The regulations set forth in this zoning ordinance within each district are the minimum regulations that apply uniformly to each class or kind of structure or land. The following regulations also shall apply to each type of use listed, whether such use is authorized as of right or by special use permit. When applied to special use permits these regulations shall be in addition to all additional criteria and procedures set forth in Section 16.12.140.

(Ord. dated 6/30/08 (part))

Accessory uses shall be permitted as follows:

A.

Accessory uses for commercial development shall include those normally appurtenant to such development, as provided for in other sections of this zoning ordinance.

B.

Any accessory use normally appurtenant to a permitted use shall be allowed provided such use shall conform with all performance standards set forth for that district as well as any conditions of zoning.

C.

Accessory structures and uses shall be located on the same lot as the principal structure to which they are accessory.

D.

Accessory structures and uses shall not be permitted in a required front or side yard.

E.

Accessory uses and structures used for non-residential purposes, such as garages, greenhouses or workshops, shall not be rented or occupied for gain.

F.

No accessory building shall be constructed upon a lot until construction of the principal structure has commenced.

G.

Where a corner lot adjoins in the rear a lot in a NR1 and NR2 district, no accessory structure shall be located closer to the side street right-of-way line than the principal structure or closer than twenty-five (25) feet from the rear property line.

H.

No garage or other accessory structure shall be located closer than three feet from a side or rear lot line.

I.

When an accessory structure is attached to the principal structure by breezeway, passageway or similar means, it shall comply with the yard requirements of the principal structure to which it is accessory.

J.

Residential sheds, workshops, greenhouses or other such accessory structures shall be located in a rear yard, are limited to one story and shall not exceed four hundred (400) square feet in size.

K.

In all zoning districts, no accessory use or structure shall be permitted in public rights-of-way except mailboxes, sidewalks, driveways, light posts, and decorative landscaping, subject to city approval.

L.

Accessory use swimming pools having a depth of two feet or more at any point:

1.

Shall be permitted only upon written approval of the city health department to indicate compliance with applicable health department swimming pool regulations;

2.

Shall be located a minimum of ten (10) feet from any property line; and

3.

Shall be completely enclosed with an adequate protective fence of not less than six feet in height with appropriate closure.

M.

Swimming pools, fitness or recreation centers and other recreational facilities shall be permitted as accessory uses or structures for hotels, motels and extended-stay hotels/motels.

N.

Accessory uses for NR1, NR2 and NR3 districts. Accessory uses, structures and yards are permitted as follows:

1.

Structures.

a.

Every structure shall be located on a lot as herein defined. In no case shall there be more than one main residential building and its accessory building on one lot. Zero-lot-line dwellings may be considered as one main residential structure.

b.

No accessory structure shall have a square footage of greater than twenty-five (25) percent of the total conditioned square footage of the primary structure, or eight hundred (800) feet, whichever is more.

c.

Accessory living quarters, whether attached or detached and including garage apartments shall be limited to one accessory structure on a lot, shall not be closer than ten (10) feet to any lot line and shall not be rented or occupied for gain unless the owner of the lot resides in the principal structure on the lot.

2.

Uses.

a.

Accessory uses may generally be considered include as private garages, stables, storehouses, greenhouses, children's playhouses, summerhouses, home workshops and swimming pools.

b.

Animals. Private stables will be permitted upon a lot with an area of fifteen thousand (15,000) square feet or more only in an NR1 district. Dogs, mules, cows, chickens and other domestic animals may be kept for noncommercial purposes.

O.

Donation boxes intended to be used for the unmanned collection of donated and secondhand goods and merchandise for the purpose of redistribution.

1.

Locations. Unmanned donation boxes shall only be placed on property within corridor mixed use or neighborhood mixed use zoning districts.

2.

Setbacks.

a.

Donation boxes shall be placed within the building setback requirements of the parcel on which they are located and shall not encroach into a front, side or rear setback areas.

b.

Donation boxes shall be located on a concrete pad or paved area constructed of sufficient strength for the donation box, equipment and vehicles that will utilize the boxes.

3.

Requirements and Maintenance. The box owner and/or operator shall cause to be operated and maintained unmanned donation boxes located in the city as follows:

a.

Donation boxes shall display the following contact information in two-inch letters visible from the front of each box: the name, address, email and phone number of the owner and operator, if the operator is different from the owner;

b.

It shall be the duty of the owner and/or operator of a donation box to maintain such box in good condition and appearance without structural damage, holes, visible rust, or graffiti;

c.

Donation boxes shall be locked or otherwise secured;

d.

Donation boxes shall be serviced and emptied as frequently as necessary to prevent overflow;

e.

No items shall be deposited on or outside a donation box, and all such items shall be considered property of the owner and/or operator of the box, who shall be responsible for enforcing this subsection; and

f.

Donation boxes shall be no larger than seven feet tall, seven feet wide and seven feet deep.

4.

The owner of the property on which the donation box is placed shall be ultimately responsible for maintenance of the site of such box and shall be held responsible for such box in the event the box owner or operator is unavailable or fails to undertake action necessary for proper compliance with this subparagraph.

(Ord. dated 6/30/08 (part); Ord. dated 10/18/10, § 1; Ord. dated 6/6/22, § 10; Ord. dated 11/7/22, §§ 1, 2)

Adult entertainment establishments shall be as defined by Title 5, Chapter 5.08 of the city of Covington Municipal Code. Adult entertainment establishments shall be governed and regulated as defined by said title and chapter.

(Ord. dated 6/30/08 (part))

A.

Outdoor recreation facilities consisting of amusement rides, games, water slides, amusement vehicles, golf driving ranges, miniature golf, batting cages, water slides or any similar commercial outdoor recreation shall be limited as follows:

1.

Minimum lot size: Five acres.

2.

Maximum lot size: Twenty (20) acres.

3.

All commercial outdoor recreation facilities and equipment must be enclosed within an eight-feet high fence with gates that are to be locked except when the facility is open to the public.

4.

Outdoor recreation activities are limited to the hours of ten a.m. to ten p.m.

5.

A site plan shall be prepared at a scale of one inch equal to fifty (50) feet to indicate access and egress, type, location and height of recreation facilities, buildings and other structures and lights, parking areas, landscaping, buffers and drainage. A site location plan at a scale of one inch equal to two hundred (200) feet shall illustrate surrounding property uses and the location of the nearest residence.

6.

The site shall have at least one approved entrance to a street classified as an arterial.

7.

All outdoor equipment, rides, vehicles and structures taller than thirty-five (35) feet shall be setback at least two hundred (200) feet from property lines, and shall meet all other district height requirements.

8.

Lighting must be designed to direct light downward and away from adjacent properties.

9.

An environmental-acoustical study shall be submitted to the planning and zoning director for review and approval. The study shall be prepared by an acoustical engineer indicating compliance with all Covington noise ordinances. It shall identify and analyze all sources of noise emanating from the site including outdoor speakers, sound effects or sound systems as well as rides, vehicles, and mechanical equipment. Noise levels shall not exceed sixty-five (65) decibels, dbA measured at property lines.

10.

A 100-foot buffer shall be maintained adjacent to all abutting NR1, NR2 and NR3 zoned property.

(Ord. dated 6/30/08 (part))

Animal hospitals, veterinary clinics, horse stables and riding and boarding shall be located at least five hundred (500) feet from any NR1, NR2 and NR3 zoned property.

(Ord. dated 6/30/08 (part))

A.

No such antenna structure, including any support upon which it may be constructed, shall exceed a combined height of fifty (50) feet.

B.

Amateur radio service antenna structures exceeding fifty (50) feet in height shall be permitted only by the board of zoning appeals subject to all of the requirements of the zoning ordinance.

C.

Amateur radio service antennae shall be located a distance of at least one-half the height of the tower from all property lines.

(Ord. dated 6/30/08 (part))

A.

Satellite antennae shall be located as follows:

1.

In any CR, TCR, NM, CM, TCM, M1 and M2 district, satellite antennae may be located anywhere in the buildable area of the lot or on a building thereon, subject to applicable zoning district setback regulations.

2.

In NR1, NR2 and NR3 districts, satellite antennae shall be located only to the rear of any principal structure. If usable communication signals cannot be obtained from the rear location, the satellite antenna may be located in the side yard. Both locations shall be subject to applicable zoning district setbacks or regulations.

3.

In the event that usable satellite communication signals cannot be received by locating the antennae in the rear or to the side of the principal structure, such antennae may be placed in the front yard or on the roof of the dwelling, provided that approval of the planning and zoning director shall be obtained prior to such installation. The planning and zoning director shall issue such a permit only upon a showing by the applicant that usable communication signals are not receivable from any location on the property other than the location selected by the applicant.

B.

Satellite antennae shall comply with the following regulations for height, screening and grounds:

1.

In any NR1, NR2 and NR3 district a satellite antenna shall not exceed thirty-six (36) inches in diameter.

2.

A ground-mounted satellite antenna shall not exceed twenty (20) feet in height including any platform or structure upon which said antenna is mounted or affixed. All non-ground-mounted satellite antennae shall not exceed thirty-five (35) feet in height.

3.

If usable satellite signals cannot be obtained from an antenna installed in compliance with the height limitation imposed by subsection (B)(2) above, such satellite antenna may be installed at a greater height, provided the greater height is approved by the planning and zoning director. Such approval shall be granted only upon a showing by the applicant that installation at a greater height is necessary for the reception of usable communication signals. Under no circumstances shall said antennae exceed fifty (50) feet in height.

4.

Except in CR, TCR, NM, CM, TCM, M1 and M2 districts, satellite antennae shall be located and designed to screen and reduce visual impact from surrounding properties at street level and from public streets.

5.

All satellite antennae shall meet all manufacturers' specifications, be located on noncombustible and corrosion-resistant material and be erected in a secure, wind-resistant manner.

6.

All satellite antennae shall be adequately grounded for protection against a direct strike of lightning.

(Ord. dated 6/30/08 (part))

Any structure used for appliance repair and maintenance shall be located and its activities conducted at least fifty (50) feet from any property zoned NR1, NR2 or NR3, measured along a straight line connecting the nearest points of the subject properties.

(Ord. dated 6/30/08 (part))

Any structure used for an automobile impound lot shall be located and its activities conducted at least fifty (50) feet from any property zoned NR1, NR2 or NR3, measured along a straight line connecting the nearest points of the subject properties.

(Ord. dated 6/30/08 (part))

A.

Outdoor storage of automobiles, parts and equipment shall be limited to a maximum of ten (10) percent of the parcel area and shall otherwise conform to the requirements of Section 16.20.500 of this code.

B.

No boundary line of a property used for automobile repair and maintenance with outdoor storage shall be closer than two hundred (200) feet to the nearest boundary line of any property zoned NR1, NR2 or NR3.

C.

All automobile repair and maintenance activity shall be conducted indoors.

D.

No junkyard or salvage yard shall be maintained or permitted to exist on property used for automobile repair and maintenance.

(Ord. dated 9/19/11, § 3; Ord. dated 6/30/08 (part))

Automobile wash services shall provide a paved area located on the same lot for the storage of vehicles awaiting service. Said space shall be adequate in size to accommodate the number of vehicles equal to one-third of the practical hourly capacity of the washing facilities. The preceding space requirements do not apply to automobile service stations which provide automobile wash services as an accessory use.

(Ord. dated 6/30/08 (part))

A.

Any on-site kitchen or catering facility shall comply with all applicable local and state regulations, including but not limited to the rules and regulations of the environmental health department.

B.

When adjacent to residentially zoned property, outdoor activities shall be limited to the hours of 10:00 a.m. to 10:00 p.m.

C.

If the facility is over five thousand (5,000) square feet in size and/or will include over fifty (50) seats:

1.

A special use permit will be required; and

2.

All facilities shall be located on a collector or arterial street.

(Ord. dated 4/1/24, § 12)

A.

The operator of the establishment shall reside on the site.

B.

The use shall have a lot area of not less than twenty thousand (20,000) square feet and a floor area within the dwelling unit of no less than two thousand five hundred (2,500) square feet.

C.

No guest shall reside in a bed and breakfast inn for a period in excess of fourteen (14) consecutive days.

D.

One parking space shall be provided for each guest bedroom, and one space shall be provided for the operator's or owner's unit in the building.

E.

Increased automobile traffic in the neighborhood caused by the use shall not negatively impact the residential character of the neighborhood.

F.

The proposed use shall not exceed customary residential noise levels.

G.

No restaurant use shall be permitted. Breakfast only may be served on the premises and only for guests and employees of the bed and breakfast inn.

H.

Rooms shall not be equipped with cooking facilities.

(Ord. dated 6/30/08 (part))

Boarding and breeding kennels shall locate all structures and elements used for housing animals, at least two hundred (200) feet from any property zoned NR1, NR2 or NR3.

(Ord. dated 6/30/08 (part))

A.

Brewery Production and Sales.

1.

License. A license for on-premises production and on-premises sale of malt beverages may be authorized by the mayor and city council to persons otherwise entitled to a brewery production and sales of malt beverages license, provided the following conditions are met:

a.

All brewing operations by a brewery shall be conducted within an enclosed building.

b.

All state regulations relating to the manufacture, sale, and distribution of beer, as revised from time to time, promulgated by the state department of revenue, are hereby incorporated into and made a part of this chapter as if fully set out in this section.

2.

Consumption On the Premises. Brewery shall be permitted to serve malt beverages produced at the brewer's licensed premises for consumption on the premises.

B.

Service for On-Premises Consumption.

1.

Poured alcoholic beverages will be transported from point of dispensing to the customer by the licensee's employees only.

2.

It is prohibited for any person to bring in his/her own alcoholic beverage onto the premises of any establishment except as otherwise allowed herein.

(Ord. dated 5/2/22, § 8; Ord. dtaed 11/4/24, § 1)

A.

All outside storage shall be completely screened from view from all streets and adjacent NR1, NR2 or NR3 zoned property.

B.

Security fencing, a minimum of six feet in height, shall be provided around the outside of all storage areas.

C.

All storage areas shall be maintained in a manner so as to limit dust from drifting onto adjoining properties.

(Ord. dated 6/30/08 (part))

A.

Private and public cemeteries shall comply with all provisions of state law. In addition:

1.

A plat of the cemetery shall be recorded in the office of the clerk of Superior Court of Newton County.

2.

Any new cemetery shall be located on a site containing not less than twenty (20) acres.

3.

The site proposed for a cemetery shall not interfere with the development of a system of collector or larger streets in the vicinity of such site. In addition, such site shall have direct access to a thoroughfare by an access way of not less than twenty (20) feet wide.

4.

Any new cemetery shall be enclosed by a fence or wall not less than six feet in height.

(Ord. dated 11-19-12(4), § 1; Ord. dated 6/30/08 (part))

Cigar lounges shall be subject to the following conditions.

A.

Setback Requirement. A cigar lounge club shall be setback a minimum of one thousand (1,000) feet from another cigar lounge, as measured from the nearest point on a lot line of the cigar lounge property to the nearest point on the lot line of any other cigar lounge property.

B.

Air Quality Control. Cigar lounges must have a filtration system exceeding ninety-eight (98) percent efficiency and meet all state requirements regarding indoor smoking. No smoke or odor produced within the cigar lounge shall be discernable at the property line of any adjacent lot.

C.

Fire Safety Compliance. The operations within a cigar lounge, including, but not limited to, the heating or vaporizing of any product, shall comply with all safety and operational requirements of the National Fire Code and the city fire marshal.

D.

Hours of Operation. Hours of operation are between the hours of 11:00 a.m. and 10:00 p.m. Monday through Saturday and between the hours of 12:00 p.m. and 8:00 p.m. on Sundays.

E.

Restrictions. Such establishments shall not sell or permit the use of:

1.

Full-service dining that meets the definition of a restaurant found in Section 5.12.030 of this code.

2.

Vape products, including electronic smoking devices, component parts or e-liquids.

3.

Cigarettes.

4.

Hookah products such as "hookahs," glass pipes or bongs.

5.

Cannabis-related or CBD products.

(Ord. dated 8/4/25 § 3)

Crematories shall comply with all provisions of state law. In addition:

A.

The crematory shall have no more than one cremation unit per location.

B.

The crematory will be owned and operated by a licensed funeral home. The crematory will be used solely by the funeral home for customers having services at the location of the licensed funeral home and operate as an off-site accessory type use to the funeral home and not as a customer-based independent business.

C.

The crematory shall not front on a major thoroughfare.

(Ord. dated 6/30/08 (part); Ord. dated 6/6/22, § 11)

Day nurseries, kindergartens; and nursing, convalescent, or rest homes not used primarily for the treatment of contagious diseases, alcoholism, drug addiction, or mental illness shall meet all applicable state requirements and shall receive all necessary board of health and state and local fire marshal approvals prior to issuance of a permit for construction and operation. Day nurseries and kindergartens shall have the following additional criteria;

A.

The lot on which such uses are established shall have access on a major or minor thoroughfare;

B.

There shall be not less than thirty (30) square feet of indoor play area for each child at maximum enrollment, and not less than one hundred (100) square feet per child of outdoor play area at maximum enrollment;

C.

The outdoor play area shall be enclosed by a fence not less than four feet in height; and

D.

A circular drive shall be provided for off-street loading and unloading of children.

(Ord. dated 6/30/08 (part))

Editor's note— Section 1 of an ordinance adopted Aug. 2, 2010, deleted and reserved § 16.20.180, which had pertained to college and universities, and derived from an Ord. dated 6/30/08.

A.

Composting materials shall be limited to tree stumps, branches, leaves, grass clippings or similar putrescent vegetative materials. They shall not include manure, animal products or inorganic materials such as bottles, cans, plastics, metals or similar materials.

B.

Along the entire road frontage (except for approved access crossings), provide a three-foot high landscaped earthen berm with a maximum slope of three to one and/or a minimum six-foot high, one hundred (100) percent opaque, solid wooden fence or masonry wall. The fence/wall or berm must be located outside of any public right-of-way and interior to any landscaped strip. The finished side of a fence/wall shall face the exterior property lines.

C.

Minimum acreage required—three acres.

(Ord. dated 6/30/08 (part))

A.

The use shall comply with all applicable state day care requirements for standards, licensing and inspections.

B.

The use must provide at least one hundred (100) square feet of outdoor recreation area per child.

C.

The outdoor play area must be enclosed with a six-foot high fence.

D.

The use shall provide paved driveways with drop-off areas and turnarounds to be reviewed by the department so that traffic associated with the use does not impede the flow of traffic on adjacent streets.

(Ord. dated 6/30/08 (part))

A.

The use shall comply with all applicable state day care requirements for standards, licensing and inspections.

B.

The use shall maintain a residential appearance compatible with the neighborhood and not be detrimental to adjacent properties as a result of traffic, noise, light, refuse, parking or other activities.

C.

No sign for use shall be maintained on the site.

(Ord. dated 6/30/08 (part))

A.

Dry cleaning plants shall meet the following requirements:

1.

Dry cleaning plants using systems which make use of solvents rated at above forty (40) according to the Underwriters' Laboratories, Inc. Standard of Classification known as Class I systems shall be prohibited.

2.

Dry cleaning plants which make use of solvents rated at more than five but less than forty (40) according to the Underwriters' Laboratories, Inc. Standard of Classification, known as Class II and III systems, shall not be established in buildings with other occupancy and shall only be established in buildings which shall be set back not less than twenty (20) feet from any side or rear property line and another building.

3.

The applicant for such a plant shall certify in writing at the time of application that all the above conditions shall be met.

4.

Such plant shall comply with all of the requirements of the city, county and state fire prevention codes.

5.

Such plant shall be designed to operate in a manner that will not emit smoke, odor, or objectionable waste materials and which will not produce noise that will carry beyond the walls of the building occupied by such plant.

(Ord. dated 6/30/08 (part))

A.

If abutting NR1, NR2, NR3, CR or TCR districts the following standards shall apply:

1.

No meals or overnight accommodation shall be provided.

2.

The outer appearance of the building shall be compatible in height, style, front yard, roof type, fenestration and floor area with buildings on the same block.

3.

Services shall only be provided on a temporary, "out-patient basis" during daylight hours, and consistent with subsection (A)(1) above.

4.

At least one thousand (1,000) feet shall separate a drug rehabilitation center from another drug rehabilitation center, transitional housing facility, rooming and boarding house, or personal care home.

5.

The operator must be licensed to provide treatment and rehabilitation services for persons with drug and alcohol dependency by the state of Georgia.

6.

If a rezoning or special use permit application is made for location or relocation of a halfway house, drug rehabilitation center or other facility for treatment of any dependency, public hearing requirements shall conform to O.C.G.A. Section 36-66-4(f).

(Ord. dated 6/30/08 (part))

A.

Within those zoning districts requiring a special use permit for single-family detached dwelling use, such use shall be limited to those single-family dwellings which existed on December 31, 2019 and were originally constructed and occupied as a single-family dwelling. Subsequent past conversion of the building to a use other than a single-family dwelling shall not preclude issuance of the special use permit for resumption of single-family dwelling use.

B.

The following standards apply to all single-family dwellings, including both new construction and renovations and rehabilitation of single-family dwellings, the cost which renovation or rehabilitation exceeds more than fifty (50) percent of its prior fair market value.

1.

Architectural Details.

a.

Single-family dwellings shall utilize at least two of the following design features to provide visual relief along the front facade of the structure. Incorporate at least two of the following detail elements into the front facade:

i.

Dormers.

ii.

Gables.

iii.

Recessed entries.

iv.

Covered front porches.

v.

Cupolas.

vi.

Pillars or posts.

vii.

Bay window (minimum twenty-four (24) inch projection).

b.

Tree landscape.

i.

Each single-family dwelling must provide a minimum of three trees with at least one tree located in the front yard, of a deciduous species native to Georgia. Director may give exceptions based on topography.

2.

Windows and Facade Articulations:

a.

Windows shall be provided with trim.

b.

Bay windows shall have a minimum twenty-four (24) inch projection.

c.

All windows must be of an energy efficient variety.

d.

If used, shutters shall be sized proportionately, and uniformly to the size of the window. Curved shutters must match the curve of the window. Shutters must be mounted directly to the casing with proper shutter hardware.

e.

Chimneys on outside walls that do not extend completely to the ground are prohibited.

f.

Front facades shall have a minimum of twenty-five (25) percent windows and doors to provide natural light. This requirement also applies to the facade facing any side street if the single-family dwelling is located on a comer lot.

g.

All front facing facades shall provide a covered entrance.

h.

Brick or masonry water table barrier required on all sides, not less than one foot in height.

3.

Architectural Variety.

a.

Not more than fifteen (15) percent of a given floor plan shall be used throughout any residential subdivision.

b.

No adjacent single-family dwelling may be of the same design and floor plan. Reverse configurations are not sufficient.

4.

Building Elevations.

a.

Front facades shall consist of either one hundred (100) percent painted fiber cement siding, stucco or masonry, including standard brick, modular brick, queen size brick, natural stone, or manufactured stone products or at least forty (40) percent masonry to include standard brick, modular brick, queen size brick, natural stone, or manufactured stone products, with the balance of a maximum sixty (60) percent can include accents of brick, stone, painted fiber cement siding, stucco, EIFS, wood, glass, or metal products. All mortar used for the masonry products shall be complimentary to the bricks and stones.

b.

Rear elevations shall consist of minimum forty-eight (48) inch masonry water table that matches the predominate masonry elements of the side elevation with the balance of the rear elevation being painted fiber cement siding. All mortar used for the masonry products shall be complimentary to the bricks and stones.

5.

Roof Design.

a.

Shall a 4:12 roof pitch be proposed, upgraded roofing material must balance out pitch change.

b.

The roof shingles shall be architectural style with a minimum thirty-year warranty.

6.

Garage Design.

a.

Front facing garages shall be setback from the front plane of the house by at least one foot.

b.

Lots abutting an opened alley, the garage or off-street parking area shall be accessed from the alley. The director may grant exceptions, based on topography.

c.

Decorative windows and detailing on garage doors shall be required.

(Ord. dated 3/2/20, § 2; Ord. dated 4/18/22, § 1; Ord. dated 9/3/24, §§ 2—5)

Editor's note— An Ordinance dated June 6, 2022, § 12, repealed § 16.20.240 which pertained to caretaker/employee dwellings and derived from an Ordinance dated June 30, 2008.

Editor's note— An Ordinance dated November 2, 2020, § 8, repealed § 16.20.250 which pertained to multifamily dwellings and derived from an Ordinance dated July 2, 2018.

Editor's note— An Ordinance dated November 2, 2020, § 9, repealed § 16.20.255 which pertained to townhouse dwellings and derived from an Ordinance dated April 2, 2018.

A.

General.

1.

All electric vehicle charging stations and EVSE infrastructure shall be installed per the requirements of the current edition of the National Electrical Code (NFPA 70) as adopted and amended by the State of Georgia, the construction and technical codes referenced in Title 15, buildings and construction, for enforcement by the city.

2.

Design should be appropriate to the location and use. Facilities should be able to be readily identified by electric cars users but blend into the surrounding landscape/architecture for compatibility with the character and use of the site.

3.

Electric vehicle charging stations are not permitted within the city right-of-way

4.

Any new or remodeled single-family dwellings, two-family dwellings and townhomes regulated by the International Residential Code that are installing/providing EVSE infrastructure to accommodate future electric vehicle supply equipment, must provide the following:

a.

The EVSE infrastructure shall be installed per the requirements of the most current edition of the National Electrical Code (NFPA 70) as adopted and amended by the state for enforcement by the city;

b.

All dwellings regulated by this ordinance and section shall provide sufficient electrical capacity for a 40-ampere 240-volt branch circuit for future installation of electric vehicle supply equipment;

c.

An area shall be provided within the attached or detached garage for placement of electrical vehicle supply equipment;

d.

Absent an attached or detached garage, an underground electrical conduit shall be provided between the dwelling and the designated parking space for the dwelling. The EVSE infrastructure shall include a raceway , which is continuous form the branch circuit/feeder panel location to the future PHEV/ EV parking space designated for the dwelling(s). The raceway shall be sized and installed per the National Electrical Code; however, in no case shall the EVSE infrastructure raceway be less than one inch in size. The EVSE infrastructure raceway shall include a pull rope or line installed for future conductor installation, with the raceway sealed and labeled for future use;

e.

This requirement does not apply to dwellings without a designated parking space located on the premises, nor does this requirement apply to parking spaces located in the public right-of-way.

f.

Prior to final electrical inspection approval, the space dedicated within the electrical equipment room for the future EVSE installation shall have the wall stenciled or marked legibly with the following text: "FUTURE ELECTRICAL VEHICLE CHARGING EQUIPMENT AND PANELS."

5.

Any canopy supporting an EV charging station must comply with height and setbacks for a freestanding accessory structure as well as comply with all state and local building and fire codes for a freestanding accessory structure.

6.

All electric vehicle charging stations—private restricted use and electric vehicle charging stations—public use shall be equipped with a rapid-entry key lock box of a type approved by the Covington Fire Department.

B.

Parking.

1.

Public electric vehicle charging stations may be counted toward satisfying minimum off-street parking space requirements in accordance with Section 16.44.010.

2.

Public electric vehicle charging stations shall be reserved for parking and charging electric vehicles. Electric vehicles may be parked in any space designated for public parking subject to the restrictions that apply to any other vehicle.

3.

In order to proactively plan for and accommodate the anticipated future growth in market demand for electric vehicles, it is strongly encouraged, but not required, that all new one-family and multiple-family homes with garages be constructed to provide a 220—240-volt/40-amp outlet on a dedicated circuit and in close proximity to designated vehicle parking to accommodate the potential future hardwire installation of a level 2 electric vehicle charging station.

C.

ADA-Compliant Requirements for EV Charging Parking Spaces.

1.

ADA Compliance for EV Charging Stations. When designing ADA-compliant EV charging stations, consider accessibility, ease of use, and safety for disabled drivers and vehicle occupants, including those using wheelchairs or other assistive equipment. ADA design requirements:

a.

Designated dual-port EVSE may be dual-usage for ADA accessible EV charging spaces and non-ADA accessible EV charging spaces with ADA compliant hardware. The use of the space for accessible parking takes precedence over the need to use this space for EV charging.

b.

Four percent of parking spaces, or one for every twenty-five (25) spaces, in any given lot, be designated as accessible; one out of every six spaces should be van accessible.

c.

Eight by eighteen (18) feet for a car and eleven (11) by eighteen (18) feet for a van.

d.

Between fifteen (15) and forty-eight (48) inches front and side to allow reach to all operable parts from a wheelchair.

e.

Operable with one hand and not requiring grasping, pinching, or twisting of the wrist or force more than five pounds. Exception: gas pumps.

f.

A ramp or curb-cut must be accessible to allow for operation of charging station.

g.

Ensure that bollards, wheel stops, or curb do not obstruct use of charging station.

h.

Accessible vehicle charging stations shall be provided based on the following table:

i.

The proposed placement and installation of EVSE infrastructure or equipment shall not allow for any violation of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101).

D.

Equipment.

1.

Vehicle charging equipment shall be designed and located so as to not impede pedestrian, bicycle or wheelchair movement or create safety hazards on sidewalks.

2.

Adequate battery charging station protection, such as concrete-filled steel bollards shall be used. Curbing may be used in lieu of bollards, if the battery charging station is setback a minimum of twenty-four (24) inches from the face of the curb.

3.

Battery charging station outlets and connector devices shall be mounted to comply with state code and must comply with all relevant Americans with Disabilities Act (ADA) requirements.

4.

Site lighting shall be provided where an electric vehicle charging station is installed, unless charging is for daytime purposes only.

E.

Posted Information.

1.

The following information shall be posted at all electric vehicle charging stations:

a.

Voltage and amperage levels.

b.

Hour of operations if time limits or tow-away provisions are to be enforced by the property owner.

c.

Usage fees.

d.

Safety Information.

e.

Contact information for reporting when the equipment is not operating or other problems.

2.

Public electric vehicle charging stations shall be posted with signage indicating that the space is reserved for electric vehicle charging purposes only. For purposed of this provision, "charging" means that an electric vehicle is parked at an electric vehicle charging station and is connected to the battery charging station equipment.

3.

Time limits may be placed on the number of hours that an electric vehicle is allowed to charge, prohibiting indefinite charging/parking. If applicable, warnings shall be posted to alert charging station users about twenty-one (21) hours of use and possible actions affecting electric vehicle charging stations that are not being used according to posted rules.

F.

Maintenance. Electric vehicle charging stations shall be maintained in all respects, including the functioning of the equipment. A phone number or other contact information shall be provided on the equipment for reporting when it is not functioning or other problems are encountered.

G.

Decommissioning. Unless otherwise directed by the city, within ninety (90) days of cessation of use of the electric vehicle charging station, the property owner of operator shall restore the site to its original condition. Should the property owner or operator fail to complete said removal within ninety (90) days, the city shall conduct the removal and disposal of improvements at the owner or operator's sole cost and expense.

(Ord. dated 6/5/23, § 2)

Editor's note— An Ord. dated June 6, 2022, § 12, repealed former § 16.20.260 which pertained to educational support services and derived from an Ord. dated June 30, 2008.

A.

Structures shall be placed not less than fifty (50) feet from any property line.

B.

Structures shall be enclosed by a chain link fence at least eight feet high.

C.

The lot shall be suitably landscaped, including a buffer strip at least ten (10) feet wide along the front, side and rear property lines; planted with evergreen trees and shrubs that grow at least eight feet tall and provide an effective visual screen.

(Ord. dated 6/30/08 (part))

A.

Structures shall be placed not less than fifty (50) feet from any property line.

B.

Structures shall be enclosed by a chain link fence at least eight feet high.

C.

The lot shall be suitably landscaped, including a buffer strip at least ten (10) feet wide along the front, side and rear property lines; planted with evergreen trees and shrubs that grow at least eight feet tall and provide an effective visual screen.

(Ord. dated 6/30/08 (part))

A.

Regulations.

1.

All extended-stay hotels shall be classified as one of the following chain segments: upper midscale; upscale; upper upscale; or luxury as classified by The STR Chain Scales Report. No extended-stay hotels shall be constructed or thereafter operated unless the extended-stay hotel is classified in one of the applicable segments, as stated above. For the purposes of this section, "The STR Chain Scales Report" means a report produced by Smith Travel Research, a leading lodging industry data and benchmarking firm, which is updated on an annual basis to reflect equivalent average daily rates (ADR) across lodging chains within a particular market or geography.

2.

Extended-stay motels/hotels are limited to no more than fifty (50) guestrooms per acre.

3.

Each guest unit must contain a minimum square footage per unit of three hundred (300) square feet.

4.

Extended-stay hotels/motels must be constructed on a tract of land containing at least two acres.

5.

Extended-stay hotels/motels must contain an enclosed, heated and air conditioned laundry space containing a minimum of three clothes washers and three clothes dryers for the use of guests.

6.

Extended-stay hotels/motels must provide a minimum of one thousand (1,000) square feet for recreational use by guests. In computing the one thousand (1,000) square feet requirement, swimming pools, fitness or recreation centers and other recreational facilities may be used in determining the square footage required by this subsection;

7.

Management must be on the property twenty-four (24) hours a day, seven days a week;

8.

Daily maid service must be included in the standard room rate; and

9.

Parking areas must have lighting with a minimum luminescence of one foot-candle at pavement level.

10.

No guest shall register, reside in, or occupy any room or rooms within the same licensed facility for more than forty-five (45) consecutive days.

B.

Location. Extended-stay motels/hotels shall be located only within M-1 (light industrial) and M-2 (heavy industrial) districts.

C.

Change of Location or Name.

1.

No applicant shall operate, conduct, manage, engage in, or carry on an extended-stay motel/hotel under any name other than his name and the name of the business as specified on the occupation tax certificate.

2.

Any application for an extension or expansion of a building or other place of business where an extended-stay motel/hotel is located shall require inspection and shall comply with the provisions and regulations of this section.

(Ord. dated 6/30/08 (part); Ord. dated 1/18/17(3), § 2; Ord. dated 11/12/19)

A.

All structures, buildings or enclosed areas used for the operation shall be a minimum of one hundred (100) feet from all property lines.

B.

Equipment-producing noise or sound in excess of seventy (70) decibels shall be located no closer than one hundred (100) feet to the nearest residential dwelling.

C.

All unpaved storage areas shall be maintained in a manner which prevents dust from adversely impacting adjacent properties.

(Ord. dated 6/30/08 (part))

A.

This regulation shall apply to tennis courts, neighborhood recreation centers, basketball courts, ice rink, hockey rink, soccer, field hockey and football fields, baseball and softball fields, gymnasiums, spas, group exercise and fitness centers, yoga, karate and similar facilities.

B.

If abutting NR1, NR2, NR3, CR or TCR districts, the following standards shall apply:

1.

Hours of operation shall be limited to the hours of six a.m. to eleven p.m.

2.

Outdoor recreation activities shall be limited to the hours of eight-thirty a.m. to ten p.m.

3.

No outdoor loudspeakers or sound amplification systems shall be permitted.

4.

No outdoor storage shall be permitted.

5.

No building, swimming pool, tennis court, ball field or other form of outdoor recreation shall be closer than fifty (50) feet from these abutting districts. Outdoor lights shall be no more than ten (10) feet in height nor closer than fifty (50) feet from a property line. Outdoor lighting fixtures shall be cut-off luminaries designed to cast light downward and away from adjacent property.

6.

Property lines abutting these districts shall provide a minimum fifty (50) feet buffer continuous except where penetrated from driveways or utility lines that shall be located perpendicular to property lines.

7.

Swimming pools shall meet applicable regulations contained elsewhere in this chapter.

8.

Any commercial recreation or entertainment facility that includes amusement rides, water slides, amusement vehicles, golf driving ranges, miniature golf, batting cages, fully enclosed buildings shall meet requirements of amusement arcades.

(Ord. dated 6/30/08 (part))

A.

Purpose. A for-rent single-family detached development is a platted, single-family detached subdivision with more than ten (10) percent of the dwellings therein occupied, or intended to be occupied, by tenants rather than owners. The use is to be located where public water supply and sewerage facilities are available or can be obtained and where there is convenient access to arterial streets, collector streets, or loop streets as classified by the city in Section 16.32.060. The use is intended to be developed as a transitional use between single-family detached dwellings not developed with more than ten (10) percent of the dwellings therein occupied, or intended to be occupied, by tenants rather than owners and non-residential uses.

B.

Permitted uses. Zoning districts allowing for-rent single-family detached developments are listed in Section 16.16.020.

C.

Applicability of Code. Application of this code shall apply to any and all for-rent single-family detached developments required to complete the preliminary plat process set forth at Chapter 14.08.

D.

Development Requirements.

1.

A maximum of thirty-two (32) percent of all residential lots (not inclusive of open space or amenity lots) in a for-rent single-family detached development may be rented at a given time.

2.

A mandatory homeowners association (HOA) is required for each for-rent single-family detached development. Restrictive covenants with a non-amendable restriction evidencing the requirement of subsection (D)(1) shall be submitted for review along with the subdivision plat at time of preliminary platting and filed of record in the real estate records of the county prior to approval of the final subdivision plat. The restrictive covenants must establish he responsibility of all aspects of maintenance for community property, subdivision features and amenities.

3.

Applicant shall provide a declaration to the planning and zoning director at time of preliminary platting with the following information:

a.

A Statement of intent to operate a for-rent single-family detached development;

b.

The number of units in the proposed for-rent single-family detached development that will be permanently managed by a property management company;

c.

Contact information of a local agent, who shall, prior to final subdivision plat approval, pay an occupational tax to the city in accordance with Chapter 5.04;

d.

Description of the property management process and responsibilities to be assumed by a local on-site property manager and the management company;

e.

Assurance that the for-rent single-family detached development shall consist of individually lots with their own water meter and sewer meter;

f.

A description of the procedure for tenant removal.

4.

The entity owning any lot(s) for rent within a for-rent single-family detached development shall maintain at all times accurate and up-to-date organizational information with the city, including all registrations with the Georgia secretary of state.

5.

Common areas in for-rent single-family detached developments are required and shall meet the following provisions:

a.

The minimum common area required is ten (10) percent and shall be computed from gross acreage of the project area and shall be designated on a recorded plat as permanent common area for the use of residents.

b.

Each common area must comprise a contiguous area of at least three thousand (3,000) feet.

c.

All dwelling units are located within one thousand (1,000) feet from a common area, as measured from property lines, the shortest distance via trail or public right of way to a common area.

d.

A minimum of fifty (50) percent of common area shall be used for passive parks, greenways, multi-use paths, squares or greens.

(Ord. dated 9/19/22, § 3)

A.

Such activities shall be conducted consistent with "Georgia's Best Management Practices for Forestry."

B.

Forestry and logging activities taking place on commercially zoned property shall preserve undisturbed buffers as required in Chapter 16.40.

C.

Forestry and logging activities taking place on property that is adjacent to occupied residential property shall preserve a fifty (50) feet undisturbed buffer from the property line of the adjacent occupied residential property.

(Ord. dated 6/30/08 (part))

One off-street parking space for each four hundred (400) square feet of floor area required.

(Ord. dated 4/1/24, § 13)

A.

The use shall not be established on any lot that is within one hundred (100) feet of any NR1, NR2 or NR3 district.

B.

All repair and maintenance activities shall be carried on entirely within an enclosed building.

C.

Outdoor storage is prohibited.

D.

Only minor automotive repair and maintenance is allowed and shall be confined within the principal structure, out of public view.

E.

All drives, parking, storage and service areas shall be paved and curbed.

F.

Outside aboveground tanks for the storage of gasoline, liquefied petroleum gas, oil, and other flammable liquids or gases shall be prohibited at any gasoline service station.

G.

Overnight accommodations, showers, and overnight customer parking is prohibited.

H.

The use shall not be combined with any other use(s) or facility so as to create a truck stop. See Chapter 16.08.

(Ord. dated 6/30/08 (part); Ord. dated 6/6/22, § 13)

A.

No more than fifteen (15) residents shall be permitted, not including attendants and employees of the operator.

B.

Operator must be licensed for treatment of drug and alcohol dependency.

C.

Parking must be provided in an enclosed garage or in the rear or side yard.

D.

The outer appearance of the building shall be compatible in height, style, front yard, roof type, fenestration and floor area with buildings on the same block.

E.

Services shall not be provided on an "out-patient basis" to persons who are not regular residents of the facility, as described in subsection A above.

F.

At least one thousand (1,000) feet shall separate the halfway house from another halfway house, transitional housing facility, rooming and boarding house, or personal care home.

G.

If a rezoning or special use permit application is made for location or relocation of a halfway house, drug rehabilitation center or other facility for treatment of any dependency, public hearing requirements shall conform to O.C.G.A. Section 36-66-4(f).

(Ord. dated 6/30/08 (part))

A homeless shelter shall comply with the standards listed below.

A.

No such facility shall be located within two thousand (2,000) linear feet, measured from the closest point on the lot, from of any personal care home, nursing care facility, nursing and residential care facility, halfway house, transitional housing facility, or other homeless shelter, whether publicly or privately owned and/or operated, unless such other facility is operated by the same operator as the homeless shelter.

B.

Shower and restroom facilities shall be provided to serve the number of overnight guests, consistent with the requirements of applicable state or local law.

C.

One bed per client, excluding staff and volunteers, shall be provided.

D.

Capacity shall not exceed fifty (50) residents.

E.

Where such use is allowed in any zoning district where no parking requirements for the use are specified, one parking space shall be required for each on duty staff member, whether paid or unpaid. In addition to staff parking, a space of sufficient size is required for each van, bus or other vehicle used by the facility and one additional parking space shall be provided for each two thousand (2,000) square feet of the facility.

F.

Each facility shall provide a bed or crib for each resident.

G.

The owner or operator of the facility shall maintain a minimum staffing ratio of one staff member for every twenty-five (25) residents when residents are present.

H.

No facility shall allow either cooking or smoking in any room used for sleeping.

I.

In any facility where indoor smoking is permitted, smoking shall be restricted to designated areas.

J.

The owner or operator of the facility shall ensure that all staff members are instructed as to the location of all exits and trained in the use of fire extinguishers.

K.

Each facility shall have an emergency evacuation plan approved by the city fire department posted in a public area of the facility.

L.

Each facility shall have emergency exits clearly marked.

M.

Each facility shall provide direct pedestrian ingress and egress that does not require unauthorized use of other private property.

N.

No existing structure lawfully devoted to a use which after the date of adoption of this ordinance would be classified as shelter and which is located in a district which permits such use as a result of the adoption of this ordinance shall be enlarged, extended (horizontal or vertical) or moved, without a special use permit issued pursuant to this section and meeting the requirements of subsections (B)—(M) above, but not (A) above. For the purposes of this subsection, the meaning of enlarge, extend or move shall include, but shall not be limited to, alterations or additions to any structure for the purpose of increasing the number of persons to whom any services, including the quantity of sleeping facilities, whether provided as bed spaces or as separate rooms, or increasing the amount of services that are provided except for the purpose of increasing handicapped accessibility.

(Ord. dated 5/2/22, § 3)

A.

It is the intent and purpose of this section to provide for certain types of restricted occupational uses within NR1, NR2, NR3, CR and TCR zoning districts. Such uses are restricted to those which:

1.

Are incidental to the use of the premises as a residence;

2.

Are compatible with residential uses; and

3.

Do not detract from the residential character of the neighborhood.

B.

In all NR1, NR2, NR3, CR and TCR zoning districts, any building used for residential occupancy may conduct a home occupation use provided that:

1.

The primary use of the unit is a dwelling;

2.

The following standards are complied with in full at all times:

a.

Such use shall be conducted entirely within the dwelling unit and only persons living in the dwelling unit shall be engaged and employed in such occupation, and the number of non-residents employed shall not exceed two;

b.

No mechanical or electrical equipment is to be utilized except that which is necessarily, customarily, or ordinarily used for household or leisure purposes;

c.

No equipment that interferes with radio and/or television reception shall be allowed;

d.

No toxic, explosive, flammable, combustible, corrosive, radioactive, or other restricted materials shall be used or stored on the premises;

e.

There shall be no outside operations, storage, or display of materials or products;

f.

There shall be no exterior evidence of the home occupation;

g.

No commodity shall be stocked or sold on the premises to the general public;

h.

No process shall be used which is hazardous to public health, safety, or welfare;

i.

Visitors, customers, or deliveries shall not exceed that normally and reasonably occurring for a residence;

j.

Only vehicles used primarily as passenger vehicles shall be permitted in connection with the conduct of the home occupation;

k.

The home occupation shall be restricted to twenty-five (25) percent of the dwelling. Said home occupation use shall be clearly secondary to the use of the dwelling for dwelling purposes; and

l.

There shall be no group instruction, assembly or activity exceeding six people.

(Ord. dated 6/30/08 (part); Ord. dated 6/6/22, § 14)

A.

The lot shall have access to a major thoroughfare.

B.

Side and rear setbacks shall be at least twenty-five (25) feet or the minimum required by the zoning district, whichever is greater.

C.

Front building setback shall be at least fifty (50) feet.

(Ord. dated 6/30/08 (part))

A.

All guest rooms shall be accessed internally to the building with no direct room access to the outside.

B.

Each hotel/motel must provide management on duty twenty-four (24) hours a day.

C.

Each guest room shall have a minimum of two hundred (200) square feet and shall be accessed with a magnetic keycard entry/locking device.

D.

For buildings three stories or less or containing no more than one hundred thirty (130) rooms, each hotel/motel building shall have a minimum roof pitch of two to one.

E.

Outside storage of commercial equipment is prohibited.

F.

No business license shall be issued for any business operating from any guest room of the facility.

G.

Provide a seventy-five (75) feet natural buffer, enhanced with an additional twenty-five (25) feet landscaped buffer (total one hundred (100) feet) adjacent to NR1, NR2, NR3, CR and TCR zoned property.

H.

Any outdoor recreational areas provided shall be located to the rear of the site.

(Ord. dated 6/30/08 (part); Ord. dated 1/18/17(2), § 1; Ord. dated 11-13-18(1), § 1; Ord. dated 6/6/22, § 15)

A.

Industrialized homes shall be used only for residential purposes. Nothing in this section is intended to prohibit industrialized buildings designed and used as nonresidential structures in mixed use or industrial districts.

B.

All industrialized homes shall comply with the following regulations:

1.

At the time an application for installation of any industrialized home is presented for review, the applicant must present evidence of the following:

a.

The serial number for the home as provided by the manufacturer;

b.

Proof of the identity of the manufacturer;

c.

Proof of inspection of the home at the date of manufacture, including Department of Community Affairs (DCA) insignias.

2.

No industrialized home shall be in a state of disrepair at the time of its installation at the intended location within the unincorporated areas of the city. Proof of an approved DCA insignia may be accepted as evidence of a new industrialized home's compliance with this subsection.

3.

It shall be the responsibility of the building inspector to inspect industrialized homes being placed or relocated within the city. The building inspector shall conduct such inspections necessary to ensure the following:

a.

External connections to gas, plumbing, electric and any other utility systems shall be constructed and installed in a manner that meets all city building codes.

b.

Each industrialized home site shall include an approved potable water source and an approved sewage disposal system meeting the requirements of the state division of environmental protection and all city and county requirements.

c.

Steps and landings of the requisite size and composition under the Standard Building Code of the Southern Building Code Congress International (SBCCI), shall, at a minimum, be required of all industrialized homes, with such provisions being expressly incorporated by reference herein as part of this requirement.

4.

All industrialized home sites shall conform to all regulations for the zoning district in which the home is located.

5.

No industrialized home may be attached to another industrialized home by means of a breezeway, corridor or hallway. Industrialized homes designed to be part of a multi-unit residential structure are prohibited.

6.

Industrialized homes shall not be used as accessory structures.

7.

No industrialized home shall be located within the boundary of any designated historic district unless and until a certificate of appropriateness has been obtained from the historic preservation commission pursuant to the applicable provisions and criteria of Chapter 16.52.

(Ord. dated 6/30/08 (part))

A.

The keeping and raising of all hoofed farm animals and use of private stables shall be limited to property having a minimum lot area of three acres which is not part of a platted subdivision. All buildings appurtenant to the keeping and raising of hoofed farm animals shall be located a minimum of one hundred (100) feet from any property line.

B.

The accessory use of keeping and raising of fowl for personal use shall be limited to the following:

1.

No fowl shall be kept on a lot of less than one thousand (1,000) square feet.

2.

The number of fowl shall be limited to one per one thousand (1,000) square feet of lot size with a maximum of twelve (12) fowl.

3.

All fowl shall be penned or corralled and shall not run at large off of the owner's property.

4.

All buildings appurtenant to the keeping and raising of fowl shall be kept fifteen (15) feet from all property lines.

5.

All coops, pens or other structures housing fowl shall be free of vermin.

6.

The following shall be prohibited: male fowl (roosters, toms, drakes, etc.), guineas and geese.

C.

The keeping and raising of hoofed farm animals and fowl shall be subject to all regulations promulgated by the Newton County Health Department.

(Ord. dated 3/7/11, § 2; Ord. dated 6/30/08 (part))

A.

The lot size shall be a minimum of two acres.

B.

All structures housing animals shall be located at least one hundred (100) feet from property lines or street right-of-way.

C.

All areas maintaining animals outside shall be located no closer than two hundred (200) feet from property lines or street right-of-way.

(Ord. dated 6/30/08 (part))

A.

Standards.

1.

Minimum acreage of site: twenty-five (25) acres.

2.

No facility shall be permitted within five hundred (500) feet of a residential dwelling, private well, or school.

3.

A minimum one hundred (100) foot-wide buffer, meeting the requirements of this chapter, shall be maintained on all property lines including property lines abutting a public street.

4.

All facilities shall be enclosed with a security fence at least six feet in height with openings therein not more than those in two-inch mesh wire or some other similar fencing materials and placed inside the buffer. A minimum six-foot-high solid fence or wall is required inside buffers adjacent to any zoning district other than M1 or M2. A sight line study shall be submitted to city staff for approval.

5.

Access to inert waste landfills shall be limited to authorized entrances that shall be closed when the site is not in operation. Access shall not be derived through any residential subdivision or development. Routes and entrances shall be approved by the public works director to ensure that access is derived from paved streets and that such streets will withstand maximum load limits established by the city.

6.

Materials placed in inert waste landfills shall be spread in layers and compacted to the least practical volume.

7.

A uniform compacted layer of clean earth no less than one foot in depth shall be placed overall exposed inert waste material at least monthly.

8.

The inert waste landfill site shall be graded and drained to minimize runoff onto the landfill surface, to prevent erosion and to drain water from the surface of the landfill.

9.

The property owner shall obtain a land disturbing permit for any inert waste landfill.

10.

No hazardous wastes, industrial wastes, demolition wastes, biomedical wastes, asbestos, or liquid waste shall be allowed in an inert waste landfill.

11.

This section shall not prohibit the burial of dry waste building materials on the same property of a structure currently under construction. However, hazardous materials may not be included in this disposal.

12.

Suitable means, such as stockpiled soil, shall be provided to prevent and control fires.

13.

A uniform compacted layer of final cover not less than two feet in depth and a vegetative cover shall be placed over the final lift not less than one month following final placement of inert waste within the lift.

14.

Notice of final closure must be provided to the inspections department within thirty (30) days of receiving the final load of waste. Any site not receiving waste in excess of one hundred eighty (180) days shall be deemed abandoned and in violation of this section unless properly closed. Notice of closure must include the date of final waste receipt and an accurate legal description of the boundaries of the landfill.

(Ord. dated 6/30/08 (part))

A.

Standards.

1.

Minimum acreage of site: one hundred (100) acres.

2.

No facility shall be permitted within five hundred (500) feet of a residential dwelling, private well, or school.

3.

A minimum two hundred (200) foot-wide buffer, meeting the requirements of this chapter, shall be maintained against all property lines including property lines abutting a public street.

4.

All facilities shall be enclosed with a security fence at least six feet high with openings therein not more than those in two-inch mesh wire or some other similar fencing materials and placed inside the buffer. A minimum six-foot-high solid fence or wall is required inside the buffers adjacent to any zoning district other than M1 or M2.

5.

Limited Access. A gate or other barrier shall be maintained at potential vehicular access points to block unauthorized access to the site when an attendant is not on duty. Access shall not be derived through any residential subdivision or development. Routes and entrances shall be approved by the public works director to ensure that access is derived from paved streets and that such streets will withstand maximum load limits established by the city.

6.

The property owner shall obtain a land disturbing permit for any sanitary landfill.

7.

Groundwater Protection. The site must be designed with adequate soil buffers or artificial lines and leachate collection and treatment systems to preclude, to the maximum extent possible, the contamination of drinking water supplies.

8.

Erosion and Sedimentation Control. All surface runoff from disturbed areas must be controlled by the use of appropriate erosion and sedimentation control measures or devices. Sediment basins must be designed to handle both the hydraulic loading for the twenty-five (25) year, twenty-four (24) hour storm and the sediment loading from the drainage basin for the life of the site.

9.

Revegetation. The plan must call for the revegetation of any disturbed area that will remain exposed for more than three months. Revegetation of final cover must take place within two weeks after final cover placement.

10.

Sequence of Filling. The plan must define a sequence of filling the entire site that minimizes any problems with drainage or provides for all-weather access roads to the working area.

11.

Daily Cover. The composition of daily cover shall meet the following standards:

a.

Must be capable of preventing disease vectors, odors, blowing litter, and other nuisances;

b.

Must be capable of covering solid waste after it is placed without change in its properties and without regard to weather;

c.

Must be capable of allowing loaded vehicles to successfully maneuver over it after placement;

d.

Must be noncombustible;

e.

Forty (40) percent by weight of the fragments in the daily cover shall pass through a two millimeter, No. 10 sieve;

f.

Must not include rock fragments that are greater than six inches in diameter.

12.

Intermediate or Monthly Cover. The composition of intermediate or monthly cover shall meet the same criteria for daily cover and be capable of supporting the germination and propagation of vegetative cover.

13.

Final Cover. The composition of final cover shall meet the same criteria as for monthly cover and must compact well and preclude the excessive infiltration of surface water.

14.

Final Grading. The grade of final slopes shall be designed, installed and maintained to:

a.

Ensure permanent slope stability;

b.

Control erosion due to rapid water velocity and other factors;

c.

Allow compaction, seeding and revegetation of cover material placed on slopes;

d.

Ensure minimal percolation of precipitation into and surface runoff onto the disposal area;

e.

The grade of the final surface of the facility may not be less than three percent nor greater than thirty-three percent (33%).

15.

Fire protection, groundwater monitoring, methane gas control, liners and leachate collection, closure, post-closure care and financial responsibility shall be in conformance with Chapter 391-3-4, Solid Waste Management Rules of the Environmental Protection Division of the State Department of Natural Resources.

B.

Any operator of any sanitary landfill shall comply with the performance requirements of Chapter 391-3-4, Solid Waste Management Rules of the Environmental Protection Division of the State Department of Natural Resources.

C.

No regulated quantities of hazardous waste may be accepted. The operation must have a plan for excluding regulated quantities of hazardous waste.

D.

No person in responsible charge of a sanitary landfill which has a leachate collection system shall perform the duties of a sanitary landfill operator without being duly certified by the state.

E.

No sanitary landfill which has a leachate collection system shall be operated in the state unless the person in responsible charge is duly certified by the state.

(Ord. dated 6/30/08 (part))

A.

Outside storage is permitted only in the rear yards and located at least twenty-five (25) feet from any property zoned or used for residential. Such storage shall be screened from neighboring residential properties and streets with an opaque fence or a vegetative screen.

B.

Parking of vehicles such as tractors, mowers, vehicles with trailers, shall not be parked in the front yard. Employee parking may not be within the front yard if adjacent or across the street from residential property, zoned or used.

C.

No storage or parking may occur within the transitional buffers or landscaping areas.

(Ord. dated 4/1/24, § 14)

Editor's note— An Ordinance dated June 6, 2022, § 12, repealed former § 16.20.430 which pertained to libraries and archives and derived from an Ordinance dated June 30, 2008.

Editor's note— An Ordinance dated September 21, 2020, § 1, repealed § 16.20.440 which pertained to livestock quarters and enclosures and derived from an Ordinance dated June 30, 2008.

Manufacturing plants shall maintain noise level factors that meet minimum state of the industry standards for:

A.

Building Equipment. Sound pressure or sound power level data for refrigeration machines, boilers, fans, cooling towers, condensers, roof-top units, pumps, motors, diesel and gas reciprocating engines, gas turbine engines, steam turbines, gears, transformers and similar equipment; sample calculations of sound levels in mechanical equipment room; sample noise specification for equipment.

B.

Industrial Equipment. Sound level data for representative transportation, construction, manufacturing and power plant equipment.

(Ord. dated 6/30/08 (part))

(Ord. dated 5/4/15(1), § 1)

Editor's note— Ord. dated May 4, 2015(1), § 1, changed the title of § 16.20.450 from "Manufacturing plants—machinery manufacturing" to "Manufacturing plants." This historical notation has been preserved for reference purposes.

A.

Current liability insurance coverage for bodily injury, property damage, and professional liability for the massage therapy business;

B.

Compliance with state and local fire and safety requirements;

C.

Provision for extermination of vermin, insects, termites, and rodents in any property or location used by the massage therapy business;

D.

Maintenance of equipment in a safe and sanitary condition;

E.

Adequate toilet and lavatory facilities with running water, toilet tissue, soap dispenser with soap or other hand-cleansing materials, sanitary towels or other hand drying devices, waste receptacles, and adequate lighting and ventilation sufficient to remove objectionable odors on the premises of the business or entity or within reasonable proximity to such business or entity when it is located in a space or facilities also used by other businesses;

F.

Adequate and sanitary shower facilities if the massage therapy business maintains a whirlpool bath, sauna, hot tub, spa, steam cabinet, or steam room, including soap and sanitary cloth towels and adequate lighting and ventilation;

G.

Prequalification processes, state licensure checks, interviews, or other procedures prior to approval of application for a business license for a person or entity proposing to offer massage therapy services or for a massage therapy business;

H.

All masseuse/massage therapists must be state certified; and

I.

Proof of certification must be provided when initially and annually paying occupational tax.

(Ord. dated 4/1/24, § 15)

A.

Standards.

1.

All improved and maintained entrances shall be fenced and locked during nonbusiness hours. The property shall be adequately posted and such notice filed with the proper city authority.

2.

Operators shall comply with state department of natural resources, surface mining land reclamation program rules and regulations, and the mining permit number filed with the director of public works.

3.

A blasting limit of two inches per second peak particle velocity as measured from any of three mutually perpendicular directions in the ground adjacent to off-site buildings shall not be exceeded.

4.

An air blast limit of ninety (90) decibels (linear-peak) measured at the property line of adjacent NR1, NR2, NR3, CR, TCR, NM, CM or TCM district properties shall not be exceeded.

5.

Seismographic and noise instrumentation shall be required for a minimum of one blast per three-month period. The records of such instrumentation and records of all blasts (including total charge weight, charge weight per delay, charge depth, date and time, location and meteorological conditions) shall be retained by the operator for a period of not less than two years. Copies of all blast records shall be forwarded to the director of public works within five days following each blast. All non-instrumental blasts shall be in compliance with the recommended scaled distance, as defined by the United States Department of Interior, Bureau of Mines Bulletin 656 entitled, "Blasting Vibrations and Their Effects on Structures."

6.

Millisecond-delay blasting shall be used to decrease the vibration level from blasting.

7.

Blasting shall coincide with the period between eight a.m. and five-thirty p.m. except when on-site hazards to safety dictate otherwise.

8.

The blasting and extraction shall not be established within five hundred (500) feet of any property line.

9.

These uses shall only be established on a site of not less than two hundred (200) acres.

(Ord. dated 6/30/08 (part))

A.

A seventy-five (75) foot-wide buffer shall be required when abutting NR1, NR2 or NR3 property.

B.

Buildings shall have a pitched roof with pitch of at least one is to three.

C.

No sale of merchandise or flea markets shall be conducted on the property.

D.

Access shall be only to streets classified as arterials by the city of Covington.

E.

No outdoor storage is permitted.

F.

No outdoor speakers or amplification shall be permitted.

G.

Outdoor lighting shall be directed downward and away from adjacent property.

(Ord. dated 6/30/08 (part))

Editor's note— An Ordinance dated June 6, 2022, § 12, repealed § 16.20.475 which pertained to mixed-use buildings and derived from an Ordinance dated July 6, 2020, § 6.

The following regulations shall apply to motor vehicle sales:

A.

All vehicles shall be parked on paved surfaces or pervious paving materials approved by the city engineer.

B.

No vehicle shall be parked or displayed within the boundary of a public road or street right-of-way, within any side or rear building setback area as established in Section 16.16.030, or closer than one hundred (100) feet from the nearest residence.

C.

Vehicle maintenance, repair, painting and body work must take place within a building. All vehicles awaiting maintenance, repair, painting and/or body work shall be stored within an opaque fence or wall, and not visible from the nearest public road or street right-of-way or neighboring property.

(Ord. dated 11/21/11, § 1; Ord. dated 6/30/08 (part))

A.

Intent. The intent of this supplemental regulation is to protect residential property values and to ensure that the community's children will not be visually attracted to or have easy access to potentially dangerous accumulations of materials stored out of doors by businesses regulated under this article.

B.

Site Development Standards. No person shall engage in or operate an open yard storage business in the unincorporated areas of the city unless that business is in compliance with the following:

1.

Each business shall establish and maintain a transitional buffer around the property upon which the storage area is located, measured from the right-of-way of the nearest public road to the fence, or the property line of any other real property adjoining the property upon which the business is located, whichever is closest. Said transitional buffer shall be at least:

a.

Thirty (30) feet in depth for all storage areas under three acres in size.

b.

Fifty (50) feet in depth for all storage areas from three acres to ten (10) acres in size; or for any portion of the open yard storage business adjacent to a stream or lake.

c.

One hundred (100) feet in depth for all storage areas over ten (10) acres in size.

C.

No storage or vehicle parking shall be allowed in any transitional buffer, provided entrance roadways shall be allowed in any transitional buffer.

D.

Each such business shall establish and maintain a fence on the inner boundary line of the transitional buffer for that business.

E.

Any fence required in this article shall be a substantial and solid wooden, rock, brick or masonry fence or wall of at least six feet in height approved by the planning and zoning director. Said fence shall have openings only for gates at entrance roadways. Each such gate shall be designed and constructed of materials compatible with the fence to which it is attached and shall be capable of being securely locked. All gates shall be approved by the planning and zoning director for those purposes.

F.

The transitional buffer shall be undisturbed except for entrance roadways, which roadways shall run generally perpendicular to the buffer zone boundaries. No road shall be built in the transitional buffer to provide access to the perimeter of the property.

(Ord. dated 6/30/08 (part))

Outdoor display shall comply with the following criteria:

A.

Shall be located within a designated area as shown on a site plan provided by the business owner or manager responsible for the day-to-day operations;

B.

Shall not encroach into a public right-of-way, public or private street, easement, pedestrian walkway, or designated fire lane;

C.

Shall by limited to sites that are not adjacent to NR1, NR2 or NR3 zoned property;

D.

Shall not occupy more than fifty (50) percent of the business' linear building frontage nor exceed fifteen (15) feet in depth from the principal building facade;

E.

Shall not block, or prevent access to, fire hydrants, FDC connections, or other identified life safety devices;

F.

To ensure an aesthetically appealing and safe environment, outdoor display areas shall be kept in an orderly manner and be free from litter and debris; and

G.

Subsection 16.20.495(D) shall not apply to boat dealers, motor vehicles sales, recreational vehicle dealers, or passenger car rental.

(Ord. dated 4/2/18(2), § 3)

Outdoor storage shall comply with the following:

A.

Shall be prohibited from front yards;

B.

Storage area(s) shall not be adjacent to properties used residentially or zoned NR1, NR2 or NR3;

C.

Shall not block, or prevent access to, fire hydrants, FDC connections, or other identified life safety devices; and

D.

Shall be screened from view from public streets and adjacent property by a permanent opaque enclosure consisting of a minimum eight feet high solid fence or wall. Items being stored shall not extend above the required enclosure.

(Ord. dated 6/30/08 (part); Ord. dated 3/5/18(1), § 3)

Parks and playgrounds shall have the following additional criteria:

A.

When located within any NR1 or NR2 zoning district, all buildings and structures shall be located not less than fifty (50) feet from any property line.

B.

Outdoor activity shall be limited to the hours of eight a.m. to eleven p.m.

(Ord. dated 6/30/08 (part); Ord. dated 3/5/18(1), § 3; Ord. dated 6/6/22, § 16)

A.

At least two thousand (2,000) feet shall separate a pawn shop from another pawn shop.

B.

If the pawn shop involves title pawn then associated vehicles shall be stored at another location which allows for the long-term storage of such vehicles.

(Ord. dated 6/30/08 (part))

A.

The home shall maintain a residential appearance compatible with the surrounding neighborhood.

B.

The home shall meet all requirements of, and be licensed, permitted, or registered with, the Department of Human Resources, Office of Regulatory Services.

C.

No personal care home shall be occupied prior to issuance of a business license. A certificate of occupancy certifying compliance with all building, electrical, fire safety and other local and state codes applicable to such uses shall be required prior to issuance of a business license.

D.

To prevent a negative institutional atmosphere created by the concentration or clustering of community residences of this type, personal care homes shall have the following distance requirements:

1.

Personal care homes, family; when located in NR1, NR2 and NR3 districts. Personal care homes shall be located a minimum distance of one thousand five hundred (1,500) linear feet apart measured from the closest point of the lot.

2.

Personal care home, group; when located in CR, TCR, NM, CM and TCM districts. No more than one personal care home shall be located on each block, including opposing sides of the same block.

3.

Personal Care Home, Congregate. This subsection shall not apply to congregate personal care homes.

(Ord. dated 6/30/08 (part))

A.

All vehicles shall be parked in marked spaces that are separate and over and above in number the required parking spaces for rental business establishments.

B.

All vehicles shall be parked on paved surfaces or approved pervious paving materials.

C.

All outdoor vehicle display areas shall be at least fifty (50) feet from the right-of-way line and no closer than one hundred (100) feet from the nearest residence.

D.

Vehicle storage, cleaning and maintenance must take place within a building or outside storage area that is screened from public view.

E.

Vehicle repair, painting and body work may not be conducted on the premises.

(Ord. dated 6/30/08 (part))

Religious institutions and other places of worship that are ten (10) acres or greater in size shall meet the following additional criteria:

A.

Said uses shall be located on a four lane or wider street with at least one hundred (100) feet of public street frontage;

B.

The buildings shall not be set back less than seventy-five (75) feet from any property line, except where the adjoining property is zoned NM, CM, TCM, M1 or M2, in which case the setback shall be established within the applicable zoning district;

C.

No parking area shall be established within twenty (20) feet of a residence; and

D.

There shall be a planted buffer strip of at least ten (10) feet in width along the side and rear property lines.

(Ord. dated 6/30/08 (part))

A.

Quarry areas being excavated shall be entirely enclosed within a fence located at least ten (10) feet from the edge of any excavation and of such construction and height as to be demonstrably able to exclude children and animals from the quarry area.

B.

The operators and owners of the quarry shall present to the planning commission as part of their special use permit application an acceptable comprehensive plan for the reuse of the property at the cessation of operations.

C.

In the case of an existing quarry, an extension of quarry operations beyond the areas being quarried or approved for quarrying at the effective date of the zoning ordinance shall be permitted and shall not be considered a new operation, provided that the extension does not extend to within one thousand (1,000) feet of a NR1, NR2, NR3, CR, TCCR, NM, CM or TCM zoning district boundary line, measured along a straight line connecting the nearest points of the subject district boundaries.

(Ord. dated 6/30/08 (part))

A.

Activities shall be limited to collection, sorting, compacting and shipping. Dismantling, grinding and/or shredding are prohibited.

B.

The facility shall not be located adjacent to or across the street from any property used or zoned for residential use.

C.

Lighting for such facilities shall be placed so as to direct away from any adjacent properties.

D.

Materials collected shall not be visible and shall be deposited in a bin or bunker. All sorting and collection bins shall either be enclosed and have chutes available to the public or be located inside a fully-enclosed building.

E.

No outdoor storage of non-containerized materials shall be allowed.

(Ord. dated 8/6/12, § 4)

A.

The minimum lot size for such use is five contiguous acres.

B.

The facility shall not be located adjacent to or across the street from any property used or zoned for residential use.

C.

Lighting for such facilities shall be placed so as to direct away from adjacent properties.

D.

The hours of operation shall not exceed eight o'clock a.m. to six o'clock p.m. Monday through Saturday.

E.

A fifty-foot-wide undisturbed buffer against all adjoining property(s). Said buffer shall provide for a year-round, one-hundred-percent opaque screening and in cases where the existing vegetation is sparse additional supplemental plantings shall be planted prior to the issuance of a certificate of occupancy and/or an occupational tax. Supplemental plantings, if required, shall be at least eight feet in height at the time of planting and a minimum of two inches in diameter at the breast height.

F.

Along the entire road frontage (except for approved access crossings), provide a minimum eight-feet-high, one-hundred-percent opaque, masonry wall. The wall shall be located outside of any public right-of-way and interior to any landscape strip. The finished side of the wall shall face the public roadway. Approved finished materials are brick, stone, concrete masonry unit or other similar materials except cinder block.

(Ord. dated 8/6/12, § 5)

A.

Only accessory services and parking related exclusively to the recreational operations shall be allowed.

B.

Total floor area of all buildings shall be a minimum of two thousand (2,000) square feet. The building(s) shall be located at least one hundred (100) feet from all NR1, NR2 or NR3 zoned property.

C.

The site shall be at least twenty (20) acres in size.

D.

All outdoor activities shall take place at least one hundred (100) feet from any property line adjacent to a NR1, NR2 or NR3 district.

E.

Outdoor activity areas shall be sufficiently screened and insulated so as to protect adjacent property from noise and other disturbances.

F.

No outdoor storage shall be allowed.

G.

No outdoor public address system shall be allowed.

H.

Outdoor recreation activity adjacent to NR1, NR2 or NR3 zoned property shall cease before eight p.m.

(Ord. dated 8/6/12, § 5; Ord. dated 6/30/08 (part))

Editor's note— Ord. dated Aug. 6, 2012, § 5, renumbered §§ 16.20.590—16.20.740 as 16.20.610—16.20.760.

A.

All recreational goods shall be parked or located on paved surfaces or pervious paving materials approved by the city engineer. They are not to be left offsite in private parking lots or public parking spaces for pick-up/drop-off.

B.

No recreational good shall be parked or displayed within the boundary of a public road or street right-of-way or within any side or rear building setback area as established in Section 16.16.030.

C.

Recreational goods maintenance, repair, painting and body work must take place within a building.

D.

Owners/operators of recreational goods requiring licensure by the state of Georgia, including but not limited to golf carts, mopeds and motorcycles, must follow these additional regulations:

1.

All operations must adhere to the regulations of Chapter 10.18;

2.

Vehicular recreational goods operating on public streets must have an identification decal affixed to the front windshield and rear fender area notifying that they are a rental;

3.

Provide proof of liability insurance on all recreational goods in conjunction with payment occupational tax;

4.

Renters shall be provided with copies of state and local regulations for operation of a vehicular recreational good. This form may be combined with a waiver or release form commonly administered by a rental agency; and

5.

Provide a map or web-based platform showing legal streets for the rented vehicular recreational good to operate upon.

(Ord. dated 11/1/21, § 2)

A.

No more than six occupants, not including owner and owner's family if residing on the premises.

B.

The outer appearance of the building shall be compatible in height, style, front yard, roof type, fenestration and floor area with buildings on the same block.

C.

If meals are served on the premises, meals may only be served to residents and owner's family members if present.

D.

At least one thousand (1,000) feet shall separate a rooming and boarding house from another rooming and boarding house, transitional housing facility or personal care home.

(Ord. dated 8/6/12, § 5; Ord. dated 6/30/08 (part); Ord. dated 6/6/22, § 17)

Editor's note— See § 16.20.610 editor's note.

A.

Private School in a NR1 or NR2 Zoning District. When located in a NR1 or NR2 zoning district, the following additional standards shall apply:

1.

A fifty (50) foot buffer adjacent to the NR1 or NR2 zoning district is required.

2.

Driveways and parking areas must set back twenty-five (25) feet from side property lines.

3.

The scale, intensity, and operation of the use shall not generate unreasonable noise, traffic congestion, or other potential nuisances or hazards to contiguous NR1 or NR2 properties.

4.

Accessory Uses and Facilities. In addition to the accessory uses and facilities that are permitted in Chapter 16.16 for the zoning district in which the private school is located, additional accessory uses and facilities are permitted that are customarily associated with schools and intended primarily for the use of students, such as an auditorium, library, administrative offices, cafeteria and related kitchen and dining area, or outdoor recreational facilities occupying less than ten thousand (10,000) square feet. No signage shall be allowed for accessory uses.

B.

The following additional uses may be permitted as accessory to the private school only upon approval of a special use permit in accordance with Section 16.12.220, and provided that they meet all regulations specific to the proposed use or facility contained in Chapter 16.24, and that they meet each of the additional standards provided in subsection D of this section:

1.

Outdoor recreation facilities ten thousand (10,000) square feet or larger.

2.

Indoor recreation facilities such as gymnasiums, health, and fitness facilities.

3.

Recreation center and club.

4.

Health and social services; including counseling, outpatient clinics, and the like.

5.

One dwelling for an employee of the private school.

C.

Standards for approval of special use permits for additional uses listed in subsection C of this section:

1.

Outdoor activity shall be limited to the hours of ten a.m. to ten p.m., unless otherwise granted by the planning and zoning director.

2.

The scale, intensity, and operation of the accessory use or facility shall not generate unreasonable noise, traffic congestion, or other potential nuisances or hazards to contiguous NR1, NR2 or NR3 properties.

3.

No signage shall be allowed for any accessory or special use.

D.

Retail and commercial sales uses shall be prohibited in a NR1, NR2 or NR3 zoning district.

(Ord. dated 6/30/08 (part))

(Ord. dated 8/6/12, § 5; Ord. dated 7/7/14)

Editor's note— See § 16.20.610 editor's note.

It is the purpose of this section to protect the public health, safety and general welfare of individuals and the community at large; to monitor and provide reasonable means for citizens to mitigate impacts created by occupancy of establishments primarily engaged in providing short-term lodging other than hotels, motels and bed-and -breakfast inns; and to implement rationally based, reasonably tailored regulations to protect the integrity of the city's neighborhoods.

A.

Short-Term Vacation Rental Certificate. No person shall rent, lease or otherwise exchange for compensation all or any portion of a dwelling unit as short-term vacation rental without first obtaining an annual occupation tax receipt from the city and complying with the regulations contained in this section. No certificate issued under this chapter may be transferred or assigned or used by any person other than the one to whom it is issued, or at any location other than the one for which it is issued.

B.

Application for Short-Term Vacation Rental Certificate.

1.

Applicants for a short-term vacation rental certificate shall submit, on an annual basis, an application for a short-term vacation rental certificate to the planning and zoning director. The application shall be furnished under oath on a form specified by the planning and zoning director, accompanied by a non-refundable application fee as set forth in the city's annual fee schedule. Such application should include:

a.

The name, address, telephone and email address of the owner(s) of record of the dwelling unit for which a certificate is sought. If such owner is not a natural person, the application shall identify all partners, officers and/or directors of any such entity, including personal contact information;

b.

The address of the unit to be used as a short-term vacation rental;

c.

The name, address, telephone number and email address of the short-term vacation rental agent, which shall constitute his or her twenty-four (24) hour contact information;

d.

The owner's sworn acknowledgement that he or she has received a copy of this section, has reviewed it and understands its requirements;

e.

The owner's agreement to use his or her best efforts to assure that use of the premises by short-term vacation rental occupants will not disrupt the neighborhood, and will not interfere with the rights of neighboring property owners to the quiet enjoyment of their properties; and

f.

Any other information that this section requires the owner to provide to the city as part of an application for a short-term vacation rental certificate.

The city manager or his or her designee shall have the authority to obtain additional information from the applicant as reasonably necessary to protect the public health, safety and general welfare and to mitigate impacts to the city's neighborhoods created by occupancy of short-term vacation units.

2.

Attached to and concurrent with submission of the application described in this section, the owner shall provide:

a.

The owner's sworn code compliance verification form;

b.

A written exemplar rental agreement, which shall consist of the form of document to be executed between the owner and occupant(s), which shall contain the following provisions and which shall be posted in the short-term vacation rental unit:

i.

The occupant(s)' agreement to abide by all of the requirements of this chapter, any other city ordinances, state and federal law and acknowledgement that his or her rights under the agreement may not be transferred or assigned to anyone else;

ii.

The occupant(s)' acknowledgement that it shall be unlawful to allow or make any noise or sound that exceeds the limits set forth in the city's noise ordinance;

iii.

The occupant(s)' acknowledgement and agreement that violation of the agreement or this chapter may result in immediate termination of the agreement and eviction from the short-term vacation rental unit by the owner or agent, as well as the potential liability for payments of fines levied by the city; and

iv.

The occupant(s)' acknowledgement on the maximum occupancy of the short-term vacation rental unit and, if available, the location of on-site parking.

c.

Proof of the owner's current ownership of the short-term vacation rental unit;

d.

Proof of insurance indicating the premises is used as a short-term vacation rental;

e.

A written certification from the short-term vacation agent that he or she agrees to perform the duties specified in subsection C of this section; and

f.

For condominiums, as defined by the Georgia Condominium Act, O.C.G.A. § 44-3-70 et seq., provide a copy of the adopted condominium declaration either explicitly permitting leasing of the dwelling unit(s) for less than thirty (30) days or adopted condominium declaration which contains no prohibition on short-term vacation rentals or the leasing of dwelling units for less than thirty (30) days.

C.

Certificate holder shall publish a short-term vacation rental certificate number and exemplar rental agreement in every print, digital, or internet advertisement and any property listing in which the short-term vacation rental is advertised.

D.

Short-Term Vacation Rental Agent.

1.

The owner of a short-term vacation rental shall designate a short-term vacation rental agent on its application for a short-term vacation rental certificate. A property owner may serve as the short-term vacation rental agent. Alternatively, the owner may designate a natural person as his or her agent who is over age eighteen (18).

2.

The duties of the short-term vacation rental agent are to:

a.

Be reasonably available to handle any problems arising from use of the short-term vacation rental unit;

b.

Appear on the premises of any short-term vacation rental unit within two hours following notification from the city of issues related to the use or occupancy of the premises. This includes, but is not limited to, notification that occupants of the short-term vacation rental unit have created unreasonable noise or disturbances, engaged in disorderly conduct or committed violations of the city code of ordinances or other applicable law pertaining to noise, disorderly conduct, overcrowding, consumption of alcohol or use of illegal drugs. Failure of the agent to timely appear to two or more complaints regarding violations may be grounds for penalties as set forth in this chapter. This is not intended to impose a duty to act as a peace officer or otherwise require the agent to place himself or herself in a perilous situation;

c.

Receive and accept service of any notice of violation related to the use or occupancy of the premises; and

d.

Monitor the short-term vacation rental unit for compliance with this chapter.

e.

An owner may change his or her designation of a short-term vacation rental agent temporarily or permanently; however there shall only be one such agent for a property at any given time. To change the designated agent, the owner shall notify the planning and zoning director in writing of the new agent's identity, together with all information regarding such person as required by the applicable provisions of this section.

3.

If the rental agent changes, the property owner shall notify the city within five business days.

E.

Permitted Districts. The dwelling unit containing the short-term vacation rental must be located within the NR-1, NR-2, NR-3, CR, TCR, TCM, NM or CM zoning district.

F.

Minimum Night Stay. All reservations require a minimum two-night stay paid at no less than the rate of twice the published price of one standard night per unit.

G.

Overnight Guests Maximum Occupancy. The maximum overnight occupancy of a short-term vacation rental shall be limited to two people per bedroom, plus two people. Children under two years of age shall not be included in determining the maximum overnight occupancy.

H.

The maximum number of vehicles that may be located at a dwelling unit between the hours of eleven p.m. to nine a.m. shall be limited to one vehicle per approved bedroom. In no instance shall the number of vehicles allowed be less than two. Any parking on an approved street must follow local or state regulations and be conducted in a manner as to not impede traffic or emergency vehicles.

I.

A legible copy of the short-term vacation rental unit certificate shall be posted within the unit and include all of the following information:

1.

The name, address, telephone number and email address of the short-term vacation rental agent;

2.

The occupancy tax receipt number;

3.

The maximum occupancy of the unit;

4.

The maximum number of vehicles that may be parked at the unit.

J.

To ensure the continued application of the intent and purpose of this section, the planning and zoning director shall notify the owner of a short-term vacation rental unit of all instances in which nuisance behavior of the rental guest or the conduct of his or her short-term vacation rental unit agent results in a citation for a code violation or other legal infraction.

1.

The planning and zoning director shall maintain in each short-term vacation rental location file a record of all code violation charges, founded accusations and convictions occurring at or relating to a short-term vacation rental unit. When a property owner has accumulated three code violations for a particular property within a period of twelve (12) consecutive months, the city shall revoke any pending certificates and reject all applications for the subject premises for a period of twelve (12) consecutive months following such revocation.

2.

If a short-term vacation rental unit owner has been cited and found to be in violation of any zoning, building, health or life safety code provision, the owner must demonstrate compliance with the applicable code prior to being eligible to receive a short-term vacation rental certificate.

3.

Citations for code violations and any other violation of the city code shall be heard by the municipal court.

4.

Violations of this chapter are subject to the following fines, which may not be waived or reduced and which may be combined with any other legal remedy available to the city:

a.

First violation: five hundred dollars ($500.00).

b.

Second violation within the preceding twelve (12) months: seven hundred fifty dollars ($750.00).

c.

Third violation within the preceding twelve (12) months: one thousand dollars ($1,000.00).

5.

A person aggrieved by the planning and zoning's decision to revoke, suspend or deny a short-term vacation rental certificate may appeal the decision to the city manager. The appeal must be filed with the city manager's office in writing, within thirty (30) calendar days after the adverse action and it shall contain a concise statement of the reasons for the appeal. Timely filing of an appeal shall stay the revocation, suspension or denial pending a decision by the city manager.

6.

The city manager or their appointed designee shall consider the appeal within thirty (30) days after receipt by the city manager of a request unless otherwise agreed in writing by the city and aggrieved party. All interested parties shall have the right to be represented by counsel, to present testimony and evidence, and to cross-examine witnesses. The city manager or their appointed designee shall render a determination, which will constitute a final ruling on the application.

7.

Nothing in this section shall limit the city from enforcement of its code, state or federal law by any other legal remedy available to the city. Nothing in this section shall be construed to limit or supplant the power of any city inspector, city marshal or other duly empowered officer under the city's ordinances, rules and regulations and the authority granted under state law, as amended, to take necessary action, consistent with the law, to protect the public from property which constitutes a public nuisance or to abate a nuisance by any other lawful means of proceedings.

K.

Taxes. Short-term vacation rental unit owners are subject to state sales tax and city taxes, including but not limited to the lodging tax set forth at Chapter 3.16, and are liable for payment thereof as established by state law and the city code. The city may seek to enforce payment of all applicable taxes to the extent provided by law, including injunctive relief.

(Ord. dated 6/6/22, § 3)

A.

A survey, demonstrating compliance with all standards in this section and sealed by registered surveyor, and site plan are required.

B.

Minimum acreage of site: Five acres.

C.

Maximum acreage of site: Ten (10) acres.

D.

The property shall be located at least five hundred (500) feet, measured from nearest property line to nearest property line, from NR1, NR2, NR3, CR or TCR zoning districts, nonconforming residential dwellings in NM, CM or TCM zoning districts, private or public wells, lakes, medical facilities, childcare facilities, schools or churches.

E.

A minimum one hundred (100) foot-wide landscaped buffer, to include evergreen species and meeting all other requirements of this chapter, with access only allowed in the buffer, shall be maintained along all property lines including property lines abutting a public street.

F.

All facilities shall be enclosed with a solid security fence at least eight feet in height parallel to all property lines and placed on the interior side of the required landscape buffer. A sight line study shall be submitted to city staff for approval.

G.

Processing, equipment, materials and waste shall be strictly confined to the interior of the transfer station building.

H.

Solid waste shall not be allowed to be stored on the tipping floor in the transfer station building overnight. Vehicles containing waste materials shall not be allowed to remain on-site overnight.

I.

All runoff from wash water and stormwater shall be discharged to an on-site wastewater treatment system approved by the city. All paved areas shall drain into the on-site wastewater treatment system.

J.

Solid residues from sewerage or other materials treatment processes shall be excluded from transfer station facilities.

K.

Dust, odors and similar conditions, rodents, insects, and other such pests shall be controlled in accordance with federal, state and city health codes. All necessary action shall be taken to mitigate such conditions at transfer station facilities. These conditions shall not be detectable at the boundary of the property without the aid of instruments.

L.

All parking and queuing of vehicles shall be paved and provided on-site. In addition to the parking requirements of this chapter, a minimum of five spaces for queuing of vehicles containing waste materials shall be provided. No parking or queuing shall be allowed in any buffer area or on a public street.

M.

Vehicular access shall not be through any residential subdivision or development. Routes and entrances shall be approved by the public works director to ensure that access is derived from paved streets, that such streets will withstand anticipated maximum load limits, and that all safety issues are satisfactorily addressed.

N.

All vehicles containing waste materials shall enter and leave the facility in a covered condition as required in subsection M above.

O.

Establish operating hours of five a.m. to four p.m., Monday through Friday, and seven a.m. to twelve noon on Saturday, to reduce the nuisance produced by the operation.

P.

The operation of transfer station facilities will comply with any and all current and updated applicable federal, state and local laws regarding the processing and disposal of solid waste.

Q.

All permits are required to be in force and active from the state environmental protection division prior to permitting of the facility. Permit or certificate of approval from the state environmental protection division is to be provided to the department of public services and engineering on an annual basis at the time of business licensing renewal.

(Ord. dated 8/6/12, § 5; Ord. dated 6/30/08 (part))

Editor's note— See § 16.20.610 editor's note.

No amplified outdoor sound system speaker may be located closer than two hundred (200) feet from the nearest residence, measured along a straight line connecting the source with the nearest point of the nearest residential structure.

(Ord. dated 6/30/08 (part); Ord. dated 8/6/12, § 5; Ord. dated 6/6/22, § 18)

Editor's note— See § 16.20.610 editor's note.

A.

No aboveground storage facilities may be located on the same lot as an automobile service station or closer than five hundred (500) feet from any NR1, NR2, NR3, CR or TCR zoned property or school.

B.

No tank or other structure used for storage of flammable or toxic liquids shall be closer than one hundred (100) feet from a property line.

C.

A fire prevention, evacuation and safety plan must be approved by the Covington fire department.

D.

A spill containment and noise and air pollution abatement plan must be approved by the department.

(Ord. dated 8/6/12, § 5; Ord. dated 6/30/08 (part))

Editor's note— See § 16.20.610 editor's note.

A.

Storm shelters are permissible as accessory uses and structures, where permitted, subject to the following conditions:

1.

If any portion of the structure extends above the ground, that portion above the ground must comply with the minimum setback and lot coverage regulations of the district in which it is located, and the site plan for such shelter must be approved by the planning and zoning director.

2.

If the structure is completely underground, it shall comply with yard requirements of an accessory use, and impervious surface limits or building coverage limits shall not apply to an underground storm shelter which has no impervious surface extending closer than two feet below natural grade.

3.

A storm shelter, underground or aboveground, shall be confined to a side or rear yard and shall not be located in the front yard between the main building and the street on which it fronts.

4.

Storm shelters may be contained in other structures or may be constructed separately.

(Ord. dated 8/6/12, § 5; Ord. dated 6/30/08 (part))

Editor's note— See § 16.20.610 editor's note.

The following guidelines shall apply to all support activities for air transportation located on the City of Covington Municipal Airport property and on all property throughout the city of Covington:

A.

Any business shall require a facility hangar or building that is of a size sufficient to contain the proposed or prescribed use, business service and customers.

B.

The facility hangar or building shall be served with, at a minimum, electric, water and sanitary sewer utilities. All facility hangars and buildings shall comply with the requirements set forth in Title 15, Buildings and Construction.

C.

All aircraft repair and maintenance activities shall be conducted indoors.

D.

Outdoor storage of dismantled aircrafts or equipment awaiting repair is prohibited.

E.

No junkyard or salvage yard shall be maintained or permitted to exist on property used for support activities for air transportation.

(Ord. dated 7/1/13, § 2)

Swimming pools accessory to residences shall be enclosed by a security fence of a minimum height of five feet with a gate containing a self-closing positive latch device to insure that the pool is enclosed at all times. Health department approval shall be required prior to issuance of a building permit. The fence and gate shall be installed prior to filling the pool with water.

(Ord. dated 8/6/12, § 5; Ord. dated 6/30/08 (part))

Editor's note— Ord. dated July 1, 2013, renumbered §§ 16.20.680—16.20.760 as §§ 16.20.690—16.20.770.

Any constructed or prefabricated pool used other than in conjunction with a private residence requires health department approval. Public pools shall be enclosed by a fence of a minimum height of five feet with all gates containing a self-closing positive latch device to insure the pool is enclosed at all times.

(Ord. dated 8/6/12, § 5; Ord. dated 6/30/08 (part))

Editor's note— See § 16.20.690 editor's note.

A.

A temporary structure shall be any small structure, not to exceed the size of a large house trailer (twenty (20) feet by fifty (50) feet), or any portable, movable or mobile building or trailer, which is placed on a construction site; or any building as used for a sales office for real estate brokers and agents properly authorized to do business within the city; or any building as used as an office for the contractor who is properly authorized to do business within the city; or any temporary office space within the M-1 and M-2 districts.

B.

A temporary structure may be located on a particular site during the construction of houses, factories, stores and the like as provided in this section:

1.

A permit for the construction or location of a temporary structure to be used as a real estate sales office or construction office may be issued only after verification of proper zoning and approval of the construction site plans.

2.

The permit, when issued, shall expire one year from the date of issuance or immediately upon the completion of the construction concerned or if a subdivision, when the last house is sold, if before the one-year limit.

3.

An extension may be granted upon request, and may be granted for any length of time so approved, not to exceed a period of six months; and the fee may be prorated on a per-month basis if so deemed by the mayor and council.

4.

Cost of the permit shall be as established by the mayor and council.

5.

Any violation of this subsection shall constitute grounds for the refusal of the city to issue any building permit requested by the violator.

C.

In the M-1 and M-2 districts, permitted uses may utilize one or more temporary structures for temporary office space to accommodate expansion and growth.

1.

A permit for the construction or location of a temporary structure to be used as an office in accordance with this subsection may be issued only after verification of proper zoning.

2.

The permit, when issued, shall expire two years from the date of issuance.

3.

Cost of the permit shall be as established by the mayor and council.

4.

Any violation of this subsection shall constitute grounds for the refusal of the city to issue any building permit requested by the violator.

5.

Temporary structures must be placed in the rear or side yard.

6.

Temporary structures are to be used for office use only, no manufacturing or processing.

7.

An extension may be granted upon request, and may be granted for any length of time so approved, not to exceed a period of six months; and the fee for such an extension may be prorated on a per-month basis if so deemed by the mayor and council.

(Ord. dated 8/6/12, § 5; Ord. dated 6/30/08 (part); Ord. dated 12/13/21, § 1)

Editor's note— See § 16.20.690 editor's note.

Commercial structures of a seasonal or temporary nature including, but not limited to food stands, vendors or similar uses are permitted only in those commercial districts allowing similar uses on a permanent basis. Such structures shall meet appropriate city building codes, and if connected to utility systems, shall obtain necessary permits. A commercial retail temporary use shall require a permit issued by the department based on compliance with these provisions and other Covington code provisions for a duration not to exceed ninety (90) days. A single thirty (30) day extension may be authorized if approved in writing by the planning and zoning director.

(Ord. dated 8/6/12, § 5; Ord. dated 6/30/08 (part))

Editor's note— See § 16.20.690 editor's note.

A.

Outside display of merchandise which is being offered for sale on-premises shall be allowed in any yard during operating hours only. When the business is closed, all displays shall be removed and placed inside an approved structure.

B.

If the use includes the removal or installation of tire(s), all activities shall be carried on indoors. At the close of the business each day, all displays and equipment shall be stored within an enclosed building not visible from the roadway.

C.

All operations shall be screened from view of any abutting residentially zoned properties with a minimum six-foot high opaque decorative fence or an opaque evergreen planting strip that is a minimum of five feet high upon planting and can be expected to be eight feet high within two years of planting. The screening shall not apply to residentially zoned properties directly across the street from the use.

D.

No display or parking may occur within the landscaping areas.

E.

Outdoor storage of tires is prohibited. Except for display areas which are only allowed during operating hours, all tires shall be kept inside an enclosed structure in full compliance with the environment protection division (EPD). Any structure used for storage must be approved and permitted on the lot by the city planning and development department.

(Ord. dated 4/1/24, § 16)

A.

No more than six residents, not including owner and owner's family if residing on the premises.

B.

Parking must be provided in an enclosed garage or in the rear or side yard.

C.

The outer appearance of the building shall be compatible in height, style, front setback, roof type, fenestration and floor area with buildings on the same block.

D.

If meals are served on the premises, meals may only be served to residents and owner's family members, if present.

E.

Services shall not be provided on an "out-patient basis" to persons who are not regular residents of the facility, as described in subsection B of this subsection.

F.

At least one thousand (1,000) feet shall separate a transitional housing facility from another transitional housing facility, rooming and boarding house or personal care home.

(Ord. dated 8/6/12, § 5; Ord. dated 6/30/08 (part))

Editor's note— See § 16.20.690 editor's note.

A.

Site shall have a minimum of five acres.

B.

Site shall not be located within five hundred (500) feet of a residential use or residential district.

C.

Site shall be fenced and screened from view from all public rights-of-way.

D.

Truck courts, trucks, and trailers must be located behind a fence or masonry wall no less than eight feet in height. The fence may not encroach into the front yard area past the front edge of the building. In addition, trucks and trailers must be parked in an orderly fashion in identified parking spaces on surfaces paved with asphalt or concrete.

E.

All repair and washing shall occur within a completely enclosed building.

F.

A traffic study shall be completed that demonstrates all adverse traffic impacts can be mitigated.

G.

Adequate lighting shall be provided if the facilities are to be used at night. Such lighting shall be arranged and installed as not to reflect or cause glare on abutting properties. The lighting shall be dark sky compliant lighting. Light poles shall not exceed thirty-two (32) feet.

(Ord. dated 4/1/24, § 17)

Utility structures and buildings, including electric power generating units and natural gas substations, telephone exchanges, and similar structures must be fenced and properly screened with a six-foot high planted buffer as approved by the department.

(Ord. dated 8/6/12, § 5; Ord. dated 6/30/08 (part))

Editor's note— See § 16.20.690 editor's note.

A.

Any structure used as an animal hospital or veterinary clinic shall be located and its activities conducted at least fifty (50) feet from any property zoned NR1, NR2 or NR3, measured along a straight line connecting the nearest points of the subject properties.

B.

Medical treatment or care shall be practiced only within an enclosed building or structure.

C.

Kennel or boarding operations incidental to the principal use shall be permitted only within an enclosed building or structure located at least one hundred (100) feet from any property zoned NR1, NR2 or NR3, measured along a straight line connecting the nearest points of the subject properties.

D.

The building or structure shall be designed to prevent the adverse impact of noise and/or odor from the animals on adjoining properties.

(Ord. dated 8/6/12, § 5; Ord. dated 6/30/08 (part))

Editor's note— See § 16.20.690 editor's note.

Editor's note— An Ordinance dated June 6, 2022, § 12, repealed § 16.20.760 which pertained to yard sale regulations and derived from an Ordinance dated June 30, 2008; and an Ordinance dated August 6, 2012, § 5.

Editor's note— An Ordinance dated June 6, 2022, § 12, repealed § 16.20.770 which pertained to zoos and botanical gardens and derived from an Ordinance dated June 30, 2008; and an Ordinance dated August 6, 2012, § 5.