Dawson County Unincorporated
City Zoning Code

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. 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 with limitations. The nonconforming use shall not be changed or extended to increase the portion of the property covered by the nonconforming building, structure, or sign on which the nonconforming use occurs. As an example, a nonconforming use of property shall not be expanded. An application for a county permit for a building addition for a nonconforming use shall not be allowed.

(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. As an example, a nonconforming commercial use of residential or agricultural zoned property shall not be reactivated after one year or more of vacancy. If a nonconforming commercial use holding an active county business license (occupational tax certificate) on a residential or agricultural zoned property lapses with no active county business license for one year or more, a new county business license shall not be issued as the use would then be prohibited.

(3)

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

a.

No building other than a single-family detached dwelling may be enlarged or altered except in conformance with this ordinance. A nonconforming structure may be repaired (roof repair as an example) to maintain it in a safe and sanitary condition. A proposed addition to a nonconforming single-family detached dwelling must meet current code standards including, but not limited to, building setbacks and stream buffers.

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. No structural alterations such as an addition shall be permitted unless such structural change is for the purpose of conforming with the current code standards. Introducing or proposing to change to new nonconforming uses are prohibited.

c.

A nonconforming sign shall not be replaced by another sign, except within the current code standards. The substitution or interchange of poster panels, boards or similar on nonconforming signs shall be permitted. Minor repairs and maintenance of nonconforming signs, such as repainting, electrical repairs and neon tubing, shall be permitted. No structural changes in the size or shape of the sign shall be permitted except to make the sign comply with the current code standards.

d.

A nonconforming 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. In the case of a nonconforming use, a demolished or removed house may be replaced within one year with a conventional site-built house but not a manufactured home. A demolished or removed manufactured home may be replaced within one year with either a conventional site-built house or a manufactured home. The replacement single-family residence shall meet current county code standards including, but not limited to, minimum residence size, stream buffers, 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 to another nonconforming use is prohibited. 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. As an example, the parking and/or outdoor storage area of a nonconforming commercial use on residential or agricultural zoned property shall not be expanded.

(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 or another lot in the unincorporated portion of Dawson County. As an example, a nonconforming mobile home produced before 1976 shall not be moved to another location on the lot or another lot in the unincorporated portion of Dawson County.

(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. As an example, if a nonconforming commercial auto repair use of property becomes discontinued for one year or more, the entirety of the property shall become code compliant once the nonconforming status has ended - vehicles could not be towed for commercial purpose onto any part of the property.

(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. As an example, nonconforming use of an approximately one acre portion of a five-acre lot would not establish nonconformity on the entire lot - just the one acre portion.

(Res. of 4-7-2023(1); Ord. of 9-18-2025(1), Exh. A, § 45; Ord. of 4-16-2026(1), § 37(Exh. A))

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))

Whenever a lot or plat has been legally and duly recorded with the county clerk of Superior Court prior to February 23, 1998 and actually exists as so shown by recorded plat or described by recorded deed, it shall be deemed a lot of record. In addition, lots legally recorded that met zoning standards in place at the time of recordation, but do not meet standards currently in place, are also considered lots of record. Although said lot may not contain sufficient land area or lot frontage to meet the minimum lot size requirements of the current zoning, such lot may be used as a building site provided that all other current requirements of the district, such as setbacks, buffers, stream buffers, and other development standards, shall be met and building plans shall meet current state and local health codes.

(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.

(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.

(3)

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); Ord. of 4-16-2026(1), § 38(Exh. A))

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))

Editor's note— Ord. of April 16, 2026(1), § 39(Exh. A), deleted § 121-181 entitled "Home-based businesses," which derived from: Res. of April 7, 2023(1); and Ord. of Sept. 18, 2025(1), Exh. A, § 46. See Ch. 30, § 30-57 for similar provisions.

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))