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Ben Hill County Unincorporated
City Zoning Code

SECTION 5

- SCHEDULE OF PERMITTED USES

Sec. 5-1.- Table of permitted uses.

Within the various zoning districts as indicated on the "Official Zoning Maps of Ben Hill County", no building, structure, or land shall be constructed, erected, altered, or used except as indicated in the following schedules:

5-1.1.

Uses permitted by right. Uses permitted as a matter of right are indicated on the following schedule by the letter "X" in the appropriate column.

5-1.2.

Special exception. Uses permitted only after special review and approval of the county commission are indicated on the following schedule by the letters "SE" in the appropriate column. Requests to approve a use by special exception shall be advertised, reviewed, and processed in the same manner as an amendment to the official zoning maps as described in section 14 - amendment.

5-1.3.

Uses not allowed. Uses not specifically designated by an "X" or "SE" within the appropriate column are not allowed within the district.

5-1.4.

Conflict of use interpretation. In the event of a discrepancy between the various provisions of this ordinance as relates to a particular use of land being allowed in a particular zoning district, section 5, schedule of permitted uses, shall govern.

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1. Accessory buildings or uses X X X X X X X X X X X X X X X
2a. Animals, non-commercial keeping of horses as an accessory use to residential land uses, provided that in RR, zones:
 a) shall only be permitted on a lot containing not less than two acres;
 b) all buildings used to house the animals shall be set back not less than 150 feet from any property line;
 c) all animals shall be maintained at least 50 feet from any property line except property lines adjoining a GF zones; and
 d) there shall be not less than 30,000 square feet of fenced lot area not covered by the principal structure for each animal. 		X X
2b. Animals, kennel, non-commercial, as an accessory use to residential land uses provided that:
 a) Minimum lot size of one acre (three acres in GF);
 b) All buildings used to house the animals shall be set back 150 feet from any property line. 		X SE
2c. Animals, kennel, commercial X SE
3. Boarding or rooming house X X X X
4. Church or other place of worship, including Sunday School buildings, parish houses, convents, nursery school, kindergartens (subject to developmental standards listed in use item # 19) and other related uses on the same premises and operated by the church provided that within R-R, R-1, R-22, MR, R-P, C-C, and G-B zones:
 a) Lot must front collector or arterial street;
 b) the lot size shall be no less than two acres;
 c) any building or structure established with any such use shall have minimum side and rear yards of 50 feet. 		X X X X X X X X X X X X
5. Dwelling, single-family X X X X X SE SE X X X X
6. Dwelling, two-family (duplex) and dwelling, three family (Triplex) X X SE X X X X
7. Garden, private X X X X X X X X X X X X X X X
8. Dwelling, multi-family and residential group development projects SE X SE SE
9. Family personal care home X SE SE SE X SE SE
10. Garage apartment, provided no more than one shall be permitted on a lot with the principal dwelling, and provided such shall be permitted only within the rear yard. X SE SE X X
11. Group personal care home, provided that:
 a) Minimum lot size of one acre in all zones
 b) Parking is restricted to rear and side yard and shall be screened per section 3-19. 		SE SE SE X X
12. Guest quarters or worker quarters, provided no more than one shall be permitted on a lot with the principal building and provided such shall be permitted only within the rear yard. Within zones other than GF, the lot on which such use is to be established must be 50 percent greater in lot area than the minimum standard lot size for the respective district. X X X X
13. Home occupation (See section 9-1) X X X X X X X X X X X
14. Home business (See section 9-2) X X X SE SE SE SE SE
15. Manufactured home, individually sited, provided that:

The manufactured home shall meet the same minimum square footage, setback, and yard requirements as any other single-family dwelling, and must be installed and anchored as per Georgia State minimum requirements, and properly underpinned or skirted within 45 days. 		X X X X
16. Manufactured housing park, provided that:

a) Access to manufactured housing parks shall be by paved street and shall directly abut an arterial or collector street as designated on the Major Thoroughfare Plan, Ben Hill County, Georgia; and,
b) the manufactured housing park meets the requirements of section 9-4 of this ordinance 		SE X
17. Public owned recreation centers, Y.M.C.A. and institutions of a similar nature SE X X X SE
18. Schools, public or private - Pre-K through high school. X SE SE SE SE SE
19. Schools kindergartens, nurseries, and day care centers, provided that:
 a) Off-street loading and unloading spaces are supplied; and
 b) at least 100 square feet of outdoor play area is supplied for each child accommodated; and,
 c) the entire play area is enclosed by a steel mesh security fence with lockable gates approved by the building official or other substantial building material affording equal or better protection having a minimum height of at least four feet and constructed in such a manner that maximum safety to the children is ensured. 		X SE SE SE
20. Tourist homes (Bed and Breakfast Inn & Air B&B) SE SE SE SE X X
Business use
21. Reserved.
22. Ambulance service or rescue squad (private) X X X X
23. Amusement or recreational activities (commercial), carried on outside a building such as a golf or baseball driving range, miniature golf course, softball field, and uses of a similar nature. SE X X
24. Amusement or recreational activities (commercial), carried on outside a building which produces noise and/or noxious fumes, such as drag racing strips, racetracks, motorcycle races or ATV (all-terrain vehicle) courses, and uses of a similar nature. SE
25. Amusement or recreational activities (commercial), carried on wholly within a building, such a cinema, theater, auditorium, venues and uses of a similar nature. SE X X
26. Animal hospital, veterinary clinic or animal sheltering place, located at least 300 feet from the nearest residential district. SE SE SE SE
27. Reserved.
28. Art studio X X X
29. Automobile service station, provided that major auto repair shall not be permitted, nor shall there be outside storage of materials or equipment other than merchandise offered for sale in a C-C or G-B district. SE X X
30. Automobile, truck, farm equipment, or motorcycle sales, repair, or upholstery, auto washeteria, paint shops, or tire recapping, (including rebuilding of parts or sales of parts and equipment indoors only, no outside storage of equipment or parts except for WLI and H-I districts). X X X
31. Automobile parking lot or parking garage (Commercial) SE X
32. Bait and tackle store; in GF, only when associated with resource-oriented amusement or recreational activity. SE X X
33. Banks, financial institutions, and offices not specifically listed elsewhere in this column. X X
34. Bookbinding, printing, engraving, blueprinting, photo stating, or letter shop. X X
35. Building contractor and related activities and storage of building supplies and materials, provided that equipment and materials temporarily stored or displayed outside shall be completely enclosed by a suitable fence. No sawmill or planning mill operations shall take place on the premises within any district other than the H-I, GF district. SE SE X
36. Business schools (private) SE SE X X
36a. Catering service SE X X
37. Clothing and dry goods stores, including shoe stores, men's shops, women's shops, variety stores and stores of a similar nature. X X
38. Clubs or lodges (private) SE SE X X
39. Colleges and universities SE SE X X
40. Cultural facilities, libraries, museums, and similar facilities. SE X X X SE
41. Dance school or studio SE SE X X
42. Department stores X X
43. Drive-in restaurants X X
44. Drug stores SE X X
45. Electrical repair and similar repair of a heavy commercial nature. X X X
46. Electrical appliance repair, wholly contained within a building. X X X X
47. Experimental laboratory SE SE X X X
48. Freight express office X X X
49. Farmers market SE SE SE
50. Farm supplies, including feed, seed, and insecticides, and fertilizer retail sales. SE SE X X
51. Flower shop SE X X
52. Food stores, including retail bakeries, meat markets, dairy products, confectioner shops, and stores of a similar nature. SE X X
53. Funeral home SE SE X X
54. Furniture upholstery shop X X X X
55. Glass sales and storage - Wholly contained within a building. X X X X
56. Golf course - Lighted SE SE X
57. Golf course, provided that:
 a) It shall be for daytime use only; and
 b) all greens and fairways shall be set back at least 100 feet from any exterior property lines; and
structures shall meet minimum setback requirements for single-family residences within the respective district. 		X SE SE SE SE SE SE SE SE
58. Reserved.
59. Home furnishings and hardware, such as appliance sales, hardware stores, paint stores, sporting goods stores, furniture stores, and stores of a similar nature. X X
60. Hospitals, nursing homes, care homes and congregate personal care homes, provided that:
 a) The lot size shall be no less than one acre within any district where allowed; and,
 b) any building or structure established with any such use shall have minimum side and rear yard of 50 feet; and
 c) the setback shall be 25 feet more than required for other structures within the same district; and,
 d) the lot upon which any hospital is built shall front on an arterial or collector street as specified on the Major Thoroughfare Plan 		SE SE SE
61. Hotels SE SE
62. Laboratory serving professional requirements medical, dental X X X
63. Laundromat or washeteria X X
64. Locksmith, gunsmith - Repairs and sales only. SE X X
65. Medical, dental, or similar clinic X X X
66. Motels SE SE
67. Music teaching studio SE X X X
68. Neighborhood dry-cleaning plants, laundry pick-up stations:
 a) The dry-cleaning plant and its operation shall meet the requirements of the National Fire Protection Association (NFPA) and the Underwriters Laboratories, Inc.; and,
 b) the dry-cleaning plant shall serve not more than one pick-up and delivery station exclusive of one occupying the same premises as the plant; and,
 c) the building for a dry-cleaning plant shall not contain more than 4,000 square feet of floor area inclusive of dry-cleaning pick-up facilities within the building; and,
 d) the dry cleaning plant shall be designed to operate in a manner that will not emit smoke, or odor, or objectionable waste materials and which will not produce noise that will carry beyond the walls of the building occupied by such plant; and,
 e) fuel for operation of equipment shall be smokeless fuel; and,
 f) the applicant for the dry-cleaning plant shall certify in writing at the time of application that all the above conditions will be met. 		SE SE
69. Newspaper or periodical production, sales and distribution X X
70. Newspaper or periodical publishing X X
71. Nightclub or lounge, provided lot must front arterial street. X
72. Office equipment sales and service X X X
73. Package store X X
74. Pawn shops and small personal loan offices other than commercial banks. X X
75. Personal service shops, such as barber shops, beauty shops, shoe repair, watch repair, and services of a similar nature. SE X X
76. Pest control, providing no outside storage other than within a WLI or H-I district. SE X X X
77. Photography studio SE X X X
78. Produce sales, seasonal X X X
79. Radio and television studios SE X X
80. Utility substation, provided all buildings, masts, and other facilities are located at least 200 feet from adjacent property lines on any lot which adjoins any residential district. SE X X
81. Railroad or bus passenger station X X
82. Railroad freight station X X X
83. Restaurants SE SE X X
84. Retail GFTO parts and tire stores X X
85. Retail stores, not covered elsewhere in this section. SE X
86. Residential mobile home sales room and sales lot SE X
87. Security worker housing SE SE SE SE SE
88. Shell home display yards X X
89. Shrubbery sales (within a CC zone, must be wholly
contained within the building.) 		SE X X
90. Specialty shops, such as gift shops, jewelry stores, jewelry repair, antique shops, and stores of a similar nature. SE X X
91. Taxidermist SE SE X
92. Taxi office SE X
93. Telecommunications towers provided all structures are set back from property lines and right-of-way lines the required distances for that district, plus one foot for every two feet above the height requirements of that district. Towers for telecommunication services will not be permitted within 5,000 feet of each other, measured from base of tower to base of tower. SE SE SE SE
93. Telegraph or messenger service X X
94. Technical college/schools SE X X
95. Travel trailer park, provided that:
 a) No travel trailer nor R/V park shall be located except with direct access to a principal or minor arterial with a minimum lot width of not less than 50 feet for that portion used for entrance and exit. No entrances or exits shall be through a residential district or shall require movement of traffic from the park through a residential district.
 b) The minimum lot area required for a travel trailer park shall be three acres.
 c) Spaces in a travel trailer park may be used by travel Trailers provided they shall be rented by the day or week only, and an occupant of such space shall remain in the trailer park for a period of not more than 30 days.
 d) Management headquarters, recreational facilities, toilets, showers, laundry facilities and other uses and structures customarily incidental to operation of a trailer park are permitted as accessory uses in any district in which travel trailer parks are allowed provided such establishments and the parking area primarily related to their operations shall not occupy more than ten percent of the area of the park.
 e) No space shall be located so that any part intended for occupancy for sleeping purposes shall be within 20 feet of the exterior property lines.
 f) In addition to meeting the above requirements, the travel trailer park site plan shall be accompanied by a certificate of approval from the Ben Hill County Health Department.
 g) Site plan review and approval required as part of rezoning. 		SE SE
96. On site, Utility trailer sales, rentals, rent-alls SE X X
 a) Utility trailer manufacture, trailer repair SE X
97. Vending machines, located out-of-doors subject to yard and setback requirements for the respective districts (as an accessory use only). X X X X X
98. Acid storage and distribution X
99. Feed, grain, or fertilizer wholesaling and storage SE SE X X
100. Freezer locker service, ice storage X X
101. Greenhouse and plant nursery
(Commercial) heavy equipment allowed only in GF and WLI districts. In CC and GB district must be wholly contained within a building. 		SE X X X
102. Heavy manufacturing. The like of which produces noise, odor, dust, fumes, fire hazards or other nuisance features shall be setback not less than 500 feet from any H-I district boundary.
 a) Asphalt or concrete plant SE
 b) Battery manufacturing SE
 c) Bone distillation SE
 d) Corrosive acids manufacture SE
 e) Drop forge industry SE
 f) Fat or oil manufacture (including fat rendering) SE
 g) Fertilizer manufacture SE
 h) Grain mill product manufacture SE
 i) Leather tanning manufacture SE
 j) Linoleum manufacture SE
 k) Luggage manufacture SE
 l) Lumber manufacture (lumber sawmill and storage) SE
 m) Meat processing plant SE
 n) Metal product manufacturing SE
 o) Organic materials reduction SE
 p) Petroleum refining and related industry SE
 q) Power generation facility SE
 r) Pulp or paper mill SE
 s) Rubber or plastic product manufacture SE
 t) Stone, clay, or glass manufacture SE
 u) Transportation equipment manufacture SE
103. Junk yard or auto graveyard, provided that:
 a) Minimum lot size of five acres is required; and
 b) front yard setback increased 50 feet over requirements for other uses in WLI and H-I zones; and
 c) must be set back 500 feet from any residential district boundary.
 The entire junk yard or auto graveyard shall be screened as required in section 3-19. 		SE SE
104. Light manufacturing:
 a) Appliance and electronic device assembly plant including the manufacturing of parts for appliances and electronic devices X X
 b) manufacturing of food, cosmetics and pharmaceutical products, but not including fish and meat products, sauerkraut, vinegar, yeast, and rendering plants X
 c) machine shop and related activities X
 d) construction of signs, including painted signs X
 e) cooperage X
 f) bottling and canning plants X
 g) light sheet metal products such as ventilating ducts and eaves X
 h) ice manufacturing X
 i) laundry, cleaning, and dyeing plants X
 j) musical instruments, toys, novelties, and similar products X
 k) ceramic products provided that kilns shall only be by gas or electricity X
 l) assembly of products from previously prepared materials X
 m) tinsmith and roofing services X
 n) other manufacturing, processing, packaging, or handling of a
similar nature which shall not omit or produce more smoke,
noise, odor, dust, vibration or fumes than the uses listed herein. 		X
105. Lumber yard, coal storage yards, or other storage not specifically listed in
this column, such yards if within a WLI district shall be enclosed by a fence and no storage shall be permitted outside such fence. 		X X
106. Petroleum storage (wholesale storage and
wholesale distribution) 		SE X
107. Planing or sawmill (in GF, must be screened per
section 3-19 and abut an arterial or paved collector road.) 		SE X X
108. Railroad classification and repair yard X
109. Sale of livestock (commercial sales and/or
auction facility) 		SE X
110. Sanitary landfill or incineration SE
111. Truck terminal X X
112. Warehousing (not related to sales on the premises) X X
113. Warehousing (mini storage facility) storage
for personal property - must be wholly contained within a building. 		SE X X
114. Wholesaling of a light commercial nature when operated in conjunction with or as part of a retail outlet. X X
115. Wholesaling (not covered in other parts of this list) SE X X
116. Advertising incidental use sign X X X X X
117. Point of business sign (in accordance with restriction in section 9-2 or 9-3 if for home business/rural home occupation); Identification sign, bulletin board. X X X X X X X X X X X X X X X
118. Signs which do not require a permit (refer to
section 11-4) 		X X X X X X X X X X X X X X X
119. Amusement or recreational activities
(resource oriented), such as parks; marinas, bird sanctuaries; botanical gardens; archery ranges and commercial fishing ponds. 		X
120. Amusement or recreational activities.
Hunting and shooting preserves and clubs and paintball ranges. 		SE
121. Agricultural experimental laboratory and/or facilities SE X X
122. Apiculture X
122-a. Commercial chicken houses SE
122-b. Cotton gin SE X
123. Crop dusting service - If landing strip or pad is
associated with activity, landing strip or pad must be set back 500 feet from all property lines. 		SE SE
124. Farming and farm operations, including feed lots and
related structures and other agricultural uses as defined in section 2, including agricultural worker housing. 		X
125. Fish hatcheries X
126. Forestry nurseries (tree farms) X
127. Growing of crops X
128. Horticultural production, including related retail and wholesale activities. X
128-a. Peanut drying facility (commercial) SE X
129. Plant farms X
130. Riding or boarding stables SE
131. Rural home occupation SE SE SE
132. Worm farm X
133. Vegetable packing & sorting facility
(commercial) 		SE X
134. Vineyards X
135. Armories, for meetings and training organizations. X X
136. Carnival or athletic event, community fair or other event of interest to the public, not to exceed 30 days. SE SE X
137. Cemetery (commercial) SE SE X
138. flea market SE X
139. Religious meetings, held in a tent or other temporary structure not to exceed 30 days. SE SE SE SE
140. Temporary buildings and storage of materials (in conjunction with construction of a building) on a lot where construction is taking place or on adjacent lots such temporary uses to be terminated upon completion of construction. No temporary building shall be used for residential purposes. X X X X X X X X X X X X X X X
141. Temporary batch plants and construction related facilities for a single development SE SE SE

 

(Res. of 9-6-2022)