The following uses are permitted in all residential districts:

(1)

Single-family residences, except manufactured homes and modular homes.

(2)

Customary accessory buildings and uses, so that the combined total of all accessory structures does not exceed the size of the principal building, including:

a.

Private detached parking garages, storage buildings, and workshops.

1.

For lots less than 1.5 acres, a maximum of two per lot. Each can have a maximum size of 500 square feet or two percent of the total size of the lot, whichever is greater. The total size of the two units combined can be no greater than 750 square feet or three percent of the total size of the lot, whichever is greater.

2.

For lots less than three acres and greater than 1.5 acres, a maximum of three per lot. Each building can have a maximum size of 500 square feet or two percent of the total size of the lot, whichever is greater. The total size of the three units combined can be no greater than three percent of the total size of the lot.

3.

For lots greater than three acres, a maximum of four per lot. Each can have a maximum size of 500 square feet or two percent of the total size of the lot, whichever is greater. The total size of the four units combined can be no greater than three percent of the total size of the lot.

b.

Private swimming pool and an associated bath house and pump house.

c.

The storage of a total of not more than two of the following in side or rear yards only:

1.

Pleasure boats;

2.

Unoccupied camper trailers;

3.

Recreational vehicles;

4.

Or other auxiliary vehicles, towed vehicles or trailers of similar size and potential to obstruct views or be detrimental to the environment.

d.

Fences and walls in side and rear yards. Ornamental fences in front yards with maximum height of 3.5 feet are permitted, provided said fences are constructed in compliance with the design standards for the city and do not interfere with sight line requirements at street intersections.

e.

Guest house, a maximum of one per lot, provided that the principal building is occupied by an owner. On lots of less than 50,000 square feet, the maximum size of said guest house shall not exceed 500 square feet; on lots above 50,000 square feet, the maximum size of the guest house shall not exceed two percent of the total square footage of the lot.

(3)

Customary home occupations.

(4)

Church, or place of worship, provided that:

a.

They are located on a major or collector street;

b.

The buildings are not less than 50 feet from any property line;

c.

A buffer strip of at least ten feet wide and planted with evergreen trees and shrubs that provide an effective visual screen is provided along side and rear property lines which abut residential property;

d.

The facility will have adequate traffic flow circulation so as not to cause major disruption of the neighborhood; and

e.

The facility will have adequate public parking space, buffered from adjacent residential structures, so as not to adversely affect surrounding residences.

(5)

Public and semipublic playgrounds, parks, lakes, and buildings, operated on a nonprofit basis for recreational and public community purposes only.

(6)

Public and private golf clubs and golf courses.

(7)

Agriculture and horticulture including private use greenhouses, except the keeping or raising of livestock or poultry, provided that no noises or odors are produced which are objectionable at the property line.

(8)

Public and private schools offering general education courses, provided that:

a.

The buildings are not less than 50 feet from any property line;

b.

A buffer strip at least ten feet wide is provided along the side and rear property lines, planted with evergreen trees and shrubs that provide an effective visual screen;

c.

The facility will have adequate traffic flow circulation so as not to cause major disruption of the neighborhood, and the facility will have adequate public parking space, buffered from adjacent residential structures, so as not to adversely affect surrounding residences.

(9)

Utility structures such as electric transformer stations, gas regulator stations, water and wastewater pumping stations, water tanks, and stormwater retention facilities, provided such facilities comply with the following requirements:

a.

Any building or structure, except a surrounding fence, shall be set back at least 15 feet from any property line.

b.

The facility shall be completely surrounded by a woven wire fence at least eight feet high.

c.

The facility shall be furnished with a planted buffer not less than ten feet wide to create an effective visual screen on all sides bordering residential property.

d.

The facility may not be used for office space, storage space, or for the storage of vehicles or equipment.

(10)

Subdivision identification signs located at the principal entrance to a subdivision, in compliance with chapter 116 of this land development code.

(Ord. of 8-18-2014, § 99.5.010; Ord. No. 2024B-11-12, § I, 12-16-2024)

The ER Estate Residential District is intended for low density residential purposes where agricultural type conditional uses would be expected. The regulations for this district are designed to encourage one-family dwellings situated on lots having an area of three acres (130,680 square foot minimum lot size) or more with provisions for limited agricultural activities. In the ER district the following uses are permitted:

(1)

Single-family residential, except manufactured homes and modular homes, with a minimum lot size of three acres and yard, setback, dwelling size and height requirements specified in article III of this chapter. A guest house facility as defined in this land development code is an allowable use in conjunction with the single-family residence.

(2)

All uses permitted in section 110-31 for all residential districts.

(3)

Noncommercial horticultural or agricultural uses, including:

a.

Field crops.

b.

Livestock and riding stables, provided that:

1.

No poultry or livestock shall be maintained within 50 feet of the property line of any adjoining residential zoning lot, excluding lots that are zoned ER Estate Residential;

2.

No building used for the housing of livestock or poultry shall be constructed within 200 feet of a residential structure located on an adjacent lot;

3.

At least one acre of fenced area shall be provided for each animal, not including household pets, to be maintained on the zoning lot.

c.

Orchards and forests.

(Ord. of 8-18-2014, § 99.5.020)

The R-40 Residential District includes existing low density single-family residential areas and vacant or open areas where single-family residential development appears likely to occur. The regulations for this district are designed to encourage low density, one-family residential development. In the R-40 Residential District, the following uses are permitted:

(1)

Single-family residences with a minimum lot size of 40,000 square feet and yard, setback, dwelling size and height requirements as specified in article III of this chapter.

(2)

All uses permitted under section 110-31 for all residential districts.

(Ord. of 8-18-2014, § 99.5.030)

The R-20 Residential District includes existing low density single-family residential areas and vacant or open areas where single-family residential development appears likely to occur. The regulations for this district are designed to encourage low density, one-family residential development. In the R-20 Residential District, the following uses are permitted:

(1)

Single-family residences with a minimum lot size of 20,000 square feet and yard, setback, dwelling size and height requirements as specified in article III of this chapter.

(2)

All uses permitted under section 110-31 for all residential districts.

(Ord. of 8-18-2014, § 99.5.040)

The R-15 Residential District includes existing low density single-family residential areas and vacant or open areas where single-family residential development appears likely to occur. The regulations for this district are designed to encourage low density, one-family residential development. In the R-15 Residential District, the following uses are permitted:

(1)

Single-family residences with a minimum lot size of 15,000 square feet and yard, setback, dwelling size and height requirements as specified in article III of this chapter.

(2)

All uses permitted under section 110-31 for all residential districts.

(Ord. of 8-18-2014, § 99.5.050(1))

The R-12 Residential District includes existing low density single-family residential areas and vacant or open areas where single-family residential development appears likely to occur on smaller parcels. The regulations for this district are designed to encourage low density, one-family residential development. In the R-12 Residential District, the following uses are permitted:

(1)

Single-family residences with a minimum lot size of 12,000 square feet, and yard, setback, dwelling size, and height requirements as specified in article III of this chapter.

(2)

All uses permitted under section 110-31 for all residential districts.

(Ord. of 8-18-2014, § 99.5.050(2))

The R-1 Residential District includes areas of low density residential development. The regulations for this district are designed to take advantage of the greater economy and convenience afforded by more intensive development but still retain some of the open aspects of a detached dwelling unit district. In the R-1 Residential District, the following uses are permitted:

(1)

Any use permitted in the R-12 district.

(2)

Duplexes and townhouses with lot size, yard, setback, dwelling size, and height requirements as specified in article III of this chapter.

(3)

The following regulations apply for townhouse developments which are not a part of a planned unit development (PUD):

a.

Minimum tract size: 1.5 acres.

b.

Minimum lot area: 1,600 square feet.

c.

Minimum lot width: 20 feet for interior townhouse living units, and for corner lots the minimum shall be 40 feet for townhouse living units.

d.

Minimum dwelling unit size: 850 square feet for one bedroom unit; 1,050 square feet for two bedroom, two bath unit; 1,200 square feet for three bedroom, 2½ bath units.

e.

Minimum front yard depth: 30 feet except that where the building fronts on a dedicated street and/or is adjacent to other residential property, the front yard requirement shall be increased to match existing setbacks of adjacent zone.

f.

Minimum side yard depth: None for townhouses, except that on corner lots the minimum side yard of the corner side shall be 20 feet. However, in no case shall a townhouse be built closer than the appropriate zoning setback to the lot line of adjacent lots which are zoned residential.

g.

Minimum rear yard depth: 20 feet for townhouses.

h.

Maximum height: 35 feet.

i.

A maximum of eight living units shall be allowed in each townhouse. When an end unit of a townhouse does not side on a street, an open space or court of at least 20 feet in width shall be provided between it and the adjacent row of townhouses and this open space shall be divided between the two immediately adjacent townhouse lots as to property of lot lines.

j.

Where townhouse lots and dwelling units are designed to face upon an open or common access court rather than upon a street, this open court shall be a minimum of 40 feet in width and said court shall not include vehicular drives or parking areas.

k.

Interior living units within a townhouse shall be built to side lot lines, but shall not have openings facing the side lot lines. Exterior or end living units may contain openings on the outside wall.

l.

A minimum of three living units shall constitute a townhouse.

m.

A minimum of two off-street parking spaces per living unit is required.

n.

All living units will be staggered or offset from adjacent units a minimum of two feet.

o.

Privacy fences in rear and side yards shall not prevent the free movement of personnel and equipment to interior living units for building maintenance, emergencies, sanitation collection and utility service.

(4)

Existing cemeteries.

(Ord. of 8-18-2014, § 99.5.060)

The R-2 Residential District includes areas of medium density residential development. The regulations for this district are designed to provide an area where individuals and families may establish homes in a medium density residential environment which satisfies their need for convenience and economy. In the R-2 Residential District, the following uses are permitted:

(1)

Any use permitted in the R-1 district.

(2)

Multi-family dwelling units with a maximum height of five floors, and with lot size, yard, setback, dwelling size and height requirements as specified in article III of this chapter.

(3)

Nursing and convalescent homes.

(4)

Motels provided that:

a.

They are located on a major street;

b.

Buildings are located not less than 50 feet from any property line;

c.

A buffer strip at least ten feet wide is provided along the side and rear property lines, planted with evergreen trees and shrubs that provide an effective visual screen.

(5)

Boardinghouses.

(6)

Dormitories, fraternal organizations and clubs that provide housing, provided that:

a.

They are located on a major or collector street;

b.

Buildings are located not less than 50 feet from any property line;

c.

A buffer strip at least ten feet wide is provided along the side and rear property lines, planted with evergreen trees and shrubs that provide an effective visual screen.

(7)

Modular homes.

(8)

Licensed group homes, orphanages, and institutional houses for the handicapped.

(9)

Retirement homes and personal care houses.

(10)

Townhouses.

(Ord. of 8-18-2014, § 99.5.070)

The R-3 Residential District includes areas where higher density residential development appears likely to occur. The regulations for this district are designed to provide areas for apartment complexes and other high density residential development. In the R-3 Residential District, the following uses are permitted:

(1)

Any use permitted in the R-2 district.

(2)

High rise apartments. All high rise apartment developments (regardless of number of units) shall comply with the following requirements and provisions:

a.

No such housing building shall exceed a maximum height of 50 feet.

b.

Any building of more than six floors in height shall be permitted a maximum of 20 dwelling units per acre.

c.

The buildings shall not occupy more than 35 percent of the land area of the project.

d.

The property line yard clearance shall not be less than the height of the tallest building in the project.

e.

The development shall include and provide for landscaped recreation and open space exclusively for the tenants of the development.

f.

Unless otherwise provided herein, these requirements are in excess and cumulative of all other requirements for the particular zone in which the project is to be located.

(Ord. of 8-18-2014, § 99.5.080)

The R-MH Residential District includes areas where manufactured home parks and manufactured home subdivisions are appropriate. In the R-MH Residential District, the following uses are permitted:

(1)

Any use permitted in section 110-31.

(2)

Manufactured homes and modular homes, provided they are located in an approved manufactured home park or manufactured home subdivision. Within 60 days of the siting of a manufactured home on its lot, the undercarriage of the manufactured home shall be concealed from view through the use of permanent, non-inflammable construction materials.

(3)

Convenience food store with a maximum of 1,500 square feet including storage, as an accessory to the manufactured home park or subdivision.

(4)

Manufactured home parks and subdivisions, provided that each such park or subdivision is at least ten acres in size and provided further that every manufactured home park space has an area of not less than 6,050 square feet and every manufactured home subdivision lot has an area of not less than 8,000 square feet, and a width at the pad of at least 44 feet. In addition, the following minimum requirements shall be met:

a.

Each manufactured home lot or space shall be directly accessible from an approved internal paved park driveway not less than 24 feet in width. No direct access to manufactured home lots or spaces from public streets shall be permitted. No manufactured home structure shall be located within 15 feet of any street or drive within the manufactured home park or subdivision.

b.

Manufactured homes shall be separated from each other by not less than 20 feet end to end and 25 feet side to side. No portion of any manufactured home shall be within 50 feet of the park or subdivision boundary.

c.

Each manufactured home lot shall include a paved concrete or all-weather patio area having a minimum area of 300 square feet.

d.

Each manufactured home lot shall have at least two paved off-street parking spaces (400 square feet total minimum).

e.

Each manufactured home park or subdivision shall include an area for the storage of boats, travel trailers and/or other vehicles.

f.

All utilities shall be installed underground.

g.

Streets, pedestrian walkways and parking areas shall be adequately lighted.

h.

Within the development, there shall be 550 square feet of the land per living unit improved, landscaped and dedicated as common areas for parks and recreation for the use of residents of the development. These common areas shall be landscaped by the developer and maintained by the owner or by an association composed of property owners within the subdivision. Streets, parking areas, required yards and required buffer zones shall not be counted as part of the minimum common area. Recreational facilities may include swimming pool, tennis court, playground equipment, or athletic fields. The amount and type of recreational facilities is to be reasonably based upon the expected population need as may be estimated by the number of bedrooms to be contained in the development.

(5)

Launderette for use of the manufactured home park or manufactured home subdivision only.

(6)

Offices and/or maintenance and storage buildings, incidental to use by residents of the manufactured home park or manufactured home subdivision only.

(7)

R.V. parks for the short-term/temporary rental or lease of lots for transient campers, trailers, motor homes or recreational vehicles.

(Ord. of 8-18-2014, § 99.5.090)

The LCR Limited Commercial and Residential District includes specific commercial, office, and low density residential uses. These areas shall provide for permitted, but limited, commercial activities, provide for related services to business and professional offices, and provide for the protection of adjacent residential areas by maintaining compatible architectural styles.

(1)

In the LCR district, the following specified uses are permitted:

a.

Any use permitted in the R-12 district.

b.

Bookstores.

c.

Stationery, card, and gift shops.

d.

Jewelry shops.

e.

Camera shops.

f.

Flower shops.

g.

Arts and crafts shops.

h.

Wearing apparel shops.

i.

Specialty service restaurants.

j.

Other retail uses having a similar character to those uses listed in subsections (1)a through h of this section, as determined by the city manager or his designee.

k.

Offices providing professional services.

l.

Public and private educational institutions offering education courses.

m.

Offices serving as support functions for business operations.

n.

Churches and places of worship.

o.

Residential bed and breakfast facilities conforming to the following requirements:

1.

There shall be no more than four bedrooms per dwelling unit used for the bed and breakfast operation.

2.

Maximum number of paying guests per day is eight.

3.

All bed and breakfast operations shall be subject to the hotel/motel tax of the city.

4.

The residential bed and breakfast shall conform to all codes and regulations of the city, Carroll and/or Haralson County, where applicable, and the state.

5.

The resident owner shall keep a current guest register including names, addresses and dates of occupancy of all guests.

6.

Only one freestanding non-illuminated sign (six square feet maximum) may be erected on the property.

7.

At least one off-street parking space must be provided on the property for the owner and each guest room. On-street parking is permitted only where otherwise permitted or authorized by city ordinance.

8.

It shall be unlawful for any person to operate a bed and breakfast establishment without having first obtained a license from the city, the cost of which shall be set by the mayor and city council for the whole or any part of one year.

(i)

Applications for residential bed and breakfast shall be notarized and include the location and owner of the property, a site plan of the lot showing the proposed location of the residential bed and breakfast use and the location of the required off-street parking space, and a photograph of the current principal view of the structure where the proposed bed and breakfast use is to be located. The application shall also include a statement which the resident-owner must sign acknowledging that he has reviewed and understands the requirements of this section.

(ii)

Upon a change in ownership of a property and prior to issuance of a new business license to allow continuation of an existing permitted residential bed and breakfast use upon said property, the new property owner shall be required to certify re-compliance of the residential bed and breakfast use with the city manager by having an application for the recertification of the bed and breakfast use notarized, filed with, and approved by the city manager.

p.

Event facilities.

(2)

In the LCR district additional building/structure requirements shall be imposed as follows:

a.

There shall be a 15-foot side planted buffer setback from the property line of any commercial use building that abuts against a single-family or multi-family residential zoning district.

b.

Accessory buildings will be allowed in accordance with section 110-31. No uncovered outside storage, such as equipment, boxes, inventory, etc., shall be located on the property for a commercial use.

c.

Off-street parking shall be provided and shall only be located to the side or rear of the principal use/building.

(Ord. of 8-18-2014, § 99.5.100)

The O-I Office-Institutional District is established to provide a location for educational and other types of institutions, offices, and related retail and service facilities. In the O-I Office-Institutional District, the following uses are permitted:

(1)

Any non-residential use permitted in the LCR district; all residential structures in the O-1 district, in existence on the date of adoption of the ordinance codified in this section, shall be considered permitted as a nonconforming use. Said structures may be bought and sold, repaired, renovated and mortgaged as residential structures, but may not be enlarged without approval of the planning and zoning board with a variance granted.

(2)

Banks and other financial institutions.

(3)

Churches.

(4)

Lodges, clubs, fraternal and social organizations.

(5)

Radio and television studio, provided that antennas are at least 200 feet from the nearest residential property line.

(6)

Service facilities including photo processing, quick copy, mail and messenger service, travel agency, taxidermist, and upholstery shops.

(7)

Music and dance schools and studios.

(8)

Interior decorators.

(9)

Barber shops and beauty shops.

(10)

Locksmith or gunsmith, provided no firing range is included.

(11)

Health spa, physical fitness and martial arts training facilities.

(12)

Dormitories, fraternal organizations, and clubs that provide housing facilities, provided that the facilities are located within an established campus complex.

(13)

Parking lots and parking garages.

(14)

Research and testing facilities.

(15)

Public buildings and facilities.

(16)

Mortuaries.

(17)

Retail and service facilities located within an office or institutional building and catering to employees, visitors, students, and clients of offices and institutions located within the district.

(18)

Nursery schools, kindergartens and day care facilities with less than seven persons, provided that:

a.

At least 200 square feet of outdoor play area per child is provided on the lot, for all children that will be using the play area at a given time but in no case less than one-half the license maximum allowable enrollment;

b.

The play area is enclosed by a woven wire fence at least four feet high.

(19)

Day care facilities.

(20)

Nursing and convalescent homes.

(21)

Hospitals; and medical and dental clinics.

(22)

Other service facilities that primarily cater to employees, visitors, and patients of the hospital located within the district.

(Ord. of 8-18-2014, § 99.5.110)

The C-1 Central Business District is intended for those commercial uses which require a central location and provide goods and services that are used by the entire community and surrounding area.

(1)

In the C-1 Central Business District, the following uses are permitted:

a.

Residential land uses as permitted in the O-I classification.

b.

Retail businesses and pharmacies.

c.

Banks and other financial institutions.

d.

Offices and professional services.

e.

Restaurants, cafes, bakery shops, retail food providers, except for establishments with drive-through windows.

f.

Motels and hotels.

g.

Public buildings and land uses.

h.

Mortuaries, without crematories.

i.

Radio and television facilities.

j.

Theaters and other places of entertainment and amusement enclosed in a building.

k.

Parking lots and garages.

l.

Transportation terminals for passengers.

m.

Utility stations, if essential for provision of service to the zoning district, provided that:

1.

Structures are enclosed by a woven wire fence at least eight feet high;

2.

No vehicles or equipment are stored on the premises.

n.

Lodges, fraternal and social organizations.

o.

Institutions of religious worship.

p.

Nursery schools, kindergartens, and day care facilities as defined and permitted in the O-I Office-Institutional District.

q.

Residential dwellings, provided that:

1.

The units are located within an existing structure or are located no lower than the second floor of any new structures;

2.

The dwelling unit shall have a minimum of 600 square feet of interior floor space;

r.

Art galleries, craft shops, florists, and specialty shops.

s.

Service facilities including photo processing, quick copy, mail and messenger service, travel agencies, laundry and dry cleaning facilities.

t.

Music and dance schools and studios.

u.

Interior decorators.

v.

Barber shops and beauty shops.

w.

Locksmith or gunsmith, provided no firing range is included.

x.

Health spa, physical fitness and martial arts training facilities.

y.

Medical offices and health clinics.

(2)

Central Business District setbacks from right-of-way. In the Central Business District, with the exception of properties abutting state department of transportation right-of-way, zero setbacks from the right-of-way shall be allowed.

(Ord. of 8-18-2014, § 99.5.120)

The C-2 Neighborhood and Highway Service Business District is established to provide locations for retail trade establishments which furnish convenience goods for surrounding residential areas and for business activities which primarily cater to the traveling public. In the C-2 Neighborhood and Highway Service Business District, the following uses are permitted:

(1)

All uses permitted in the C-1 district.

(2)

Sales and/or service facilities for new and used automobiles, trucks, manufactured homes, boats, heavy construction and agricultural machinery, and service equipment, provided that they are located on a major street.

(3)

Drive-in theaters, provided that the screen does not face on a street.

(4)

Retail businesses and service stores, including convenience stores and gasoline and diesel fuel sales.

(5)

Nurseries providing lawn and garden supplies and plants, including retail sales.

(6)

Newspaper and printing facilities.

(7)

Restaurants, including fast-food, drive-in, and cafeteria establishments, provided said restaurants obtain and maintain all required state and county permits and license to operate a food service establishment.

(8)

Temporary storage uses, permitted by the city manager, not to exceed 30 days in duration within a six-month period and with at least 90 days between periods of use.

(9)

Temporary sales/services, permitted by the city manager, not to exceed ten days in duration within a six-month period and with at least 90 days between use periods.

(10)

Automobile, truck, trailer, and equipment rental outlets.

(11)

Veterinary offices, provided that overnight kenneling of animals will only be permitted in conjunction with veterinary services. All overnight kenneling must occur on the interior of the building.

(12)

Mini warehouses.

(13)

Adult entertainment establishments, subject, however, to the requirements set forth in this Code of Ordinances.

(14)

Recreational vehicle/travel trailer campgrounds, provided that the campground shall be developed in accordance with the provisions of this Code of Ordinances.

(15)

Motor vehicle repair facilities, provided that no repairs will be outside of the licensed/permitted building. No long-term storage of inoperable or wrecked vehicles will be allowed outside. For purposes of this provision, the phrase "long-term storage" shall be defined as a period of time in excess of 180 days.

(Ord. of 8-18-2014, § 99.5.130)

The M-1 Light Industry District is established to provide a location for those industrial operations which demonstrate characteristics that are not normally objectionable as a result of pollution by light, noise, smell, air, environmental, or any other source. In the M-1 Light Industry District, the following uses are permitted:

(1)

Any non-residential use permitted in the C-2 district.

(2)

Building material yards including milling operations.

(3)

Utility stations including buildings and grounds for storage of vehicles, equipment, and materials.

(4)

Transportation terminals for freight.

(5)

Wholesaling, commercial warehousing, and commercial storage facilities.

(6)

Veterinary offices, hospitals, and laboratories.

(7)

Dog kennels.

(8)

Cabinet shops and furniture manufacturing.

(9)

Motor vehicle repair facilities, garages, body shops and paint shops.

(10)

Machine shops and related activities.

(11)

Bakeries.

(12)

Construction contractors.

(13)

Crematories.

(14)

Businesses and industries, similar to those listed in this section, provided that any business or industry characterized by noise, vibration, smoke, gas, fumes, odor, dust, fire hazard, or other objectionable features shall be required to show that these features will be controlled so that the location, construction, and operation of the business or industry will not injure present or prospective industrial development in the district. Noxious odors and emissions shall be limited to the fullest extent reasonably possible and shall, under no circumstances, exceed state and federal guidelines and regulations.

(15)

Adult entertainment establishments, subject to restrictions on location set forth in the Code and the land development code.

(Ord. of 8-18-2014, § 99.5.150)

The M-2 Heavy Industry District is established to provide locations for those industrial operations and facilities which are not nuisances and are not injurious to the health, safety, and general welfare of the public. In the M-2 Heavy Industry District, the following uses are permitted:

(1)

Any non-residential use permitted in the M-1 district. Residential uses are not permitted within the M-2 district.

(2)

Meat and poultry slaughter, processing and packaging.

(3)

Mines, quarries, and sand and gravel pits.

(4)

Above-ground storage of liquid petroleum products or chemicals of a flammable or noxious nature when 150,000 gallons are stored on one lot or when more than 25,000 gallons are stored in any one tank.

(5)

Ready-mix concrete plants and precast concrete manufacturing and sales.

(6)

Asphalt plants.

(7)

Saw mills and other milling operations.

(8)

Junk yards and salvage yard, provided that they are completely surrounded by a solid fence which is at least eight feet high and provides an effective visual barrier.

(9)

Sanitary landfills, but only where specifically authorized in accordance with section 100-20 as a conditional development based upon detailed development plans, approved by the mayor and city council and in compliance with current state and federal regulations.

(10)

All other industrial uses in compliance with state and federal regulations provided that no nuisance or danger to the public health, safety or general welfare is created.

(Ord. of 8-18-2014, § 99.5.160)

(a)

The FH Flood Hazard District includes land that is subject to periodic flooding. A floodplain district is established which shall correspond to all lands within the city that are mapped as floodplain or flood-prone lands as indicated on maps that have been prepared by the Federal Emergency Management Agency and/or the soil survey of Haralson County and/or Carroll County prepared by the USDA Soil Conservation Service. This district shall be an overlay district.

(b)

The intent of the regulations within this section is to limit the use of land contained within a floodplain. Notwithstanding the uses permitted for any applicable zoning district which apply to the property, no building or structure or land shall hereafter be used or occupied other than in this section provided, and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or altered except in conformity with the requirements of this regulation when such lands fall within or are affected by a floodplain. No structures or obstruction to stormwater flow shall be erected or installed below the maximum flood elevation of the 100-year recurrence interval storm unless a plan is approved to compensate for the loss of flow area and flood storage. Land adjacent to flood hazard districts may be subject to periodic flooding even though it lies above the established minimum flood elevation. It shall remain the responsibility of the developer to adequately investigate the possibility of local flooding above the established minimum levels and to guard against damages which might be associated with such flooding. The planning commission may, when it deems it advisable, require proof to its satisfaction that no structures or obstructions will be erected or installed below the established minimum flood elevations.

(1)

Uses permitted in the floodplain. To the extent that the listed uses do not conflict with state and federal requirements or portions of the city's flood prevention regulations set out in the land development code, within a floodplain, the following uses may be permitted subject to the requirements of the development regulations:

a.

Agriculture, including forestry and livestock raising, requiring no structure within the floodway except structures for temporary shelter and including agriculture and forestry access roads.

b.

Dams, provided they are designed and constructed in accordance with specifications of the State Safe Dam Act, latest revision, and the development regulations.

c.

Public parks and recreation areas and facilities requiring no structures within the floodplain, except structures for temporary shelter, including, but not limited to, boat ramps, docks, parking areas and recreation facilities; private and commercial recreation developments and campgrounds.

d.

Bridges, culverts and the roadway fill related to these structures, so long as said structure as constructed does not divert flow of waters onto adjacent properties unless proper permits and/or flowage easements have been obtained.

e.

Parking areas. All required parking areas shall be located at an elevation higher than the calculated five-year storm, and shall not be located within any floodway.

f.

Outdoor storage.

g.

Fences having sufficient open area to permit the free flow of water and debris.

h.

Public utility poles, towers, pipelines, sewer and other similar public and semipublic utilities and facilities.

i.

Signs and sign structures, provided they permit the free flow of water and debris.

(2)

Lot area restrictions. All concept plans, site plans, preliminary plats, and final subdivision plats with all or portions of the land area contained within the floodplain, or contiguous to the floodplain, shall comply with the following requirements, as applicable:

a.

In all residential zoning districts, up to 50 percent of the area located at or below the base flood elevation may be used in computations for meeting the density requirements in accordance with the provisions of this chapter.

b.

No subdivision lot shall be approved which has less than 50 percent of the minimum lot area required by the applicable zoning district located above the base flood elevation.

c.

Each plat or site plan submitted for rezoning, special use permit, or variance application shall contain a readily identifiable line indicating the limits of the base flood elevation if any portion of the property lies within the floodplain. This line shall be clearly labeled and the base flood elevation above mean sea level stated. The plat or site plan shall indicate where the base flood elevation has been established by the Federal Emergency Management Agency or where the base flood elevation has been calculated by a registered professional engineer using the best available information.

(Ord. of 8-18-2014, § 99.5.170)