The mayor and city council of Byron have divided the City of Byron into the following zoning districts: Article III, Section 1, Table 1.

These districts are shown on the official map for the City of Byron. This map is open for public inspection in the city clerk's office.

In addition to the above listed zoning districts, the City of Byron has approved a residential planned unit development district zoning category which will permit residential planned unit development districts. Whenever such a district is approved, it will be shown on the official map for the City of Byron.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

The following rules shall apply when determining the exact boundaries of zoning districts as shown on the official map:

(1)

Boundaries shown as following the centerlines of streets, highways, or alleys shall follow such centerlines.

(2)

Boundaries shown as following platted lot lines shall follow such lines.

(3)

Boundaries shown as following the city limits shall follow such limits.

(4)

Boundaries shown as following railroad lines shall be midway between the main track lines.

(5)

Boundaries shown as following the banks of streams shall follow the centerlines of such streams, and in the event of a course change of such stream the centerline shall be construed as moving with the actual stream.

(6)

Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

(7)

Where physical features are at variance with those shown on the official zoning map, or not covered by subsections (1) through (6) above, the zoning review board shall interpret the district boundaries.

(8)

When any street or alley is officially vacated or abandoned, the regulations applying to each lot and/or parcel of abutting property shall apply to that portion of such street or alley added to the property.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

The regulations established by this ordinance within each district apply uniformly to each class or kind of structure or land.

Except as otherwise provided in this ordinance:

(1)

No building, structure, or land shall be used or occupied, and no building or structure or part(s) thereof shall be erected, constructed, reconstructed, moved, or altered except in conformance with the regulations specified in this ordinance for the district in which it is located.

(2)

No building or other structure shall be erected or altered:

a.

To exceed the height or bulk limitations;

b.

To accommodate or house a greater than permitted number of families;

c.

To occupy a greater than permitted percentage of lot area;

d.

To have a narrower or smaller than permitted front yard, side yards, or other open spaces; or

e.

Contrary to the provisions of this ordinance.

(3)

For the purpose of complying with this ordinance, no open space shall fulfill the open space requirements of another building.

(4)

Yards or lots created after the effective date of this ordinance shall meet at least the minimum requirements established by this ordinance.

(5)

There may be no parking of commercial vehicles, tractor trailers, semi-trucks, or any combination thereof in zoning districts R-1, R-2, R-3, R-PUD, R-MH, and C-2. Please see [Section 1] and Appendix Z-I.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

This agricultural district is intended to apply to areas whose present or prospective use is primarily agricultural. The regulations for this district permit reasonable use of the property, while preventing conditions which would cause blight and/or prevent its proper future use. This agricultural district generally requires land with a lot size of 12 acres or more.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

The following uses are permitted to the A-1 district. See article II, permitted use table. (Permitted use table is maintained by the City of Byron; however, should there be any conflict between the permitted use table and the within textual ordinance, the provisions of the within textual ordinance shall control.)

Permitted Use Table Supplementary Requirements

Riding stables, when located on a tract of land of not less than 12 acres; provided that no structure, pen, or corral housing animals shall be closer than 200 feet from any property line, and provided that the density shall not exceed two animals per acre of lot area.

(a)

Home occupations. Home occupations are permitted in a completely enclosed building provided that all business is conducted by phone, including the Internet; no customer or commercial traffic at or to the residence is involved; and there are no advertising signs or commercial vehicles at the residence. All home occupations or businesses, when or if allowed, must apply for, pay for, and obtain a business license prior to beginning operations.

Single-family dwellings, including factory-built modular homes but not mobile homes (single or double wide) shall be allowed (see following page for minimum lot area, lot width, and maximum lot coverage).

(b)

Cultivation and production of food crops; truck farms.

(c)

Beekeeping.

(d)

Plant nurseries and greenhouses.

(e)

Riding stables, when located on a tract of land of not less than ten acres; provided that no structure, pen, or corral housing animals shall be closer than 200 feet from any property line, and provided that the density shall not exceed two animals per acre of lot area.

(f)

Non-commercial animal slaughtering, and the non-commercial confinement of animals for feeding, finishing and non-commercial preparation for slaughter.

(g)

Churches, with their attendant educational buildings and recreational facilities.

(h)

Schools, public and private, with conventional academic curriculums, including vocational-technical schools and colleges.

(i)

Clubs, such as country and golf clubs, or similar organizations; but excluding gun clubs, archery clubs, or similar organizations.

(j)

Cemeteries, mausoleums.

(k)

Veterinary hospitals and kennels.

(l)

Recreational facilities, open to the public, such as, but not limited to, athletic fields, stadiums, racetracks, golf driving ranges, swimming pools.

(m)

Animal or stock grazing, feeding, including cattle, horses, and goats, but excluding swine.

(n)

Telecommunications towers no more than 80 feet high.

(o)

Where a use is neither permitted nor prohibited, and the zoning administrator does not find any use which is substantially similar in either the permitted or prohibited uses, the zoning administrator shall consider an application for such proposed use, the facts, and circumstances relating to the proposed use, and make a decision regarding the granting or denial of the proposed use. In making a decision, the zoning administrator shall consider the following: the overall nature, purpose, and stated intent for the zoning designation; the nature and characteristics of the permitted uses listed; the nature and characteristics of the prohibited uses listed; the lot size and general location of the proposed use; the surrounding permitted uses; and any regulations listed for the zoning classification of the proposed use regarding design or building standards. Any decision adverse to the applicant is subject to review upon application or request of the applicant and shall be considered under the procedures provided for in appendix A, part 3, article VIII.

A-1 DISTRICT DWELLING UNIT LOT SIZE REGULATION
(Article II, Section 2, Table 1)

(Ord. No. 2023-12, Exh. A, 4-8-2024)

All activities in this A-1 district shall comply with the parking requirements as contained in appendix Z-I.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

This district provides areas for single-family dwellings and necessary accessory buildings. The regulations are designed to promote the continued use of the land for single-family dwellings, to promote and encourage a suitable environment for family life, to prohibit uses of the land which would substantially interfere with development or construction of single-family dwellings in the district. The uses within these districts are structures and uses required to serve the residents. No commercial vehicles are allowed other than non-commercial, company vehicles used to get to and from place of employment. As used in this subsection, non-commercial, company vehicle is limited to passenger vehicles, light SUVs, light pickup trucks up to one ton, which must be parked in the driveway, or within an enclosed building/garage, or in a fenced rear yard with a height of six feet. The number of the aforementioned vehicles shall not exceed the number of bedrooms as listed on the current Peach County Tax Assessor's website or official records. No vacant residential lot shall be used for such parking. No abandoned or junk autos shall be parked in this district, except in a completely enclosed structure. For the purpose of this section, an abandoned motor vehicle is defined as one that is in a state of disrepair and incapable of being moved under its own power.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

The following uses are permitted in the R-1: low density residential district (single-family): see article II permitted use table (permitted use table is maintained by the City of Byron; however, should there be any conflict between the permitted use table and the within textual ordinance, the provisions of the within textual ordinance shall control).

Permitted Use Table Supplementary Requirements

(a)

Home occupations. Home occupations, and any goods associated therewith, are permitted in a completely enclosed building provided that all business is conducted by phone, including the Internet; no customer or commercial traffic at or to the residence is involved; and there are no advertising signs or commercial vehicles at the residence. Notwithstanding any other language herein, no business licenses or permits shall be granted by the city to any applicant for any type of business located on any property which is subject to homeowner's association (HOA), land covenants, or other land restrictions which prohibit home occupations so long as said HOA, covenants, or restrictions remain in effect or are enforceable. The burden to show the absence, the termination, or expiration of any HOA, covenants, or restrictions is solely upon the applicant.

(b)

Detached single-family dwellings, not including trailers, or mobile homes, or manufactured homes, or modular homes. No mobile home, manufactured home, whether double or single wide, shall be permitted and no modular or factory-built homes may be permitted regardless of whether on permanent foundations and fully underpinned with concrete or brick, set in mortar on an adequate foundation, or not. See R-1 district dwelling unit lot size regulations contained in this section 2 for minimum lot area, minimum lot width, and maximum lot coverage.

(c)

Where a use is neither permitted nor prohibited, and the zoning administrator does not find any use which is substantially similar in either the permitted or prohibited uses, the zoning administrator shall consider an application for such proposed use, the facts, and circumstances relating to the proposed use, and make a decision regarding the granting or denial of the proposed use. In making a decision, the zoning administrator shall consider the following: the overall nature, purpose, and stated intent for the zoning designation; the nature and characteristics of the permitted uses listed; the nature and characteristics of the prohibited uses listed; the lot size and general location of the proposed use; the surrounding permitted uses; and any regulations listed for the zoning classification of the proposed use regarding design or building standards. Any decision adverse to the applicant is subject to review upon application or request of the applicant and shall be considered under the procedures provided for in appendix A, part 3, article VIII.

R-1 DISTRICT DWELLING UNIT LOT SIZE REGULATION
(Article II, Section 3, Table 1)

(Ord. No. 2023-12, Exh. A, 4-8-2024)

Accessory buildings including private garage to serve the residences.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

Activities in this R-1 district shall comply with all off-street parking requirements as contained in appendix Z-I.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

This district provides areas within the city for non-commercial, medium density residential developments. Residential development shall be limited in height and ground coverage to encourage medium density, multiple-family structures, duplexes, and single-family residences, but not multi-family structures of more than three residences. Further purposes of this zone are to remain and encourage residential and non-commercial structures and to encourage in-fill developments, but not by mass housing, clustered housing, disguised apartments, tiny housing structures, or other high-density developments which are more appropriate in zone R-3.

This district shall be the only areas in the city served, or capable of being served, by adequate public facilities, including streets and sanitary sewer systems of sufficient size to accommodate a more intense use of land.

The regulations for this district are designed to stabilize, protect, and provide the essential characteristics of an acceptable residential environment, as much as possible, with the more intense use of the land permitted by these regulations.

No garage work, body work, or other noise, odor, or glare-producing work for other than immediate family vehicle repairs shall be permitted. No mobile home, manufactured home, whether double or single wide, shall be permitted and no modular homes may be permitted regardless of whether on permanent foundations and fully underpinned with concrete or brick, set in mortar on an adequate foundation, or not.

The size lot for any structures within R-2 district: medium density residential area shall be a maximum of two acres.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

The following uses are permitted in the R-2. See Article II Permitted Use Table. (Permitted use table is maintained by the City of Byron; however, should there be any conflict between the permitted use table and the within textual ordinance, the provisions of the within textual ordinance shall control.)

Permitted Use Table Supplementary Requirements

(a)

Home occupations. Home occupations, and any goods associated therewith, are permitted in a completely enclosed building provided that all business is conducted by phone, including the Internet; no customer or commercial traffic at or to the residence is involved; and there are no advertising signs or commercial vehicles at the residence. Notwithstanding any other language herein, no business licenses or permits shall be granted by the city to any applicant for any type of business located on any property which is subject to homeowner's association (HOA), land covenants, or other land restrictions which prohibit home occupations so long as said HOA, covenants, or restrictions remain in effect or are enforceable. The burden to show the absence, the termination, or expiration of any HOA, covenants, or restrictions is solely upon the applicant.

(b)

Single-family residences, duplexes, and three-family residences (see the following R-2 table for minimum lot areas, lot widths, and maximum lot coverages).

(c)

Churches, or similar places of worship, with necessary accessory structures, but not including mission, revival, or evangelist tents.

(d)

Elementary, junior, and senior high schools, both public and private.

(e)

Public parks, playgrounds, playfields, and neighborhood or municipal recreation buildings, and uses which are in keeping with the character and requirements of the district.

(f)

Libraries, community centers, and other public buildings.

(g)

Fire stations.

(h)

Where a use is neither permitted nor prohibited, and the zoning administrator does not find any use which is substantially similar in either the permitted or prohibited uses, the zoning administrator shall consider an application for such proposed use, the facts, and circumstances relating to the proposed use, and make a decision regarding the granting or denial of the proposed use. In making a decision, the zoning administrator shall consider the following: the overall nature, purpose, and stated intent for the zoning designation; the nature and characteristics of the permitted uses listed; the nature and characteristics of the prohibited uses listed; the lot size and general location of the proposed use; the surrounding permitted uses; and any regulations listed for the zoning classification of the proposed use regarding design or building standards. Any decision adverse to the applicant is subject to review upon application or request of the applicant and shall be considered under the procedures provided for in appendix A, part 3, article VIII.

R-2 DISTRICT (SINGLE FAMILY) DWELLING UNIT LOT SIZE REGULATION
(Article II, Section 4.1.1, Table 1)

* The planning and zoning board may consider lot sizes less than 15,000 above if planning and zoning determines that the structures are compliant and are in-fill developments, and not by mass housing, clustered housing, disguised apartments, tiny housing structures, or other high-density developments which are more appropriate in zone R-3.

R-2 DISTRICT (MULTIPLE-FAMILY) DWELLING UNIT LOT SIZE REGULATION
(Article II, Section 4, Table 2)

1 Cannot exceed three stories in height.

2 Each multifamily development must have 550 square feet of common open space for each dwelling unit. This open space cannot be used for any other purpose.

R-2 DISTRICT (DUPLEX) DWELLING UNIT LOT SIZE REGULATION
(Article II, Section 4, Table 3)

1 Each duplex development must also have an additional 1,000 square feet of common open space for each dwelling unit. This open space cannot be used for any other purpose.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

Activities in the R-2 district shall comply with all off-street parking requirements as contained in appendix Z-I.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

This district permits certain areas to be developed for high density residential use, but not within the original corporate or city limits of the City of Byron as originally established by an act of the Georgia legislature on March 3, 1874. A copy of the map showing the original corporate limits of Byron is available at city hall. The regulations for this district attempt to encourage developments that are compatible with the existing character of the city and would not damage existing neighborhoods.

No mobile home, manufactured home, whether double or single wide, shall be permitted and no modular or factory-built homes may be permitted regardless of whether on permanent foundations or fully underpinned with concrete or brick, or an adequate foundation. No inoperable motor vehicles and or trailers may be kept on any lot except in a fully enclosed structure.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

The following uses are permitted in the R-3 district: high density residential area (multi-family). See article II, permitted use table. (Permitted use table is maintained by the City of Byron; however, should there be any conflict between the permitted use table and the within textual ordinance, the provisions of the within textual ordinance shall control.)

Permitted Use Table Supplementary Requirements

(a)

Home occupations, and any goods associated therewith, are permitted in a completely enclosed building provided that all business is conducted by phone, including the Internet; no customer or commercial traffic at or to the residence is involved; and there are no advertising signs or commercial vehicles at the residence. Notwithstanding any other language herein, no business licenses or permits shall be granted by the city to any applicant for any type of business located on any property which is subject to homeowner's association (HOA), land covenants, or other land restrictions which prohibit home occupations so long as said HOA, covenants, or restrictions remain in effect or are enforceable. The burden to show the absence, the termination, or expiration of any HOA, covenants, or restrictions is solely upon the applicant.

(b)

Single-family residences, duplexes, and multiple-family residences (see following pages for minimum lot areas, lot widths, and maximum lot coverages).

(c)

Home occupations. Home occupations are permitted in a completely enclosed building provided that all business is conducted by phone, including the Internet; no customer or commercial traffic at or to the residence is involved; and there are no advertising signs or commercial vehicles at the residence.

(d)

Residential complexes which are constructed by the city's housing authority, or by nonprofit sponsors receiving financial support from agencies of the federal government, provided that the following minimum requirements are met:

(1)

The density shall not exceed one unit per 1,000 square feet of ground area.

(2)

Parking spaces provided shall not be less than one space per residential unit.

(3)

No minimum apartment size shall be required; however, the average size of all the residential units shall not be less than 500 square feet in floor area.

(4)

The site on which the complex is to be located shall be served by public utilities and streets capable of accommodating the increased residential densities permitted by this section of the ordinance.

(e)

Churches, or similar places of worship, with necessary accessory structures, but not including mission, revival, or evangelical tents.

(f)

Elementary, junior, and senior high schools, both public and private.

(g)

Public parks, playgrounds, playfields, and neighborhood or municipal recreation buildings and uses which are in keeping with the character and requirements of the district.

(h)

Libraries, community centers, and other public buildings.

(i)

Golf courses or country clubs, with adjoining grounds of not less than 20 acres, but not including driving ranges operated for commercial uses.

(j)

Fire stations.

(k)

Kindergartens and day nurseries.

(l)

Where a use is neither permitted nor prohibited, and the zoning administrator does not find any use which is substantially similar in either the permitted or prohibited uses, the zoning administrator shall consider an application for such proposed use, the facts, and circumstances relating to the proposed use, and make a decision regarding the granting or denial of the proposed use. In making a decision, the zoning administrator shall consider the following: the overall nature, purpose, and stated intent for the zoning designation; the nature and characteristics of the permitted uses listed; the nature and characteristics of the prohibited uses listed; the lot size and general location of the proposed use; the surrounding permitted uses; and any regulations listed for the zoning classification of the proposed use regarding design or building standards. Any decision adverse to the applicant is subject to review upon application or request of the applicant and shall be considered under the procedures provided for in appendix A, part 3, article VIII.

R-3 DISTRICT (SINGLE-FAMILY) DWELLING UNIT LOT SIZE REGULATION
(Article II, Section 5, Table 1)

R-3 DISTRICT (DUPLEX) DWELLING UNIT LOT SIZE REGULATION
(Article II, Section 5, Table 2)

1 Each duplex development must also have an additional 1,000 square feet of common open space for each dwelling unit. This open space cannot be used for any other purpose.

R-3 DISTRICT (MULTIPLE-FAMILY) DWELLING UNIT LOT SIZE REGULATION
(Article II, Section 5, Table 3)

1 Cannot exceed three stories in height.

2 Each multifamily development must have 500 square feet of common open space for each dwelling unit. This open space cannot be used for any other purpose.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

Activities in the R-3 district shall comply with all off-street parking requirements as contained in appendix Z-1.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

The purpose of a residential planned unit development district is to offer developers the benefits of efficiency, economy, and flexibility by encouraging unified development of sites, while deriving for the city the advantages of improved appearance, compatibility of uses, optimum service by community facilities, better handling of vehicular access and circulation, and full definition of the proposed development. Review of the development plan by the council shall be in accordance with the regulations of this section and shall ensure that developments are consistent with the objectives of the community's comprehensive plan.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

Within the R-PUD residential planned unit development district, any residential use is permitted with council approval.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

(a)

Requirements for residential planned unit development (R-PUD). Permitted uses for residential planned unit development districts are established above. Use, area, bulk, and height requirements shall be determined by the procedures set forth in this section.

(b)

Specific requirements. In order to qualify for a residential planned unit development district zoning classification a proposed development must first meet the following specific requirement:

(1)

The area proposed shall not be less than 50 acres and shall be in one ownership or management, or if in several ownerships, the application for amendment to this section shall be filed jointly by all of the owners of the properties included in the plan.

(c)

Procedure for approval of a residential planned unit development (R-PUD) district. The filing of a plan for a residential planned unit development shall constitute a request for an amendment to this section and shall meet the requirements specified in this section. In addition, the following regulations shall apply:

(1)

Two copies of a preliminary site plan shall be submitted to the commission.

(2)

The commission shall review the proposals prior to submitting a recommendation to the council. The commission may make reasonable additional requirements including, but not limited to, utilities, drainage, landscaping, and maintenance thereof, lighting, signs and advertising devices, screening, access ways, curb cuts, traffic control, height, and setback of buildings, to protect adjoining uses, or to protect the R-PUD from adjacent uses.

(3)

Approval by the council subsequent to a public hearing constitutes creation of the residential planned unit development (R-PUD) district.

(d)

Preliminary site plan required. The preliminary site plan which accompanies an application for approval of an R-PUD district shall show the following:

(1)

The proposed title of the project and the name of the engineer, architect, designer, or landscape architect, and the development.

(2)

The north point scale, and date; the scale of the site plan shall be not more than 100 feet to one inch.

(3)

Existing zoning and zoning district boundaries and proposed changes in zoning.

(4)

The boundaries of the property involved, the location of all existing easements, section lines, and property lines, existing streets, buildings, and other existing physical features in or adjoining the project.

(5)

The location and size of existing and proposed streets, alleys, driveways, curb cuts, entrances and exits, loading areas (including number of parking and loading spaces), and outdoor lighting systems.

(6)

The location of proposed lots, setback lines, and easements, and proposed reservations for parks, parkways, playgrounds, school sites, and open spaces.

(7)

The location and height of all proposed main and accessory buildings for all structures except single- and two-family dwellings.

(8)

Location, height, and material of all fences, walls, screens, plants and landscaping.

(9)

Proposed location, intended use, and character of all buildings. For residential structures, show the type and number of dwellings.

(10)

Location, character, size, height, and orientation of proposed signs.

(11)

A location map showing the position of the proposed development in relationship to the surrounding area.

(12)

A tabulation of the total number of acres in the project, gross and net, and the percentage thereof proposed to be devoted to different dwelling types, commercial uses, other nonresidential uses, off-street parking, streets, parks, schools, and other public and private reservations.

(13)

A tabulation of the total number of dwelling units of various types in the project and the overall project density in dwelling units per acre, gross and net, as required by district regulations.

(14)

A detailed legal description of the location of the site.

(15)

A discussion of the proposed standards for development including restrictions on the use of the property, density standards and yard requirements restrictive covenants. The commission may establish additional requirements for the preliminary site plan and in special cases, may waive a particular requirement if, in its opinion, the inclusion of that requirement is not essential to a proper decision on the project.

(e)

Final plat required. A final plat shall be recorded prior to submission of an application for a building permit. The plat shall comply with all laws, regulations, and resolutions governing the approval of subdivisions and, in addition, shall show all the features required on the preliminary site plan. A plat of development shall be recorded regardless of whether a subdivision is proposed. At least one of the final site plan maps shall include topographical contour lines at intervals no less than five feet.

(f)

Review standards. The commission shall review plans for proposed residential planned unit developments for conformity with the comprehensive plan. Specifically, the proposed plan shall meet the following conditions:

(1)

The plan shall conform to the purpose of this section as stated in article I of part I.

(2)

Access to all developed property shall be sufficient to provide for an acceptable level of fire protection.

(g)

Miscellaneous provisions.

(1)

Amendments and additions. Amendments or additions to an approved plan or to the boundaries of the R-PUD district shall be accomplished subject to the same regulations and procedures applicable to a new application.

(2)

Deed restrictions. The commission may require filing of deed restrictions to help carry out the intent of this resolution subject to the same penalties as established in subsection (e) of this section.

(3)

Unless otherwise addressed, the approved R-PUD district shall be subject to all other applicable requirements of this section.

(h)

Site design requirements.

(1)

Location of district. A R-PUD district may be established anywhere within the City of Byron, Georgia, provided, however, that such R-PUD district may not include apartments, apartment buildings, or units housing more than two families which are within that area within a one-half mile radius from the original corporate limits of the City of Byron, Georgia, as passed by an Act of the Georgia Legislature March 3, 1874.

(2)

Site design, general. The proposed development must be designated so as to produce an environment of stable and desirable character not out of harmony with its surrounding neighborhoods. The review by the commission shall consider the following design elements:

a.

Privacy. Personal and individual privacy shall be maintained and balanced with the provision of public and common areas.

b.

Variety. Interest and variety shall be sought by means of street design and changes in mixtures of building types, heights, facades, uses, setbacks, plants, or size of open space. The design should be harmonious as a whole and not simply from street-to-street.

c.

Traffic and parking. No through or commercial traffic should be permitted; streets should not be straight for long distances but should curve so as to discourage fast movement of traffic; group parking areas should be screened as maybe required by the commission so that the vehicles are substantially hidden from the street.

d.

Lot area and lot width, general. The commission will establish lot area and lot width. However, the minimum lot or width may not be reduced if the Peach County Health Department determines that an increased area or width is necessary for health reasons.

e.

Setbacks. The commission will establish setback requirements for all structures.

f.

Open space. Open space should be incorporated into the R-PUD district plan. It can be common areas, parks, recreational facilities, greenspace, landscape buffers, pedestrian trails, etc. The open space can be suitably improved or unimproved if containing natural features worthy of preservation.

g.

Street standards. All streets in the R-PUD district plan should be standard streets.

h.

Other building requirements. The commission shall determine other development standards.

(3)

Where a use is neither permitted nor prohibited, and the zoning administrator does not find any use which is substantially similar in either the permitted or prohibited uses, the zoning administrator shall consider an application for such proposed use, the facts, and circumstances relating to the proposed use, and make a decision regarding the granting or denial of the proposed use. In making a decision, the zoning administrator shall consider the following: the overall nature, purpose, and stated intent for the zoning designation; the nature and characteristics of the permitted uses listed; the nature and characteristics of the prohibited uses listed; the lot size and general location of the proposed use; the surrounding permitted uses; and any regulations listed for the zoning classification of the proposed use regarding design or building standards. Any decision adverse to the applicant is subject to review upon application or request of the applicant and shall be considered under the procedures provided for in appendix A, part 3, article VIII.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

This district permits certain areas within the City of Byron to be developed for medium density residential use consisting of single-family mobile homes (please see definitions—mobile home) clustered into a subdivided site plan and existing in one of the following configurations of two or more dwelling units:

(a)

Mobile homes located on individual lots, both of which are under one combined individual ownership.

(b)

Mobile homes under individual ownership, located upon subdivided "spaces" within one lot area, with the "spaces" being rented or leased.

(c)

Mobile homes located upon subdivided "spaces" within one lot area, which are both rented or leased jointly as one contract unit.

(d)

Mobile homes under individual ownership, located upon separate lots, with the lots being rented or leased.

(e)

All mobile homes located on lots designated R-MH should be maintained and in good repair and also shall comply with the requirements found in this Code with particular emphasis on chapter 8 of same.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

(a)

Single-family mobile homes, but not including travel trailers, recreational vehicles, or modular homes (see following page for minimum lot area, lot width, and maximum lot coverage).

(b)

Home occupations. Home occupations are permitted in a completely enclosed building provided that all business is conducted by phone, including the Internet; no customer or commercial traffic at or to the residence is involved; and there are no advertising signs or commercial vehicles at the residence.

(c)

Where a use is neither permitted nor prohibited, and the zoning administrator does not find any use which is substantially similar in either the permitted or prohibited uses, the zoning administrator shall consider an application for such proposed use, the facts, and circumstances relating to the proposed use, and make a decision regarding the granting or denial of the proposed use. In making a decision, the zoning administrator shall consider the following: the overall nature, purpose, and stated intent for the zoning designation; the nature and characteristics of the permitted uses listed; the nature and characteristics of the prohibited uses listed; the lot size and general location of the proposed use; the surrounding permitted uses; and any regulations listed for the zoning classification of the proposed use regarding design or building standards. Any decision adverse to the applicant is subject to review upon application or request of the applicant and shall be considered under the procedures provided for in appendix A, part 3, article VIII.

R-MH DISTRICT (INDIVIDUAL UNITS) DWELLING UNIT
LOT SIZE REGULATION

(Ord. No. 2023-12, Exh. A, 4-8-2024)

Portions of Byron, along major arterial roads such as the Interstate Highway 75, the 247 connector, and Highway 49, have developed as highway oriented commercial areas. This district provides for this commercial use and establishes regulations that control its effect on the entire community yet permit its future growth. Uses permitted within this district shall include highway-oriented retail commercial establishments as well as personal and professional services. The intent of this district shall be to provide a commercial district designed to serve the community at large consisting of a wide variety of sales and service facilities and locations that will be accessible to all shoppers, as well as serving the motoring public.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

The following uses are permitted in the C-1: general commercial district (highway service). See article II, permitted use table. (Permitted use table is maintained by the City of Byron; however, should there be any conflict between the permitted use table and the within textual ordinance, the provisions of the within textual ordinance shall control.)

Permitted Use Table Supplementary Requirements

(a)

Motels and hotels containing a minimum lot area of 40,000 square feet if attached to a public sewer, or a larger minimum lot area, as determined by the Peach County Health Department, if not attached to a public sewer.

(b)

Restaurants, including drive-in establishments provided that when such a drive-in establishment abuts a residential district, it shall be separated from such district by a six-foot-high masonry wall and having no light shining directly into residential districts.

(c)

Restaurants that sell beer, malt beverages, wine, or distilled spirits for consumption on the premises when the restaurant derives at least 50 percent of its gross revenue from the sale of food and beverages other than alcoholic beverages.

(d)

Automobile repair (mechanical and body) garage, provided that all operations are conducted in a building which shall not have any openings, other than a stationary window, within 100 feet of a residential district and which shall not store or otherwise maintain any parts or waste material outside such building.

(e)

Convenience stores, gas stations, travel centers.

(f)

New and used motor vehicle sales.

(g)

New and used boats and/or trailer sales.

(h)

Farmer's markets and produce vendor stands.

(i)

Gyms, fitness centers, or health clubs.

(j)

A vehicle storage area or impoundment lot, wherein motor vehicles are stored or held for the vehicle owners at the request of said owners, lienholders, or law enforcement officials, may be operated as a permitted uses set forth above, provided that:

(1)

The lot is owned or leased and operated by a wrecker service engaged in the business of towing and storing vehicles which are repossessed, damaged in collisions, removed from private property at the request of the owner of said property, or removed from public property and rights-of-way at the request of a law enforcement or other public safety agency.

(2)

All open storage and hauling activities shall be completely enclosed by a fence or wall having a minimum height of six vertical feet. Such fence or wall must be constructed of materials or covered by material which will effectively screen all operations from view from any public street or any point on the abutting property line. Any access to the yard's interior will be limited to specific driveway entrances which are constructed with gates that are to be locked during nonbusiness hours, and the contents within the yard, as well as the business operation of same, shall be contained within the fence or wall.

(3)

The number of vehicular driveways affording access into the yard on any single street frontage shall be limited to one per 300 linear feet. Each driveway shall be enclosed with gates that screen all interior activities from view outside of the property line and shall be no wider than 20 feet.

(4)

No vehicle storage area or impoundment lot shall be erected any closer than 750 feet to any property line of any property contained within the C-2 downtown business district.

(5)

Any building or structure within the yard shall be completely enclosed.

(6)

Minimum lot size shall be one acre notwithstanding all other provisions or tables herein.

(7)

No vehicle storage or impoundment operation shall be permitted to be located on or facing any state or federal highway.

(8)

The storage area or yard shall be graded such that water runoff will be channeled away from any neighboring residential area, any natural area designated for city water supply recharge, or any cultivated area. Further, such runoff shall not cause or promote the erosion of soil from abutting properties.

(9)

The yard shall not be utilized as a dumping area, landfill, or similar non-specified purpose, which requires particular regulations and operational licenses to protect the public health and welfare. This exclusion includes putrescible wastes of semisolid or liquid form and solid wastes.

(10)

All vehicles stored within the storage yard or impound lot must be located at least four feet from the interior of the fence surrounding the lot and at least 2.5 feet from any other vehicle. Said open spaces must be kept mowed and free of debris to facilitate inspections and fire suppression.

(11)

Any junk, or unserviceable, vehicle shall be removed to a junk or salvage yard within six months of arrival to the storage yard if not claimed by the owner.

a.

In order to ensure compliance with this subsection, all wrecker services holding a business license and operating a vehicle storage area or impoundment lot within the city shall maintain a list of all vehicles located within the yard or lot, identified by make, year, model, VIN, color and name and address of the registered owner. This provision shall become a condition of receipt of a business license or renewal of an existing license, and by applying for said license or renewal thereof, all wrecker services operating a vehicle storage yard or impoundment lot become bound by these provisions.

b.

All wrecker services holding a business license and operating a vehicle storage area or impoundment lot within the city shall allow periodic inspections by the building official, the code enforcement officer and the police department of the storage yard or impoundment lot, the vehicles located there, and the towing and impoundment records of said entity, including the record required by subsection a. Said inspections shall become a condition of receipt of a business license or renewal of an existing license, and by applying for said license or renewal thereof, all wrecker services operating a vehicle storage yard or impoundment lot become bound by these provisions.

(12)

No vehicle storage area or lot may be operated in the Benjamin Hawkins Industrial Park, the North Peach Industrial Park, or any other area designated as an industrial park.

a.

Retail on premise sale of merchandise.

b.

Movie theatres.

c.

Where a use is neither permitted nor prohibited, and the zoning administrator does not find any use which is substantially similar in either the permitted or prohibited uses, the zoning administrator shall consider an application for such proposed use, the facts, and circumstances relating to the proposed use, and make a decision regarding the granting or denial of the proposed use. In making a decision, the zoning administrator shall consider the following: the overall nature, purpose, and stated intent for the zoning designation; the nature and characteristics of the permitted uses listed; the nature and characteristics of the prohibited uses listed; the lot size and general location of the proposed use; the surrounding permitted uses; and any regulations listed for the zoning classification of the proposed use regarding design or building standards. Any decision adverse to the applicant is subject to review upon application or request of the applicant and shall be considered under the procedures provided for in appendix A, part 3, article VIII.

C-1 DISTRICT LOT SIZE REGULATIONS FOR ALL PERMITTED USES
(Article II, Section 8, Table 1)

* Must be increased to 30 feet if residential district is adjacent.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

(a)

The structure and lot shall comply with all footage requirements herein.

(b)

All activities shall be conducted within a completely enclosed building except where it is impossible, for example, off-street loading, automobile parking for customers while on the premises, and the sale of automobile fuel at service stations.

(c)

No more than 20 percent of the floor space is to be used for storage.

(d)

Uses, processes, or equipment shall be limited to those which are not objectionable by reason of odor, dust, bright lights, smoke, noise, or vibration.

(e)

Products to be sold only at retail.

(f)

Lot must front onto an arterial or collector street.

(g)

Off-street parking shall not require backing or maneuvering into the right-of-way of a public street.

(h)

Each commercial use must have a minimum frontage of 50 feet on a major collector or arterial street.

(i)

All driveways, streets and traffic routing facilities shall not be hazardous and shall minimize traffic congestion. No exits shall direct traffic into any adjacent residential districts.

(j)

Where a lot line within a C-1 district abuts a side or rear lot line and/or boundary in any residentially zoned district, the open storage of equipment, materials or commodities shall be screened from such residential areas. This screen shall be in the form of a wall or fence at least six feet in height and capable of blocking out any light generated by the commercial activity.

(k)

All signs shall comply with the regulations in this ordinance (see appendix Z-II).

(Ord. No. 2023-12, Exh. A, 4-8-2024)

The commercial activities shall comply with all off-street parking regulations in this ordinance (see appendix Z-I).

(Ord. No. 2023-12, Exh. A, 4-8-2024)

This district recognizes the need to maintain and enhance the downtown portion of Byron as its principal commercial area. The regulations outlined in this section will encourage the continuation of present uses; to provide land for the future placement of compatible, commercial, service, and related activities; to prevent the intrusion of objectionable land uses; and to prevent congestion in these areas. Further purposes of this district are to maintain, restore, and create the historic nature and characteristics of the city of Byron and to disallow uses and development more properly found in zones C-1 and C-3.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

The following uses are permitted in the C-2 District: Downtown Business District. See article II, permitted use table. (Permitted use table is maintained by the City of Byron; however, should there be any conflict between the permitted use table and the within textual ordinance, the provisions of the within textual ordinance shall control.)

Permitted Use Table Supplementary Requirements

(a)

Retail business involving the on-premises sale of merchandise including:

(1)

Art and/or photography studios.

(2)

Book, magazine, newspaper store.

(3)

Clothing store.

(4)

Delicatessen.

(5)

Drugstore or pharmacy.

(6)

Florist shop.

(7)

Gift or curio shop.

(8)

Grocery store or supermarket.

(9)

Hardware store.

(10)

Hobby shop and/or toy store, or electronic store; provided, however, that notwithstanding any other provisions herein, adult toys, adult novelties, adult items, or any of those items which are sexually oriented, shall not be sold, transferred, exchanged, or conveyed in any way at any such store(s).

(11)

Furniture and household furnishings store.

(12)

Jewelry store.

(13)

Music shop.

(14)

Notion, five-cent, and ten-cent general store.

(15)

Convenience stores, travel centers, and gas stations, provided that it meets all design standards as well as any requirements of the historic overlay district.

(16)

Sporting goods store.

(17)

Antique malls, provided that it is located within a fully enclosed building. This does not include marketplaces such as flea markets, yard sales, or rummage or estate sales.

(18)

Sale of alcoholic beverages with alcoholic content not more than 14 percent for consumption off the premises. The intent of this section is to permit the sale of beer or wine in a grocery or other store to be taken home.

(b)

Business involving the rendering of a personal service or the repair and servicing of small equipment including:

(1)

Bank, savings and loan association, personal loan agency, or branches thereof.

(2)

Barbershop, beauty shop, or combination thereof.

(3)

Bicycle repair shop.

(4)

Dressmaker, seamstress, tailor.

(5)

Furniture repair or upholstering (but not furniture manufacturing).

(6)

Insurance agency.

(7)

Locksmith or gunsmith.

(8)

Medical, dental, or chiropractic office, clinic, and/or laboratory.

(9)

Office for governmental, business, professional, or general purposes, excluding vehicles or equipment (except emergency vehicles).

(10)

Real estate agency.

(11)

Studio offering instruction in art, music, dancing, drama, or similar cultural activity.

(12)

Secretarial and/or telephone answering service.

(13)

Shoe repair shop.

(14)

Funeral parlors and mortuaries.

(15)

Animal hospitals and kennels.

(c)

Restaurants, cafeterias, grills, and lunch counters having a size under 6,000 square feet (but not including nightclubs, bars, taverns, liquor stores, drive-in restaurants, or curb-service establishments).

(d)

Restaurants that sell beer, malt beverages, wine, or distilled spirits for consumption on the premises when the restaurant derives at least 50 percent of its gross revenue from the sale of food and beverages other than alcoholic beverages.

(e)

Notwithstanding any of the above, no coin operated amusement machines or similar devices are allowed within any area, building, or lot within this zone C-2. To the extent that any such machines or devices currently exist within this zone at the time of the passage of these amendments, said machines may not be replaced once the machine or device is no longer in use, is removed, or inoperable beyond repair. Any such machine or device shall comply with all local ordinances, state laws, and state regulations. As to the definitions of coin operated amusement machines, and what devices are and are not considered coin operated amusement machines, the definitions provisions of O.C.G.A. § 50-27-70 et seq. is incorporated herein by reference thereto.

(f)

Gyms, fitness centers, health clubs.

(g)

Where a use is neither permitted nor prohibited, and the zoning administrator does not find any use which is substantially similar in either the permitted or prohibited uses, the zoning administrator shall consider an application for such proposed use, the facts, and circumstances relating to the proposed use, and make a decision regarding the granting or denial of the proposed use. In making a decision, the zoning administrator shall consider the following: the overall nature, purpose, and stated intent for the zoning designation; the nature and characteristics of the permitted uses listed; the nature and characteristics of the prohibited uses listed; the lot size and general location of the proposed use; the surrounding permitted uses; and any regulations listed for the zoning classification of the proposed use regarding design or building standards. Any decision adverse to the applicant is subject to review upon application or request of the applicant and shall be considered under the procedures provided for in appendix A, part 3, article VIII.

*The city recognizes that there currently exist carwashes in C-2 which were present prior to the adoption of these amendments. The city finds that additional carwashes, laundromats, and similar self-service businesses are not consistent with the historic nature of C-2, downtown business district, and its requirements, design standards, or the city's vision for this district. Therefore, notwithstanding any provisions herein, no additional carwashes, laundromats, or similar self-service businesses are allowed as the city finds them to be dissimilar from the permitted uses herein.

C-2 DISTRICT LOT SIZE REGULATIONS FOR ALL PERMITTED USES
(Article II, Section 9, Table 1)

* Commercial activity must have a side yard of 30 feet if the activity borders a residential area.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

(a)

The structure and lot shall comply with all footage requirements (see following page).

(b)

All activities shall be conducted within a completely enclosed building except where it is impossible, as for example, off-street loading, automobile parking for customers while on the premises, and the sale of automobile fuel at service stations.

(c)

No more than 20 percent of the floor space is to be used for storage.

(d)

Uses, processes, or equipment employed shall be limited to those which are not objectionable by reason of odor, dust, bright lights, smoke, noise, or vibration.

(e)

Products to be sold only at retail.

(f)

Lot must front onto an arterial or collector street.

(g)

Off-street parking shall not require backing or maneuvering into the right-of-way of a public street.

(h)

Each commercial use must have a minimum frontage of 50 feet on a major collector or arterial street.

(i)

All driveways, streets and traffic routing facilities shall not be hazardous and shall minimize traffic congestion. No exits shall direct traffic into any adjacent residential districts.

(j)

Signs as regulated in this ordinance.

(k)

Where a lot line within a C-2 district abuts a side or rear lot line and/or boundary in any residentially zoned district, the open storage of equipment, materials or commodities shall be screened from such residential areas. This screen shall be in the form of a wall or fence at least six feet in height, and capable of blocking out any light generated by the commercial activity (a natural screen of shrubbery should be in a three-gallon bucket as per nursery grade).

(Ord. No. 2023-12, Exh. A, 4-8-2024)

These design standards are limited to Zone C-2 Downtown business district and should be read and followed in conjunction with any historic overlay district regulations.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

These regulations are intended to ensure the construction of new structures in commercial areas is consistent with the intent of the regulations of zoning C-2 herein.

(a)

Single tenant structures. All new commercial structures and all new nonresidential structures in the commercial districts shall meet the following standards:

(1)

Outside of pedestrian retail districts, building surfaces over two stories high or 50 feet in length shall be relieved with changes of wall plane (i.e., recesses and projections) that provide strong shadow or visual interest.

(2)

Buildings, outbuildings, awnings, and all other structures or portions thereof, shall utilize natural building materials, such as wood, stone, and brick on building exteriors, except that roofing materials may be manmade. Steel or other metals shall not be used on building exteriors, except as may be necessary for roofing, window trim, gutters, and down spouts, smooth-faced concrete block shall not be used on building exteriors. Synthetic stucco shall not be used on building exteriors. All sides of a building may impact on its surroundings and shall be considered for treatment with an architectural finish of primary materials (i.e., brick and stone), unless other materials demonstrating equal or greater quality are used. As a general rule, front facades shall be at least 80 percent brick and stone. Side facades shall be at least 50 percent brick and stone. Rear facades do not have a minimum suggested standard for primary materials unless they are visible from a public right-of-way.

(3)

Material or color changes generally shall occur at a change of plane. Piecemeal embellishment and frequent changes in material shall be avoided. A horizontal accent stripe (e.g., a foot-wide stripe of different color) shall be used to help reduce the monotonous color and break up the appearance of large building walls.

(4)

Facade colors shall be low reflectance, subtle, neutral, or earth tone colors. High intensity colors, metallic colors, black, or fluorescent colors shall not be used. Building trim and accent areas may feature brighter colors, including primary colors, provided that the width of the trim shall not exceed four feet.

(5)

Building colors shall be carefully chosen so that each building complements that of its neighbors. Colors can be classified as the "base" color (used on the majority of the building surface), "trim" color (used on the window trim, fascia, balustrades, and posts), and "accent" color (used on signs, awnings, and doors). The base color shall consist of more subdued earth tones or brick shades. Trim colors shall have contrasted lighter or darker shade than the base color.

(6)

The use of awnings on buildings is recommended so as to provide much needed protection from sun, wind, and rain, and to improve aesthetics of the building exterior.

(7)

Awnings are recommended to be constructed with a durable frame covered by a canvas material. Awnings that are backlit through translucent materials may be acceptable but are not particularly encouraged. Aluminum and other metal canopies are acceptable in most instances, particularly when integrated into shopping center designs. Flameproof vinyl, canvas or metal awnings and canopies may be used.

(8)

Solid colors are preferred over striped awnings, but striping is permitted if colors compliment the character of the structure or group of buildings.

(9)

Awnings are encouraged for first floor retail uses to provide architectural interest and to encourage pedestrian activity. Where awnings are used, they shall be designed to coordinate with the design of the building and any other awnings along the same block face.

(10)

The design of fences and walls shall be compatible with the architecture of the main building(s) and shall use similar materials. All walls or fences 50 feet in length or longer, and four feet in height or taller, shall be designed to minimize visual monotony though changes in plane, height, material or material texture or significant landscape massing. Chain link fencing is prohibited in the front yard, or within the required front building setback for undeveloped parcels. Any chain link fencing visible from a public street shall be coated in dark green or black vinyl. Use of special fencing design or materials shall be discussed in cases where site security is paramount. All fencing materials must be approved by the department prior to construction.

(11)

Rooftop mechanical and electrical equipment shall be screened from public view by building elements that are designed as an integral part of the building architecture, or by a parapet wall.

(b)

Shopping centers including automobile related establishments. All new shopping centers and automobile related establishments containing less than 50,000 square feet shall meet the standards listed in [subsection 6-6.1(a)]. In addition, the following standards shall apply:

(1)

Within a shopping center, a logical hierarchy of building forms shall be created. Building heights and masses shall be greatest in the focus area and inner portion of the support area (the part closest to the focus area) and shall transition to lower heights and less mass outward from the focus area to the outer edge of the support area. Building massing shall be varied to create a logical hierarchy of building forms, to break up long expanses of facade, and to create shade and shadow. Buildings at the outer edge of an activity center's support area shall be comparable in height and mass with the surrounding neighborhood beyond the support area.

(2)

Building location, setbacks, and orientation shall be carefully considered so as to increase pedestrian comfort.

(3)

As far as practicable, buildings in activity centers shall not be separated from fronting streets by large parking lots. At a minimum, placement of out-parcel buildings between a large parking lot and the street shall be used to help define the street scape and lessen the visual impact of the parking lot from the street.

(4)

Service areas shall provide adequate queuing space that does not impede vehicle circulation through the site or result in vehicles stacking into the street.

(5)

The design of fences and walls shall be compatible with the architecture of the main building(s) and shall use similar materials. All walls or fences 50 feet in length or longer, and four feet in height or taller, shall be designed to minimize visual monotony though changes in plane, height, material or material texture or significant landscape massing. Chain link fencing is prohibited in the front yard, or within the required front building setback for undeveloped parcels. Any chain link fencing visible from a public street shall be coated in dark green or black vinyl. Use of special fencing design or materials shall be discussed in cases where site security is paramount. All fencing materials must be approved by the department prior to construction.

(6)

Separate structures (fuel pumps canopy, other canopy, or car wash, cashier's booth, etc.) on the site shall have consistent architectural detail and design elements to provide a cohesive project site. If a car wash is incorporated into the project, it shall be well integrated into the design. The car wash opening shall be sited so that it is not directly visible as the primary view from the street into the project site.

(7)

All areas devoted to the outside storage of vehicles, merchandise, and/or equipment not intended for display for public rent, lease, or sale, shall be screened from view from the right-of-way of the highway or public road along the entire property frontage, except in areas where access crossings have been approved. Screening may be accomplished by a natural vegetative buffer, by a building, by an earthen berm, by a 100 percent opaque, solid wooden fence or wall, or combination of these screening methods. The use of low-lying landscaping that does not screen the display areas from view from the public right-of-way shall not be deemed to comply with this policy.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

(a)

The intent of these standards is to ensure that large retail building development, defined as single-tenant buildings exceeding 35,000 square feet and shopping centers exceeding 50,000 square feet, contributes to the unique community character of Byron. All other rules and regulations of the land development ordinance shall apply unless noted below.

(b)

Location standards.

(1)

Site must abut or have direct access to an arterial street.

(2)

Must be located in an area where city services can be provided efficiently.

(3)

Must be compatible with city's comprehensive plan.

(4)

The development cannot abut a residential street, have a private driveway into a residential street, or a street leading directly into a residential subdivision.

(c)

Sign standards. All signs at large retail establishments shall meet the requirements of the land development ordinance, except the following regulations shall apply:

(1)

Large retail establishments shall be allowed one freestanding sign per road frontage. Freestanding signs shall be subject to the following requirements:

a.

Parcels exceeding three acres shall be allowed a maximum aggregate sign area of 200 square feet for the entire parcel.

b.

Parcels less than three acres but greater than 30,000 square feet shall be allowed a maximum aggregate sign area of 150 square feet for the entire parcel.

c.

Parcels less than 30,000 square feet in size shall be allowed a maximum aggregate sign area of 100 square feet for the entire parcel.

d.

These limits shall not include the area of any wall signs or billboard signs located on the parcel.

e.

These limits shall include the area of all freestanding signs on the parcel.

f.

The only freestanding signs permitted at shopping centers shall be shopping center identification signs.

(2)

No freestanding sign shall be located within 150 feet of another freestanding sign.

(3)

To the extent a sign can be located in compliance with the land development ordinance, the maximum height of freestanding signs shall not exceed six feet from the ground and shall be a monument-style sign such that no part of the sign is over six feet from the ground.

(4)

Rooftop signs or sign structures shall not be permitted.

(5)

Mono pole sign structures shall not be permitted.

(6)

Portable signs shall not be permitted.

(7)

All signs shall be subject to the same side yard setbacks imposed upon other buildings and structures in the same zoning district in which said signs are located.

(8)

Setbacks along road right-of-way shall be a minimum of 15 feet from the curb or edge of pavement or on private property whichever is greater.

(d)

Architectural design standards.

(1)

Facades and exterior walls.

a.

Facades greater than 100 feet in length, measured horizontally, shall incorporate wall plane projections or recesses having a depth of at least three percent of the length of the facade and extending at least 20 percent of the length of the facade. No uninterrupted length of any facade shall exceed 100 horizontal feet. See figure 1.

b.

Ground floor facades that face public streets shall have arcades, display windows, entry areas, awnings, or other such features along no less than 60 percent of their horizontal length. See figure 2.

(2)

Small retail stores. Where shopping centers contain separately owned stores that occupy less than 35,000 square feet of gross floor area, with separate, exterior customer entrances, the street level facade of such stores shall be transparent between the height of three feet and eight feet above the walkway grade for no less than 60 percent of the horizontal length of the building facade of such additional stores. Windows shall be recessed and should include visually prominent sills, shutters, or other such forms of framing.

(3)

Roofs. Roofs shall be flat or sloped and shall have no less than two of the following features:

a.

If the roof is flat, parapets concealing flat roofs and rooftop equipment such as HVAC units from public view. The average height of such parapets shall not exceed 15 percent of the height of the supporting wall and such parapets shall not at any point exceed one-third of the height of the supporting wall (see figure 4). Such parapets shall feature three-dimensional cornice treatment.

b.

If the roof is sloping, it shall have overhanging eaves, extending no less than three feet past the supporting walls.

c.

Sloping roofs that do not exceed the average height of the supporting walls, with an average slope greater than or equal to one foot of vertical rise for every three feet of horizontal run and less than or equal to one foot of vertical rise for every one foot of horizontal run.

d.

Three or more roof slope planes.

(4)

Exterior materials and colors.

a.

Predominant exterior building materials shall be high quality materials, including, but not limited to, brick, sandstone, other native stone, and tinted/textured concrete masonry units.

b.

Facade colors shall be low reflectance, subtle, neutral or earth tone colors. The use of high-intensity colors, metallic colors, black or fluorescent colors shall be prohibited.

c.

Building trim and accent areas may feature brighter colors, including primary colors, but neon tubing, LED rope lighting, and/or lighting that is more luminous than the average for the area shall not be an acceptable feature for building trim or accent areas.

d.

Exterior building materials shall not include smooth-faced concrete block, tilt-up concrete panels, or prefabricated steel panels.

(5)

Customer entryways. Each large retail establishment on a site shall have clearly defined, highly visible customer entrances utilizing features such as in the following:

a.

Canopies or porticos.

b.

Overhangs.

c.

Recesses/projections.

d.

Arcades.

e.

Raised corniced parapets over the door.

f.

Peaked roof forms.

g.

Arches.

h.

Outdoor patios.

i.

Display windows.

j.

Architectural details such as tile work and moldings which are integrated into the building structure and design.

k.

Integral planters or wing walls that incorporate landscaped areas and/or places for sitting.

(6)

Where additional stores will be located in the large retail establishment, each such store shall have at least one exterior customer entrance, which shall conform to the above requirements.

(7)

All building facades which are visible from adjoining properties and/or public streets shall include materials and design characteristics consistent with those on the front. Use of inferior or lesser quality materials for side or rear facades shall be prohibited.

(e)

Site design standards.

(1)

Customer entrances. All sides of a principal building that directly face an abutting street shall feature at least one customer entrance. Where a principal building directly faces more than two abutting public streets, this requirement shall only apply to two sides of the building, including the side of the building facing the primary street, and another side of the building facing a second street.

(2)

Parking.

a.

Parking lot orientation. No more than 50 percent of the off-street parking area for the entire property shall be located between the front facade of the principal building(s) and the primary abutting street.

b.

The minimum number of parking spaces shall be no less than four spaces per 1,000 square feet of gross floor area and no more than six spaces per 1,000 square feet of gross floor area.

c.

Parking areas adjacent to public or private streets must be screened from view by low masonry walls, fences, berms, and/or landscaping. These design elements must be installed at no less than 36 inches in height to properly screen vehicles within the parking area.

(3)

Building site.

a.

Street setback. The setback shall be 40 feet on all sides that abut a public or private street. This, as in all other matters, shall be subject to review by the historical preservation committee, planning and zoning, and/or city council.

b.

Back and side setbacks. The minimum interior side and rear setback for any building facade shall be 35 feet from the nearest property line. Where the facade faces abutting residentially zoned property, an earthen berm, no less than six feet in height, containing at minimum evergreen trees planted at intervals of 20 feet on center, or in clusters or clumps, shall be provided.

c.

Inter parcel circulation. The site design must provide direct connections and safe street crossings to adjacent land uses. The direct connections between parcels shall be privately maintained unless otherwise agreed to by the developer and the city.

(4)

Pedestrian, bike, and cart access.

a.

Sidewalks at least 42 inches in width shall be provided along all sides of the lot that abut a street.

(5)

Outdoor storage and equipment areas.

a.

Loading docks and truck parking areas shall be screened from public view using building mass, freestanding walls and/or landscaping.

b.

HVAC and other mechanical equipment shall not be located on the street side of developments or adjacent to public spaces. Equipment located on, beside or adjacent to any building or development, shall be fully screened from the view of streets and adjoining property.

c.

All trash containment devices, including compactors and dumpsters, shall be located, and designed so as not to be visible from the view of public spaces, adjacent streets, or adjacent properties.

d.

Utility equipment and facilities associated with on-site electric, cable, telephone, gas, or other similar utility shall be screened, to the greatest extent possible, with evergreen plantings or other acceptable alternatives.

(6)

Lighting.

a.

An overall lighting program shall be developed that considers the illumination of sidewalks and other multi-use pathways using low-intensity fixtures that provide an even distribution of light while avoiding areas of immense shadows. The overall lighting program shall ensure that light is directed down and away from abutting properties.

b.

Floodlights, spotlights, or any other similar lighting shall not be used to illuminate buildings or other site features unless approved as an integral architectural element of the site plan. On-site lighting may be used to accent architectural elements and not be used to illuminate entire portions of buildings. Floodlights or other types of lighting attached to light poles that illuminate the site and/or buildings are prohibited.

(7)

Landscaping. Unless noted in this section, all provisions of section shall apply.

(f)

Expansion of existing large retail establishment. No addition to an existing single tenant retail building with an area greater than 35,000 square feet or a shopping center with an area larger than 50,000 square feet which would increase the gross square feet of floor area of such building by 15 percent or more, and no addition to a building which would result in a single tenant retail building exceeding 35,000 square feet or a shopping center exceeding 50,000 square feet, shall be approved for construction or occupancy unless the entire large retail establishment affected by the new construction has been determined to be in compliance with the "design standards for large retail establishments" contained in this ordinance, whether the existing large retail establishment or building was approved under prior law or under this ordinance. The 15 percent increase shall be calculated from the size of the establishment at the effective date of these regulations.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

The commercial activities in this C-2 district shall comply with all off-street parking requirements as stated in appendix Z-I.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

This district recognizes the need to control property along arterial and collector streets in the City of Byron to provide for the highest and best use of land in areas suitable for commercial development, such as that along 247 Connector and Georgia 49 highway. This district is designed to allow commercial development with septic tanks and/or sewage disposal systems approved by the State of Georgia on one-acre individual lots with wells or public water. Also, it allows for PUDs (planned unit developments) on tracts of three acres or more when done according to the minimum area set forth in the lot size charts on the following pages.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

The following uses are permitted in the C-3/PUD general commercial district. See article II, permitted use table. (Permitted use table is maintained by the City of Byron; however, should there be any conflict between the permitted use table and the within textual ordinance, the provisions of the within textual ordinance shall control.)

Permitted Use Table Supplementary Requirements

(a)

All uses permitted in C-1 and C-2 districts.

(b)

Automobile repair garage, mechanical and body shops, provided all operations are conducted in a building which shall not have any opening, other than a stationary window, within 100 feet of a residential district and which shall not store or otherwise maintain any parts or waste material outside such buildings.

(c)

Drive-in theaters provided acceleration and deceleration lanes of at least 200 feet in length are provided for the use of vehicles entering or leaving the theater and the volume or concentration of traffic will not constitute a safety hazard or unduly impede highway traffic movement, and provided that the screen is not visible from any controlled access thoroughfare, arterial, or major collector street located within 2,000 feet of such screen.

(d)

Public utility structures and buildings, including electric and natural gas substations, telephone exchanges, radio and television stations, and similar structures for the storage of supplies, equipment, or service operations.

(e)

Commercial parking garage or lots provided no entrance or exit be on the same side of the street and within the same block as an elementary school and that curb breaks be limited to two for each 100 feet of street frontage, each not to exceed 30 feet in width and not located closer than 20 feet to a street intersection.

(f)

Temporary uses include the sale of Christmas trees; tents for revivals, carnivals, church bazaars; sale of seasonal fruit and vegetables from roadside stands, but such use shall not be permitted for a period to exceed two months in any calendar year.

(g)

Veterinary hospital, kennel, or clinic provided any structure used for such purpose shall be a minimum of 100 feet from any residential district.

(h)

Wholesale uses requiring less than 10,000 square feet of floor area for storage.

(i)

Drive-in or curb-service restaurants.

(j)

Stores that sell beer and wine such as convenience stores, gas stations, and travel centers.

(k)

Any retail business or commercial use in which there is no processing or treatment of materials, goods, or products (except for merchandise for sale on the premises, or as otherwise provided for herein), including:

(1)

General farming equipment and horticulture sales.

(2)

Furniture, home furnishing, office furniture and equipment.

(3)

Antique shop, provided that it is located within a fully enclosed building. This does not include marketplaces such as flea markets, yard sales, or rummage or estate sales.

(4)

Automobile, travel trailer, farm equipment and implements, and mobile home sales (new and used) which need not be enclosed, but any mechanical or body repair must be conducted entirely within a structure which shall not have any opening, other than a stationary window, within 100 feet of a residential district and provided further that all vehicles on a used vehicle or equipment sales lot must be in operating condition at all times.

(5)

Produce sales and farmers markets.

(l)

Public, private schools, and libraries.

(m)

Printing, blueprinting, bookbinding, photostatting, lithography, and publishing establishments.

(n)

Undertaking or mortuary establishments and ambulance services.

(o)

Hospitals, clinics, sanitariums, convalescent, or nursing homes, medical facilities, assisted living facilities.

(p)

Veterinary hospital, kennel, or clinic provided any structure used for such purpose shall be a minimum of 100 feet from any residential district.

(q)

Amusement enterprises including the provision of public entertainment, privately owned skating rinks, par three golf, and golf driving ranges.

(r)

Gyms, fitness centers, health clubs.

(s)

Where a use is neither permitted nor prohibited, and the zoning administrator does not find any use which is substantially similar in either the permitted or prohibited uses, the zoning administrator shall consider an application for such proposed use, the facts, and circumstances relating to the proposed use, and make a decision regarding the granting or denial of the proposed use. In making a decision, the zoning administrator shall consider the following: the overall nature, purpose, and stated intent for the zoning designation; the nature and characteristics of the permitted uses listed; the nature and characteristics of the prohibited uses listed; the lot size and general location of the proposed use; the surrounding permitted uses; and any regulations listed for the zoning classification of the proposed use regarding design or building standards. Any decision adverse to the applicant is subject to review upon application or request of the applicant and shall be considered under the procedures provided for in appendix A, part 3, article VIII.

C-3 PUD GENERAL COMMERCIAL DISTRICT LOT SIZE REGULATIONS
FOR ALL PERMITTED USES
INDIVIDUAL LOTS
(Article II, Section 10, Table 1)

PUD COMMERCIAL SHOPPING CENTERS ON THREE ACRES OR MORE
(Article III, Section 10, Table 2)

1 Commercial activity must have a side yard of 30 feet if the activity borders a residential area.

2 Commercial districts bordered by a residential area on rear or either side must have 30 feet open space and be screened with a six-foot solid wood or other opaque screen.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

(a)

All business, servicing, storage, or processing shall be conducted within a completely enclosed building except where the nature of the activity makes it impossible as for example, off-street loading, automobile parking for customers while on the premises, miniature golf courses, and the sale of automobile fuel at service stations.

(b)

Uses, processes, and equipment employed shall be limited to those which are not objectionable by reason of odor, dust, bright lights, smoke, noise, or vibration.

(c)

Off-street parking shall not require backing or maneuvering into the right-of-way of a public street.

(d)

Each commercial use must have a minimum frontage of 50 feet on a major collector or arterial street.

(e)

All driveways, streets and traffic routing facilities shall not be hazardous and shall minimize traffic congestion. No exits shall direct traffic into any adjacent residential districts.

(f)

Signs as regulated in this ordinance.

(g)

Where a lot line within a C-3/PUD district abuts a side or rear lot line and/or boundary in any residentially zoned district, the open storage of equipment, materials or commodities shall be screened from such residential areas. This screen shall be in the form of a wall, fence, or shrubbery (i.e., red tips) at least six feet in height, and capable of blocking out any light generated by the commercial activity.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

The commercial activities in this C-3/PUD district shall comply with all off-street parking requirements as stated in appendix Z-I.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

The purpose of a residential planned unit development district is to offer developers the benefits of efficiency, economy, and flexibility by encouraging unified development of sites, while deriving for the city the advantages of improved appearance, compatibility of uses, optimum service by community facilities, better handling of vehicular access and circulation, and full definition of the proposed development. Review of the development plan by the council shall be in accordance with the regulations of this section and shall ensure that developments are consistent with the objectives of the community's comprehensive plan.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

Within the R-PUD residential planned unit development district, any residential use is permitted with council approval.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

(a)

Requirements for residential planned unit development (R-PUD). Permitted uses for residential planned unit development districts are established above. Use, area, bulk, and height requirements shall be determined by the procedures set forth in this section.

(b)

Specific requirements. In order to qualify for a residential planned unit development district zoning classification a proposed development must first meet the following specific requirement:

(1)

The area proposed shall not be less than 50 acres and shall be in one ownership or management, or if in several ownerships, the application for amendment to this section shall be filed jointly by all of the owners of the properties included in the plan.

(c)

Procedure for approval of a residential planned unit development (R-PUD) district. The filing of a plan for a residential planned unit development shall constitute a request for an amendment to this section and shall meet the requirements specified in this section. In addition, the following regulations shall apply:

(1)

Two copies of a preliminary site plan shall be submitted to the commission.

(2)

The commission shall review the proposals prior to submitting a recommendation to the council. The commission may make reasonable additional requirements including, but not limited to, utilities, drainage, landscaping, and maintenance thereof, lighting, signs and advertising devices, screening, access ways, curb cuts, traffic control, height and setback of buildings, to protect adjoining uses, or to protect the R-PUD from adjacent uses.

(3)

Approval by the council subsequent to a public hearing constitutes creation of the residential planned unit development (R-PUD) district.

(d)

Preliminary site plan required. The preliminary site plan which accompanies an application for approval of an R-PUD district shall show the following:

(1)

The proposed title of the project and the name of the engineer, architect, designer, or landscape architect, and the development.

(2)

The north point scale, and date; the scale of the site plan shall be not more than 100 feet to one inch.

(3)

Existing zoning and zoning district boundaries and proposed changes in zoning.

(4)

The boundaries of the property involved, the location of all existing easements, section lines, and property lines, existing streets, buildings, and other existing physical features in or adjoining the project.

(5)

The location and size of existing and proposed streets, alleys, driveways, curb cuts, entrances and exits, loading areas (including number of parking and loading spaces), and outdoor lighting systems.

(6)

The location of proposed lots, setback lines, and easements, and proposed reservations for parks, parkways, playgrounds, school sites, and open spaces.

(7)

The location and height of all proposed main and accessory buildings for all structures except single- and two-family dwellings.

(8)

Location, height, and material of all fences, walls, screens, plants, and landscaping.

(9)

Proposed location, intended use, and character of all buildings. For residential structures, show the type and number of dwellings.

(10)

Location, character, size, height and orientation of proposed signs.

(11)

A location map showing the position of the proposed development in relationship to the surrounding area.

(12)

A tabulation of the total number of acres in the project, gross and net, and the percentage thereof proposed to be devoted to different dwelling types, commercial uses, other nonresidential uses, off-street parking, streets, parks, schools, and other public and private reservations.

(13)

A tabulation of the total number of dwelling units of various types in the project and the overall project density in dwelling units per acre, gross and net, as required by district regulations.

(14)

A detailed legal description of the location of the site.

(15)

A discussion of the proposed standards for development including restrictions on the use of the property, density standards and yard requirements restrictive covenants. The commission may establish additional requirements for the preliminary site plan and in special cases, may waive a particular requirement if, in its opinion, the inclusion of that requirement is not essential to a proper decision on the project.

(e)

Final plat required. A final plat shall be recorded prior to submission of an application for a building permit. The plat shall comply with all laws, regulations, and resolutions governing the approval of subdivisions and, in addition, shall show all the features required on the preliminary site plan. A plat of development shall be recorded regardless of whether a subdivision is proposed. At least one of the final site plan maps shall include topographical contour lines at intervals no less than five feet.

(f)

Review standards. The commission shall review plans for proposed residential planned unit developments for conformity with the comprehensive plan. Specifically, the proposed plan shall meet the following conditions:

(1)

The plan shall conform to the purpose of this section as stated in article I of part I.

(2)

Access to all developed property shall be sufficient to provide an acceptable level of fire protection.

(g)

Miscellaneous provisions.

(1)

Amendments and additions. Amendments or additions to an approved plan or to the boundaries of the R-PUD district shall be accomplished subject to the same regulations and procedures applicable to a new application.

(2)

Deed restrictions. The commission may require filing of deed restrictions to help carry out the intent of this resolution subject to the same penalties as established in [Subsection (e)] of this section.

(3)

Unless otherwise addressed, the approved R-PUD district shall be subject to all other applicable requirements of this section.

(h)

Site design requirements.

(1)

Location of district. A R-PUD district may be established anywhere within the City of Byron, Georgia, provided, however, that such R-PUD district may not include apartments, apartment buildings, or units housing more than two families which are within that area within a one-half (½) mile radius from the original corporate limits of the City of Byron, Georgia, as passed by an Act of the Georgia Legislature March 3, 1874.

(2)

Site design, general. The proposed development must be designated so as to produce an environment of stable and desirable character not out of harmony with its surrounding neighborhoods. The review by the commission shall consider the following design elements:

a.

Privacy. Personal and individual privacy shall be maintained and balanced with the provision of public and common areas.

b.

Variety. Interest and variety shall be sought by means of street design and changes in mixtures of building types, heights, facades, uses, setbacks, plants, or size of open space. The design should be harmonious as a whole and not simply from street-to-street.

c.

Traffic and parking. No through or commercial traffic should be permitted; streets should not be straight for long distances but should curve so as to discourage fast movement of traffic; group parking areas should be screened as may be required by the commission so that the vehicles are substantially hidden from the street.

d.

Lot area and lot width, general. The commission will establish lot area and lot width. However, the minimum lot or width may not be reduced if the Peach County Health Department determines that an increased area or width is necessary for health reasons.

e.

Setbacks. The commission will establish setback requirements for all structures.

f.

Open space. Open space should be incorporated into the R-PUD district plan. It can be common areas, parks, recreational facilities, greenspace, landscape buffers, pedestrian trails, etc. The open space can be suitably improved or unimproved if containing natural features worthy of preservation.

g.

Street standards. All streets in the R-PUD district plan should be standard streets.

h.

Other building requirements. The commission shall determine other development standards.

i.

Where a use is neither permitted nor prohibited, and the zoning administrator does not find any use which is substantially similar in either the permitted or prohibited uses, the zoning administrator shall consider an application for such proposed use, the facts, and circumstances relating to the proposed use, and make a decision regarding the granting or denial of the proposed use. In making a decision, the zoning administrator shall consider the following: the overall nature, purpose, and stated intent for the zoning designation; the nature and characteristics of the permitted uses listed; the nature and characteristics of the prohibited uses listed; the lot size and general location of the proposed use; the surrounding permitted uses; and any regulations listed for the zoning classification of the proposed use regarding design or building standards. Any decision adverse to the applicant is subject to review upon application or request of the applicant and shall be considered under the procedures provided for in appendix A, part 3, article VIII.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

The general industrial district is established: to provide areas for the location of industries that require the processing of bulk materials and space for open storage of materials; to establish and maintain standards which will permit a variety of processing and manufacturing activities; to protect adjacent residential or commercial areas from nuisances, including fumes, odors, increased and hazardous traffic.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

The following uses are permitted in the I-1: industrial district. See article II, permitted use table. (Permitted use table is maintained by the City of Byron; however, should there be any conflict between the permitted use table and the within textual ordinance, the provisions of the within textual ordinance shall control.)

Permitted Use Table Supplementary Requirements

(a)

Food processing and packaging plants, including, bakeries, confectionery products, fish and other seafood; animal and fowl slaughtering, and the temporary confinement of animals and fowl for finishing and preparation for slaughter; bone distillation, or the reduction, rendering, incineration, or storage of processing garbage, offal, animal wastes, fats, fish, or similar byproducts of food processing and packaging; bulk storage of the following types of raw foodstuffs prior to processing and/or packaging—vegetables, grains, fruits, nuts.

(b)

Telecommunications towers designed and intended to accommodate at least one user and being no more than 80 feet.

(c)

A vehicle storage area or impoundment lot, wherein motor vehicles are stored or held for the vehicle owners at the request of said owners, lienholders, or law enforcement officials, may be operated as a permitted use, provided that:

(1)

The lot is owned or leased and operated by a wrecker service engaged in the business of towing and storing vehicles which are repossessed, damaged in collisions, removed from private property at the request of the owner of said property, or removed from public property and rights-of-way at the request of a law enforcement or other public safety agency.

(2)

All open storage and hauling activities shall be completely enclosed by a fence or wall having a minimum height of six vertical feet. Such fence or wall must be constructed of materials or covered by material which will effectively screen all operations from view from any public street or any point on the abutting property line. Any access to the yard's interior will be limited to specific driveway entrances which are constructed with gates that are to be locked during nonbusiness hours, and the contents within the yard, as well as the business operation of same, shall be contained within the fence or wall. All entrances to said property shall be constructed with at least eight inches of pavement or concrete, utilizing rebar reinforcement, for all entrances and driveways of a minimum width of 40 feet extending 25 feet into the property.

(3)

The number of vehicular driveways affording access into the yard on any single street frontage shall be limited to one per 300 linear feet. Each driveway shall be enclosed with a gate(s) that screen all interior activities from view outside of the property line and shall be no gates wider than 40 feet.

(4)

No vehicle storage area or impoundment lot shall be erected any closer than 750 feet to any property line of any property contained within the C-2 downtown business district.

(5)

Any building or structure within the yard shall be completely enclosed.

(6)

Minimum lot size shall be one acre.

(7)

No vehicle storage or impoundment operation shall be permitted to be located on or facing any state or federal highway.

(8)

The storage area or yard shall be graded such that water runoff will be channeled away from any neighboring residential area, any natural area designated for city water supply recharge, or any cultivated area. Further, such runoff shall not cause or promote the erosion of soil from abutting properties.

(9)

The yard shall not be utilized as a dumping area, landfill, or similar non-specified purpose, which requires particular regulations and operational licenses to protect the public health and welfare. This exclusion includes putrescible wastes of semisolid or liquid form and solid wastes.

(10)

All vehicles stored within the storage yard or impound lot must be located at least four feet from the interior of the fence surrounding the lot and at least two and one-half feet from any other vehicle. Said open spaces must be kept mowed and free of debris to facilitate inspections and fire suppression.

(11)

Any junk, or unserviceable, vehicle shall be removed to a junk or salvage yard within six months of arrival to the storage yard if not claimed by the owner.

a.

In order to ensure compliance with this subsection, all wrecker services holding a business license and operating a vehicle storage area or impoundment lot within the city shall maintain a list of all vehicles located within the yard or lot, identified by make, year, model, VIN, color and name and address of the registered owner. This provision shall become a condition of receipt of a business license or renewal of an existing license, and by applying for said license or renewal thereof, all wrecker services operating a vehicle storage yard or impoundment lot become bound by these provisions.

b.

All wrecker services holding a business license and operating a vehicle storage area or impoundment lot within the city shall allow periodic inspections by the building official, the code enforcement officer and the police department of the storage yard or impoundment lot, the vehicles located there, and the towing and impoundment records of said entity, including the record required by subsection a. Said inspections shall become a condition of receipt of a business license or renewal of an existing license, and by applying for said license or renewal thereof, all wrecker services operating a vehicle storage yard or impoundment lot become bound by these provisions.

c.

No vehicle storage area or impoundment lot may be operated in the Benjamin Hawkins Industrial Park, the North Peach Industrial Park, or any other area designated as an industrial park.

d.

The parking or storage of commercial vehicles, temporary or otherwise, of tractor trailers, semis, or any combination thereof. Commercial vehicles include, but are not limited to, all vehicles which have/are any of the following characteristics, either singularly or in any combination thereof: not a passenger vehicle; and all vehicles which have six wheels; and all vehicles which have a gross vehicle weight of 10,000 pounds; and all vehicles for which the operation of same requires a commercial driver's license; and all vehicles for which the operation of same which require a local, state, or federal regulatory heath card/health test passage or clearance, or other similar requirements to lawfully operate such vehicle; any vehicle which is regulated by a state and/or federal department(s) of transportation. This definition is applicable throughout the entire appendix A of this Code.

(d)

A vehicle storage area or lot, wherein motor vehicles are stored or held for the vehicle owners at the request of said owners, lienholders, or law enforcement officials, may be operated as a permitted use, provided that:

(1)

The lot is owned or leased and operated by the owner of the business providing the storage service and/or engaged in the business of storing vehicles at the request of the owner of said property.

(2)

All open storage activities shall be completely enclosed by a fence or wall having a minimum height of six vertical feet. Such fence or wall must be constructed of materials or covered by material which will effectively screen all operations from view from any public street or any point on the abutting property line. Any access to the yard's interior will be limited to specific driveway entrances which are constructed with gates that are to be locked during nonbusiness hours, and the contents within the yard, as well as the business operation of same, shall be contained within the fence or wall. All entrances to said property shall be constructed with at least eight inches of pavement or concrete, utilizing rebar reinforcement, for all entrances and driveways of a minimum width of 40 feet extending 25 feet into the property.

(3)

The number of vehicular driveways affording access into the yard on any single street frontage shall be limited to one per 300 linear feet. Each driveway shall be enclosed with gates that screen all interior activities from view outside of the property line and shall be no wider than 40 feet.

(4)

No vehicle storage area or lot shall be erected any closer than 750 feet to any property line of any property contained within the C-2 downtown business district.

(5)

Any building or structure within the yard shall be completely enclosed.

(6)

Minimum lot size shall be one acre.

(7)

No vehicle storage operation shall be permitted to be located on or facing any state or federal highway.

(8)

The storage area or yard shall be graded such that water runoff will be channeled away from any neighboring residential area, any natural area designated for city water supply recharge, or any cultivated area. Further, such runoff shall not cause or promote the erosion of soil from abutting properties. The yard shall comply with all construction regulations and stormwater management regulations.

(9)

The yard shall not be utilized as a dumping area, landfill, or similar non-specified purpose, which requires particular regulations and operational licenses to protect the public health and welfare. This exclusion includes putrescible wastes of semisolid or liquid form and solid wastes.

(10)

All vehicles stored within the storage yard or lot must be located at least four feet from the interior of the fence surrounding the lot and at least two and one-half feet from any other vehicle. Said open spaces must be kept mowed and free of debris to facilitate inspections and fire suppression.

(11)

Any junk, or unserviceable, vehicle shall be removed to a junk or salvage yard within six months of arrival to the storage yard if not claimed by the owner.

a.

In order to ensure compliance with this subsection, all businesses holding a business license and operating a vehicle storage area or lot within the city shall maintain a list of all vehicles located within the yard or lot, identified by make, year, model, VIN, color and name and address of the registered owner. This provision shall become a condition of receipt of a business license or renewal of an existing license, and by applying for said license or renewal thereof, all wrecker services operating a vehicle storage yard or lot become bound by these provisions.

b.

All those holding a business license and operating a vehicle storage area or lot within the city shall allow periodic inspections by the building official, the code enforcement officer and the police department of the storage yard or impoundment lot, the vehicles located there, and the towing and impoundment records of said entity, including the record required by subsection a. Said inspections shall become a condition of receipt of a business license or renewal of an existing license, and by applying for said license or renewal thereof, all wrecker services operating a vehicle storage yard or impoundment lot become bound by these provisions.

(12)

No vehicle storage area or lot may be operated in the Benjamin Hawkins Industrial Park, the North Peach Industrial Park, or any other area designated as an industrial park.

a.

Sales of new and used motor vehicles, travel trailers, mobile homes, farm and construction equipment, both motorized and trailers, which need not be enclosed, but any mechanical or body repair or welding must be conducted entirely within a structure without openings, other than a window or pedestrian door, facing a residential district within 200 feet. All vehicles on a used car lot must be in operating condition at all times.

b.

Restaurants that sell beer, malt beverages, wine, and distilled spirits for consumption on the premises when the restaurant derives at least 70 percent of its gross revenue from the sale of food and beverages other than alcoholic beverages.

c.

Manufacturing—Battery, boat, cardboard containers, electrical machinery and equipment, fertilizer, furniture, garment, metal, musical instruments, novelties, paint, pharmaceutical products, photographic equipment and supplies processing, plastic glass and glass products, shellac, shoe and leather goods, sporting and athletic goods textile, souvenirs, tire and recapping, toys, turpentine, varnish, upholstery and the storage of materials and end-products; manufacturing, processing, and bulk storage of chemicals and chemical products, except as specifically prohibited in this section; manufacturing, refining, processing, or the bulk storage of petroleum, and petroleum products, including gasoline, kerosene, oils, asphalt, tar, propane.

d.

Bus, truck, and railroad terminal facilities.

e.

Other uses which are similar or compatible to the uses permitted in this section and are not specifically prohibited. The zoning enforcement officer shall make the determination.

I-1 DISTRICT LOT SIZE REGULATIONS FOR ALL PERMITTED USES
(Article II, Section 12, Table 1)

* Except as provided below or otherwise by council, if an I-1 use abuts a residential district, then the abutting rear, front, and side yards shall be 100 feet. I-1 properties abutting properties on Chapman Road and currently designated as Parcel Numbers 056 027, 056 028, 056 029, 056 030, 056 031, and 056 032 are excepted from these setbacks for only the rear of the property(s).

(Ord. No. 2023-12, Exh. A, 4-8-2024)

The following uses in the I-1: industrial district are permitted uses (see article II, permitted use table).

Permitted Use Table Supplementary Requirements

The following land uses are permitted uses when approved by the zoning review board:

(a)

Junk, salvage, or wrecking yards and structures, wherein motor vehicles, appliances, or similar used equipment or material are stored, dismantled, or sorted for display, sale, or packing:

(1)

All open storage and processing activities are enclosed within a wall or structure; such wall or structure shall be constructed and maintained in such a manner that:

a.

No open storage or processing activity shall be visible from any public street or any point on the abutting property line; and

b.

Any access to the yard's interior will be limited to specific driveway entrances which are constructed with gates that are to be locked during nonbusiness hours; and

c.

The contents within the yard, as well as the business operation of same, shall not extend beyond the containing wall or structure.

(2)

The number of vehicular driveways affording access into the yard(s) on any single street frontage shall be limited to one per 500 linear feet. Each driveway shall be enclosed with gates which screen all interior activities from view outside of the property line and shall be no wider than 40 feet and shall extend a minimum of 25 feet into the property.

(3)

No junk, salvage, or wrecking yard or structure shall be erected: closer than 300 feet to any abutting property line of a residentially zoned area or any property zoned C-2; closer than 25 feet to any abutting property line for areas zoned agricultural, C-1, C-3, commercial, or I-1 industrial; closer than 300 feet to any abutting property line of an area zoned for retail businesses and/or offices.

(4)

In addition to being subject to all requirements, regulations, and restrictions for wrecker yards herein, all salvageable separate parts shall be stored at least 18 inches above ground level, and the ground area under such storage racks shall be maintained to prevent the accumulation of clutter and excessive plant growth. Nothing may be stored within four feet of any exterior fencing.

(5)

Any remaining scrap metal should be removed from the premises either by sale, or by transport as waste to the county landfill; in no case, shall large accumulations of scrap metal be allowed to remain.

(6)

Any building or structure utilized for storage of salvageable parts shall be completely enclosed.

(7)

Minimum lot size shall be two acres.

(8)

There shall be no open incineration of any materials or substances.

(9)

Yards which begin business operation after the adoption of this ordinance shall be located and graded such that water runoff and leaching from the yard will be channeled away from any neighboring residential area, any natural area designated for city water supply recharge area(s), or any cultivated area. Further, such runoff shall not cause or promote the erosion of soil from abutting properties.

(10)

These yards shall not be utilized as a dumping area, landfill, or similar non specified purpose which requires particular regulations and operational licenses to protect the public health and welfare. This exclusion includes putrescible wastes of semisolid or liquid form, solid wastes which are not specifically incorporated into the yard's normal business inventory, or operational process.

(b)

Manufacturing, provided that the use is compliant with all local, state, and federal laws, restrictions, and/or regulations, Creosote treatment and processing; corrosive acid or bulk storage including, but not limited to, hydrochloric, nitric, sulfuric, or similar acids; paper; manufacturing, processing, or bulk storage of acetylene; manufacture or bulk storage of insecticides, fungicides, or germicides.

(c)

Sales of new and used motor vehicles, travel trailers, mobile homes, farm, and construction equipment, both motorized and trailers, which need not be enclosed, but any mechanical or body repair or welding must be conducted entirely within a structure without openings, other than a window or pedestrian door, facing a residential district within 200 feet. All vehicles on a used car lot must be in operating condition at all times.

(d)

Telecommunications towers in excess of 100 feet in height.

(e)

Where a use is neither permitted nor prohibited, and the zoning administrator does not find any use which is substantially similar in either the permitted or prohibited uses, the zoning administrator shall consider an application for such proposed use, the facts, and circumstances relating to the proposed use, and make a decision regarding the granting or denial of the proposed use. In making a decision, the zoning administrator shall consider the following: the overall nature, purpose, and stated intent for the zoning designation; the nature and characteristics of the permitted uses listed; the nature and characteristics of the prohibited uses listed; the lot size and general location of the proposed use; the surrounding permitted uses; and any regulations listed for the zoning classification of the proposed use regarding design or building standards. Any decision adverse to the applicant is subject to review upon application or request of the applicant and shall be considered under the procedures provided for in appendix A, part 3, article VIII.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

(a)

Any use or activity which is not in full compliance with all the requirements and standards enumerated in this section.

(b)

Dwellings, except living quarters for custodians, security guards, and caretakers, when such facilities are accessory to primary land usage.

(c)

Elementary, junior high, or senior high schools, public and private; colleges or vocational-technical schools, public and private.

(d)

Drive-in restaurants.

(e)

Drive-in theaters, bowling alleys, skating rinks, golf driving ranges, miniature golf courses, and similar carnival or commercial-type amusements; except recreational centers or facilities provided by an employer located in the district for the exclusive use of employees, their families, and guests.

(f)

Manufacturing, processing, and/or bulk storage of any of the following substances, materials, or end-products: asbestos, ammonia (gas or liquefied), explosives or fireworks, materials or substances which contain or emit harmful radiation; any other highly flammable, highly combustible, or highly toxic substance or material which would pose a threat to the health and safety of the general public, unless otherwise specifically permitted by this section.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

(a)

Each I-1 use shall be located only on a major arterial street.

(b)

No trackage from a railroad siding shall be located nearer than 500 feet from any residentially zoned area.

(c)

A buffer yard of not less than 200 feet in width shall be provided along each I-1 district boundary line which abuts any residentially zoned district. Such buffer yard shall be in lieu of front, side or rear yards. The first 100 feet of the buffer nearest the district boundary line shall not be used for any processing activity, building, or structure, other than fences, or walls, and shall be improved and maintained as a landscaped planting strip which obscures visibility across property lines. The remaining 100 feet of said buffer yard shall not be used for processing activities, buildings, or structures, other than off-street parking lots for passenger vehicles, and fences or walls.

(d)

Driveways, streets, and facilities for routing traffic shall be designed in such a manner that entrances and exits to public streets are not hazardous, and that traffic congestion is minimized. Furthermore, no entrances or exits shall direct traffic into adjacent residential areas.

(e)

The open storage of equipment, materials, or commodities may be permitted, provided: such storage shall not be located within any required front or buffer yard; shall be screened from all major streets; and, when located on a lot adjacent to a residentially zoned area, shall be screened from said residential district. Such a screen may be in the form of walls or fences; shall be at least six feet in height; and shall obscure the view from any point along a residentially zoned abutting property line or street right-of-way.

(f)

The parking of passenger vehicles shall be permitted in any required yard except the front 50 percent of required front yards and portions of the buffer yards as otherwise established in this section.

(g)

Any portion of an improved lot or parcel not contained within a building or within paved parking and loading areas, alleys, drives or walkways shall be landscaped with turf, shrubs, trees, or other plantings.

(h)

All signs shall comply with the regulations in this ordinance (see appendix Z-I).

(i)

The buffers in this section shall not apply to uses which specifically have distance/buffer provisions included in another section, for examples, see Section 12.1.1(c), (d), and sections relating to wrecker yards.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

To restrict or prohibit uses which may be dangerous to health, safety, or property in times of flood, or which may cause increased flood heights or velocities; to require that uses vulnerable to floods, including public facilities which serve such uses, be provided with physical flood protection features at the time of initial construction; to protect individuals from buying lands which are unsuited for intended purposes, because of flood hazards; and other public requirements to protect against floods. All plats in a designated flood hazard area must be stamped as according to a designated FEMA map.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

For the purpose of these regulations, floodplain information studies, as prepared by the U.S. Army Corps of Engineers, are made a part of these regulations. The Corps of Engineer report shall be kept permanently in the office of the zoning enforcement officer, where said reports shall be accessible to the general public. The boundaries of the floodway district shall be synonymous with the limits of an intermediate regional flood as determined in the above said studies.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

The following open-type uses are permitted in the FH flood hazard district subject to approval of the board of zoning appeals, and to such conditions the said board may specify to protect the public interest:

(a)

Adjacent to agricultural and residential districts.

(1)

Agricultural uses include crops, nursery stock, and tree farming, truck gardening, livestock grazing, and other agricultural uses which are of the same or a closely similar nature.

(2)

Railroads, streets, bridges, and public utility wire and pipelines for transmission and local distribution purposes.

(3)

Public parks and playgrounds and outdoor private clubs including, but not limited to, country clubs, swimming clubs, tennis clubs, provided that no principal building is located in the floodway.

(4)

Recreational camp, campgrounds, and camp trailer parks, provided that restroom facilities shall be located and constructed in accordance with the health department requirements.

(5)

Commercial excavation of natural materials and improvements of a stream channel.

(6)

Other similar uses accessory to those permitted in the adjoining district.

(b)

Adjacent to a commercial district.

(1)

Any of the above permitted uses.

(2)

Archery range, drive-in theaters, miniature golf courses, and golf driving ranges.

(3)

Marina, boat launching ramp, boat rental, boat sales provided that no principal building is located in the floodway unless it is designed and constructed to withstand without major damage, the flood conditions at the site.

(4)

Loading and unloading areas, parking lots, used car lots.

(5)

Other similar uses accessory to those permitted in the adjoining district.

(c)

Adjacent to an industrial district.

(1)

Agricultural uses include crops, nursery stock, and tree farming, truck gardening, livestock grazing, and other agricultural uses which are of the same or closely similar nature.

(2)

Storage yards for equipment and material not subject to major damage by flood, provided, such use is accessory to a use permitted in an adjoining district.

(3)

Parking lots.

(4)

Railroads, streets, bridges, and utility lines.

(5)

Other similar uses accessory to those permitted in the adjoining district.

(d)

Required plans. No permit shall be issued for the construction of any building or structure including railroads, streets, bridges, and utility lines or for any use within the flood hazard district until the plans for such construction or use have been submitted to the zoning review board and approval is given in writing for such construction or use. In its review of plans submitted, the zoning review board shall be guided by the following standards, keeping in mind that the purpose of this district is to prevent encroachment into the floodway which will unduly increase flood heights and endanger life and property.

(1)

Any structure or the filling of land permitted shall be of a type not appreciably damaged by floodwaters, provided no structures for human habitation shall be permitted.

(2)

Any use permitted shall be in harmony with and not detrimental to the uses permitted in the adjoining district.

(3)

Any permitted structures or the filling of land shall be designed, constructed, and placed on the lot so as to offer the minimum obstruction to and effect upon the flow of water.

(4)

No filling of land within the floodway shall be allowed except where necessary for the construction of railroads, streets, bridges, and utility lines.

(5)

Any structure, equipment, or material permitted shall be firmly anchored to prevent it from floating away and thus damaging other structures and threatening to restrict bridge openings and other restricted sections of the stream.

(6)

Where in the opinion of the said board topographic data, engineering, and other studies are needed to determine the effects of flooding on a proposed structure or fill and/or the effect of the structure or fill on the flow of water, the said board may require the applicant to submit such data or other studies prepared by competent engineers and other technical people.

(7)

The granting of approval of any structure or use shall not constitute a representation, guarantee or warranty of any kind or nature by the governing body or the board of zoning appeals or by any officer or employee thereof, for the practicality or safety of any structure or use proposed and shall create no liability upon or cause action against such public body, officer, or employee for any damage that may result pursuant thereto.

(8)

Warning of and disclaimer of liability. The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions, or the flood height may be increased by manmade or natural causes, such as bridge openings restricted by debris. These regulations do not imply that areas outside the flood district boundaries or land uses permitted within such district will be free from flooding or flood damage. These regulations shall not create liability on the part of the government or any officer or employee thereof for any flood damage that results from reliance on these regulations, or any administrative decision lawfully made thereunder.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

Cross reference— Floods, ch. 20.

(Ord. No. 2023-12, Exh. A, 4-8-2024)