Columbus City Zoning Code
CHAPTER 3
USE REGULATIONS AND STANDARDS
Section 3.1.1. - Permitted, Special Exception and Prohibited Uses.
A.
Permitted, Special Exception, and Prohibited Uses. Permitted uses, conditional uses, and prohibited uses are established in Table 3.1.1. The use of all new or existing buildings, structures, and properties shall conform to the requirements of this table.
B.
Additional Standards. Additional standards applicable to certain uses are indicated in Table 3.1.1 by an asterisk in the "Notes" column. The standards are listed in Article 2 following the table. Unless otherwise provided in these regulations, the additional standards shall apply to each use as indicated in this Article.
C.
Compliance. All uses identified in Table 3.1.1 shall comply with all applicable requirements of this UDO.
D.
Definitions. For the purposes of this Chapter, uses shall be defined as indicated below.
1.
Permitted Use. Any use allowed as a matter of right in a zoning district, subject to administrative review and compliance with all requirements contained in this UDO.
2.
Special Exception Use. Any use that may be allowed, subject to review and consideration by the Planning Advisory Commission and Council as set forth in Article 2 of Chapter 10.
3.
Prohibited Uses. Any use not listed as a permitted or special exception use in Table 3.1.1, or not recognized as a similar use, is a prohibited use, and shall not be established.
E.
Similar Uses. A use not listed in Table 3.1.1, but possessing similar characteristics, including but not limited to size, intensity, density, operating hours, demands for public facilities such as water and sewer, traffic impacts, manufacturing and business practices, may be established upon approval by the Director.
1.
Applicable Standards. Such uses shall be subject to all standards and requirements of the uses to which they are similar.
2.
Appeals. Appeals of such determinations shall be made to the Board of Zoning Appeals.
Section 3.1.2. - Accessory Uses.
A.
Status. For the purposes of this UDO, accessory uses are those uses that are customary, incidental and subordinate to a principal use.
B.
Establishment. An accessory use cannot be established, constructed, installed or otherwise implemented except in direct association with an existing principal use.
Section 3.1.3. - Variances from Additional Standards.
A.
Board of Zoning Appeals. The Board of Zoning Appeals shall not grant a variance from the additional standards applicable to permitted or special exception uses established in Article 2 of this Chapter.
B.
Board of Historic and Architectural Review.
1.
Variance May be Granted. The Board of Historic and Architectural Review may grant a variance from the additional standards applicable to permitted or special exception uses established in Article 2 of this Chapter for property located within the HIST zoning district or other property that has been recognized by the federal or state government as a landmark building or structure.
2.
Compliance with Variance Requirements. A request for variance approval shall comply with the requirements of Chapters 9 and 10. In addition, a request for variance shall comply with each of the standards listed below.
(A)
The variance will allow a building, structure or use to remain in or to become in context with its surroundings.
(B)
The variance will allow a building, structure or use to be compatible with the neighborhood or area in which located.
(C)
The variance will allow improvements to a building, structure or use that will enhance its historic architecture, grounds or other improvements.
(D)
The variance will allow a building, structure or use to contribute to the overall fabric of the HIST zoning district.
Section 3.1.4. - Waiver.
A waiver from the additional standards applicable to certain uses established herein may be granted by the Council as part of approval of a master planned development, subject to the applicable requirements of Chapter 2.
Section 3.1.5. - Master Planned Developments (MPD).
A.
Permitted, Special Exception and Prohibited Uses. The permitted, special exception and prohibited uses within a master planned district (MPD) are established by the underlying zoning district.
B.
Exception. In addition to the provisions of Table 3.1.1, uses may be established within the development approval by the Council. Uses not normally permitted within a MPD may be approved subject to the following standards:
1.
Consistency with the Comprehensive Plan;
2.
Consistency with the overall purpose and intent of this unified development ordinance; and
3.
Compatibility with existing, proposed, or potential land uses located on adjacent properties.
Table 3.1.1. Permitted, Special Exception and Prohibited Uses
Note— 1. Refer to Section 3.2.72 Wireless Communication Facilities.
Note— 2. All legal cannabis-related activity is subject to oversight of the Georgia Access to Medical Cannabis Commission (GMCC). The GMCC and their partners (GBI, UGA, National Institute on Drug Abuse, etc.) oversee ALL aspects of medical cannabis growth and distribution for the state of Georgia.
(Ord. No. 05-32, § 1, 4-5-05; Ord. No. 06-91, § 1, 10-17-06; Ord. No. 07-2, § 1, 1-23-07; Ord. No. 07-54, § 1, 8-21-07; Ord. No. 07-75, § 1, 11-20-07; Ord. No. 08-16, § 1, 5-13-08; Ord. No. 08-44, § 1, 8-19-08; Ord. No. 08-57, § 1, 10-7-08; Ord. No. 09-22, § 1, 6-2-09; Ord. No. 09-52, § 1, 11-10-09; Ord. No. 10-4, § 1, 1-26-10; Ord. No. 10-34, § 1, 7-13-10; Ord. No. 10-41, § 1, 8-24-10; Ord. No. 10-52, § 1, 11-9-10; Ord. No. 11-31, § 1, 6-28-11; Ord. No. 11-55, § 1, 11-8-11; Ord. No. 14-28, § 1, 6-17-14; Ord. No. 14-19, § 11, 5-27-14; Ord. No. 15-6, § 1, 2-10-15; Ord. No. 15-52, § 2, 10-27-15; Ord. No. 15-55, § 2, 11-17-15; Ord. No. 16-16, § 1, 6-14-16; Ord. No. 17-43, § 1, 7-11-17; Ord. No. 18-45, § 2, 10-9-18; Ord. No. 19-005, § 1, 2-26-19; Ord. No. 19-011, § 1, 3-26-19; Ord. No. 19-017, § 1, 4-9-19; Ord. No. 19-026, § 1.1, 5-28-2019; Ord. No. 19-037, § 1, 7-23-19; Ord. No. 20-029, § 4, 6-23-20; Ord. No. 20-030, § 1, 6-23-20; Ord. No. 20-050, § 1, 11-17-20; Ord. No. 21-017, § 1, 3-30-21; Ord. No. 21-023, § 1, 5-25-21; Ord. No. 23-007, §§ 2, 3, 1-31-23; Ord. No. 23-024, § 1, 5-23-23; Ord. No. 23-048, § 1, 8-22-23; Ord. No. 24-060, § 1, 10-22-24; Ord. No. 24-061, § 4, 10-22-24)
Section 3.2.1. - Applicability.
The requirements of this Article shall apply to specific uses located within specific zoning districts as provided in Table 3.1.1.
Section 3.2.2. - Adult Entertainment.
An adult entertainment use shall comply with Article IV, Chapter 14 of the City of Columbus Code, and all applicable requirements of that code and this UDO.
Section 3.2.2.1. - Ambulance Services.
An ambulance service shall comply with the following standards listed below.
A.
An ambulance service may be located in a Neighborhood Commercial (NC) Zone as a Special exception use as provided in Chapter 10, Article 2, Section 10.2.7.B.
B.
An ambulance service shall be limited to six (6) operating ambulances on site at any time in a NC (Neighborhood Commercial) Zoning District.
(Ord. No. 11-31, § 2, 6-28-11)
Editor's note— Ord. No. 11-31, § 2, adopted June 28, 2011, enacted provisions intended for codification as § 3.2.3.1. To preserve the style of this Code, and for classification purposes, said provisions have been redesignated as § 3.2.2.1.
Section 3.2.3. - Artisans.
Artisans shall comply with the standards listed below.
A.
Historic District. In the HIST zoning district, not more than two employees shall work onsite with the principal artisan.
Section 3.2.4. - Auto/Truck Paint and Body Shop.
An auto paint and body shop shall comply with the standards listed below.
A.
Bay or Garage Doors. Bay or garage doors shall comply with the requirements of Section 4.2.5.
B.
Spray Booths. Spray booths shall comply with all applicable federal, state or county requirements.
Section 3.2.5. - Auto/Truck Rental.
An auto rental facility shall comply with the standards listed below.
A.
Permitted Activities. A rental facility may provide minor maintenance and repairs on site, including brake adjustment, fluid replacement or addition, and vehicle washing and drying.
B.
Bay or Garage Doors. Bay or garage doors shall comply with the requirements of Section 4.2.5.
Section 3.2.6. - Auto/Truck Repair, Major.
A major auto repair facility shall comply with the standards listed below.
A.
Bay or Garage Doors. Bay or garage doors shall comply with the requirements of Section 4.2.5.
B.
Fencing, Walls and Hedges. An opaque wall, consistent with the requirements of Section 4.2.14 shall be provided for all repair services that store wrecked, junked, abandoned or inoperative vehicles. Fencing consistent with the requirements of Section 4.2.14 shall be provided if an opaque wall is not required.
Section 3.2.7. - Auto/Truck Repair, Minor.
A minor auto repair facility shall comply with the standards listed below.
A.
Bay or Garage Doors. Bay or garage doors shall comply with the requirements of Section 4.2.5.
B.
Fencing, Walls and Hedges. An opaque wall, consistent with the requirements of Section 4.2.14 shall be provided for all repair services that store wrecked, junked, abandoned or inoperative vehicles. Fencing consistent with the requirements of Section 4.2.14 shall be provided if an opaque wall is not required.
Section 3.2.8. - Auto/Truck Sales, New and Used.
A new and used automobile sales dealership shall comply with the standards listed below.
A.
Minimum Lot Size.
1.
Permitted Use. Auto/truck sales, new and used, in excess of two (2) acres, shall be located as a permitted use as provided in Section 3.1.1.
2.
Special Exception. Auto/truck sales, new and used, in excess of one-half (½) acre (21,780 square feet) but less than two (2) acres (87,120 square feet), shall be located as a special exception use as provided in Section 3.1.1. The following additional standards exceeding what is required by Section 10.2.7.B shall apply:
(A)
A site plan review shall be required. Said site plan shall identify location of buildings, employee and customer parking, and parking for for-sale vehicles.
(B)
For-sale vehicles shall be limited to a maximum of fifty (50) percent lot coverage.
(C)
Auto/truck sales shall meet all other requirements of this section.
B.
Bay or Garage Doors. Bay or garage doors shall comply with the requirements of Section 4.2.5.
C.
Minimum Property Dimensions. Minimum property dimensions are provided in Table 3.2.1.
Table 3.2.1.
Minimum Property Dimensions Auto/Truck Sales, New and Used
D.
Permitted Uses. Permitted principal uses are the following:
1.
Sale of new or used automobiles, trucks, trailers and similar vehicles;
2.
Lease of new or used automobiles, trucks, trailers and similar vehicles;
3.
Sale of parts and tires;
4.
Auto body and paint shop, provided all activities occur within an enclosed building;
5.
Auto detailing;
6.
Automatic car wash for dealership autos for sale, lease, or repair; and
7.
Major and minor auto repairs.
E.
Repairs and Maintenance. Auto body repair and vehicle repair shall comply with the standards listed below.
1.
Distance from Residential Zoning District. All repair work shall occur at least 100 feet from any residential zoning district, measured in a straight line from vehicle to the nearest residential district.
2.
Visibility. Repair work shall not be visible from any public right-of-way or residential zoning district.
3.
Auto Body Repair and Vehicle Maintenance Prohibited. Auto body repair and vehicle maintenance shall be prohibited on any site less than two acres when any portion of site abuts a residential zoning district.
F.
Fuel Pumps.
1.
Location. Facilities shall be located at least 100 feet from any residential zoning district, as measured in a straight line from the fuel pump closest to a residential district.
2.
Visibility. Facilities shall not be visible from any public right-of-way or residential zoning district.
G.
Vehicle Off-loading.
1.
Distance. Off-loading shall occur at least 100 feet from any residential zoning district.
2.
Minimum Specifications. The off-loading area shall be a minimum of 15 feet wide and 60 feet in length, and shall be marked designated consistent with the requirements of this Code.
3.
Location.
(A)
The off-loading area shall not be located in a vehicular circulation area, and shall provide adequate maneuverability.
(B)
An off-loading area shall not be located on a public right-of-way.
4.
Transport Vehicles. Transport vehicles shall not be stored or parked on site for more than 24 consecutive hours.
H.
Screening of Residential Zoning Districts. All dealerships shall install a six foot high opaque wall along all portions of property abutting a residential zoning district.
I.
Display and Test Driving.
1.
Public Rights-of-way. Vehicles shall not be displayed within a public right-of-way.
2.
Test Drives. Test driving of vehicles within residential zoning districts is prohibited.
J.
Exterior Lighting.
1.
Maximum Height. Lighting standards shall not exceed 35 feet in height.
2.
Direction of Lighting. Illumination shall be internally directed away from adjacent properties.
3.
Shielding. All lighting shall be shielded to prevent the spillover of light and glare onto adjacent properties.
4.
Other Standards. Unless otherwise provided herein, Lighting shall comply with the requirements of Section 4.2.2.
K.
Paving. All paved surfaces, including vehicle storage, shall utilize an approved surface as required by the approved site development permit.
L.
Landscaping. Paved areas and parking lots shall comply with the landscape requirements of Article 6 of Chapter 4.
M.
Licensure. Dealerships must obtain appropriate federal, state, and local business and occupational licenses.
N.
Advertising Devices. Flags, banners, streamers, pennants, string lights, and similar devices to attract attention are prohibited, except as allowed by Section 4.4.4.I.
O.
Vehicle Wash Facilities.
1.
Restricted Use. Vehicle wash facilities may be utilized only for vehicles under the control of or repair by the dealership.
2.
Location. Facilities shall be located at least 100 feet from any residential zoning district.
3.
Water Recycling. The City or utilities provider may require installation of water recycling facilities.
(Ord. No. 08-10, § 1, 3-25-08)
Section 3.2.8.1. - Auto/Truck Brokers.
An auto/truck broker shall comply with the standards listed below:
A.
Storage and/or display: The auto/truck broker shall not store or display automobiles and/or trucks.
(Ord. No. 07-54, § 1, 8-21-07)
Section 3.2.9. - Auto/Truck Service Station.
An automobile service station shall comply with the standards listed below.
A.
Auto Repair Standards.
1.
Bay or Garage Doors. Bay or garage doors shall comply with the requirements of Section 4.2.5.
2.
Repair Work. All repair work shall occur within an enclosed structure.
B.
Vehicular Access.
1.
Maximum Driveway Width. Maximum driveway width shall not exceed 40 feet at the intersection of the curb or edge or pavement and 30 feet at the property line.
2.
Driveways. Driveways shall be located at least 15 feet apart, as measured from the intersection with the curb or edge of pavement.
Section 3.2.10. - Auto/Truck Tire Sales and Installation.
An auto/truck tire sales and installation establishment shall comply with the standards listed below.
A.
Bay or Garage Doors. Bay or garage doors shall comply with the requirements of Section 4.2.5.
Section 3.2.11. - Auto/Truck Wash and Detail Facility.
An auto wash and detail facility, either self-service or full service, shall comply with the standards of this Section.
A.
Frontage.
1.
Reserved.
2.
Frontage. The car wash shall have a minimum frontage of 100 feet.
B.
Traffic Circulation.
1.
Waiting or Queuing Spaces. At least two waiting or queuing spaces are required for each bay.
2.
Exiting Spaces. At least one space shall be provided at the exit of each bay.
C.
Bay or Garage Doors. Bay or garage doors shall comply with the requirements of Section 4.2.5.
(Ord. No. 08-44, § 1, 8-19-08)
Section 3.2.12. - Bed and Breakfast Homestay.
A bed and breakfast homestay shall comply with the standards listed below.
A.
Reserved.
B.
Reserved.
C.
Maximum Number of Rooms. Not more than four rooms shall be used for lodging purposes.
D.
Meal Service. Any meal, beverages, or similar items shall be provided only to registered guests.
E.
Type of Meal Service. Inns shall be limited to providing breakfasts, teas, and wine, cheese, and similar items.
F.
Other Functions. Homestays located in residential or historic zoning districts shall not offer or host events such as weddings, meetings, dinners, catered parties, and other events of a commercial nature.
(Ord. No. 09-22, § 1, 6-2-09)
Section 3.2.13. - Bed and Breakfast Inn.
A.
Location. The inn must be located in a building or buildings that are located within the HIST zoning district.
B.
Reserved.
C.
Multiple Buildings Permitted. A bed and breakfast inn may be located in more than one building or dwelling.
D.
Maximum Number of Rooms.
1.
Maximum Rooms per Building. Not more than eight rooms in a single building shall be used for lodging purposes, excluding the residence of the owner, if applicable.
2.
Maximum Number of Rooms. Not more than 20 rooms shall be used for lodging purposes.
E.
Functions and Events. Inns may offer or host functions and events such as weddings, meetings, dinners, catered parties, and other events of a commercial nature that are not related to providing lodging, subject to the limits listed below.
1.
Number of Guests. Not more than 125 guests shall be allowed at an event, excluding those persons providing a service, such as waiters and waitresses, catering or music.
2.
Duration. All events shall end at or before 10:00 p.m., excluding clean up and related activities.
(Ord. No. 07-82, § 1, 12-11-07)
Section 3.2.14. - Boarding or Rooming House.
A boarding or rooming house shall comply with the standard listed below.
A.
Sale or Service of Meals. Meals shall not be served or sold to nonresidents.
Section 3.2.15. - Building and Construction Trades Office and Shop.
A building construction trades office and shop shall comply with the standards listed below.
A.
Outdoor Storage. Outdoor storage of materials and equipment shall be enclosed by an opaque fence or wall. Parking of business-related trucks and vehicles is exempt from this requirement.
B.
Maximum Size. In any commercial zoning district, the maximum size of the office or shop shall not exceed 5,000 square feet.
Section 3.2.16. - Cemetery and Mausoleum.
A cemetery and mausoleum shall comply with the standards listed below.
A.
Residential Estate Zoning Districts. Cemeteries and mausoleums located in a RE10 or RE5 zoning district shall comply with the standards listed below.
B.
Minimum Setbacks. Cemeteries shall comply with the distances established in Table 3.2.2.
Table 3.2.2.
Minimum Distances from Property Lines
C.
Minimum Size. Cemeteries shall consist of at least ten acres.
D.
Compliance. All cemeteries shall comply with applicable requirements of state or local laws.
E.
Cemeteries as Accessory Uses.
1.
Exemption. Accessory cemeteries are exempt from the minimum size and minimum setback requirements of this Section.
2.
Approval. An accessory cemetery shall be established only upon special exception use approval granted by the Council.
Section 3.2.17. - Chipmill, Temporary or Portable.
A temporary or portable chipmill shall comply with the standards listed below.
A.
Maximum Length. A chipmill shall be utilized on the same property for a period not to exceed six months.
B.
Use. A chipmill shall process only timber harvested from the property on which located.
C.
Approval. Special exception use approval shall be obtained prior to use of a chipmill.
Section 3.2.18. - Clinic, Medical or Dental.
A medical or dental clinic shall comply with the standards listed below.
A.
Overnight Stays Prohibited. Excluding emergencies, overnight stays in a clinic are prohibited.
Section 3.2.19. - Club or Lodge, Membership.
A club or lodge restricted to members shall comply with the standards listed below.
A.
Business Operations Prohibited. A club or lodge shall not render a service available or open to the public, which is customarily carried on as a business, excluding temporary events such as fairs, carnivals, and seasonal sales such as Christmas trees.
Section 3.2.20. - Club or Lodge, Not for Profit.
A not for profit club or lodge shall comply with the standards listed below.
A.
Business Operations Prohibited. A club or lodge shall not render a service available to the public, which is customarily carried on as a business, excluding temporary events such as fairs, carnivals, and seasonal sales such as Christmas trees.
Section 3.2.21. - Convenience Store, No Gas Sales.
Convenience stores without gas sales shall comply with the standards listed below.
A.
Permitted Sales. Stores may sell convenience food items, including food, alcoholic and non-alcoholic beverages, snacks, tobacco products, ice, and other frequently needed household items.
B.
Prohibited Sales. Sale of gasoline and diesel products is prohibited.
C.
General.
1.
Maximum Sized. Store size shall not exceed 5,000 square feet.
2.
Hours of Operation. In a NC or PUD zoning or overlay district, hours of operation shall not exceed 6:00 a.m. to 12:00 midnight, including deliveries and maintenance.
Section 3.2.22. - Convenience Stores with Gas Sales.
Convenience stores with gas sales shall comply with the standards listed below.
A.
Permitted Sales.
1.
Food and Beverages. Stores may sell convenience food items, including food, alcoholic and nonalcoholic beverages, snacks, tobacco products, ice, and other frequently needed household items.
2.
Fuel Sales. Sale of gasoline and diesel products is permitted.
B.
Automatic Car Washes. Installation of automatic car washes is permitted, provided the structures are located at least 100 feet from any residential zoning district.
C.
Bay or Garage Doors. Bay or garage doors shall comply with the requirements of Section 4.2.5.
D.
Prohibited Activities. Auto repairs, excluding drive-in oil change facilities, are prohibited.
E.
Minimum Setbacks. All pump islands or other service structures shall be located at least 15 feet from any property line or existing or proposed right-of-way line.
F.
Collocation of Other Uses. Collocation of fast food restaurants with convenience stores may be permitted subject to the following:
1.
Hours of operation may be limited to ensure compatibility with adjacent properties and uses;
2.
Adequate parking is provided onsite for all uses;
3.
Additional screening and landscaping may be required to minimize the impact of co-locating businesses;
4.
Dumpster, trash, recycling, compacting, and related equipment shall be located at least 100 feet from any property with a residential future land use plan or zoning designation;
5.
Drive-through windows may be permitted, as limited herein; and
6.
The number, size, and location of permanent signs shall not increase due to the collocation of uses.
G.
Distance Requirements. After January 1, 2025, any new convenience store with gas sales shall be a minimum of 2,000 feet from any other currently licensed convenience store with gas sales on the same side of the street.
H.
Locations. After January 1, 2025, NEW Convenience stores with gas sales shall only be permitted along arterial and collector streets.
I.
Lot Size Minimum.
1.
Permitted Use: Convenience stores with gas sales shall have a minimum lot size of one acre.
2.
Special Exception Use: Convenience stores with gas sales that have between one-half acre and one acre shall be permitted only as a special exception use.
J.
Minimum Pumps: Convenience stores with gas sales shall have a minimum of six pumps.
(Ord. No. 24-069, § 1, 11-19-24)
Section 3.2.23. - Day Care, Type I.
A Type I day care facility shall comply with the standards listed below.
A.
Accessory Use. A Type I shall operate only as an accessory use to the principal residential use of a dwelling.
B.
Compliance with Building Code.
1.
Six Clients. Day care for at least six clients may be provided in a residential dwelling that complies with building code requirements for institutional uses.
2.
Less than Six Clients. Day care for not more than five clients may be provided in a residential dwelling that complies with standard building code requirements for the structure.
C.
Operator. The operator of the day care facility shall be a resident of the dwelling unit.
D.
Additional Employees. Additional employees, unless residents of the dwelling unit, are prohibited.
E.
Pick-up and Drop-off. At least one additional parking space, consistent with the overall character of the dwelling and adjacent property, shall be provided to pick-up and drop-off clients.
F.
Maximum Number of Clients.
1.
Number of Children. The maximum number of clients shall not exceed six.
2.
Relatives of Operator. The relatives of a day care operator, whether related by blood, adoption, or other legal custody, shall not be included in the number of permitted clients as long as day care is provided to not more than eight total clients at any one time.
G.
Compliance. A Type I day care facility shall comply with all applicable requirements of state or local law.
Section 3.2.24. - Day Care, Type II.
A Type II day care facility shall comply with the standards listed below.
A.
Maximum Number of Clients. Day care shall be provided for not less than 7 clients and not more than 18 clients.
B.
Pick-up and Drop-off Facility. In addition to required parking, a pick-up and drop-off facility shall be provided. The facility shall be consistent with City standards.
C.
Accessory Use. A Type II day care is a permitted accessory use for any principal use that is open to the public, including commercial, educational, industrial or institutional facilities such as hospital or medical centers; places of worship; offices, industrial centers or similar employment centers; medical clinics; public or private recreation centers; public or private schools, and universities or colleges.
D.
Principal Use. A type II facility may operate as a principle use in any nonresidential zone.
E.
Compliance. A Type II day care facility shall comply with all applicable requirements of state or local law.
(Ord. No. 05-32, § 1, 4-5-05)
Section 3.2.25. - Day Care, Type III.
A Type III day care facility shall comply with the standards listed below.
A.
Maximum Number of Clients. Day care shall be provided for more than 18 clients.
B.
Compliance. A Type III day care facility shall comply with all applicable requirements of state or local law.
C.
Principal Use.
1.
Day Care as a Principal Use. A Type III day care facility is considered a principal use, whether or not an independent, stand-alone facility or combined with another principal use. The method of approval for a Type III day care shall apply to all proposed independent or combination facilities.
2.
Residential Zoning Districts. In all residential zoning districts, a Type III day care shall only be operated in association with the following:
(A)
A place of worship;
(B)
A public or private school; or
(C)
A public park, neighborhood center, community center or similar activity.
(D)
A Type III facility shall only be established as a special exception use.
D.
Reserved.
E.
Pick-up and Drop-off Facility. In addition to required parking, a pick-up and drop-off facility shall be provided. The facility shall be consistent with City standards.
(Ord. No. 08-16, § 1, 5-13-08)
Section 3.2.25.1. - Pet Day Care.
A pet day care facility shall comply with the following standards listed below.
A.
Compliance with City Code. Pet day care facilities shall meet all requirements of City Code Section 5-16, Commercial kennels.
B.
Buildings. Buildings shall be designed and constructed to mitigate noise and odors to limit negative impacts on adjacent properties. Additional noise mitigation will be required for existing buildings not originally built for boarding of animals.
C.
Overnight Boarding. Overnight boarding is permitted.
D.
Accessory Uses. Pets may be groomed, trained, exercised, socialized, and boarded overnight; but not bred, sold, or let for hire.
E.
Location:
1.
Pet day cares shall be located on a multi-lane arterial road only.
2.
Pet day cares shall not abut a residentially zoned property.
3.
Pet day cares shall not be required to locate on arterial roads when located within an industrial park.
F.
Outdoor Areas:
1.
The perimeter of all designated outdoor activity areas are to be fully screened from all directions with a wood or masonry fence of at least eight feet (8') in height.
2.
Designated outdoor activity areas are restricted from use between 7:00 PM to 7:00 AM.
3.
No more than 4 dogs shall be permitted outside at one time.
4.
Animals shall be accompanied by a facility employee at all times when outside of the building.
5.
All walking and exercising of animals must take place on facility grounds in an enclosed area.
G.
All activities, such as boarding, grooming, and similar activities, shall be restricted to indoor use, excluding the use of outdoor areas as stated in Subsection F.
(Ord. No. 10-4, § 1, 1-26-10)
Section 3.2.26. - Dormitory, Fraternity or Sorority Residence.
A dormitory, fraternity or sorority residence shall comply with the standards listed below.
A.
Accessory to Certain Institutions. A residence of this nature shall be constructed only as an accessory use to a public or private college, religious school, vocational school, university or similar educational institution or a public or private elementary or secondary school that offers boarding to its students.
B.
Off-Campus Locations.
1.
Permitted Locations. When located off-campus, a residence of this nature shall only be constructed in a multifamily, commercial, or planned development zoning district.
2.
Zoning District Requirements. When located off-campus, a residence of this nature shall comply with all requirements of the zoning district in which located.
Section 3.2.27. - Dry Cleaning and Laundry, General.
A dry cleaning and laundry establishment shall comply with the standards listed below.
A.
Permitted Activities. Permitted activities include on-premises washing, drying, dry cleaning, pressing, alterations, shoe repair and tailoring.
B.
Compliance. A dry cleaning and laundry establishment shall comply with all applicable local, state and federal regulations.
Section 3.2.28. - Dry Cleaning and Laundry Stations.
A dry cleaning and laundry station shall comply with the standards listed below.
A.
Prohibited Activities. Laundry and dry cleaning activities on the premises are prohibited.
B.
Permitted Activities. Pickup and drop-off of items to be laundered or dry-cleaned.
C.
Accessory Activities. Accessory activities such as shoe repair, alterations, and tailoring are permitted.
Section 3.2.29. - Dwellings, Accessory.
Accessory dwellings shall comply with the standards listed below.
A.
Types of Accessory Dwellings. Four types of accessory dwellings may be established:
1.
Employee residence;
2.
Groom's quarters;
3.
Guest cottage; and
4.
Security quarters.
B.
Standards. Accessory dwellings shall comply with the standards listed in Table 3.2.3.
C.
Location. An accessory dwelling may be attached or detached from the principal structure.
D.
Property Development Regulations. The dwellings shall comply with all property development regulations for the principal structure.
E.
Additional Groom's Quarters Requirements. In addition to the requirements of this Section, installation of groom's quarters shall also comply with the requirements listed below.
1.
Use. Groom's quarters shall be used as a residence only by individuals employed in the training, care and maintenance of horses and related equestrian activities that occur on the site of the principal dwelling.
2.
Location. Groom's quarters may be located within barns or as a separate accessory structure. The number of units and maximum permitted size of such units shall determine maximum size of a separate accessory structure.
3.
Central Facilities. Central bathing and kitchen facilities may be provided.
4.
Size. The size of bathing, kitchen and similar central facilities must be reasonably related to the maximum number of groom's to be housed on the site.
5.
Size of Units. Groom's quarters shall not exceed 500 square feet per unit.
Table 3.2.3.
Standards for Accessory Dwellings
6.
Security Quarters. Residential quarters for security services provided to nonresidential uses may be established subject to the standards listed below.
(A)
Location. The quarters shall be provided on the premises.
(B)
Type of Dwelling. The dwelling shall not be a mobile home, but may be a manufactured dwelling.
(C)
Use. The security quarters shall be used only in nonresidential zoning districts.
(D)
Utilities and Drainage. Security quarters shall be provided with water, sewer and drainage services consistent with the requirements of this UDO and other applicable regulations of the City.
(E)
Exception. The Director may approve a special exception use to allow a security quarters in association with an ongoing residential development project, subject to the standards listed below.
(1)
The dwelling shall not be a mobile home, but may be a manufactured dwelling.
(2)
The Director may approve such quarters for a period of not to exceed two years. Extensions of not more than six months may be granted to allow completion of the project.
(3)
Security dwellings shall be located in a manner that is compatible with adjacent properties and residences.
F.
Additional Employee Residence Requirements. In addition to the requirements of this Section an employee residence shall be restricted to an individual that is:
1.
Employed in duties directly related to the service, upkeep and maintenance of the principal dwelling; or
2.
Employed in duties assisting the resident of the principal dwelling.
(Ord. No. 06-71, § 1, 8-15-06)
Section 3.2.30. - Dwelling, Multiple Family.
A multiple family dwelling shall comply with the requirements of this Section.
A.
Accessory Uses. Customary or accessory uses to a multifamily dwelling include the following:
1.
Administrative offices for projects containing more than ten dwelling units;
2.
Recreation and meeting facilities, including resident meeting rooms, swimming pools, clubhouses, and lighted or unlighted athletic courts;
3.
Storage facilities for the personal effects of residents; and
4.
Other uses as may be customary or incidental to a use of this nature.
Section 3.2.30.1. - Dwelling, Single-family Detached.
A single-family detached dwelling shall comply with the standards listed below.
A.
Location. A single-family detached dwelling shall only be permitted in the High Uptown Historic District within the UPT zoning district.
(Ord. No. 09-52, § 1, 11-10-09)
Section 3.2.31. - Dwelling, Townhouse.
A townhouse dwelling shall comply the standards listed below, including Table 3.2.4.
A.
Parking Spaces.
1.
Location. All required parking spaces shall be provided in a common parking lot or in an enclosed garage that is attached to the unit or in a driveway associated with an enclosed garage.
2.
Prohibited Parking. Parking in a front or rear yard is prohibited, except in a driveway associated with an enclosed parking garage. Parking may be located in an alley, subject to applicable engineering and public safety requirements.
Table 3.2.4.
Minimum Property Standards
3.
Definition. For the purposes of this Section, a common parking lot is defined as the parking area for all attached townhouse units or a cluster of attached units.
B.
Maximum Number of Attached Units. Unless approved by the Council, not more than eight townhouse units in a row shall be attached.
C.
Platting Required. Townhouse lots or parcels shall be platted, including common areas, recreation areas, parking lots, and any other area within the project.
Section 3.2.32. - Dwelling, Zero Lot Line.
A single-family zero lot residential dwelling shall comply with the standards listed below.
A.
Approval. All residential developments containing zero lot line dwellings shall be reviewed as a special exception use.
B.
Location on Lot. At least 50 percent of length of one side of the dwelling shall be located along the zero setback line.
C.
Openings. Openings such as windows and doors shall not be located on the side of the building located along the zero seatback line. However, glass block or similar translucent material shall be permitted subject to the following:
1.
The material does not exceed ten percent of total wall area;
2.
The material complies with all building and life safety codes;
3.
The use is limited only to new construction; and
4.
The material does not permit more than 60 percent transmission of light.
D.
Easements. A maintenance easement of not less than five feet shall be provided along the side of the structure located on the zero setback line.
E.
Encroachments. Roof eaves and foundations located along the zero setback line shall not encroach more than 18 inches into the abutting property.
F.
Minimum Side Setbacks.
1.
Non-Zero Setback Side. The minimum setback for the side of the building not located on the zero setback shall be at least ten feet, or the minimum setback of the zoning district, whichever is greater.
2.
Zero Setback Side. The minimum setback for the side of a dwelling located on the zero setback side shall be zero feet. Any portion of a dwelling located on the zero setback side that is not located on the property line shall be located at least ten feet from such line.
G.
Minimum Front and Rear Setbacks. Excluding the zero setback side, the front and rear setbacks shall comply with the requirements of the zoning district.
H.
Minimum Lot Size. The minimum lot size shall conform to the requirements of the zoning district.
I.
Fencing.
1.
Zero Setback Side.
(A)
An opaque masonry or wood fence shall be installed along the zero setback side, extending at least ten feet from the rear of the dwelling. The first ten feet of the wall or fence shall be at least six feet in height, but not more than eight feet in height. Additional wall or fencing along the zero setback side may be required by the Council.
(B)
Screen enclosures for pools, patios, or yards may be installed along the rear portion of the zero setback side. The Council may require additional opaque walls or fencing to provide privacy between adjacent dwellings.
J.
Gutters. The installation of gutters along all portions of the roof located on the zero setback line is required.
K.
Driveway Length. A minimum driveway length of 20 feet shall be provided for each dwelling.
L.
Minimum Parking. At least two off-street parking spaces shall be provided for each dwelling unit.
M.
Existing Dwellings.
1.
Existing Dwellings. Zero lot line dwellings legally constructed prior to the effective date of this Section shall be considered as legal, conforming uses. Expansion of these dwelling units shall comply with the requirements of this Section.
2.
Vacant Lots. Vacant lots within a zero lot line subdivision or development approved prior to the effective date of this Section may be constructed in accordance with approved site plans, subdivision plat, building permit or other form of development approval granted by Columbus.
Section 3.2.33. - Equestrian, Commercial.
A commercial equestrian establishment shall comply with the standards listed below.
A.
Minimum Lot Size. The minimum lot size shall be five acres.
B.
Permitted Buildings and Facilities. Barns, stables, storage buildings, rings, fields, and similar facilities are permitted.
C.
Permitted Activities.
1.
Activities. Permitted uses include raising, breeding, training, boarding, grooming of horses, and similar equestrian-related activities.
2.
Boarding. Boarding of horses is permitted.
D.
Principal Use. A commercial equestrian activity may serve as the principal use of property. A single-family dwelling also shall be permitted as an additional principal use.
E.
Additional Standards.
1.
Frontage. A minimum frontage of 100 feet on a public or private right-of-way shall be provided.
2.
Setback. All structures shall comply with the greater of 25 feet or the required setback of the applicable zoning district.
3.
Groom's Quarters. Groom's quarters may be provided, subject to the requirements of Section 3.2.28.
Section 3.2.34. - Equestrian, Private.
A private equestrian establishment shall comply with the standards listed below.
A.
Use by Residents. The equestrian facilities are limited to use by the residents of the property. Commercial use of the facilities is prohibited.
B.
Minimum Area per Horse. On any parcel containing private equestrian activities. At least 10,000 square feet per horse shall be provided.
C.
Setbacks. All structures shall comply with the greater of 25 feet or the required setbacks of the applicable zoning district.
D.
Groom's Quarters. Groom's quarters may be provided, subject to the Section 3.2.28.
E.
Barns and Stables as Principal Structures. Within an RE10 or RE5 zoning district, a barn or stable and associated uses may be constructed as a principal structure.
Section 3.2.35. - Grocery or Food Store.
A grocery or food store shall comply with the standards listed below.
A.
Accessory Uses. Permitted accessory uses include bakeries, delicatessens, pharmacies, photo processing, and production of food for off-premises consumption.
B.
Consumption on Premises. Consumption of food and beverages prepared on the premises is permitted, subject to Health Department and other applicable agency approvals.
Section 3.2.36. - Hazardous Waste Disposal Facility.
A hazardous waste facility shall comply with the standards listed below.
A.
Compliance. The facility shall comply with all applicable federal, state or local laws and standards.
Section 3.2.37. - Helipad or helistop, Accessory.
A helipad or helistop shall comply with the standards listed below.
A.
Permitted Activities. A helipad shall be permitted as an accessory use to banks and financial institutions, governmental buildings, hospitals, office buildings, public safety facilities and similar uses.
B.
Prohibited Activities. Facilities for fueling, repair or long-term parking are prohibited. For the purposes of this Section, long term parking shall be shall be any period of time that includes overnight aircraft parking.
C.
Compliance. A helipad shall comply with all applicable federal, state or City requirements.
D.
Landing and Departure Routes. To the extent feasible, take off and landing routes shall avoid adjacent residential areas. The City may establish take off and landing routes as part of approval to establish an accessory helipad.
Section 3.2.38. - Heliport.
A heliport shall comply with the standards listed below.
A.
Permitted Activities. Enclosed or open facilities for fueling, repair or short- or long-term parking are permitted.
B.
Compliance. A heliport shall comply with all applicable federal, state or City requirements.
C.
Landing and Departure Routes. To the extent feasible, take off and landing routes shall avoid adjacent residential areas. The City may establish take off and landing routes as part of approval to establish a heliport.
Section 3.2.39. - Home Occupations.
A home occupation shall comply with the standards listed below.
A.
Additional Standards. In addition to any other requirements of this Code, home occupations are subject to the standards listed below.
1.
Residence Required. Only lawful residents of a dwelling unit shall be engaged in the occupation.
2.
Employees. Employees, other than residents or resident family members, are prohibited.
3.
Nature of Use. The use of the premises for a home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants.
4.
Residential Character. The use shall not change the residential character of the premises.
5.
Outside Appearance. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of the home occupation.
6.
Location. Home occupations shall not be conducted in any attached or detached accessory building or structure, or any open porch or carport, which is part of the principal structure.
7.
Maximum Size. A home occupation shall not occupy more than fifteen percent of the floor area of the dwelling unit, excluding any open porch, attached garage, or similar space not suited or intended for occupancy as living quarters.
8.
Traffic and Parking. Traffic shall not be generated by the home occupation in greater volumes than would normally be expected in a residential neighborhood.
9.
Vehicle Parking. Vehicle parking shall be located on the same lot or premises as the home occupation and shall be in character with the neighborhood.
10.
Production and Storage of Goods. Manufacture or fabrication of articles such as are commonly classified under the terms of arts and handicrafts may be deemed a home occupation, subject to the other terms and conditions of this Section.
11.
Storage of Materials and Equipment. All material, equipment, or supplies used in conjunction with a home occupation shall be completely enclosed with no exterior storage, temporary or permanent, allowed. Bulk storage of material, equipment or supplies is prohibited.
B.
Prohibited Activities.
1.
External Effects. Equipment or processes which create noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses at any lot line shall not be used in a home occupation.
2.
Interference. Equipment or processes shall not be used which create any interference for neighboring properties in receiving radio, television, or other wireless devices, or which cause fluctuations in electrical service to such properties.
3.
Hazardous Materials. On-premises use or storage of hazardous materials is prohibited.
4.
Sale of Goods or Products. On-premises sales of stock, supplies, or product are prohibited.
C.
Signs and Advertising. On-premises signs or other advertising of the address and location of a home occupation is prohibited.
D.
Licenses. Owners or operators of home occupations shall obtain required City, state or federal occupational licenses, or other license necessary to operate such business.
E.
Acknowledgement. Individuals requesting one or more home occupational licenses shall sign an affidavit furnished by the City that acknowledges their receipt of these regulations and other local regulations applicable to such licenses.
F.
Number of Licenses. Not more than two occupational licenses shall be issued per individual residence.
G.
Number of Students. Private instructions, limited to academic, artistic, and musical subjects, shall be limited to not more than two students at the same time.
H.
Permitted Home Occupations. Home occupations permitted are the following:
1.
Professional, business and technical offices;
2.
Academic, artistic and musical lessons and training;
3.
Arts and crafts consistent with the requirements of this Section; and
4.
Other similar activities.
I.
Prohibited Home Occupations. Home occupations not permitted include, but are not limited to, the following:
1.
Beauty shops;
2.
Barber shops;
3.
Hair cutting or styling shops, including shops with only one chair;
4.
Nail salons or other beauty or cosmetic-related business, including shops with only one chair;
5.
Tattoo parlors;
6.
Pet grooming;
7.
Repair of any type of equipment, electronic equipment, computers, motor vehicle, lawn mower, or similar types of machinery;
8.
All services and activities, unless otherwise permitted by this Section, that depend upon or attract clients to the occupation conducted within the home.
J.
Compliance and Inspections. To determine compliance with this Section, owners or operators of home occupations shall permit an inspection of the premises during normal business hours by the Department prior to issuance of a certificate of occupancy and at such other times deemed necessary.
K.
Deliveries. The requirements of this Section shall not apply to delivery of parcels, documents, and similar items by licensed delivery firms.
Section 3.2.40. - Hotel, Motel or Inn.
A hotel, motel or inn shall comply with the standards listed below.
A.
Cooking Facilities. Cooking facilities are allowed only in extended stay facilities.
B.
Conversion. Conversion of a hotel, motel or inn to a fulltime residential use shall comply with all applicable requirements of this UDO.
C.
Hotels in the HIST Zoning District. Hotels, motels and inns in the HIST zoning district shall comply with the standards listed below.
1.
Accessory Sales and Services. Sales and services accessory to the operation of a hotel, conducted within the hotel are permitted, subject to the following:
(A)
The gross floor area devoted to accessory sales and services shall be limited to a total of 25 gross square feet per room;
(B)
All public entrances to an accessory use shall be from a lobby, hallway or other interior portion or area;
(C)
A show window, advertising or display shall not be visible from the exterior of primary portion of a hotel or from any public right-of-way; and
(D)
Merchandise associated with an accessory use shall not be stored or displayed outside any portion of a hotel.
2.
Exception. Restaurants and cafeterias are exempt from limitations regarding number of square feet and location of public entrances.
Section 3.2.41. - Junk, Salvage or Auto Wrecking Yard.
A junk, salvage or auto wrecking yard shall comply with the standards listed below.
A.
Sale of Operable Vehicles Prohibited. The sale of operable vehicles is prohibited.
B.
Opaque Wall Construction and Materials.
1.
Maximum Height and Setback. An opaque wall shall be at least six feet in height. A wall shall be setback at least 20 feet from any corner right-of-way line.
2.
Construction and Installation. An opaque wall shall be constructed of masonry, concrete or other similar permanent opaque materials so as to screen a yard and contents from public view.
3.
Maintenance. Walls shall be maintained in good order, repair and appearance.
4.
Outside Storage. Overnight, short-term or long-term storage of materials outside a fence is prohibited.
C.
Fence Openings and Gates.
1.
Openings. A wall opening in a salvage, disassembly or storage yard shall be utilized only for ingress and egress.
2.
Gates. Gates shall be constructed to be opaque, as approved by the City, and shall be closed when not in use.
D.
Living Fence or Wall. A "living fence or wall" may be substituted in lieu of an opaque wall, but shall utilize only the materials listed in Table 3.2.5. The Director, with the advice of the City Arborist, may approve use of additional materials. Entrance gates shall be required with a living fence, and shall comply with the requirements of an opaque wall.
Table 3.2.5.
Permitted Plant Materials
E.
Permitted Plant Materials. Permitted plant materials for a living fence are indicated in Table 3.2.5. Plant materials suitable for a living fence with expected height of plants for eight to ten feet high in three years.
F.
Maintenance and Replacement.
1.
Maintenance. All plant materials shall be maintained in good health, and shall be watered, fertilized and otherwise maintained consistent with accepted horticultural practices.
2.
Replacement. All plant materials that die, become diseased or otherwise fail to provide the necessary opacity shall be replaced on a timely basis.
G.
Compliance.
1.
New Walls or Fences. Walls or fences erected after the effective date of this Chapter shall comply with the requirements of this Section.
H.
Existing Fences. Businesses with existing walls or fences shall be maintained as approved by the City.
Section 3.2.42. - Kennel, Boarding or Breeding.
A breeding or boarding kennel shall comply with the standards listed below.
A.
Minimum Lot Size. A kennel shall be located on not less than five acres of land.
B.
Minimum Setbacks.
1.
Open Runs. A kennel with open runs shall be set back at least 250 feet from any property line.
2.
Enclosed Runs. A kennel with enclosed runs shall be set back at least 100 feet from any property line.
Section 3.2.43. - Laundry, Coin Operated.
A coin-operated laundry shall comply with the standards listed below.
A.
Hours of Operation. Any laundry located within a NC zoning district shall not be open between the hours of 12:00 midnight and 7:00 a.m.
Section 3.2.44. - Manufactured Dwelling.
A.
Purpose and Intent. The purpose and intent of this Section is to provide for the following:
1.
Installation of manufactured housing in residential zoning districts as provided by applicable federal and state laws;
2.
Installation standards for manufactured housing in applicable residential zoning districts; and
3.
Use of basic design standards to provide compatibility between manufactured housing and housing styles within the community or area in which the unit is to be located.
B.
Definitions. For the purposes of this Section, the definitions listed below shall apply.
1.
Manufactured Housing means a single-family dwelling unit, constructed after June 15, 1976 pursuant to 42 U.S.C. Sec. 5401, The National Manufactured Home Construction and Safety Standards Act, and is transportable in one or more sections, is built on a permanent chassis, and is used as a place of human habitation. The dwelling unit is not constructed with a permanent hitch or other devices allowing transport of the unit other than for the purpose of delivery to a permanent site and does not have wheels or axles permanently attached to it body or frame.
2.
Mobile Home means a single-family dwelling unit, constructed prior to June 15, 1976, that is a transportable structure suitable for year-round single-family occupancy and having water, electrical and sewer connections similar to those of conventional housing.
C.
Principal Use. The unit shall be the only habitable structure upon the lot on which it is installed.
D.
Permitted Locations. Manufactured housing shall be permitted in locations as provided by Table 3.1.1.
E.
Certification. The unit shall be labeled or possess documents certifying construction in compliance with the National Manufactured Housing Construction and Safety Standards Act.
F.
Installation and Design Standards. The design and installation of all manufactured housing in any residential zoning district, excluding a mobile home park, shall comply with the standards listed below.
1.
Placement. The unit shall be located so that its longer dimension is parallel to the street upon which the lot fronts.
2.
Transportation Apparatus. The wheels, axles, tongue, towing apparatus, and transporting lights shall be removed prior to final installation of the unit.
3.
Foundation Required. The unit shall be placed on a permanent foundation consisting of masonry or concrete and constructed to all applicable building code standards.
4.
Foundation Screening. A skirting or a curtain wall shall be installed and maintained to enclose the entire foundation area and all area below the bottom of a unit.
(A)
Appearance. The skirting or curtain wall must be a continuous, complete, opaque and rigid surface that lends permanency to the appearance of the unit and completely screens the crawl space below the unit.
(B)
Access. The skirting or curtain wall shall not be open except for required ventilation and access doors. Unless required by the building code, access shall not be located along the front building line of the unit or any portion of a unit that possesses frontage on a public or private street.
(C)
Materials. The skirting or curtain wall shall consist of brick, stucco or similar material consistent with surrounding residences and the community. Materials shall comply with all applicable building code requirements.
(D)
Maintenance. The skirting or curtain wall shall be maintained in a good state of repair.
5.
Compliance with Applicable Building Code Standards. All improvements and installations shall comply with applicable building codes, including but not limited to the following:
(A)
Crawl spaces;
(B)
Steps, handrails, and landings;
(C)
Electrical service;
(D)
Plumbing and sewer service;
(E)
Natural gas service; and
(F)
Heating, ventilation and air conditioning service.
6.
Roof Design.
(A)
Pitch. The roof shall be pitched with a minimum vertical rise of 2.5 feet for every 12 feet of horizontal run.
(B)
Eaves. The roof shall have eaves that project a minimum of 12 inches from the exterior wall.
(C)
Materials. Roof materials shall be consistent with surrounding residences.
7.
Architecture. The unit shall consistent with architectural style of surrounding homes in the community.
8.
Size. The unit shall be consistent with the number of square feet of surrounding homes.
9.
Windows. Installation of full size windows consistent with surrounding residences.
10.
Exterior Materials. Exterior materials shall be consistent with surrounding residences.
11.
Carports and Garages. Installation of a carport or garage may be required if either structure is a consistent or uniform element of surrounding residences and the community. The garage shall be constructed with a garage door.
12.
Landscaping. Manufactured homes shall comply with all applicable landscaping requirements of this Code.
Section 3.2.45. - Massage Therapy.
A therapeutic massage establishment shall comply with the standards listed below.
A.
Certification. Massage therapists shall have successfully completed the National Certification Examination.
B.
Licensure and Operation. Massage therapists shall be licensed with and operate the business in accordance with the requirements of one of the following:
1.
The Accrediting Commission of Career Schools and Colleges of Technology;
2.
The Accrediting Council for Continuing Education and Training
3.
The Accrediting Bureau of Health Education Schools;
4.
National Accrediting Commission of Cosmetology Arts and Sciences;
5.
The Commission on Massage Therapy Accreditation of the American Massage Therapy Association; or
6.
The Integrative Massage and Somatic Therapies Accreditation Council of the Associated Bodywork and Massage Professionals.
C.
Compliance. A therapeutic massage establishment shall comply with all other applicable requirements of the City code and this UDO.
Section 3.2.46. - Office, Veterinary.
A veterinary office shall comply with the standards listed below.
A.
Outdoor Runs and Boarding Facilities Prohibited. In all nonresidential zoning districts, outdoor runs and boarding facilities are prohibited.
B.
Indoor Runs. In all nonresidential zoning districts, indoor runs and boarding facilities shall be soundproofed to eliminate at any adjacent residential property line all noise associated with the boarding of animals.
C.
Overnight Boarding. Overnight boarding is permitted in those facilities with indoor runs.
Section 3.2.47. - Outdoor Cafe, Public Property.
An outdoor cafe and seating may be located on public property within the CRD zoning district as provided in Article 2 of Chapter 4.
Section 3.2.48. - Outdoor Cafe, Private Property.
An outdoor cafe and seating may be located accessory to or in conjunction with a restaurant, clubhouse or similar facility, but shall not be located on public property.
Section 3.2.49. - Package and Liquor Store.
A package and liquor store shall comply with the standards listed below.
A.
Hours of Operation. A store shall comply with hours of operation established by the City.
B.
Consumption on Premises. Consumption on premises of alcoholic beverages is prohibited, unless the store possesses a license that allows such consumption.
Section 3.2.50. - Personal Care Home, Type I.
A Type I personal care home shall comply with the standards listed below.
A.
Number of Residents. Personal care shall be provided for not more than six residents.
B.
Character of Dwelling. The character of the dwelling shall conform to the neighborhood and zoning district in which the facility is located.
C.
Signs in Single-family Zoning Districts. Installation of signs in a single-family zoning district comply with the standards of Article 4 of Chapter 4.
D.
Compliance. The facility shall comply with all applicable federal, state or local laws and regulations.
E.
Reserved.
(Ord. No. 14-19, § 5, 5-27-14; Ord. No. 19-017, § 2, 4-9-19)
Section 3.2.51. - Personal Care Home, Type II.
A Type II personal care home shall comply with the standards listed below.
A.
Number of Residents. Personal care shall be provided for not less than 7 or not more than 15 residents.
B.
Character of Dwelling. The character of the dwelling shall conform to the neighborhood and zoning district in which the facility is located.
C.
Signs. Signs shall comply with the requirements of Article 4 of Chapter 4.
D.
Compliance. The facility shall comply with all applicable federal, state or local laws and regulations.
(Ord. No. 19-017, § 3, 4-9-19)
Section 3.2.52. - Reserved.
Editor's note— Ord. No. 19-017, § 4, adopted April 9, 2019, repealed § 3.5.52, which pertained to Personal Care Home, Type III and derived from the Original Code.
Section 3.2.53. - Places of Worship.
Places of worship shall comply with the standards of this Section.
A.
Purpose. The purpose of the standards of this Section is to ensure compatibility with adjacent uses, especially those uses established within residential zoning districts.
B.
Cumulative Impacts. For the purposes of this Section, any expansion of any existing place of worship that results in more than 250 seats shall be reviewed as a special exception use. The Council may waive the requirement of this Section for primary vehicular access for an existing place of worship.
C.
Location.
1.
Permitted Use. A place of worship with less than 250 permanent seats or approved capacity may be located as a permitted use as provided in Section 3.1.1.
2.
Special Exception Use.
(A)
A place of worship with 250 or more permanent seats or approved capacity may be located as a special exception use as provided in Section 3.1.1.
(B)
A place of worship located on property that is less than two acres but greater than one acre may be located as a special exception use as provided in Section 3.1.1.
D.
Associated Uses. Typical uses associated with a place of worship include the following:
1.
Sanctuaries, assembly halls, or similar large meeting rooms where religious services are held;
2.
Community centers or fellowship halls, which may be the site of religious services, but also used for community, athletic, fraternal, social, civic, charitable and recreational programs;
3.
Offices utilized for administrative purposes related to the operation of the church or place of worship;
4.
Accessory retail facilities for the sale of religious merchandise or merchandise related to the operation of the house of worship;
5.
Playgrounds and athletic fields; and
6.
Rectory or similar residence for religious officials, limited to one per place of worship.
E.
Special Exception Uses Associated with a Place of Worship. As part of a special exception use to establish a place of worship or as part of an existing place of worship, the following associated uses may be approved as a special exception use:
1.
School, elementary or secondary;
2.
Day care, child or adult;
3.
Personal care facility, Type III; and
4.
Monastery or convent.
F.
Additional Standards. Additional standards applicable to a place of worship are provided below.
1.
Grass Parking. Not more than 50 percent of required parking may be grassed consistent with Section 4.3.5.
2.
Minimum Lot Size. Minimum lot size for a freestanding place of worship is two acres, unless said lot size qualifies as a special exception use per Section 3.2.53.C.2.
3.
Primary Vehicular Access.
(A)
More than 250 Seats. A place of worship with more than 250 seats or approved capacity shall be located on and provide primary vehicular access from a collector or arterial roadways.
(B)
Associated Uses. All day care centers, elementary or secondary schools, monasteries or convents, or personal care facilities shall provide primary vehicular access from the following roadways: city collector, minor arterial, state minor arterial, state, or state principal arterial.
4.
Exterior Illumination and Lighting. Exterior illumination and lighting for athletic fields, parking lots, and security shall be shielded from adjacent residential zoning districts and shall comply with the requirements of Section 4.2.2.
5.
Temporary Uses or Special Events. Temporary uses or special events such as outside religious services, seasonal sales, seasonal displays, or other events of a limited nature may require a special events permit or approval as required in Section 3.2.63 of this Chapter.
(Ord. No. 08-44, § 1, 8-19-08; Ord. No. 08-57, § 1, 10-7-08)
Section 3.2.54. - Railroad Yard.
A railroad yard shall comply with the standards listed below.
A.
Permitted Activities. Permitted activities include the assembly, classification, consolidation, distribution, moving, repair, storage, switching, transfer and weighing of cars, engines, locomotives, trains and rolling stock.
Section 3.2.55. - Recreational Vehicle Park.
A recreational vehicle park (RVP) shall comply with the standards listed below.
A.
Property Site and Property Development Regulations. Minimum property development standards for a RVP are established below.
1.
Minimum Size. Minimum size for a RVP shall be ten acres.
2.
Maximum Density. Maximum density shall be ten recreational vehicles per acre, based upon total number of acres in development.
3.
Minimum Property Development Regulations. Minimum property development regulations are provided in Table 3.2.6.
Table 3.2.6.
Minimum Property Development Regulations
4.
Minimum Parking. Minimum parking requirements are provided in Table 3.2.7.
Table 3.2.7.
Minimum Parking Requirements
5.
Minimum Setbacks. All principal and accessory structures and recreational vehicle spaces shall be setback at least 50 feet from any property line.
B.
Accessory Uses. Permitted accessory uses include those listed below.
1.
Recreational Amenities. Recreation amenities, restricted to use by guests, including pools, tennis and shuffleboard courts, recreation rooms, equestrian facilities, fishing, nature and walking trails, play grounds, tot lots, docks, and similar facilities.
2.
Security. Gatehouses or similar facilities designed to provide security to the RVP.
3.
Other Accessory Uses. Other permitted accessory uses are indicated below:
(A)
Maintenance facilities;
(B)
Administrative office space necessary for operation of the RVP; and
(C)
Commercial or retail use, restricted to use by guests, including convenience food and beverage items and recreational vehicle parts.
C.
Prohibited Uses. The uses, activities, or improvements listed below are prohibited within a RVP.
1.
Permanent Residential Use. Permanent residential use of any RVP land, structure, or facility is prohibited, excluding occupants of any security quarters that may be established in the RVP.
2.
Permanent Structures Accessory to a Recreational Vehicle. The installation or construction permanent structures or additions accessory to a recreational vehicle, including but not limited to screen rooms, carports, and utility sheds.
3.
Parking. Parking of recreational vehicles in areas not designated for such use.
4.
Storage. The storage of recreational vehicles.
5.
Excessive Residential Use. Residence in any recreational vehicle space within a park the is restricted to 90 consecutive days, and not more than 180 calendar days during any one year period.
D.
Records. The owner or operator of an RVP shall maintain the following records:
1.
The names and permanent addresses of the occupants of recreational vehicles;
2.
The dates of occupancy for each recreational vehicle used by guests within the RVP; and
3.
The year, make, model; and license plate of each recreational vehicle or automobile used by RVP guests.
E.
Security Quarters. A single-family dwelling, excluding a mobile home, may be established to provide a residence for full-time security personnel residing on the premises.
F.
Vehicular Access. An arterial or collector roadway shall provide vehicular access to a RVP. Access to a RVP through property possessing a residential future land use plan or zoning designation is prohibited.
G.
Pedestrian Access. The RVP shall incorporate a continuous pedestrian and bicycle pathway throughout the entire area of the site, including connections to all portions of the RVP facility, all internal roads, all exterior vehicular connections, and uses and amenities installed for use by guests.
H.
Sanitary Facilities.
1.
Central Facilities Required. Centralized sanitary facilities, including bathing, toilets, and sinks, shall be provided. The number and location of such facilities shall be adequate for the number of visitors to the park.
2.
Water and Sewer Service. Unless otherwise authorized by the Health Department, each RVP parking stall, central bathing facility, administrative office, maintenance facility, security quarters, or any other similar use shall provide a connection to central water and wastewater treatment facilities.
Section 3.2.56. - Schools, Private.
A private school shall comply with the standards listed below.
A.
Compliance with Unified Development Ordinance. Any private school shall comply with all applicable requirements of this UDO, including flood prevention; land clearing; landscaping; property development regulations including setbacks and building height; protection of environmental resources; signage; soil erosion and sedimentation; and tree preservation.
B.
Method of Approval. All private schools shall be reviewed as a special exception use.
Section 3.2.57. - Schools, Vocational and Nonacademic.
Vocational and nonacademic schools shall comply with the standards listed below.
A.
Heavy Equipment Training. Schools providing training for the use of heavy equipment, including semi-trucks, construction vehicles, buses or similar types of vehicles is permitted only in the LMI, HMI and TECH zoning districts.
B.
Driving and Training Courses. All elements comprising a driving and training course for heavy equipment training, including driving courses, exits, entries, buildings, vehicle parking and storage areas and lighting shall be located at least 1,000 feet from any residential zoning district.
C.
Exemption. The requirements of this Section shall not apply to any vocational or non-academic school that is operated by the State of Georgia, the Muscogee County School District, or the Columbus Consolidated Government.
(Ord. No. 08-44, § 1, 9-19-08)
Section 3.2.58. - Self Service Storage.
A self-service storage facility shall comply with the standards listed below.
A.
Design.
1.
Number of Stories. The facility may be single or multistory.
2.
Design and Style. A multistory facility shall be designed and constructed in a manner that avoids uninterrupted rooflines, large expanses of blank walls and similar monotonous features. Design features to be considered include exterior materials; roof materials; primary and trim colors; and exterior features such as real or simulated doors or windows, alternating use of contrasting materials, vertical or horizontal members and similar features to avoid large expanses of blank wall.
B.
Access. The facilities may offer access via a limited number of access points or via a large number of doors or access points to individual bays.
C.
Security Quarters. Facilities may include one permanent residential security quarters utilized by the owner, agent or employee of the owner.
D.
General Standards.
1.
Maximum Size. Individual storage areas shall not exceed 300 square feet.
2.
Boats and Recreational Vehicles.
(A)
Storage of boats and recreational vehicles is permitted.
(B)
Boats shall be stored on trailers with wheels.
(C)
Storage areas shall be completely screened from public rights-of-way or adjacent residential zoning districts, utilizing either the buildings associated with the storage facility or by an opaque masonry wall, or equivalent approved by the City, at least six feet in height.
3.
UPT and CRD zoning districts. Self-service storage facilities in the UPT and CRD zoning districts shall be internal and multistory only.
(Ord. No. 19-037, § 2, 7-23-19)
Section 3.2.59. - Shelter, Homeless.
A homeless shelter shall comply with the standards listed below.
A.
Sanitary Facilities. Shower and restroom facilities shall be provided to serve the number of overnight guests, consistent with the requirements of applicable state or local law.
B.
Sleeping Facilities. One bed per client, excluding staff and volunteers, shall be provided.
C.
Capacity. The capacity of homeless shelters shall not exceed 50 residents.
D.
Departure. Occupants must leave no later than 7:00 a.m. each morning and shall not be allowed to occupy the facility until 5:00 p.m. each evening.
E.
Loitering. Loitering of occupants around the facility between 7:00 a.m. and 4:00 p.m. is prohibited.
Section 3.2.60. - Shelter, Temporary.
A temporary shelter shall comply with the standards applicable to Personal Care Homes, Types I, II and III as established in Sections 3.2.51, 52 and 53.
Section 3.2.61. - Telecommunications and Digital Exchange.
A telecommunications and digital exchange shall comply with the standards listed below.
A.
Ground Floor Commercial Uses. If located in a commercial zoning district, the Director may require retention or installation of ground floor commercial or retail uses to maintain or encourage area character.
1.
Extent of Commercial Uses. Commercial uses shall be provided along the entire ground floor of a structure that fronts a public or private right-of-way, excluding alleys.
2.
Depth of Commercial Use. The commercial use shall extend at least 50 feet from any building facade fronting a right-of-way.
B.
Appearance. If located in a commercial zoning district possessing a commercial or pedestrian orientation or character, the Director may require retention or installation of architectural features consistent with such orientation or character. Required architectural features may include but are not limited to exterior materials, roof materials, building colors and trim, windows, protected pedestrian walkways such as canopies or arcades, cornices, moldings and low relief carvings.
Section 3.2.62. - Temporary Building or Structure.
Temporary building or structure shall comply with the standards listed below.
A.
Accessory Use. The building or structure shall be accessory or incidental to an active residential or nonresidential construction project.
B.
Approval. Approval of the Director must be issued in writing prior to the installation of a temporary building.
C.
Compliance with Building and Health Codes. A temporary building shall comply with all applicable building and public health codes, including connection to sanitary sewer and potable water services if required.
D.
Duration of Approval. The temporary building shall be removed upon completion of construction, or two years, whichever is greater. The Director may extend approval for the temporary building for not more than 18 months.
Section 3.2.63. - Temporary Use or Special Event.
A temporary use or special event shall comply with the standards listed below.
A.
Review. Unless otherwise provided herein, the City Manager may approve an application for a temporary use or special event. An event that occurs for five or more days, and includes but is not limited to outdoor festivals, craft shows, carnivals and similar outdoor amusements, flea markets, plant sales, parades on public rights-of-way, seasonal sales of merchandise, concerts, and any similar other event.
B.
Location. A temporary use or special event shall be located as provided below:
1.
Properties possessing a nonresidential zoning district designations; or
2.
Properties within residential zoning districts or residential portions of PUDs that are public-serving sites such as public or private schools, places of worship public parks or other public property.
C.
Duration. An event shall not exceed seven consecutive days. The City Manager may authorize one administrative time extension of up to three days. The Council shall approve any event more than ten days in length.
1.
Exemption. The following events shall be exempt from the ten day limitation.
(A)
Community Fairs. Community fairs shall not exceed 14 days of operation and being open to the public, excluding time to set up or dismantle the fair.
(B)
Religious Meetings. Religious meetings of a temporary nature shall not exceed 14 days in length, excluding time to set up or dismantle the meeting facilities.
(C)
Christmas Trees Sales. Christmas tree sales shall be permitted starting the weekend prior to Thanksgiving and continuing until January 1.
(D)
Pumpkin Sales. Pumpkin sales shall be permitted thirty (30) days prior to October 31.
(E)
Fireworks Sales. Fireworks sales shall be permitted for the following:
1)
Independence Day. Fireworks sales shall be permitted thirty (30) days prior to July 4.
2)
New Year's Day. Fireworks sales shall be permitted thirty (30) days prior to January 1.
D.
Number per Year. Not more than three temporary events in any calendar year shall be held on the same location, unless otherwise approved by the Council following a recommendation by the City Manager.
E.
Compliance. If a violation occurs at an event permitted by the City, the City Manager may deny permits to the operator for similar temporary events for a period of not more than 18 months.
F.
Review. The City Manager may require review of a temporary event permit by members of City staff.
G.
General Standards. Temporary uses or special events shall comply with the standards listed below.
1.
Access. Vehicular access from a collector or arterial roadway shall be provided. Access from a local street is prohibited, unless approved by City Manager as the only feasible access available to a site.
2.
Setbacks. The minimum setbacks indicated in Table 3.2.9 shall apply to all parking areas, mobile homes or similar temporary dwellings or offices, tents, mechanical devices, carnival rides, and animals associated with such activities.
Table 3.2.9.
Minimum Setbacks for Special Events
3.
Traffic Control. Use of city police or acceptable alternative to direct and control traffic may be required.
4.
Sanitation and Public Health. Plans for sanitation and public health protection including temporary bathroom facilities, inspection of food facilities, drainage, and garbage and litter control, shall be approved by the City Manager.
5.
Application Requirements. Applications for a temporary use or special event authorization shall be submitted to the Director of Inspections and Codes.
(A)
Submittal. Applications shall be filed at least 5 days prior to the opening day of the use or event.
(B)
Contents. The application shall contain such information as required by the Director of Inspections and Codes, and shall include the items listed below.
(1)
Authority. Evidence the property owner authorizes the use of the site for a special event.
(2)
Site Plan. A general site plan for the event, including property boundaries, road access, location of tents or other structures, location of rides, location of parking, location of temporary dwellings or offices, and proposed setbacks of activities, tents, booths, etc., from adjacent properties.
(3)
Statement of Use. A general statement of use, including but not limited to sponsor, planned activities, duration of event, hours of operation, anticipated attendance, temporary lighting to be provided onsite, security, utilities, use of generators, and other information that may be required by the Director.
(4)
Signs. A general sign plan, including proposed number, size, location, and dates of installation and removal of all signs associated with the event.
(5)
Other Materials. Other materials and documentation as may be required by the Director.
6.
Surety. The City Manager may require the operator of an event to post a cash surety, or other form of security, to provide funds to cleanup or otherwise mitigate a site following a temporary event. The Manager shall approve the amount of surety.
7.
Insurance. The City Manager may require the operator of an event to provide evidence of a general liability policy in an amount of at least $1,000,000, with the City named as an additional insured. The City may require proof of additional insurance.
8.
Authorization. The City Manager shall issue written approval for a temporary use or special event, including any conditions or restrictions placed on the proposed activities. Conditions or restrictions may affect or include planned activities, duration of event, hours of operation, temporary lighting to be provided onsite, security, traffic control, garbage and litter control, bathroom facilities, utilities, security, and use of generators.
(Ord. No. 09-52, § 1, 11-10-09; Ord. No. 11-55, § 1, 11-8-11)
Section 3.2.64. - Tire Retreading and Recapping.
A tire retreading and recapping facility shall comply with the standards listed below.
A.
Storage. Used tires may be stored onsite for ultimate processing or disposal.
B.
Disposal. Disposal of used tires shall comply with applicable federal, state or local requirements.
Section 3.2.65. - Towing Services.
A towing service shall comply with the standards listed below.
A.
Prohibited Activities. A towing service shall not engage in the disassembly, repair, salvage or long-term storage of vehicles. For the purposes of this Section, long-term storage of vehicles shall be defined as storage of vehicles for more than 90 days.
B.
Exempt Activities. Auto repair services or auto service stations providing a towing service may repair towed vehicles.
Section 3.2.66. - Transitional Housing Facility, Type I.
A Type I Transitional Housing Facility shall comply with the standards listed below.
A.
Definition. For the purposes of this Section, a Type I Transitional Housing Facility is defined as group housing for individuals and juveniles undergoing some form treatment, therapy, medical care, counseling, guidance or other assistance for current or former use and abuse of addictive or controlled substances, including legal or illegal drugs and chemicals, alcohol, tobacco, any similar substance, any other chemical or substance, or any combination thereof.
B.
Control and Operation. Type I facilities shall be controlled and operated by one of the following:
1.
Public agencies of federal, state or local government.
2.
Private, for-profit firms or organizations that operate on behalf of and under contract with an agency of federal, state or local government; and
3.
Not-for-profit agencies that provide service to current or former substance abusers.
C.
Exemption. The standards of this Section shall not apply to any Type I facility operated by Muscogee County.
D.
Maximum Capacity and Nature of Residents.
1.
Single-family and Historic Residential Zoning Districts. In any single-family residential or historic zoning district, maximum capacity shall not exceed 6 residents, excluding staff associated with the facility.
2.
Multiple Family Residential Zoning Districts. In any multiple family residential zoning district, maximum capacity shall not exceed 15 residents, excluding staff associated with the facility.
3.
Nature of Residents. Residents of a Type I facility located in a single-family or multifamily residential zoning district shall not be classified as a threat to the public health, safety and welfare.
4.
Sixteen or More Residents. A Type I facility with 16 or more residents shall only be located within a nonresidential zoning district.
E.
Character of Facility. In a single-family or multifamily residential zoning district, the character of the structure shall conform to the neighborhood in which the facility is located.
F.
Signs in Single-family Zoning Districts. Installation of signs is prohibited in a single-family or historic zoning district.
G.
Minimum Separation Distance. At least 1,000 feet shall separate Type I transitional housing facilities located within a single-family or historic residential zoning district.
1.
Measurement of Distance. The separation distance shall be measured in a direct line from the closest property line of one facility to the closest property line of the other facility.
2.
Variance or Waiver Prohibited. A variance or waiver to the required separation distance shall not be granted.
(Ord. No. 05-32, § 1, 4-5-05)
Section 3.2.67. - Transitional Housing Facility, Type II.
A Type II Transitional Housing Facility shall comply with the standards listed below.
A.
Definition. For the purposes of this Section, a Type II Transitional Housing Facility is defined as group housing for individuals and juveniles that are under some form of judicial or correctional control, direction, guidance or counseling, including but not limited to the following categories:
1.
Work release programs for current or former convicts;
2.
Alternative incarceration or correctional programs;
3.
Halfway housing;
4.
Pre-release programs;
5.
Pre-sentencing programs; or
6.
Any similar type of traditional or non-traditional incarceration or control program.
B.
Locations. The closest portion of the structure shall be located at least 500 feet from the nearest residential property line.
C.
Control and Operation. Type II facilities shall be controlled and operated by an agency of federal, state or local government. A Type II facility may include private facilities that are controlled and operated on behalf of and under contract with an agency of federal, state or local government.
D.
Maximum Capacity. The maximum capacity for a Type II facility shall be 25 residents.
E.
Exemption. The standards of this Section shall not apply to any Type II facility operated by Muscogee County.
F.
General Procedures. All Type II facilities shall comply with the general procedures established below.
1.
Identification of Residents. The staff of each facility shall maintain an up-to-date roster of all clients or residents. The roster shall be provided in a timely fashion, upon request, to the Chief of Police.
2.
Staff. Each facility shall maintain an appropriate level of staff on an 24 hour a day basis. The appropriate level of staff shall be determined in coordination with the staff of the sponsoring agency, the Planning Division and the Chief of Police.
3.
Emergency Contacts. Each staff of each facility shall provide the Chief of Police with a list of contacts in case of emergency. The staff of each facility shall be responsible for maintaining the list on a current basis.
4.
Security. The sponsoring agency for each facility shall provide security fencing, and other security or screening and buffering measures, as may be required by the Chief of Police or the Planning Division.
(Ord. No. 05-32, § 1, 4-5-05)
Section 3.2.68. - Upholstery Shop.
An upholstery shop shall comply with the standards listed below.
A.
Prohibited Repairs. Repairs to automobile upholstery are prohibited, unless allowed in the zoning district in which the shop is located.
Section 3.2.69. - Utility, Major.
A.
Permitted Uses. Permitted uses within a major utility include the following: utility distribution, collection, or transmission networks or facilities operated by a public or private agency or organization that provides utility services to a regional or subregional geographic area.
Section 3.2.70. - Utility, Minor.
A minor utility shall comply with the standards listed below.
A.
Permitted Uses. Permitted uses within a minor utility include the following: underground water and sanitary sewer lines; overhead or underground electrical, gas, cable, and telephone lines, including necessary service boxes; lighting and utility poles; sewage lift stations; electrical distribution substations; and manned or unmanned telephone exchange buildings, buildings with telephone switching equipment, and substations.
Section 3.2.71. - Utility Plant.
A utility plant shall comply with the standards listed below.
A.
Review of Application. An application to establish a utility plant shall be reviewed as a special exception use.
B.
Exemption. Any utility plant operated by a public agency under the control of federal, state or local government is exempt from the requirements of this Section.
C.
Additional Impacts to be Considered. In addition to the standards of Article 2 of Chapter 10 regarding special exception use applications, the following impacts shall be considered as part of any application for approval of a utility plant.
1.
Natural Resources. Impact on natural resources, including environmentally sensitive lands, aquifer and groundwater recharge areas, flood plains, protected rivers, and similar areas.
2.
Water Resources. Impact of plant operations on surface and subsurface water resources, including amount of water to be withdrawn or utilized on a regular basis.
3.
Air Quality Resources. Impact of plant operations on air quality resources of the Columbus Phenix City Transportation Study/Metropolitan Planning Organization area.
4.
Community Character. The impact of the plant and its operations on community character, including the following:
(A)
The nature and type of adjacent land uses;
(B)
The bulk, scale and size of the plant in relation to adjacent uses; and
(C)
The impact of lighting, emissions, traffic, number of employees, and overall operational characteristics.
Section 3.2.72. - Wireless Communications Facilities.
Wireless communications facilities shall comply with the standards listed below.
A.
Definitions. Definitions relating to wireless communications are provided in Chapter 13.
B.
Exemptions. Wireless communications facilities for which a permit was issued prior to the effective date of these regulations are not required to meet the standards listed below.
1.
Less than 70 Feet in Height. Antennae and towers less than 70 feet in height, owned and operated by the holder of an amateur radio license issued by the Federal Communications Commission (FCC).
2.
Certain Personal Devices. Personal over-the-air devices for video programming and wireless Internet services are not subject to the requirements of this Section.
3.
Ground Relay Stations. Satellite ground relay stations facilities are not subject to the requirements of this Section.
4.
Satellite Dish Antenna. Satellite dish antennas, or similar devices, as provided in the Federal Telecommunications Act of 1996, are exempt from the requirements of this Section, subject to the standards listed below.
(A)
Residential Zoning Districts.
(1)
The satellite dish shall not exceed 39 inches or one meter in diameter.
(2)
The satellite dish will be installed in compliance with all required building setbacks.
(3)
The satellite dish will be installed in compliance with the height requirements of the zoning district in which located.
(B)
Nonresidential Zoning Districts.
(1)
The satellite dish shall not exceed 78 inches or two meters in diameter.
(2)
The satellite dish will be installed in compliance with all required building setbacks.
(3)
The satellite dish will be installed in compliance with the height requirements of the zoning district in which located.
C.
Principal or Accessory Use. Antennae, towers and concealed support structures may be either a principal use or an accessory use and may be located on a non-conforming lot or on a lot containing a nonconforming use. The construction of a tower or concealed support structure in compliance with this Section shall not be considered an expansion of a nonconforming use.
D.
Approval Required. A wireless communications facility located on private property shall not be constructed unless it has first been approved as determined by Table 3.2.10.
E.
Prohibited Locations. An antenna, tower or concealed support structure shall not be located on a lot platted or used for single-family residential purposes. In the residential zoning districts, an antenna, tower or concealed support structure may only be located on a property approved for non-single-family residential use, such as a multifamily development, a church or school.
F.
Temporary Wireless Communication Facility. A Temporary Wireless Communication Facility (COW) may be approved by administrative review in any zoning district for a period not to exceed 90 days. The application shall include an explanation of the urgency of need for a temporary facility in addition to all other documentation requirements.
Table 3.2.10.
Required Development Review for Towers
G.
Review Criteria. In addition to the standards enumerated for administrative review or special exception use approval, the following factors shall also be considered:
1.
Height. Height of the proposed Tower or Concealed Support Structure.
2.
Residential Uses. Proximity of residential uses.
3.
Topography. Topography of the surrounding area.
4.
Vegetation. Surrounding tree cover and existing vegetation.
5.
Architectural Design. Design of the structure with particular reference to characteristics that have the effect of reducing or eliminating visual obtrusiveness.
6.
Existing or Approved Towers. Whether there exist or have been approved other suitable towers or tall structures within the geographic area required to comply with the proposed service provider's engineering requirements. The lack of suitable alternatives may be demonstrated by one or more of the standards listed below.
(A)
That existing towers or tall structures are not located within the necessary geographic area.
(B)
That existing towers or tall structures are not of sufficient height to meet system engineering requirements.
(C)
That existing towers or tall structures do not have the structural capacity to support the service provider's antennae or do not have sufficient ground or interior space for related equipment.
(D)
That the proposed service provider's antennae would cause interference with antennae on existing towers or tall structures or that existing systems would cause interference with the proposed service provider's signal.
(E)
That other limiting factors, not including economic considerations, render existing towers or tall structures unsuitable.
H.
Denial. Any decision by the Inspection and Codes Division, Planning Division, Board of Historic and Architectural Review or City Council to deny an application to place, construct, or modify personal wireless service facilities shall be in writing and cite the basis on substantial evidence contained in a written record.
I.
Height Limitations and Collocation Requirements. The standards listed below shall apply to all towers.
1.
Maximum Height Increase. Antennae attached to existing buildings or structures other than towers shall not increase the total height by more than 20 feet.
2.
Maximum Tower Height. Maximum tower height is indicated in Table 3.2.11.
J.
Collocation. All towers over 100 feet in height shall have structural capacity and ground or interior space to accommodate multiple users. Towers up to 160 feet shall accommodate at least three users. Towers over 160 feet shall accommodate at least five users.
Table 3.2.11.
Maximum Tower Height
K.
Design Criteria.
1.
Setbacks.
(A)
A monopole tower structure shall be placed no closer than a distance equal to the height of the tower structure from any off-site residential structure. All other types of tower structures shall not be placed within 300 feet of a residential structure.
(B)
All towers shall be located at least one-third of its height from any public right-of-way, unless it is a concealed support structure designed for small cell technology.
(C)
Setbacks shall be based on the entire lot on which the tower is located and shall not be applied to any lease area within the host parcel.
(D)
Towers and accessory structures or anchors in conjunction with a tower shall comply with the minimum yard requirements of the zoning district in which they are located.
2.
Landscaping and Screening. Standards for landscaping and screening towers are listed below.
(A)
Towers and related equipment shall be surrounded by a minimum 10 foot wide area meeting buffer standards that is consistent with the requirements of Article 5 of Chapter 4 of this UDO.
(B)
Landscaping and buffer areas must be under the ownership or long-term lease of the tower owner.
(C)
The required buffer area may be reduced or waived by the City Council if, in the opinion of the City Arborist, existing natural vegetation provides sufficient screening from adjacent properties and public rights-of-way.
3.
Concealed Support Structures. Concealed support structures shall have all related equipment screened from view by one of the methods listed below.
(A)
Existing Buildings. Locating all equipment in an existing building.
(B)
Underground Vaults. Locating all equipment in an underground vault.
(C)
New Structures. Locating all equipment in a new building that is of an architectural style similar to existing buildings or compatible with the specific environment.
4.
Lighting.
(A)
Security lighting is allowed to the extent that the light source is shielded from adjacent properties.
(B)
Towers shall not be lighted beyond the standards required by the FAA. If lighting is required on a tower located within 1 mile of a residential use, the owner shall request FAA approval of a dual-lighting system.
5.
Security.
(A)
All towers and related equipment shall be enclosed by decay-resistant security fencing not less than six feet in height.
(B)
All towers shall be equipped with other anti-climbing devices as appropriate to prevent unauthorized access.
L.
Signage and Advertising. Tower facilities shall have mounted in a conspicuous place, a sign of not more than one square foot in area, identifying the facility's owner and providing a means of contact in the event of an emergency. All other signs and any form of advertising are prohibited. Warning signs shall be provided as indicated below.
1.
High Voltage. "HIGH VOLTAGE—DANGER" warning signs shall be permanently attached to the fence or wall surrounding the structure and spaced not more than 40 feet apart.
2.
No Trespassing. "NO TRESPASSING" warning signs shall be permanently attached to the fence or wall surrounding the structure, and spaced not more than 40 feet apart.
3.
Lettering. The height of the lettering of the warning signs shall be at least 12 inches. The warning signs shall be installed at least five feet above the finished grade.
4.
Alternative Attachment. The warning signs may be attached to freestanding poles if landscaping may obstruct the content of the signs.
M.
Compliance. All towers, concealed support structures, antennae and related equipment shall comply with the following:
1.
All building and electrical codes currently in force;
2.
The noise requirements of this Code or as otherwise provided by Columbus;
3.
The applicable standards of the Electronic Industries Association; and
4.
The applicable regulations of the Federal Communications Commission and Federal Aviation Administration.
N.
Application Requirements.
1.
Administrative Review and BHAR Review. In addition to all documentation required by these regulations for Administrative Review and BHAR review, applicants shall also submit the information listed below.
(A)
Statement of Commitment. A statement of commitment to use the proposed site from at least one federally licensed wireless service provider.
(B)
Materials. Narrative and graphic materials, such as signal propagation plots, prepared by a radio frequency engineer clearly explaining and illustrating the proposed service provider's need for the new antenna installation. In documenting need, the applicant will address the following:
(1)
Existing towers and tall structures located within 3,000 feet of the proposed location;
(2)
The required antenna height; and
(3)
Alternate locations as may be appropriate.
(C)
Engineering Report. For towers or concealed support structures, a report from a qualified independent engineer licensed in the State of Georgia documenting the following:
(1)
The location of the facility by longitude and latitude and Georgia Plane Coordinate System;
(2)
Ground elevation and total height in English and metric measurements;
(3)
Total anticipated capacity of the tower or concealed support structure, including assumptions as to number and type of antennae supported;
(4)
Evidence of the structural integrity of the structure with respect to wind and ice loading; and
(5)
Design characteristics that indicate the limits of falling debris in the event of catastrophic structural failure.
(D)
Renderings. Architectural renderings or simulated photographs of all proposed structures in context with particular attention to views from public streets or residential uses.
(E)
Contact or Agent. Identity and current contact information of the person authorized by the applicant to answer questions from the local government or community regarding construction and operation of the facility. Include name, mailing address, telephone number, facsimile number and electronic mail address, if applicable.
2.
Special Exception Use Approval. In addition to other application requirements of this Code, all applicants for special exception use approval shall submit the information listed below.
(A)
Commitment. A written statement of commitment to use the proposed site from at least one federally licensed wireless service provider.
(B)
Materials. Narrative and graphic materials, such as signal propagation plots, prepared by a radio frequency engineer clearly explaining and illustrating the proposed service provider's need for the new antenna installation. In documenting need, the applicant will address the following:
(1)
The proposed site's relationship to the existing antenna network, existing towers and tall structures located within 3,000 feet of the proposed location;
(2)
The required antenna height; and
(3)
Alternate locations as may be appropriate.
(C)
Structural Renderings. Architectural renderings or simulated photographs of all proposed structures in their physical environment with particular attention to views from public streets or residential uses.
(D)
Engineering Statement. For towers or concealed support structures, a report from a qualified independent engineer licensed in the State of Georgia documenting the following information.
(1)
The location of the facility by longitude and latitude and Georgia Plan Coordinate System, ground elevation and total height in English and metric measurements.
(2)
Total anticipated capacity of the tower or concealed support structure, including assumptions as to number and type of antennae supported.
(3)
Evidence of the structural integrity of the structure with respect to wind and ice loadings.
(4)
Design characteristics that indicate the limits of falling debris in the event of catastrophic structural failure.
(5)
A scale drawing of the site and area that indicates distances to the nearest residential uses.
(E)
Map. A map that illustrates the proposed tower location with respect to the nearest airport.
(F)
FAA Determination. A determination by the FAA regarding hazards to air navigation.
(G)
Contact or Agent. Identity and current contact information of the person authorized by the applicant to answer questions from the local government or community regarding construction and operation of the facility. Include name, mailing address, telephone number, facsimile number and electronic mail address, if applicable.
O.
Small wireless equipment in right-of-way.
1.
Definitions. Unless defined below, terms used in this Code Section shall have the meanings given them in O.C.G.A. § 36-66C-2 as they may from time to time be amended.
2.
Permits.
a.
A permit is required to collocate a small wireless facility in the public right-of-way or to install, modify, or replace a pole or a decorative pole in the public right-of-way. A permit is not required to perform the activities described in O.C.G.A. § 36-66C-6(e) or (f).
b.
Any person seeking to collocate a small wireless facility in the public right-of-way or to install, modify, or replace a pole or a decorative pole in the public right-of-way shall submit an application to the Columbus Consolidated Government ("CCG") Department of Engineering ("the Engineering Department") for a permit. Applications are available from the Engineering Department and will be required to contain the information set forth in O.G.C.A. § 36-66C-6(d). Any material change to information contained in an application shall be submitted in writing to the Engineering Department within 30 days after the events necessitating the change.
c.
Each application for a permit shall include the maximum application fees permitted under O.C.G.A. § 36-66C-5(a)(1), (a)(2) and (a)(3). Such maximum application fees shall automatically increase on January 1 of each year beginning January 1, 2021, as provided under O.C.G.A. § 36-66C-5(b).
d.
The Engineering Department shall review applications for permits according to the timelines and using the procedures identified in O.C.G.A. §§ 36-66C-7 and 36-66C-13. As more specifically provided by those code sections, the Engineering Department shall notify applicant within 20 days if any application is incomplete and shall identify the missing information. The Engineering Department will have thirty (30) days from when the application is deemed complete to make a final decision with respect to a colocation and seventy days from when the application is complete to make a final decision with respect to the installation, modification, or replacement of a pole or decorative pole. If the Department fails to act on an application within the time provided, the applicant may notify the Engineering Department that it has not received a decision, and if the Engineering Department fails to issue a decision within twenty (20) days the application shall be deemed approved by operation of law.
e.
Applications for permits shall be approved subject to the following conditions:
(1)
In order to receive a permit to install a pole or replace a decorative pole, the applicant must have determined after diligent investigation that it cannot meet the service objectives of the permit by collocating on an existing pole or support structure on which: (i) the applicant has the right to collocate subject to reasonable terms and conditions; and (ii) such collocation would not impose technical limitations or significant additional costs. The applicant shall certify that it has made such a determination in good faith, based on the assessment of a licensed engineer, and shall provide a written summary of the basis for such determination.
(2)
The Engineering Department may deny an application for a permit upon any of the conditions identified in O.C.G.A. § 36-66C-7(j).
(3)
For applications for new poles in the public right-of-way in areas zoned for residential use, the Engineering Department may propose an alternate location in the public right-of-way within 100 feet of the location set forth in the application, and the wireless provider shall use the Engineering Department's proposed alternate location unless the location imposes technical limits or significant additional costs. The wireless provider shall certify that it has made such a determination in good faith, based on the assessment of a licensed engineer, and it shall provide a written summary of the basis for such determination.
f.
A permit issued under this Section O shall authorize such person to occupy the public rights-of-way to: (i) collocate a small wireless facility on or adjacent to a pole or a support structure that does not exceed the limitations set forth in O.C.G.A. § 36-66C-7(h)(3) or on or adjacent to a decorative pole in compliance with O.C.G.A. § 36-66C-12; and (ii) install, modify, or replace a pole or decorative pole for collocation of a small wireless facility that does not exceed the limitations set forth in O.C.G.A. § 36-66C-7(h)(1) and (h)(2).
g.
Upon the issuance of a permit under this Code Section, and on each anniversary of such issuance, every person issued a permit shall submit to the CCG the maximum annual payments permitted under O.C.G.A. § 36-66C-5(a)(4) and (a)(5); provided, however, that if such person removes its small wireless facilities form the public rights-of-way pursuant to O.C.G.A. § 36-66C-5(e), then such person shall be responsible for the pro rata portion of the annual payment based on the number of days of occupation since the last annual payment. Upon making such pro rata payment and removal of the small wireless facilities, the person's annual payment obligations under this section shall cease as of the date of the actual removal. The maximum annual payments shall automatically increase on January 1 of each year beginning January 1, 2021, as provided under O.C.G.A. § 36-66C-5(b).
h.
Any person issued a permit shall pay the fees identified in O.C.G.A. § 36-66C-5(a)(6) and (a)(7), as applicable.
i.
The CCG may revoke a permit issued pursuant to this Section O if the wireless provider or its equipment placed in the public right-of-way under that permit subsequently is not in compliance with any provision of this Section O or the Georgia Streamlining Wireless Facilities and Antennas Act. Upon revocation, CCG may proceed according to paragraph 2.j. below.
j.
If a wireless provider occupies the public rights-of-way without obtaining a permit required by Part 2 of this Section O or without complying with the SWFAA, then CCG may, at its sole discretion, restore the right-of-way, to the extent practicable in CCG's reasonable judgment, to its condition prior to the unpermitted collocation or installation and to charge the responsible wireless provider the reasonable, documented cost of the CCG in doing so, plus a penalty not to exceed $1,000.00. The CCG may suspend the ability of the wireless provider to receive any new permits from the CCG under this Section O until the wireless provider has paid the amount assessed for such restoration costs and the penalty assessed, if any; provided, however, that the CCG may not suspend such ability of any applicant that has deposited the amount in controversy in escrow pending an adjudication of the merits of the dispute by a court of competent jurisdiction.
k.
All accepted applications for permits shall be publicly available subject to the limitations identified in O.C.G.A. § 36-66C-6(c).
l.
An applicant may file a consolidated application related to multiple small wireless facilities, poles or decorative poles so long as such consolidated application meets the requirements of O.C.G.A. § 36-66C-13 which pertain to a Class II Authority.
m.
Activities authorized under a permit shall be completed within the timelines provided in O.C.G.A. § 36-66C-7(k)(2).
n.
Issuance of a permit authorizes the applicant to: (i) undertake the collocation, installation, modification or replacement approved by the permit and (ii) operate and maintain the small wireless facilities and any associated pole covered by the permit for a period of ten (10) years.
o.
Permits shall be renewed following the expiration of the term identified in Section 3.14 upon the terms and conditions identified in O.C.G.A. § 36-66C-7(k)(2)(B).
q.
If an application for a permit seeks to collocate small wireless facilities on CCG poles in the public rights-of-way, then the CCG shall, within 60-days of receipt of the completed application: (i) provide a good faith estimate for any make-ready work necessary to enable the authority pole to support the proposed facility; or (ii) notify the wireless provider that the wireless provider will be required to perform the make-ready work. Any make-ready work performed by the CCG shall be completed pursuant to and in accordance with the provisions of O.C.G.A. § 36-66C-7(n).
3.
Removal; Relocation; Reconditioning; Replacement; Abandonment.
a.
A person may remove its small wireless facilities from the public rights of according to the procedures of O.C.G.A. § 36-66C-5(e).
b.
In the event of a removal under Section 4.1, the right-of-way shall be, to the extent practicable in the reasonable judgment of the CCG, restored to its condition prior to the removal. If a person fails to return the right-of-way, to the extent practicable in the reasonable judgment of the CCG, to its condition prior to the removal within 90 days of the removal, the CCG may, at its sole discretion, restore the right-of-way to such condition and charge the person the CCG's reasonable, documented cost of removal and restoration, plus a penalty not to exceed $500.00. The CCG may suspend the ability of the person to receive any new permits under this code section until the person has paid the amount assessed for such restoration costs and the penalty assessed, if any; provided, however, that the CCG will not suspend such ability of any person that has deposited the amount in controversy in escrow pending an adjudication of the merits of the dispute by a court of competent jurisdiction.
c.
If, in the reasonable exercise of police powers, the CCG determines: (i) a pole or support structure unreasonably interferes with the widening, repair, reconstruction, or relocation of a public road or highway, or (ii) relocation of poles, support structures, or small wireless facilities is required as a result of a public project, the wireless provider shall relocate such poles, support structures, or small wireless facilities pursuant to and in accordance with the provisions of O.C.G.A. § 36-66C-7(l). If the wireless provider fails to relocate a pole, support structure or small wireless facility or fails to provide a written good faith estimate of the time needed to relocate the pole, support structure or small wireless within the time period prescribed in O.C.G.A. § 36-66C-7(l), the CCG may take the actions authorized by O.C.G.A. § 36-66C-7(o), in addition to any other powers under applicable law.
d.
The CCG shall recondition and replace its own poles consistent with the provisions of O.C.G.A. § 36-66C-7(m). Wireless providers shall accommodate and cooperate with reconditioning and replacement consistent with the provisions of O.C.G.A. § 36-66C-7(m).
e.
A wireless provider must notify the Engineering Department of its decision to abandon any small wireless facility, support structure or pole pursuant to and in accordance with the provisions of O.C.G.A. § 36-66C-7(p)(1). The wireless provider shall perform all acts and duties identified in O.C.G.A. § 36-66C-7(p) regarding abandonment. The CCG may take all actions and exercise all powers authorized under O.C.G.A. § 36-66C-7(p) upon abandonment, in addition to any other powers under applicable law.
4.
Standards.
a.
Small wireless facilities and new, modified, or replacement poles to be used for collocation of small wireless facilities may be placed in the public right-of-way as a permitted use: (i) upon a receipt of a permit under Section 2 above.; (ii) subject to applicable codes; and (iii) so long as such small wireless facilities and new, modified, or replacement poles to be used for collocation of small wireless facilities comply with the appropriate provisions of O.C.G.A. § 36-66C-7(h). Specifically, all small wireless facilities shall meet the following requirements.
(1)
New, modified, or replacement poles installed in the right-of-way in a historic district or in an area zoned primarily for residential use shall not exceed 50 feet above ground level.
(2)
Each new, modified, or replacement pole installed in the right-of-way that is not in a historic district or in an area zoned primarily for residential use shall not exceed the greater of:
(i)
Fifty feet above ground level; or
(ii)
Ten feet greater in height above ground level than the tallest existing pole in the same public right-of-way in place as of January 1, 2019, and located within 500 feet of the new proposed pole;
(3)
New small wireless facilities in the public right-of-way and collocated on an existing pole or support structure shall not exceed more than ten feet above the existing pole or support structure.
(4)
New small wireless facilities in the public right-of-way collocated on a new or replacement pole under paragraph 4.a (1) or 4.a(2) above may not extend above the top of such poles.
b.
The preferred composition for all poles installed in the right-of-way will be metal with black powder coating. Pole material will be reviewed by the Engineering Department for compatibility with surrounding land use. c. Unless it is determined that another design is less intrusive, or placement is required under applicable law, small wireless facilities shall be concealed as follows:
(1)
Antennas located at the top of poles and support structures shall be incorporated into the pole or support structure, or placed within shrouds of a size such that the antenna appears to be part of the pole or support structure;
(2)
Antennas placed elsewhere on a pole or support structure shall be integrated into the pole or support structure or be designed and placed to minimize visual impacts.
(3)
Radio units or equipment cabinets holding radio units and mounted on a pole shall be placed as high as possible, located to avoid interfering with, or creating any hazard to, any other use of the public rights-of-way, and located on one side of the pole. Unless the radio units or equipment cabinets can be concealed by appropriate traffic signage, radio units or equipment cabinets mounted below the communications space on poles shall be designed so that the largest dimension is vertical, and the width is such that the radio units or equipment cabinets are minimally visible from the opposite side of the pole on which they are placed.
(4)
Wiring and cabling shall be neat and concealed within or flush to the pole or support structure, ensuring concealment of these components to the greatest extent possible.
d.
Notwithstanding any provision of this Ordinance to the contrary, an applicant may collocate a small wireless facility within a historic district, and may place or replace a pole within a historic district, only upon satisfaction of the following: (i) issuance of a permit under Section 2 and (ii) compliance with applicable codes.
e.
Notwithstanding any provision of this Section Oto the contrary, an applicant may collocate a small wireless facility on a decorative pole, or may replace a decorative pole with a new decorative pole, in the event the existing decorative pole will not structurally support the attachment, only upon satisfaction of the following: (i) issuance of a permit under Section 2 and (ii) compliance with applicable codes.
(Ord. No. 05-32, § 1, 4-5-05; Ord. No. 09-22, § 1, 6-2-09; Ord. No. 12-53, § 5, 12-4-12; Ord. No. 14-2, § 6, 1-14-14; Ord. No. 14-45, § 1, 8-26-14; Ord. No. 16-53, §§ 1, 2, 12-13-16; Ord. No. 19-046, § 1, 9-24-19, eff. 10-1-19)
Section 3.2.73 - Foster Care Home.
Foster Care Home shall comply with the standards listed below:
A.
Number of Residents. Twenty-four-hour care, lodging, supervision and maintenance shall be provided for not more than six residents.
B.
Character of Dwelling. In a single-family or multifamily residential zoning district, the character of the dwelling shall conform to the neighborhood in which the facility is located.
C.
Signs in Single-family Zoning Districts. Installation of signs in a single-family zoning district comply with the standards of Article 4 of Chapter 4.
D.
Compliance. The facility shall comply with all applicable federal, state or local laws and regulations.
(Ord. No. 19-017, § 5, 4-9-19)
Section 3.2.74 - Group Foster Home.
Group Foster Home shall comply with the standards listed below:
A.
Number of Residents. Twenty-Four-hour care, lodging, supervision and maintenance shall be provided for not less than 7 or not more than 15 residents.
B.
Character of Dwelling. In a multifamily residential zoning district, the character of the dwelling shall conform to the neighborhood in which the facility is located.
C.
Signs. Signs shall comply with the requirements of Article 4 of Chapter 4.
D.
Compliance. The facility shall comply with all applicable federal, state or local laws and regulations.
(Ord. No. 19-017, § 6, 4-9-19)
Section 3.2.75. - Health and Fitness Facility.
A.
Location.
1.
HIST zoning district.
(A)
A Health and Fitness Facility locating in the HIST zoning district shall not be permitted outright as a principal use. Said use shall meet the following criteria to be considered for a Special Exception Use as provided in Section 3.1.1 and Section 10.2.7:
a.
A Health and Fitness Facility shall be required to occupy a building that encompasses 15,000 square feet or more of gross floor area.
b.
A Health and Fitness Facility shall only be permitted in existing structures (built prior to 2019).
c.
A Health and Fitness Facility shall be required to meet the parking standards of the Unified Development Ordinance as referenced in Section 4.3. Off-Street Parking and Loading.
d.
No Alcohol shall be sold or served on the premises.
(Ord. No. 19-026, § 1.2 , 5-28-2019)
Editor's note— Ord. No. 19-026, § 1.2, adopted May 28, 2019, amended the Code by adding provisions designated as § 3.2.73. Inasmuch as there were already provisions so designated, the provisions have been redesignated as § 3.2.75, at the discretion of the editor.
Section 3.2.76. - Medical Cannabis Dispensary.
Medical Cannabis Dispensaries shall comply with the standards listed below:
A.
Prohibited Locations. Georgia state law (O.C.G.A.§ 16-12-215) prohibits a medical cannabis dispensary within 1,000 feet of a covered entity. The term 'covered entity' means a public or private school; an early care and education program; or a church, synagogue, or other place of public religious worship, in existence prior to the date of licensure of such licensee under State Law. A dispensing licensee may request a variance from Council to locate in places prohibited in this subsection based on a showing that such modification is needed to allow retail outlets to be established to service registered patients residing within this local jurisdiction.
B.
Lighting. No flashing lights, search lights, spotlights, or other similar lighting systems may be used on the exterior of the building.
C.
Signage. Electronic message boards and temporary signs are not allowed.
D.
Hours of Operation. Hours of operation are 7:00 a.m. until 10:00 p.m.
E.
Structure. This use shall be in a stand-alone building.
(Ord. No. 23-013, § 1, 2-28-23)
Section 3.2.77. - Cryptocurrency Mining.
Cryptocurrency Mining shall comply with the standards listed below:
A.
Distance from Residential Dwellings and/or Residential Zones. Cryptocurrency mining shall be a minimum of 750 feet from a residential dwelling, units, institutional dwelling units, and residentially zoned properties.
B.
Special Exception Use. Cryptocurrency mining shall only be permitted as Special Exception Use as approved by City Council.
C.
Renewable Energy. These facilities shall be required to develop or purchase sufficient new renewable energy (from the appropriate utility) to offset 100 percent of the electricity consumed by the cryptocurrency mining operation. To meet this condition, the cryptocurrency mining operation must be able to establish that their actions will introduce new renewable energy onto the electrical grid beyond what would have been developed otherwise.
D.
Sound Limit. A sound limit emitted from this operation as measured at the property line shall not exceed 60 decibels.
E.
Storage units. The use of cargo containers, semi-truck trailers, and other storage containers for any component of the operation shall be prohibited.
F.
Structures. Mining operations shall take place in a permanent structure with a valid Certificate of Operation.
(Ord. No. 23-007, § 4, 1-31-23)
Section 3.2.78 - Private Dog Park.
Private Dog Park shall comply with the standards listed below:
A.
A dog park shall be no less than ½ acre.
B.
A dog park shall not be located within 200 feet of a residence, a school playground or designated children's play area, or of an athletic field or court, or near a sensitive wildlife habitat area as determined by an environmental protection agency operating in the area.
C.
A dog park shall have a source of drinking water for humans and dogs.
D.
A dog park shall be located on well drained land to prevent soil erosion and shall sit at least 50 feet from surface waters that drain into any river or creek; the surface shall allow for drainage away from the site in a manner that mitigates waste management issues.
E.
A dog park shall provide some form of desirable shade but not too heavily shaded to limit grass growth or prevent the ground from drying.
(Ord. No. 23-024, § 2, 5-23-23)