8.87.1

Within each zoning district's standards, certain property uses may be allowed provided they obtain a conditional use permit. This additional review is necessary due to the increased possibility that such uses may have a negative impact on surrounding properties and their value. The city retains its right to subject certain uses to greater scrutiny to determine if they are appropriate or if additional safeguards may mitigate potentially harmful effects on neighboring properties. Table B below denotes those uses which are permitted only after issuance of a conditional use permit within the specified zoning districts.

8.87.2

All applications for conditional use permits heard by the mayor and city council shall be advertised in the same manner as applications for variances and public hearings will be held thereon in the same manner.

8.87.3

The mayor and city council may grant conditional use permits for any given period of time at their own discretion.

8.87.4

The mayor and city council shall consider, at a minimum, the following in its determination of whether or not to grant a conditional use permit:

1.

Whether or not there will be a significant adverse effect on the neighborhood or area in which the proposed use will be located.

2.

Whether or not the use is compatible with the neighborhood.

3.

Whether or not the proposed use will constitute a nuisance as defined by state law.

4.

Whether or not property values of surrounding property will be adversely affected.

5.

Whether or not adequate provisions are made for parking and traffic considerations.

6.

Whether or not the site or intensity of the use is appropriate.

7.

Whether or not adequate provisions are made regarding hours of operation.

8.

The location or proximity of other similar uses (whether conforming or non-conforming).

9.

Whether or not adequate controls and limits are placed upon commercial deliveries.

10.

Whether or not adequate landscaping plans are incorporated to ensure appropriate transition.

11.

Whether or not the public health, safety and welfare of the surrounding neighborhoods will be adversely affected.

12.

Whether it is consistent with the comprehensive plan.

TABLE B. CONDITIONAL USE PERMITS

(Ord. No. 2023-015, § 1C, 7-24-2023; Ord. No. 2024-011, § 1R, 5-13-2024; Ord. No. 2024-014, § 1B, 6-10-2024)

The Fair Housing Amendment Act (1988) states that local zoning regulations may not prohibit community residences and requires that municipalities provide "reasonable accommodation" of such uses. The City of Emerson regulates community residences using criteria based upon the actual use of the facility and the number of individuals utilizing its services. This provides individuals with opportunities for normalization instead of institutionalization thereby reducing social costs and fostering personal growth and responsibility while also allowing the city to maintain viable neighborhoods based primarily upon similar single-family or planned multifamily dwellings.

Group homes are defined throughout the entirety of this ordinance as dwellings shared by non-related individuals who live together as a single housekeeping unit and in a long-term family-like environment in which staff persons provide care, education and participation in community activities for the residents with the primary goal of enabling the residents to live as independently as possible in order to reach their maximum potential. This use shall also apply to homes for the handicapped; however, the term "handicapped" shall not include current illegal use of or addiction to a controlled substance or alcohol, nor shall it include any person whose residency in the home would constitute a direct threat to the health and safety of other individuals. The term "group home for the handicapped" shall not include alcohol or drug treatment centers, work release facilities for convicts or ex-convicts, or other housing serving as an alternative to incarceration.

8.89.1

Group homes with six or fewer residents, inclusive of resident staff may be established within the R, RC, MU, MU-2 zoning districts, if granted a conditional use permit, provided:

a)

The structure meets all aspects of the Standard Housing Code including minimum dwelling space requirements.

b)

The operator of the group home obtains certification from the appropriate state licensing body.

c)

No other such facility or halfway house is located within 1,000 feet as measured from property line to property line.

d)

Minimum parking required one space per two residents.

Halfway houses are temporary residential living arrangements for persons leaving an institutional setting and in need of a supportive living arrangement in order to readjust to living outside the institution. These are persons who are receiving therapy and counseling from support staff who are present when residents are present, for the following purposes:

•To help them recuperate from the effects of drug or alcohol addiction;

•To help them reenter society while housed under supervision or while under the constraints of alternatives to imprisonment including, but not limited to, prerelease, work release, or probationary programs; or

•To help persons with family or school adjustment problems that require specialized attention and care in order to achieve personal independence.

8.90.1

Halfway houses may be permitted within RM-6 and RM-12 zoning districts only if granted a conditional use permit and are limited to one bed per 250 gross square feet of heated building space.

a)

The structure meets all aspects of the standard housing code including minimum dwelling space requirements.

b)

The operator obtains certification from the appropriate state licensing body.

c)

No other such facility is located within 1,000 feet as measured from property line to property line.

8.91.1

Extended stay hotels or motels shall be defined as any hotel or motel in which 30 percent or greater of all guest rooms have facilities for both the storage and preparation of food and which are designed or utilized for weekly or monthly occupancy.

8.91.2

Extended stay hotels and motels shall also be defined as any hotel or motel which has less than 30 percent facilities for both the storage and preparation of food, which also do not have daily maid services, and/or which are advertised, designed or utilized for weekly or monthly occupancy.

8.91.3

Extended stay hotels and motels may be permitted within the C-2, MU, MU-2 and LI zoning districts only if granted a conditional use permit and shall comply with the following restrictions:

a)

All guest rooms which have facilities for both the storage and preparation of food and have less than 300 square feet of floor area are limited to a maximum of two persons per such room; however, for all such guest rooms greater than 300 square feet, one additional person shall be allowable per each additional 75 square feet of floor area up to and including a maximum of four persons.

b)

No more than ten percent of individual guests shall register, reside in, or occupy any room or rooms within the same licensed facility for more than a 180-day period.

c)

An indoor or fenced outdoor active recreation area shall be provided. The size of each recreation area shall be calculated at a ratio of five square feet per room with a minimum provision of 750 square feet. All recreation areas must be approved by the administrator prior to development to ensure that all applicable safety specifications and standards are met.

d)

No permanent business license shall be issued for the conduct of any business from any guest room of the facility.

e)

No hotel or motel under this section is to be converted to or used as an apartment or condominium without prior approval of the mayor and city council. Any hotel or motel converted to such use must meet all applicable state and local codes including zoning standards.

f)

Each guest room must be protected with a sprinkler system approved by the fire marshal or their designee.

g)

Each guest quarters shall be accessible through a main entrance and by internal hallways.

h)

Each guest room having a stove-top unit or other type burner unit shall be required to also include a maximum 60-minute automatic power off timer for each such unit.

i)

A hard-wired smoke detector shall be provided and installed in each guest room.

j)

No outside storage or permanent parking of equipment or vehicles shall be allowed.

k)

All such facilities shall provide a 50-foot undisturbed buffer from any property zoned for multifamily residential purposes and/or a 100-foot undisturbed buffer from any property zoned for single-family residential purposes.

l)

No building may be placed within 300 feet of any residentially zoned property, inclusive of the required buffer.

m)

These restrictions shall apply to all facilities permitted. Owners of properly licensed and zoned extended stay facilities shall have 24 months from the adoption this ordinance to comply with these regulations.

n)

All extended stay facilities shall have a maximum density of 75 guest units per gross acre of development.

Certain occupational uses termed "home occupations" are allowed in dwelling units on the basis that such uses are incidental to the use of the premises as a residence. They have special regulations that apply to ensure that home occupations will not be a detriment to the character and livability of the surrounding neighborhood. The regulations ensure that the accessory home occupation remains subordinate to the residential use and the residential viability of the dwelling is maintained. The regulations recognize that many types of jobs can be done in a home with little or no effect on the surrounding neighborhood and, as such, may be permitted provided such uses:

1.

Are incidental to the use of the premises as a residence;

2.

Are conducted within the bona fide residence of the principal practitioner;

3.

Are compatible with residential uses;

4.

Are limited in extent and do not detract from the residential character of the neighborhood.

Examples of permissible home occupations include residents use their home as a place of work, home office or business mailing address, artists, crafts people, writers, consultants, tutoring and family day care.

1.

A home occupation shall be incidental and accessory to the use of a dwelling as a residence. No more than 25 percent of the floor space of the dwelling unit (including attached garages) may be used for the occupation.

2.

There shall be no exterior evidence of the home occupation or alteration of the residence and/or accessory buildings to accommodate the home occupation. Internal or external changes which will make the dwelling appear less residential in nature or function are prohibited. Examples of such prohibited alterations include construction of parking lots (either paved or through use of other material - gravel, etc.), paving of required setbacks, or adding commercial-like exterior lighting. Any alteration or addition which expands the floor area of the principal structure dedicated to the home occupation use shall void the existing business license and require a new business license be obtained, subject to property compliance verification by the city. There shall be no outside operations or exterior storage of inventory or materials to be used in conjunction with a home occupation.

3.

Off-site employees shall not be permitted to work at the residence.

4.

No article, product or service used or sold in connection with such activity shall be other than those normally found on the premises.

5.

No more than one vehicle associated with the home occupation may be parked at the site. Such vehicle is limited to 1½-ton carrying capacity and must be used exclusively by the resident and parked on a valid improved surface (garage, driveway, dedicated parking pad, etc.) out of the public right-of-way. There shall be no parking allowed in the public street in association with or caused by the business.

6.

No use or activity may create noise, dust, glare, vibration, smoke, smell, electrical interference or any fire hazard.

7.

All home occupations shall be subject to periodic inspections by the city.

8.

Any type of repair or assembly of vehicles or equipment with internal combustion engines (such as autos, motorcycles, marine engines, lawn mowers, chain saws and other small engines) or of large appliances (such as washing machines, dryers, and refrigerators) or any other work related to automobiles and their parts is prohibited.

9.

Group instruction, assembly or activity shall not be permitted (day care excluded).

10.

Accessory home occupations may not serve as headquarters or dispatch centers where employees come to the site and are dispatched to other locations.

11.

The city must approve all business licenses which shall be recertified annually.

12.

Pickups from and deliveries to the site in regard to the business shall be restricted to vehicles which have no more than two axles and shall be restricted to no more than two pickups or deliveries per day between the hours of 8:00 a.m. and 6:00 p.m.

13.

Family day care facilities must be certified by Georgia Department of Human Resources prior to the issuance of a business. The number of children allowed by this ordinance shall be calculated at one child per 250 gross square feet of the residence with a maximum of eight (excluding those of the proprietor). The annual renewed certification from the Georgia Department of Human Resources shall be provided to the city upon renewal of the business license.

14.

No advertisement shall be placed in any media (including flyers soliciting business) containing the address of the property for any reason other than billing or correspondence purposes.

15.

No signage advertising the home occupation shall be permitted at the residence or directing to the residence. This includes, but is not limited to, wall signs, window signs, and free standing signs.