The purpose of this article is to support general requirements of this chapter to include uses prohibited in Dawson County; setback, screening, and buffer and clear vision requirements; access requirements; conditional and nonconforming uses; and maintenance of minimum resolution requirements.

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

To protect the health, welfare, and safety of the residents of Dawson County, the following uses shall not be permitted in any district in Dawson County:

(1)

Manufacture of hydrochloric, nitric, sulfuric, or picric acids, or other products, which, in case of accidental release, are hazardous to life.

(2)

Production of chlorine or other noxious gases.

(3)

Distillation of bones, rendering or refining of fats, oils, or animal parts.

(4)

Dumping or reduction of garbage, dead animals, or offal, other than at county-operated sanitary landfills according to Georgia Department of Public Health regulations and Department of Agriculture regulations. Dead farm animals, including poultry, will be disposed of according to appropriate regulations on the owner's property, if known.

(5)

Manufacture of explosives or storage of more than 100 pounds of explosives.

(6)

Manufacture of fertilizer.

(7)

Storage or dumping of hazardous, toxic, or radioactive wastes.

(8)

Hair, glue, or leather manufacture.

(9)

Smelting of tin, copper, zinc, or iron ores.

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

(a)

Building setback requirements are established to provide for minimum distance from adjacent structures and property lines, minimum distance from streets and highways, clear vision at road intersections, and safe distances from hazards.

(b)

No structure shall be less than 20 feet from an adjacent structure unless constructed with common or contiguous walls such as may occur in townhouses, condominiums, apartments, and structures shall comply with the provisions of International Building Code with Georgia amendments.

(c)

Building setbacks are established according to Tables 3.1 and 3.2 unless otherwise noted in each respected district

(d)

A clear vision area shall be maintained on the corners of all property at intersection of two streets or a street and a highway. A clear vision area shall contain no planting, fence, wall, sign, structure, or temporary or permanent obstruction exceeding 36 inches in height.

(e)

Trees with branches and foliage shall be removed to a height of eight feet above the ground at grade level.

(f)

Light trespass from commercial or industrial use—Prohibited. Outdoor lighting of commercial or industrial land uses shall be fully shielded to preclude light pollution or light trespass more than the maximum allowed foot-candles.

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

Every lot shall abut a street or other public or privately maintained roadway for at least 30 feet. Where lots are five acres or more, or are exempted from subdivision requirements, a minimum easement of 30 feet for ingress and egress and utilities must be provided to a public road. No property owner shall be deprived of access to his property. Access easements acquired before the enactment of this resolution may be 20 feet wide and property before the effective date of this resolution with at least 20 feet of frontage shall, as an exception, not be required to acquire additional frontage where the necessary property to acquire 30 feet is owned by another person.

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

No person shall, by deed, gift, or other conveyance, reduce the lot size under minimum requirements unless given for public use.

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

Special uses are those uses that are authorized by the land use resolution but are allowed only upon condition that they are approved by the board of commissioners subject to meeting certain standards or conditions.

Special uses may be granted with conditions subject to special use approval following the procedures for amendments as set forth in article X and with consideration of additional review criteria that may be established in this chapter.

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

The provisions of this article are designed to provide for the continuation and within a suitable period elimination of existing uses of property that do not conform to the requirements of this ordinance or that may not conform to future amendments accomplish this intent. Nonconformity is a characteristic of a building, structure, or area of land, or the use of such building, structure, or area of land, which was lawful prior to the date of enactment of this ordinance or any amendment thereto that does not conform to the requirements applicable to the land use district, in which it is located. Minimize the nuisance, reduction in neighboring property values, and other adverse effects of properties that do not conform to their environs. The provisions of this article allow the property owner or lessee to recover all or a substantial part of his or her investment in the nonconformity, while also minimizing the time period during which, by virtue of the nonconformity, he or she enjoys a special right not available to other property owners in the same zoning district.

(1)

Continuance of nonconforming uses. The lawful use of any building, structures, land, or sign existing at the time of the enactment or amendment of this ordinance may be continued, even though such use does not conform with the provisions of this ordinance, except that the nonconforming use shall not be:

a.

Changed or extended to increase the portion of the property covered by the nonconforming building, structure, or sign on which the nonconforming use occurs.

b.

Extended to occupy a greater area of a building or structure unless such additional area of the building or structure existed at the time of the enactment or amendment of this ordinance and was clearly designed to house the same use as nonconforming use occupying the other portion of the building or structure.

(2)

Discontinuance of nonconforming uses. Any nonconforming use which is discontinued for a continuous period of one year shall not be resumed, and the premises shall be occupied only by a use which conforms to the use regulations of the district in which it is located.

(3)

Continuance of a nonconforming building. A nonconforming building existing at the time of the enactment or amendment of this ordinance may be retained except as follows:

a.

No building other than a single-family detached dwelling may be enlarged or altered except in conformance with this ordinance but it may be repaired to the extent necessary to maintain it in a safe and sanitary condition.

b.

No building other than a single-family detached dwelling shall be rebuilt, altered, or repaired after damage exceeding 75 percent of the total square footage of the residence at the time of destruction, except in conformity with this ordinance. Repairs and alterations necessary in the ordinary course and operation of a building or structure may be made to a nonconforming building or structure, except that no structural alterations shall be permitted, unless such structural change is for the purpose of conforming with the use of a nonconforming use, or to introduce new nonconforming uses are prohibited.

c.

A nonconforming sign shall not be replaced by another sign, except within the provisions of this article. The substitution or interchange of poster panels, boards or the like on nonconforming signs shall be permitted. Minor repairs and maintenance of nonconforming signs, such as repainting, electrical repairs and neon tubing shall be permitted. However, no structural repairs or changes in the size or shape of the sign shall be permitted except to make the sign comply with the requirements of this article.

d.

A single-family residence may be rebuilt or replaced with the following limitations. A county permit for a conventional site-built single-family house or a manufactured home may be issued within one year or less of the date of demolition of the existing residence or date that the residence is moved off the property. The replacement single-family residence shall meet current county code standards including, but not limited to, minimum size and setbacks. After one year of property vacancy, the property shall meet all current use standards.

(4)

Discontinuance of nonconforming building. When the nonconforming use of a building, structure, or portion of a structure, which is designed or intended for a use not permitted in the district in which it is located, is discontinued for a continuous period of one year, such building, structure, or portion of that shall be occupied only by a use which conforms to the use regulations of the district in which it is located.

(5)

Change of nonconforming use. The nonconforming use of any building, structure, or portion of that which is designed or intended for a use not permitted in the district in which it is located, may not be changed to another nonconforming use.

(6)

Enlargement of nonconforming uses. There shall be no extension or enlargement of a nonconforming use.

(7)

Enlargement of nonconforming buildings. When a building, structure, or portion of that, is designed or intended for a use not permitted in the district in which it is located, it shall not be enlarged, added to, or structurally altered in any manner except as may be required by law, unless the said building or structure and use of that shall be made to conform to the use regulations of the district in which it is located.

(8)

Moving. No nonconforming building or structure shall be moved in whole or in part to any other location on the lot, except as required by law, unless every portion of such building or structure which is moved has the use if that made to conform to all the regulations of the district in which it is located.

(9)

Nonconforming uses—Accessory uses. A nonconforming use of land which is accessory to the nonconforming use of a building or structure shall be discontinued on the same date the nonconforming use of the building or structure is discontinued.

(10)

Use of a portion of a lot shall not establish a nonconformity as to the entire lot, but only to that portion of the lot actually used at the time of the enactment or amendment of this ordinance.

(Res. of 4-7-2023(1); Ord. of 9-18-2025(1), Exh. A, § 45)

Except and unless otherwise specifically provided, this section shall apply only to properties located within the non-residential and RA zoning districts.

(1)

Off-street automobile parking and loading spaces shall be provided, as specified in this section, for uses and structures hereafter established in the RA and all commercial districts at the time of initial construction of any principal building, unless otherwise exempted from this chapter. For developments phased in timing, parking, and loading requirements may also be phased in accordance with the requirements applying for each particular time phase of development.

(2)

Any building or use that is subsequently enlarged or converted to another use shall meet the off-street parking and loading space requirements of this section, for the enlarged or new use.

(3)

Required parking and loading spaces shall be maintained and shall not be encroached upon by refuse containers, signs, or other structures, unless an equal number of spaces are provided elsewhere in conformance with this chapter.

(4)

Required parking and loading spaces shall be provided with vehicular access to a public street or alley unless such access is prohibited by this chapter.

(5)

Off-street parking and loading facilities required shall be located on the same lot as the principal building or use.

(6)

Parking lot areas shall be designed to ensure a safe flow of traffic in the business, safe travel of pedestrians, bicyclists, and delivery vehicles.

(7)

On-street parking is permitted if presented as part of a comprehensive streetscape design for master planned developments.

(8)

The landscape design of the parking area shall maximize natural areas to optimize natural infiltration.

(Res. of 4-7-2023(1); Ord. of 9-18-2025(1), Exh. A, § 45)

The minimum number of required off-street parking spaces for each type of permitted use shall be as indicated below. For uses not specifically listed, the off-street parking requirements shall be those of the most similar use as determined by the community development director. The director may also reference the latest, ITE parking study. When the application of these parking requirements results in a fractional space requirement, the fractional space requirement shall be construed to mean one additional space.

Table 3.4 Minimum and Maximum Number of Required Off-street Parking Spaces

Number of parking spaces. The maximum and minimum number of spaces are to be provided in the following amounts per 1,000 square feet (sf) of gross floor area (GFA):

(1)

Reserved.

(2)

Shared parking on adjacent property. Flexible parking design, to include shared parking arrangements, are allowed.

(3)

Pervious parking. Gravel parking surfaces may be permitted for uses which require parking an average of less than three days per week during a month; places of worship (not schools); and outdoor recreational facilities with low parking demand. Pervious parking pavers are permitted for all uses. Any conversion from pervious parking to impervious parking surfaces requires the approval of the county engineer and may require additional site modifications.

(4)

Automobile screening. Parking areas shall be screened from public view with evergreen shrubs. Shrubs shall be no less than three feet in height as measured from the top of curb of the parking area.

(5)

Accessory uses of parking lots and loading areas. Parking and loading areas shall not be used for the sale, storage or repair or dismantling of any equipment, materials, or supplies. Semi-tractor trailers may not be used for on-site sales.

(6)

Accessible parking spaces. Accessible parking spaces shall comply with all requirements of the State of Georgia.

(7)

Parking space and aisle specifications. Parking space and aisle specifications shall follow the Dawson County Code, with the exception that the percentage of compact auto parking spaces, may equal up to 30 percent of the entire parking area.

(8)

Service, refuse collection and dumpsters. Service areas, storage areas, and refuse enclosures shall be oriented away from view from the right-of-way and screened from public areas. Service areas and loading areas shall be separated from the primary vehicular and pedestrian circulation areas. All refuse enclosures shall be enclosed on three sides by a brick, masonry, or cement wall. Chain link fencing is prohibited.

(Res. of 4-7-2023(1); Ord. of 9-18-2025(1), Exh. A, § 45)

Stacking capacity requirements:

(1)

Each stacking space shall be a minimum of nine feet in width and 18 feet in length.

(2)

Drive-through lanes must be striped and marked.

(3)

Pedestrian paths that cross a drive-through aisle shall use a raised platform and be marked with symbols, signage and/or special painting.

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

Accessible parking spaces shall comply with all requirements of the Department of Justice ADA requirements.

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

(a)

On the same lot with every building, structure or part thereof, erected or occupied for manufacturing, storage, warehouse, truck freight terminal or single unit retail or wholesale store over 5,000 square feet or other uses similarly involving the receipt or distribution of vehicles, materials or merchandise, there shall be provided and maintained on the lot adequate space for the standing, loading and unloading services to avoid undue interference with public use of streets and alleys.

(b)

Uses more than 5,000 square feet shall provide loading spaces according to the following schedule:

For the above-described uses, one loading space minimum shall be provided. For multi-unit structures one loading space per every five units shall be provided.

(c)

Loading space size requirements:

(1)

Each loading space shall be a minimum of 12 feet by 60 feet, with a 14-foot height clearance.

(2)

Loading spaces must be marked and placed separate from access drives.

(3)

All plans for off-street loading areas shall be subject to the approval of the planning department.

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

(a)

All parking areas having more than five spaces shall meet the following requirements:

(1)

They shall be graded to ensure proper drainage with curb and gutter installed as required to facilitate stormwater management, surfaced with concrete or asphalt, and maintained in good condition free of obstructions.

(2)

Parking areas shall not be used for the sale, repair, dismantling or servicing of any vehicle, equipment, materials, or supplies.

(3)

Each parking area shall be clearly marked, and directional arrows or signs shall be provided wherever necessary. Markers, directional arrows, and signs shall be properly maintained at all times.

(4)

A parking lot pavement setback of ten feet from any public street right-of-way and 20 feet from any exterior property line shall be provided, except where access points and interconnections to other parcels have been approved.

(5)

Outdoor lighting facilities. Illumination at the property line shall be 0.0 fc to when lighting is located next to a residential land use district.

(6)

No light source shall be located closer than 15 feet from any property line, except pedestrian, sign, and landscape low voltage lighting shall be allowed within 15 feet of the property line along rights-of-way. Full cut-off fixtures shall be required.

(7)

A site plan indicating property lines, parking areas, location of parking spaces, landscaping, pavement setbacks, drainage facilities, paving materials, access, lighting plans, and other features required to ensure compliance with this article shall be submitted to the planning and development department as part of the application for land disturbance permit. A permit shall be required prior to the construction of new parking areas, or for the expansion or alteration of existing parking areas.

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

Refer to the Dawson County Buffer, Landscape and Tree Ordinance for design specifications.

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

(a)

Access from public streets to all parking areas for any permanent or temporary uses, buildings and/or structures, regardless of the number of parking spaces provided, shall meet the following requirement:

(b)

No more than two curb cuts or access breaks shall be permitted for any lot or parcel with a frontage of 200 feet or less on any one street.

(c)

All other curb cut and access specification requirements shall comply with Dawson County Driveway Construction and Permitting Ordinance as amended and regulated by the Public Works Director of Dawson County.

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

All parking spaces installed within parking areas regulated by section 121-174 shall meet the following size requirements:

(1)

All standard spaces shall have a minimum width of nine feet.

(2)

All standard spaces that are installed 90 degrees off of the curb shall have a minimum stall depth of 18 feet.

(3)

All standard spaces that are installed 60 degrees off of the curb shall have a minimum stall depth of 20 feet.

(4)

All standard spaces that are installed 45 degrees off of the curb shall have a minimum stall depth of 20 feet.

(5)

All standard spaces that are installed 30 degrees off of the curb shall have a minimum stall depth of 18 feet.

(6)

All parallel parking spaces shall have minimum width of nine feet off the curb and a minimum length of 22 feet. (Stall depth is defined as a measurement at 90 degrees from the curb to the end of the parking space striping.)

(7)

Compact parking spaces shall be at least eight feet in width and 15 feet in depth.

(8)

Aisle widths in parking areas regulated by section 121-174 shall meet the following requirements:

a.

The minimum aisle width for spaces installed 90 degrees off curb shall be 24 feet.

b.

The minimum aisle width for spaces installed 60 degrees off of curb shall be 18 feet for one-way traffic and 20 feet for two-way traffic.

c.

The minimum aisle width for all other spaces shall be 14 feet for one-way traffic and 20 feet for two-way traffic.

d.

Spaces installed 90 degrees off of curb shall not be allowed on thru streets or aisle unless presented and approved as part of a comprehensive streetscape design for a master planned development.

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

The following allowances and modifications to lots of record can be made, or are deemed to be made by certain actions:

Although a lot may not contain sufficient land area, width or lot frontage to meet the minimum lot size requirements of this resolution, as amended, such lot may be used as a building site if the lot is part of a plat approved by Dawson County in accordance with land subdivision requirements, which has been recorded in the records of the clerk, all other requirements of the district are met and that building plans are consistent with all state and local health codes.

All building setbacks, buffers, stream buffers or other development standards required by this chapter and/or other County or State regulations, which have been delineated and documented on a recorded plat approved by Dawson County in accordance with land subdivision requirements, shall be upheld as the minimum requirements for any permits issued for development upon the area of land encompassed within such plat.

Example A: Parcel A conforms, Parcel B has nonconforming lot size.

(1)

The line between two adjoining lots of record that are nonconforming as to lot size may be modified only such that neither lot becomes smaller. If a nonconforming lot of record adjoins a lot that meets or exceeds lot size standards, then the line may be modified only such that the nonconforming lot does not become smaller, and the conforming lot is not made nonconforming.

Example B: Re-plat of both lots such that Parcel A is the same size & Parcel B is not smaller.

(2)

If a building is proposed for construction across the line between two lots of record under the same ownership that are nonconforming as to the lot size or frontage, then the lots shall be resurveyed and recorded to be combined. If a building is proposed for construction within a setback between two lots of record under the same ownership that are nonconforming as to lot size or frontage, then the lots must either be resurveyed and recorded to be combined, or a request for a setback variance may be considered.

Example C1: Same owner for both parcels Requires re-plat of property to remove separation.

Example C2: Same owner for both parcels. Proposal to build in setback of one parcel requires re-plat or variance approval. C2. A lot that is nonconforming in one dimensional criterion, but conforming to other criteria, may be modified such that the conforming criteria is rendered nonconforming, and the nonconforming criteria is not made nonconforming to a greater extent. For example, if a nonconforming lot of record has less than the required lot frontage, but has excess lot area, then the lot area can be reduced if the lot maintains the minimum lot area. However, the lot frontage cannot be reduced.

Example D1: Existing lot with less than required lot frontage, but more than the minimum acreage required.

Example D2: Existing lot with new side lot line and minimum required acreage. Note: No change in Lot Frontage.

(3)

Reserved.

(4)

If a legal lot of record is resurveyed for combination, line change or other alteration in accordance with this section and recorded with the clerk of court's office, then; the most recent recorded plat takes precedence and shall be considered the new lot of record.

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

Concept plan and site plan amendments are broken down into two categories, major amendments, and minor amendments.

(1)

Major amendments in the case of a rezoning will require a resubmission and review by the planning commission members and the board of commissioners. All others require the approval of the planning director. Major amendments include, but are not limited to:

a.

Reduces the amount of open space.

b.

Increases the density proposed.

c.

Increases the square footage of the commercial development by 15 percent or greater.

d.

Changes the location of collector, arterial or commercial streets.

e.

Relocates active amenity area or active open space to exterior of the project.

f.

Has an adverse effect on adjoining properties.

g.

Requires exemption or relief from a previously approved stipulation.

(2)

The planning director may approve minor amendments. Minor amendments include anything less than major amendments and include but are not limited to:

a.

Changes to the location of minor or residential streets.

b.

Relocation of passive open space.

c.

Adjusts lot lines not resulting in new lots.

d.

Increase passive open space.

e.

Reduce the approved density.

f.

Increases the square footage of the commercial development by less than 20 percent.

g.

Decrease the commercial square footage of an approved development by less than 20 percent.

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

(a)

Administration and enforcement. Any person not complying with any provision of the Dawson County Business License Ordinance may be subject to article XII of this chapter and may be punished by a maximum fine of $1,000.00, as well as penalties imposed within the business license ordinance.

(b)

Any licensee failing to comply with this section shall have the business license revoked in accordance with Dawson County Business License Ordinance, chapter 30. If a business license application involves a home occupation and is denied by the planning director, then the applicant may file an appeal in accord with article IX of the Land Use Resolution of Dawson County. The approval for a home office or home occupation shall not "run with the land" and shall terminate with a change in location or ownership of the home office or home occupation or ownership of the premises.

(c)

A home occupation is any business, occupation, or activity undertaken for gain or profit within a residential district, except agriculturally related uses, within a residential structure that is incidental and secondary to the use of that structure as a dwelling unit or within an accessory structure that is incidental and secondary to the use of that structure as attendant to a dwelling unit. A home office is an office use carried on by the occupant thereof that is incidental and secondary to the use of the structure as a dwelling unit that includes, but is not limited to, receiving or initiating correspondence, such as phone calls, mail, faxes or e-mail; preparing or maintaining business records; word and data processing; and telephone, mail, order, direct sales (by invitation only), and off-premises sales.

(1)

Permitted home offices. The following activities are permitted as home offices. Offices of professionals including, but not limited to, architects, brokers, counselors, clergy, draftspersons and cartographers, engineers, insurance agents, lawyers, real estate agents, accountants, editors, publishers, journalists, psychologists, contract management, graphic design, construction contractors, landscape design, surveyors, cleaning services, salespersons and manufacturer's representatives, and travel agents conventional office uses carried on by the occupant that is incidental and secondary to the use of the structure as a dwelling unit.

(2)

Exception to business license requirement—Secondary offices. A home office in a residential district that is an ancillary office and that is not the primary location for the business of the home office; such ancillary location shall not be required to have a business license issued by Dawson County if the business activity is subject to a business license issued by Dawson County for another location, or if a business license has been issued for another location by some other jurisdiction in the United States.

(3)

Permitted home occupations. The following activities are permitted as home occupations:

a.

"Cottage food operators" as defined and licensed by the Georgia Department of Agriculture.

b.

Personal services, including single chair barber shops, single chair beauty parlors and manicure and pedicure shops, pet grooming, catering, taxidermy services, and chauffeur services.

c.

Instructional services, including music, dance, art and craft classes, tutoring, and outdoor instruction to include tennis lessons, and swimming lessons.

d.

Babysitting services, day care homes.

e.

Studios for artists, sculptors, musicians, photographers, and authors.

f.

Workrooms for tailors, dressmakers, milliners, and craft persons, including weaving, lapidary, jewelry making, cabinetry and wood working.

g.

Repair services, including watch and clock, small appliances, computers, and electronic devices.

h.

Upholstery services if and only if an accessory building on a minimum of three acres may be used for the home occupation.

This list may not be all-inclusive. The community development director shall decide whether an unlisted business is substantially similar to a permitted use based upon the proposed business activity. A maximum of two home occupations may be granted to the same residence.

(4)

Prohibited home occupations. The following activities are prohibited as home occupations:

a.

Kennels, stables, veterinarian clinics/hospitals.

b.

Outside obedience training of animals.

c.

Medical and dental clinics/hospitals.

d.

Restaurants, clubs, drinking establishments.

e.

Motor vehicles sales, or storage.

f.

Repair and service of small internal combustion motors for powered lawn equipment, motorcycles, scooters, all-terrain vehicles, boat motors or construction tools and equipment powered by internal combustion motors; medium and large engine repair.

g.

Undertaking and funeral parlors and crematoriums: Human or animal cremation facilities.

h.

Sales of goods to the public from the premises.

i.

Adult business uses (see Dawson County Adult Business Establishment Ordinance).

j.

Private clubs.

k.

Warehousing and/or storing of material not directly used in a licensee's home occupation.

l.

Automotive services.

m.

Manufacturing processes, including, but not limited to, the production of goods industrially, making something into a finished product on a large scale, or producing something with machines in an industrial manner.

(5)

Operational standards for home offices:

a.

Operating hours. Customer/client visits to the home office are limited to the hours from 8:00 a.m. to 8:00 p.m. with no more than ten customer/client visits per day. No more than two customer/client vehicles, with no more than five customers/clients, are permitted on-site at any one time.

b.

Use Limitations. The home office must be entirely contained within the principal residence. Business activity must be incidental and subordinate to the existing residential use of the building. No retail sales, warehousing, or industrial activity is permitted on-site, excluding online sales.

c.

Employees. The number of non-resident employees on site at any one time shall be limited to one. Employees not residing on the premises are prohibited from congregating or gathering at the home office. There is no limit to the number of remote/off-site employees, provided they do not report to or work from the home office.

d.

Vehicles. The home office shall be limited to the parking/storage of one commercial vehicle on the premises, not exceeding a one-ton capacity. Any commercial vehicle shall be stored such that the vehicle is not visible from a public street. Parking for all customers/clients/employee shall be restricted to the premises and shall not be permitted on public rights-of-way. The home office must accommodate on-site customer/client/employee parking. No vehicles or other receptacles used for the collection, carrying, storage or transport of commercial garbage, waste, trash or recycled material shall be parked or stored on the property. Examples of a commercial vehicle would include, but not be limited to, a heavy truck intended for the loading/hauling of materials and a vehicle designed for towing semi-trailers (tractor-trailer trucks). A passenger vehicle such as a Ford F-150 truck; Honda Civic car; or Toyota RAV-4 sport utility vehicle would not count as a commercial vehicle.

e.

Delivery vehicle. Deliveries are limited to passenger vehicles, mail carriers, and express carriers such as UPS and FedEx.

f.

Nuisances. A home office may not result in any noise, vibration, dust, smoke, odor, glare or heat detectable beyond property lines. A home office may not produce any electrical or magnetic interference. A home office may not consume utilities at a rate that adversely impacts service to neighboring properties. A home office may not store or use hazardous materials in quantities exceeding those permitted by residential zoning regulations.

g.

Appearance. There shall be no exterior indication of the home office or variation from the residential character of the principal use. Special accessibility such as access ramps may be constructed in order to conform to building codes. No outside displays of sales items, products, or services may be used. All material stored on premises for the use of the home office shall be stored inside a building. All accessory structures shall meet the requirements set forth by the residential zoning regulations.

h.

Ownership. The business owner of the home office request shall occupy the dwelling as a principal residence.

(6)

Operational standards. The following are operational standards for home occupations:

a.

Operating hours. Customer/client visits to the home occupation are limited to the hours from 8:00 a.m. to 8:00 p.m. The home occupation shall not generate more than ten customer/client visits in any one day nor more than five customers/clients at any one time nor more than two customer vehicles at any one time.

b.

Employees. The home occupation shall have no more than one non-resident employee on the premises at any one time. The number of nonresident employees working at locations other than the premises of the home occupation is not limited.

c.

Off-premises employees. Employees of the home occupation shall not congregate on the premises for any purpose concerning the home occupation.

d.

Vehicles. The home occupation shall be limited to the parking/storage of one commercial vehicle on the premises, not exceeding a one-ton capacity. Any commercial vehicle shall be stored such that the vehicle is not visible from a public street. Parking for all customers/clients/employee shall be restricted to the premises and shall not be permitted on public rights-of-way. The home occupation shall allow for on-site customer/client/employee parking. Examples of a commercial vehicle would include, but not be limited to, a heavy truck intended for the loading/hauling of materials and a vehicle designed for towing semi-trailers (tractor-trailer trucks). A passenger vehicle such as a Ford F-150 truck; Honda Civic car; or Toyota RAV-4 sport utility vehicle would not count as a commercial vehicle.

e.

Delivery vehicle. Goods delivered to the home occupation business are limited to passenger vehicles, mail carriers, and express carriers such as UPS and FedEx.

f.

Nuisances. The equipment used by the home occupation and the operation of the home occupation shall not create any vibration, heat, glare, dust, odors, or smoke discernible at the property lines at any time and shall not generate any discernible noise at the property lines from 8:00 p.m. to 8:00 a.m. and shall not create any electrical, magnetic or other interference off the premises, consume utility quantities that negatively impact the delivery of those utilities to surrounding properties, or use and/or store hazardous materials in excess of quantities permitted within residential structures.

g.

Appearance. There shall be no exterior indication of the home occupation or variation from the residential character of the principal use. Special accessibility such as access ramps may be constructed in order to conform to building codes. No outside displays of sales items, products, or services may be used. All material stored on premises for the use of the home occupation shall be stored inside a building. All accessory structures shall meet the requirements set forth for the residential district. The following shall not be permitted to be stored outside of a principle or accessory structure: equipment, materials or other products used as part of the home occupation.

h.

No vehicles or other receptacles used for the collection, carrying, storage or transport of commercial garbage, waste, trash or recycled material shall be parked or stored on the property.

i.

Ownership. The business owner of the home occupation request shall occupy the dwelling as a principal residence.

(7)

Accessory buildings for home occupation use. The use of an accessory building for a home occupation shall be permitted in residential districts on lots equal to or greater than three acres in size, except for RS-2, RS-3, RT and RMF. One accessory building per parcel shall be allowed for home occupation use.

a.

Lot size. The use of an accessory building for a home-based business shall be prohibited on parcels less than three acres in all residential districts; except for RS-2. RS-3, and RMF where it is prohibited to use an accessory building for a home occupation.

b.

Home occupations may operate in an accessory building used for other purposes, but the maximum square footage used for the home occupation may not exceed the limit set forth in subsection (f)(6).

c.

The setbacks for all accessory buildings for use in connection with a home occupation shall meet the district setback requirements of the primary residence.

d.

Accessory building size. The use of an accessory building, where permitted, for a home-occupation shall be limited to 1,800 square feet and shall not exceed the height of the principal residence.

e.

Access to the accessory structure utilized for a home occupation shall be from the same driveway as the principal residence.

(8)

Size of residence used as home-based business. No more than 25 percent of the interior heated space of a residence/home shall be used for a home occupation.

(9)

Signs.

a.

The maximum size of a permanent sign is three square feet.

b.

Only one permanent sign is allowed.

c.

The permanent sign shall be affixed no higher than six feet from the first-floor level to the home or to the accessory building used for home occupation.

d.

The permanent sign shall not be lighted.

(10)

Notification. At least ten days before issuance of an occupational license for a home occupation, the applicant or licensee shall mail, by certificate of mailing forms provided by the county to notify all adjacent and adjoining property owners per county tax assessors records as of the date of the application. The licensee shall provide proof of certificate of mailing to county staff as to the completion of this notification before issuance of an occupational license for a home occupation. The ten days shall be counted from the date of mailing of the notice. Notification shall include, at minimum, what type of home occupation the licensee is requesting, when the home occupation may begin, the nature of the occupation, and the hours of operation. Before issuance of an occupational license for a home occupation, the licensee shall submit forms provided by the county to notify, in writing, all adjacent property owners. The licensee shall provide documentation as to the completion of this notification. Notification shall include, at minimum, what type of home occupation the licensee is requesting, when the home occupation may begin, the nature of the occupation, and the hours of operation.

(11)

Nonconforming use. Home-based businesses that hold and continue to maintain a valid business license on the effective date of this chapter shall be permitted to continue the operation as licensed as a nonconforming use if such business does not comply with the terms hereof until the form of the business changes or the ownership of the business changes or any portion of the property changes ownership.

(Res. of 4-7-2023(1); Ord. of 9-18-2025(1), Exh. A, § 46)

New cemeteries. Cemeteries for human interment are required to meet the following minimum requirements:

(1)

Minimum lot size of five acres, except for church cemeteries. Private family plots shall have at least one-fourth acres devoted to such use and platted accordingly.

(2)

All graves or burial lots shall be set back not less than 50 feet from any property line or street right-of-way lines.

(3)

An access easement to the gravesites shall be shown on the property plat. If the land is sold, subdivided or in any other way is received into ownership or control by a nonfamily member, then the owner shall allow the right of access for visitation over, across, and through the access easement shown on the plat.

(4)

Unless already platted and recorded in the clerk of court's office, new burial plots or cemeteries shall not be utilized unless a plat has been reviewed and approved.

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