For purposes of this ordinance, Whitfield County is hereby divided into the following zoning districts:

4-1-1

General agriculture (GA.) This district is established to protect and to preserve agricultural and forest resources and associated rural characteristics by allowing only low-density residential uses, farming, animal husbandry, forestry, saw milling, and other similar uses upon lots or parcels not less than five acres. Provided the applicable lot or parcel conforms to all requirements herein, no more than two single-family detached dwelling units per lot or parcel shall be allowed in this district. Under certain conditions as set forth hereinafter, an accessory structure may contain tools, currently tagged vehicles and/or equipment utilized in the trade or business occupation of the person or persons occupying the principal dwelling structure thereon.

4-1-2

Suburban agriculture (SA.) This district is established as a transitional district for low density residential uses in conjunction with typical agricultural pursuits primarily for the residents living there, including, but not limited to the growing of food, flowers, the raising of chickens, and the tending of horses and cattle for personal pleasure. Lots and parcels in this district shall be not less than three acres. Only one single family dwelling unit per lot shall be allowed in this district. Under certain conditions as set forth hereinafter, an accessory structure may contain tools, currently tagged vehicles and/or equipment utilized in the trade or business occupation of the person or persons occupying the principal dwelling structure thereon.

4-1-3

Estate residential (R-1.) This district is established to preserve open space in both urban and rural environments and typically rural environments by encouraging larger than average lot formats of at least one acre or more for low density single family detached dwellings in excess of 1,500 square feet heated floor area. There shall be no manufactured or mobile homes within this district, in order to maintain the traditional residential character of such districts. Only one single family dwelling unit per lot shall be allowed in this district.

4-1-4

Low density single family residential (R-2.) This district is established to protect single family detached dwellings, including typical residential subdivisions, on lots of not less than 27,500 square feet if served by on-site sewage management systems and not less than 15,000 square feet if served by public sewer or an approved central on-site sewage management system. All dwellings in this district shall contain in excess of 1,200 square feet of heated floor area upon a permanent foundation and shall have the electrical meter base serving such dwelling attached directly to such dwelling. There shall be no manufactured or mobile homes within this district in order to maintain the traditional residential character of such districts. If served by on-site sewage management system, the lots in this district shall conform at least with the minimum standards for lot sizes as promulgated by the health department or other authority having proper jurisdiction over such minimum lot sizes, as amended from time to time. Only one dwelling unit per lot shall be allowed in this district.

4-1-5

Medium density single family residential (R-3.) This district is established to protect single-family detached dwellings, typically within a more urban atmosphere, including residential subdivisions, on smaller lots of not less than 7,500 square feet and which are served by public sewer or an approved central on-site sewage management system. All dwellings in this district shall contain not less than 1,000 square feet of heated floor area. There shall be no manufactured or mobile homes within this district, in order to maintain the traditional residential character of such districts. Only one dwelling unit per lot shall be allowed in this district.

4-1-6

Zero lot line residential (R-4.) This district is established for single family detached dwellings, configured upon "zero lot lines," which may be located upon lots at a density of up to ten dwellings per acre, exclusive of rights-of-way or other restrictive easements. Any such lots must be served by public sewer or an approved central on-site sewage management system. Such districts encourage the creation of compatible open spaces for enjoyment by several surrounding dwellings. There shall be no manufactured or mobile homes within this district, in order to maintain the traditional residential character of such districts. Only one dwelling unit per lot shall be allowed in this district.

4-1-7

Rural residential (R-5.) This district is established to protect single family detached dwellings, including typical residential subdivision development of all varieties of housing stock, and duplexes. Manufactured housing in this district shall remove all wheels and the tongue (or hitch,) so as to maintain the site-built residential character of the district. The lots in this zoning district that are served by on-site sewage management systems shall conform at least with the minimum standards for lot sizes as promulgated by the health department or other authority having proper jurisdiction over such minimum lot sizes, as amended from time to time. The lots in this zoning district that are served by public sewer or an approved central on-site sewage management system shall be not less than 7,500 square feet for a single family dwelling and not less than 10,000 square feet for a duplex. Only one principal structure, containing two dwelling units or less, per lot shall be allowed in this district.

Under certain conditions as set forth hereinafter, an accessory structure may contain tools, currently tagged vehicles and/or equipment utilized in the trade or business occupation of the person or persons occupying the principal dwelling structure thereon.

4-1-8

Transitional residential (R-6.) This district is established as a transition residential district of either medium or high density, which may accommodate dwellings such as single family detached dwellings, individual manufactured homes, duplexes, triplexes, or four-plexes only. No more than one principal structure per lot, containing not more than one four unit building shall be allowed in this district.

4-1-9

High density residential (R-7.) This district is established as a high-density residential district allowing as many as 20 dwelling units per acre. Multiple structures per lot shall be permitted in this district. Because of the increased density allowed in this district, any such lots must be served by public sewer or an approved central on-site sewage management system.

4-1-10

Planned unit development (PUD.) This district is established to permit greater flexibility and more imaginative design for the development of compatible, multi-use residential and neighborhood commercial land uses on a scale larger than not less than 15 acres. The PUD district is intended to promote an orderly and harmonious variety of housing options, along with higher levels of amenities and preservation of open space. To be considered for the PUD district, a full and complete application for rezoning shall include a preliminary site plan. Establishing a PUD district requires the implementation and adherence to the approved site plan as required by: 1) these regulations; 2) any other applicable regulations; or 3) any conditions resulting from the review process. Once submitted, if there are any material alterations to the site plan, the altered site plan shall be resubmitted.

4-1-11

Limited commercial (C-1A.) This transitional district is established to provide for specific limited commercial uses, including professional service establishments, often conducted within structures converted from residential uses.

4-1-12

Neighborhood commercial (C-1.) This district is established to provide for limited retail activities and personal or professional services designed to serve the convenience needs of nearby neighborhoods. The size of the buildings and parking allowed in this district are limited to create minimal negative impact upon nearby neighborhoods. This district allows uses which will result in a minimum of traffic from outside the surrounding neighborhoods.

4-1-13

Mixed use (MU.) This transition district is established to provide for appropriate mixed use opportunities on parcels smaller than those required for the PUD district. Typically, such uses would include apartment or condominium style multi-family housing situated above compatible retail/ service commercial or light manufacturing uses that are intended to serve such residents and the general public. However, the use(s) may also be entirely commercial or light manufacturing, creating more flexibility with respect to access, setbacks, etc., as shown on an approved site plan. To be considered for the MU district, a full and complete application for rezoning shall include a preliminary site plan. Establishing a MU district requires the implementation and adherence to the approved site plan as required by: 1) these regulations; 2) any other applicable regulations; or 3) any conditions resulting from the review process. Once submitted, if there are any material alterations to the site plan, the altered site plan shall be resubmitted.

4-1-14

General commercial (C-2.) This district is established to provide for and to encourage appropriate development along collector and arterial thoroughfares, which includes the broadest mix of commercial retail and service uses with associated storage capabilities, and other commercial activities which will both accommodate the needs of residents and those of the traveling public. Shopping centers and large retail stores would be common, along with a host of supporting commercial uses.

4-1-15

Central business district (C-3.) The central business district is the historic center of town, city, or community for commercial retail and service uses, financial institutions, office, and government uses, with limited residential uses. This district would typically be characterized by shared parking and loading, and by buildings occupying most, if not all, of the lot or parcel on which it is located. The central business district defines the core activity center around which the community has historically developed.

4-1-16

Transitional commercial (C-4.) This district is considered an expansion and transitional area out from the central business district, allowing uses similar to those allowed in the central business district, but with conventional lot designs, requiring off street parking and loading, and typical setbacks. This district is envisioned to accommodate lower traffic, lower visibility commercial operations that are nonetheless near the central business district.

4-1-17

Light manufacturing (M-1.) This district is established to act as a transition between heavy industrial uses and other commercial or residential uses by providing for industrial activities which are more limited in scope, size, or negative impacts upon surrounding properties. Permitted uses in this district will create a minimum of environmental pollution in the form of traffic, noise, odors, smoke, fumes, glare, or heat.

4-1-18

Heavy manufacturing (M-2.) This district is established to provide suitable areas for general industrial, carpet manufacturing, distribution, or warehousing activities and/or other intensive activities of industrial nature which may generate external traffic and may include moderate amounts of environmental pollution in the form of traffic, noise, odors, smoke, fumes, glare, or heat.

4-1-19

Urban planned unit development (U-PUD.) This district is established to provide a fully designed residential and limited commercial community of no more than eight acres. The U-PUD district is intended to maintain a high quality, walkable, safe environment, in keeping with traditional patterns of neighborhood development. Preliminary and specific land use development plans and site plats shall be submitted and approved by regulatory staff prior to filing a rezoning application. Once approved by the applicable governing authority, the development plan shall not be altered without repeating the process for initial approval. The parcels intended for this zoning district must be solely contained within the boundaries of the Dalton Urbanized Area as defined by the United States Census Bureau using the most recent decennial census data. The parcels may also be outside the Dalton Urbanized Area but within the interior boundary formed by I-75 and the portion of Georgia State Route 3 sometimes known as the North/South Bypass.

(Ord. No. 23-12, § 1, 6-19-2023; Ord. No. 24-02, § 1, 1-8-2024)

The boundaries of the various zoning districts are shown upon that map designated as the official zoning map of Whitfield County, Georgia, which is sometimes referred to as the "zoning map." The zoning map and all notations, references and other information shown thereon are a part of this ordinance and have the same force and effect as if the zoning map and all the notations, references, and other information shown thereon were fully set forth and described herein, which Zoning Map is properly attested and is on file with the clerks of Whitfield County and of each city, and with the zoning administrator, and is available for public inspection during normal business hours.

(Ord. No. 23-12, § 1, 6-19-2023)

All roads, alleys, and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such alleys, roads and railroad right-of-way. Where the center line of a road, alley or railroad right-of-way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such center line. Where district boundary lines are indicated as approximately following lot lines, such lot lines shall be construed to be such boundaries. Wherever any uncertainty exists as to the boundary line of any use district as shown on the zoning map incorporated herein, the following rules shall apply:

4-3-1

Where a lot held in one ownership contains more than one actual principal use, such actual uses may be delineated and assigned zone designations consistent with such uses within the parcel. The existence of principal uses and the area assigned to such uses shall be based upon objective physical evidence of separate actual uses of the parcel present at the site at which it occurs. Any disputes regarding actual principal uses shall be resolved by the zoning administrator.

4-3-2

In all other cases, the district boundary lines shall be determined by use of the scale appearing on the official zoning map.

4-3-3

Certain parcels located within any historic district designated by any historic preservation commission and noted on the official zoning map shall also be subject to any regulation set forth by the applicable governing authority specifically related to historic properties or historic districts.

(Ord. No. 23-12, § 1, 6-19-2023)

No principal structure, accessory structure, or land use shall be allowed except in the zoning districts indicated and for the purposes or uses as set forth upon the permitted use table set forth hereinafter.

(Ord. No. 23-12, § 1, 6-19-2023)

4-5-1

Preliminary site plan. For all parcels which seek rezoning or annexation to R-6, R-7, C-1A, MU, PUD, or U-PUD for a proposed use or which require a special use for a proposed use, a preliminary site plan, as described herein, shall be submitted with such application unless specifically waived, in whole or in part, in the sole discretion of the zoning administrator. Such application shall remain incomplete without such required information. The governing authority may hereafter conditionally approve such request based upon information set forth in such site plan. Each preliminary site plan shall include, but not be limited to, the following information:

(a)

Preliminary name of the proposed development; name(s), address(es), and telephone number of the owner(s) and the designer(s) of the site plan.

(b)

Scaled boundaries. Scaled boundaries of the entire tract and their relationship to adjoining properties, public rights-of-way, and easements.

(c)

Sewage management systems, on-site (septic systems); sewage treatment system, public or community (central sewage treatment plant). Written statement from the environmental health department indicating the optimum number of units the property will accommodate based on a soils report by a soils scientist and an on-site inspection by a county environmental specialist. If public sewer is available, written approval shall be provided from Dalton Utilities for the number of desired sewer taps.

(d)

Septic system absorption field and replacement area and building locations. Approximate location of the septic fields, all proposed buildings, their shape, size, and setback in appropriate scale.

(e)

Rights-of-way. Location and right-of-way of streets, roads, alleys, railroads, public crosswalks, with lengths and widths, road names, or designations.

(f)

Buffers and vegetation. Existing and proposed vegetation and the use of vegetation to provide buffers and landscaping for the proposed development.

(g)

Flood plain areas. Location of the 100-year flood plain as determined by the past history of flooding or the best available data.

(h)

Proposed improvements. The names, where appropriate, and locations and dimensions of proposed roads, alleys, sidewalks, easements, buildings, parking and loading, dumpsters, recreation areas and facilities, yards and other open spaces.

4-5-2

Final site plan. All other parcels zoned R-6, R-7, C-1A, C-1, C-2, C-3, C-4, MU, PUD, M-1, or M-2 which are already zoned for the use intended or for which a Special Use has been applied for and approved hereunder, shall submit a final site plan prior to the issuance of a building permit, unless specifically not required in whole or in part by the Whitfield County Engineer or his or her designee. Each final site plan shall include the following information:

(a)

Preliminary name of the proposed development; name(s), address(es), and telephone number of the owner(s) and the designer(s) of the site plan.

(b)

Date, north arrow, and graphic scale.

(c)

Survey boundaries. Surveyed boundaries of the entire tract and their relationship to adjoining properties, public rights-of-way, and easements.

(d)

Location map. A general location map at a scale of one inch equals 2,000 feet indicating existing zoning on or adjacent to the site, adjoining roads and the adjacent areas are required.

(e)

Sewage management systems, on-site (septic systems); sewage treatment system, public or community (central sewage treatment plant). Written statement from the health department indicating the optimum number of units the property will accommodate based on a soils report by a soils scientist and an on-site inspection by a county environmental specialist. If public sewer is available, written approval shall be provided from Dalton Utilities for the number of desired sewer taps.

(f)

Building locations. Final location of all proposed buildings, their shape, size, and setback in appropriate scale.

(g)

Rights-of-way. Location and right-of-way of streets, roads, alleys, railroads, public crosswalks, with lengths and widths, road names, or designations.

(h)

Buffers and vegetation. Existing and proposed vegetation and the use of vegetation to provide buffers and landscaping for the proposed development.

(i)

Environmentally sensitive areas. Location of major river corridors, water supply watersheds, groundwater recharge areas, wetlands, the boundary and elevation of the 100-year floodplain as determined by the past history of flooding or the best available data.

(j)

Proposed improvements. The names, where appropriate, and locations and dimensions of proposed roads, alleys, sidewalks, easements, buildings, parking and loading, dumpsters, recreation areas and facilities, yards and other open spaces.

(k)

Proposed protective covenants. A preliminary outline of proposed protective covenants, including provisions for the organization and financing of a homeowners' association where appropriate.

(l)

Soil erosion and sedimentation control. Where applicable, the site development plan shall provide information on soil erosion and sedimentation measures according to the technical standards provided by the applicable jurisdiction's soil erosion and sedimentation control ordinance.

(m)

Development report. If the proposed development has more than one phase, a report setting forth the proposed development schedule, indicating the sequences of the development, and the approximate time period for completion of each phase shall be required. Statistical or technical data as necessary to accurately describe the proposed development including, but not limited to, the following shall be included in the development report:

(1)

Total land area.

(2)

Total number of dwelling units and gross density by type of land use.

(3)

Amount of space to be occupied by roads and parking areas.

(4)

Amount of any submerged land within the project boundary.

(5)

The total ground coverage and floor area of all buildings.

(6)

A breakdown of the number of kinds of proposed buildings, including square footage, and number and range of lot sizes and proposed setback and yard dimensions for typical lots and/or building types.

(7)

Deed record names of adjoining property owners or subdivisions.

(8)

The plat shall be drawn to a scale of not less than one inch equals 100 feet.

(9)

Topography by contours at vertical intervals of not more than five feet for subdivisions of more than 20 lots unless necessary for determining road or sanitary sewerage system design.

(Ord. No. 23-12, § 1, 6-19-2023; Ord. No. 24-13, § 1.1, 5-6-2024)

4-6-1

Amusements parks are permitted in the general commercial (C-2) zone district, and motor vehicle racetracks are permitted in the general agricultural (GA) and general commercial (C-2) districts, provided that:

(a)

Any such development which is located closer than 1,000 feet from any property line for which the adjoining property is zoned GA, SA, R-1, R-2, R-3, R-4, R-5, R-6, R-7, PUD, or MU shall operate only vehicles with adequate muffler devices, unless the affected property owner(s) waive this provision, in writing. This requirement shall apply to all such operations whether currently in existence or to be built in the future.

(b)

No structures or racetracks shall be located within 100 feet of any property line.

4-6-2

Animal husbandry, including dairies, livestock raising, fish hatcheries, and/or riding stables and academies are permitted within the general agriculture (GA) district, provided that no structures for housing said animals shall be located closer than 25 feet from any property line and the minimum for the above uses shall be five acres. For the purposes of this appendix, animal husbandry shall not include commercial poultry farming or commercial swine farming.

4-6-3

Neither a bed and breakfast home nor a bed and breakfast inn may serve any meals to the general public, except for breakfast to its overnight guests only, unless such establishment is located within a C-1, C-2, C-3, or C-4 commercial zone district and such use as a restaurant or café otherwise qualifies as a permissible use thereunder. Additionally, regardless of the zone district in which such establishment shall be located, except in the C-3 district there shall be off street parking available for at least one vehicle per available room and at least one vehicle per employee.

4-6-4

Business and professional offices are permitted outright in the general commercial (C-2) and manufacturing (M-1, M-2) districts. Development of such uses in the limited commercial (C-1A) and neighborhood commercial (C-1) district shall limited to one building per lot or parcel.

4-6-5

Cemeteries, not including governmentally-owned cemeteries, fraternal cemeteries, church or synagogue cemeteries, or family burial plots, are allowed in the GA, SA, R-1, R-2, R-5, and C-2 districts, shall have minimum site areas of 25 acres, and shall otherwise fully comply with the Georgia Cemetery and Funeral Services Act of 2000, as amended. Churches and synagogues, and fraternal organizations may operate cemeteries as an accessory use, wherever the principal use is allowed, but only if a minimum site area of five additional acres is available for the cemetery. A minimum site area is not required for a columbarium as an accessory use where the principal use is allowed. In all zoning districts, family burial plots shall be allowed as an accessory use to a residential dwelling upon lots or parcels containing five acres or more.

4-6-6

All commercial developments, including shopping centers, regional shopping malls, and retail outlet malls, shall meet the following requirements:

(a)

If adjoining parcels are interconnected to each other through access easements, such easements shall have a minimum width of 20 feet.

(b)

Shopping centers and shopping malls shall be permitted only in the general commercial (C-2) district.

(c)

Neighborhood shopping centers shall contain only the uses that are permitted in the neighborhood commercial (C-1) district, and the maximum size of the developed lot shall not exceed three acres.

4-6-7

Convenience stores in the neighborhood commercial (C-1) district shall have a gross floor area of less than 5,000 square feet and shall comply with the following if fuel service is available:

(a)

Convenience stores, with fuel pump services located in the neighborhood commercial (C-1) district, are limited to four pump islands with no more than two pumps per island each as an accessory use to the convenience store.

4-6-8

All fuel pumps, canopies over fuel pumps (whether attached or detached,) and underground storage tanks shall be at least 15 feet from any road right-of-way.

4-6-9

All day care facilities, as defined hereinabove, are permitted as an accessory use in a church or place for religious worship, schools, commercial or manufacturing facilities, provided that such uses shall conform to all federal, state, and local day care requirements and shall comply with all health regulations.

4-6-10

Accessory structures.

(a)

Accessory structures constructed concurrent with, or subsequent to, the primary dwelling structure, including, but not limited to, open sheds, garages, carports, and shelters are permitted upon a parcel less than three acres in area and zoned for or used for single-family residential purposes only if the accessory structure is no larger than the gross floor area of the primary dwelling or 1,500 square feet, whichever is lesser, and shall not exceed 12 feet in height at the eave level for a single story or 18 feet in height at the eave level for two stories.

(b)

Within the R-5, SA, or GA zoning districts, accessory structures constructed concurrent with, or subsequent to, the primary dwelling, may also store tools, currently tagged vehicles and/or equipment utilized in the trade or business occupation of the person or persons occupying the principal dwelling structure only if all of the following additional conditions are met:

(1)

The accessory structure is no larger than the gross floor area of the primary dwelling or 1,500 square feet, whichever is lesser, and provided that all applicable building setbacks are met.

(2)

The accessory structure shall be constructed in accordance with applicable building codes, including, but not limited to, all setback requirements, and shall be fully enclosed.

(3)

The accessory structure shall not be used for the manufacture, construction, shipping or processing of commercial goods or services.

(4)

There shall be no business invitees or customers upon the residential property for business purposes.

(5)

No more than two commercially licensed or titled vehicles weighing not more than 14,000 pounds US gross vehicle weight (GVW) each shall be stored on site.

(6)

Nothing herein shall be construed to allow large commercial equipment, including, but not limited to bulldozers, dump trucks, backhoes, earth moving equipment, and the like, within an accessory structure upon any residentially zoned lot or parcel.

4-6-11

Flea markets, farmers' markets, produce stands, and similar facilities are permitted in the general commercial (C-2) district, provided that:

(a)

Permanent sanitary facilities are required and shall be approved by the health department or applicable authority.

(b)

No overnight camping on the property is permitted.

(c)

Such use shall be located upon a major or minor collector road only.

4-6-12

Garage, yard or carport sales shall be allowed on the lot or parcel occupied by the residential dwelling in the GA, SA, R-1, R-2, R-3, R-4, R-5, R-6, and R-7 zoning districts provided that:

(a)

No sale shall be allowed to continue for more than one continuous 72-hour period.

(b)

Not less than three months shall lapse between sales held at the same location.

4-6-13

Hazardous waste processing and handling facilities are permitted as a special use in the M-1 and M-2 districts provided that such facilities shall conform to all local, state, and federal regulations for hazardous waste management.

4-6-14

Junk yards or salvage yards.

(a)

Such use shall not be located closer than 25 feet to any adjacent boundary line or right-of-way.

(b)

Such use shall be enclosed with a sight impermeable fence or earthen berms not less than eight feet high.

4-6-15

Except for within certain commercial (C-1, C-2, C-4) and manufacturing (M-1, M-2) districts, recreational facilities within a public park shall meet the following requirements:

(a)

Lighting shall be established in such a way that no direct light is cast upon adjacent properties or roadway.

(b)

All lighted recreational facilities shall be a least 50 feet from any property boundary line.

4-6-16

Laundry services, including dry cleaning pick-up and delivery stations, are allowed in the neighborhood commercial (C-1) district, provided that the total floor area shall not exceed 4,000 square feet.

4-6-17

Animals.

(a)

Except within the City of Dalton, raising and keeping livestock, ten or more pounds in weight shall be permitted upon a lot or parcel in the GA, SA and R-5 residential zoning districts, or upon a lot in a commercial or manufacturing zoning district upon which there is located a non-conforming single family dwelling occupied as a residence, provided that there is a minimum of two acres, with no more than four total animals per two acres prorated, and all structures used for housing and feeding the animals shall be located at least 25 feet from any lot line.

(b)

Raising and keeping small animals, under ten pounds in weight, shall be permitted upon a lot or parcel in the GA, SA and R5 residential zoning districts, or upon a lot in a commercial or manufacturing zoning district upon which there is located a non-conforming single-family dwelling occupied as a residence, subject to the following:

(1)

Condition, size. All such animals must be provided with adequate, secure enclosure(s) while not within the immediate presence of the owner. The pens or other enclosures wherein such animals are kept shall have a solid floor of suitable washable material, except when the pens are 75 feet or more from the nearest neighbor's dwelling or place of business. Floor space in all such pens or enclosures, wherever located, shall contain not less than six square feet per animal. In order to promote good hygiene and to eliminate nuisance odors, pens must be regularly cleaned and animal waste must be properly disposed.

(2)

Location. Pens or yards where such animals are kept shall be placed at the following minimum distances from any dwelling or business structure:

a.

Distance from any dwelling, except that of owner, or any business structure, 50 feet

b.

Distance from owner's dwelling, five feet.

(3)

Maximum number. The maximum number of such animals, in any combination, which may be kept upon a single lot or parcel shall be limited as follows:

a.

On lots up to five acres in size, a total of no more than ten small animals. No roosters, peafowl or any other fowl whose calls are audible to an adjoining lot shall be permitted.

b.

On lots five or more acres in size, there is no limit to the number of non-commercial small animals permitted.

4-6-18

Unless otherwise provided herein, all uses in the neighborhood commercial (C-1) district shall have a gross floor area of less than 10,000 square feet, including outdoor storage and accessory structures.

4-6-19

RV parks and campgrounds are allowed outside the City of Dalton in the GA and C-2 districts provided that:

(a)

Public water is supplied;

(b)

If public sewer is not available, such developments shall provide an approved dump station of private sewer disposal.

(c)

Occupancy shall be for a period of not more than 14 days.

4-6-20

Recycling centers with processing facilities and recycling collection stations shall comply with the following regulations:

(a)

All operations and collections shall be set back at least 25 feet from each property line and shall comply with the screening standards as applicable and set forth in article VIII of this ordinance.

(b)

The owner or operator of the station shall inspect the site at regular time periods to assure that no litter accumulates and that containers are emptied as often as necessary.

4-6-21

Restaurants and/or cafeterias in the neighborhood commercial (C-1) district, shall have a seating capacity of no more than 80 patrons.

4-6-22

Only during the seasonal holiday months of October, November, and December, holiday tree farms which are located within the general agriculture (GA) or suburban agriculture (SA) zone district containing not less than five acres shall be allowed to conduct retail sales of pumpkins, corn, gourds, hay bales, Christmas, or other holiday trees, garlands, or wreaths which are grown, cut, or produced thereon. Such holiday tree farms may also conduct retail sales of other similar seasonal decorative items, such as tree stands or tree ornaments, or may provide hayrides, hay mazes, or other similar activities for its customers during such months only.

4-6-23

Temporary holiday lots shall be allowed to conduct retail sales only during the seasonal holiday months of November and December.

4-6-24

It is the intent of this article to act concurrently with the Dalton-Whitfield Regional Solid Waste Management Authority, Solid Waste Management Plan to protect the health, safety, and welfare of the citizens and natural resources of Whitfield County. As such, in addition to the requirements contained herein, any new, not yet operational, or expansion of any solid waste handling facility shall be consistent with the Dalton Whitfield Regional Solid Waste Management Authority, Solid Waste Management Plan.

(a)

Solid waste landfills are allowed as a special use in the general agriculture (GA) district. Siting of a solid waste landfill shall meet all the criteria provided under the rules of the Georgia Department of Natural Resources, Environmental Protection Division, and Solid Waste Management Regulations.

(b)

Inert waste landfills are permitted as a special use in the general agriculture (GA) or suburban agriculture (SA) district.

(c)

Solid waste transfer stations are permitted as a special use in the GA, SA, M-1, and M-2 districts provided that:

(1)

All transfer stations shall be located adjacent to a collector or arterial road so designated by the Georgia Department of Transportation on their functional classification map for Whitfield County.

(2)

Such facility shall have a minimum buffer of 25 feet and comply with the screening standards set forth hereinafter.

(3)

No portion of a new transfer station shall be located within a two-mile radius of the property lines of an existing transfer station or solid waste handling facility.

(4)

The hours of operation shall be limited to not more than 6:00 a.m. to 6:00 p.m., Monday through Saturday.

(5)

Transfer stations shall be sited and operated in accordance with State Regulations 391-3-4.06 Permit by Rule for Collection, Transportation, Processing, and Disposal; O.C.G.A. § 12-8-20, Georgia Comprehensive Solid Waste Management Act; and the Dalton Whitfield Regional Solid Waste Management Authority, Solid Waste Management Plan.

4-6-25

The R-4 district permits single-family detached dwellings to develop at a maximum density of ten dwelling units per acre. All such developments are required to be reviewed subject to the presentation of a site plan, subdivision regulations, when applicable, and a rezoning application, as set forth hereinabove. A minimum site area of two acres is required. The minimum separation distance between all detached dwellings in the R-4 district, side to side, is ten feet. The front setback shall be a minimum of 20 feet and the rear setback shall be a minimum of ten feet. Zero-lot line dwellings shall be constructed against the lot line on one side of a lot or parcel, and no windows, doors, or other openings shall be constructed on that side. For the solid wall positioned upon the property line, a maintenance easement of not less than five feet shall be designated on the adjacent lot; and the final subdivision plat for all zero-lot line developments shall show and provide for such maintenance easements.

4-6-26

Private camps shall be located upon a lot or parcel with a minimum total area of eight acres. All regulations of the Whitfield County Health Department regarding on-site sewage management systems shall be fully applicable. Such camp shall be served by public water rather than by individual water supply. Where such camps adjoin residentially used lots or parcels or residentially zoned lots or parcels, a minimum 30 foot buffer, as set forth in article VIII, shall be placed along any such borders and adjacent to any public or private road.

4-6-27

All facilities used in conjunction with an event center shall comply with all local, state, and federal building requirements with respect to group assembly, and shall comply with all local, state, and federal environmental requirements with respect to sewage disposal, flood plain management, erosion and sediment control, and storm water management.

4-6-28

In compliance with O.C.G.A. § 36-66-4, any such halfway house, drug rehabilitation center, or other facility for the treatment of drug dependency, location or relocation, shall require a public hearing at least six months and not more than nine (9) months prior to the date of final action by the governing authority on any zoning decision (e.g. rezoning, annexation, or special use review). A sign posted on the subject property and a published notice shall contain a prominent statement that the proposed zoning decision relates to or will relocate a halfway house, drug rehabilitation center, or other facility for the treatment of drug dependency. The above public hearing is in addition to the public hearing that may be required nearest to making a zoning decision per the requirements of the governing authorities' applicable zoning procedures and standards ordinance. The latter posted and published notices shall appear at least 15 days and not more than 45 days prior to the date of this public hearing. For either public hearing, the published notice shall be at least six column inches in size and shall not be located in the classified advertising section of the newspaper.

4-6-29

Agritourism and organic farming and processing shall be subject to the following minimum criteria: 1) in both the GA, SA, and R-5 zone districts the minimum tract size shall be five acres; 2) facilities for processing products or those facilities on-site that are supportive of agritourism shall not be located within 100 feet of side or rear property lines, and shall be located in the interior of the property 300 feet or more from the public road R/W; and 3) on-site signage along any public road R/W shall be limited to an unlighted ground sign.

4-6-30

Kennels for boarding and breeding are permitted outright in the C-2 and C-4 zoning districts and are permitted on parcels with a minimum lot size of five acres in the GA and SA zoning districts.

4-6-31

For brewpubs, microbreweries, micro-distillery/wineries, special conditions shall apply as follows:

(1)

an off-street or alley loading dock is required;

(2)

drive through service is not allowed.

4-6-32

Self service storage warehouses or climate controlled are permitted as a special use in the C-3, central business district provided that:

(1)

Such use is prohibited in the local historic district boundary designated within the C-3 zoning district.

(2)

Flammable, explosive, or any hazardous materials are prohibited.

(3)

An interior sign and an exterior sign, each measuring at least one foot by two feet in size, shall be installed at the facility. The signage shall clearly state that hazardous and flammable materials are prohibited within the storage facility.

(4)

Trucks or trailers with cargo space in excess of sixteen feet are prohibited.

4-6-33

Homeless facilities are permitted as a special use in the C-3, central business district and C-4, transitional commercial district provided that:

(1)

Such use is prohibited in the local historic district boundary designated within the C-3 zone district.

(2)

Any homeless facility planned to redevelop and occupy an existing non-residential structure must submit a preliminary site plan.

4-6-34

Wholesale trade, warehouse and distribution facilities are only permitted for existing commercial or industrial structures within the C-4 zone district. No wholesale trade, warehouse or distribution facility in excess of 10,000 square feet will be permitted within the C-4 zone district.

4-6-35

Commercial poultry farming shall be allowed in unincorporated Whitfield County within the general agriculture (GA) district, provided that no structures for housing said animals shall be located closer than 200 feet from any property line, with the following additional requirements:

(1)

All new commercial poultry housing structures shall be constructed on a lot or parcel of a minimum size of ten contiguous acres;

(2)

An additional five acres is required to be added to such lot or parcel for every commercial poultry housing structure constructed after the first two such permitted structures;

(3)

Such use shall be limited to no more than eight individual houses upon any approved lot or parcel regardless of the number of acres;

(4)

Existing operable commercial poultry houses which are not in compliance with this article may be replaced in accordance with article X, [administration, enforcement, and penalties], of the Unified Zoning Ordinance.

Commercial poultry farming shall be allowed within the city limits of Dalton, Georgia and within the city limits of Varnell, Georgia only as a special use within the general agriculture (GA) district. The minimum required lot area for such new uses within the municipalities shall be ten acres. Increased building setbacks, buffers, and other restrictions may result from the special use review. Existing conforming commercial poultry farming buildings may be replaced without the special use review as long as the replacement buildings follow all applicable building, fire, and municipal codes as required.

4-6-36

Commercial swine farming shall be allowed in unincorporated Whitfield County within the general agriculture (GA) district, provided that no structures for housing said animals shall be located closer than 25 feet from any property line and the minimum for such use shall be five acres.

Commercial swine farming shall be allowed within the city limits of Dalton, Georgia and within the city limits of Varnell, Georgia only as a special use within the general agriculture (GA) district. The minimum required lot area for such new uses within the municipalities shall be ten acres. Increased building setbacks, buffers, and other restrictions may result from the special use review. Existing conforming commercial swine farming buildings may be replaced without the special use review as long as the replacement buildings follow all applicable building, fire, and municipal codes as required.

(Ord. No. 23-12, § 1, 6-19-2023; Ord. No. 24-03, § 1, 1-17-2024; Ord. No. 24-13, § 1.2, 5-6-2024; Ord. No. 25-02, § 1, 3-17-2025)

4-7-1

No PUD shall be permitted upon less than 15 total contiguous acres. For purposes of this section, lands bisected by streets, railroads, creeks, or gas/electricity/utility easements can be considered contiguous.

4-7-2

The maximum gross density per acre within the PUD district shall not exceed eight dwelling units per acre.

4-7-3

No manufactured home nor mobile home shall be permitted within the PUD or MU district.

4-7-4

Not less than 20 percent of the total acreage or three acres, whichever is greater, shall be set aside as open space within any PUD district.

4-7-5

No lot or parcel within the PUD district may be served by an on-site sewage management system but shall be served by a public or community sewage treatment system.

4-7-6

If a PUD is proposed to be developed in phases, not less than 80 percent of all lots and/or parcels within the first phase must be sold prior to the issuance of any permit for phase II, and so on.

4-7-7

Any proposed PUD shall provide for the creation of a homeowners' association, which shall provide for mandatory membership by all owners of a lot or parcel within the PUD, ownership of all common areas, and a perpetual maintenance responsibility for all such common areas.

4-7-8

Any minimum lot area and yard requirements may be waived upon the approval of the site plan.

4-7-9

All single family detached dwellings shall be limited to one principal building per lot.

4-7-10

Approval of a PUD site plan does not exempt the PUD from any applicable subdivision regulations.

4-7-11

The only signs that shall be permitted in PUDs are ground signs, window signs, and wall signs.

4-7-12

All building permits shall lapse 12 months after issuance. Building permits may be renewed prior to expiration, for another 12 month period.

(Ord. No. 23-12, § 1, 6-19-2023)