(a)

No principal building, structure, or land use shall be permitted except in the zoning districts indicated and for the purposes permitted in Table 140-341(a). Each use is mutually exclusive and does not encompass other uses listed in the table.

(b)

A principal use denoted by the letter "X" is allowed in that zoning district by right, subject to any special requirements that may be applicable to that use. A principal use denoted by the letter "C" is permitted only if a conditional use permit is granted by the mayor and council after review under chapter 125, pertaining to zoning procedures and standards.

(c)

Specific requirements may apply to certain uses and are referenced by section number.

(d)

For uses not listed in the following tables, the zoning administrator shall determine whether said use is similar in impact and intensity to another use that is currently allowed in a zoning district and shall rule that the said use is therefore allowed. Appeals from the judgment from the zoning administrator shall be in accordance with article XXII of this chapter.

(e)

Accessory and temporary uses that are allowed in conjunction with a principal use are shown on Table 140-341(b). An accessory use is a use that is allowed on a property in conjunction with a principal use. An accessory use is incidental to the principal use and would not exist independent of the principal use. A temporary use is a use having a specific duration or the end of which is related to a specific action.

Table 140-341(a). Table of Permissible and Conditional Principal Uses.

Table 140-341(b). Table of Permissible Accessory and Temporary Uses.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)

(a)

Amusement parks, athletic events, carnivals, community fairs, entertainment activities, horse shows, recreational activities, rodeo and similar activities of a commercial or charitable purpose. Provided such activities and any buildings, structures, or accessory uses are not located within 100 feet of a property line and with the exception of a seasonal amusement park, the activity or event shall not exceed a period of 14 days.

(b)

Commercial recreation grounds and facilities including fishing lakes, golf courses, tennis courts, baseball batting cages, golf driving range, par three golf, and miniature golf, and related activities.

(1)

Provided the use is enclosed by a wall or fence or buffer area ten feet in depth around the property perimeter; loudspeakers and similar nuisances are not to be used; and lighting is established in such a manner as not to adversely affect or cast direct light on adjacent properties and roadways.

(2)

Such uses shall not emit smoke, odor, or objectionable waste materials and will not produce noise that will carry beyond the walls of the building enclosure.

(c)

Telecommunications towers for radio, television, cellular, PCS, broadband, microwave, analog, and similar uses. The location of freestanding communication towers may be permitted under the provisions of this section. The intent of this section is to provide for the appropriate location and development of communication towers to serve the residents and businesses of the city and the county; to minimize adverse visual impacts, incompatibility, and the proliferation of towers and antennas by careful siting, screening, requiring co-location of antennas, landscaping and innovative camouflaging techniques; to promote safety through proper engineering; to encourage the use of existing structures as an alternative location for antennas; and to encourage and promote the location of new communication towers in areas which are not zoned for residential use.

(1)

Permits and/or review. Towers proposed in the M-1 zone, which meet the development standards hereunder, may apply directly to the building inspector for a construction permit. Any antennas meeting stealth design requirements is a permitted use in all zoning districts (note: residential zones are not identified on the permitted use table because they are limited to stealth design only) and may apply to the building inspector for a permit. Towers in the CBD and C-2 zones are conditional uses and subject to the review requirements of chapter 125, pertaining to zoning procedures and standards, and must submit an application with evidence of compliance with the minimum criteria below, plus the information under subsection (c)(11) of this section.

(2)

Height. Height means the vertical distance of any tower as measured from the bottom of the base of the tower at ground level to the highest point of such tower, including any antennas which are mounted upon the tower itself. Towers shall be permitted to a maximum height of 250 feet and the height of the tower shall not exceed a maximum elevation of 1,880 feet above sea level.

(3)

Co-location capability required.

a.

No tower shall be built, constructed, or erected unless it is capable of supporting three or more antennas comparable in size, weight, and surface area. Before any tower is eligible for a building permit in the M-1 zone or eligible for conditional review in the CBD or C-2 zone districts, evidence must be submitted to the zoning administrator which affirms that one or more antennas shall be erected upon the proposed tower immediately upon completion of the tower.

b.

Speculative towers without commitment for at least one antenna will not be considered for building permits or review, as applicable. Tower sites may not be permitted if there is an existing, technically, and commercially reasonable space available for shared/co-location on an existing tower.

(4)

Security and advertising. All approved towers shall be enclosed by decay-resistant security fencing not less than six feet high and shall be equipped with an anti-climbing device. Except for the owners' identifying name plate, including emergency telephone numbers, to be located upon the gate or security fence surrounding the tower base, advertising signage on towers or antennas shall be prohibited.

(5)

Access. Access to a tower site, if not abutting a public street directly, shall be on a dedicated easement that is 25 feet wide and the minimum required surface shall be graveled and well-drained and 12 feet wide.

(6)

Setbacks and required base area. Towers shall not be located within 250 feet of any dwelling (regardless of the zoning district in which any such dwelling may be located) or any building, structures, or places identified by placement on the National Register of Historic Places, by designation as a state historical site, or as part of a locally designated historic district; and all towers and maintenance/operation structures (including guyed wires) shall comply with the setbacks as required by the zoning district in which the tower is to be located. Antenna support structures, meaning any building or structure other than a tower, are exempt from the setback requirements. For a monopole tower, the ground area available at the base of the tower shall contain a minimum of 2,500 square feet, so as to accommodate up to three maintenance/operation structures. For guyed or lattice towers the ground area available at the base of the tower shall contain a minimum of 6,000 square feet, so as to accommodate up to three maintenance/operation structures.

(7)

Buffers. The perimeter outside the required security fence shall be screened from the view of public rights-of-way, public property and any residential zone district or residential use by evergreen plantings. The width of the buffer shall be no less than 12 feet. The zoning administrator at his discretion may reduce or waive the buffer requirements upon specific findings that the visual impact of the tower base would be minimal.

(8)

Lighting and safety standards.

a.

To ensure the structural integrity of communication towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. Tower owners shall conduct periodic inspections of communication towers at least once every three years to ensure structural integrity. Inspections shall be conducted by a structural engineer licensed to practice in the state.

b.

No illumination is permitted on an antenna or tower unless required by the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA) or other state or federal agency of incompetent jurisdiction.

(9)

Visual impact. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA or other applicable federal or state agency, be painted a neutral color, so as to reduce visual obtrusiveness. At a tower site the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. Towers clustered at the same site shall be of similar height and design. Towers shall be at a minimum height necessary to provide parity with existing similar tower supported antenna, and shall be freestanding where the negative visual effect is less than would be created by use of a guyed tower.

(10)

Regulatory compliance. All towers and antennas must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate communications towers and antennas. If such standards and regulations are changed, then the owners of the communications towers and antennas shall come into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency. Tower owners shall provide documentation showing that each communication tower is in compliance with all federal requirements. Evidence of compliance must be submitted every 12 months.

(11)

Application process. Application for a permit for any tower, antennas, or use of an alternative tower structure shall first be made to the building inspector. The application will be reviewed under the applicable process and should address the following minimum information, beyond those items listed above:

a.

An inventory of the applicant's existing towers or antennas within a five-mile radius of the proposed site; regarding towers, such inventory shall include identification of all other owner/operators of existing antennas on said towers.

b.

Description of the proposed antenna/tower's area of service, including maps depicting radio frequency (RF) data and applicable coverage areas, both with and without the proposed tower/antenna.

c.

Photo simulations or rendering illustrating the potential visual impact (for conditional use review only).

d.

A report from a professional engineer citing heights, design; anticipated antenna capacity (i.e., co-location capability), structural integrity, and failure characteristics with scaled drawings showing required setbacks.

e.

Regarding a proposed tower, written certification that the owner of the tower complies with regulation administered by the FAA or FCC or stating that the tower is exempt from such consideration.

f.

Under conditional use review, modification of any rules regarding height, setback, base area, or access shall be reviewed and recommended by the planning commission for final action before the mayor and council. Substantial evidence of need for the modification shall be required.

(d)

Private camps and campgrounds. Where such uses are adjacent to conforming residential uses or districts, the boundaries of such uses shall include a vegetative buffer with a minimum width of 30 feet adjacent to all other uses, including boundaries adjacent to public streets. Privacy fences may substitute for one-half of the vegetative buffer only through the conditional review process.

(e)

Drive-in movie theater. No structures other than a fence shall be located closer than 50 feet to a property line; drive-way and parking areas shall be paved; ingress and egress shall be designed and constructed to provide for safe traffic movement; central loudspeakers shall not be used; the movie upon the theater screen shall not be visible from a major street; and the theater shall be enclosed by a wall or fence of adequate height to screen the parking area and vehicle movements from view of adjoining properties.

(f)

Hazardous materials facility/processing. Site acreage shall consist of no less than ten acres; driveway access shall only intersect streets classed as arterial routes, and such projects shall be enclosed by chain-link fencing that is at least eight feet high, topped by protective wire designed to discourage human entry, the outside of the fence shall be screened on all sides, including the sides abutting a public street, by a planted vegetative buffer that is 15 feet wide, and the facility must operate under applicable permits issued by state or federal authorities, other conditions may be applicable over and above this minimum criteria concerning hours of operation, noise, traffic, public safety, and lighting.

(g)

Landfill, inert/sanitary landfill, public/private. Facilities meet other applicable city regulations and are permitted by the state solid waste authorities, provided such facilities are not located within 500 feet of an existing residential district; and provided such facility access routes and entrances meet the approval of the mayor and council. Other conditions may be applicable under the review process.

(h)

Sawmill, temporary or portable. The use is limited to processing timber removed from property on which it is located and the mill is set up not closer than 500 feet to an existing residence on adjoining properties.

(i)

Dwelling, loft. Provided that:

(1)

There shall be no more than four loft dwellings per building and they shall be located only on the floor above ground level.

(2)

Each loft dwelling has a private entry door.

(3)

Either a private access stairway to the ground floor or a common stairway in conjunction with a common upstairs foyer.

(4)

Central heating and cooling with individual thermostats per loft dwelling.

(5)

A minimum of 425 square feet of dwelling unit space for the first occupant with 100 square feet of added space for each additional occupant.

(6)

The loft dwelling shall be equipped with a fire suppression sprinkler system complying with the National Fire Protection Association (NFPA) 13R standard and all other floors, including the basement, shall meet the NFPA 13 standard.

(7)

No doorway or window interconnection between loft dwellings is allowed.

(8)

Two off-street or leased parking spaces per loft dwelling are required. They may be located on site and placed to the side or rear of the property to which they serve, or they may be located off site (on private property) and located within the CBD. Off premise parking is subject to review and approval by the Zoning Administrator that it meets the requirements set out herein.

(9)

Onsite dumpster service that is screened with materials that complement the building to which it serves is required.

(10)

Compliance with all existing codes used in the city.

(j)

Bed and breakfast (home). Other requirements shall include:

(1)

Rooms for rent are within a single-family dwelling occupied by the owner as his principal residence and the structure shall be residential in character;

(2)

The same rental occupants shall not reside in the single-family building for a period longer than seven consecutive days;

(3)

Breakfast is the only meal served and only to overnight guests;

(4)

Identifying signage shall be limited to one sign and a maximum size of two square feet, externally lighted;

(5)

The resident owner provides one off-street parking space for every rental room;

(6)

No person not resident on the premises is employed;

(7)

The exterior appearance of the building shall not be altered from its single-family character, except to ensure safety.

(k)

Bed and breakfast (inn). Other requirements shall include:

(1)

Compliance with the same licensing, inspection and taxation requirements as hotels, motels, and restaurants.

(2)

If within a residential district, the building shall be residential in character.

(3)

Breakfast is the only meal served and only to overnight guests.

(4)

The owners may have employees.

(5)

The owner shall provide one off-street parking space for each rental room and one space for each employee.

(6)

In a residential zoning district, signage shall be limited to one sign and a maximum size of two square feet.

(l)

Cemeteries, mausoleums, and columbariums.

(1)

Cemeteries, not including governmentally-owned cemeteries, fraternal cemeteries, church or synagogue cemeteries, or family burial plots shall have minimum site areas of 25 acres and shall comply with the Georgia Cemetery Act of 1983, as amended.

(2)

Churches and synagogues, and fraternal organizations may operate cemeteries as an accessory use, wherever the principal use is allowed but only if a minimum site area of two acres is available for the cemetery. A minimum site area is not required for a columbarium.

(3)

In all residential zone districts, family burial plots shall only be allowed as an accessory use to a residential dwelling on parcels or tracts containing five acres or more. If such burial plots are established, the tract size cannot be reduced to less than five acres at any time in the future.

(m)

Day care, group and facility. Such uses are permitted as an accessory use for churches, schools, and commercial or manufacturing facilities provided that such use shall conform to the state day care requirements and comply with all health regulations. Regarding commercial and manufacturing facilities, the child care facilities shall only be located within the commercial or industrial facility and shall not be a freestanding building on site.

(n)

Yard sales, garage/basement. Provided that:

(1)

Sales last no longer than three days;

(2)

Sales are held no more than four times per year;

(3)

Sales are conducted on the owner's property (multiple-family sales are permitted if they are held on the property of one of the participants);

(4)

No goods purchased for resale may be offered for sale; and

(5)

No consignment goods may be offered for sale.

(o)

Noise, odor or fumes. In the C-2 zone district, such use shall not produce noise, odor, or fumes that will carry beyond the walls of the building enclosure.

(p)

Meat packing, processing, slaughter yards. The holding pens or outdoor storage areas for animals awaiting processing shall only be large enough to equal the daily processing capability of the processing plant. Such holding areas shall be in the side or rear yard areas and shall not be located closer than 100 feet to the boundary of the property. A vegetative, evergreen screen at least 15 feet wide shall be established so that adjacent uses, even in the same zone district, shall not have a view of the holding pens/areas.

(q)

Halfway houses. In the R-3 zone district, such uses shall be separated from each other by a minimum of 660 feet, measured as a radius from all property lines of the subject property. See also specific public notice and hearing requirements for halfway houses in chapter 125.

(r)

Office centers, planned. Three or more commercial uses utilizing a permanent enclosed building with a single continuous façade and providing common parking, access and service may include combinations of the following commercial uses: Accounting, auditing and bookkeeping offices; Engineering, surveying and architectural offices; Finance, real estate, insurance and financial institutions; Health services clinics including a pharmacy as an accessory use; Legal services offices; Licensed health services practitioner offices; Medical and dental laboratories; Research and testing laboratories; Telephone business offices; Other general office uses.

(s)

Vehicle storage. Storage of inoperable vehicles or those awaiting repair shall be required in the side or rear yard, which shall be enclosed by a sight impermeable fence that is a minimum height of six feet.

(t)

Adult businesses. In order to provide ample public visibility, such uses shall not be located on lots having less than 100 feet of street frontage. In addition, all requirements of the City's Ordinance for Licensing and Regulation of Adult Businesses shall be met.

(u)

Senior dwellings. Such dwellings shall be constructed with 100 percent of the proposed units equipped for accessibility by the handicapped, including ramps where applicable; the width of interior and exterior doors; bathroom facilities; and grab bars where appropriate.

(v)

Condominium criteria.

(1)

See section 140-12(1)f and g for separation distances between buildings.

(2)

If common areas are provided for in a development, the developer or a homeowner's association created by the developer by recorded covenants and restrictions running with the land, shall preserve and maintain the lands set aside for open space, parks, recreation, or common off-street parking spaces.

(3)

A complete site plan shall be required to consider any rezoning concerning condominiums or townhouses or to apply for a building permit as applicable.

(w)

Townhouse criteria.

(1)

The narrowest width of a single dwelling unit shall be 16 feet.

(2)

No more than ten dwelling units shall exist in a single building, where such buildings are allowed.

(3)

Each townhouse unit shall have frontage on a street and be served by public water and public sewer.

(4)

With overall density regulated by the zone district criteria, a minimum lot size per dwelling unit does not exist. Interior dwelling units are exempt from side yard setbacks.

(5)

If common areas are provided for in a development, the developer or a homeowner's association created by the developer by recorded covenants and restrictions running with the land, shall preserve and maintain the lands set aside for open space, parks, recreation, or common off-street parking spaces.

(6)

A complete site plan shall be required to consider any rezoning concerning condominiums or townhouses or to apply for a building permit as applicable.

(x)

Limited commercial. In a C-1 district, office uses shall meet the following requirements:

(1)

Such uses may occupy an existing residential dwelling type, which is converted to the commercial use.

New construction of an office use shall be limited to 30 feet in height.

(y)

Solar energy systems.

(1)

Roof-mounted. A building-mounted solar energy system shall be subject to the following:

a.

In residential zoning districts, a solar energy system shall be placed on the front slope of a pitched roof of the principal structure.

b.

No part of a solar energy system, when roof mounted, shall extend above the principal ridgeline of the structure upon which it is affixed.

(2)

Ground-mounted.

a.

No ground-mounted solar energy system shall be located in a front or side yard.

b.

No ground solar energy system shall extend above a height of 12 feet.

(3)

Maximum area coverage. For ground-mounted solar energy system located in residential districts, the area of the solar system shall not be more than 25 percent of the footprint of the principal building to which it is accessory. For nonresidential properties, the solar energy system shall not exceed 50 percent of the footprint of the principal building to which it is accessory.

(4)

Solar energy facility or farm. Solar energy facilities or farms shall be considered for placement in an M-1 zoned district. Such uses shall be considered as a conditional use and subject to the provisions of the conditional use approval guidelines.

(5)

Setbacks. A solar energy facility and its appurtenant components and structures shall be set back a minimum of 50 feet from all property lines and at least 100 feet from any residence located within a residential district.

(6)

Screening. A screening system shall be presented and approved during the conditional use review.

(7)

Glare and lighting. In order to prevent a glare that may constitute a nuisance, solar energy system components shall be designed with anti-reflective coatings. If lighting is required, it shall be shielded so as to not spill onto adjacent property or roadways.

(z)

Hotel or motel. Hotel or motel use is also subject to the following requirements:

(1)

Compliance with the same licensing, inspection and taxation requirements as all other hotels or motels.

(2)

A complete site plan shall be required to consider any rezoning and conditional use concerning a hotel or motel or to apply for a building permit as applicable.

(3)

In the event that the site is not served by public water and sewer in the CBD zoning district, no hotel or motel shall be allowed, unless the property can meet the minimum requirements of the county health department for the installation of individual sewage disposal systems or alternate systems complying with the rules of the state department of natural resources, environmental protection division.

(4)

The facility shall have on-premises parking with a minimum of one off-street parking space for every rental room (unit) and a minimum of one off-street parking space for every two employees.

(5)

In order for a subject property to be considered for a hotel or motel within the CBD zoning district, the adjoining lots of record at a minimum on two sides of the subject property (which will also include those commercial zoned properties which would adjoin the subject property but for the width of a city street), must have commercial zoning designations. The railroad right-of-way of an intrastate or interstate carrier for the purposes of this requirement of adjoining property being commercially zoned shall not be considered commercially zoned property due to lacking sufficient area to be a buildable lot.

(6)

The units (rooms) shall not be converted to condominiums, townhouses, or such other multiple residence uses, without conditional use approval by city council.

(7)

To the extent reasonably possible given the size and characteristics of the subject property for the hotel or motel, refuse (garbage containment) areas, parking, electrical generator or loading service areas, or any combination thereof, on the subject property shall be located away from residential districts and/or screened, or both, to protect other properties in the vicinity from noise, light, glare or odors, or any combination thereof.

(8)

To the extent reasonably possible, the facility shall be designed so that its architectural characteristics are consistent with those of the area and of adjacent properties.

(aa)

Accommodation Lodging. For additional requirements, see Chapter 10, Article V.

(bb)

Farmer's Market. Permanent sanitary facilities are permitted by applicable authority, no overnight camping on the property is allowed, and such use shall be located on a major or minor collector street only.

(cc)

Farming, Horticulture for Commercial use. No structure used in such processing shall be located closer than 50 feet to any property line.

(dd)

Livestock Raising/Keeping for Personal Use and Riding Stables and Academies. All structures used for housing or feeding livestock shall be at least 100 feet from any property line and the minimum site acreage is 5.0 acres.

(ee)

Livestock Sales or Auction Facilities. No structure for feeding or housing animals shall be located closer than 100 feet to any property line and adequate off-street parking shall be provided for livestock trailers.

(ff)

Dwelling, Single-Family Detached and Duplex. In the CBD district, shall meet the minimum lot and yard requirements of R-3 zone district when occupying individual lot; Article XIII buffer requirements are waived.

(gg)

Shooting Range, Indoor. Must comply with safety requirements of recognized shooting sports associations and not be audible to the exterior.

(hh)

Use with Fuel Pumps. All fuel pumps shall be at least 15 feet from the street right-of-way. In the case of a pump island canopy, the outside edge of such canopy, whether attached or detached, may extend to within five feet of any property line if the canopy is at least 14.5 feet high, measured from the adjacent grade to the lowest elevation on the canopy.

(ii)

Dry Cleaning and Laundry Services. Shall be designed to operate in a manner that will not emit smoke, odor, or objectionable waste materials and which will not project noise that will carry beyond the walls of the building enclosure.

(jj)

Massage Therapy and Day Spas. Establishments shall be licensed by the Georgia Board of Massage Therapy.

(kk)

Motor Vehicle (automobile and light truck) repair and paint shops. Shall be designed in such a manner that will not emit smoke, odor, or dust and which will not produce noise that will carry beyond the walls of the building enclosure, and such use shall not be adjacent to or directly across a street from a residential zone district.

(ll)

Construction Contracting-Heavy. All materials and equipment shall be stored within a building or fenced enclosure providing visual screening.

(mm)

Feed Mill, Seed Mill Production & Packing. Any structure for such processing shall be located no closer than 100 feet to any property line.

(nn)

Manufacturing, Wholesale and Distribution Establishments. Any manufacturing operations that will generate liquid wastes, air pollutants, or excessive noise from the manufacturing process will comply with anti-pollution standards established by the State/Federal authorities.

(oo)

Trades, Special. All materials and equipment shall be stored within a building or fenced enclosure providing a visual screen.

(pp)

Trade Shops and Heavy Repair. Activities shall be conducted in a building or fenced area providing visual screening.

(qq)

Produce Stands. Shall meet the front setback requirements of the district and provide a minimum of four parking spaces off the road right-of-way.

(rr)

Churches. Thrift stores are prohibited as an accessory use.

(ss)

Restaurants. In the CBD district where the use is adjacent to an R-1 or R-2 zoned property, a minimum buffer of 75 feet must be maintained.

(tt)

Self-Service Storage Facility. In the CBD district, the use shall only be located in the basement of the building.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)