The conditions in this article apply to all applicable uses when authorized in any zoning district unless the conditions are specifically modified through a planned development approval.

(Ord. No. 06-2020, § 3, 12-8-2020)

The conversion of any structure into a dwelling, or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families, shall be permitted only within a zoning district in which a new structure of similar occupancy would be permitted under this UDO, and only when the resulting occupancy will comply with the requirements governing new construction in such zoning district, including, but not limited to, minimum living area, minimum lot size, lot area per dwelling unit, percentage of lot coverage, dimensions of yards and other open spaces, and off-road parking.

(Ord. No. 06-2020, § 3, 12-8-2020)

Unless otherwise authorized in this UDO or the building code, no trailer, mobile home, manufactured home, modular home or any structure being moved shall be parked or stored on a lot for more than 48 hours.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

Except within an A-5 or a RR district, as provided by article V, no accessory building shall be constructed or used upon a lot until construction of the principal building has commenced. Additionally, the following shall apply to all accessory buildings not otherwise permitted per article V:

(1)

No accessory building shall be occupied until the principal building is legally occupied.

(2)

No accessory use shall be established until the principal use is legally established and operating.

(3)

If the principal use is terminated, all uses accessory to that use shall be terminated.

(4)

If the principal building is destroyed or damaged to the point that it may not be used, the owner may apply for a temporary use permit to allow continued use of accessory buildings and structures while the principal structure is repaired, but in no case shall the permit be granted for more than two years.

(b)

No accessory building shall be in a front yard except that in an A-5, RR-2.5 RR-1.5, or RR-1 district, when the principal structure is set back at least 50 feet from the front road line, a detached garage may be constructed in the front yard under the following conditions:

(1)

The detached garage does not encroach into any required setback or easement;

(2)

The garage doors do not face the road on which the lot fronts; and

(3)

The garage is constructed of the same materials and is designed to appear to be part of or integrated with the principal structure.

(c)

With the exception of a farm building or structure used for agricultural purposes in the A-5, RR-2.5, or RR- 1.5 district, no accessory building may exceed the height of the principle building or exceed 50 percent of the principal building's floor area.

(d)

In any R or PD district, accessory buildings other than detached garages or authorized guest houses, shall not exceed 15 feet in height or 35 percent of the primary structure floor area or 200 square feet, whichever is greater, in floor area. Said structures shall be in a side or rear yard and must meet side and rear setbacks. Detached garages and authorized guest houses shall comply with district setback and height limitations for principal structures.

(e)

Excluding farm buildings and structures used for bona fide agricultural purposes, no more than two accessory buildings may be established in any RR 1.5, RR-1, or R district.

(f)

No outdoor storage of goods and materials, structures on a permanent foundation, or refuse containers for multi-family, mixed-use or non-residential development shall be located within any required setback, except for the temporary placement of refuse containers for curbside pick-up.

(g)

In an A-5 district, a landing strip for use by one single engine aircraft is allowed as an accessory use.

(Ord. No. 06-2020, § 3, 12-8-2020)

An accessory dwelling unit or guest house shall be permitted as an accessory use on any lot on which a detached single-family dwelling unit exists in accordance with the provisions of this section and all applicable codes and regulations, including, but not limited to, building and health codes:

(a)

The accessory dwelling unit or guest house must be clearly subordinate to the principal structure and must be of a design and construction allowed in the zoning district and be of a similar design and construction as the principal structure.

(b)

The minimum lot size for a lot on which an accessory dwelling unit or guest house is situated shall be no less than one acre, unless the lot is serviced by community water or community sewer, in which case the minimum lot size can be reduced to 30,000 square feet.

(c)

The accessory dwelling unit or guest house shall be limited in size to a maximum of 40 percent of the total living area of the principal dwelling. The maximum size of an accessory dwelling unit, however may not exceed 1,200 square feet.

(d)

No more than one accessory structure serving either as an accessory dwelling unit or guest house may be located on a lot.

(e)

The accessory dwelling unit or guest house must be owned by the owner of the principal structure.

(f)

The accessory dwelling unit or guest house must not be served by a driveway separate from the driveway serving the principal structure.

(g)

The accessory dwelling unit or guest house must be situated to the rear or side of the principal structure and must meet the minimum setbacks required for the principal structure.

(h)

The height of an accessory dwelling unit or guest house cannot extend higher than the principal structure as measured from grade.

(i)

The accessory dwelling unit or guest house must be served by and through the same utility lines and meters that serve the principal structure.

(j)

All accessory dwelling units or guest houses must be attached to a permanent foundation.

(k)

The accessory dwelling unit or guest house shall share the same sewage disposal and water supply systems as the principal dwelling unit.

(l)

The single-family dwelling unit must be a conforming use in the zoning district.

(Ord. No. 06-2020, § 3, 12-8-2020)

Home occupations include home offices, which are permitted by right and home service businesses and home trade businesses, which require a conditional use permit in some circumstances.

(a)

General standards. All home occupations are subject to the following standards:

(1)

The home occupation is operated by a resident of the home.

(2)

The home occupation shall be clearly incidental to the residential use of a dwelling and must not change the essential residential character of the dwelling. No internal or external alterations inconsistent with the residential use of a dwelling shall be permitted.

(3)

The home occupation shall be limited to no more than 25 percent of the gross floor area of the total dwelling.

(4)

An accessory structure shall not be used in connection with a home occupation in R-15 or PD zoning districts except as provided in (c)(1) and (d)(1) of this section.

(5)

Accessory structures may be used in connection with a home occupation within A-5, RR-2.5, RR-1.5 and RR-1 zoning districts.

(6)

No chemical, mechanical, or electrical equipment that is not normally found in residential dwellings may be used for a home occupation, except for office equipment, such as computers, facsimile machines or copiers.

(7)

No outdoor display of products shall be visible from a road.

(8)

No disturbance or offensive noise, vibration, smoke, dust, odor, heat, glare, traffic hazard, unhealthy or unsightly condition or nuisance shall be created by a home occupation.

(9)

All operations and services shall be conducted indoors.

(10)

Outside storage of goods or equipment is prohibited.

(11)

No signs other than the authorized nameplate sign pursuant to section 114-663 may identify the home occupation.

(12)

Visiting clients, where authorized below, are limited to those provided on an appointment basis and services shall not be offered to the general public on a drop-by basis.

(13)

Shipping deliveries and pick-ups (excluding U.S. Postal Service) are limited to two per day.

(14)

Home occupations shall comply with applicable Fire and Building Code standards.

(15)

If the home occupation is a permitted use within a zoning district, an application shall be submitted to the community development director for review and approval pursuant to section 114-423.

(16)

If the home occupation requires a conditional use permit, it shall be reviewed by the P&Z commission and forwarded to the board of commissioners for review and approval pursuant to article III, division 4.

(17)

On an annual basis at the time of occupational tax renewal(s), the holder of a home occupation permit shall certify to the community development director that there have been no changes in the home occupation as originally permitted.

(18)

If the scope or nature of the home occupation changes or if complaints are filed with the community development director, the community development director shall have the option of revoking the home occupation permit if the permit was issued by the Director, or the Director shall refer the revocation to the board of commissioners if the home occupation was approved pursuant to a conditional use permit.

(19)

If deemed necessary, the building official shall inspect the premises and report to the appropriate authority to ensure that applicable requirements are met prior to approval. The building official shall have the right to inspect home occupation sites on an annual basis.

(20)

All required state and federal licenses and approvals are obtained and maintained for the duration of the home occupation. If the county determines that the required State or federal license is expired, the county may revoke the home occupation approval.

(b)

Home offices. Home offices are subject to the following regulations in addition to the provisions of paragraph (a) of this section.

(1)

Home office uses do not involve retail trade, client visits, or non-resident employees, and may include:

a.

Professional offices for certified, ordained, licensed or registered professions, including, but not limited to offices for an architect, draftsman, attorney-at-law, conveyancer, financial planner, land planner, surveyor, professional engineer (civil, electrical, mechanical or other), public accountant, minister or similar professions.

b.

Studios for artists and artisans where products are not sold to the public on the premises.

c.

Telemarketing and internet-based businesses.

d.

Telephone answering and message services.

e.

Contractors office whose operations are limited to office work (i.e., no workers congregating on the site, no storage of construction equipment, and no storage of construction vehicles).

f.

Other home occupations that the community development director finds to have impacts similar to authorized home office uses.

(2)

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

(3)

No vehicles requiring a commercial license may be used in association with the home office.

(c)

Home service businesses. Home service businesses are subject to the following regulations in addition to the provisions of paragraph (a) of this section.

(1)

Home service businesses include home occupations that involve specialized equipment, businesses that primarily provide services to visiting clients, and businesses with incidental sales. A conditional use permit is required prior to approval of a home service business in an R or PD district, whether conducted in the principal residence or accessory building. Home service businesses may include:

a.

Personal or medical services offered by individuals licensed by the State, such as licensed massage therapists, physicians, osteopaths, healers, dentists, midwives, barbers and hairstylists.

b.

Individuals involved in teaching classes of up to three students at a time.

c.

Bakers and caterers with no on-site sales or service.

d.

Other home occupations that the community development director finds to have impacts similar to authorized home office uses.

(2)

In addition to the resident operator of the home service business, up to three persons may be employed in the business, provided that at least one is a resident of the site.

(3)

Retail sales shall be limited to sale of goods that are incidental to the primary service provided.

(4)

The number of vehicles parked by clients, patrons, employees or business-related visitors at the site of a home-based business shall be limited to no more than three at any given time.

(5)

The applicant for a home service business shall demonstrate how on-site parking for the maximum number of allowed clients will be provided on the site.

(d)

Home trade business. Home trade businesses are subject to the following regulations in addition to the provisions of paragraph (a) of this section.

(1)

Home-trade businesses include home occupations that involve specialized equipment and businesses that produce goods for sale to clients. A conditional use permit is required prior to approval of a home trade business in an R or PD district, whether conducted in the principal residence or accessory building. Home trade businesses may include:

a.

Individuals producing custom products for individuals, such as furniture or works of art.

b.

Growing of houseplants or flowers in a greenhouse no larger than 500 feet of floor area.

c.

Artists or artisans with galleries or display areas that do not exceed 200 square feet of floor area.

(2)

Sale of products shall be limited to products made on the premises unless otherwise approved by a conditional use permit.

(3)

In addition to the resident operator of the home trade business, up to three persons may be employed in the business, provided that at least one is a resident of the site.

(4)

The number of vehicles parked by clients, patrons, employees or business-related visitors at the site of a home-based business shall be limited to no more than three at any given time.

(5)

The applicant for a home trade business shall demonstrate how on-site parking for the maximum number of allowed clients will be provided on the site.

(e)

Unsafe home occupations.

(1)

If, in the opinion of the building official, any home occupation has become dangerous or unsafe, or presents a safety hazard to the public, pedestrians or motorists, or presents a safety hazard to adjacent or nearby properties, residents or businesses, the building official shall issue an order to the dwelling owner and/or tenant on the property on which the home occupation is being undertaken directing that the home occupation be immediately made safe or be terminated.

(2)

The property owner and/or tenant shall be responsible for taking the necessary corrective steps or measures, but in the event of a failure to do so by the owner and/or tenant, after notice and a reasonable period of time, the building official may take any action to make the home occupation and dwelling safe. Costs incurred by the building official, if forced to take enforcement actions, shall be borne by the property owner and, shall be treated as a zoning violation pursuant to this UDO.

(f)

Prohibited home occupations. Except as specifically authorized above, the following home occupations are prohibited:

(1)

Public or private clubs;

(2)

Restaurants;

(3)

Stables and kennels;

(4)

Automobile repair and paint shops;

(5)

Body piercing services;

(6)

Hotels or motels;

(7)

Palm reading and fortune telling;

(8)

Tattoo and body art or body modification studios; and

(9)

Any use that would constitute a nuisance as defined by the county's Code of Ordinances.

(Ord. No. 06-2020, § 3, 12-8-2020)

A family child care learning home, providing day care only to six or fewer non-resident children under the age of 18 that meet all applicable requirements imposed by the State of Georgia is allowed as an accessory use in the A-5, RR, R-15 and PD district subject to the following requirements:

(a)

The owner of the dwelling shall reside on the premises.

(b)

A family child care learning home shall not be located within 1,000 feet from any other family child care learning home.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

Generally. The commercial use of patios and outdoor dining areas is an accessory use to restaurant uses of all types. Commercial use of patios and outdoor dining areas is limited to service of food and beverages, and may include occasional live entertainment, as provided in this section.

(b)

Use of sidewalks. Outdoor dining areas are not allowed within public easements, rights-of-way, or required setback.

(c)

Detectable barrier. If a patio or outdoor dining area projects from a building, a detectable barrier, which may be movable, that is at least 36 inches in height shall enclose the patio or outdoor dining area. Access openings through the barrier shall be at least 44 inches wide.

(d)

Furnishings.

(1)

Umbrellas may be used to shade tables and if provided, there shall be at least seven feet of clearance.

(2)

No cooking utilities, including grills, shall be permitted in the outdoor dining area. Cooking facilities shall be contained within the principal building unless specific written authorization is granted by the county administrator for a special event.

(3)

Appropriate waste receptacles with affixed lids shall be provided.

(e)

Clear pedestrian passage. Outdoor dining areas that are located next to sidewalks or hard-surfaced trails shall leave not less than five feet of clear sidewalk for pedestrian circulation.

(f)

Relationship to abutting businesses. Outdoor dining areas and patios shall not interfere with access or visibility to abutting businesses.

(g)

Hours of operation. Commercial use of patios and outdoor dining areas is limited to the hours of:

(1)

7:00 a.m. to 11:00 p.m. if the principal use is located more than 600 feet from a residential zoning district; or

(2)

7:00 a.m. to 10:00 p.m. if the principal use is located 600 feet or less from a residential zoning district.

(3)

All distances shall be measured from the nearest property line of the principal use to the nearest zoning district boundary.

(h)

Live entertainment. Amplification shall be permitted only in conjunction with a special events permit.

(i)

Conditions of approval. The community development director may condition approval of this accessory use upon:

(1)

Limiting its extent;

(2)

Establishing a certain approved layout, including a maximum number of tables and chairs;

(3)

Establishing the range of dates during which the use may operate; and/or

(4)

Restricting the piping of music or prohibiting live entertainment.

(Ord. No. 06-2020, § 3, 12-8-2020)

The following regulations apply to all retail, wholesale, and service establishments except authorized open air businesses.

(a)

The outdoor display area shall be arranged to provide safe pedestrian and vehicular circulation and safe emergency access. Maneuvering aisles shall be kept free of all obstruction.

(b)

The sale or outdoor display of merchandise shall not be permitted within the required setback areas.

(c)

Outdoor display areas located on parking lots shall not reduce the available parking spaces to fewer than those required by section 114-618 for the principal use.

(d)

No outdoor display area or parking serving an outdoor display area shall be located within 50 feet of any RR, R or PD district boundary line or road.

(e)

The display of soil, sand, mulch, and similar loosely packaged materials shall be contained and covered to prevent it from blowing onto adjacent properties. The outdoor display of fertilizers, pesticides, and other hazardous materials, unless packaged in approved containers, is prohibited.

(f)

All outdoor display and sales areas shall be paved with a permanent, durable, and dustless surface and shall be graded and drained to dispose of all surface water.

(g)

All loading and truck maneuvering shall be accommodated on-site. Maneuvering in the public right-of-way is prohibited.

(h)

Lighting for security purposes may be required, as determined by the community development director. All lighting shall be shielded from adjacent RR, R and PD districts and uses.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

Except as permitted by this UDO in certain zoning districts, the storing of junk or parking of an inoperable motor vehicle is prohibited.

(b)

Outdoor storage shall not be permitted in any front yard.

(c)

No articles, goods, materials fixed machinery or equipment, vehicles, trash, animals or similar items shall be stored, kept in the open or exposed to view from adjacent sites, roads or sidewalks.

(d)

In B-2, C-I and P/I districts, outdoor storage areas shall be fully enclosed by a brick, masonry, wooden or solid face fence or wall not less than six feet and not more than eight feet in height. The decorative side of the fence shall face outward.

(e)

In I districts, outside storage and operations shall be screened by a combination of solid fences or walls made of wood, brick, or masonry, berms and plantings. The screen must be of such height that all outside storage is screened from public view. No sheet metal fence shall be allowed.

(f)

The community development director may permit the required screening to be comprised of plant material, upon a determination that the alternate materials will provide the same degree or better of opacity, screening and compatibility with adjoining properties as a fence or wall.

(g)

Storage abutting properties zoned for residential use shall provide a 50 foot buffer between the fence and the property line. Buffer shall meet the standards identified in section 114-630.

(Ord. No. 06-2020, § 3, 12-8-2020)

Editor's note— Ord. No. 16-2021, § 2, adopted Aug. 10, 2021, repealed § 114-712, which pertained to special events homes, and derived from Ord. No. 06-2020, § 3, adopted Dec. 8, 2021.

(a)

Major recreational equipment.

(1)

For purposes of this section, "major recreational equipment" is defined as including boats and boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, motor coaches, tent trailers, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not.

(2)

Major recreational equipment may not be stored in front of the principal structure in the RR-1 and R-15 districts. Major recreational equipment must be stored either in an enclosed structure or on the side or rear of the lot and screened from street view. For purposes of this paragraph, storing shall be defined as parking major recreational equipment for more than seven consecutive days where the equipment is in front of the principal structure.

(3)

Major recreational equipment may not be parked on public right-of-way for longer than 24 hours. Storage of boats and recreational vehicles in public rights-of-way is prohibited.

(4)

Major recreational equipment shall not be used for living, sleeping, or housekeeping purposes, except when parked in a campground, park or other facility approved for such uses.

(b)

Commercial vehicles.

(1)

Commercial highway tractors or trailers, wreckers, earth moving equipment, logging trucks or trailers, farm tractors, dump trucks or any commercial vehicle with greater than 26,001 gross vehicle weight rating (GVWR) are prohibited from being parked, stored or maintained in the R zoning districts.

(2)

Commercial highway tractors or trailers, wreckers, earth moving equipment, logging trucks or trailers, farm tractors, dump trucks or any commercial vehicle with greater than 26,001 gross vehicle weight rating (GVWR) are prohibited from being parked, stored or maintained in RR-1 zoning districts, except where the lot on which such vehicle is parked, stored or maintained is at least one and one-half acres in size.

(3)

In the R-MH zoning districts, parking of commercial vehicles with greater than a 26,000 GVWR are subject to the approval of the property owner, homeowners association, or manufactured housing park's management. If parking is permitted, the commercial vehicle must be located in a designated parking space and may not impede ingress or egress.

(4)

For purposes of this paragraph (b), storage is defined as parked for longer than 24 consecutive hours.

(Ord. No. 06-2020, § 3, 12-8-2020)

Bars shall be allowed as accessory uses to a hotel, restaurant, private club, or fraternal organization, provided the following standards are met:

(a)

Generally. Accessory bars shall comply with applicable rules and regulations established in chapter 4, Alcoholic Beverages, of the Bryan County Code.

(b)

Size. The total floor area of all bars shall not exceed 30 percent of the ground floor area up to a maximum area of 600 square feet of the hotel or restaurant.

(c)

External entrance. The bar shall not have a separate external entrance other than emergency exits required by this code.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

When an educational institution is located outside a P/I district, low impact accessory uses shall be permitted by right subject to applicable standards of this UDO.

(b)

Low impact accessory uses include auditoriums, gymnasiums, pavilions, picnic areas, unlighted sports fields and sports courts, and other uses that the community development director determines are customary accessory uses that will not be incompatible with adjacent land uses.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

Adult bookstores, adult entertainment establishments and adult theaters may be permitted in the B-2 zoning district after finding that the following location requirements have been met. Adult uses may not be located:

(1)

Within 1,500 feet of the property line of a residential dwelling;

(2)

Within 500 feet of the property line of any public library;

(3)

Within 600 feet from the property line of any church, shrine, chapel or mortuary, or other place used for religious services;

(4)

Within 1,000 feet of the property line of any school or college campus. The schools and colleges referred to herein shall include only such public, private or church-supported schools as teach the subjects commonly taught in the common schools and colleges of this State and shall not include private schools or colleges wherein only specialized subjects such as law, business, music, art, vocational occupational, and other special subjects are taught;

(5)

Within 1,000 feet of any other adult use; or

(6)

Within 500 feet of any intersection with an average daily traffic count of 15,000 vehicles or greater.

(b)

The distance restrictions set out above shall apply in any and all directions from the property lines of the proposed adult use, as measured in a straight line. This distance shall be verified by a plat prepared by a surveyor and furnished by the applicant. This plat shall accompany and be made a part of the application under this section.

(c)

Any adult use existing prior to November 7, 1995, shall be considered a non-conforming use. Such non-conforming use shall be subject to the requirements of article XII of this UDO.

(d)

Nothing contained herein shall be construed to authorize or legalize the selling, lending, renting, leasing, giving, advertising, publishing or other dissemination to any person or persons, of any book, magazine, movie film, still picture or any other written material, pornographic matter, novelty, device or related sundry item which is obscene material under the laws of the State of Georgia.

(e)

Nothing contained herein shall be construed to authorize or legalize any act of prostitution, or distribution of obscene materials, as those acts are defined under federal, state or county laws.

(Ord. No. 06-2020, § 3, 12-8-2020)

Animal boarding, animal shelters (private), veterinary hospitals, and animal services shall be subject to the following requirements in addition to other applicable district standards:

(a)

Minimum buffer requirement for all animal boarding facilities and animal shelters (private) will be 30 feet on all sides as established in section 114-630.

(b)

Minimum lot size for animal boarding and animal shelters (private) shall be two acres.

(c)

No dog runs or animal exercise areas shall be located in a front yard or in any required rear or side setback.

(d)

Outdoor runs/exercise areas shall be set back a minimum of 75 feet from all property lines or the required setback for the zoning district, whichever is greater; provided, a 200-foot setback shall be maintained from any residential dwelling.

(Ord. No. 06-2020, § 3, 12-8-2020)

The following regulations shall apply to all businesses providing heavy repair services for automobiles and light trucks:

(a)

All main and accessory structures shall be set back a minimum of 75 feet from any RR, R, or PD district.

(b)

There shall be a minimum lot frontage of 100 feet on an arterial or collector street; and all access to the property shall be from that street.

(c)

A raised curb of six inches in height shall be constructed along the perimeter of all paved and landscaped areas.

(d)

Overhead doors shall not face a public road or RR, R, or PD district. The community development director may modify this requirement upon a determination that there is no reasonable alternative, and the visual impact will be diminished through use of building materials, architectural features and landscaping.

(e)

Where applicable, vehicle queuing space shall be provided in front of each service bay for at least two vehicles.

(f)

All maintenance and repair work shall be conducted completely within an enclosed building. Equipment, including hydraulic hoists, pits, and lubrication, greasing, and other automobile repairing equipment shall be located entirely within an enclosed building.

(g)

There shall be no outdoor display of vehicle components and parts, such as tires and lubricants, materials, commodities for sale, supplies or equipment.

(h)

Storage of wrecked, partially dismantled, or other derelict vehicles, or overnight parking of any vehicle, except a tow truck, shall be permitted in a designated area for up to 30 days. Such area shall be screened from public view in accordance with the screening requirements of section 114-632.

(i)

If the use includes vehicle painting, all applicable State and federal requirements shall be met.

(Ord. No. 06-2020, § 3, 12-8-2020)

The following regulations shall apply to all businesses providing light repair services for automobiles and light trucks:

(a)

A building or structure shall be located at least 50 feet from any side or rear lot line abutting a RR, R, or PD district.

(b)

Equipment, including hydraulic hoists, pits, and lubrication, greasing, and other automobile repairing equipment shall be located entirely within an enclosed building. Outdoor storage or display of merchandise, such as tires, lubricants and other accessory equipment is not permitted.

(c)

All activities shall occur inside a building. No vehicle may be stored on the property for more than 48 hours.

(d)

Storage of gasoline, liquefied petroleum gas, oil or other flammable liquids or gas above ground shall not be permitted.

(e)

There shall be a minimum lot frontage of 75 feet on an arterial or collector road.

(Ord. No. 06-2020, § 3, 12-8-2020)

Stand-alone bars or drinking places require a conditional use permit and shall comply with the following standards:

(a)

Generally. Bars and nightclubs shall comply with applicable rules and regulations established in chapter 4, Alcoholic Beverages, of the Bryan County Code.

(b)

Graffiti removal. The owner or operator of the bar shall remove all graffiti from the walls, fences, pavement, buildings, or other structures associated with the bar within 48 hours of discovery of its appearance on the property.

(c)

Litter control. Each day, the owner or operator of the bar shall collect all litter and trash originating from the bar and deposited on the site of the bar and public property within 200 feet of any boundary of the property upon which the bar is located. For failure to maintain a litter-free environment, the owner or operator may be required to locate permanent, non-flammable trash receptacles, 60 gallons or less in size, at convenient locations, appropriately screened from view from the street, outside the use and in the use's parking area. The owner or operator of the bar shall remove all trash from these receptacles on a daily basis, or more frequently if needed to maintain a litter-free environment, and from the sidewalk and public right-of-way adjacent to the property upon which the bar is located.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

Types of bed and breakfast establishments.

(1)

Bed and breakfast home: A private home of not more than four guest rooms that offers bed and breakfast accommodations.

(2)

Bed and breakfast inn: A private home of more than four but not more than ten guest rooms that offers bed and breakfast accommodations.

(b)

Performance standards. The following standards shall apply to bed and breakfast homes and bed and breakfast inns:

(1)

A bed and breakfast home or in shall be the permanent residence of the owner or manager of the business.

(2)

A bed and breakfast establishment shall be permitted only in a residential structure with a minimum gross living area of 3,000 square feet for bed and breakfast home and 4,000 for a bed and breakfast inn.

(3)

In any zoning district where these uses are allowed, the establishment must be located on a lot with a minimum area of one acre for a bed and breakfast home and two and one-half acres for a bed and breakfast inn.

(4)

Food service shall be limited to the breakfast meal for a Bed and Breakfast Home, and shall be available only to guests and not to the general public. For a bed and breakfast inn, food service may include breakfast, lunch and dinner, but shall only be available to guests

(5)

The price of breakfast shall be included in the room rate for bed and breakfast homes and inns.

(6)

Signage shall be limited to a nameplate not to exceed two square feet.

(7)

In both types of establishments, a maximum of one permitted guestroom may be located in an existing detached structure on the same property provided the additional guestroom does not exceed the maximum number rooms permitted.

(8)

To avoid a concentration of bed and breakfast establishments in any RR, R or PD district, no new bed and breakfast establishment shall be located within 1,320 feet of another pre-existing bed and breakfast establishment, measured along a straight line from property line to property line.

(Ord. No. 06-2020, § 3, 12-8-2020)

Brewpubs, microbreweries, micro-distilleries, and tap rooms are allowed in the B-1 district with a conditional use permit and allowed in the B-2 district subject to compliance with State rules and regulations, approval by the public health department, if applicable and the following regulations:

(a)

Tap rooms and tasting rooms shall comply with the requirements for accessory bars in section 114-714.

(b)

The establishment shall not have a drive-through facility.

(c)

Outdoor entertainment shall not be permitted on properties within 1,200 feet of a RR, R or PD district.

(d)

All operations shall be conducted within a completely enclosed building, except for an outdoor seating and entertainment area associated with a tap room or food service. An outdoor seating area associated with a tap room or brew pub shall comply with the outdoor dining/seating requirements in section 114-709.

(e)

A tap room may offer food to patrons.

(f)

At least 51 percent of the malt or brewed beverages offered for consumption or sale at a tap room must be produced on the premises or on real property immediately adjacent to the premises.

(g)

No equipment or storage related to the operation of the preparation of malt or brewed beverages (specifically excluding chillers) may be located outside the principal structure.

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

Areas for the temporary location of recreational vehicles, travel trailers, self-propelled campers, tents, and other temporary and movable overnight accommodations may be permitted by conditional use permit in A-5, WB, and DM-1 districts if the following conditions are met:

(1)

The proposed site shall contain at least ten acres of area, with at least 5,500 square feet of land for each trailer site and shall provide at least 4,000 square feet of area in each vehicle or trailer space, which shall have at least 40 feet of frontage on a paved access road at least 20 feet in width leading to a public street. Every vehicle or trailer must be parked at least 20 feet from any other vehicle or trailer.

(2)

The site shall be served by water supply and waste disposal systems acceptable to the department of public health and/or the county.

(3)

A 50 foot wide buffer shall be provided in accordance with section 114-630 between areas used for the parking of trailers and any adjacent commercial or residential uses.

(b)

Parking areas for trailers or recreational vehicles permitted under this section may not be used for the location of a trailer for more than 30 days.

(c)

The following services shall be provided:

(1)

An adequate supply of potable water for drinking and domestic purposes shall be supplied by pipes to all buildings and trailer lots within the campground. Each lot shall be provided with a cold-water tap. Waste from this supply shall be emptied into a drain connected to an approved disposal system.

(2)

Toilet and other sanitary facilities shall be provided for males and females and shall either be in separate buildings or shall be separated, if in the same building, by soundproof walls; shall be marked with appropriate signs; and shall have doors at least eight feet apart. Each toilet and each shower stall shall be in a private compartment or stall.

(3)

Toilet facilities for males shall consist of not less than one flush toilet, one urinal, one shower with a dressing compartment with at least nine square feet, and one lavatory for every ten spaces or fraction thereof.

(4)

Toilet facilities for females shall consist of not less than two flush toilets, one shower with a dressing compartment with at least nine square feet and one lavatory for every ten spaces or fraction thereof.

(5)

Suitable laundry facilities shall be provided.

(6)

An adequate supply of hot and cold running water shall be provided for each shower, lavatory, and laundry.

(7)

Service buildings housing the toilets and sanitary facilities shall be permanent structures complying with all applicable ordinances and statutes regulating buildings, electrical installation, and plumbing and sanitation systems and shall be located not closer than 20 feet nor further than 200 feet from any campground site/space.

(8)

All service buildings and the grounds of the campground shall be maintained by the licensee or designated agent and kept free of trash, wastes, standing water or any other condition that would menace the health of any occupant or the public or constitute a nuisance.

(9)

Waste from showers, bathtubs, flush toilets, urinals, and lavatories in service and other buildings within the campground shall be discharged into a public sewer system in compliance with applicable ordinances or into a private sewer and disposal plant or septic tank system of such construction and in a manner approved by the department of public health.

(d)

Development in campgrounds must meet all other applicable regulations in this UDO.

(Ord. No. 06-2020, § 3, 12-8-2020)

Establishments that offer check-cashing, short-term loans, pawn shops or precious metals buyers, excluding FDIC insured banks or credit unions, are limited to the B-2 district with a conditional use permit and shall meet the following criteria:

(a)

The minimum distance between any two short-term loan, check cashing, pawn shop establishments, and businesses that purchase precious metals shall be 2,500 feet, measured in a straight line between the nearest property lines.

(b)

All state regulations, particularly with respect to pawn shops and money-lending standards, shall be met.

(c)

Short-term loan and check cashing establishments shall post their interest rate and fees for loans clearly near the entrance of the facility.

(d)

Pawn shops shall comply with requirements of section 8-19, et. seq of the county Code.

(Ord. No. 06-2020, § 3, 12-8-2020)

Day care centers, including child care learning centers for more than six children, child care learning centers, and adult day care facilities, but not including family child care learning homes addressed in section 114-708, shall comply with the following requirements:

(a)

All state health department regulations for adult or child care centers or kindergartens shall be met, as applicable.

(b)

For persons over 18 years of age, there shall be an appropriately enclosed outside recreation area of not less than 30 square feet per person enrolled; for persons 18 years of age or less, there shall be an appropriately enclosed outside recreation area of not less than 75 square feet per person using the recreation area at any one time.

(c)

Outdoor recreation areas shall be screened by a privacy fence or wall measuring six feet in height.

(d)

If an off-site recreation area is used, there shall be safe pedestrian access between a care center and the recreational area.

(e)

As required by the county, the facility shall post applicable traffic control signs notifying drivers of children/adults in the area and install the necessary improvements to ensure safe movement of children in and out of the site.

(f)

The minimum area and frontage regulations in Exhibit 729 shall apply in all districts except where the center is a part of a multi-household building or group of buildings or the applicable zoning district requires greater area or frontage.

Exhibit 729: Care Center Area and Frontage Requirements

(g)

Setbacks for the facility shall comply with the applicable zoning regulations of the district in which the facility is located.

(h)

Additional conditions may be imposed pursuant to the site plan review process when applicable.

(Ord. No. 06-2020, § 3, 12-8-2020)

Drive-through uses are subject to the following standards:

(a)

Traffic queues will not interfere with pedestrian movement along public sidewalks or create a traffic hazard.

(b)

Use of the drive-through service will not interfere with the use, enjoyment or operations of adjacent properties.

(c)

Drive-through lanes or loading spaces shall not be located any closer than 50 feet to a residential zoning district.

(d)

A six foot tall solid faced brick, masonry or wooden wall or fence shall be provided along a property line abutting lots or parcels zoned residential to block lights from vehicles in the stacking lanes or drive-through facility. The community development director may waive this requirement during the site plan review process, if the applicant can demonstrate the site configuration and required buffers will attenuate any light incursion.

(e)

Stacking lane requirements.

(1)

All uses and facilities providing drive-up or drive-through service shall provide at least the minimum required vehicle stacking spaces established in Exhibit 730.

(2)

Stacking spaces shall be a minimum of eight feet wide by 20 feet long.

(3)

Stacking spaces shall not impede on-site or off-site traffic movements, including access to parking spaces.

Exhibit 730: Minimum Stacking Space Requirements

(Ord. No. 06-2020, § 3, 12-8-2020)

(a)

Applicability. Surface mining as defined by O.C.G.A. § 12-4-72(15) shall be subject to review and approval of a conditional use permit pursuant to article III, division 4.

(b)

State permit required. Excavation activities that have greater than one acre of disturbed area must obtain a State mining permit. A copy of the approved State mining permit must be submitted to the development services office prior to work commencing.

(c)

Construction requirements.

(1)

All projects must comply with best management practices as outlined in the "Manual for Soil and Sediment Control in Georgia" as specified in O.C.G.A. § 12-7-6.

(2)

Side slopes of any excavated area must be constructed at a 3:1 slope (one foot in elevation change per three feet of horizontal distance) from the top of the excavation to the bottom at all times during construction and at completion of the excavation.

(3)

All disturbed areas will have a permanent stand of grass established at completion.

(4)

No digging, processing or hauling activities shall take place except between the hours of sunrise and sunset Monday through Saturday.

(5)

All wetland impacts must be approved by the USCOE.

(Ord. No. 06-2020, § 3, 12-8-2020)

All mobile food vehicles providing retail sales of food (food trucks, food trailers or food carts) shall comply with the regulations of this section. These regulations do not apply to "meals on wheels" program vehicles, ice cream trucks or food home delivery services.

(a)

Districts where allowed.

(1)

Mobile food trucks and trailers for retail sales of food shall be limited to the B-1, B-2, C-I I-1, and I-2 districts.

(2)

Mobile food carts for retail sales of food shall be limited to the B-1, B-2, C-I, I-1 and I-2 districts. Food carts shall not be self-propelled or exceed four feet in width by ten feet in length or eight feet in height.

(b)

Location criteria.

(1)

Food trucks, trailers and carts shall be located a minimum distance of 15 feet from the edge of any driveway, utility box or vaults, handicap ramp, building entrance, exit or emergency access/exit, emergency call box or fire hydrant.

(2)

Food trucks, trailers and carts shall not be located within any area of the lot or parcel that impedes, endangers, or interferes with pedestrian or vehicular traffic.

(3)

Food trucks, trailers and carts shall not occupy any parking spaces required to fulfill the minimum requirements of the principal use, unless the principal use's hours of operation do not coincide with those of the food truck business. Nor shall any food truck occupy parking spaces that may be leased to another business and used to fulfill its minimum parking requirements.

(4)

Food trucks, trailers and carts shall not occupy or limit access to any handicap accessible parking space.

(5)

Food trucks, trailers, and carts may not be located in the public right-of-way.

(6)

The county administrator must approve mobile food vehicles located on county-owned property, whether the truck, trailer, or cart is associated with a temporary event, special event or an ongoing operation.

(c)

Mobile food service operations.

(1)

No freestanding signage or audio amplification shall be permitted as part of the mobile food vehicle operations.

(2)

No mobile food service operations shall make or cause to be made any unreasonable or excessive noise in violation of county Code.

(3)

No mobile food service shall use flashing or moving lights as part of its operation.

(4)

Outside of business hours, the vehicle shall not be stored on the site of its operations.

(5)

When open for business, the food truck, trailer or cart operator, or his or her designee, must be present at all times, except in cases of an emergency.

(6)

The food truck, trailer or cart vendor is responsible for the proper disposal of waste and trash associated with the operation. Vendors shall remove all waste and trash from their approved location at the end of each day or as needed to maintain the health and safety of the public. The vendor shall keep all areas of the permitted lot free and clean of grease, trash, paper, cups, cans or other materials associated with the operation. No liquid waste or grease is to be disposed in tree pits, storm drains or onto the sidewalks, streets, or other public space. Under no circumstances shall grease be released or disposed of in the county's sanitary sewer system.

(7)

All equipment required for the operation shall be contained within, attached to or within 20 feet of the food truck, trailer or cart. All food preparation, storage, and sales-distribution shall comply with all applicable county, state and federal health department sanitary regulations.

(d)

Authorization.

(1)

A mobile food service operation shall be considered a temporary use, and the operator shall obtain a temporary use permit from the county.

(2)

The application shall include a sketch showing the footprint of the mobile food vehicle and all related dining or food service appurtenances.

(3)

The temporary use application shall include authorization from the property owner for any lot or parcel proposed to accommodate a mobile food vehicle.

(4)

Prior to issuance of the temporary use permit, the vendor shall provide evidence of all necessary permits authorizing the preparation and sales of food within the Bryan County, including the department of public health.

(5)

If at any time evidence is provided that the lot or parcel is being used other than in compliance with these regulations, the property owner may be cited for violation of this UDO.

(6)

Copies of the temporary use permit and all applicable permits shall be kept in the food truck, trailer or cart at all times.

(7)

The county administrator may authorize a temporary use permit for a mobile food vehicle associated with a special event, e.g., neighborhood block party, religious affiliated fair, etc., regardless of zoning district. The special event shall be of limited duration and occur no more than twice a year.

(Ord. No. 06-2020, § 3, 12-8-2020)

In A-5, RR, and B-1, B-2 and C-I districts, cemeteries and columbaria are permitted by conditional use permit and shall meet the following standards:

(a)

A survey showing the boundaries of the cemetery and required access is provided by the applicant.

(b)

Cemetery plots, columbaria and other structures shall be located a minimum of 50 feet from the property line of any residential use or district and 25 feet from any commercial district.

(c)

Driveways and parking areas shall be located a minimum of 20 feet from the property line of any residential use or district and ten feet from any commercial district.

(d)

Cemeteries plots, columbaria and other structures on private property shall provide a public access easement from a public road or a private road that allows public access.

(e)

Owner/operators shall comply with all State laws, including notification requirements for closing or abandoning cemeteries.

(Ord. No. 06-2020, § 3, 12-8-2020)

Funeral homes and mortuaries shall be subject to the following requirements:

(a)

A minimum lot size of two acres shall be required.

(b)

An off-street vehicle assembly/staging area shall be provided for funeral processions and activities in addition to the required off-street parking and maneuvering area.

(c)

No waiting lines of vehicles shall extend off-site or onto adjacent public streets.

(Ord. No. 06-2020, § 3, 12-8-2020)

This section applies to group homes, including adult congregate living facilities, with six or fewer residents. The intent of the provisions for group homes is to promote residential care opportunities for those individuals that have had difficulty in obtaining adequate housing. It is not the county's intent to suppress that is protected under the Federal Fair Housing Act. The county will make reasonable efforts to accommodate housing pursuant to the Federal Fair Housing Act. Group homes do not include accommodations for pre-release and post-release individuals who have been incarcerated. Prior to receiving approval for this use, the following requirements must be met.

(a)

Any applicable state and department of public health regulations for community living arrangements shall be met.

(b)

For residents over 18 years of age, there shall be an appropriately enclosed outside recreation area of not less than 30 square feet per resident enrolled; for residents 18 years of age or less, there shall be an appropriately enclosed outside recreation area of not less than 75 square feet per person using the facility at any one time.

(c)

The movement of traffic through the street on which the facility is located shall be capable of being controlled to the degree necessary to allow ingress and egress.

(d)

The outdoor recreation areas shall be screened by an opaque fence or wall measuring a minimum of six feet in height.

(e)

Setbacks for the facility shall comply with the applicable district regulations.

(f)

Minimum off-street parking and loading space requirements shall be provided as follows:

(1)

A minimum of two parking spaces is required for each group home; plus

(2)

One parking space for every six residents, or one for every resident with a car, whichever is greater.

(Ord. No. 06-2020, § 3, 12-8-2020)

This section applies to: (1) Institutional care facilities, which include transitional residential facilities (e.g., shelters, halfway houses, and transitional housing), community residential home, and residential care facilities, as defined and licensed by the State of Georgia; and 2) retirement housing services, which include long term care facilities (e.g., skilled nursing home, independent living facility, personal care home, continuing care retirement community, or assisted living center). Institutional care facilities and retirement housing services are subject to the following regulations and applicable zoning district standards:

(a)

Facilities shall meet all requirements of federal, state and other public agencies.

(b)

The proposed site shall have direct access to at least one collector or higher function road but shall not be located on a heavily traveled arterial or freeway unless substantial screening is provided along such heavily traveled road. In general, road access must be adequate for the traffic expected to be generated by the proposed development.

(c)

The minimum area and frontage regulations in Exhibit 736 shall apply in all districts except where the center is a part of a multi-household building or group of buildings

Exhibit 736: Institutional Care Facilities and Retirement Housing Services Area and Frontage Requirements

(d)

The design of the facility must be such that no sounds, smells or any other noxious emissions from such activities as kitchens or loading areas will become a nuisance to the community.

(e)

Setback, screening, buffering and other requirements shall be established in conjunction with conditional use permit or site plan approval. At a minimum, the buffering, screening, and setback requirements of the zoning district shall be met.

(Ord. No. 06-2020, § 3, 12-8-2020)

In addition to the applicable R-MH district standards, the following standards shall apply in the RMH district:

(a)

Incidental sales. The incidental sale of used manufactured homes shall be permitted within the boundaries of a manufactured housing park, subject to the following conditions:

(1)

Allowable number. The number of manufactured homes for sale at any one time shall not exceed five percent of the total number of approved manufactured home spaces in any manufactured housing park. However, if there are less than 20 manufactured home spaces, only one manufactured home may be for sale at any one time.

(2)

Location. Manufactured homes for sale shall be located only on manufactured housing spaces in the manufactured housing park and subject to the same setbacks and yard requirements as occupied manufactured homes.

(b)

Maintenance. There shall be no renovating, overhauling, or repairing to manufactured homes offered for sale within a manufactured housing park. However, customary maintenance shall be permitted, such as would be allowed for an occupant while living in a manufactured home.

(c)

Perimeter buffers required. Along all perimeter property lines of a manufactured housing park, the operator shall provide and maintain buffers in accordance with Exhibit 737 and section 114-630. Entrance roads to manufactured housing parks may traverse the required buffers. Buffer requirements do not apply to roads constructed within a manufactured housing park, except where such roads intersect with a required buffer abutting another road or property line.

Exhibit 737: Minimum Widths of Manufactured Housing Park Buffers

(d)

Compliance with subdivision design standards. In addition to complying with the requirements of this article, except as modified herein, all manufactured housing parks must comply with all applicable road and public utility standards.

(e)

Minimum dimensional requirements for manufactured housing spaces. The boundaries of all manufactured home spaces must be shown on the manufactured housing park plan and identifiable after construction of the manufactured housing park. Each manufactured home must have a minimum setback of 30 feet on all sides from any other manufactured housing space, except a minimum setback from the right-of-way of any road within the manufactured housing park shall be 25 feet. All manufactured home spaces must meet the minimum size requirements of the public health department, however, in no case shall any manufactured home space be less than 5,280 square feet.

(f)

Approval of RMH district. No rezoning to a manufactured housing park district may be considered and no manufactured housing park may be developed, expanded, or occupied until all the requirements set forth herein have been met and a manufactured housing park plan is approved by the board of commissioners. An application and all accompanying plans and supporting data required both by this section and Article III shall be filed with the community development director in accordance with Article III. The manufactured housing park plan must be submitted with a rezoning application. A park plan shall include the following:

(1)

Property boundaries;

(2)

Access roads;

(3)

Interior manufactured home space layout including internal streets;

(4)

Required and/or proposed buffers;

(5)

Minimum exterior setbacks;

(6)

Location of parking spaces;

(7)

Lighting plan;

(8)

Gross density;

(9)

Open space;

(10)

Location of trash pickup areas;

(11)

Proposed utility connections; and

(12)

Amenities.

(g)

Public hearings—Park plans. If an existing manufactured housing park seeks to expand and a park plan has not been previously approved, the owner shall submit a park plan in compliance with these standards for the existing park and expansion area and go through the required public hearing process.

(h)

Access. All manufactured home spaces must abut an interior road which has direct access to a public road.

(i)

Off-road parking. Each manufactured home space shall be provided with at least two off-road parking spaces located on or adjacent to the manufactured home space. In addition, one off-road parking space for each four manufactured home spaces in the manufactured housing park for visitor parking must be provided. Off-road parking spaces shall not be considered a part of any manufactured home space which meets only the minimum required lot area. No vehicle parking will be allowed in other than the specified parking areas.

(j)

Additional conditions. In approving a manufactured housing park, the board of commissioners may attach additional conditions to protect both the occupants of the manufactured housing park and the occupants of surrounding property, and to further the purposes of this UDO.

(k)

Minimum requirements for manufactured homes. No manufactured home shall be placed in a manufactured housing park unless it is constructed to the Federal Manufactured Home Construction and Safety Standards Act of 1974, as amended, 42 USC §5401 et seq., and is in compliance with the building code.

(l)

Water and sewerage. Each manufactured home space shall be provided with and each manufactured home connected to both a central water system and a central sewer system.

(m)

Refuse collection facilities. Disposal of solid waste within a manufacture housing park shall be in compliance with all federal, State, and local laws and regulations.

(n)

Service, administrative, and other buildings.

(1)

Within a manufactured housing park, one manufactured home may be used as an administrative office. Other administrative and service buildings, housing, sanitation, and laundry facilities shall be permanent structures, complying with all applicable ordinances and statutes regarding buildings, electrical installations, and plumbing and sanitation systems.

(2)

No building shall be located closer than 30 feet to any manufactured home space.

(o)

Fire protection. All manufactured housing parks shall comply with all fire and life safety codes, as adopted by the County. Manufactured housing parks may be inspected by the local fire marshal to ensure compliance.

(p)

Management. The owner of a manufactured housing park shall ensure that the manufactured housing park, its facilities, equipment, grounds, roads, buffers, fences, manufactured home spaces and manufactured homes are maintained in a clean, orderly, safe, and sanitary condition and are in compliance with all applicable laws, codes, ordinances and regulations.

(q)

Required records. The owner of a manufactured housing park shall maintain the following records relating to the manufactured housing park: the names of all occupants and owners of manufactured homes; the make, model, serial number, year of manufacture, county tax and decal number, and building permit number of each manufactured home and the dates of arrival and departure of each manufactured home.

(r)

Occupancy permit. No manufactured home shall be permanently placed within a manufactured housing park until all provisions of this UDO and other applicable laws, codes or regulations have been complied with and a certificate of occupancy is issued by the building official.

(s)

Underground utilities. All utilities shall be under ground.

(Ord. No. 06-2020, § 3, 12-8-2020)

Religious institutions, having seating/occupancy for more than 100 people, shall have direct access to a collector or arterial road.

(Ord. No. 06-2020, § 3, 12-8-2020)

The purpose of this use is to address the demand for event venues in a rural setting. For event venues located in the A-5 zoning district, the operation should be consistent with and maintain compatibility with the agricultural/rural setting. A conditional use permit is required in the A-5 zoning district.

(a)

All uses and required improvements must be located on the same parcel.

(b)

Minimum parcel size is five acres.

(c)

An operational plan, which shall be maintained and available on-site at all times, must be provided that includes the following information at a minimum:

(1)

Parking plan to include traffic control and emergency access.

(2)

Life/safety plan.

(3)

Capacity of the venue.

(4)

Event types.

(5)

Anticipated number of events per year.

(6)

Maximum number of attendees per event.

(7)

Hours and days of operation.

(8)

Number of full and part time employees.

(9)

Use of music at the facility, including types of sound amplification.

(10)

Food and alcohol preparation or services on-site.

(11)

Provision of restroom facilities.

(12)

How solid waste will be disposed of.

(13)

Any other documentation required by the Community Development Director.

(d)

A concept plan and preliminary architectural elevations are required as part of the Conditional Use Permit application.

(e)

At least one permanent building must be located on-site. Buildings and structures must maintain rural character.

(f)

All buildings and structures must be setback at least 100 feet from property lines.

(g)

All temporary structures, e.g., tents, stages, chairs, dance floors, etc., must be a minimum of 100 feet from property line or 150 feet from the nearest adjacent residential structure, whichever is greater.

(h)

If temporary outdoor lighting is to be provided, lighting must not spill onto adjacent properties and shall be downward facing.

(i)

Property shall have frontage on a County-approved private or public road providing access to the venue. Access drives or private easements shall not be the primary entrance/exit.

(j)

A buffer may be required and shall be established through the Conditional Use Permit process. The need for and size of a buffer shall be determined/based upon the distance to the nearest adjacent residential structure, nature of events (indoor/outdoor), and location of the facilities (temporary and permanent) to the property lines. If required, the buffers must meet the buffer design requirements in article VI, section 114-630 unless otherwise specified.

(k)

The non-residential development parking standards (article VI, section 114-616(d)) shall apply, except all parking shall be on-site. The number of spaces required shall be determined during the Conditional Use Permit process.

(l)

Parking areas may be unpaved. ADA spaces must be provided per section 114-619.

(m)

The noise for events shall not exceed 50 dBA at the property line.

(n)

An on-site manager shall be present and available for the duration of all events. Their contact information shall be provided and kept up to date with the Community Development Director.

(o)

All structures and buildings shall be built to code and approved by a Bryan County building inspector and meet fire codes as well as all other local and state regulations.

(p)

Events shall be limited to 7:00 a.m. to 10:00 p.m. weekdays and 7:00 a.m. to 11:00 p.m. weekends unless otherwise specified during the CUP process.

(q)

Special events, as defined in this UDO, shall be permitted through the approval process identified in section 114-424.

(r)

All signage shall follow the regulations for authorized institutional uses located in the A-5 zoning district in section 114-667, Exhibit 667a. These standards may be altered during the conditional use permit approval if alternative signage is proposed.

(s)

Public health department approval shall be obtained, as needed.

(t)

Permanent restrooms shall be required to accommodate the expected capacity of the venue.

(u)

Overnight lodging, including camping, shall not be permitted unless specifically approved via the CUP process.

(v)

Amendments to the approved CUP (major and minor) shall be processed in accordance with section 114-337.

(Ord. No. 16-2021, § 2, 8-10-2021)

(a)

All ingress and egress from the site shall be directly onto an arterial or collector street.

(b)

Storage of combustible or flammable liquids, combustible fibers, or explosive materials, as defined in the International Fire Code, or toxic materials, shall not be permitted within the self-storage buildings or upon the premises. However, storage of recreational vehicles containing fuel and other automotive fluids is permitted.

(c)

The use of the premises shall be limited to storage of personal and business items, except as otherwise provided, and shall not be used for operating any other business, maintaining or repairing vehicles or for any recreational activity or hobby.

(d)

Limited retail sales of products and supplies incidental to the principal use, such as packing materials, packing labels, tape, rope, protective covers, locks and chains shall be permitted within a central office.

(e)

The entire site shall be fenced, in accordance with the requirements of section 114-632(d). Fences within front yards and any side yards adjacent to residential zoned property shall be wrought iron or a similar decorative type. Chain-link, or similar style fences, are prohibited in these areas.

(f)

A security manager may be permitted to reside on the premises. A minimum of two parking spaces shall be provided for the dwelling unit in addition to other required parking.

(g)

Minimum separation between self-storage buildings shall be 24 feet.

(h)

Internal drive aisles shall be at least 24 feet wide.

(i)

Building design and materials shall be comply with the provisions of section 114-806. If located adjacent to a RR or R zoning district, the front office building, or office portion of the building, shall reflect a residential character in architectural design.

(j)

Buffering shall comply with the provisions of article VI, division 5.

(Ord. No. 06-2020, § 3, 12-8-2020; Ord. No. 16-2021, § 2, 8-10-2021)

Editor's note— Ord. No. 16-2021, adopted Aug. 10, 2021, added a new provision designated as § 114-739, and subsequently renumbered §§ 114-739—114-750 as §§ 114-740—114-751.

(a)

Purpose. The purpose of this section is to provide standards, a procedure for public review, and to require a conditional use permit for the development of outdoor shooting range facilities to offer recreational firearm shooting opportunities and training activities in a manner that will protect the health, safety, and welfare of the property owners, residents, and other users of land in the vicinity of new shooting ranges.

(b)

Applicability. Outdoor shooting ranges may be permitted in A-5 districts by conditional use permit.

(c)

Exemptions. This section shall not apply to outdoor shooting ranges developed and operating as of the effective date of this UDO, private outdoor shooting ranges where no fee is charged or membership required for the use of the facility and where firing occurs less than five times per month by other than the property owner or lessee, or to ranges used exclusively for archery; provided, any expansion of a public outdoor shooting range beyond that developed and operating as of the effective date of this UDO, or beyond the terms of a permit issued hereunder, shall require issuance of a new conditional use permit and the total facility shall be subject to the standards of this section.

(d)

Definitions. For purposes of this section, the following definitions shall apply:

(1)

Backstop means a device constructed to stop or redirect bullets fired on a range.

(2)

Baffles means barriers to contain bullets and to reduce, redirect or suppress sound waves. Baffles are placed either overhead, alongside, or at ground level to restrict or interrupt errant or off-the-target shots.

(3)

Ballistics means the study of what happens to moving projectiles in the barrel and in flight: their trajectory, force, impact, and penetration. The study is divided into three sections: internal, external and terminal. "Internal" refers to what happens inside the barrel before the bullet or shot leaves the muzzle. "External" is what happens after the bullet or shot leaves the barrel and travels to its final point of impact. "Terminal" is what happens to the bullet or shot at the final point of impact.

(4)

Berm means an embankment used for restricting bullets to a given area or as a dividing wall between ranges.

(5)

Bullet means a single projectile fired from a firearm.

(6)

Bullet trap means a device designed to trap or capture the entire bullet and fragments as opposed to redirecting the projectile into a water or sand pit.

(7)

Expansion means any change to a public outdoor shooting range existing as of the effective date of this UDO or any range developed and operating by virtue of a conditional permit, that results in additional firing positions or a lengthened daily period of operations. Expansion shall also include any change increasing the length of the direct fire zone or the area of the shotfall zone in order to accommodate the use of firearms not identified in the then existing conditional use permit application. Modifications made for the purpose of or resulting solely in maintenance or improvement of a facility, such as the installation of sewer, water or other utilities, pavement of a parking lot, the installation of safety baffles, construction of side or backstop berms, or the construction or remodel of a clubhouse, shall not be considered an expansion.

(8)

Firearm means a term used to describe any gun, usually small, from which a bullet is propelled by means of hot gasses generated by burning powder (usually smokeless or black powder).

(9)

Firing distance means the distance between the firing line and the target line.

(10)

Firing line means a line parallel to the targets from where firearms are discharged.

(11)

Firing position (point) means an area directly behind the firing line having a specified width and depth that is occupied by a shooter, his or her equipment and, if appropriate, an instructor or coach.

(12)

Firing range.

a.

Firing range means a facility designed for the purpose of providing a place on which to discharge firearms, shoot air guns, and/or archery equipment.

b.

Firing range may refer to several ranges constructed in a complex.

(13)

Pistol means a firearm capable of being held, aimed and fired with one hand. Also known as a handgun.

(14)

Public shooting range means a firing range where a user fee is charged, or where a person must be a member of a group to be allowed to use the facility and membership requires the payment of dues or fees.

(15)

Range manual means The Range Manual - A Guide to Planning and Construction, The National Rifle Association, 1988.

(16)

Ricochet catcher means a device installed along a backstop, a berm, or on the range floor, designed to capture ricocheting projectiles. Ricochet catchers are more frequently used on backstop areas where the slope or backstop material does not positively contain bullets.

(17)

Rifle means a modern firearm designed to be fired from the shoulder. Its main characteristic is a rifled (grooved) barrel that imparts a spin to a single projectile as it travels through the bore.

a.

Some rifles designed for military or law enforcement use may have a pistol grip stock instead of a shoulder stock.

b.

For purposes of this chapter, "rifles" shall also include black powder and other muzzle loading firearms, some of which may have rifled barrels.

(18)

Safety baffles means vertical or sloping barriers designed to prevent a projectile from traveling into an undesired area or direction. Most often used to prevent bullets from leaving a firing range.

(19)

Safety fan applies only to rifle and pistol firing ranges. The safety fan of a firing range consists of three parts: the direct fire zone, the safety zone, and the ricochet zone. The direct fire zone is that area into which all shots are fired during the normal course of shooting. This zone includes all directions and angles of fire used on a firing range while shooting at a specific target, either stationary or moving, from a specific firing point. The length of the direct fire zone extends to the maximum range of the ammunition and firearm used on the firing range but can be shortened by physical barriers or other devices which reduce the maximum distance of a bullet's trajectory. The safety zone extends ten degrees to the left and right of the direct fire zone and protects against errant bullets caused by crossfire or accidental discharge of a firearm. The ricochet zone is that area 45 degrees to the left and right of the firing line and extended a certain distance dependent on the type of firearm and ammunition allowed on the range (i.e., 85 yards for air guns, and up to 1,200 yards for high-powered rifles). The line is then extended parallel to each side of the safety zone downrange to the intersection of a line extended from the terminus of the direct fire zone through the outer corner of the safety zone. See Drawing No. 103 in the Range Manual.

(20)

Shotfall zone means that area of a shotgun firing range where spent shotgun shot falls to the earth and where development, other than trap or skeet houses or the equivalent facilities for other types of shotgun events, and human occupancy, other than operators of the trap, skeet or equivalent facilities, is prohibited during active shooting.

(21)

Shotgun means a firearm designed to be fired from the shoulder with a smoothbore barrel that fires shot shells possessing a varying number of round pellets;

a.

Some barrels are designed to be used with rifled slugs, most generally having smoothbores, but in some cases may be rifled;

b.

Law enforcement and military shotguns may have a pistol grip stock instead of a shoulder stock.

(22)

Target line means a line parallel to the firing line along which targets are placed.

(e)

Development standards. The following standards shall apply to the development of proposed public outdoor shooting ranges upon application for a conditional use permit. The board of commissioners may vary from these standards where the applicant has demonstrated that the proposed facility includes alternative designs and features, either natural or manmade, that will otherwise mitigate the potential adverse impacts to the health, safety and welfare of owners or users of neighboring properties and the general public.

(1)

Range design.

a.

Pistol and rifle firing ranges. Pistol and rifle firing range design shall include sufficient land area under control of the applicant for a safety fan (direct fire zone, safety zones and ricochet zones) to accommodate the ballistics of the highest powered firearms and ammunition to be used on the range. Such spatial requirements may be reduced in consideration of natural topographic features or manmade improvements, including but not limited to, backstop and side berms, bullet traps, ricochet catchers, and overhead or ground safety baffles which will provide sufficient safety measures to protect adjacent properties.

b.

Shotgun ranges. Trap ranges shall have a shotfall zone on property under control of the applicant as established by a line which extends 50 yards to the right and 50 yards to the left of, and perpendicular to, the centerline of the trap house. From each end of said line, boundary lines having interior angles of 130 degrees shall extend down range for 300 yards. Skeet ranges shall have shotfall zones on property under control of the applicant which are a complete semi-circle extending 300 yards from all firing locations.

(2)

Security. The entire perimeter of all public outdoor shooting range safety fans and shotfall zones shall be fenced and signed to reduce the potential for trespass into the safety fans and shotfall zones. Warning signs identifying the range shall be posted around the perimeter of the parcel or parcels on which the shooting range is located such that each sign is visible and legible from the next. The same signs shall be posted similarly on the security fencing surrounding the safety fan(s).

(3)

Parking. At a minimum, there shall be one and one-half parking places for each firing position.

(4)

Noise. All firing line locations shall be located such that the sound levels generated by the discharge of firearms on the range do not exceed a 90 dB peak impulse response at the property line. The burden of proof that the proposed range will meet this standard shall rest with the applicant. All noise studies shall be performed by a professional engineer registered in the State of Georgia or by a person with a degree in a discipline related to acoustics.

(5)

Range orientation. All firing lines should be aimed at target lines to the northeast, north or northwest unless there is sufficient standing timber or natural topographic features on the property controlled by the range operator to mitigate the effects of glare from the sun.

(6)

Backstops. All backstops shall have sufficient depth of sand or other similar soft earthen material that is free of rocks, stones and other hard objects that may result in bullet ricochets. All manmade berms shall be vegetated to reduce the potential for erosion. A manmade, mechanical backstop may be substituted upon approval of the planning commission. All backstops and berms shall be maintained to perform their intended functions.

(7)

Proximity to water bodies. Firing ranges shall be developed such that there are no streams, ponds, lakes, or other watercourses or wetlands located between any firing line and target line or within any shotgun shotfall zone.

(f)

Application-Required information. In addition to the general information required by article III, division 4, the following information is required for a conditional use permit application for a public outdoor shooting range:

(1)

An assessor's map of the subject property;

(2)

The types of firearms, ammunition and shooting to be allowed, such as trap, skeet, muzzle loader, high power rifle, small bore rifle, pistol, action pistol, etc.;

(3)

A site plan drawn to scale illustrating the items listed below. The site plan shall be drawn at a scale not smaller than one inch equals 200 feet, and not larger than one inch equals 50 feet:

a.

The property lines of the parcel(s) on which the firing range(s) are to be developed,

b.

For rifle and pistol ranges, the safety fan and its component parts with dimensions for all firing ranges; for shotgun firing ranges, the component parts and dimensions of the shotfall zones,

c.

All existing and proposed structures on the range, labeled for their intended use,

d.

The location and dimensions of all firing lines and firing positions,

e.

The location and dimensions of all target lines and related facilities,

f.

The locations, dimensions and slope of all backstops and side berms, whether natural or manmade; the volume, material and source of all imported materials shall be noted,

g.

The locations and dimensions of all baffles; horizontal drawings of the baffles shall be included, and building materials shall be identified,

h.

The location and dimensions of all walkways,

i.

All screening, landscaping and fencing,

j.

The location of all utilities, including but not limited to electrical, potable water, wastewater disposal, and drainage ways, both natural and artificial,

k.

The location of all lighting facilities,

l.

The location of all roads, driveways, and parking facilities, including the number of parking spaces, and

m.

The location of all streams, watercourses, and wetlands on the property;

(4)

For rifle and pistol ranges only, longitudinal cross-sections of that portion of each firing range from ten feet behind each firing line to ten feet beyond the downrange terminus of each direct fire zone, ten feet beyond the back toe of each backstop if manmade, or if natural, 20 feet beyond the front edge of the backstop, as applicable; and latitudinal cross-sections, from ten feet outside any side berms or the edge of each safety fan, of typical areas between each firing line and backstop or downrange terminus of the direct fire zone;

(5)

A list of all property owners within 2,640 feet of the perimeter of the property on which the public outdoor shooting range is proposed for development;

(6)

The land uses of all properties abutting the shooting range property;

(7)

Other information deemed appropriate by the community development director.

(g)

Inspections. No public outdoor shooting range shall commence operations until the range has been inspected and approved by the community development director to ensure that the facilities and development of the range conform with the conditional use permit issued.

(h)

Liability for damages. The provisions of this section shall not be construed to hold the county, or any officer or employee thereof, responsible for any damages to persons or property by reason of the certification, inspection or non-inspection of any building, equipment or property as herein authorized.

(Ord. No. 06-2020, § 3, 12-8-2020; Ord. No. 16-2021, § 2, 8-10-2021)

Editor's note— Former § 114-740. See Editor's Note, § 114-740.

Indoor shooting ranges, including archery ranges may be permitted in B-2 districts, provided the following conditions are met:

(a)

Building plans certified by a design professional are required. Plans shall include backstops, ventilation, bullet traps, bullet resistant material between each firing lane, lead abatement and noise buffering to meet or exceed all applicable State and federal laws and regulations.

(b)

The operator shall cause a qualified design professional to perform annual inspections to verify continued compliance with all applicable design standards and safety procedures, a report of which shall be filed with the building official.

(Ord. No. 06-2020, § 3, 12-8-2020; Ord. No. 16-2021, § 2, 8-10-2021)

Editor's note— Former § 114-741. See Editor's Note, § 114-740.

(a)

Generally. Solar energy systems (SES), also referred to as power generation facilities or solar farms, may be a primary or accessory use and shall comply with the following:

(1)

The SES has a minimum of 25 acres, unless it is an accessory use;

(2)

The SES property boundary is within two miles of an existing electrical transmission line if the SES is for commercial purposes; and

(3)

A conceptual plan is submitted with the application demonstrating the SES will meet the design and development standards of this UDO.

(b)

Development agreement. The county commissioners may require, at its sole discretion, a development agreement between the county and developers for properties developed as a SES or utilizing solar energy systems as a prerequisite to site plan approval.

(c)

Design and development standards. The establishment and operation of a solar farm shall comply with the following specific design and development standards:

(1)

Buffers are required as identified in Exhibit 742. This buffer is separate and distinct from the buffering requirements identified in article VI. Only the following activities shall be permitted within the landscaped buffer:

a.

Vehicular access drives which tie into approved access points as determined by GDOT and/or the county;

b.

Landscaping and landscaping fixtures;

c.

Lighting;

d.

Fencing; and

e.

Signage.

(2)

Landscaping/screening requirements. In addition to buffering, screening shall be required by providing landscape within the buffer which achieves a full screening of all proposed site improvements with a minimum height of ten feet within three years. The intent is to provide sufficient screening, through a combination of buffers, fencing, landscaping, and/or landscaped berms to obscure the solar equipment from exterior view from adjoining property owners and public right-of-ways.

(3)

A visually opaque screen shall be provided for any adjacent property that is zoned RR, R or PD, has an existing residential use, and/or has been subdivided to five acres or less. An opaque screen is intended to exclude a visual contact with the solar equipment from any protected property, public street or public right-of-way. An opaque screen may be composed of a wall, fence, building, landscaping, landscaped berm, or combination thereof. Natural areas as detailed below may also be used to meet screening requirements.

(4)

Natural areas are comprised of existing vegetated area located on the same property as the SES; and is within or includes the required buffer; and is of sufficient height, length, and depth and contains adequate and sufficient healthy vegetation to provide a visually opaque screen where required. The community development director may determine that further screening improvements shall not be required.

(5)

The setbacks for solar equipment associated with the solar energy system shall be 25 feet larger than the applicable bufferyard to allow for an access road around the perimeter of the property.

(6)

A security fence shall be required at least six feet in height to secure the solar equipment unless a taller fence is needed in order to obscure the solar equipment from exterior view. The fence may be on top of the berm in order to achieve this goal. A chain link fence shall not be allowed unless it is screened from exterior view from adjoining property owners and public rights-of-way; screening may include plantings to create a "living fence", or to obscure the view of the fence. Breaks in fencing may be allowed or required by the board of commissioners to facilitate wildlife needs where natural features provide appropriate barriers to access by humans for security and safety purposes.

(7)

The SES shall not exceed ten feet in height, as measured from the ground to the foremost/tip end of the solar collector, provided there is a demonstration that the screening prevents the system from being visible from the exterior of the property. Ancillary non solar collector structures, such as inverters, transformers, etc., may be taller than ten feet in height, provided that such are not visible from the exterior of the property.

Exhibit 742: Minimum SES Buffer Requirements

(d)

General requirements. SES shall also comply with the following general site and development standards:

(1)

Solar collectors shall be designed with anti-reflective coating to minimize glare. Mirrors are prohibited.

(2)

On-site electrical interconnections and powerlines shall be installed underground to the extent feasible. Existing above ground utility lines shall be allowed to remain in their current location.

(3)

A warning sign concerning voltage must be placed at the main gate that states the address of the site, the name of the SES operator, and a local phone number in the case of an emergency.

(4)

Access to the site must be controlled by a six-foot wooden fence or gate, if the fencing is visible from the exterior of the property. If the fencing/gate is within the interior 25 percent of the buffer or is not visible from the exterior or the property, chain link gate and fencing may be used.

(5)

Entrance roadway should include a dog leg or meander to obscure vision from the roadway.

(6)

If lighting is provided at the site, lighting shall be shielded and downcast such that the light does not spill onto the adjacent parcel or the night sky. Motion sensor control is preferred.

(7)

Adequate provisions to reduce average/constant noise levels at the property boundary, not to exceed 50 dBA at the property line, except during construction.

(8)

A solar collection device or combination of devices are to be designed and located to avoid directing glare or reflection onto adjacent properties and adjacent roadways and shall not interfere with traffic or create a safety hazard.

(e)

Site restoration/stabilization. Unless otherwise agreed to by the board of commissioners in its concept plan or development agreement approval process, the applicant shall submit a ten percent site restoration/stabilization guarantee in the form of a bond, irrevocable letter of credit, or other financial security acceptable to the county prior to issuance of the development permit. The site restoration/stabilization guarantee shall insure satisfactory grading, seeding, and stabilization of the site in case of default by the applicant and/or if the applicant does not install the required site improvements in a timely fashion as determined by the engineering director, including the costs of landscaping, screening, and or fencing for the site or such portion thereof being permitted. The developer shall provide the county with an itemized engineer's cost estimate of the approved site improvements. The site restoration guarantee may be refunded upon issuance of the certificate of project close-out for the site stabilization and improvements.

(f)

Decommissioning. Unless otherwise agreed by the board of commissioners in its concept plan or development agreement approval process, the applicant must provide a decommissioning plan signed by the party responsible for decommissioning and the landowner (if different) that describes the anticipated life of the SES, the estimated decommissioning costs in current dollars, the method for ensuring that funds will be available for decommissioning and restoration, and the anticipated timeline and manner in which the SES project will be decommissioned and the site restored to its condition prior to the development of the SES or such other conditions approved in the concept plan or required in a development agreement. If the property has been timbered within two years of conditional approval, original condition means replanted with timber. Decommissioning will be required following a continuous period of 12 months in which no electricity is generated by the facility other than for mechanical, repair, replacement and/or maintenance purposes. The permit holder will have 12 months to complete decommissioning of the SES. Decommissioning shall include removal of solar panels, foundations, structures, cabling, electrical components, conduit, and any other associated facilities as described in the commissioning plan.

(g)

Performance guarantee. Prior to issuance of development permit, the applicant must provide the County with a performance guarantee in the form of a bond, irrevocable letter of credit and agreement, or other financial security acceptable to the county in the amount of 125 percent of the estimated decommission cost minus the salvageable value, or $50,000, whichever is greater. Estimates shall be determined by an engineer licensed to practice in Georgia.

(h)

Updated engineer's cost estimate. Every five years a new engineer's cost estimate of probable cost of decommissioning shall be submitted for approval in the same manner as the initial submission, and the bond, letter of credit, or other financial security acceptable to the county shall be adjusted upward or downward as necessary.

(Ord. No. 06-2020, § 3, 12-8-2020; Ord. No. 16-2021, § 2, 8-10-2021)

Editor's note— Former § 114-742. See Editor's Note, § 114-740.

(a)

Special events. Special events may be approved by the community development director pursuant to section 114-424 and the following requirements:

(1)

Carnival or circus may be approved for a period not to exceed four weeks.

(2)

Religious meetings in a tent or other temporary structure, may be approved for a period not to exceed 40 days, except in RR-1, R-15, R-M, R-MH or PD districts, the meeting period may not be longer than ten days.

(3)

Restaurants requesting outdoor live entertainment with amplification may be approved for a period not exceeding three months. The restaurant owner may request additional special event permits within a calendar year, but collectively, outdoor entertainment shall not exceed six months in a calendar year. In approving the request for a special event permit, the community development director may include conditions reasonably necessary to limit noise and light impacts to surrounding property owners, address any increases in traffic and demand for parking.

(4)

For other special events, the community development director may include conditions of approval reasonably necessary to protect the public health, safety and welfare.

(b)

Temporary uses, generally. Temporary uses may be approved by the community development director pursuant to section 114-424 and the following requirements:

(1)

If the applicant is not the owner of the property, the applicant shall provide written permission of the owner of the property to allow such an event prior to beginning such temporary use.

(2)

A minimum of one parking space shall be provided for each 800 square feet of gross lot area used for the activity (not including storage areas) plus additional parking space for any structure utilized for retail sales computed in accordance with the parking requirements for retail stores.

(3)

All equipment, materials, goods, poles, wires, signs, and other items associated with the temporary use shall be removed from the premises within two days of the end of the event.

(4)

The length of a temporary use shall not exceed seven consecutive days or ten days cumulative in a six-month period.

(5)

Temporary uses may be allowed on any lot with a permitted principal building.

(6)

Temporary uses may be allowed on a vacant lot when providing the minimum setback for all buildings, structures, and parking required for the appropriate zoning district.

(7)

In no case shall the setbacks for any buildings, structures or parking be less than ten feet.

(8)

The temporary use must not prevent the continued use of sidewalks, rights-of-way, fire lanes, etc.

(9)

The community development director may extend the time period for the temporary use permit so that a separate permit is not required for each event within any one calendar year, provided, the number of dates and a schedule shall be established at the time of application and all conditions and requirements of the community development director shall remain in force.

(c)

Construction trailer/sales office. Construction trailers and sales offices are permitted provided:

(1)

Only one construction trailer is allowed per developer/builder, except the maximum number of construction trailers in a development shall not exceed four;

(2)

Only one trailer may be used for sales per development;

(3)

The trailer shall be located within the project boundary;

(4)

If the property has been subdivided, the trailer shall be located on a lot of record and meet applicable setbacks for the district;

(5)

The applicant shall be responsible for providing or obtaining an address from 911 for the trailer; and

(6)

The construction trailer/sales office is not subject to the time limits identified in (b)(4) of this Section but shall comply with the provisions of Section 114-747.

(d)

Temporary sale of consumer fireworks.

(1)

Temporary structures for the sale of fireworks must be located within 1,000 feet of a fire hydrant or a fire department connection of a building unless the Bryan County Fire Chief gives permission in writing stating otherwise.

(2)

The duration of a temporary consumer fireworks retail sales facility shall initiate upon approval and terminate within 90 days after initiation.

(e)

Holiday Sales. Open lot sales of holiday goods, such as Christmas trees, pumpkins, etc., may be approved by the community development director for a period not to exceed 45 days.

(Ord. No. 06-2020, § 3, 12-8-2020; Ord. No. 16-2021, § 2, 8-10-2021)

Editor's note— Former § 114-743. See Editor's Note, § 114-740.

(a)

Swimming pools and above grade decks situated on a lot in a A-5, RR or R district and designed for use by a single family must meet the setbacks for accessory structures for the zoning district in which the pool is situated. The pool must have a barrier of not less than four feet in height. Where the top of the pool structure is above grade, such as an above-ground pool, the pool may be considered as part or all of the barrier or the barrier may be mounted on top of the pool structure to meet the required height. If the means of access for an above ground pool is a ladder or steps, the ladder or steps shall be capable of being secured, locked or removed to prevent access. All gates shall be self-closing with positive latch devices to ensure the pool is enclosed and secure at all times.

(b)

For all other swimming pools, their contiguous decking, whether above or at grade, and accessory structures shall not be closer than 100 feet to any property line and shall be enclosed by a barrier of not less than five feet in height. All gates shall be self-closing with positive latch devices to ensure the pool is enclosed and secure at all times.

(Ord. No. 06-2020, § 3, 12-8-2020; Ord. No. 16-2021, § 2, 8-10-2021)

Editor's note— Former § 114-744. See Editor's Note, § 114-740.

Telecommunications facilities shall comply with chapter 113 of the Bryan County Code.

(Ord. No. 06-2020, § 3, 12-8-2020; Ord. No. 16-2021, § 2, 8-10-2021)

Editor's note— Former § 114-745. See Editor's Note, § 114-740.

Temporary principal or accessory buildings and structures may be permitted, subject to approval by the community development director pursuant to section 114-424 (Temporary Use and Special Event Permits) and subject to the following conditions:

(a)

Temporary buildings and structures may be used for the storage of construction materials, tools, supplies, and equipment for special events/temporary events (e.g., weddings, religious events, seasonal sales), and for temporary on-site sanitation, solid waste, or fuel facilities, related to construction activity on the same lot. The community development director may approve other buildings and structures provided the applicant can demonstrate public health, safety, and welfare will not be negatively impacted.

(b)

Tents that encompass 120 square feet or more of floor area, permit a gathering of ten or more persons, or require a building permit under the Building Code shall be considered temporary structures and subject to all building and life safety codes.

(c)

No temporary building or structure shall be used for dwelling purposes.

(d)

Shipping containers are not considered temporary structures or buildings and may not be used for any use that would involve either occupancy by an employee or member of the public.

(e)

Temporary buildings and structures shall be removed from the lot.

(1)

Within 15 days after an occupancy permit is issued by the community development director for the permanent structure on such lot;

(2)

Within 15 days after the expiration of a building permit issued for construction on such lot;

(3)

When used for a major subdivision {e.g., sales office, construction trailer), after 90 percent of the lots have been sold for development;

(4)

Within three days of completion of the temporary or special event; or

(5)

As provided for in the special event/temporary use permit.

(f)

Temporary buildings and structures must be identified on the temporary use or special event application identified in section 114-744. The community development director shall determine if a separate building permit is required.

(Ord. No. 06-2020, § 3, 12-8-2020; Ord. No. 16-2021, § 2, 8-10-2021)

Editor's note— Former § 114-769. See Editor's Note, § 114-740.

(a)

Applicability. The standards of this section apply to all truck stops and travel plazas in addition to other applicable provisions of this UDO.

(b)

Minimum parcel area and road frontage. The minimum parcel area for establishment of a new truck stop or travel plaza is ten acres with at least 200 feet of direct road frontage on a collector or arterial road.

(c)

Location. The parcel on which the truck stop/travel plaza is located must be within 2,000 feet of the centerline of the nearest interstate highway exit/entry ramp.

(d)

Parking and fueling stations. Fueling areas for automobiles and fueling areas for trucks must be separated. Pump island canopies may not exceed 22 feet in height.

(e)

Operations.

(1)

All activities and operations shall be conducted entirely within an enclosed structure, except as follows:

a.

The dispensing of petroleum products, water and air from pump islands.

b.

The provision of emergency service of a minor nature.

(2)

No vehicle shall be parked on the premises for the purposes of offering the vehicle for sale and no used or discarded automotive parts or equipment or disabled, junked, or wrecked vehicles shall be located in any open area.

(f)

Noise. If the parcel on which the truck stop/travel plaza is located is within 1,320 feet of an RR, R or PD zoning district, the applicant must provide a noise impact study prepared by a qualified acoustical consultant and must propose necessary mitigation measures to ensure that noise levels at the boundary of the nearest RR, R or PD zoning districts will not exceed 60 dBA between the hours of 10:00 p.m. and 7:00 a.m. The applicant must also propose idling time restrictions and means of ensuring compliance with such restrictions. The purpose of such restrictions is to reduce noise and air quality-related impacts. Noise from bells or loudspeakers shall not be audible beyond the property line at any time.

(g)

Parking. All parking areas must be paved and fully comply with current Bryan County landscaping and storm water management requirements. A parking lot separated from the truck fueling/parking area must be provided for employees and passenger vehicles utilizing the facility.

(h)

Adult uses. No adult uses activities as defined by this UDO are permitted.

(i)

Security. The truck stop/travel plaza must be designed with adequate lighting, fencing, security cameras, access control, signs, etc. to mitigate the potential for crime.

(j)

Additional requirements. The community development director may require design changes or additional landscaping, screening, and berms as necessary to minimize the visual and noise impact of the truck stop or travel plaza on adjacent properties.

(Ord. No. 06-2020, § 3, 12-8-2020; Ord. No. 16-2021, § 2, 8-10-2021; Ord. No. 09-2024, § 2, 4-9-2024)

Editor's note— Former § 114-747. See Editor's Note, § 114-740.

This section applies to automobile, trailer, truck, farm equipment, heavy equipment, manufactured home, boat, recreational vehicle or motorcycle sales, and such sales shall comply with the following supplemental regulations:

(a)

The minimum lot size shall be one acre with a minimum lot width of 200 feet.

(b)

Signs shall conform to the requirements of article VI, division 8.

(c)

Temporary or portable structures are not permitted.

(d)

Outdoor displays shall conform to the following:

(1)

Vehicles, for sale or otherwise, shall be parked on approved paved surfaces.

(2)

Vehicle display areas shall not be located within any required streetyard or buffer area, as specified in article VI, division 5, and shall be outside of public rights-of-way.

(3)

Vehicle display or storage shall not be allowed in areas required for visitor, employee or service parking.

(e)

All other merchandise available for sale, including, but not limited to, clothing, accessories, tires, collectibles etc. shall be sold and displayed within an enclosed building.

(f)

All service work, including vehicle washing, repair and general maintenance, shall be conducted entirely within an enclosed building.

(g)

Audible paging systems or outdoor speakers are not permitted.

(h)

The use of spotlights is prohibited.

(i)

If the lot will be lighted at night, the property owner shall submit a lighting plan, including photometric details, with the site plan application.

(Ord. No. 06-2020, § 3, 12-8-2020; Ord. No. 16-2021, § 2, 8-10-2021)

Editor's note— Former § 114-748. See Editor's Note, § 114-740.

The following regulations shall apply to all vehicle washing facilities, whether as a principal or accessory use:

(a)

All washing activities other than drying of vehicles must occur inside a building.

(b)

Required stacking spaces for waiting vehicles shall not be located within a public or private right- of-way and shall not conflict with maneuvering areas, parking spaces and other activities. Stacking lanes shall be designed to prevent vehicle queues from extending beyond the property.

(c)

Wastewater must be recycled, filtered or otherwise cleansed to minimize discharge of soap, wax and solid matter into public sewers.

(d)

For automated drive-through wash facilities, a by-pass lane is required that allows by-passing waiting vehicles.

(e)

Overhead doors shall not face a street, except as approved by the community development director in these circumstances:

(1)

When the doors of a through-garage are located at the front and rear of a building; or

(2)

When a garage is located on a corner or through lot; or

(3)

When determined that a rear garage door would negatively affect an abutting residential use or district.

(f)

A vehicle wash facility building and any accessory buildings and uses, including vacuums, shall be located at least 100 feet from a street right-of-way line and any RR, R, or PD district boundary.

(g)

The property owner or operator must comply with all nuisance regulations. Air handling equipment shall be located on a roof, be equipped with intervening noise reduction baffles and be in proper working condition.

(Ord. No. 06-2020, § 3, 12-8-2020; Ord. No. 16-2021, § 2, 8-10-2021)

Editor's note— Former § 114-749. See Editor's Note, § 114-740.

Wrecking, salvage, and junk yards are subject to the following requirements:

(a)

No yards shall be permitted closer than 500 feet to any RR-1, R-15, R-M or R-MH zoning districts as measured between the nearest property lines.

(b)

All yards must be completely screened by a solid fence or wall a minimum of eight feet above grade. All such fences must be perpetually maintained in good condition and, except for masonry fences or walls, must be painted. Fences and walls associated with this requirement are not subject to the height limitations identified in section 114-632(d). Final height shall be approved by the Community Development Director based on the screening objectives of these supplemental requirements, the adjacent uses, topography, and location of storage areas.

(c)

No materials shall be stacked higher than the screen fence or wall.

(d)

There shall be no temporary or permanent storage at a yard of vehicles or junk outside the fence or wall required by paragraph (b) of this section.

(Ord. No. 06-2020, § 3, 12-8-2020; Ord. No. 16-2021, § 2, 8-10-2021)

Editor's note— Former § 114-750. See Editor's Note, § 114-740.