A home occupation as defined by this ordinance shall be governed by the following requirements:

9-1.1.

Only residents of the dwelling may be engaged in the home occupation.

9-1.2.

The home occupation shall be clearly incidental to the residential use of the dwelling and shall not change the essential residential character of the dwelling.

9-1.3.

No signage shall be allowed identifying the home occupation.

9-1.4.

Use of the building for this purpose shall not exceed 25 percent of the conditioned air space of the dwelling.

9-1.5.

No internal or external alterations inconsistent with the residential use of the dwelling shall be permitted.

9-1.6.

The occupation shall not constitute a nuisance in the neighborhood.

9-1.7.

No accessory buildings or outside storage shall be used in connection with the home occupation.

9-1.8.

The home occupation shall not be allowed any destination traffic trips that are related to the home occupation by outside clients or patrons.

9-1.9.

Vehicles used primarily as passenger vehicles only shall be permitted in connection with the conduct of the customary home occupation.

9-1.10.

The following and similar uses shall be considered home occupations provided that all additional requirements of this section are met: addressing service, answering service, architect, computer consulting, desktop publishing, drafting, manufacturing agent, pet sitting (off-site), and web design. Other professions and/or services which are essentially office or clerical in nature as approved by the zoning administrator.

A home business, as defined by this ordinance, shall be governed by the following requirements:

9-2.1.

At least one resident and not more than one nonresident of the dwelling may be engaged in the home business. The resident must be the owner of the home business.

9-2.2.

The home business shall be clearly incidental to the residential use of the dwelling and shall not change the essential residential character of the dwelling.

9-2.3.

No display of products shall be visible from the street and only products produced on the premises may be sold on the premises.

9-2.4.

Only one point of business sign, not exceeding two square feet in size, motionless, non-lighted, and attached to the principal building, shall be permitted.

9-2.5.

Use of the dwelling for this purpose shall not exceed 25 percent of the conditioned air space of the dwelling.

9-2.6.

No internal or external alterations inconsistent with the residential use of the dwelling shall be permitted.

9-2.7.

The home business shall not constitute a nuisance in the neighborhood.

9-2.8.

No accessory buildings or outside storage shall be used in connection with the home business.

9-2.9.

Instruction in music and other tutorial services shall be limited to two students at a time.

9-2.10.

Vehicles used primarily as passenger vehicles only shall be permitted in connection with the conduct of the home business.

9-2.11.

The following and similar uses may be considered for approval as home businesses provided that all additional requirements of this section are met: accountant, addressing service, answering service, architect, art instructor, barber or beauty shop (with no more than one chair), drafting, dressmaking, insurance agent, manufacturing agent, music teacher, notary public, photography, real estate agent, tax consultant, and other home based businesses as approved following planning commission review and county commission approval.

9-2.12.

Not more than six children may be kept in the home as a customary home business. Safe, proper and efficient loading and unloading spaces must be supplied and at least 100 feet of outdoor play area is required for each child accommodated. The entire outdoor play area shall be 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.

This provision is designed to provide for the reasonable development of rural home occupations as an accessory use to rural residential uses. Uses of property for the rural home occupation (RHO) shall be governed by the following requirements:

9-3.1.

Property for which an RHO is proposed shall be owner occupied and shall contain a minimum of three acres of land in the GF zoning district and shall directly abut an arterial or collector roadway as defined on the major thoroughfare plan.

9-3.2.

The accessory structure shall be located behind the residential structure and meet the side and rear building setback lines of the GF zoning district and all building code separation requirements shall apply. The accessory structure shall contain no more than 75 percent of the gross square footage of the principal residential dwelling.

9-3-3.

Any rural home occupation shall be operated in such a manner as to not be a nuisance to adjacent residential structures. This shall apply to noise, lighting, traffic, and unsightly outside storage.

9-3-4.

No display of products shall be allowed in the front yard.

9-3-5.

Only one sign advertising the accessory use, not exceeding 16 square feet in size, motionless and non-lighted, shall be permitted in the conduct of the proposed RHO use.

9-3.6.

All rural home occupations operating under this ordinance section shall provide designated off-street parking to the rear of the primary residential structures for customers of said RHO.

9-3.7.

Any occupation that meets the intent of this ordinance may be considered for a special exception within a GF zoning district as described herein. This may include but is not limited to the following: catering service, motorized vehicle repair, printing or engraving shop, flower shop, furniture upholstery shop, locksmith or gunsmith, personal service shops, photography studio, specialty shops as they relate to the sale of items manufactured therein, and service oriented commercial activities associated with agricultural uses. Other uses as reviewed by the planning commission and approved by the county commission may be considered.

9-3.8.

Any use approved as a rural home occupation which proposes outside storage shall provide for screening of the entire service or storage area as required in section 3-19 of this ordinance.

The following design standards shall apply:

9-3A.1.

Multiple buildings may be allowed on a single lot in these development types.

9-3A.2.

Two parking spaces shall be provided for each dwelling unit proposed as part of any multifamily development project.

9-3A.3.

Multi-family development projects shall conform to the building height restrictions and yard setback requirements listed in section 6 of this ordinance.

9-3A.4.

Each dwelling unit proposed as part of a multi-family development project shall meet the minimum floor area requirements listed in section 6 of this ordinance, as well as limitations for efficiency and one-bedroom units as part of the total project development.

9-3A.5.

All multi-family development projects shall leave 500 square feet per dwelling unit in a natural state as open space or be developed as park and/or open-air recreation facilities.

9-3A.6.

Security worker housing. Security worker housing is allowed as an accessory use subject to the following provisions:

A)

Head of household shall be a full time or seasonal employee of the property owner.

B)

Water supply and sewage disposal for said housing shall be approved by the Ben Hill County Health Department.

C)

Such accessory uses shall be subject to the principal building front, rear and side yard setback requirements of the A-G (agricultural use) zoning district.

D)

All such structures or buildings developed for agricultural worker housing shall be limited to a maximum height of 35 feet and shall have a minimum of 30 feet of open, unoccupied space between it and any other building or structure in the development.

The requirements as set forth in this subsection shall apply to all lands and structures intended primarily to provide for owner occupied residential units, including condominiums, single-family attached dwelling units (with or without condominium ownership), patio homes, zero lot line, and other similar housing types. Multiple buildings may be allowed on a single lot in these development types.

9-3B.1.

A condominium is defined as a type of residential development which includes individually owned dwelling units in a multi-family structure, combined with joint ownership of common areas of the buildings and grounds.

9-3B.2.

Single-family attached dwellings are a type of residential development which includes a dwelling unit on a subdivided lot individually owned, though attached by a common party wall to another dwelling unit on an adjacent lot. This housing type may also include provisions for joint ownership of common areas of certain buildings and grounds.

9-3B.3.

Two parking spaces shall be provided for each dwelling unit proposed as a part of any residential group development project.

9-3B.4.

Residential group development projects shall conform to the building height restrictions listed in section 6 of these regulations.

9-3B.5.

Each dwelling unit proposed as part of a residential development project shall meet the minimum floor area requirements listed in section 6 of these regulations, as well as limitations for efficiency and one-bedroom units as part of the total project development.

9-3B.6.

No building containing single-family attached units shall contain more than ten units. There shall be a fire wall with a four-hour rating between every unit. Each dwelling unit shall be serviced by separate utilities.

9-3B.7.

Minimum lot area for all residential group development projects shall meet the minimum lot area requirements listed in section 6.

9-3B.8.

The following minimum lot area shall be left in a natural state as open space or be developed as park and/or open-air recreation facilities. Required yard areas shall not be credited towards this minimum open space allocation:

9-3B.8.a.

Single-family attached dwelling units - 500 square feet per dwelling unit on all projects one acre and over. (In addition to required square footage per dwelling unit.)

9-3B.8.b.

Condominium 500 square feet per dwelling unit. (In addition to required square footage per dwelling unit.)

9-3B.9.

Applications for a building permit for all residential group development projects shall be subject to the provisions of subsection 12-3 of this ordinance. In addition, if the project proposes the subdivision of the tract into various individual lots and common area, a copy of the planned subdivision must be supplied to the zoning administrator. Said plat shall be properly recorded in the land records of Ben Hill County prior to granting of the respective building permit(s).

9-3B.10.

Due to the design needs of this development type, standard lot sizes and interior setback lines shall not apply. However, zoning district mandated front, side and rear yard setbacks shall apply to all lots where these developments abut traditional development types or newly developed public streets.

Manufactured housing parks are allowed, provided the following requirements are met:

9-4.1.

The minimum lot size shall be five acres.

9-4.2.

Setbacks shall be as described in section 6, setback and yard requirements by district.

9-4.3.

Each manufactured home shall be connected to an approved water and sewer system.

9-4.4.

Minimum individual lot spaces in areas where public water and sewer are available shall be not less than 6,000 square feet (minimum of 60-foot width). The minimum area per manufactured home space shall be not less than 22,000 square feet with a minimum individual space width of 100 feet with central water. Individual manufactured home space requirements shall be as dictated by the rules and regulations of the Ben Hill County Board of Health and the zoning ordinance minimums. All health department required plans shall accompany the required site plan for planning commission review.

9-4.5.

All manufactured home spaces or other park sites devoted to accessory uses (such as management offices, laundry facilities, recreation buildings, etc.) shall have an interior setback of ten feet from its respective area boundaries. Residential accessory buildings associated with dwelling units shall be set back ten feet from its respective space boundaries, limit of one accessory building per manufactured home space.

9-4.6.

A 60-foot interior drive, paved and properly drained for two-way traffic, 22-foot paving minimum, shall serve all manufactured home spaces and shall be drained so as to prevent damage to adjoining property, public or private. For the purpose of enforcement of this provision, interior streets shall be developed to public road standards dictated in the Ben Hill County Land Subdivision Ordinance.

9-4.7.

Each manufactured home space and accessory use space shall be clearly defined by means of concrete, steel or iron pipe markers placed at all corners.

9-4.8.

At least 200 square feet per manufactured home space (not to be a part of the required manufactured home space) shall be provided in one or more locations for community playground and recreation purposes.

9-4.9.

All property lines of a manufactured housing park which abut any zoning district other than another MHP district shall be screened as described in section 3-19.

9-4.10.

Prior to any application for rezoning, development or expansion, all manufactured housing park developments must be submitted and reviewed by the Fitzgerald/Ben Hill County Planning Commission and must receive their approval prior to the issuance of any building permits. Proper utility plans, drainage plans and road development plans, drawn to county specifications, shall accompany the proposed site plan for county staff review prior to submission to the planning commission. For the purpose of the development of the required plans, site plans for manufactured housing parks shall contain data equivalent to the preliminary plat requirements of the Ben Hill County Land Subdivision Ordinance. Construction drawings equivalent to the improvements plan process described in the Ben Hill County Land Subdivision Ordinance shall be required to be submitted to and approved by the Ben Hill County Engineer prior to the initiation of any manufactured housing park construction.

9-4.11.

No manufactured housing park shall be occupied by a greater number of manufactured homes than that authorized in the approved site plan. No manufactured housing park shall be enlarged or expanded unless a separate manufactured housing park site plan has been reviewed and approved by the planning commission.

In GF zones within the unincorporated area of Ben Hill County, there shall be permitted, as a matter of right, to any owner of property one primary dwelling and as many as five residential uses on any parcel of land where the following can and must be met. The additional accessory dwellings set forth above will be permitted on any parcel of land under single ownership.

9-5.1.

Occupants of non-principal residential uses shall be related by blood ties to the owner of the property and said blood relationships shall extend to but not beyond the second descending and ascending generation.

9-5.2.

Each such non-principal residential use shall occupy a land area not less than 43,560 square feet in size, with a minimum area width of 150 feet.

9-5.3.

Each such land area shall be so defined by permanent physical markers as to be given a numerical address and location designation.

9-5.4.

Each such land area shall receive approval from established county health authorities as to its suitability as a site for an effective sanitary sewage disposal system designed to accommodate wastes generated by the user of that land site.

9-5.5.

An acceptable domestic water supply shall be available to each satellite user of this special provision and such water supply shall meet local public requirements as administered by county health authorities.

9-5.6.

No commercial use of this special provision will be allowed and no rental charge can be placed on the non-principal uses.

9-5.7.

Each such use shall be accessible, either by private drive or public roadway, to the public thoroughfare system.

9-5.8.

Individual power supply sources shall be provided to each user under this special provision and each utility installation shall meet such standards as have been adopted by local authorities.

9-5.9.

Facilities established under this special provision for residential use shall meet the requirements of local construction and use codes established by the Ben Hill County Commission.

9-5.10.

Permits for construction will not be issued prior to the approval of each of the aforementioned conditions by the zoning administrator. In addition, any change in use or occupancy must be approved by the zoning administrator.

Agricultural worker housing is allowed as an accessory use in the GF (general farming) district subject to the following provisions:

9-6.1.

Head of household shall be a full time or seasonal employee of the property owner and are responsible for the agricultural production of the property.

9-6.2.

All such housing shall meet applicable rules and regulations regarding agricultural worker housing of the Georgia Department of Labor.

9-6.3.

Water supply and sewage disposal for said housing shall be approved by the Ben Hill County Health Department.

9-6.4.

Such accessory uses shall be subject to the principal building front, rear and side yard setback requirements of the GF (general farming) zoning district.

9-6.5.

All such structures or buildings developed for agricultural worker housing shall be limited to a maximum height of 35 feet and shall have a minimum of 30 feet of open, unoccupied space between it and any other building or structure in the development.

All chicken house facilities shall be located at least 1,000 feet from any residential dwelling property line and residential zoning district, excluding any dwelling belonging to the owner of the poultry operation, as well as any commercial or industrial use. Setbacks for buildings shall be at least 100 feet from a public road or adjoining property line, and the parcel upon which a poultry facility is to be sited shall be at least ten acres in size.

An eight-foot fence and six-foot-wide buffer strip, developed in accordance with section 3-19, shall be erected along all road frontages, all side lot lines and all rear yard lines of any junk yard.