8.1.1 Table. The following table summarizes area, yard and height requirements as stated in each individual zoning district in Article VII. In the event of a conflict, the requirements stated in Article VII shall control. All units in feet unless otherwise indicated. See the applicable zoning district regulations for further information. See Sec. 8.2 for transitional buffer requirements between dissimilar zoning districts. Notes: "Width at street R/W" refers to the width of the lot at the street right-of-way line; i.e., the frontage of the lot. Two values are given, one for lots on existing County roads, and one for lots in newly created developments or subdivisions. Cul-de-sacs are special, see footnote 1 to the table. "Front setback from R/W" means the front setback is measured from the right-of-way line, not the street or back of curb.

Footnotes for Table 8.1.1:

¹  Except on cul-de-sac lots; on such lots, the minimum width of frontage at the street right-of-way line is 50 feet in A-1, RE-1 and RE-2, 25 feet in R-2, R-3 and R-4; and 25 feet in R-1, R-8, and Business Park District. Buildings on cul-de-sac lots must meet setbacks.

²  Specific height requirements apply to signs, see Article XI. Special signage requirements apply to the Business Park District, see Sec. 7.18.8. The height limitations do not apply to structures such as unoccupied and inaccessible architectural features on commercial or institutional buildings (e.g., church spires, church belfries, cupolas and domes on commercial buildings), monuments, silos (in the A-1 district), government-owned observation towers, water towers, chimneys, smokestacks (in industrial districts), conveyors (in industrial districts), flag poles, masts, aerials, and similar structures, except that none of the above shall, within a three (3) mile radius of the Cartersville-Bartow County Airport, exceed a height above the "clear zone" required for a safe approach to said airport as set forth by the Federal Aviation Administration. Furthermore, any said structure containing a sign shall be subject to the height requirements of Article XI.

³  If the lots use sewer for waste disposal; if sewer is not available, the minimum shall be 26,000 square feet or as specified by the health department, whichever is greater.

⁴  When abutting a different district, a side & rear yard shall be provided as stated. When abutting an area zoned the same as the subject property, no side or rear yard shall be required, except that minimum fire code requirements shall in all cases be met.

⁵  If no transitional buffers (i.e., buffers between differing zoning districts) required. If transitional buffers (see Sec. 8.2) are required, the minimum lot size shall be an amount sufficient to accommodate all required buffers, plus one acre in Business Park, I-1 or I-2 properties, or plus 15,000 sq. ft. in C-1, C-N, and O/I parcels.

⁶  Setbacks apply to district in general; setbacks and yard areas for individual lots in R-6 governed by Section 7.8.

⁷  In Conservation Subdivisions (See Sec. 7.16), minimum lot size is 50% of the existing minimum lot size: R-1, R-2, and R-4 reduce to 7,500 sq. ft; RE-1 and RE-2 reduce to 1.5 acres. However, if sewer is not used, the minimum lot size is either 50% of the existing minimum, or the minimum amount required by the health department, whichever is greater.

⁸  In Conservation Subdivisions (Sec. 7.16), for "R" districts, the minimum front setback is reduced to 15 feet, the minimum rear setback is reduced to 20 feet, and the minimum width at the building line is reduced to 50 feet.

⁹  Minimum size for development; minimum lot size governed by Sec. 7.8 and 7.15 respectively.

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

8.2.1 Buffers. A buffer area shall be defined as that portion of a lot set aside for separation or screening purposes, pursuant to the applicable provisions of this Ordinance, to separate different use districts and or uses on one property from uses on another property of the same use district or a different use district. Transitional buffers are buffers required between dissimilar zoning districts.

8.2.2 Buffer requirements. Mandatory buffer widths are listed under each individual zoning district.

8.2.3 Special Agricultural Protection Buffer. In order to protect existing agricultural uses from encroachment by new development, any new residential development seeking rezoning next to an existing agricultural business or commercial farm must propose an appropriate buffer for portions of the residential development that adjoin the agricultural business or commercial farm. This provision is intended to apply to farms of at least 20 acres that are run for commercial purposes, such as chicken breeding operations with large chicken houses, cattle farms, row crops, sod farms and similar commercial operations that have business licenses, are licensed by the Department of Agriculture if applicable, and generate more than $10,000 revenue from farm operations; this is not intended to apply to hobby farms or property with a few horses or chickens. Due to the variety of circumstances, the nature of the proposed buffer shall be determined by the zoning administrator prior to the Planning Commission hearing the rezoning application. The Planning Commission can make different recommendations from what is proposed by the staff and/or the developer. As in any rezoning, the Commissioner is empowered to impose whatever buffer and other zoning conditions are appropriate in the discretion of the Commissioner to ameliorate negative impacts on the neighbors.

8.2.4 Special exemptions. The following special exceptions apply to buffers and control over general buffer provisions:

(A)

When property zoned C-1, C-N or O/I is separated by a county or state road or federal highway from residentially-zoned property, no buffer shall be required.

(B)

When property zoned I-1 is separated from property in a different zoning classification by a state or federal highway right-of-way of at least 100 feet in width, the required buffer for the I-1 property along such right-of-way shall be reduced to fifty (50) feet.

(C)

When property zoned C-1 or C-N is located adjacent to property zoned A-1 and containing a non-residential use, no buffer shall be required.

8.2.5 Buffer standards. Buffers should be sufficient to provide some screening or protection to neighboring uses, where required by the use and nature of the surrounding area. The particular standards for a specific buffer depend on the nature of the proposed use, and the character of the surrounding area. The Zoning Administrator shall make a determination as to the type of buffer required, following the procedure of Sec. 8.2.6.

(A)

The Zoning Administrator shall have the following discretionary options regarding the standards imposed on a particular buffer, and may impose some or all of the following requirements:

i.

Buffers may be required to be left in their natural state with the preexisting vegetation intact.

ii.

Buffers may be required to be planted or vegetated with fast growing trees and shrubs (for some or all of the width of the required buffer), in species and quantities to be determined by the Zoning Administrator.

iii.

Open field buffers may be left as open space.

iv.

Roads, right-of-way and streams may be counted towards buffer requirements, or may be left as open space.

v.

The Zoning Administrator may, in addition or in lieu of other requirements, require a fence be erected.

(B)

Buffers shall be undisturbed, except that buffer areas may be used for sewer and other utility easements, detention ponds, access roads and fences may be erected in buffer areas.

(C)

No structures may be erected in buffers, and buffers areas shall be graded or disturbed only when absolutely necessary. Buffers shall be crossed in such a fashion to minimize incursion into the buffer (i.e., close to perpendicularly). Where possible, buffers shall be restored to an opaque standard after being crossed, and BMPs, as required by the Bartow County Development Regulations (and Soil Erosion and Sedimentation Control Ordinance), shall be followed at all times.

(D)

If a fence is required by the Zoning Administrator, it shall be eight (8) feet high, wooden, stone or masonry, and shall be opaque.

(E)

The Zoning Administrator shall have the authority to administratively vary all requirements in this section.

(F)

The Zoning Administrator's determination may be appealed to the Board of Appeals. See Article XIV.

8.2.6 Procedure. In the event a development is one that requires buffers, the developer shall inform the Zoning Administrator of the proposed use, and provide information about the size of the operation, dimensions of the building(s), the planned hours of operation, security lighting and other lighting issues, anticipated traffic flow of customers, suppliers and deliveries, and any other information as required by the Zoning Administrator. The Zoning Administrator shall review the surrounding area and the uses and zoning of surrounding property. The Zoning Administrator shall then determine the appropriate buffering standards under Sec. 8.2.5, considering the following criteria:

(A)

The nature of the use, and all the information provided about the use and its potential nuisance impact on the neighboring and surrounding properties;

(B)

The existing and adjacent uses that may already impose similar negative impacts on adjoining property;

(C)

The existing dissimilar uses of surrounding property and the current zoning of the surrounding property;

(D)

The location of any nearby residences; and

(E)

The existence of any streams, roads or other rights-of-way, the natural terrain and the existing topography, that may provide buffering.

8.2.7 County property that is adjacent to municipal property shall have a buffer requirement for the common border equal to the buffer that would be required for the most similar or closest equivalent County zoning district, based on the underlying use, setback, and density criteria of the districts. This determination shall be made by the Zoning Administrator comparing the ordinances.

(Ord. of 7-21-2021(4); Ord. of 11-3-2021(3), § XI)

8.3.1 Policy. Buffers are designed to protect adjacent properties from negative impacts of incompatible uses. Agreement by a current owner to reduce an adjacent buffer may create problems when future owners attempt different uses of the property. Therefore, permission to reduce buffers should be given only after careful review, and determination that no other property will be negatively impacted or lose any buffer protection. In addition, the reduction shall be recorded as a public record so that future purchasers are aware of the reduction.

8.3.2 Procedure. Any adjacent property owner may request a buffer reduction (i.e., allowing an adjacent property owner to reduce the buffer protecting the applicant's property) by filing a request on forms provided by the zoning administrator. Reduction in any amount, down to zero feet, may be requested.

8.3.3 Restrictions. No buffer reduction may result in the buffer zone being reduced to less than the required minimum distance for any portion of any property not participating in the request (i.e., a buffer could not be reduced for the full width of a property if an adjacent property would not have a full buffer from all points on the adjoining corner). The property burdened by the buffer cannot be the applicant to reduce its own buffer. This section cannot be used to reduce a buffer imposed by a zoning condition.

8.3.4 Requirements.

(A)

The properties involved must be adjacent to each other.

(B)

All the then-current owners of the property desiring that the buffer be reduced (i.e. the property giving up the protection of buffer) must sign said request and have the signature(s) notarized.

(C)

The applicant must provide the following along with the application:

1.

The deed of the property making application.

2.

One copy of a plat, drawn to scale, showing north arrow, land lot and district, the dimensions, acreage and location of the tract and showing the reduced or eliminated buffer area and buffers remaining to protect adjacent property not participating in the request. The plat should show the zoning of all the involved and adjoining parcels. The plat must be prepared by an architect, engineer, landscape architect or land surveyor whose state registration is current and valid. The preparer's seal shall be affixed to the plat. If a new plat is prepared, the plat must be prepared in compliance with the county's GPS Control Network and Digital Enterprise GIS system (consult the engineering department for details). An additional electronic copy of the plat shall be submitted by the applicant, owner or developer to the engineering department.

3.

The names and addresses of the owners of the land and their agents, if any.

4.

The names and addresses of all adjoining property owners. In determining the adjoining property owners, streams and road, street or railroad rights-of-way shall be disregarded.

8.3.5 Approval.

(A)

Once filed with the zoning administrator, the zoning administrator shall have 15 days to approve or deny the request or determine that the request is incomplete.

(B)

In determining whether to approve the application, the zoning administrator shall consider 1) whether the application satisfies the requirements of this section, 2) whether it protects the adjoining property owners who are not participating in the request; 3) whether the reduction of the buffer would create a nuisance; 4) whether the reduction of the buffer serves the public health, safety and welfare; and 5) whether the reduction of the buffer serves the purposes of this zoning ordinance. Failure to satisfy any of these conditions will justify a denial. If the reduction of the buffer can be reasonably anticipated to create future nuisances, it may be denied.

(C)

A denial may be appealed to the board of zoning appeals under subsection 14.4.1.

8.3.6 Effect on property upon which buffer is waived or reduced.

(A)

Once the adjoining property owner waives or reduces the buffer, it is waived or reduced hereafter unless both current adjoining property owners file a request for the buffer to be reinstated.

(B)

If the request is approved, the applicant shall submit a proposed agreement, covenant or other instrument to the zoning administrator, for review and approval prior to filing in the office of the clerk of superior court, Bartow County, Georgia, in the deed records. The plat shall also be filed and referenced therein reflecting the buffer reduction. The purpose of this instrument shall be to inform all subsequent purchasers of the reduction of the buffer. The buffer reduction shall not take effect until said instrument has been reviewed and approved, and it and the plat have been recorded.

(C)

A buffer that has been reduced or eliminated through this section may be increased or re-imposed by future zoning decision or zoning condition imposed by the commissioner, especially if conditions change. The reduction granted in this section by the zoning administrator shall not abridge the zoning power of the county's governing authority. However, any future zoning decision or zoning condition should respect the vested rights of the property owners.

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