The McDuffie County Land Development Code hereby establishes and recognizes two distinct classes of zoning districts, known as general zoning districts and overlay zoning districts. This chapter also hereby establishes and recognizes the following classes of specific districts, each listed below:

(1)

Zoning districts:

a.

R-1: Low Density Residential/Agriculture District

b.

R-2: Medium Density Residential District

c.

R-3: High Density Residential District

d.

C-1: Neighborhood Service Commercial District

e.

C-2: General Commercial District

f.

I-1: Light and Wholesale Industrial District

g.

I-2: Heavy Industrial District

h.

T-1: Interstate Village District

(2)

Overlay districts:

a.

O-1: Flood Hazard Overlay District

b.

O-2: Usry Pond Watershed Overlay District

c.

O-3: Lake Recreational Overlay District

(Ord. of 3-23-99, Art. III, § 1)

The map entitled the "Zoning Map of McDuffie County" as amended, together with all notations, references, and other information shown thereon is hereby made a part of this chapter, and may be referenced as the "zoning map." Said zoning map is hereby made a public record and shall be kept permanently in the office of the McDuffie County Planning Commission where it will be accessible to the general public. Any uncertainty or confusion regarding the exact location of the zoning district boundaries shown on the official zoning map shall be resolved in the manner prescribed in article III, section 44-53 of this chapter.

(Ord. of 3-23-99, Art. III, § 2)

If, in accordance with provisions of these regulations, changes are made in the district boundaries or other information portrayed on the official zoning map, changes shall be made on the map after the amendment has been approved by the governing authority. A notation, certified by the development code administrator, shall be entered on the map which shall include the date of the amendment.

(Ord. of 3-23-99, Art. III, § 3)

In order to protect the character of existing neighborhoods, to prevent excessive density of population in areas which are not adequately served with water, sewerage facilities, and fire protection; to ensure that adequate and suitable areas will be available in the county, to provide housing for a growing population, to protect property values; to protect residential areas from the blighting effects of the traffic, noise, odors, and dust generated by commercial and industrial activity; to provide for and accommodate growth and expansion of commercial and industrial activities; to prevent blight and slums; and to promote orderly growth and development by grouping similar and related uses together and by separating dissimilar and unrelated uses; and in order that the various other purposes of this chapter may be accomplished, there are hereby established within unincorporated McDuffie County, Georgia, the above mentioned zoning districts.

It is the general intent of all zoning districts to promulgate standards that govern land development intensity or density, the provision of open spaces, height of structures, and special conditions for proposed land uses to ensure compatibility with established land uses. In addition, each zoning district shall have the specific intent and land uses principally permitted by right and by special exception, as stated below.

(Ord. of 3-23-99, Art. III, § 4)

(a)

Permitted land uses: Permitted land uses are specific types of land uses that are permitted by right within the applicable zoning district. The general classifications of permitted land uses are shown on the zoning map. The map also indicates where in the county each general and overlay zoning district is permitted. More specific guidance regarding the permitted land uses in each category are articulated in this article.

(b)

Special exceptions: Special exceptions are land uses which are subject to the imposition of land use limiting conditions which modify the land use to make it more compatible with the principally permitted uses in one or more zoning districts, but may not be appropriate generally through out the applicable district(s), due to their nature, scale, and intensity of use. The planning commission shall have greater discretion to recommend (to the board of commissioners) restrictions on land uses permitted as special exceptions as is necessary to ensure compatibility with existing neighboring uses and potential future principally permitted land uses that may be developed in the area. Approval by the board of commissioners of a special exception application shall not constitute approval of any specific development plan. Examples of special exceptions for each zoning district are articulated in this article.

Any development proposed must satisfy simultaneously the requirements of the underlying general zoning district and all applicable overlay zones, provided that the requirements of the special exception shall supersede all conflicting requirements of the underlying general zoning district and all other applicable overlay zones, unless otherwise specified within the special development standards in this article.

(Ord. of 3-23-99, Art. III, § 5)

In order to distinguish property uses; to support the intent of establishing zoning districts; and to facilitate the administration and enforcement of the requirements of this land development code, after the date of adoption of this chapter, the platting of any proposed development (including residential) or newly created lot(s) or parcel(s) shall be required. In addition, the placement/siting of any proposed structures on the proposed platted site shall be required.

(Ord. of 3-23-99, Art. III, § 6)

Cross reference— Definitions generally, § 44-3; requirements, § 44-166(1)a.

The intent of this district is to maintain rural development patterns by preserving agriculture and forestry as the primary uses. The district permits residential uses as a land use at standards and densities which are intended to reduce any interference of residential uses with agriculture and forestry uses. This is a district where utilities are not expected to be provided in the near future, or where intense development is anticipated as being deferred until utilities become available. General development standards for this district are found in article V.

(1)

Uses permitted by right:

a.

Single-family site built dwellings with a minimum heated floor area of 1,100 square feet.

b.

Manufactured home, class A, with a heated floor area of at least 1,100 square feet. (See definition for restrictions and requirements.)

c.

Industrialized home with a minimum heated floor area of at least 1,100 square feet. (See definition for restrictions and requirements.)

d.

Modular home with a minimum heated floor area of at least 1,100 square feet.

e.

Accessory buildings and uses when located on the same lot or parcel of land as the main structure and customarily incident thereto.

f.

Agriculture including, forestry, horticulture, livestock (non-feed lot), poultry, and crop and garden production. No structure containing poultry or livestock and no storage of manure or odor or dust-producing substance or use shall be located within 300 feet of a property line, provided, however, any such structure existing at the time of passage of this chapter shall be allowed to extend to the existing building line but no nearer the property line than any existing portion of such structure. Anyone may keep fowls for their own personal use on land less than ten acres provided all of the requirements in this section are met.

g.

Noncommercial (private) outside above ground tanks for the storage of gasoline, liquefied petroleum gas, oil, or other flammable liquids or gases but not when located within 300 feet of any habitable structure. Flammable products contained therein shall be for the exclusive use of the property owner and are not for sale to the general public.

h.

Churches and related accessory buildings, provided they are located on a lot of at least five acres and fronting an arterial or collector street with any structure placed not less than 50 feet from any side or rear property line.

i.

Public utility structures (including towers) and buildings provided that the installation is properly screened. No business office shall be permitted and no equipment be stored on the site.

j.

Home occupations and cottage industries, provided the requirements in article VI, section 44-103 of this chapter are met.

k.

Duplex apartments provided they comply with the development standards for the district and shall be separated by 500 feet from any other habitable structure, including another duplex.

l.

Temporary (six months or less) sawmills, provided all equipment and structures are located 1,000 feet from any residential structure.

m.

Commercial riding stables and academics, provided that no structure, pen, or corral housing animals shall be closer than 200 feet to any property line.

n.

Shrubbery sales, greenhouses and plant nurseries (commercial).

o.

Publicly owned and operated parks or recreation areas.

p.

Local, state, or federal government buildings.

q.

Construction trailer, in conjunction with the construction of a commercial or industrial building. It may be sited for temporary use only for a term not greater than nine months without re-permitting.

r.

Campers and RV trailers, provided that use is temporary only for a period of not greater than 90 days whereupon the unit must be removed from its site for a period of not less than six months. Extensions of time are not permitted without explicit permission from the planning commission office. All trash and waste disposal must be compliant with state and local requirements.

(2)

Uses permitted by special exception:

a.

Privately owned and operated golf, swimming, tennis, or country clubs, community clubs or association, fishing and hunting clubs, athletic fields, parks, provided that no building for such purposes is located within 100 feet of any property line. Night lighting may be regulated.

b.

Kindergartens, playschools, and day care facilities.

c.

Private school and libraries.

d.

Cemeteries, provided they are located abutting a paved road and shall be screened, using plant or construction materials that must be approved by the development code administrator, and must be six feet from adjoining properties.

e.

Nursing homes, hospitals, and animal kennels.

f.

Family or group personal care homes provided local and state requirements are met.

g.

Airplane landing fields, including flight strips and helicopter ports and accessory facilities.

h.

Quarries and strip mining operations subject to the requirements of the Georgia Surface Mining Act of 1968, H.B. 969, and provided that all operations are screened from the view of adjoining roads and properties.

i.

Sanitary landfills, or solid waste facilities, provided that: a) the requirements of article VI, section 44-105 of this chapter are met; and b) subject to the provisions of the Georgia Solid Waste Management Act (1990) and the rules of the Georgia Department of Natural Resources governing solid waste management.

j.

Racetracks.

k.

Handicapped residence.

l.

Agriculture: Feed lot operations.

(Ord. of 3-23-99, Art. III, § 7(7.1))

This district is intended to be used for single-family residential areas with medium population densities. Additional uses allowed only by special exception, include related noncommercial, recreational, religious and educational facilities normally required to provide the basic elements of a balanced and attractive residential area. These areas are intended to be defined and protected from the encroachment of uses not performing a function necessary to the residential environment, and which there is the anticipation of the future installation of public utilities within the comprehensive planning period.

(1)

Uses permitted by right:

a.

Single-family site-built dwellings with a minimum heated floor area of 1,100 square feet.

b.

Manufactured home, class A with a heated floor area of at least 1,100 square feet. (See definition for restrictions and requirements.)

c.

Industrialized home with a minimum heated floor area of at least 1,100 squire feet. (See definition for restrictions and requirements.)

d.

Modular home with a minimum heated floor area of at least 1,100 square feet.

e.

Accessory buildings and uses when located on the same lot or parcel of land as the main structure and customarily incident thereto.

f.

Home occupations and cottage industries, provided the requirements in article VI, section 44-103 of this chapter are met.

g.

Duplex units provided there is a 300-foot separation from any other dwelling unit including other duplexes. (See article V, section 44-81(1))

h.

Churches and related accessory buildings, provided they are located on a lot fronting an arterial or collector street and are placed not less than 50 feet from any property line.

i.

Agriculture, including forestry, horticulture, crop and garden production only. Large feed lot operations are prohibited.

j.

Publicly owned and operated parks or recreation areas.

k.

Local, state, or federal government buildings.

l.

Construction trailer, in conjunction with the construction of a commercial or industrial building. May be sited for temporary use only for a term not greater than nine months without re-permitting.

(2)

Uses permitted by special exception:

a.

Privately owned and operated golf, swimming, tennis, or country clubs, community clubs or association, fishing and hunting clubs, athletic fields, parks, provided that no building for such purposes is located within 100 feet of any property line. Night lighting may be regulated.

b.

Kindergartens, playschools, and day care facilities.

c.

Private school and libraries.

d.

Cemeteries, provided they are located abutting a paved road and shall be screened, using plant or construction materials that must be approved by the development code administrator, and must be six feet from adjoining properties.

e.

Family personal care homes.

f.

Group personal care homes. (Public water and sewer required.)

g.

Handicapped residence.

(Ord. of 3-23-99, Art. III, § 7(7.2))

This is a residential and district to provide for higher population densities. The principal use is multiple-family apartment, townhouses, condominiums, duplexes, manufactured home parks, RV and camper parks, etc. Certain uses which are more compatible functionally with intense residential uses than with commercial uses are allowed only by special exception. Parcels under consideration for this designation shall have access to public utilities as prescribed under the requirements of this chapter.

(1)

Uses permitted by right:

a.

Two-family structures (duplex).

b.

Multifamily structures.

c.

Townhouses and condominiums provided that the requirements in article VII of this chapter are met.

d.

Accessory buildings and uses when located on the same lot or parcel of land as the main structure and customarily incident thereto.

e.

Manufactured homes, class A, provided they are located within an approved manufactured home park.

f.

Manufactured homes. Class B, provided they are located within an approved manufactured home park.

g.

Manufactured homes. Class C, provided they are located within an approved manufactured home park.

h.

Bed and breakfast inns.

i.

Construction trailer, in conjunction with the construction of a multifamily structure. May be sited for temporary use only for a term not greater than nine months without re-permitting.

(2)

Uses permitted by special exception:

a.

Kindergartens, playschools, and day care facilities.

b.

Hospitals, clinics, convalescent or nursing homes, provided that the lot fronts an arterial or major collector street.

c.

Group and congregate personal care homes.

d.

Office buildings exclusively used for professional occupancy and of such character and nature that such use will not adversely affect adjacent and nearby residential properties.

e.

Private and public schools and libraries.

f.

Manufactured home, RV parks, provided that they meet the requirements of article VI, section 44-102. Variances from the requirements of section 44-102 may be granted due to the differing design requirements for an RV or camper parks.

g.

Planned developments, provided that the requirements in article VII of this chapter are met.

(Ord. of 3-23-99, Art. III, § 7(7.3); Mo. of 5-18-99)

The intent of this district to provide for the customary retail and service needs of a residential neighborhood and other land uses intended to serve the immediate vicinity or neighborhood as the primary service area. Required conditions are listed as follows:

(1)

All sales, business, servicing, storage, or processing shall be conducted within a completely enclosed building except where the nature of the activity makes it impossible, as for example, off-street loading, automobile parking for customers while on the premises, and the sale of automobile fuel at service stations.

(2)

Uses, processes, or equipment employed shall be limited to those which are not objectionable by reason of odor, dust, bright lights, smoke, noise, or vibration.

(3)

No sale of beer, wine, or liquor for consumption on the premises.

(4)

Products to be sold only at retail.

(5)

Lot must front on an arterial or collector street.

(6)

Off-street parking shall not require backing or maneuvering into the right-of-way of a public street.

a.

Uses permitted by right:

1.

Book, magazine, video and newspaper stores, provided no adult materials are offered.

2.

Candy store.

3.

Delicatessen.

4.

Drugstore or pharmacy.

5.

Fruit, nut, and/or vegetable store.

6.

Grocery stores with a gross floor area of no more than 25,000 square feet.

7.

Bakery providing goods baked on premise are sold retail only.

8.

Butcher shop or poultry/fish store providing no slaughter on premises.

9.

Convenience store.

10.

Barber shop, beauty shop, or combination thereof.

11.

Dressmaker, seamstress, tailor.

12.

Dry cleaning and/or laundry self-service facilities and pick-up station.

13.

Office for governmental, business, professional, or general purpose (but no storage of vehicles or equipment on the premises is permitted except emergency vehicles).

14.

Studio offering instruction in art, music, dancing, drama, or similar cultural activity.

15.

Secretarial and/or telephone answering service.

16.

Shoe repair shop.

17.

Church, synagogue, or other place of worship.

18.

Publicly-owned and operated building, facility, or land (but overnight storage of vehicle or equipment other than emergency vehicles on the premises is not permitted).

19.

Kindergarten, play schools, and day care centers and homes.

20.

Accessory buildings and uses when located on the same lot or parcel of land as the main structure and customarily incident thereto, provided the requirements in article V are met.

21.

Public utility substation or other installation provided that it is adequately screened and there is neither commercial operation nor storage of vehicles or equipment on the premises.

22.

Camera or art store, providing such art is not adult-oriented material.

23.

Florist shop.

24.

Gift or curio shop or antique shop.

25.

Bicycle repair shop.

26.

Insurance agency.

27.

Jewelry and watch repair shop.

28.

Locksmith or gunsmith.

29.

Photographic studio, except those catering to adult oriented photography.

30.

Real estate agency.

31.

Hobby and toy stores.

32.

Financial institutions including loan companies.

33.

Mini-storage warehouses.

34.

Medical and dental clinics (outpatient only).

35.

Veterinary clinics. (All animals must be contained inside of building(s)).

36.

Industrialized building used as a temporary construction trailer only for the duration of the construction project.

37.

Antenna and transmission towers provided that they meet the special development standards articulated in article VI, section 44-104 of this chapter.

38.

Restaurants, grills, and lunch counters (but not including nightclubs, bars, taverns, liquor stores, drive-in restaurants, or curb-service establishments) provided no alcohol is served or sold.

39.

Repair and servicing of small equipment, provided all outside storage areas are screened from view.

b.

Uses permitted by special exception:

1.

Automobile service station, provided no automobile repair is performed and the requirements in article VI, section 44-107 of this chapter are met.

2.

Neighborhood shopping centers consisting entirely or primarily of retail convenience goods outlets provided that the following requirements are met:

(i)

Lot size shall be calculated at a rate of one acre for every 10,000 square feet of gross floor area, with a minimum lot size of 1.5 acre, and a maximum lot size of five acres.

(ii)

No anchor store shall be permitted except for a grocery store provided that the gross floor space does not exceed 25,000 square feet.

(iii)

Maximum gross floor area for the center shall be 40,000 square feet.

(iv)

Loading space shall be provided in the rear yard only in the ratio of at least ten square feet per front foot of building and shall be computed separately from the off-street parking requirement. Where an alley exists or is provided at the rear of buildings, the rear building setback and loading requirements may be computed from the center of said alley.

(Ord. of 3-23-99, Art. III, § 7(7.4))

(a)

Intent; required conditions. The intent of this district shall be to provide a commercial district designed to serve the community at-large consisting of a wide variety of sales and service facilities and locations that will be accessible to all shoppers, as well as serving the motoring public. Required conditions are listed as follows:

(1)

All businesses: Servicing, storage, or processing shall be conducted within a completely enclosed building, or, within a sheltered portion principal structure where such activity is not visible from the street or adjacent properties, except where the nature of the activity makes is impossible, as, for example, off-street loading, automobile parking for customers while on the premises, miniature golf courses, and the sale of automobile fuel at service stations.

(2)

Uses, processes, and equipment employed shall be limited to those which are not objectionable by reason of odor, dust, bright lights, smoke, noise or vibration.

(b)

Uses permitted by right:

(1)

All principal uses permitted in C-1 District.

(2)

Amusement enterprises, such as miniature and Par-3 golf, golf driving ranges, skating rinks, coin-operated amusement centers and similar enterprises and similar uses provided that such parcel be at least 300 feet from any residential structure in a residential zoning district.

(3)

Motels and hotels.

(4)

Automobile, travel trailer, farm equipment and implements, and sales of same (new and used) which need not be enclosed, except that any mechanical or body repair must be conducted entirely within the structure.

(5)

Bus, truck, and railroad terminal facilities.

(6)

Restaurants, including drive-in establishments provided that when such a drive-in establishment abuts a residential district, it shall be separated from such district by a six-foot high buffer and having no light shining directly into residential districts.

(7)

Theaters (excluding drive-in theaters).

(8)

Bars, taverns, restaurants, and nightclubs (alcohol permitted).

(9)

Any retail business or commercial use in which there is no processing or treatment of materials, goods, or products (except for merchandise for sale on the premises, or as otherwise provided for herein), including:

a.

General farming equipment and horticulture sales.

b.

Furniture, home furnishings, office furniture, and equipment.

c.

Automobile, travel trailer, manufactured home, farm equipment and implements, and sales of same (new and used) which need not be enclosed, except that any mechanical or body repair must be conducted entirely within the structure.

d.

Produce sales and farmers market.

e.

Package liquor stores.

f.

Clothing stores.

g.

Hardware stores.

h.

Variety stores (5 and 10 cent stores).

i.

Record stores.

j.

Jewelry stores.

k.

Sporting goods.

l.

Paint stores.

m.

Pet stores.

(10)

Grocery stores, supermarkets, or department stores with a gross floor area of more than 25,000 square feet.

(11)

Golf, swimming, tennis, or country clubs, privately owned and operated community clubs, or recreational areas provided that any activity associated with such uses which generate excessive or unusual noise or light shall not be located closer than 250 feet of any residential structure in a residential zoning district.

(12)

Public utility structures and buildings. Business office shall be permitted. Equipment may be stored on the site provided the stored equipment is properly screened.

(13)

Places of assembly, including auditoriums, stadiums, coliseums, and dance halls provided that any activity associated with such uses which generates excessive or unusual noise or light shall not be located closer than 250 feet to any residential structure.

(14)

Public and private schools and libraries.

(15)

Boarding and rooming houses.

(16)

Food locker plant renting lockers for the storage of food, including sale for retail delivery, and cutting package of meats but not including slaughtering.

(17)

Printing, blueprinting, book binding, photostating, lithography, and publishing establishments.

(18)

Undertaking or mortuary establishments and ambulance services.

(19)

Hospitals, clinics, sanitariums, convalescent or nursing homes.

(20)

Indoor amusement, recreational, and entertainment facilities including: bowling alleys, billiard parlors, theaters (excluding drive-in theaters), health and fitness studios.

(21)

Temporary uses including sale of Christmas trees, tents for revivals, carnivals, church bazaars, sale of seasonal fruit and vegetables from roadside stands, but such use not permitted for a period to exceed 60 days in any calendar year.

(22)

Veterinary hospital, kennel, or clinic provided any structure used for such purpose shall be a minimum of 100 feet from any residential district.

(23)

Automobile laundry or car wash provided that a paved area shall be located on the same lot for the storage of vehicles awaiting entrance to the washing process sufficient to contain a number of vehicles [at 200 square feet per vehicle] equal to one-third of the practical hourly capacity of the washing machines and in addition that curb breaks be limited to two, each not to exceed 30 feet in width, and located not closer than 20 feet to an intersection.

(24)

Appliance, television, or radio repair. The outside storage of parts and/or unused equipment shall require an opaque fence or buffer of at least six feet in height and high enough to screen such parts/equipment from public view.

(25)

Furniture repair or upholstering (but not furniture manufacturing).

(26)

The repair and assembly of electronic components, subassemblies and small systems under the following restrictions:

a.

No manufacturing of components shall be allowed;

b.

All such operations must be conducted indoors;

(27)

Building and lumber supply establishments provided that:

a.

The entire storage area is properly screened as required in article V, section 44-87 or for a height greater as required to adequately screen such area, and

b.

Any machine operations be conducted entirely within a building.

(28)

Community shopping centers provided that the following requirements are met:

a.

Lot size shall be calculated at a rate of one acre for every 10,000 square feet of gross floor area, with a minimum lot size of five acres, and a maximum lot size of 25 acres.

b.

One anchor store or principal tenant shall be permitted for every 80,000 square feet of net floor space for the entire center.

c.

Maximum net floor area for the center shall be 349,999 square feet. See article VI, section 44-101 for centers with net square feet of 350,000 plus.

(29)

Radio, telephone, or television transmission stations. All antenna and transmission towers must adhere to the special development standards articulated in article VI, section 44-104 of this chapter.

(30)

Exterminating and fumigating offices. All storage of chemicals must be contained within building.

(31)

Industrialized building used as a temporary construction trailer only for the duration of the construction project.

(32)

Personal care homes: Family, group, congregate.

(c)

Uses permitted by special exception:

(1)

Multifamily dwellings provided a minimum of four dwelling units per building and a minimum of five buildings are grouped as a single development and provided that the requirements for the R-3 Residential District are met.

(2)

Planned unit developments provided that the requirements in article VII are met.

(3)

Regional shopping centers, provided that they meet the requirements in article VI, section 44-101 of this chapter are met.

(4)

"Go-kart" type miniature auto racing tracks provided that any parcel containing any such use be at least 300 feet from any residential structure in a residential zoning district.

(Ord. of 3-23-99, Art. III, § 7(7.5); Mo. of 5-18-99)

The intent of this district shall be to create and protect areas for wholesale and light industrial uses and to provide general performance standards for the operation of such uses. It is further intended that no new residential uses shall be permitted in this district.

(1)

Uses permitted by right:

a.

All principal permitted uses in a C-2 General Commercial District are permitted, except that all new residential dwellings shall be prohibited and all existing dwellings shall be considered as a nonconforming use.

b.

Ice plants.

c.

Car wash provided that a paved area shall be located on the same lot for the storage of vehicles awaiting entrance to the washing process sufficient to contain a number of vehicles (at 200 square feet per vehicle) equal to one-third of the practical hourly capacity of the washing machines and in addition that curb breaks be limited to two, each not to exceed 30 feet in width, and located not closer than 20 feet to an intersection.

d.

Contractor's and agriculture machinery storage and equipment yards when located entirely within a building or fenced area as required in article V, section 44-87.

e.

Establishments for manufacture, repair, assembly or processing, and include:

1.

Confectionery manufacture.

2.

Clothing and garment manufacture, and centralized clothes cleaning plants.

3.

Laboratories for testing materials, chemicals analysis photography processing.

4.

Manufacture and assembly of scientific, optical and electronic equipment.

5.

Manufacture of musical instruments and parts.

6.

Manufacture of souvenirs and novelties.

7.

Manufacture of toy, sporting and athletic goods.

f.

Wholesale warehouses and distribution centers.

g.

Theaters (excluding drive-in).

h.

Truck stops and terminals provided that acceleration and deceleration lanes of at least 200 feet are provided for trucks entering or leaving the site; that all parking areas be paved to reduce or eliminate dust; and, that the truck traffic so generated will not create a safety hazard or unduly impede traffic movement.

i.

Trade shops including sheet metal, roofing, upholstery, electrical, plumbing, venetian blind, cabinet making and carpentry, rug and carpet cleaning and sign painting provided that all operations are conducted entirely within a building which shall not have any opening, other than stationary windows, within 100 feet of any residential district.

j.

Food processing plants, such as bakeries, meat packers, fish and poultry houses.

k.

Frozen dessert and milk processing plants.

l.

Any other establishments for the manufacture, repair, assembly, or processing of materials which are not objectionable by reason of smoke, dust, odors, bright lights, noise or vibration, or which will not contribute to the congestion of traffic.

m.

Construction companies and equipment provided that the equipment is adequately screened from view.

n.

Industrialized building used as a temporary construction trailer only for the duration of the construction project.

(2)

Uses permitted by special exception:

a.

Planned unit developments, provided that the requirements in article VII of this chapter are met.

b.

Radio or television transmission stations. All antenna and transmission towers must adhere to the special development standards articulated in article VI, section 44-104 of this chapter.

c.

Adult entertainment establishment(s), provided the provisions of the county adult entertainment establishment ordinance are met.

(Ord. of 3-23-99, Art. III, § 7(7.6); Mo. of 5-18-99)

The intent of this district shall be to create and protect areas for industrial use and to provide general performance standards for the operation of such uses. Special development standards are articulated in article VI, section 44-106 of this chapter. It is further intended that no new residential uses shall be permitted in this district.

(1)

Uses permitted by right:

a.

All principal permitted uses in I-1 Wholesale and Light Industrial District.

b.

Wholesale warehouses and distribution centers.

c.

Agriculture, forestry, livestock and poultry processing and/or rendering, provided that the operation is conducted on a tract of land not less than ten acres in area, and that no structure containing poultry or livestock and no storage of manure or odor or dust-producing substance or use shall be located within 300 feet of a property line.

d.

One dwelling (manufactured home permitted) for the exclusive use of a watchman or caretaker when located on the same tract as the industrial use and subject to all applicable requirements of this chapter.

e.

Manufacturing, processing, fabrication, repair and servicing of any commodity or product including the following:

1.

Manufacture of acetylene gas or storage thereof, acid, asbestos, ammonia, bleaching powder or chlorine, asphalt or products thereof, cement, lime gypsum or plaster of paris, coal tar or derivatives thereof, creosote or creosote treatment, clay tile of vitrified products, emery cloth or sand paper, explosive or fireworks or storage thereof, fertilizer, glue, size or gelatin, linoleum, matches, paint, oil, shellac, turpentine or varnish, rubber and gutta percha products, soda compounds.

2.

Petroleum refining, tanning, curing, storage of hides and skins; boiler works, foundry or forge operation; incineration or processing of: fat renderings, junk, iron, rags, storage and baling, distillation of bones, coal or wood.

3.

Any use that may be obnoxious or offensive by reason of the emission of odors, dust, smoke, gas, noise or vibration.

f.

Outside aboveground tanks for the storage of gasoline, liquefied petroleum gas, oil or other inflammable liquids or gases but not when located within 500 feet of any residential district.

g.

Industrialized building used as a temporary construction trailer only for the duration of the construction project.

h.

Antenna and transmission towers provided that they meet the special development standards articulated in article VI, section 44-104 of this chapter.

(2)

Uses permitted by special exception:

a.

Junk yards provided the following provisions are met:

1.

No such operation shall be permitted to locate closer than 300 feet to a residential district and no structure closer than 50 feet to any property line.

2.

All such operations shall be completely enclosed by an opaque fence or wall, having a minimum height of six feet, but in no case less than such a height as will effectively screen all operations from view.

3.

The number of vehicular driveways permitted on any single street frontage shall be limited to one per 500 feet with a maximum of a 30-foot driveway width.

b.

Adult entertainment establishment(s), provided the provision of the county adult entertainment ordinance are met.

(Ord. of 3-23-99, Art. III, § 7(7.7); Mo. of 5-18-99)

The intent of this district is to accommodate land uses which typically attract high volumes of automotive traffic coincidental to their proximity to interstate highway exchanges, and other arterial highways. This is a district where either urban utilities and infrastructure are either being provided, or are being planned. The intensity of use is such that development which does occur will not prevent or create problems for future development, and shall encourage adequate convenience, safety, access and circulation for automotive vehicles and pedestrians.

(1)

Uses permitted by right:

a.

Retail nurseries, commercial farms and greenhouses.

b.

Banks and other financial institutions.

c.

Retail stores.

d.

Wholesale businesses.

e.

Office parks or campuses.

f.

Motor vehicle sales businesses.

g.

Farm equipment and sales businesses.

h.

Automobile service stations and gas stations, provided that they meet the requirements in article VII, section 44-137 of this chapter.

i.

Professional offices.

j.

Motels and hotels.

k.

Wholesale warehouses and distribution centers including truck and freight terminals.

l.

Restaurants (alcohol permitted).

m.

Cinemas or theaters.

n.

Industrialized building used as a temporary construction trailer only for the duration of the construction project.

o.

Radio, telephone, or television transmission stations. All antenna and transmission towers must adhere to the special development standards articulated in article VI, section 44-104 of this chapter.

(2)

Uses permitted by special exception:

a.

Commercial recreational establishments (including, but not limited to bowling alleys, swimming pools, video arcades, fitness clubs, and similar uses).

b.

Light industries.

c.

Nonresidential planned unit developments, provided that the requirements of article VII of this chapter are met.

d.

Regional shopping centers provided that the requirements in article VI, section 44-101 are met.

e.

Truck stops and terminals provided that acceleration and deceleration lanes of at least 200 feet are provided for trucks entering or leaving the site; that all parking areas be paved to reduce or eliminate dust; and, that the truck traffic so generated will not create a safety hazard or unduly impede traffic movement.

(Ord. of 3-23-99, Art. III, § 7(7.8))

The Flood Hazard Overlay District is an overlay zone and may be combined with and/or superimposed upon any other district. The intent of the district is to set forth those standards necessary to minimize public and private losses due to flood conditions including, but not necessarily limited to: securing safety from flood, to prevent loss of life, to prevent property damage and all other related dangers; to promote the public health and general welfare by regulating and restricting areas in the floodplains of watercourses in the unincorporated areas of the county which are subject to periodic flooding; and, to preserve the location, character and extent of natural drainage courses. The boundaries of this district shall coincide with the areas delineated on the Flood Hazard Boundaries Map of McDuffie County prepared by the U.S. Department of Housing and Urban Development, as amended.

(1)

Uses permitted by right:

a.

All uses in the zone upon which the flood hazard overlay district has been superimposed shall be prohibited.

(Ord. of 3-23-99, Art. III, § 7(7.8))

The Usry Pond Watershed Overlay District is an overlay zone and may be combined with and/or superimposed upon any other district. The intent of this district is to protect the county's potable fresh surface water supplies from the negative effects of drought, pollution, overdraft, or mismanagement. This protection is evidenced by the adoption of the Usry Pond Watershed Protection Ordinance by the board of commissioners on February 4, 1998 which shall hereby be incorporated into this zoning ordinance by reference.

(1)

Uses permitted by right:

a.

All uses in the zone upon which the Usry Pond Watershed Overlay District has been superimposed shall be permitted subject to the development standards set forth in articles V, VI, and VII of this chapter, and the Usry Pond Watershed Protection Ordinance.

(Ord. of 3-23-99, Art. III, § 7(7.10))

Cross reference— Watershed districts, § 86-21 et seq.

The intent of this district is to provide accessible open space opportunities for recreation and to preserve and protect the natural resources and scenic quality of areas adjacent to Clarks Hill Lake. This district permits recreational, agricultural, and residential uses as primary land uses at standards and intensities which will sustain the scenic qualities and natural resources contiguous to Clarks Hill Lake.

(1)

Uses permitted by right:

a.

All uses in the zone upon which the Lake Recreation Overlay District has been superimposed shall be permitted subject to the development standards set forth in articles V, VI, and VII as applicable, of this chapter.

(Ord. of 3-23-99, Art. III, § 7(7.11))

An "overlay district" is a special zoning district that is superimposed over one or more general zoning districts to create an additional set of requirements that must be satisfied by all land development activities in order to protect certain special resources. McDuffie County has established overlay districts to protect special flood hazard areas, water supply watersheds, and lake recreational areas. The boundaries for each overlay zone are identified on the zoning map. Should a question arise as to the exact boundary of any overlay zone as shown on the zoning map, the development code administrator shall refer to the original source of the boundaries as specified in article III, section 44-33 for the applicable overlay zone. Amendments to the boundaries of any overlay zone shown on the zoning map shall be approved by the board of commissioners only where changes have been made to the areas contained in the official source, or to eliminate existing overlay districts or create new overlay districts, as the case may be. Where a conflict exists between the requirements of an overlay district and the requirements of a general zoning district, the requirements of the overlay district shall govern, unless otherwise specified within the special development standards.

(Ord. of 3-23-99, Art. III, § 8)

Where uncertainty exists with respect to the boundaries of any of the aforesaid zoning districts as shown on the official zoning map, or land use classification as shown on the future land use map, the following rules shall apply:

(1)

Unless otherwise indicated, the zoning district or land use boundaries are indicated as approximately following property lines, land lot lines, centerlines of streets, highways, alleys or railroads, shorelines of streams, reservoirs, or other bodies of water, or civil boundaries, and they shall be construed to follow such lines.

(2)

Where zoning districts or land use boundaries are approximately parallel to the centerlines of streets, highways, or railroads, or right-of-way of the same, or the centerlines of streams, reservoirs, or other bodies of water, or said lines extended, such zoning district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning map. If no distance is given, such dimensions shall be determined by the use of the scale shown on the zoning map or future land use map.

(3)

Where a zoning district or land use boundary line as appearing on the official zoning maps divides a lot which is under single ownership at the time of this enactment, the use classification of a larger portion may be extended to the remainder by the board of commissioners without recourse to amendment procedure.

(4)

Where a public road, street or alley is officially vacated or abandoned, the regulations applicable to the property to which it is reverted shall apply to such vacated or abandoned road, street or alley.

(5)

If the exact location of a boundary cannot be determined by the foregoing methods, the board of commissioners shall, upon formal written request, decide the location of the boundary.

(Ord. of 3-23-99, Art. III, § 9)

The purpose of this chapter is to place all portions of McDuffie County within specific zoning districts. Should any unincorporated area of the McDuffie County appear either by reference to the maps or by interpretation to be inadvertently or otherwise omitted from a zoning district, that area or areas are hereby placed in a R-1 Low Density Residential District and are subject to all the regulations pertaining thereto until such time as the board of commissioners can determine its proper zoning district classification. If, upon further consideration, the board of commissioners determines that area or areas should be reclassified, such change shall be accomplished through the appropriate amendment procedures specified in this chapter.

(Ord. of 3-23-99, Art. III, § 10)

McDuffie County discourages the use of rezonings as a strategy to increase speculative land value where the applicant has no immediate intent to develop in accordance with the rezoning. Rezonings are intended to grant the applicant an opportunity to exercise appropriate alternative development options in situations where development in compliance with existing zoning is not possible or practicable, as long as the proposed uses are consistent with the comprehensive plan and the character of the surrounding area. The granting of this privilege by the county carries with it the expectation that the proposed development will occur within a reasonable period of time. Therefore, when the board of commissioners grants approval of a rezoning, the applicant should acquire a construction permit or final plat approval (whichever is applicable) and commence construction activities in compliance with that permit or approval within one year of the date upon which the rezoning is approved. Reversion: If such actions have not been taken within one year, the planning commission may initiate actions to further rezone the subject property and/or to reinstate the original zoning classification.

(Ord. of 3-23-99, Art. III, § 11)