The purpose of this article is to establish and explain land use districts used in this chapter and to divide Dawson County into land use districts.

(Res. of 4-7-2023(1))

Under this chapter, Dawson County is divided into the following land use districts:

(1)

Residential land use districts.

a.

RT residential town (max three dwelling units per gross acre).

b.

RL residential lakefront.

c.

RS residential suburban (max one dwelling unit per gross acre).

d.

RS-2 residential suburban (max two dwelling units per gross acre).

e.

RS-3 residential suburban (deleted category).

f.

RSR residential sub-rural.

g.

RSRMM residential sub-rural manufactured/moved.

h.

RMF residential multiple-family (max six dwelling units per gross acre).

i.

VCR vacation cottage restricted (deleted category).

j.

VC vacation cottage (deleted category).

k.

RA residential exurban/agricultural.

l.

RRE residential rural estate.

m.

RPC residential planned community (max 1.5 dwelling units per gross acre).

n.

RMHP residential manufactured/ mobile home park.

(2)

Commercial land use districts.

a.

C-RB rural business.

b.

C-CB community business.

c.

C-HB highway business.

d.

C-OI office, institutional.

e.

C-HI highway business intensive.

f.

C-IR industrial restricted.

(3)

C-PCD planned comprehensive development (deleted category).

(4)

MUV mixed use village (max 2.8 dwelling units per gross acre).

(Res. of 4-7-2023(1); Ord. of 9-18-2025(1), Exh. A, § 39)

Land use districts are areas of land within the county, which have different standards for development and use. These standards and uses are prescribed in order to provide the citizens of Dawson County with economically sound and stable land development to protect established property values; protect the citizens of Dawson County from fire and health dangers; plan for growth within the county consistent with the ability to provide adequate services to the present and future citizens of Dawson County.

(Res. of 4-7-2023(1))

Agricultural and residential rural estate districts include uses of land primarily for active farming activities and will result in odors, noise, dust, and other effects, which may not be compatible with adjacent single-family development. Future abutting developers in non-RA land use districts shall be provided with a "Notice of RA (or RRE) Adjacency" at the time of application for a building or occupancy permit for property adjacent to an RA or RRE district. Prior to administrative action on either the land use district or the issuance of a building or occupancy permit the applicant therefor shall be required to sign a waiver which will indicate that the applicant understands that a use is ongoing adjacent to his use which will produce odors, noise, dust, and other effects which may not be compatible with the applicant's development. Nevertheless, understanding the effects of the adjacent RA/RRE use, the applicant agrees by executing the form to waive any objection to those effects and understands that his district change and/or his permits are issued and processed in reliance on his agreement not to bring any action (asserting that the adjacent uses in the RA/RRE district constitute a nuisance) against local governments and adjoining landowners whose property is located in an RA or RRE district. Any such notice or acknowledgment provided to or executed by a landowner adjoining a tract in an RA or RRE district shall be a public record.

(Res. of 4-7-2023(1))

(a)

Principal uses.

(1)

A principal use is the specific primary purpose for which a land or building is used.

(2)

Principal uses that are allowed by right or allowed only by special use approval only where approved by the board of commissioners in each land use district are shown on Table 3.1 and Table 3.2.

(3)

In mixed use village district (MUV), uses are allowed through the MUV concept plan review and as listed in article V.

(b)

Accessory and temporary uses.

(1)

An accessory use is a use of a property in conjunction with a principal use. An accessory use is incidental to the principal use and would not exist independent of the principal use.

(2)

A temporary use is a use having a specific duration or the end of which is related to a specific action, usually lasing for only a few days or months at a time.

(c)

Special uses. Principal and accessory uses that are a special use may be granted by the board of commissioner subject to special use approval procedures as set forth in the article X of this code.

(d)

Prohibited uses. Any principal use not specifically permitted by the applicable land use district, whether by right or with approval as a special use, is specifically prohibited, as indicated in Table 3.1 and Table 3.2.

(e)

Fire codes. Greater front setbacks, greater rear setbacks, and greater building separation may be required as established by applicable building or fire codes.

(Res. of 4-7-2023(1))

As found in section 109-87 of the Dawson County Code; the Etowah River corridor protection district provisions are applicable to all areas of land in unincorporated Dawson County within 100 feet horizontally from the riverbank of the Etowah River; downstream from the confluence of the Etowah River and Shoal Creek to the Forsyth County line.

(1)

Dwellings in this district shall be located on a tract of land containing at least two acres.

(2)

The size of the tract of land shall not include any area that lies within the protected river; that is, for tracts of land that include portions of a protected river, the area between the riverbanks cannot be counted towards the two-acre minimum size.

(Res. of 4-7-2023(1))

(a)

All land development activity in Dawson County shall meet the following requirements.

(1)

An undisturbed natural vegetative buffer shall be maintained for 50 feet, measured horizontally, on both banks (as applicable) of state waters as measured from the top of the bank.

(2)

No septic tanks or septic tank drain fields shall be permitted within the undisturbed buffer.

(Res. of 4-7-2023(1))

The residential density of a site is expressed in dwelling units per acre of land. The ability to achieve the permitted density may be further restricted by site conditions, environmental constraints, district regulations, or conditions of rezoning.

(Res. of 4-7-2023(1))

[The RAC district has been removed.] No applications to rezone property to this district will be heard by the planning commission or the board of commissioners, however other public hearing applications and development permits within those districts shall be accepted. Residential agriculture corrective status is a recognition of properties located within the residential agriculture (RA) district consisting of at least 1½ acres, but less than five acres that were subdivided from larger RA zoned parcels, without the benefit of an approved and recorded plat, in order to allow the building of a single-family thereon and other compatible uses as defined herein.

(1)

Eligibility requirements.

a.

Parcels to be rezoned to residential agriculture corrective status shall be a minimum of 1½ acres and less than five acres.

b.

Parcels must have been zoned RA as of August 6, 2020.

c.

To be eligible for the residential agriculture corrective designation a parcel must have been created prior to August 6, 2020.

(2)

Permitted principal uses.

a.

Principal uses that are allowed by right or by special use approval are those listed on Table 3.1. for the RA district.

b.

Restrictions that apply to particular uses allowed by right or special use approval in the RA district are referenced on Table 3.1 and are contained in section 121-75 of this article.

(3)

Allowed accessory uses.

a.

The following uses are permitted when compatible with residential uses in a limited area, agriculture, floriculture, horticulture, silviculture, cultivation of field or garden crops, raising and caring for livestock, or similar uses.

b.

Customary and essential accessory farm buildings to include barns and other livestock structures, storage sheds, and roadside stands not greater than 100 square feet for the sale of products grown on that property only.

c.

Accessory structures shall be no larger than the footprint of the primary structure or one-half the gross square footage, whichever is greater.

d.

Home occupations are allowed if requirements in article VI, section 121-181 are met; and the parcel is equal to or greater than three acres in size.

(4)

Prohibited uses.

a.

Any principal use not shown on Table 3.1 as allowed in a zoning district, whether by right or with approval as a special use, is specifically prohibited.

b.

All uses other than for single-family residential purposes or such uses that are compatible and approved accessory uses are expressly prohibited.

c.

The use of an accessory building for a home occupation is prohibited on properties less than three acres in size.

d.

Non dwelling type structures shall not be connected to utilities and used as a dwelling. Non dwelling structures include, but are not limited to: campers, travel trailers, recreational vehicles, motor homes, busses, boats, storage buildings, shipping containers, and tiny houses. A tiny house is a product that does not meet the residential code standards of a conventional, site-built residence.

(5)

Building requirements. The building requirements of parcels determined to be residential agriculture corrective are as set forth for the RA district in Table 3.2.

(Res. of 4-7-2023(1); Ord. of 9-18-2025(1), Exh. A, § 40)

The purpose of the entertainment overlay district is to encourage entertainment, retail, restaurant, and other regional activity center uses within a defined commercial area of Dawson County. The district is intended to create an opportunity to offer a variety of amenities to the public and visitors in a single physical location, promoting pedestrian use.

(1)

District boundaries. The boundaries of the entertainment overlay district shall be coterminous with the following parcel: Parcel ID 114 004.

(2)

Underlying land use regulations. Within the entertainment overlay district, land and structures shall be used in accordance with the standards of the underlying land use district. Whenever provisions of this article conflict with any other section in this land use resolution or any other county ordinances, regulations, or the standards set forth in this article shall prevail.

(3)

Mobile food service units. Notwithstanding anything contrary to the underlying land use district regulations, mobile food service units are allowed to operate within the entertainment overlay district subject to the restrictions and requirements of this section.

a.

Motor vehicle tag. A mobile food service unit must have a valid tag from the state's division of motor vehicles.

b.

Food service rules. As applicable, mobile food service units shall operate according to the State of Georgia's Rules and Regulations Food Service, Chapter 290-5-14, Manual for Design, Installation, and Construction, Section U, Special Food Service Operations, as amended.

c.

Licensing. The operator of a mobile food service unit shall apply for a license or permit as may be required by the Dawson County Health Department. The applicant shall submit evidence of health department approval before authorization by the community development department. No mobile food service unit shall operate without a health department permit or approval.

d.

Additional operational constraints.

1.

Mobile food service units shall be parked and operated in walkways or interior areas, not in a parking lot.

2.

The location and set up of mobile food service units are subject to all applicable safety codes (e.g., use of propane or generators; pedestrian safety).

3.

There shall be no more than eight mobile food service units on-site.

4.

No mobile food service unit shall be permitted to operate a vehicular drive-through facility or drive-up window.

(4)

Organized entertainment. Notwithstanding anything to the contrary in the underlying land use district regulations, artistic performances and other forms of organized entertainment are allowed within the entertainment overlay district, subject to all applicable provisions of the Dawson County Code, including, but not limited to, land use, health, safety, and alcohol regulations. A county special event permit shall be required per standards of section 34-31 and issued by the Dawson County Community Development Department.

(5)

Signs. In the entertainment overlay district, the maximum number of wall signs allowed per tenant space shall be three. Freestanding signs shall have a monument base of masonry. The maximum number of freestanding signs shall be five. Freestanding signs shall be no taller than 25 feet and shall have a maximum sign area of 400 square feet. Signs placed in the public road right-of-way shall be prohibited and shall be subject to immediate removal.

(6)

Special use. In the entertainment overlay district, if a proposal does not meet the development standards (setbacks, height maximum, etc.) or use limitations of the underlying land use district, an applicant may apply for a special use application. Prior to submittal of a special use application, the applicant must submit a concept site plan completed by a civil engineer to the community development director or his or her designee, who shall schedule a pre-application meeting to obtain input from applicable department representatives (GDOT, public works, fire, utilities).

(Ord. of 3-7-2024(3); Ord. of 9-18-2025(1), Exh. A, § 40)