ZONING DISTRICTS AND USES
The use of buildings, structures, and land shall comply with the use requirements for zoning districts set forth in this UDO. Buildings, structures, or land shall be occupied or used only in conformity with all of the regulations set forth herein for the district in which it is located.
The official zoning map and official zoning block maps, Butts County, Georgia, are hereby designated to be section 2.01.01 of this Code. Any reference to the official map or official maps in this Code refers to the official zoning map and official zoning block maps, Butts County, Georgia. All properties within the unincorporated portions of Butts County, Georgia, shall be zoned as set forth on the official county zoning map and the official zoning block maps of the county, as amended from time to time. The official maps shall be kept under the custody of the community development department and shall be subject to public inspection. The official county zoning maps are incorporated in this ordinance by express reference.
A-R agricultural-residential. A-R zoning districts are intended to establish and preserve quiet areas where the primary activities are those of farming, agriculture, livestock, timber cultivation, and related uses consistent with maintaining the land resources of Butts county reserved for these purposes. Residences of a low-density nature which are incidental to these activities are also permitted. These districts are free from other uses which are incompatible with a low-density, agricultural-residential neighborhood.
(a)
R-1 single-family residential—low density. R-1 zoning districts are intended to establish and preserve quiet, relatively low-density neighborhoods of single-family residences as desired by large numbers of people. These districts are free from other uses which are incompatible with single-family homes.
(b)
R-2 single-family residential—medium density. R-2 zoning districts are intended to establish and preserve quiet, relatively low-density neighborhoods of single-family residences as desired by large numbers of people, but at a higher density of development than that allowed in R-1 districts. These districts are free from other uses which are incompatible with single-family homes.
(c)
R-3 single-family residential—high density. R-3 zoning districts are intended to establish and preserve quiet neighborhoods of single-family residences of relatively high density. Required development standards permit stable, attractive residential neighborhoods to be established and preserved, while the higher permitted density reduces the costs of housing and the costs of providing services to them. The R-3 district is allowed only for existing housing and lots of record zoned R-3. It shall not be available for new developments, subdivisions or lots and shall not constitute an available zoning district for any landowner or applicant seeking re-zoning.
(d)
R-4 general residential. R-4 zoning districts are intended to establish and preserve quiet neighborhoods of single-family duplex and multi-family residences of relatively high density. Required development standards permit stable, attractive residential neighborhoods to be established and preserved, while higher permitted density reduces the costs of housing and the costs of providing services to them. The R-4 district is allowed only for existing housing and lots of record currently zoned R-4. It shall not be available for new developments, subdivisions or lots and shall not constitute an available zoning district for any landowner or applicant seeking re-zoning.
(e)
R-5 residential—manufactured home communities. R-5 zoning districts are intended to provide a place for manufactured housing communities, as more fully provided in, and subject to, the requirements of section 4.08.00.
(f)
R-M multi-family residential. R-M zoning districts are intended to establish and preserve quiet neighborhoods of multi-family residences of relatively high density. Required development standards permit stable, attractive residential neighborhoods to be established and preserved, while the higher permitted density reduces the costs of housing and the costs of providing services to them. R-M districts are permitted only where public water is provided.
(a)
O-1 office-residential. O-1 zoning districts are intended to establish and preserve districts for lower density office activities with a mix of certain compatible residential activities also permitted. In many cases the O-1 district may be appropriate to provide a transition from residential uses where it is elected not to use a buffer for such purposes and where adequate space exists for such a transition area. O-1 district development standards require adequate setback space and off-street parking and service facilities. Permitted uses are restricted and protected from encroachment by uses capable of adversely affecting the limited character of the district.
(b)
C-1 commercial light/neighborhood. C-1 zoning districts are intended to establish and preserve small business areas of a limited nature that serve primarily the residential neighborhood in which they are located. Development standards for C-1 districts are designed to promote compatibility with the surrounding residential neighborhood.
(c)
C-2 commercial—general/highway. C-2 zoning districts are intended to establish and preserve business areas that are motor vehicle oriented, rather than pedestrian oriented. C-2 districts provide areas that are convenient and attractive for retail activities, business transactions, and services to the public designed primarily to meet the day-to-day shopping and service needs not only of residents of Butts County, but of surrounding communities as well. Off-street parking and minimum setbacks are required. These areas are more suburban in nature than of a "downtown" character.
(a)
M-1 manufacturing—light. M-1 zoning districts are intended to establish and preserve physically and aesthetically desirable areas in which clean, low-intensity manufacturing activities may locate and be protected from the intrusion of incompatible land uses. By having such areas available, both new and existing industries may operate and undertake expansion of facilities with the least possible adverse effect on other types of activities which might be incompatible with manufacturing. The elimination of non-manufacturing activities from M-1 districts benefits manufacturing activities by removing some possible obstacles to their smooth operation and expansion.
(b)
M-2 manufacturing—general. M-2 zoning districts are intended to establish and preserve physically and aesthetically desirable areas in which higher intensity manufacturing activities may locate and be protected from the intrusion of incompatible land uses. By having such areas available, both new and existing industries may operate and undertake expansion of facilities with the least possible adverse effect on other types of activities which might be incompatible with manufacturing. The elimination of non-manufacturing activities from M-2 districts benefits manufacturing activities by removing some possible obstacles to their smooth operation and expansion.
(c)
M-3 manufacturing—heavy. M-3 zoning districts are intended to establish and preserve physically and aesthetically desirable areas in which heavy manufacturing activities may locate and be protected from the intrusion of incompatible land uses. By having such areas available, both new and existing industries may operate and undertake expansion of facilities with the least possible adverse effect on other types of activities which might be incompatible with manufacturing. The elimination of non-manufacturing activities from M-3 districts benefits manufacturing activities by removing some possible obstacles to their smooth operation and expansion. M-3 districts are permitted only where frontage on an arterial street/road is available.
In regards to properties in the M-1, M-2 and M-3 zoning districts, no activity which is part of the principal use shall occur on the setback (i.e., where a recycling center is established, no part of the collection or storage of the recyclable materials shall occur in the setback).
(a)
P-M planned development—mixed use. P-M zoning districts are intended to provide for planned developments with mixed use.
(b)
P-R planned development—residential. P-R zoning districts are intended to provide for planned residential communities which may include both residential use and commonly associated civic and public uses.
(a)
Districts are areas of land within Butts County to which different development requirements and standards are applied. These differences are intended to promote the separation of incompatible uses, encourage sound land use patterns, and retain the character of the community. Although this ordinance establishes the locations of district boundaries, as indicated on the official map, the boundaries may be amended in the future in order to meet changing needs if facts are presented and accepted in support of such an amendment.
(b)
In making the decision to amend the boundary of a district, the standards for the exercise of the zoning power as well as the other specific criteria in the UDO should be considered by the planning and zoning commission as well as the board of commissioners.
(a)
The Butts County comprehensive plan was prepared by the planning and zoning commission and adopted by the board of commissioners of Butts County. It should provide the best possible indication of desirable land use patterns that will meet projected future demand for land uses of various types. The Butts County land use plan supplies a body of information on which decisions on future development may be made that are guided by sound planning principles. The plan does not legally regulate land uses. It contains a land use map which shows suitable areas for various types of land uses. Actual land uses may not necessarily conform to the land use map.
(b)
The zoning districts contained on the official map carry standards which must be met by all new development and construction in the County. The arrangement of zoning districts is based on land use information contained in the Butts County comprehensive plan. Establishment and amendment of zoning district boundaries should be in conformance with the Butts County comprehensive plan. (This does not necessarily mean a one-to-one correspondence.) This ensures that such amendments to the official map are based on defensible findings of fact as well as sound comprehensive planning principles.
The following table of permitted uses is hereby adopted. No principal use shall be established on any property unless it is shown as permitted, by right or subject to special use approval, for the applicable zoning district on the table of permitted uses. A "P" on the table of permitted uses means that the listed use is permitted in the particular zoning classification. An "SU" on the table of permitted uses means that the use is permitted in the particular zoning district as a special use. Uses shown as permitted by right or by special use are subject to the regulations and restrictions provided in this UDO.
(Ord. of 4-12-2021(1), § 1; Ord. of 5-24-2021, § 1.B.; Ord. of 6-14-2021(2), § 1; Ord. of 6-14-2021(4), § 1)
The following table of lot standards shows the minimum lot size; minimum floor area per dwelling unit; minimum lot width; minimum front yard setback from right-of-way of street for arterial streets, collector streets, and other streets; minimum side setback; maximum building height; and minimum rear setback for lots in each zoning classification. No lot shall be used or created in a manner that violates any of the regulations shown in the table of lot standards for that lot's particular zoning classification, except by grant of variance.
1. The front of all buildings must be at least 35 feet from the front property line.
2. This height limit does not apply to projections not intended for human habitation. For buildings and structures with such projections, the minimum required setbacks must be increased one foot for every two feet (or part of two feet) of height greater than 35 feet.
3. This height limit does not apply to projections not intended for human habitation, except for satellite, television, and radio antennas, to which this limit does apply. For buildings and structures with such projections, the minimum required setbacks must be increased one foot for every two feet (or part of two feet) of height greater than 35 feet.
4. A lot of record lawfully existing at the time of passage of this ordinance and having an area of less than one acre (nonconforming) may nevertheless be developed with a use which is permitted within this district if approved by the Butts County health department.
5. If abutting a stream, 100 feet from the stream bank.
6 Total for both side yards of 20 feet (for example, side yards of ten feet and ten feet, or side yards of five feet and 15 feet, or side yards of ten feet or less). If the side lot line adjoins an R-1 or R-2 district, the minimum required side yard is 30 feet, regardless of the type of wall.
7 A lot of record lawfully existing at the time of passage of this ordinance and having an area of less than three-quarters of an acre (non-conforming) may nevertheless be developed with a use which is permitted within this district if approved by the Butts County health department.
8 The front of all buildings must be at least 75 feet from the front property line.
9 The front of all buildings must be at least 50 feet from the front property line.
10 The front of all buildings must be at least 100 feet from the front property line.
11 Fifteen feet, unless abutting a district other than M-1, M-2, or M-3. In that case, the minimum setback is 100 feet.
12 Thirty feet, unless abutting a district other than M-1, M-2 or M-3. In that case, the minimum setback is 100 feet.
13 Fifty feet, unless abutting an M-1, M-2 or M-3 district. In that case, the minimum setback is 200 feet.
14 These minimum standards apply unless there is an approved plan for development of the property as a P-R district, in which case the minimum standard specified by the approved plan will apply.
15 The maximum building height may be raised to 55 feet if the Butts County fire marshal so approves based upon a finding that an appropriate fire suppression system is provided for the facility and the zoning administrator determines that the additional height shall not unduly impact the surrounding community.
ZONING DISTRICTS AND USES
The use of buildings, structures, and land shall comply with the use requirements for zoning districts set forth in this UDO. Buildings, structures, or land shall be occupied or used only in conformity with all of the regulations set forth herein for the district in which it is located.
The official zoning map and official zoning block maps, Butts County, Georgia, are hereby designated to be section 2.01.01 of this Code. Any reference to the official map or official maps in this Code refers to the official zoning map and official zoning block maps, Butts County, Georgia. All properties within the unincorporated portions of Butts County, Georgia, shall be zoned as set forth on the official county zoning map and the official zoning block maps of the county, as amended from time to time. The official maps shall be kept under the custody of the community development department and shall be subject to public inspection. The official county zoning maps are incorporated in this ordinance by express reference.
A-R agricultural-residential. A-R zoning districts are intended to establish and preserve quiet areas where the primary activities are those of farming, agriculture, livestock, timber cultivation, and related uses consistent with maintaining the land resources of Butts county reserved for these purposes. Residences of a low-density nature which are incidental to these activities are also permitted. These districts are free from other uses which are incompatible with a low-density, agricultural-residential neighborhood.
(a)
R-1 single-family residential—low density. R-1 zoning districts are intended to establish and preserve quiet, relatively low-density neighborhoods of single-family residences as desired by large numbers of people. These districts are free from other uses which are incompatible with single-family homes.
(b)
R-2 single-family residential—medium density. R-2 zoning districts are intended to establish and preserve quiet, relatively low-density neighborhoods of single-family residences as desired by large numbers of people, but at a higher density of development than that allowed in R-1 districts. These districts are free from other uses which are incompatible with single-family homes.
(c)
R-3 single-family residential—high density. R-3 zoning districts are intended to establish and preserve quiet neighborhoods of single-family residences of relatively high density. Required development standards permit stable, attractive residential neighborhoods to be established and preserved, while the higher permitted density reduces the costs of housing and the costs of providing services to them. The R-3 district is allowed only for existing housing and lots of record zoned R-3. It shall not be available for new developments, subdivisions or lots and shall not constitute an available zoning district for any landowner or applicant seeking re-zoning.
(d)
R-4 general residential. R-4 zoning districts are intended to establish and preserve quiet neighborhoods of single-family duplex and multi-family residences of relatively high density. Required development standards permit stable, attractive residential neighborhoods to be established and preserved, while higher permitted density reduces the costs of housing and the costs of providing services to them. The R-4 district is allowed only for existing housing and lots of record currently zoned R-4. It shall not be available for new developments, subdivisions or lots and shall not constitute an available zoning district for any landowner or applicant seeking re-zoning.
(e)
R-5 residential—manufactured home communities. R-5 zoning districts are intended to provide a place for manufactured housing communities, as more fully provided in, and subject to, the requirements of section 4.08.00.
(f)
R-M multi-family residential. R-M zoning districts are intended to establish and preserve quiet neighborhoods of multi-family residences of relatively high density. Required development standards permit stable, attractive residential neighborhoods to be established and preserved, while the higher permitted density reduces the costs of housing and the costs of providing services to them. R-M districts are permitted only where public water is provided.
(a)
O-1 office-residential. O-1 zoning districts are intended to establish and preserve districts for lower density office activities with a mix of certain compatible residential activities also permitted. In many cases the O-1 district may be appropriate to provide a transition from residential uses where it is elected not to use a buffer for such purposes and where adequate space exists for such a transition area. O-1 district development standards require adequate setback space and off-street parking and service facilities. Permitted uses are restricted and protected from encroachment by uses capable of adversely affecting the limited character of the district.
(b)
C-1 commercial light/neighborhood. C-1 zoning districts are intended to establish and preserve small business areas of a limited nature that serve primarily the residential neighborhood in which they are located. Development standards for C-1 districts are designed to promote compatibility with the surrounding residential neighborhood.
(c)
C-2 commercial—general/highway. C-2 zoning districts are intended to establish and preserve business areas that are motor vehicle oriented, rather than pedestrian oriented. C-2 districts provide areas that are convenient and attractive for retail activities, business transactions, and services to the public designed primarily to meet the day-to-day shopping and service needs not only of residents of Butts County, but of surrounding communities as well. Off-street parking and minimum setbacks are required. These areas are more suburban in nature than of a "downtown" character.
(a)
M-1 manufacturing—light. M-1 zoning districts are intended to establish and preserve physically and aesthetically desirable areas in which clean, low-intensity manufacturing activities may locate and be protected from the intrusion of incompatible land uses. By having such areas available, both new and existing industries may operate and undertake expansion of facilities with the least possible adverse effect on other types of activities which might be incompatible with manufacturing. The elimination of non-manufacturing activities from M-1 districts benefits manufacturing activities by removing some possible obstacles to their smooth operation and expansion.
(b)
M-2 manufacturing—general. M-2 zoning districts are intended to establish and preserve physically and aesthetically desirable areas in which higher intensity manufacturing activities may locate and be protected from the intrusion of incompatible land uses. By having such areas available, both new and existing industries may operate and undertake expansion of facilities with the least possible adverse effect on other types of activities which might be incompatible with manufacturing. The elimination of non-manufacturing activities from M-2 districts benefits manufacturing activities by removing some possible obstacles to their smooth operation and expansion.
(c)
M-3 manufacturing—heavy. M-3 zoning districts are intended to establish and preserve physically and aesthetically desirable areas in which heavy manufacturing activities may locate and be protected from the intrusion of incompatible land uses. By having such areas available, both new and existing industries may operate and undertake expansion of facilities with the least possible adverse effect on other types of activities which might be incompatible with manufacturing. The elimination of non-manufacturing activities from M-3 districts benefits manufacturing activities by removing some possible obstacles to their smooth operation and expansion. M-3 districts are permitted only where frontage on an arterial street/road is available.
In regards to properties in the M-1, M-2 and M-3 zoning districts, no activity which is part of the principal use shall occur on the setback (i.e., where a recycling center is established, no part of the collection or storage of the recyclable materials shall occur in the setback).
(a)
P-M planned development—mixed use. P-M zoning districts are intended to provide for planned developments with mixed use.
(b)
P-R planned development—residential. P-R zoning districts are intended to provide for planned residential communities which may include both residential use and commonly associated civic and public uses.
(a)
Districts are areas of land within Butts County to which different development requirements and standards are applied. These differences are intended to promote the separation of incompatible uses, encourage sound land use patterns, and retain the character of the community. Although this ordinance establishes the locations of district boundaries, as indicated on the official map, the boundaries may be amended in the future in order to meet changing needs if facts are presented and accepted in support of such an amendment.
(b)
In making the decision to amend the boundary of a district, the standards for the exercise of the zoning power as well as the other specific criteria in the UDO should be considered by the planning and zoning commission as well as the board of commissioners.
(a)
The Butts County comprehensive plan was prepared by the planning and zoning commission and adopted by the board of commissioners of Butts County. It should provide the best possible indication of desirable land use patterns that will meet projected future demand for land uses of various types. The Butts County land use plan supplies a body of information on which decisions on future development may be made that are guided by sound planning principles. The plan does not legally regulate land uses. It contains a land use map which shows suitable areas for various types of land uses. Actual land uses may not necessarily conform to the land use map.
(b)
The zoning districts contained on the official map carry standards which must be met by all new development and construction in the County. The arrangement of zoning districts is based on land use information contained in the Butts County comprehensive plan. Establishment and amendment of zoning district boundaries should be in conformance with the Butts County comprehensive plan. (This does not necessarily mean a one-to-one correspondence.) This ensures that such amendments to the official map are based on defensible findings of fact as well as sound comprehensive planning principles.
The following table of permitted uses is hereby adopted. No principal use shall be established on any property unless it is shown as permitted, by right or subject to special use approval, for the applicable zoning district on the table of permitted uses. A "P" on the table of permitted uses means that the listed use is permitted in the particular zoning classification. An "SU" on the table of permitted uses means that the use is permitted in the particular zoning district as a special use. Uses shown as permitted by right or by special use are subject to the regulations and restrictions provided in this UDO.
(Ord. of 4-12-2021(1), § 1; Ord. of 5-24-2021, § 1.B.; Ord. of 6-14-2021(2), § 1; Ord. of 6-14-2021(4), § 1)
The following table of lot standards shows the minimum lot size; minimum floor area per dwelling unit; minimum lot width; minimum front yard setback from right-of-way of street for arterial streets, collector streets, and other streets; minimum side setback; maximum building height; and minimum rear setback for lots in each zoning classification. No lot shall be used or created in a manner that violates any of the regulations shown in the table of lot standards for that lot's particular zoning classification, except by grant of variance.
1. The front of all buildings must be at least 35 feet from the front property line.
2. This height limit does not apply to projections not intended for human habitation. For buildings and structures with such projections, the minimum required setbacks must be increased one foot for every two feet (or part of two feet) of height greater than 35 feet.
3. This height limit does not apply to projections not intended for human habitation, except for satellite, television, and radio antennas, to which this limit does apply. For buildings and structures with such projections, the minimum required setbacks must be increased one foot for every two feet (or part of two feet) of height greater than 35 feet.
4. A lot of record lawfully existing at the time of passage of this ordinance and having an area of less than one acre (nonconforming) may nevertheless be developed with a use which is permitted within this district if approved by the Butts County health department.
5. If abutting a stream, 100 feet from the stream bank.
6 Total for both side yards of 20 feet (for example, side yards of ten feet and ten feet, or side yards of five feet and 15 feet, or side yards of ten feet or less). If the side lot line adjoins an R-1 or R-2 district, the minimum required side yard is 30 feet, regardless of the type of wall.
7 A lot of record lawfully existing at the time of passage of this ordinance and having an area of less than three-quarters of an acre (non-conforming) may nevertheless be developed with a use which is permitted within this district if approved by the Butts County health department.
8 The front of all buildings must be at least 75 feet from the front property line.
9 The front of all buildings must be at least 50 feet from the front property line.
10 The front of all buildings must be at least 100 feet from the front property line.
11 Fifteen feet, unless abutting a district other than M-1, M-2, or M-3. In that case, the minimum setback is 100 feet.
12 Thirty feet, unless abutting a district other than M-1, M-2 or M-3. In that case, the minimum setback is 100 feet.
13 Fifty feet, unless abutting an M-1, M-2 or M-3 district. In that case, the minimum setback is 200 feet.
14 These minimum standards apply unless there is an approved plan for development of the property as a P-R district, in which case the minimum standard specified by the approved plan will apply.
15 The maximum building height may be raised to 55 feet if the Butts County fire marshal so approves based upon a finding that an appropriate fire suppression system is provided for the facility and the zoning administrator determines that the additional height shall not unduly impact the surrounding community.