This article defines the zoning districts in the county and identifies the specific uses to which land and structures may be put in the various zoning districts, including certain uses or structures for which special approval is required in order to be allowed. In addition, this article identifies specific uses within each zoning district to which restrictions may apply. Restrictions on particular uses are presented in Article III of this Development Code.

(Ord. of 10-13-2020)

The boundaries of the various zoning districts are shown on a map entitled "The Official Zoning [Map] of the Barrow County, Georgia", adopted on the date of adoption of this Development Code, and as amended thereafter from time to time.

(a)

Official map adopted.

(1)

The "Official Zoning Map of Barrow County, Georgia" (referred to in this Development Code as the "zoning map") is adopted as the official zoning map and is hereby made a part of this Development Code, and all notations, references and other information shown on it shall be a part of this Development Code.

(2)

The official zoning map as adopted at the time of adoption of this Development Code or as subsequently readopted in its entirety shall be identified as that map or series of maps signed by the chairman in office at the time of adoption, and attested by the clerk of the board of commissioners. A certified copy of the zoning map as originally adopted shall be kept on record in the county clerk's office.

(3)

The zoning map as adopted and as may be amended by the board of commissioners from time to time sets forth the location of all zoning districts in the county.

(b)

Amendments.

(1)

The zoning map, as adopted by the board of commissioners and amended from time to time by its action, shall be maintained and available in the Planning and Community Development Department. The map as amended from time to time by the board of commissioners may be kept in an electronic format from which printed copies can be

(2)

No changes of any nature shall be made to the official zoning map except in conformity with amendments to the map approved by the board of commissioners or by adoption of a new official zoning map of Barrow County. Such amendments shall be spread upon the minutes of Barrow County and shall be available for public inspection.

(3)

All zoning district boundary changes and amendments to the zoning map shall be noted on the map maintained in the Planning and Community Development Department with the date of the zoning change or amendment and reference to the implementing ordinance.

(Ord. of 10-13-2020)

(a)

Zoning district boundaries; general.

(1)

The boundaries of the districts as shown on the zoning map shall be determined on the basis of the legal descriptions or boundary surveys associated with approved zoning petitions, or, lacking such legal descriptions or surveys, on the basis of the location of the boundary as depicted on the zoning map along with any dimensions shown.

(2)

All property in the county is placed in the zoning districts as indicated on the zoning map and no property shall be used except in accordance with its zoning designation on the zoning map, conditions of zoning approval and provisions of this Development Code.

(b)

Zoning district boundaries; delineation. Where uncertainty exists as to the boundaries of any district shown on the official zoning maps the following rules shall apply:

(1)

Where boundaries are indicated as approximately following the centerline or right-of-way line of streets and alleys, land lot lines, militia district lines or lot lines, these lines shall be construed to be these boundaries.

(2)

In unsubdivided property or tracts, where a district boundary divides a lot, the location of these boundaries shall be scaled distance from lot lines. In this situation, the requirements of the zoning district in which the greater portion of the lot lies may be extended to the balance of the lot except that such extension shall not include any part of a lot that lies more than 50 feet beyond the zoning district boundary line.

(3)

In the case of a through lot (a "double-frontage" lot) fronting on two separate streets that is divided by a zoning district boundary line approximately paralleling the streets, the restrictions of the zoning district in which each frontage of the through lot lies shall apply to that portion of the lot.

(4)

Where boundaries are so indicated that they are approximately parallel to the centerline or right-of-way line of streets, alleys or highways, these boundaries shall be construed as being parallel thereto and at such distance there from as indicated on the zoning maps. If no distance is given, this dimension shall be determined by the use of the scale shown on the maps.

(5)

In case any further uncertainty exists, the board of appeals shall determine the location of boundaries.

(6)

Where a public road, street or alley is officially vacated or abandoned, the regulations applicable to the property to which it is reverted shall apply to such vacated or abandoned road, street, or alley.

(Ord. of 10-13-2020)

Contemporaneously with the adoption of this Development Code, the county commission implements and adopts the "Future Land Use Map" of the Barrow County comprehensive plan, as subsequently amended from time to time.

(Ord. of 10-13-2020)

(a)

Districts established.

(1)

For purposes of this Development Code, the following zoning districts are established as listed in Table 2.1 along with the zoning map symbol and the comprehensive plan future land use map designation that is being implemented by the zoning district.

(2)

The zoning districts shown on Table 2.1 (with the exception of the overlay districts) are listed in order of restrictiveness from most to least, with the AG agricultural district the most restrictive and the M-2 heavy commercial district the least restrictive.

Table 2.1: Zoning Districts

* Refers to Future Land Use Map categories for unincorporated Barrow County, as set forth in the Comprehensive Plan.

** The AC district is grandfathered; no new rezonings to AC will be approved under this Development Code.

*** Secondary consideration only: C-3 zoning in areas designated as "Commercial Corridor" on the Barrow County Future Development Map is only appropriate where higher intensity uses exist, industrial uses are adjacent, or rail access is present.

**** Secondary consideration only: R-3, C-2, and M-2 zoning in areas designated as "316 Innovation Corridor" on the Barrow County Future Development Map is only appropriate when compatible with existing development patterns and/or there is need for ancillary uses to the primary use.

(b)

Special conditions of previous zoning approvals retained. All special conditions and special stipulations imposed as conditions of rezoning of property prior to adoption of the zoning map are hereby retained and reaffirmed, and shall continue in full force and effect until such time as the property is rezoned or the prior zoning action of the board of commissioners is amended through the rezoning process established by this Development Code.

(c)

Conversion of previous zoning districts. Zoning districts as were established under the previous zoning ordinance of Barrow County are hereby renamed to the following zoning district names and designations under this Development Code, as shown on Table 2.2. All regulations, requirements and provisions of this Development Code applicable to a zoning district established under this section shall apply to the previously named zoning district as now named, as shown on Table 2.2.

Table 2.2: Conversion of Previous Zoning Districts

* The AC district is grandfathered; no new rezonings to AC will be approved under this Development Code.

(Ord. of 10-13-2020)

Application of the comprehensive plan: The Barrow County Comprehensive Plan in combination with its future land use map establishes appropriate land use categories and a range of development intensities, composed of densities, floor area ratios, or similar measures, for each land area in the county. This Unified Development Code and the county's individual project approvals provide development standards, plan requirements and other factors that shall determine the development intensity of each project within the comprehensive plan range. The county reserves the right to limit projects to intensities below the comprehensive plan's upper limits. The zoning districts and the corresponding comprehensive plan future land use map designations are listed in Table 2.1.

(Ord. of 10-13-2020)

(a)

Agricultural district (AG). The AG agricultural district is composed chiefly of open land, small agricultural uses and individual single-family houses. The regulations for this district are designed to encourage compatibility between existing agricultural uses and the development of limited low-density residential development while maintaining the rural character of the district. This district is characterized by large acreage residential lots and farms of at least five acres. Institutional uses (such as churches) that are compatible with the rural environment and compatible commercial farm uses, such as commercial greenhouses and riding stables are allowed.

(b)

Agricultural-residential district (AR). The AR agricultural-residential district is established to provide a transition between agricultural uses and residential uses. This district provides a location for light agriculture, single-family residential, residentially compatible institutional and recreational uses, and selected agricultural related commercial, such as produce stands, within a rural setting. When residentially compatible institutional, recreational and commercial uses are developed within the AR district, they are to be designed and built to ensure density compatibility with adjacent single-family detached dwellings and otherwise to implement the stated purpose and intent of this Development Code. Minimum lot size within the district is two acres.

(c)

Low-density single-family residential district (R-1). The R-1 low-density single-family residential district is established to provide locations for single-family detached residential uses on individual lots, conventional subdivisions, any type of master planned developments, and residentially compatible institutional and recreational uses. When residentially compatible institutional and recreational uses are developed within the R-1 district, they are to be designed and built to ensure density compatibility with adjacent single-family detached dwellings and otherwise to implement the stated purpose and intent of this Development Code.

(d)

Medium-density residential district (R-2). The R-2 medium-density residential district is established to provide locations for smaller lot single-family, fee simple duplexes, fee simple townhouses (single-family attached) and residentially compatible institutional and recreational uses. When residentially compatible institutional and recreational uses are developed within the R-2 district, they are to be designed and built to ensure density compatibility with adjacent residential dwellings and otherwise to implement the stated purpose and in Code.

(e)

High-density residential district (R-3). The R-3 high-density residential district is established to provide locations for a mix of housing types, including single-family detached residential, attached single-family residential uses, duplexes, triplexes, quadraplexes and townhouses, and condominiums. The intention of this district is to incorporate multi-family residential within small complexes that will not create a large impact on services within the community. When residentially compatible institutional and recreational uses are developed within the medium-density residential district, they are to be designed and built to ensure density compatibility with adjacent residences and otherwise to implement the stated purpose and intent of this Development Code.

(f)

Manufactured housing district (MH). The MH manufactured housing district is established to provide locations for manufactured home subdivisions and manufactured home parks, in addition to single-family, two-family or multi-family residential developments. When residentially compatible institutional and recreational uses are developed within the manufactured housing district, they are to be designed and built to ensure density compatibility with adjacent residences and otherwise to implement the stated purpose and intent of this Development Code. This district also allows small commercial uses and commercial accessory uses within developments.

(g)

Agricultural-commercial district (AC). A district of at least one acre in size intended to preserve and promote agriculture-related businesses and activities. Properties previously zoned AC may continue to be used or developed under their zoning approval, but no new AC zoning requests will be approved under this Development Code.

(h)

Office and institutional (O-I). The O-I office and institutional district is established to provide locations for business service, administrative and professional offices; semi-public and nonprofit institutions such as private schools, churches and other places of worship, and medical centers; and limited commercial activities generally not involving personal services or retail sales, or the storage or processing of merchandise.

(i)

Neighborhood commercial district (C-1). The C-1 neighborhood commercial district is established to provide locations for individual businesses that reflect a neighborhood level of intensity and serve a small geographic area, that are compatible with the surrounding residential neighborhoods, and that are not traffic intense. Uses are to consist primarily of convenience shopping facilities, small offices and services that serve a neighborhood-oriented market and which supply necessities and/or services that usually require frequent purchasing with a minimum of consumer travel. When located within any type of master planned development, the NC district should provide for uses that are lower intensity in nature, or design features implemented in order to ensure compatibility with adjacent dwellings.

(j)

Community commercial district (C-2). The C-2 community commercial district is established to provide locations for office, commercial and service uses that serve several neighborhoods or a portion of the county. Uses within this district are more impact-intensive than neighborhood commercial uses and should be located at the perimeter of residential areas and along major thoroughfares. The CRC district is intended to accommodate a range of commercial, retail, service and office uses, from a more community serving level including medical office developments, banking and financial institutions, professional offices, community retail and services, and shopping centers anchored by grocery or drug stores.

(k)

Intensive commercial district (C-3). Within the C-3 intensive commercial district, land uses are oriented to those, which are designated to serve the automotive traveling public. This district provides locations for retail commercial, storage, limited light industrial uses and service uses that are land intensive and have a need for major road access and visibility. The district is intended to serve the automobile, its passengers and highway users rather than individuals who use an automobile as convenience to perform necessary daily and weekly personal needs. The district is intended to be restricted to major arterials and collectors which may also have other businesses located on them. Major planned shopping centers, specialty shopping centers, big box commercial centers and villages incorporating shared access, parking and design are encouraged.

(l)

Light industrial district (M-1). The M-1 light industrial district is established to provide locations for office, churches and other places of worship, business park, light manufacturing and distribution/service facilities developed as planned industrial developments that are located on or have ready access to a major collector or arterial street. Light manufacturing facilities shall not involve heavy manufacturing or the conversion of raw materials into finished products. Light manufacturing uses shall generally consist of establishments for processing, assembling, fabricating, preparing, cleaning, servicing, testing, or repairing of materials, goods or products. Such uses should be encouraged near existing like uses, in accordance with policies outlined in the Barrow County Comprehensive Land Use Plan.

(m)

Heavy industrial district (M-2). The M-2 heavy industrial district is established to provide locations for churches and other places of worship, intensive industrial uses such as automobile repair and service, heavy manufacturing, uses involving chemicals, warehousing and storage, and other industrial uses that are not public nuisances and are not dangerous to the health, safety or general welfare of the inhabitants of Barrow County. Sites within this district shall have direct access from an arterial or major collector road. When located at the perimeter of a future land use map industrial category, the M-2 district should provide for uses that are lower in intensity and scale to ensure minimal impact to adjacent properties.

(n)

Airport hazard overlay district (AHO). An overlay district s that are within the flight approach zones of airports in the county as depicted in Exhibit "A" attached herein. The regulations of this district are intended to establish height and use restrictions within the flight approach zones.

(o)

Highway corridor overlay district (HCO). An overlay district applicable to land parcels of record as depicted on the Highway Corridor Overlay District Map shown in Exhibit "B" attached herein.

(Ord. of 10-13-2020)

(a)

Allowed principal and accessory uses.

(1)

Principal use: The specific, primary purpose for which land or a building is used.

(2)

Accessory use: A use that is permitted on a property in conjunction with a principal use. An accessory use is incidental to the principal use and would generally not exist independent of the principal use.

(3)

Principal uses that are allowed by right or allowed only by special use approval in each zoning district are shown on the following Table 2.3. Accessory uses that are allowed in conjunction with a principal use are shown on Table 2.1.

(b)

Restrictions on particular uses.

(1)

Requirements that apply to specific uses are listed in the Article III of this Development Code. For convenience, those uses are identified by a separate symbol on the following Table 2.3 and Table 2.4 for uses that would otherwise be allowed by right. The restrictions also apply to special uses unless specifically waived or modified as a stipulation of special use approval. For those uses that have specific restrictions associated with them, a reference is given on the two tables to the pertinent section in Article III.

(2)

The following sections of Article III apply to all or a variety of individual uses, however, and are not generally indicated on either of the two tables:

a.

Section 89-122, Agricultural separation requirements.

b.

Section 89-123, Environmentally hazardous uses.

c.

Section 89-124, Outdoor display areas.

d.

Section 89-125, Outdoor storage.

e.

Section 89-134, Restrictions on uses in commercial and industrial districts.

f.

Section 89-135, Sexually oriented businesses.

g.

Section 89-136, Timber harvesting notice.

h.

Division 4, Airport hazard zone restrictions.

i.

Division 5, Prohibited uses.

(c)

Special uses. Principal uses that are special uses may be allowed subject to special use approval procedures as set forth in the procedures and permits article (article XII) of this Development Code.

(d)

Prohibited uses.

(1)

Any principal use not shown on the following Table 2.3 as allowed in a zoning district, whether by right or with approval as a special use or as a use permitted with restrictions, is specifically prohibited.

(2)

Any accessory use not shown on the following Table 2.4 as allowed in a zoning district, whether by right or with approval as a special use or as a use permitted with restrictions, is specifically prohibited.

(3)

In addition, uses, products and manufacturing processes that are specifically prohibited in all zoning districts are listed in the prohibited uses division of the restrictions on particular uses article of this Development Code.

(e)

Interpretation of principal and accessory land uses.

(1)

In addition to other generally accepted references and resources, the "North American Industrial Classification System" (NAICS), published by the U.S. Department of Commerce (2002 Edition), may be referred to in order to interpret the definition of uses listed on Table 2.3 and Table 2.4 and to identify similar uses that may be allowed along with each listed use. The NAICS classification number is shown on the tables for each applicable use category for reference and interpretation only; the NAICS is not adopted as part of this Development Code.

a.

The NAICS industrial classification system includes two to six-digit codes, with longer codes representing more detailed subsets of the shorter codes.

b.

In order to provide a concise list of uses, the shortest group category is provided for uses where all of the more detailed NAICS sub-categories are also included.

(2)

The NAICS assigns classification numbers to businesses and industries based on the primary business activity in which the company is engaged. While business activity usually corresponds to land use type, and therefore can be easily assigned to appropriate zoning districts, there are exceptions. Some businesses may be primarily engaged in a certain industry—such as telecommunications, for instance, like BellSouth—but individual locations host notably different activities. For a company like BellSouth, for instance, different facilities may include retail stores for telephones, offices for administrative functions, satellite and exchange switching stations, and repair and installation staging lots where heavy equipment vehicles, telephone poles, wire spools and materials are stored. As a result, interpretation is occasionally needed for an individual use, regardless of the business activity in which the parent company is engaged.

a.

If no NAICS classification number is shown on the table, there is no corresponding category to the land use listed. The use may be residential in nature (there are no NAICS categories for residences) or may be a land use activity not generally recognized as an individual business activity or industry type.

b.

In all cases of uncertainty, the determination of whether or not a particular use is allowed in a particular zoning district shall reflect the purpose of the zoning district as stated in this article, both the common and dictionary definitions of the use, and similarity to the array of listed uses that are allowed in the district as to their character and intensity.

(Ord. of 10-13-2020)

Land use categories referred to in this Development Code have the following meanings. The use of the term "property" relative to a land use category includes both developed and undeveloped properties, while the term "use" means a property that is developed, occupied or otherwise in operation under the land use category.

(1)

Agricultural: A property used primarily for the cultivation of crops, dairying or the raising of livestock, or a vacant property zoned or offered for sale or lease for such purpose. Agricultural uses are all uses listed on Table 2.3 under the category "Agriculture, Forestry, Fishing and Hunting".

(2)

Single- and two-family residential: A property occupied primarily by one or more single-family dwellings or duplex dwellings, or a vacant property zoned or offered for sale or lease for such purpose. Single- and two-family residential uses are listed as "Single-Family Detached" and "Single-Family Attached: Duplex" on Table 2.3 under the category "Residential Uses".

(3)

Multi-family residential: A property occupied primarily by one or more residential buildings containing three or more dwelling units, or a mobile home park, or a vacant property zoned or offered for sale or lease for such purposes. Multi-family residential uses are all uses listed on Table 2.3 under the category "Residential Uses" other than "Single-Family Detached" and "Single-Family Attached: Duplex".

(4)

Commercial: A property occupied by one or more business establishments that are primarily engaged in the sale of goods; the provision of personal, professional, business, entertainment or other commercial services; the management of a business enterprise; or the provision of temporary housing to the traveling public (such as a motel); or a vacant property zoned or offered for sale or lease for such purposes. Commercial uses are all uses listed on Table 2.3 under the categories "Administrative and Professional Offices", "Commercial Services", "Arts, Entertainment and Recreation", and "Retail Trade".

(5)

Industrial: A property occupied by one or more business establishment that are primarily engaged in the fabrication, manufacture or production of durable or nondurable goods, or a vacant property zoned or offered for sale or lease for such purpose. Industrial uses are all uses listed on Table 2.3 under the categories "Manufacturing, Wholesaling and Warehousing" and "Transportation, Communications and Utilities".

(6)

Institutional use: A property occupied by a private, nonprofit religious, recreational, educational or philanthropic organization, club or semi-public institution. Institutional uses are all uses listed on Table 2.3 under the category "Public and Institutional Uses".

Table 2.3: Principal Use Table