancing.

(G)

This section shall apply to any development that has not obtained a Land Disturbance Permit at the time of adoption of this ordinance.

7.20.9 Optional Density Bonus. Proposed developments may contain lots with minimum areas of 6,000 square feet if all of the following items are met.

(A)

(B)

(C)

Front facades shall have at least one of the following: front porch, stoop or balcony.

(D)

(E)

(F)

(G)

(H)

A minimum of twenty percent (20%) of any housing development shall be set aside as open space. Parking lots, streets, setback areas, buffers, stormwater control measures, detention facilities, and so forth shall not count towards this requirement. Long, narrow strips of land shall not count towards this requirement. As part of the open space, an amenity tract of at least 20,000 square feet shall be located to be readily accessible to all residents and shall contain some combination of sports fields, playgrounds, walking trails, pools, gazebos and similar facilities. At least one significant amenity feature (sport court, playground, walking trail, pool, etc.) or two smaller amenities (gazebo, fire pit, pergola, etc.) shall be shown and noted on the site plan. The open space and amenity plan shall be reviewed and approved by the Zoning Administrator for compliance prior to the application for rezoning advancing.

(Ord. of 7-21-2021(4); Ord. of 11-3-2021(3), § X; Ord. of 8-9-2023, §§ XXIV, XXV; Ord. of 7-10-2024, § VI)

Sec. 7.21. - Allatoona overlay district.

7.21.1 Title. This Section shall be known as the "Allatoona Overlay" or may be internally cited as "this overlay."

7.21.2 General purpose. Recognizing that the Allatoona Lake is a precious environmental resource that also generates hundreds of thousands of annual visitors to the County, and that the area adjacent to the Lake and especially Interstate 75 is subject to considerable traffic and other development pressures, the purpose of this overlay is to enable and support the implementation of the following policies: that the harmonious and orderly development and redevelopment of the Allatoona Lake area should be secured through these regulations; and that the overlay area be a focal point for high-quality development and redevelopment.

7.21.3 Applicability.

(A)

This overlay applies within the area be shown on the Map labeled "Allatoona Overlay District" which is adopted herewith, and shall be signed by the Zoning Administrator, dated July 10, 2019 and kept in the offices of the Zoning Administrator and accessible to the public. Such map is incorporated by reference as if set forth fully herein. An additional official copy shall be spread upon the minutes of the County Clerk.

(B)

Parcels within this overlay shall be subject to both the requirements of this Section and the requirements of their underlying zoning district, subject to the conflict provisions in paragraph (C) immediately below.

(C)

When requirements of this overlay conflict with any requirement of the underlying zoning or any other provision of the Zoning Ordinance, the requirements of this overlay shall prevail.

7.21.4. Conformance requirements.

(A)

All buildings, structures or land, in whole or in part, must be used or occupied, in conformance with this overlay. All buildings or structures, in whole or in part, must be erected, constructed, moved, enlarged or structurally altered in conformance with this overlay.

(B)

Nothing in this overlay shall require any change in the plans, construction or intended use of a building or structure for which a lawful permit has been issued or a lawful permit application has been accepted before the effective date of this overlay, provided that the construction under the terms of such permit is diligently followed until its completion.

7.21.5 Conflicting provisions.

(A)

It is not the intent of this overlay to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this overlay imposes a greater restriction upon the use of property, or requires more space than is imposed or required by other resolutions, rules or regulations, or by easements, covenants or agreements, the provisions of this overlay shall govern.

(B)

Nothing herein shall be construed as repealing or modifying the conditions of operation or conditions of site development accompanying those zoning approvals, variances, or use permits issued prior to the existence of this overlay; however, modification or repeal of these past conditions of approval may be accomplished through a zoning change.

7.21.6 Use restrictions. For parcels zoned C-1 general business in this overlay, the only uses permitted as of right shall be those listed in the following subsections of Section 7.11.8 of the Zoning Ordinance (A), (B), (C), (D), (E), (H), (L), (M), and (N). Any other use listed in Section 7.11.8 shall be treated as a conditional use and require an application. Any use listed in Section 7.11.9 shall remain a conditional use.

7.21.7 Development requirements.

(A)

Any undeveloped C-1 lots shall be developed with sidewalks, as set forth in the Standard Details of Bartow County.

(B)

Any C-1, CN, O-I, I-1 or I-2 lot to be developed shall have a minimum of 20 foot landscaped buffer strip paralleling road frontage. Minimum one tree and four shrubs per 40 feet of road frontage. All parking areas shall be to the rear of the primary structure and screened from the right of way.

(C)

Non-conforming A-1 lots that have frontage on Glade Road, Red Top Mountain Road, New Hope Church Road, and Kings Camp Road must put up a masonry or ornamental steel fence with post lighting to place or replace a manufactured home, whether on an individual lot or an existing nonconforming mobile home park. This requirement can also be satisfied by a 20 foot landscaped buffer, designed to be opaque year-round. Non-conforming lots rezoned to R-1 are exempt from this requirement, granted the home is built to the architectural requirements of Section 7.4.9.

(D)

R-1 zoning district area and frontage requirements shall not apply for nonconforming A-1 lots seeking to apply to rezone to R-1.

(E)

The following materials are prohibited for new main/primary/principle residential structures (including single-family homes, multi-family homes, modular homes and manufactured homes): vinyl siding, unfinished cinder blocks, metal siding, aluminum siding.

(Ord. of 8-9-2023, § XXVI)

Sec. 7.22. - Planned greenspace and development district (PGDD).

7.22.1 Title. This Section shall be known as and contain the regulations for the "Planned Greenspace and Development District" or PGDD.

7.22.2 General Purpose. The purpose of the PGDD district is to encourage flexibility in land planning and phased development that will best lead to addressing the county's needs and opportunities identified in the comprehensive development plan, primarily the preservation and expansion of greenspace including natural resources, scenic features and open space but also to address the needs and opportunities identified in the comprehensive development plan for economic development, housing, transportation, land use, and community facilities and service; further address improved design, character, and quality of new housing of different types and densities and of compatible commercial, industrial, retail, and hospitality developments; promote the most appropriate use of land; and facilitate the provision of streets and utilities.

7.22.3 Applicability. The PGDD is an overlay zoning district. The regulations of this PGDD apply within all areas delineated and labeled on the official zoning map "PGDD". The regulations of this PGDD are as follows:

The existing zoning map and the underlying zoning regulations and entitlements governing all properties within the PGDD shall remain in full force and effect. Such map is made a public record and kept in the office of the zoning administrator and accessible to the public. Such map is incorporated herein by reference as if set forth fully herein.

The regulations and entitlements contained within this section shall be overlaid upon, and shall apply in addition to, or in lieu of, as the case may be, said existing zoning regulations.

Underlying zoning regulations and other land use and development regulations shall apply unless expressly modified by the sections of this ordinance pertaining to the PGDD district or by an approved PGDD concept plan.

7.22.4 Eligibility. To be eligible for consideration for adoption of a PGDD overlay, the following two criteria apply:

Acreage. A minimum of ten thousand (10,000) contiguous acres of land, five thousand (5,000) acres of which must be reserved, proposed or developed as Greenspace, shall be required in order to be considered for the PGDD zoning overlay. Greenspace shall be approved and developed through subsequent applications to the county as per a developed master plan.

Greenspace shall include property previously zoned agricultural; industrial or mining lands that during the master plan phasing will be set aside; wildlife management areas; lakes, streams, and other water features; trails; undisturbed buffers; developed open spaces, buffers and nonresidential building setbacks including those required by zoning; recreation areas and parks; civic and education sites excluding structures; wetlands and/or, similar spaces. Greenspace also includes land leased, licensed, donated or sold to qualified non-profit trust(s), the state or Bartow County for recreational purposes. Greenspace also includes land on to which the property owner either directly or indirectly invites or permits without charge any person to use the property for recreational purposes. Land means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to realty. Recreational purpose includes, but is not limited to, any of the following or any combination thereof: hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, aviation activities, nature study, water skiing, winter sports, and viewing or enjoying historical, archeological, scenic, or scientific sites. The PGDD concept plans shall identify at least 5,000 acres of greenspace, provided that the Commissioner may, at his discretion, waive by 10% one or both of the acreage requirements of this paragraph upon a finding that the proposed concept plan would meet the general purpose of the PGDD; and

Ownership. All property shall be under single ownership at the time of the PGDD overlay adoption, or if in multiple ownership, then by written consent of all owners who agree to be bound by the district designation and regulations.

Expansion of boundary. Additional land may be added to an adopted PGDD overlay district through the amendment process set forth in Section 7.22.6.

7.22.5 Plans. In the PGDD, there are two types of plans and one type of permit:

Concept Plan. The concept plan is the single guiding plan for the entire PGDD as a whole and is adopted at the time of applying the PGDD overlay. However, it does not authorize any land disturbing or building activity. Rather, the concept plan divides land within the PGDD by permitted use type such as residential, commercial, industrial, mining activities and Greenspace. The concept plan also specifies approximate development yields for each use type. For example, 1 unit of residential per gross acre; 1,000 SF of industrial uses per gross acre; 1,000 SF of commercial use per gross acre. Minimum greenspace location and acreage and the methods of preservation and proposed uses shall be identified on the concept plan. Any substantive change in concept plan requires approval of the Commissioner.

Master Plans. The master plans are the guiding plans at the development site/tract(s) level of the PGDD, and shall be submitted from time to time as specific projects are proposed, and are approved administratively. Approved master plans evidence zoning compliance and authorization for a proposed development, including but not limited to lot size, density, height, building setbacks, buffers and parking, but do not authorize any land disturbance or construction activity. Proposed developments shown on master plans must be consistent with the concept plan. Any change in a master plan requires approval of the zoning administrator. Approved master plans shall identify the proposed portion of the Greenspace consistent with the established acreage in the concept plan inclusive of the specific open space zoning requirements attributable to each master plan application. After the approval of a master plan, if property that is shown on that plan is put to a use that is inconsistent with the approved master plan, then no other development pursuant to the master plan shall be authorized until the inconsistency is brought into compliance with the master plan.

Development Permits. Development permits authorize land disturbing and construction activity for development approved in a master plan. Development permit applications may be submitted concurrently with a corresponding master plan application but shall not be approved until approval of the corresponding master plan. Approved development permits evidence compliance with all applicable state and local regulations.

7.22.6 Procedures to Adopt the Planned Greenspace Development District Overlay.

Adoption of the PGDD overlay shall follow the applicable procedure and requirements for zoning amendments set forth in Article XV, except as modified in this Section 7.22.6.

Application. An application to adopt the PGDD overlay district shall be processed as an amendment to the official zoning map. Future land use maps may be updated by the county after the adoption of the PGDD overlay. The application shall be in the form required by the county and should contain a narrative statement as to the goals of development and a justification of why a PGDD designation is appropriate, a legal description or boundary depiction of the property proposed for the PGDD overlay adoption, and if in multiple ownership, the written consent of all owners who agree to be bound by the district designation and regulations. Because of the conceptual plan nature of the PGDD overlay, the application need not include the information set forth in Sec. 15.2.6(B), (D), (G), (H), (J) and (K). Pursuant to Sec. 15.2.6, the zoning administrator may waive additional requirements he deems unnecessary. Additionally, because of the minimum acreage eligibility requirement for the adoption of the PGDD overlay, the requirement of Sec. 15.3.3 shall not apply.

Concept Plan. The concept plan shall contain, notwithstanding anything to the contrary in section 15.2.6(K):

The types of uses proposed, either specifically or generally;

ii.

The maximum yields proposed for each type of use. At a minimum, the concept plan shall propose 5,000 acres of Greenspace, unless waived pursuant to Section 7.22.4(A). Greenspace shall be identified and approved under subsequent master plans consistent with the concept plan.

Open houses. The applicant for the initial PGDD overlay zoning district shall conduct two public open houses at least two hours in duration prior to the Planning Commission's public hearing. The open houses may be coordinated through county staff and may be conducted before the application is filed. At least one of the open houses shall be started after 4:00 P.M. on a weeknight.

Review and Recommendation by Planning Commission. The Planning Commission shall review the application, concept plan, and the zoning administrator's report and, based on the approval criteria of this ordinance and the standards for the exercise of the zoning power, recommend that the County Commissioner approve, approve with conditions, or deny the application.

Review and Decision by the Commissioner. The Commissioner will consider the application, concept plan, and recommendations from the Planning Commission. The Commissioner may require submission of additional maps, data or proposed methods of addressing other pertinent matters relative to the development that are reasonably available and where, owing to the nature, size and location of the proposed development, particular elements critical to the health, safety and welfare of the community and its citizens.

The concept plan should identify the minimum amount of development, preservation, conservation of Greenspace, and provide in narrative form the conditions for its use. Greenspace which counts toward the minimum greenspace acreage required by this ordinance must be accessible by public road or recorded easement.

Approval Criteria. In addition to the standards set forth in Section 15.9, the following shall be considered by the Planning Commission and the Commissioner:

The extent to which the PGDD designation will address a unique situation or represents a substantial benefit to the county, compared to what could have been accomplished through strict application of otherwise applicable zoning district standards; and

The extent to which the concept plan complies with the standards in this Section 7.22.

The extent to which the property can be used or developed under its underlying zoning classification(s).

Effect of Approval. Upon approval by the Commissioner of the application, development within the PGDD shall be in accordance with the concept plan and subsequently approved master plan(s). It is the intent of this district to provide areas of the County that are not simply reserved from development, but which provide an amenity to the residents of the County. Therefore, the Greenspace shall be preserved in the form of an easement, lease, license, donation, sale or other permission in favor of a qualified non-profit land trust(s), the state and/or Bartow County which allows for both public and private use and enjoyment of the natural environment. Execution and acceptance of the easement, lease, license, donation, sale or other permission shall be a condition of applying the PGDD overlay and shall occur prior to or concurrent with the first certificate of occupancy for development within the PGDD.

Changes to Concept Plan. Because the concept plan is part of the ordinance approving the adoption of the PGDD overlay by the Commissioner, any amendment to the concept plan shall require approval by the Commissioner. An application to amend the concept plan shall be required and shall follow the procedural requirements of section 7.22.6. The Commissioner shall consider and decide the application to amend the concept plan based on the standards set forth in this section 7.22 and the standards for the exercise of the zoning power.

7.22.7 Specific Requirements.

Development in Areas Zoned PGDD:

The adoption of a PGDD overlay shall not entitle an owner of the affected property any right to develop or engage in any land use or land disturbing activity, other than that in lawful existence at the time of the adoption of the PGDD. In addition, uses permitted by right by the prior zoning may be initiated and continued until superseded by a new use commenced pursuant to approval of a master plan for such area of use.

To engage in development or any land use or land disturbing activity other than that as set forth above, a master plan and development permit must be approved for the areas to be developed or engaged in land disturbing activity. A PGDD overlay is not deemed by Bartow County to constitute the commencement of activity or use that would abrogate exemptions, tax or otherwise, attendant to silviculture activities.

Sale or Transfer within PGDD. The owner of a PGDD may sell or transfer ownership of development tracts within a PGDD in accordance with the following procedures and provisions:

The owner must submit and have secured approval of a concept plan for the PGDD;

Property covenants and restrictions must accompany the transfer of any development tract within the approved PGDD restricting the new owner to the development type and yields indicated on the approved concept plan as well as any road network, water, or sewer approach, if any, indicated on the approved concept plan;

The owner must submit a sworn affidavit to the county from the prospective purchaser of a development tract, wherein the purchaser waives rights to the guarantee of the installation of required improvements afforded through this Ordinance for the subdivision of land, and further acknowledges and agrees that an initial master plan and final development permit must be submitted, and approved, prior to commencement of any development on the tract;

The developer must submit a plat suitable for certification by zoning administrator authorizing the developer to record such plat with the clerk of court, including submissions in digital format and subsequently record such plat prior to the sale or transfer of any development tract or phase; and

This procedure will not be required for the sale or transfer of an individual single-family lot or group of lots intended for construction of one single-family dwelling.

7.22.8 Master Plans.

Applicability. A master plan shall be required for all or any portion of the PGDD property to be developed that would require a land disturbance permit. The master plan, as well as any fee as may be established by the county, shall be submitted to the zoning administrator for administrative review and approval.

Minimum requirements for master plan. The minimum requirements of the master plan include:

Master plan in pdf format;

Proposed arrangement of land uses, including land for public facilities, approximate acreage of each use area or tract, type of use and density (residential use tracts). All specified densities will be construed as maximums, with acceptance of the maximums subject to satisfaction of other provisions within the PGDD overlay ordinance;

The proposed name of the development and the names and addresses of the owner(s) of record, and the applicant, if different from the owner(s), with proof of authority to submit and process the application;

Type of land use of all parcels contiguous to the development property;

A map or site plan showing:

Identify existing watercourses and drainage structures within the tract or on contiguous tracts;

ii.

Location of municipal limits or county lines, and district boundaries, if they traverse the tract, form part of the boundary of the tract, or are contiguous to such boundary;

iii.

Vicinity map or sketch showing the general relationship of the proposed development to the surrounding areas with access roads referenced to the intersection of the nearest state primary or secondary paved roads;

iv.

Topographic survey based on county/municipal LIDAR records of the area being applied for;

The location, dimensions, name and description of all existing or recorded streets, alleys, reservations, easements or other public rights-of-way within the tract intersecting or contiguous with its boundaries or forming such boundaries;

vi.

The location, dimensions, name and description of all existing or recorded residential lots, parks, public areas, permanent structures and other sites within or contiguous with the tract;

vii.

The proposed location, dimensions and description of land(s) for public facilities; and

viii.

Proposed conceptual street system layout, vehicular and pedestrian, with the written comments of the County Engineer or designated Engineer.

Traffic impact analysis, if required, as set forth and a statement of need for mitigation (if any). If mitigation is required, a statement of proposed mitigation;

Preliminary Master Drainage Plan and Master Water and Sewer Plan with the written comments of the County's Engineer or designated Engineer;

Where applicable, surveyed line delineating the extent of any special district boundary on the development property limited to roadways and traffic study analysis as required.

Preliminary comments from affected agencies having approval or permitting authority over elements related to the proposed development, or evidence that a written request for such comments was properly submitted to the agency and a reasonable period of time has elapsed without receipt of such comments.

10.

A narrative addressing:

The proposed ownership and maintenance of streets, drainage systems, water and sewer systems, open space areas, parking areas, and other proposed amenities and improvements; and when any are to be privately owned, a description of the governance, operation and financial structure to be used to secure their maintenance management and long-term improvements;

ii.

Proposed phasing and time schedule if development is to be done in phases;

iii.

Proposed phasing and time schedule for lands to be dedicated for public facilities;

iv.

Proposed internal site planning standards such as typical lot sizes and widths, and setbacks and buffers aimed at addressing potential incompatibility between adjacent land uses and activities;

Letters of capability and intent to serve community water supply or sewage disposal service from the affected agency or entity, where applicable;

vi.

A statement describing the character of, and rationale for, the proposed master plan; and

vii.

Other information or descriptions deemed reasonably appropriate by staff for review.

Waiver of master plan minimum requirements. The zoning administrator may, in his sole discretion, accept a master plan application which does not include all of the above elements for processing and consideration upon a showing by the applicant why such information is unavailable or impractical to provide.

Master Plan Review and Approval. The zoning administrator shall review the master plan for conformance with the concept plan. The zoning administrator may request such additional information as it may deem reasonably necessary to evaluate the master plan prior to approval. A master plan that proposes use(s) and/or densities defined by state regulation as a development of regional impact shall be reviewed as such prior to a decision by the zoning administrator on whether to approve the master plan.

Upon review of the proposed master plan, the zoning administrator shall approve the master plan if it meets the requirements of this section and shall deny the master plan if it does not meet the requirements of this section.

Any master plan reviewed and approved shall not be recordable with the clerk of court for the purpose of sale of any lots or parcels of land, and no land use or land disturbance activity, other than that in existence as of the time of the master plan approval, shall be permitted unless and until the applicant has secured the corresponding development plan permit approval.

Plats, surveys and other information suitable for submission in digitized format for approved master plans shall be submitted to the County in both paper and digitized format, in accordance with adopted County procedures.

All phases of the PGDD will be required to adhere to the latest version of the following standards at the time of development permit application submittal:

All sections of non-zoning general development standards.

ii.

Environmental quality standards.

iii.

County fees.

iv.

Impact fees (if any)

Changes to Approved Master Plans.

Minor Change. Changes to a previously approved master plan may be approved by the zoning administrator without requiring a full master plan application submittal for the following minor changes:

the location of roads or widths of streets or rights-of-way within the Master Plan;

ii.

the allocation of housing density within the master plan so long as the overall approved density of the master plan is not increased; and

iii.

the proposed build-out and phasing schedule.

Major Change. Proposed changes to a previously approved master plan may be approved by the zoning administrator only upon the filing of a master plan major-change application for the following.

re-designation of land uses within a development area or phase, so long as uses are consistent with the Concept Plan;

ii.

increases in building heights, or decreases in setbacks, and buffers indicated on the master plan;

iii.

major changes in the location of roads or widths of streets or rights-of-way within the Master Plan;

iv.

major changes in the allocation of housing density within the master plan, and any proposed increase in density of the master plan; and/or

lot sizes and dimensions

7.22.9 Permitted Uses. Subject to the concept plan's locational delineation of use type and sub-use type, uses permitted in the A-1, RE-1, R-1, R-2, R-3, O/I, C-N, C-1, I-1, M-1, BPD, and PUD districts by right are permitted by right in the PGDD overlay district. Uses permitted by right in other zoning districts, or by conditional use permit, where not expressly designated on the approved concept plan, shall be reviewed and approved or denied consistently with the process for conditional use permit approval.

7.22.10 Notice of applications to the zoning administrator under section 7.22.8 shall be provided in the same manner as variances under Section 14.5 of this zoning code. In addition, the zoning administrator shall post notice on the County's website and also establish a list of interested parties who shall be notified of any application by email at least 30 days prior to the decision. Any interested party may request in writing with the zoning administrator to be placed on such list. The emailed notice shall include the application filed and give notice of any hearing or anticipated date of decision, and how comments on the application may be submitted by interested parties.

7.22.11 Appeals. Any decision of the zoning administrator under section 7.22.8 may be appealed directly to the Commissioner by filing a request for appeal with the zoning administrator within 30 days of the date of the zoning administrator's decision. The appeal shall be processed in the same manner as other administrative appeals, except that the matter will go directly to the Commissioner.

(Ord. of 3-8-2023, § I; Ord. of 1-8-2025(2), § I)