Fayette County Unincorporated
City Zoning Code

ARTICLE IV

DISTRICT USE REQUIREMENTS

Sec. 110-124.- Purpose.

The purpose of this article is to delineate the uses and requirements of the established zoning districts.

(Code 1992, ch. 20, art. VI; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2013-02, § 3, 4-25-2013)

Sec. 110-125. - A-R, Agricultural-Residential District.

(a)

Description of district. This district is composed of certain lands and structures having a very low density single-family residential and agricultural character and designed to protect against the depreciating effects of small lot, residential development and those uses which are incompatible with such a residential and agricultural environment.

(b)

Permitted uses. The following permitted uses shall be allowed in the A-R zoning district:

(1)

Single-family dwelling;

(2)

Residential accessory structures and uses (see article III of this chapter);

(3)

Growing of crops and the on-premises sale of produce and agricultural products, provided 50 percent of the produce/products sold shall be grown on-premises;

(4)

Plant nurseries and greenhouses (no sales of related garden supplies);

(5)

Raising of livestock; aquaculture, including pay fishing; apiary (all beehives shall comply with the required setbacks); and the sale thereof; and

(6)

One semi-trailer/box truck utilized as a farm outbuilding, provided the property is a minimum of five acres and the semi-trailer/box truck is only used to store agricultural items.

(c)

Conditional uses. The following conditional uses shall be allowed in the A-R zoning district provided that all conditions specified in article VII of this chapter. Conditional uses, nonconformances, transportation corridor overlay zone, and commercial development standards are met:

(1)

Aircraft landing area;

(2)

Animal hospital, kennel or veterinary clinic;

(3)

A-R bed and breakfast inn;

(4)

A-R wedding/event facility;

(5)

Cemetery;

(6)

Church and/or other place of worship;

(7)

Colleges and university, including, but not limited to: classrooms, administration, housing, athletic fields, gymnasium, and/or stadium;

(8)

Commercial driving range and related accessories;

(9)

Child care facility;

(10)

Deer processing facility.

(11)

Developed residential recreational/amenity areas;

(12)

Farm outbuildings, including horse stables, auxiliary structures, and greenhouses (permanent or temporary);

(13)

Golf course (minimum 18-hole regulation) and related accessories;

(14)

Home occupation;

(15)

Horse show, rodeo, carnival, and/or community fair;

(16)

Hospital;

(17)

Kennel (see animal hospital, kennel, and/or veterinary clinic);

(18)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and stadium;

(19)

Processing, packaging, or handling of perishable agricultural products (i.e. fruits and vegetables) which are grown on premises;

(20)

Recreation centers and similar institutions owned by nonprofit organizations as so registered with the state secretary of state office;

(21)

Religious tent meeting; and

(22)

Shooting range, outdoor.

(d)

Dimensional requirements. The minimum dimensional requirements in the A-R zoning district shall be as follows:

(1)

Lot area: 217,800 square feet (five acres).

(2)

Lot width: 250 feet.

(3)

Floor area: 1,200 square feet.

(4)

Front yard setback:

Major thoroughfare:

Arterial: 100 feet.

Collector: 100 feet.

Minor thoroughfare: 75 feet.

(5)

Rear yard setback: 75 feet.

(6)

Side yard setback: 50 feet.

(7)

35 feet as defined in article III of this chapter.

The limitation on height shall not apply to agricultural structures such as storage barns, silos, or other types of structure not normally designed for human occupation except that when an agricultural structure exceeds the maximum building height the minimum distance from property lines to any building shall be increased one foot for every two feet or part thereof of building height over 35 feet.

(e)

Special regulations. Prior to the issuance of development and/or building permits, a site plan, as applicable, shall be submitted to the zoning administrator and approved by the appropriate county officials. This requirement shall apply to all permitted uses and conditional uses allowed in the AR zoning district except single-family dwellings; residential accessory structures; growing crops and the on-premises sale of produce at agricultural stands of 100 square feet or less of floor area; growing and seasonal sale of Christmas trees; plant nursery, landscape tree farm, or greenhouse operations existing prior to the effective date of June 26, 2003; and the raising and/or selling of livestock.

(Code 1992, § 20-6-1; Ord. of 7-28-2011; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2012-13, § 4, 12-13-2012; Ord. No. 2012-14, § 3, 12-13-2012; Ord. No. 2014-19, § 6,7, 12-11-2014; Ord. No. 2015-05, § 2, 3-26-2015; Ord. No. 2016-12, § 3, 7-28-2016; Ord. No. 2017-04, § 2, 3-23-2017; Ord. No. 2018-03, §§ 11, 12, 9-22-2018)

Sec. 110-126. - C-S, Conservation Subdivision District.

(a)

Purpose. The intent of this section is to create a residential conservation subdivision procedure. A conservation subdivision is a residential subdivision where lots arc reduced in size and clustered to protect the natural attributes of the site and provide open space. This open space will be protected from development in perpetuity and will be utilized to protect water quality, water bodies, wetlands, riparian buffers, woodlands, archaeological resources, historic resources, agricultural areas and scenic areas. This open space will also provide flood protection, a reduction in soil erosion and be utilized for recreation. The aforementioned attributes should be taken into consideration in the design of the subdivision. The first step in designing a conservation subdivision is to locate and delineate the area and natural attributes to be preserved. The residential lots are located outside of this area. In addition, the clustering of lots can result in lower infrastructure costs both for installation and maintenance. The creation of the conservation subdivision (C-S) zoning district is to assist the county in fulfilling the goal of permanently protecting greenspace in the county. The conservation subdivision zoning district is intended for those areas designated low density residential (one unit/one acre) and rural residential—2 (one unit/two acres) and rural residential—3 (one unit/three acres) on the county future land use plan map.

(b)

Rezoning requirements. The following is required for a rezoning petition for the conservation subdivision zoning district in addition to what is normally required for a rezoning petition:

(1)

A petition for the conservation subdivision zoning district will require a yield plan. The number of lots allowed in a conservation subdivision will be determined by a yield plan which is a conventional subdivision design based on the dimensional requirements of the R-70 zoning district in those areas designated low density residential (one unit/one acre) and rural residential—2 (one unit/two acres) on the county future land use plan map and based on the dimensional requirements of the R-80 zoning district in those areas designated rural residential—3 (one unit/three acres) on the county future land use plan map. This concept is referred to as neutral density. The yield plan shall contain the check list requirements available in the office of the planning and zoning department. The rezoning petition shall not be filed with the planning and zoning department until the yield plan has been approved by the applicable departments.

(2)

A development plan shall be required for the rezoning petition. The development plan, as approved, shall establish the layout and uses planned for the development. Any change in the approved development plan, which affects the intent and character of the development, the density or land use pattern, the location or dimensions of streets, or similar substantial changes, shall be reviewed and approved by the board of commissioners upon the recommendation of the planning commission. A petition for a revision of the development plan shall be supported by a written statement as to why the revisions are necessary. Each conservation subdivision shall consist of two areas: the residential area and the conservation area. The conservation area will consist of the environmentally sensitive areas including waterways, water bodies, watershed protection areas, floodplains, wetlands, riparian buffers and woodlands, as well as agricultural areas, existing agricultural structures and historical structures. The conservation area will remain in a natural and undisturbed state with minimal improvements. In addition to what is normally required on the development plan, the development plan shall include the following:

A delineation of the attributes (see subsection (a) of this section) of the site which will be preserved;

A delineation of the residential area and the conservation area including the acreage within each area;

Uses and improvements planned for the conservation area with the acreage devoted to each; and

Indicate and label existing structures to remain.

(c)

Uses permitted within the residential area of a conservation subdivision. The following permitted uses shall be allowed in the residential area of the C-S zoning district:

(1)

Single-family dwelling; and

(2)

Residential accessory structures and uses (see article III of this chapter).

(d)

Conditional uses permitted within the residential area of a conservation subdivision. The following conditional uses shall be allowed in the residential area of C-S zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Home occupation;

(2)

Horse quarters; and

(3)

Developed residential recreational/amenity areas.

(e)

Uses permitted within the conservation area of a conservation subdivision. The following permitted uses and structures shall be allowed in the conservation area of the C-S zoning district:

(1)

Trails and paths (impervious trails and paths are limited to five percent of the conservation area);

(2)

Picnic areas which can include picnic tables, grills, benches, playground equipment (swing sets, slides, etc.). Picnic areas and one covered picnic pavilion are required to be set back 50 feet from any residential property line and are limited to five percent of the conservation area. The covered picnic pavilion shall be limited to a maximum of 900 square feet;

(3)

Community gardens for the use of the residents of the subdivision only;

(4)

The maintenance of existing orchards and groves including the harvesting of fruit and nuts;

(5)

The maintenance of existing pastures including the harvesting of hay; and

(6)

The maintenance of existing farm fields used for row crops including the harvesting of crops.

(7)

Stormwater management facilities per chapter 104, article XIV and mail CBUs with associated shelter structures.

All improvements within the conservation area shall comply with chapter 104, article VII.

(f)

Dimensional requirements. The minimum dimensional requirements within the residential area in the C-S zoning district shall be as follows:

(1)

Lot area per dwelling unit:

Where central sanitary sewage or central water distribution system is provided: 43,560 square feet (one acre) only within an area designated low density residential or rural residential—2.

Where neither a central sanitary sewage nor a central water distribution system is provided: 65,340 square feet (1½ acres) only an area designated Low Density Residential or Rural Residential—2.

Within an area designated Rural Residential—3: 65,340 square feet (1 ½ acres).

(2)

Lot width per dwelling unit:

Major thoroughfare:

Arterial: 150 feet.

Collector: 150 feet.

Minor thoroughfare: 125 feet.

(3)

Floor area: 2,100 square feet.

(4)

Front yard setback:

Major thoroughfare:

Arterial: 100 feet.

Collector: 75 feet.

Minor thoroughfare: 50 feet.

(5)

Rear yard setback: 30 feet.

(6)

Side yard setback: 20 feet.

(7)

Height limit: 35 feet.

(g)

Use of existing structure. The preservation of existing historic residential structures listed in the architectural survey of the county is encouraged as these structures can be used as residences or community facilities for the subdivision. Existing residential structures used for a community facility shall meet all applicable building and safety codes and will be regulated as a conditional use under developed residential recreational/amenity areas. The preservation of existing agricultural structures is also encouraged as they will assist in maintaining a rural character. The use of these residential and agricultural structures will be subject to the approval of the zoning board of appeals in terms of nonconformance with this zoning district.

(h)

Conservation area requirements. The conservation area of the subdivision shall meet the following requirements:

(1)

Ownership. Title to the conservation area shall be conveyed to one of the following entities:

A homeowners' association that has been established according to the Georgia Property Owners' Association Act (O.C.G.A. § 44-3-220 et seq.); or

A conservation trust organization approved by the county board of commissioners; or

The county board of commissioners (for conservation areas with no structures only).

(2)

Size. Each development eligible for treatment as a conservation subdivision shall place at least 40 percent of the total subject property into the conservation area notwithstanding the yield plan. This area shall be described by metes and bounds.

(3)

Permanent protection. Each conservation area regardless of ownership shall have a conservation casement as approved by the county attorney filed in the records of the county clerk of superior court. The conservation easement shall reserve the conservation area to conservation uses as defined herein in perpetuity.

(Code 1992, § 20-6-2; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2020-02, § 6, 5-28-2020)

Sec. 110-127. - EST, Estate Residential District.

(a)

Purpose. An estate residential subdivision is a residential subdivision where lots are reduced in size and clustered to provide conservation area. Each estate residential subdivision will consist of two areas, a residential area and a conservation area. The conservation area will be protected from development in perpetuity by an easement or deed restriction. The conservation area will be utilized for approved recreation for the residents of the subdivision. The clustering of lots can result in lower infrastructure costs both for installation and maintenance. The estate residential zoning district is intended for those areas designated agricultural-residential (one unit/five acres) on the county land use plan map. The creation of the EST Estate Residential District is to assist the county in permanently protecting greenspace in the county.

(b)

Rezoning requirements. The following is required for a rezoning petition for the estate residential zoning district in addition to what is normally required for a rezoning petition:

(1)

A petition for the estate residential zoning district will require a yield plan. The number of lots allowed in an estate residential zoning district will be determined by a yield plan which is a conventional subdivision design based on the dimensional requirements of the A-R zoning district. This concept is referred to as neutral density. The yield plan shall contain the checklist requirements available in the planning and zoning department. The rezoning petition shall not be filed with the planning and zoning department until the yield plan has been approved by the applicable departments.

(2)

A development plan shall be required for the rezoning petition. The development plan, as approved, shall establish the layout and uses planned for the development. Any change in the approved development plan, which affects the intent and character of the development, the density or land use pattern, the location or dimensions of streets, or similar substantial changes, shall be reviewed and approved by the board of commissioners upon the recommendation of the planning commission. A petition for a revision of the development plan shall be supported by a written statement as to why the revisions are necessary. Each EST subdivision shall consist of two areas: the residential area and the conservation area. The conservation area will consist of the environmentally sensitive areas, including waterways, water bodies, watershed protection areas, floodplains, wetlands, riparian buffers and woodlands, as well as, agricultural areas existing agricultural structures and historical structures. The conservation area will remain in a natural and undisturbed state with minimal improvements. In addition to what is normally required on the development plan, the development plan shall include the following:

A delineation of the attributes (see subsection (a) of this section) of the site which will be preserved;

A delineation of the residential area and the conservation area including the approximate acreage within each area;

Uses and improvements planned for the conservation area with the acreage devoted to each; and

Indicate and label existing structures to remain.

(c)

Uses permitted within the residential area of an estate residential subdivision. The following permitted uses shall be allowed in the residential area of the estate residential zoning district:

(1)

Single-family dwelling; and

(2)

Residential accessory structures and uses (see article III of this chapter).

(d)

Conditional uses. The following conditional uses shall be allowed in the residential area of EST zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Developed residential recreational/amenity areas;

(2)

Home occupation; and

(3)

Horse quarters.

(e)

Uses permitted within the conservation area of an estate residential subdivision. The following permitted uses and structures shall be allowed in the conservation area of the estate residential zoning district:

(1)

Trails and paths (impervious trails and paths are limited to five percent of the conservation area);

(2)

Picnic areas which can include picnic tables, grills, benches, playground equipment (swing sets, slides, etc.). Picnic areas and one covered picnic pavilion are required to be setback 50 feet from any residential property line and are limited to five percent of the conservation area. The covered picnic pavilion shall not exceed a maximum of 900 square feet;

(3)

Community gardens for the use of the residents of the subdivision only;

(4)

The maintenance of existing orchards and groves including the harvesting of fruit and nuts;

(5)

The maintenance of existing pastures including the harvesting of hay; and

(6)

The maintenance of existing farm fields used for row crops including the harvesting of crops.

(7)

Stormwater management facilities per chapter 104, article XIV and mail CBUs with associated shelter structures.

All improvements within the conservation area shall comply with chapter 104, article VII.

(f)

Dimensional requirements. The minimum dimensional requirements within the residential area in the estate residential zoning district shall be as follows:

(1)

Lot area per dwelling unit: 108,900 square feet (2.5 acres).

(2)

Lot width per dwelling unit: 160 feet.

(3)

Floor area: 2,500 square feet.

(4)

Front yard setback:

Major thoroughfare:

Arterial: 100 feet.

Collector: 75 feet.

Minor thoroughfare: 50 feet.

(5)

Rear yard setback: 50 feet.

(6)

Side yard setback: 25 feet.

(7)

Height limit: 35 feet.

(g)

(h)

Conservation area requirements. The conservation area of the subdivision shall meet the following requirements:

(1)

Ownership. Title to the conservation area shall be conveyed to one of the following entities:

A homeowners' association that has been established according to the Georgia Property Owners' Association Act (O.C.G.A. § 44-3-220 et seq.); or

A conservation trust organization approved by the county board of commissioners; or

The county board of commissioners (for conservation areas with no structures only).

(2)

Size. A minimum of 40 percent of the total subject property shall be set aside in conservation area. The conservation area described in its entirety by metes and bounds, total acreage and percentage of total subject property shall be submitted to the county zoning department in the final plat or minor subdivision plat stage prior to final plat or minor subdivision plat approval.

(3)

Permanent protection. Each conservation area regardless of ownership shall have a casement or deed restriction as approved by the county attorney filed in the records of the county clerk of superior court. The conservation easement shall reserve the conservation area to uses as defined herein in perpetuity.

(Code 1992, § 20-6-3; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2020-02, § 7, 5-28-2020; Ord. No. 2020-07, § 1, 8-27-2020)

Sec. 110-128. - R-85, Single-Family Residential District.

(a)

Description of district. This district is composed of certain lands and structures, having a low density single-family character and is designed to protect against the depreciating effects of small lot development and those uses incompatible with such a residential environment.

(b)

Permitted uses. The following uses shall be permitted in the R-85 zoning district:

(1)

Single-family dwelling;

(2)

Residential accessory structures and uses (see article III of this chapter); and

(3)

Growing crops, gardens.

(c)

Conditional uses. The following conditional uses shall be allowed in the R-85 zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Church and/or other place of worship;

(2)

Developed residential recreational/amenity areas;

(3)

Home occupation;

(4)

Horse quarters; and

(5)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and stadium.

(d)

Dimensional requirements. The minimum dimensional requirements in the R-85 zoning district shall be as follows:

(1)

Lot area per dwelling unit: 130,680 square feet (three acres).

(2)

Lot width: 175 feet.

(3)

Floor area: 3,000 square feet.

(4)

Front yard setback:

Major thoroughfare:

Arterial: 100 feet.

Collector: 75 feet.

Minor thoroughfare: 50 feet.

(5)

Rear yard setback: 50 feet.

(6)

Side yard setback: 30 feet.

(7)

Height limit: 35 feet.

(Code 1992, § 20-6-4; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2018-03, § 13, 9-22-2018; Ord. No. 2020-02, § 8, 5-28-2020)

Sec. 110-129. - R-80, Single-Family Residential District.

(a)

Description of district. This district is composed of certain lands and structures having a very low density single-family residential character and designed to protect against the depreciating effects of small lot development and those uses incompatible with such a residential environment.

(b)

Permitted uses. The following permitted uses shall be allowed in the R-80 zoning district:

(1)

Single-family dwelling;

(2)

Residential accessory structures and uses (see article III of this chapter); and

(3)

Growing crops, gardens.

(c)

Conditional uses. The following conditional uses shall be allowed in the R-80 zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Church and/or other place of worship;

(2)

Developed residential recreational/amenity areas;

(3)

Home occupation;

(4)

Horse quarters; and

(5)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and stadium.

(d)

Dimensional requirements. The minimum dimensional requirements in the R-80 zoning district shall be as follows:

(1)

Lot area per dwelling: 130,680 square feet (three acres).

(2)

Lot width: 175 feet.

(3)

Floor area: 2,500 square feet.

(4)

Front yard setback:

Major thoroughfare:

Arterial: 75 feet.

Collector: 75 feet.

Minor thoroughfare: 50 feet.

(5)

Rear yard setback: 50 feet.

(6)

Side yard setback: 30 feet.

(7)

Height limit: 35 feet.

(Code 1992, § 20-6-5; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2018-03, § 13, 9-22-2018)

Sec. 110-130. - R-78, Single-Family Residential District.

(a)

(b)

Permitted uses. The following uses shall be permitted in the R-78 zoning district:

(1)

Single-family dwelling;

(2)

Residential accessory structures and uses (see article III of this chapter); and

(3)

Growing crops, gardens.

(c)

Conditional uses. The following conditional uses shall be allowed in the R-78 zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Church and/or other place of worship;

(2)

Developed residential recreational/amenity areas;

(3)

Home occupation;

(4)

Horse quarters; and

(5)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and stadium.

(d)

Dimensional requirements. The minimum dimensional requirements in the R-78 zoning district shall be as follows:

(1)

Lot area per dwelling unit: 87,120 square feet (two acres).

(2)

Lot width: 125 feet.

(3)

Floor area: 3,000 square feet.

(4)

Front yard setback:

Major thoroughfare:

Arterial: 100 feet.

Collector: 75 feet.

Minor thoroughfare: 50 feet.

(5)

Rear yard setback: 50 feet.

(6)

Side yard setback: 25 feet.

(7)

Height limit: 35 feet.

(Code 1992, § 20-6-6; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2018-03, § 13, 9-22-2018)

Sec. 110-131. - R-75, Single-Family Residential District.

(a)

(b)

Permitted uses. The following uses shall be permitted in the R-75 zoning district:

(1)

Single-family dwelling;

(2)

Residential accessory structures and uses (see article III of this chapter); and

(3)

Growing crops, gardens.

(c)

Conditional uses. The following conditional uses shall be allowed in the R-75 zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Church and/or other place of worship;

(2)

Developed residential recreational/amenity areas;

(3)

Home occupation;

(4)

Horse quarters; and

(5)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and stadium.

(d)

Dimensional requirements. The minimum dimensional requirements in the R-75 zoning district shall be as follows:

(1)

Lot area per dwelling unit: 87,120 square feet (two acres).

(2)

Lot width: 125 feet.

(3)

Floor area: 2,500 square feet.

(4)

Front yard setback:

Major thoroughfare:

Arterial: 100 feet.

Collector: 75 feet.

Minor thoroughfare: 50 feet.

(5)

Rear yard setback: 50 feet.

(6)

Side yard setback: 25 feet.

(7)

Height limit: 35 feet.

(Code 1992, § 20-6-7; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2018-03, § 13, 9-22-2018)

Sec. 110-132. - R-72, Single-Family Residential District.

(a)

Description of district. This district is composed of certain lands and structures having a low density single-family residential character and designed to protect against the depreciating effects of small lot development and those uses incompatible with such a residential environment.

(b)

Permitted uses. The following permitted uses shall be allowed in the R-72 zoning district:

(1)

Single-family dwelling;

(2)

Residential accessory structures and uses (see article III of this chapter); and

(3)

Growing crops, gardens.

(c)

Conditional uses. The following conditional uses shall be allowed in the R-72 zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Church and/or other place of worship;

(2)

Developed residential recreational/amenity areas;

(3)

Home occupation;

(4)

Horse quarters; and

(5)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and stadium.

(d)

Dimensional requirements. The minimum dimensional requirements in the R-72 zoning district shall be as follows:

(1)

Lot area per dwelling unit: 87,120 square feet (two acres).

(2)

Lot width:

Major thoroughfare:

Arterial: 175 feet.

Collector: 175 feet.

Minor thoroughfare: 150 feet.

(3)

Floor area: 2,100 square feet.

(4)

Front yard setback:

Major thoroughfare:

Arterial: 75 feet.

Collector: 75 feet.

Minor thoroughfare: 50 feet.

(5)

Rear yard setback: 50 feet.

(6)

Side yard setback: 25 feet.

(7)

Height limit: 35 feet.

(Code 1992, § 20-6-8; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2018-03, § 13, 9-22-2018)

Sec. 110-133. - R-70, Single-Family Residential District.

(a)

Description of district. This district is composed of certain lands and structures having a low density single-family residential character and designed to protect against the depreciating effects of excessive densities and development and those uses incompatible with such a residential environment.

(b)

Permitted uses. The following permitted uses shall be allowed in the R-70 zoning district:

(1)

Single-family dwelling;

(2)

Residential accessory structures and uses (see article III of this chapter); and

(3)

Growing crops, gardens.

(c)

Conditional uses. The following conditional uses shall be allowed in the R-70 zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Church and/or other place of worship;

(2)

Developed residential recreational/amenity areas;

(3)

Home occupation;

(4)

Horse quarters; and

(5)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and stadium.

(d)

Dimensional requirements. The minimum dimensional requirements in the R-70 zoning district shall be as follows:

(1)

Lot area per dwelling unit: 87,120 square feet (two acres).

(2)

Lot width:

Major thoroughfare:

Arterial: 175 feet.

Collector: 175 feet.

Minor thoroughfare: 150 feet.

(3)

Floor area: 1,500 square feet.

(4)

Front yard setback:

Major thoroughfare:

Arterial: 75 feet.

Collector: 75 feet.

Minor thoroughfare: 50 feet.

(5)

Rear yard setback: 50 feet.

(6)

Side yard setback: 25 feet.

(7)

Height limit: 35 feet.

(Code 1992, § 20-6-9; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2018-03, § 13, 9-22-2018)

Sec. 110-134. - R-55, Single-Family Residential District.

(a)

Description of district. This district is composed of certain lands and structures having a low density single-family character and is designed to protect against the depreciating effects of small lot development and those uses incompatible with such a residential environment.

(b)

Permitted uses. The following uses shall be permitted in the R-55 zoning district:

(1)

Single-family dwelling;

(2)

Residential accessory structures and uses (see article III of this chapter); and

(3)

Growing crops, gardens.

(c)

Conditional uses. The following conditional uses shall be allowed in the R-55 zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Church and/or other place of worship;

(2)

Developed residential recreational/amenity areas;

(3)

Home occupation;

(4)

Horse quarters; and

(5)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and stadium.

(d)

Dimensional requirements. The minimum dimensional requirements in the R-55 zoning district shall be as follows:

(1)

Lot area per dwelling unit:

Where central sanitary sewage or central water distribution system is provided: 43,560 square feet (one acre).

Where neither a central sanitary sewage nor a central water distribution system is provided: 65,340 square feet (1.5 acres).

(2)

Lot width: 150 feet.

(3)

Floor area: 2,500 square feet.

(4)

Front yard setback:

Major thoroughfare:

Arterial: 100 feet.

Collector: 75 feet.

Minor thoroughfare: 50 feet.

(5)

Rear yard setback: 50 feet.

(6)

Side yard setback: 25 feet.

(7)

Height limit: 35 feet.

(Code 1992, § 20-6-10; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2018-03, § 13, 9-22-2018)

Sec. 110-135. - R-50, Single-Family Residential District.

(a)

(b)

Permitted uses. The following permitted uses shall be allowed in the R-50 zoning district:

(1)

Single-family dwelling;

(2)

Residential accessory structures and uses (see article III of this chapter); and

(3)

Growing crops, gardens.

(c)

Conditional uses. The following conditional uses shall be allowed in the R-50 zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Church and/or other place of worship;

(2)

Developed residential recreational/amenity areas;

(3)

Home occupation;

(4)

Horse quarters; and

(5)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and stadium.

(d)

Dimensional requirements. The minimum dimensional requirements in the R-50 zoning district shall be as follows:

(1)

Lot area per dwelling unit:

Where central sanitary sewage or central water distribution system is provided: 43,560 square feet (one acre).

Where neither a central sanitary sewage nor a central water distribution system is provided: 65,340 square feet (1.5 acres).

(2)

Lot width:

Major thoroughfare:

Arterial: 150 feet.

Collector: 150 feet.

Minor thoroughfare: 125 feet.

(3)

Floor area: 2,100 square feet.

(4)

Front yard setback:

Major thoroughfare:

Arterial: 100 feet.

Collector: 75 feet.

Minor thoroughfare: 50 feet.

(5)

Rear yard setback: 30 feet.

(6)

Side yard setback: 20 feet.

(7)

Height limit: 35 feet.

(Code 1992, § 20-6-11; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2018-03, § 13, 9-22-2018)

Sec. 110-136. - R-45, Single-Family Residential District.

(a)

(b)

Permitted uses. The following permitted uses shall be allowed in the R-45 zoning district:

(1)

Single-family dwelling;

(2)

Residential accessory structures and uses (see article III of this chapter); and

(3)

Growing crops, gardens.

(c)

Conditional uses. The following conditional uses shall be allowed in the R-45 zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Church and/or other place of worship;

(2)

Developed residential recreational/amenity areas;

(3)

Home occupation;

(4)

Horse quarters; and

(5)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and stadium.

(d)

Dimensional requirements. The minimum dimensional requirements in the R-45 zoning district shall be as follows:

(1)

Lot area per dwelling unit:

Where central sanitary sewage or central water distribution system is provided: 43,560 square feet (one acre).

Where neither a central sanitary nor central water distribution system is provided: 65,340 square feet (1.5 acres).

(2)

Lot width: 125 feet.

(3)

Floor area: 1,800 square feet.

(4)

Front yard setback:

Major thoroughfare:

Arterial: 60 feet.

Collector: 60 feet.

Minor thoroughfare: 40 feet.

(5)

Rear yard setback: 40 feet.

(6)

Side yard setback: 20 feet.

(7)

Height limit: 35 feet.

(Code 1992, § 20-6-12; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2018-03, § 13, 9-22-2018)

Sec. 110-137. - R-40, Single-Family Residential District.

(a)

Description of district. This district is composed of certain lands and structures in the county, having a low density single-family residential character and is designed to protect against the depreciating effects of small lot development and those uses incompatible with such a residential environment.

(b)

Permitted uses. The following permitted uses shall be allowed in the R-40 zoning district:

(1)

Single-family dwelling;

(2)

Residential accessory structures and uses (see article III of this chapter); and

(3)

Growing crops, gardens.

(c)

Conditional uses. The following conditional uses shall be allowed in the R-40 zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Church and/or other place of worship;

(2)

Developed residential recreational/amenity areas;

(3)

Home occupation;

(4)

Horse quarters; and

(5)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and stadium.

(d)

Dimensional requirements. The minimum dimensional requirements within the R-40 zoning district shall be as follows:

(1)

Lot area per dwelling unit:

Where central sanitary sewage or central water distribution systems are provided: 43,560 square feet (one acre).

Where neither a central sanitary sewage nor a central water distribution system is provided: 65,340 square feet (1.5 acres).

(2)

Lot width:

Major thoroughfare:

Arterial: 150 feet.

Collector: 150 feet.

Minor thoroughfare: 125 feet.

(3)

Floor area: 1,500 square feet.

(4)

Front yard setback:

Major thoroughfare:

Arterial: 60 feet.

Collector: 60 feet.

Minor thoroughfare: 40 feet.

(5)

Rear yard setback: 30 feet.

(6)

Side yard setback: 15 feet.

(7)

Height limit: 35 feet.

(Code 1992, § 20-6-13; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2018-03, § 13, 9-22-2018)

Sec. 110-138. - R-20, Single-Family Residential District.

(a)

Description of district. This district is composed of certain lands and structures having a medium density single-family residential character and designed to protect against the depreciating effects of small lot development and those uses incompatible with such a residential environment.

(b)

Permitted uses. The following permitted uses shall be allowed in the R-20 zoning district:

(1)

Single-family dwelling;

(2)

Residential accessory structures and uses (see article III of this chapter); and

(3)

Growing crops, gardens.

(c)

Conditional uses. The following conditional uses shall be allowed in the R-20 zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Church and/or other place of worship;

(2)

Developed residential recreational/amenity areas;

(3)

Home occupation;

(4)

Horse quarters; and

(5)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and stadium.

(d)

Dimensional requirements. The minimum dimensional requirements in the R-20 zoning district shall be as follows:

(1)

Lot area per dwelling unit:

Where a central sanitary sewage or a central water distribution system is provided: 43,560 square feet (one acre).

Where neither a central sanitary sewage nor a central water distribution system is provided: 65,340 square feet (1.5 acres).

(2)

Lot width:

Major thoroughfare:

Arterial: 150 feet.

Collector: 150 feet.

Minor thoroughfare: 125 feet.

(3)

Floor area: 1,200 square feet.

(4)

Front yard setback:

Major thoroughfare:

Arterial: 60 feet.

Collector: 60 feet.

Minor thoroughfare: 40 feet.

(5)

Rear yard setback: 30 feet.

(6)

Side yard setback: 15 feet.

(7)

Height limit: 35 feet.

(Code 1992, § 20-6-14; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2018-03, § 13, 9-22-2018)

Sec. 110-139. - DR-15, One- and Two-Family Residential District.

(a)

Description of district. This district is composed of certain lands and structures having a high density one and two-family residential character and designed to protect against the depreciating effects of small lot development and those uses incompatible with such a residential environment.

(b)

Permitted uses. The following permitted uses shall be allowed in the DR-15 zoning district:

(1)

Single-family dwelling;

(2)

Residential accessory structures and uses (see article III of this chapter);

(3)

Growing crops, gardens; and

(4)

Two-family dwellings.

(c)

Conditional uses. The following conditional uses shall be allowed in the DR-15 zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Church and/or other place of worship;

(2)

Developed residential recreational/amenity areas;

(3)

Home occupation; and

(4)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and stadium.

(d)

Dimensional requirements. The minimum dimensional requirements in the DR-15 zoning district shall be as follows:

(1)

Lot area per dwelling:

Single-family or two-family dwelling with central sanitary sewage or central water distribution system: 43,560 square feet (one acre).

Where neither a central sanitary sewage nor a central water distribution system is provided: 65,340 square feet (1.5 acres).

(2)

Lot width:

Major thoroughfare:

Arterial: 125 feet.

Collector: 125 feet.

Minor thoroughfare: 100 feet.

(3)

Floor area:

Single-family dwelling: 1,200 square feet.

Two-family dwelling: 1,800 square feet.

(4)

Front yard setback:

Major thoroughfare:

Arterial: 50 feet.

Collector: 45 feet.

Minor thoroughfare: 40 feet.

(5)

Rear yard setback: 30 feet.

(6)

Side yard setback: 10 feet.

(7)

Height limit: 35 feet.

(8)

Off-street parking: Parking spaces for three motor vehicles per dwelling unit.

(Code 1992, § 20-6-15; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2018-03, § 13, 9-22-2018)

Sec. 110-140. - RMF, Multi-Family Residential District.

(a)

Description of district. The intent of the RMF district is to provide locations in which high density residential uses can take place. The RMF district is designed to promote desirable housing conditions for high density residential uses, while minimizing the negative impacts associated with said uses on the county's roads, schools, and water supply.

(b)

Permitted uses. The following permitted uses and structures shall be allowed in the RMF zoning district:

(1)

Apartments; and

(2)

Townhouses.

(c)

Conditional uses. The following conditional use shall be allowed in the RMF zoning district provided that all conditions specified in article V of this chapter are met: home occupation.

(d)

Dimensional requirements. The minimum dimensional requirements in the RMF zoning district shall be as follows:

(1)

Maximum requirements per development:

Maximum density: five units per gross acre.

Maximum number of dwelling units per development: 160.

(2)

Minimum requirements for a development:

Site area: five acres

Site frontage: 50 feel of immediate frontage on at least one street which has been identified as an arterial as specified by the county thoroughfare plan.

Peripheral yard requirements:

Front yard:

(i)

Major thoroughfare:

State-numbered route: 150 feet.

Arterial: 100 feet.

Collector: 80 feet.

(ii)

Minor thoroughfare: 60 feet.

Side yard: 40 feet.

Rear yard: 40 feet.

(3)

Lot coverage and minimum open space.

No more than 40 percent of any development site may be covered with buildings, structures or parking areas. Driveways, sidewalks, covered patios, recreation facilities, and swimming pools shall not be computed as lot coverage.

Private, usable open space, such as balconies, sundecks or patios shall be provided contiguous to each dwelling unit. The area of such open space shall not be less than ten percent of the floor area of the unit served except that balconies shall not be less than five percent.

The minimum distance between buildings, including any projections, shall not be less than 50 feet.

(4)

Height limit: 35 feet.

(5)

Floor area:

One bedroom: 600 square feet.

Two bedroom: 850 square feet.

Three bedroom: 1,200 square feet.

(6)

Special location and spatial requirements:

No more than eight dwelling units shall compose a single building.

Within a townhouse development, no more than three consecutive dwelling units which form a part of a single building shall have the same front setback or roof line. Such setback and roof line shall be varied by a minimum of 16 inches.

All exterior refuse areas or outside storage shall be screened in accordance with article III of this chapter.

Recreation facilities, including swimming pools, and common facilities shall not be located within 150 feet of any single-family residential district, unless the recreational facility is screened from view of the single-family district by a principal dwelling or accessory building which exceeds the length of the recreational facility by 20 feet in each direction.

At least 15 percent of the total land area shall be reserved for recreation available to all residents of the development. At a minimum, recreation areas shall include the following:

One swimming pool at least 1,000 square feet;

Two standard tennis courts;

One children's playground; and

20 off-street parking spaces.

Parking areas shall not be located within the minimum required peripheral front, side, or rear yards of the development. A minimum of three spaces are required per dwelling unit.

(7)

Circulation system requirements.

Principal access drives serving more than ten dwelling units shall be constructed to the county public street standards.

Parking areas shall be connected to living units by paved walkways. Sidewalks may be required where necessary for safe pedestrian circulation as determined by the county engineer.

(8)

Landscape areas and buffers. If a rear or side peripheral yard adjoins a residential or A-R zoning district, a minimum buffer of 50 feet shall be provided within the required setback. The front peripheral yard shall be landscaped in accordance with chapter 104.

(9)

Subdivisions. Where developments are designed or otherwise proposed such that each dwelling therein is to be sold along with the land on which it sits and any yards, such divisions shall comply with chapter 104, article VII.

(Code 1992, § 20-6-16; Ord. No. 2012-09, § 4, 5-24-2012)

Sec. 110-141. - MHP, Manufactured Home Park District.

(a)

Description of district. This district is composed of certain lands and structures for purpose of providing the proper development of manufactured home parks.

(b)

Permitted uses. The following permitted uses shall be allowed in the MHP zoning district:

(1)

Manufactured home park;

(2)

Residential accessory structures and uses (see article III of this chapter);

(3)

Office trailer; and

(4)

Growing crops, gardens.

(c)

Conditional uses. The following conditional uses shall be allowed in the MHP zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Child care facility; and

(2)

Home occupation.

(d)

Special regulations. The following regulations shall apply to the MHP zoning district in addition to any other applicable regulations herein:

(1)

Development plan: The applicant shall file a petition with the zoning administrator for approval of a manufactured home park. This application shall be supported by six copies of a written summary of the development planned, known as a letter of intent, which shall describe the proposed development in detail and a site plan. The site plan and letter of intent shall present the following information:

A draft of the proposed rules and regulations which shall be established and enforced by the management of the manufactured home park;

Existing topographic conditions, including where necessary, contour intervals of not less than two feet based on field surveys or photogrammetric methods at a minimum scale of one inch equals 100 feet;

The existing and proposed land uses and the approximate location of all buildings and structures;

The location of existing and proposed streets and parking areas;

A legal description of the subject property;

Typical elevation drawings, indicating general architectural style and building exterior materials, if possible, of all permanent buildings and structures to be constructed on the premises;

A statement of the present ownership of all land within the proposed development;

A summary of acres, dwelling units, and gross density, as well as a statement of the number of acres devoted to buffer areas, and green belts or other amenities, such as lakes, etc.;

A description of the phases under which construction shall be programmed, depicting the geographical limits of each phase of construction; and

Specific plans for provision of central water and central sanitary sewage systems.

(2)

Pre-application conference. Prior to filing a formal application for a manufactured home park the applicant is required to appear before the planning commission in a public hearing in order to provide for review of the general character of the proposed manufactured home park development (on the basis of a tentative land use sketch, if available), and to obtain information on projected programs or improvements, as well as county requirements.

(3)

Approval. An application for approval of a manufactured home park will be considered administratively as a petition for rezoning, and will be subject to the procedures established in this chapter. After review and public hearing, the board of commissioners may disapprove, approve or approve with modifications to the site plan and/or letter of intent, after receiving the recommendation of the planning commission.

(4)

Use regulations. In addition to the above listed permitted uses, the buildings or land shall only be used as follows:

Parking and inhabiting of manufactured homes in parks with a minimum of 50 spaces, provided all facilities shown on the site plan submitted to and approved by the board of commissioners are installed and maintained according to the schedule submitted with the site plan and stipulations of the letter of intent;

Recreation facilities, office and/or maintenance and storage buildings, for residents of the manufactured home park only. No repair facilities of any type including automobile repair shall be permitted;

Convenience food stores with a maximum of 1,500 square feet including inside and outside storage, as an accessory to a manufactured home park as designated on an approved site plan;

Laundromat, including coin operated dry cleaning, as an accessory to a manufactured home park as designated on an approved site plan, upon approval by the county health department;

The sale or display of a manufactured home, provided each such manufactured home offered for sale shall be located on its individual lot and connected to all utilities.

(5)

Perimeter requirements.

A buffer zone having a minimum width of 150 feet shall be provided so as to provide a continuous buffer along all side and rear yards of any manufactured home park.

A buffer zone having a minimum depth of 100 feet shall extend along the entire frontage of any manufactured home park.

Where the existing foliage in the buffer zones is not sufficient to provide and maintain an evergreen visual screen between adjacent properties, landscaping and planting shall be required sufficient to provide visual separation and privacy between a manufactured home park and adjacent properties and/or streets.

(6)

Storage requirements. Each manufactured home park shall provide an area for the storage of boats, travel trailers and/or other vehicles which shall be at least ten percent of the gross area of the manufactured home park, provided, however, said ten percent is not located in a flood hazard area.

(7)

Circulation system. Each manufactured home park shall have a minimum 200 feet of frontage and only access an arterial thoroughfare.

Each manufactured home park over 20 acres in size shall have a minimum of two access streets or drives to provide ingress and egress for vehicular traffic.

Provision shall be made for safe, all-weather pedestrian movement within the development.

(8)

Night lighting. Streets, pedestrian walkways and parking areas shall be adequately lighted.

(9)

Garbage refuse collection facilities. Garbage refuse collection shall be provided by the manufactured home park owner.

(10)

Utilities. Each manufactured home shall be connected with water and sanitary facilities in a manner approved by the county health department and in compliance with the regulations of the county water system. Each manufactured home shall be served by electricity and gas. All utilities shall be placed underground.

(11)

Recreation facilities. A minimum of ten percent of the gross acreage of the manufactured home park shall be provided for common facilities, open space, and recreation for the residents of the manufactured home park.

(e)

Dimensional requirements. The minimum dimensional requirements in the MHP zoning district shall be as follows:

(1)

No manufactured home park shall be constructed or maintained on a lot consisting of a total area of less than ten acres.

(2)

Each manufactured home shall be located on a separate lot as follows:

Each lot shall have a minimum width of 60 feet.

Each lot shall contain a minimum of 6,000 square feet.

Each lot shall provide a paved concrete or all-weather patio area having a minimum area of 300 square feet.

(3)

Manufactured home citing requirements. Within 60 days of the citing of a manufactured home on its lot, the undercarriage of the manufactured home shall be concealed from view, through the use of permanent nonflammable construction materials. No manufactured home or other structure shall be located within:

Four feet of its individual lot line; or

15 feet of any street or drive within the manufactured home park.

(4)

Height limit: 35 feet.

(Code 1992, § 20-6-17; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2012-14, § 3, 12-13-2012; Ord. No. 2018-03, § 13, 9-22-2018)

Sec. 110-142. - O-I, Office-Institutional District.

(a)

Description of district. This district is composed of certain lands and structures having office and institutional uses which are compatible with or provide a transition into low-intensity land uses.

(b)

Permitted principal uses and structures. The following permitted uses shall be allowed in the O-I zoning district:

(1)

Office;

(2)

Art gallery;

(3)

Bank and/or financial institution;

(4)

Banquet hall/event facility;

(5)

College and/or university, including classrooms and/or administration only;

(6)

Educational/instructional/tutorial facilities, including, but not limited to: academic, art, computer, dance, driving and/or DUI, martial arts, music, professional/business/trade, and similar facilities;

(7)

Health club and/or fitness center;

(8)

Hotel;

(9)

Insurance carrier, agent, and/or broker;

(10)

Laboratory, medical, and/or dental;

(11)

Legal services;

(12)

Massage therapy (see chapter 8);

(13)

Medical/dental office (human treatment);

(14)

Military recruiting office;

(15)

Museum;

(16)

Performing arts theater;

(17)

Private school, including classrooms and/or administration only;

(18)

Professional services, including, but not limited to: accounting; advertising and marketing research services; architectural firms; bookkeeping, tax preparation; brokerage firms; computer system software design; consulting services; engineering firms; internet and web hosting firms; payroll services; photographic services; research services; specialized design services; telemarketing; and translation and interpretation services; and

(19)

Real estate agent and/or broker.

(c)

Permitted principal uses and structures for office parks with at least 100,000 square feet of floor area. In an office park having at least 100,000 square feet of floor area, the following retail and service uses shall be permitted as long as collectively such uses comprise no more than ten percent of the total floor area, are located in a building in which office uses comprise at least 50 percent of the floor area and have no exterior advertising display:

(1)

Beauty shop and/or barbershop;

(2)

Blueprinting;

(3)

Cafeteria;

(4)

Commercial art and/or drafting service;

(5)

Day care facility;

(6)

Delivery and/or messenger service;

(7)

Drug store;

(8)

Florist;

(9)

Gift shop;

(10)

Photocopying and/or reproduction;

(11)

Restaurant (limited to five percent of total floor area of office park and included in overall ten percent limitation);

(12)

Stenographic and/or typing service;

(13)

Teleconferencing center; and

(14)

Travel agency and/or ticket office.

(d)

Conditional uses. The following conditional uses shall be allowed in the O-I zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Adult day care facility;

(2)

Animal hospital and/or veterinary clinic (with no animal boarding or outdoor runs);

(3)

Care home, convalescent center, and/or nursing home;

(4)

Church and/or other place of worship;

(5)

College and/or university, including, but not limited to: classrooms, administration, housing, athletic fields, gymnasium, and stadium;

(6)

Child care facility;

(7)

Home occupation;

(8)

Hospital;

(9)

Non-emergency medical transport service;

(10)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and stadium;

(11)

Religious tent meeting; and

(12)

Single-family residence and residential accessory structures and/or uses (see article III of this chapter).

(e)

Auxiliary conditional uses for an office building with a minimum of 10,000 square feet of floor area. The following auxiliary permitted uses shall be allowed within the area with a land use designation of office as indicated on the county future land use plan map defined as that area north of SR 54 West, east of Tyrone Road, and west of Sandy Creek Road. This area shall also be known as the county community hospital district (hospital district). Such uses will support and shall be compatible with the county community hospital, the medical industry, and the development of the office and institutional uses planned for this area.

(1)

Uses. The following auxiliary conditional uses shall be allowed in the O-I zoning district:

Durable medical and rehabilitation equipment sales/rental (i.e., wheelchairs, crutches, etc.);

Pharmaceutical sales (for the purpose of filling prescriptions only);

Counter service restaurants, including but not limited to: a bakery, cafe, coffee shop, or deli. No drive-through, drive-in, or freestanding facilities shall be allowed;

Optical care center to include prescription eyeglass/contact lens sales;

Gift shop for the sale of items usually associated with a medical condition and/or hospital stay (i.e., get well cards, etc.); and

Floral sales.

(2)

Auxiliary conditional use limitations.

These auxiliary conditional uses shall be allowed in an office building with a minimum of 10,000 square feet and such uses shall comprise no more than a total of 20 percent of the total floor area of the building and shall occupy space on the first floor of the building.

Multiple uses may be permitted concurrently, but may not exceed the 20 percent limitation.

(3)

Architectural requirements.

Architecture shall conform to the existing hospital/medical office development. The architectural standards of the transportation corridor overlay zone shall not apply.

Elevation drawings shall be submitted as part of site plan approval.

(f)

Dimensional requirements. The minimum dimensional requirements in the O-I zoning district shall be as follows:

(1)

Lot area:

Where a central water distribution system is provided: 43,560 square feet (one acre).

Where central sanitary sewage and central water distribution systems are provided: 21,780 square feet (0.50 acre).

(2)

Lot width: 125 feet.

(3)

Outside storage shall not be permitted.

(4)

Setbacks, yards adjoining rights-of-way:

Major thoroughfare:

Arterial: 75 feet.

Collector: 70 feet.

Minor thoroughfare: 55 feet.

(5)

Setbacks, yards not adjoining rights-of-way:

Side yard: 15 feet.

Rear yard: 15 feet.

(6)

Buffer: If the rear or side yard abuts a residential or A-R zoning district, a minimum buffer of 30 feet adjacent to such lot line shall be provided in addition to the required setback, and the setback shall be measured from the buffer. Additional buffer and setback requirements may be established as a condition of zoning approval.

(7)

Height limit:

40 feet as defined in article I of this chapter.

When a structure reaches a minimum height of four floors (including basements), it shall be sprinkled.

(8)

Use of existing structure. When property containing legally conforming structures, under the current zoning, is rezoned to O-I, the dimensional requirements shall be reduced to the extent of, but only at the location of, any encroachment by the structures and said structures shall be considered legal nonconforming structures.

(9)

Lot coverage limit, including structure and parking area: 60 percent of total lot area.

(g)

SR 74 North-East Side Special Development District.

(1)

The following will apply to the area identified in the county Comprehensive Plan, SR 74 North Overlay District on the east side of SR 74 North and designated as special development district and office on the county future land use plan map. The purpose of this special development district is to promote planned office development along the frontage of SR 74 North to a depth of approximately 800 feet to fulfill the stated goals for the future development of the corridor. The goals of the SR 74 North Overlay District are:

To maintain the efficient traffic flow of SR 74 North as the county's main connection to Interstate 85;

To enhance and maintain the aesthetic qualities of the corridor, as it is the gateway into the county; and

To protect existing and future residential areas in the SR 74 North corridor.

(2)

The assemblage of parcels will be necessary in some areas to meet the intent of the special development district. The minimum requirements for acreage and road frontage will necessitate large tracts of land to achieve a reduction in individual curb cuts, consistency and coordination in architectural scheme, and capacity to develop a required service road where applicable.

In a planned office development consisting of a minimum of ten acres and 600 feet of road frontage on SR 74 North, a maximum of 20 percent of the floor area of each individual building may consist of businesses providing support services for the larger development. Permitted support service uses include:

Restaurants (no drive-through, drive-in, or freestanding facilities shall be allowed);

Personal services, including, but not limited to: alterations; barber shop; beauty salon; clothing/costume rentals; electrolysis and/or hair removal; laundry drop-off/pick-up; locksmith; nail salon; photography studio; shoe repair; and tanning salon;

Convenience store (no gasoline sales);

Blueprinting, graphic, and/or copying service;

Office and/or computer sales and/or service; and

Cellular phone/communication device sales and/or service.

(h)

State Route 54 West Special Development District.

(1)

The following will apply to the area identified in the Comprehensive Plan as the SR 54 West Overlay District as specified in the Land Use Element and indicated on the future land use plan map. The purpose of this special development district is to expand uses in O-I on parcels of five acres or greater.

(2)

On parcels zoned O-I with a minimum of five acres the following expanded business uses are allowed:

Businesses that supply services, equipment and/or resources to the film industry;

Call center;

Cellular phone/communication device sales and/or service;

Computer technology service, sales and/or repair;

Medical equipment sales, rental and/or repair;

Restaurant (no drive-through or drive-in);

Television/radio broadcasting studio, movie/music/media productions or telecommunications;

Server farm/data center; and

Internal access self-storage facility.

No direct exterior access to individual storage units shall be allowed; all individual storage unit access shall be internal and the maximum size of an individual storage unit shall be 600 square feet.

Vehicle loading/unloading bays shall only be located on the side or rear, and not facing SR 54. Vehicle loading/unloading bays on the side of the internal access self-storage facility shall require a canopy. Vehicle loading/unloading bays may also be internal to the structure or between two structures and a shed roof meeting the overlay pitch requirements may also be used in these instances.

Office, business and building contractor space with associated inside storage shall constitute a minimum of ten percent of the total building footprint area proposed for the internal access self-storage structure(s) excluding the footprint of a separate vehicle, recreational vehicle, boat, and/or trailer storage structure. This building contractor use shall only be allowed in conjunction with an internal access self-storage facility. The office, business and building contractor space may be located within the footprint of the internal access self-storage structure or an equivalent amount of office, business and building contractor space may be located outside of the footprint in an attached portion of the structure.

No outside storage of materials or equipment shall be allowed.

A vehicle, recreational vehicle, boat, and/or trailer storage structure shall be fully enclosed and be to the rear of the principal internal access self-storage facility structure. This use shall only be allowed in conjunction with an internal access self-storage facility. Said structure shall only be used for vehicle, recreational vehicle, boat and/or trailer storage and individual vehicle, recreational vehicle, boat and/or trailer storage units may be externally accessed.

(3)

If the side and/or rear yards abut a residential or A-R zoning district, the setbacks shall be increased five feet for every one foot of total building height over 40 feet.

(4)

Mixed residential/office use. Based on the Mixed Residential/Office Use Recommendations in the Land Use Element of the Fayette County Comprehensive Plan, where large tracts are proposed with a mix of residential and office development along SR 54, it is required at the time of rezoning for O-I and residential zoning that the concept plan depict how the entire property will be developed indicating the division between office and residential zoning districts with associated legal descriptions required for rezoning, the SR 54 entrance, and internal connecting road network.

(i)

Special uses of property. The following special uses of property shall be allowed in the O-I zoning district, provided that all conditions specified in article V of this chapter are also met:

(1)

Drug abuse treatment facility.

(Code 1992, § 20-6-18; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2012-14, § 3, 12-13-2012; Ord. No. 2017-04, §§ 3, 4, 3-23-2017; Ord. No. 2018-03, § 13, 9-22-2018; Ord. No. 2018-11, §§ 2, 3, 10-25-2018; Ord. No. 2019-04, § 1, 6-27-2019; Ord. No. 2020-02, § 9, 5-28-2020; Ord. No. 2020-08, § 1, 10-22-2020; Ord. No. 2023-08, § 1, 7-27-2023)

Sec. 110-143. - C-C, Community Commercial District.

(a)

Description of district. This district is composed of certain lands and structures providing for convenient community shopping facilities having a broad variety of sales and services.

(b)

Permitted uses. The following uses shall be permitted in the C-C zoning district:

(1)

Amusement or recreational facility, indoor or outdoor (see chapter 18);

(2)

Appliance sales and incidental repair;

(3)

Art studio;

(4)

Auto parts and/or tire sales and installation;

(5)

Bakery;

(6)

Bank and/or financial institution;

(7)

Banquet hall/event facility;

(8)

Catering service;

(9)

Church and/or other place of worship, excluding outdoor recreation, parsonage, and cemetery or mausoleum;

(10)

College and/or university, including classrooms and/or administration only;

(11)

Copy shop;

(12)

Cultural facility;

(13)

Day spa;

(14)

Department store, variety store, and/or clothing store;

(15)

Drug store;

(16)

Educational/instructional/tutoring facilities, including, but not limited to: academic, art, computer, dance, driving and/or DUI school, martial arts, music, professional/business/trade, and similar facilities;

(17)

Electronic sales and incidental repair;

(18)

Emission testing facility (inside only);

(19)

Firearm sales and/or gunsmith;

(20)

Florist;

(21)

Gift shop;

(22)

Grocery store;

(23)

Hardware store;

(24)

Health club and/or fitness center;

(25)

Jewelry shop;

(26)

Laboratory serving professional requirements, (e.g., medical, dental, etc.);

(27)

Library;

(28)

Medical/dental office (human treatment);

(29)

Messenger/courier service;

(30)

Military recruiting office;

(31)

Movie theatre (excluding drive-in);

(32)

Museum;

(33)

Office;

(34)

Office equipment sales and/or service;

(35)

Parking garage/lot;

(36)

Personal services, including, but not limited to: alterations; barber shop; beauty salon; clothing/costume rentals; counseling services; electrolysis and/or hair removal; fitness center; laundry drop-off/pick-up; locksmith; nail salon; photography studio; shoe repair; and tanning salon.

(37)

Plant nursery, growing crops/garden, and related sales;

(38)

Printing, graphics, and/or reproductions;

(39)

Private clubs and/or lodges;

(40)

Private school, including, classrooms and/or administration only;

(41)

Radio studio;

(42)

Recording studio (audio and video);

(43)

Restaurant, (including drive-in and/or drive-through);

(44)

Retail establishment;

(45)

Smoking lounge (subject to state and local tobacco sales and smoking laws);

(46)

Taxidermist; and

(47)

Television/movie studio.

(c)

Conditional uses. The following conditional uses shall be allowed in the C-C zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Adult day care facility;

(2)

Animal hospital, kennel (commercial or noncommercial), and/or veterinary clinic;

(3)

Automobile service station, including, gasoline sales and/or inside or outside emission testing, in conjunction with a convenience store;

(4)

Care home, convalescent center, and/or nursing home;

(5)

Church and/or other place of worship;

(6)

College and/or university, including, but not limited to: classrooms, administration, housing, athletic fields, gymnasium, and/or stadium;

(7)

Commercial driving range and related accessories;

(8)

Child care facility;

(9)

Dry cleaning plant;

(10)

Golf course (minimum 18-hole regulation) and related accessories;

(11)

Home occupation;

(12)

Hospital;

(13)

Kennel (see animal hospital, kennel (commercial or noncommercial), and/or veterinary clinic);

(14)

Laundromat, self-service or otherwise;

(15)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and/or stadium;

(16)

Religious tent meeting;

(17)

Seasonal sales, outdoor;

(18)

Single-family residence and residential accessory structures and/or uses (see article III of this chapter); and

(19)

Temporary tent sales.

(20)

Vehicle/boat sales.

(d)

Dimensional requirements. The minimum dimensional requirements in the C-C zoning district shall be as follows:

(1)

Lot area:

Where a central water distribution system is provided: 43,560 square feet (one acre).

Where central sanitary sewage and central water distribution systems are provided: 21,780 square feet (one-half acre).

(2)

Lot width: 125 feet.

(3)

Front yard setback:

Major thoroughfare:

Arterial: 75 feet.

Collector: 70 feet.

Minor thoroughfare: 65 feet.

(4)

Rear yard setback: 15 feet.

(5)

Side yard setback: 15 feet.

(6)

Buffer. If the rear or side yard abuts a residential or A-R zoning district, a minimum buffer of 50 feet adjacent to the lot line shall be provided in addition to the required setback and the setback shall be measured from the buffer.

(7)

Height limit: 35 feet.

(8)

Screening dimensions for parking and service areas as provided in article III of this chapter and chapter 104.

(9)

Lot coverage limit, including structure and parking area: 60 percent of total lot area.

(Code 1992, § 20-6-19; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2012-14, § 3, 12-13-2012; Ord. No. 2018-03, § 13, 9-22-2018; Ord. No. 2018-11, § 4, 10-25-2018; Ord. No. 2021-09, § 2, 5-27-2021)

Sec. 110-144. - C-H, Highway Commercial District.

(a)

Description of district. This district is composed of certain lands and structures to provide and encourage proper grouping and development of roadside uses, which include a wide variety of sales and services that will best accommodate the needs of the county and the traveling public, reducing traffic congestion, hazards and blight along the public streets.

(b)

Permitted uses. The following uses shall be permitted in the C-H zoning district:

(1)

Ambulance service, including non-emergency medical transport service;

(2)

Amusement or recreational facility, indoor or outdoor;

(3)

Appliance sales, installation and/or repair;

(4)

Armories, for meetings and training military organizations;

(5)

Art studio;

(6)

Auto/vehicle repair. All service, repairs and diagnostics, with the exception of emissions testing, shall be conducted within an enclosed building;

(7)

Bakery;

(8)

Bank and/or financial institution;

(9)

Banquet hall/event facility;

(10)

Bookbinding;

(11)

Building/development, contracting, and related activities (including, but not limited to: door and window sales and/or installation, electrical, flooring sales and/or installation, entertainment system sales and/or installation, general contractor, grading, gutter sales and/or installation, insulation sales and/or installation, landscaping, lighting sales and/or installation, painting, pressure washing, plumbing, remodeling, roofing sales and/or installation, siding sales and/or installation, sales and storage of building supplies and materials, security system sales, installation and service, solar and wind equipment sales and/or installation, and incidental contractor equipment maintenance);

(12)

Bus passenger station (pick-up and drop-off only);

(13)

Cabinet manufacturing, sales, repair and/or installation;

(14)

Car wash and/or detailing facility;

(15)

Catering service;

(16)

Church and/or other place of worship excluding outdoor recreation, parsonage, and cemetery or mausoleum;

(17)

Clothing store and/or variety store;

(18)

College and/or university, including classrooms and/or administration only;

(19)

Copy shop;

(20)

Cultural facility;

(21)

Day spa;

(22)

Department store;

(23)

Drug store;

(24)

Educational/instructional/tutoring facilities, including, but not limited to: academic; art; computer; dance; driving and/or DUI; music; professional/business/trade; martial arts; and similar facilities;

(25)

Electronic sales and/or repair;

(26)

Emission testing facility (inside only);

(27)

Engraving;

(28)

Firearm sales and/or gunsmith;

(29)

Flea market, indoor;

(30)

Florist shop;

(31)

Freezer locker service, ice storage;

(32)

Freight express office;

(33)

Funeral establishment (where funeral services, excluding a crematorium, may be provided);

(34)

Gift shop;

(35)

Glass sales;

(36)

Grocery store;

(37)

Hardware store;

(38)

Health club and/or fitness center;

(39)

Hotel;

(40)

Jewelry shop;

(41)

Laboratory serving professional requirements, (e.g., medical, dental, etc.);

(42)

Library;

(43)

Magazine publication and/or distribution;

(44)

Manufactured home and/or building sales;

(45)

Medical/dental office (human treatment);

(46)

Messenger/courier service;

(47)

Military recruiting office;

(48)

Movie theatre and/or drive-in;

(49)

Museum;

(50)

Music teaching studio;

(51)

Newspaper publication and/or distribution;

(52)

Office;

(53)

Office equipment sales and/or service;

(54)

Parking garage/lot;

(55)

Pawn shops;

(56)

(57)

Pest control;

(58)

Plant nursery, growing crops/garden, and/or related sales;

(59)

Printing, graphics, and/or reproductions;

(60)

Private clubs and/or lodges;

(61)

Private school, including classrooms and/or administration only;

(62)

Recording studio (audio and video);

(63)

Radio studio;

(64)

Railroad station;

(65)

Rent-alls;

(66)

Restaurant, including drive-in and/or drive-through;

(67)

Retail establishment;

(68)

Smoking lounge (subject to state and local tobacco sales and smoking laws);

(69)

Tattoo parlor;

(70)

Taxidermist;

(71)

Taxi service/limousine service/shuttle service (no on-site maintenance and/or repair);

(72)

Television/movie studio;

(73)

Upholstery shop; and

(74)

Utility trailers sales and/or rental.

(c)

Conditional uses. The following conditional uses shall be allowed in the C-H zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Adult day care facility;

(2)

Amphitheater;

(3)

Animal hospital, kennel (commercial or noncommercial), and/or veterinary clinic;

(4)

Automobile service station, including gasoline sales and/or inside or outside emission testing, in conjunction with a convenience store;

(5)

Campground facilities;

(6)

Care home, convalescent center, and/or nursing home;

(7)

Cemetery;

(8)

Charter motor coach service;

(9)

Church and/or other place of worship;

(10)

College and/or university, including, but not limited to: classrooms, administration, housing, athletic fields, gymnasium, and/or stadium;

(11)

Commercial driving range and related accessories;

(12)

Child care facility;

(13)

Dry cleaning plant;

(14)

Experimental laboratory;

(15)

Golf course (minimum 18-hole regulation) and related accessories;

(16)

Home occupation;

(17)

Horse show, rodeo, carnival, and/or community fair;

(18)

Hospital;

(19)

Laundromat, self-service or otherwise;

(20)

Outdoor amusement facilities, rides, structures over 35 feet in height, including, but not limited to bungee and parachute jumping;

(21)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and/or stadium;

(22)

Religious tent meeting;

(23)

Seasonal sales, outdoor;

(24)

Self-storage facility (external and/or internal access);

(25)

Single-family residence and residential accessory structures and/or uses (see article III of this chapter);

(26)

Shooting range, indoor;

(27)

Stadium, athletic; and

(28)

Temporary tent sales.

(29)

Vehicle/boat sales.

(d)

Dimensional requirements. The minimum dimensional requirements in the C-H zoning district shall be as follows:

(1)

Lot area:

Where a central water distribution system is provided: 43,560 square feet (one acre).

Where central sanitary sewage and central water distribution systems are provided: 21,780 square feet (one-half acre).

(2)

Lot width: 125 feet.

(3)

Front yard setback:

Major thoroughfare:

Arterial: 75 feet.

Collector: 70 feet.

Minor thoroughfare: 65 feet.

(4)

Rear yard setback: 15 feet.

(5)

Side yard setback: 15 feet.

(6)

(7)

Height limit: 35 feet.

(8)

Screening dimensions for parking and service areas as provided in article III of this chapter and chapter 104.

(9)

Lot coverage limit, including structure and parking area: 60 percent of total lot area.

(Code 1992, § 20-6-20; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2012-14, § 3, 12-13-2012; Ord. No. 2017-04, §§ 5, 6, 3-23-2017; Ord. No. 2018-03, § 13, 9-22-2018; Ord. No. 2018-11, §§ 5, 6, 10-25-2018; Ord. No. 2020-02, §§ 10, 11, 5-28-2020; Ord. No. 2021-05, § 1, 3-25-2021; Ord. No. 2021-09, § 3, 5-27-2021; Ord. No. 2021-10, § 1, 5-27-2021)

Sec. 110-145. - L-C-1, Limited-Commercial (1) District.

(a)

Intent. The intent of the L-C-1 zoning district is to establish small scale business areas which do not generate large amounts of traffic, noise or light. The L-C-1 zoning district includes small retail establishments, personal services, and business and professional offices. The L-C-1 zoning district will control architectural character and scale. The adaptive use of existing structures is encouraged when possible.

(b)

Permitted principal uses. The following permitted principal uses shall be allowed in the L-C-1 zoning district:

(1)

Antique shop, vintage store, thrift/second hand store, consignment store;

(2)

Art and/or crafts studio;

(3)

Bakery;

(4)

Bank and/or financial institution such as a brokerage firm, credit union, financial planning, or mortgage brokerage (no pay-day loan, check cashing or pawn establishments);

(5)

Book store:

(6)

Card, gift, and/or stationery shop;

(7)

Cellular phone sales and service;

(8)

Clothing and/or accessories such as belts and suspenders, boots and shoes, gloves, hats, jewelry, purses and handbags, ties, scarves, shawls, socks, and stockings, umbrellas, or watches;

(9)

(10)

Florist shop;

(11)

Hardware store;

(12)

Home furnishings and accessories such as area rugs, decorative items, cutlery, dishware, glassware, lamps, pictures, pillows and tablecloths;

(13)

Jewelry shop;

(14)

Mail services store;

(15)

Medical/dental office (human treatment);

(16)

Office (business and/or professional);

(17)

(18)

Restaurant/restaurant takeout and catering.

(c)

Conditional uses. The following conditional uses shall be allowed in the L-C-1 zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Single-family residence and residential accessory structures and uses (see article III of this chapter); and

(2)

Home occupation.

(d)

Regulations. The following regulations shall apply to the L-C-1 zoning district in addition to any other applicable regulations.

(1)

These structures shall maintain a residential character. Elevation drawings denoting compliance with the following requirements shall be submitted as part of the site plan. Properties within an Overlay Zone shall comply with the applicable Architectural Standards of the Overlay Zone in lieu of the architectural requirements below:

A pitched peaked (gable or hip) roof with a minimum pitch of four and one-half inches in one foot and shall be of a type and construction complementary to the façade. A pitched mansard roof façade with a minimum pitch of four and one-half inches in one foot and a minimum height of eight feet around the entire perimeter of the structure can be used if the structure is two stories or more or the use of a pitched peaked roof would cause the structure to not meet the applicable height limit requirements. The mansard roof façade shall be of a residential character with the appearance of shingles, slate or terra cotta;

All buildings shall be constructed in a residential character of fiber-cement siding (e.g., Hardiplank), wood siding, wood-textured vinyl siding, brick/brick veneer, rock, stone, cast-stone, or stucco (including synthetic stucco);

Framed doors and windows of a residential character. To maintain a residential character, large display windows shall give the appearance of smaller individual panes and framing consistent with the standard residential grid pattern for doors and windows;

Accessory structures shall maintain the same architectural character of the principal structure, including the pitched peaked (gable or hip) roof with a minimum pitch of four and one-half inches in one foot, and shall be constructed of the same materials or materials which simulate same. An elevation drawing denoting compliance with this requirement shall be submitted as part of the site plan.

(2)

No outside storage will be permitted.

(3)

The lot shall have direct access to an arterial street.

(4)

No drive-through, drive-in, or drive-up facilities allowed.

(e)

Dimensional requirements. The minimum dimensional requirements in the L-C-1 zoning district shall be as follows:

(1)

Lot area:

Where public water is available: 43,560 square feet (one acre).

Where public water is not available: 65.340 square feet (one and one-half acres).

(2)

Lot width: 125 feet.

(3)

Front yard setback:

Major thoroughfare:

Arterial: 75 feet.

Collector: 60 feet.

Minor thoroughfare: 55 feet.

(4)

Rear yard setback: 15 feet.

(5)

Side yard setback: 15 feet.

(6)

Height limit: 35 feet.

(7)

Floor to area ratio (gross square footage of site times 0.1 equals square footage of structure): The total maximum square footage for all structures combined on the lot shall not exceed 10,000 square feet. However, to discourage the development of one linear building and to encourage the development of separate clustered buildings on the site, the square footage for the structures may be increased by 15 percent when more than one building is developed. The distance between structures shall be a minimum of 26 feet. In addition to the area required to facilitate vehicular access, each building wall bordering the space between structures shall have a five-foot landscaped area consisting of five shrubs, two feet tall at planting, per 25 linear feet of building wall.

(8)

Buffer. If the rear or side yard abuts a residential or A-R zoning district, a minimum buffer of 50 feet adjacent to such lot line shall be provided in addition to the required setback (the setback shall be measured from the buffer).

(9)

Lot coverage limit, including structure and parking area: 60 percent of the total lot area.

(Code 1992, § 20-6-21; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2016-15, § 2, 7-28-2016; Ord. No. 2018-03, § 13, 9-22-2018)

Sec. 110-145.5. - L-C-2, limited-commercial (2) district.

(a)

Intent. The intent of the L-C-2 zoning district is to establish small scale business areas which do not generate large amounts of traffic, noise or light. The L-C-2 zoning district includes small retail and convenience commercial establishments, personal services, and business and professional offices. The L-C-2 zoning district will control architectural character and scale. The adaptive use of existing structures is encouraged when possible. The L-C-2 zoning district will discourage the development of a strip commercial building.

(b)

Permitted principal uses. The following permitted principal uses shall be allowed in the L-C-2 zoning district:

(1)

Antique shop, vintage store, thrift/second hand store, consignment store;

(2)

Art and/or crafts studio;

(3)

Bakery;

(4)

Bank and/or financial institution such as a brokerage firm, credit union, financial planning, or mortgage brokerage (no pay day loan, check cashing or pawn establishments);

(5)

Book store;

(6)

Card, gift, and/or stationery shop;

(7)

Cellular phone sales and service;

(8)

Clothing and/or accessories such as belts and suspenders, boots and shoes, gloves, hats, jewelry, purses and handbags, ties, scarves, shawls, socks, and stockings, umbrellas, or watches;

(9)

Copy and/or print shop;

(10)

(11)

Florist shop;

(12)

Hardware store;

(13)

Home furnishings and accessories such as area rugs, decorative items, cutlery, dishware, glassware, lamps, pictures, pillows and tablecloths;

(14)

Jewelry shop;

(15)

Mail services store;

(16)

Medical/dental office (human treatment);

(17)

Office (business and/or professional);

(18)

(19)

Restaurant/restaurant takeout and catering.

(c)

Conditional uses. The following conditional uses shall be allowed in the L-C-2 zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Convenience commercial establishment;

(2)

Single-family residence and residential accessory structures and uses (see article III of this chapter); and

(3)

Home occupation.

(d)

Regulations. The following regulations shall apply to the L-C-2 zoning district in addition to any other applicable regulations.

(1)

(2)

No outside storage will be permitted.

(3)

The lot shall have direct access to an arterial street.

(4)

No drive-through, drive-in, or drive-up facilities allowed.

(e)

Dimensional requirements. The minimum dimensional requirements in the L-C-2 zoning district shall be as follows:

(1)

Lot area:

Where public water is available: 43,560 square feet (one acre).

Where public water is not available: 65,340 square feet (one and one-half acres).

(2)

Lot width: 125 feet.

(3)

Front yard setback:

Major thoroughfare:

Arterial: 75 feet.

Collector: 60 feet.

Minor thoroughfare: 55 feet.

(4)

Rear yard setback: 15 feet.

(5)

Side yard setback: 15 feet.

(6)

Height limit: 35 feet.

(7)

(8)

(9)

Lot coverage limit, including structure and parking area: 60 percent of the total lot area.

(Ord. No. 2016-15, § 3, 7-28-2016; Ord. No. 2018-03, § 13, 9-22-2018)

Sec. 110-146. - M-1, Light Industrial District.

(a)

Description of district. This district is composed of certain lands and structures which are suitable for light industrial development, but where proximity to existing or proposed residential or commercial districts make it desirable to limit the manner and extent of industrial operations and thereby protect the nearby residential or commercial land.

(b)

Permitted uses. The following permitted uses shall be allowed in the M-1 zoning district:

(1)

Ambulance service, including non-emergency medical transport service;

(2)

Amusement and recreational facilities, indoor or outdoor (athletic/sports instruction facilities and recreation and athletic fields and facilities);

(3)

Appliance sales and/or repair;

(4)

Architectural and/or design firms;

(5)

Armories, for meeting and training of military organizations;

(6)

Blueprinting and/or graphics service;

(7)

Bookbinding;

(8)

Building construction/contracting and related activities;

(9)

Building supply sales;

(10)

Bus passenger station;

(11)

Cabinet manufacturing, sales, repair, and/or installation;

(12)

Carwash and/or detailing facility;

(13)

Charter motor coach service;

(14)

Copy shop;

(15)

Dental laboratory;

(16)

Delivery and/or courier service;

(17)

Electronic sales and/or repair;

(18)

Emission testing facility (inside only);

(19)

Engineering firms;

(20)

Engraving;

(21)

Farmer's market;

(22)

Feed and/or fertilizer sales;

(23)

Firearm sales and/or gunsmith;

(24)

Flooring sales and/or installation;

(25)

Freezer locker service;

(26)

Freight express office;

(27)

Furniture store;

(28)

Glass sales;

(29)

Grading service;

(30)

Greenhouse;

(31)

Home furnishings and accessories;

(32)

Horse show and equine activity facilities;

(33)

Ice storage;

(34)

Insecticide sales and/or storage;

(35)

Janitorial service and/or supply;

(36)

Land development firms;

(37)

Land surveying service;

(38)

Landscaping service;

(39)

Light manufacturing, including the following:

Appliance and/or electronic device assembly plant, including the manufacturing of parts for appliances and/or electronic devices;

Assembly of products from previously prepared materials;

Bottling and/or canning plant;

Ceramic products, provided that kilns shall only be by gas and/or electricity;

Construction of signs, including painted signs;

Cooperage;

Ice manufacturing;

Laundry, cleaning and/or dying plants;

Light sheet metal products such as ventilating ducts and eaves;

Manufacturing of food, cosmetic and pharmaceutical products, but not including fish and meat products, sauerkraut, vinegar, yeast and rendering plants;

Machine/welding shop and related activities;

Other manufacturing, processing, packaging, or handling of a similar nature which shall not emit or produce more smoke, noise, odor, dust, vibration, or fumes than the uses listed herein;

Production and/or sales of commercial/industrial hardware, such as tools, fasteners, fittings, machine parts, etc.;

Tinsmith and/or roofing service;

Concrete, gravel and/or mulch production and/or distribution;

(40)

Locksmith;

(41)

Magazine publication and/or distribution;

(42)

Medical laboratory;

(43)

Manufactured home and/or building assembly and/or sales;

(44)

Newspaper publication and/or distribution;

(45)

Office equipment service and repair;

(46)

Parking garage/lot;

(47)

Pest control;

(48)

Petroleum bulk plant (storage);

(49)

Photostating;

(50)

Planing and/or saw mill;

(51)

Plant nursery, growing crops/garden and related sales;

(52)

Printing plant;

(53)

Radio studio;

(54)

Railroad freight station;

(55)

Railroad passenger station;

(56)

Rent-alls;

(57)

Restaurants (drive-in/drive-through prohibited);

(58)

Restaurant supply;

(59)

Rodeo/rodeo facilities;

(60)

Seed sales and/or storage;

(61)

Security system service;

(62)

Shell home display;

(63)

Solar farm;

(64)

Taxidermist;

(65)

Taxi service/limousine service/shuttle service/charter motor coach service;

(66)

Television/movie studio/media productions;

(67)

Tire sales;

(68)

Trade school;

(69)

Uniform services;

(70)

Utility trailer sales and/or rentals;

(71)

Warehousing and/or distribution;

(72)

Wholesaling;

(73)

Wrecker, towing, impoundment, and/or automotive recovery/transport; and

(74)

Vehicle/boat sales and repairs, paint and/or body shop, parts store including rebuilding of parts, parking lot or garage, upholstery shop.

(c)

Conditional uses. The following conditional uses shall be allowed in the M-1 zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Aircraft landing area;

(2)

Amphitheatre;

(3)

Animal hospital, kennel (commercial or noncommercial), and/or veterinary clinic;

(4)

Experimental labs;

(5)

Feed lot and/or commercial barn;

(6)

Home occupation;

(7)

Outdoor amusement facilities, rides, structures over 35 feet in height, including, but not limited to, bungee and parachute jumping;

(8)

Recycling facility;

(9)

Self-storage facility (external and/or internal access);

(10)

Shooting range, indoor;

(11)

Shooting range, outdoor;

(12)

Single-family residence and residential accessory structures and uses (see article III of this chapter);

(13)

Stadium, athletic; and

(14)

Wind farm.

(d)

Dimensional requirements. The minimum dimensional requirements in the M-1 zoning district shall be as follows:

(1)

Lot area:

Where a central water distribution system is provided: 43,560 square feet (one acre).

Where central sanitary sewage and central water distribution systems are provided: 21,780 square feet (one-half acre).

(2)

Lot width: 125 feet.

(3)

Front yard setback:

Major thoroughfare:

Arterial: 100 feet.

Collector: 80 feet.

Minor thoroughfare: 65 feet.

(4)

Rear yard setback: 25 feet.

(5)

Side yard setback: 25 feet.

(6)

Buffer: If the rear or side yard abuts a residential or A-R zoning district a minimum buffer of 75 feet shall be provided adjacent to the lot line in addition to the required setback. The setback shall be measured from the buffer.

(7)

Height limit: 50 feet.

(8)

Lot coverage limit, including structure and parking area: 70 percent of total lot area.

(9)

Screening dimensions for storage areas, loading docks and parking (see article III of this chapter and chapter 104).

(Code 1992, § 20-6-22; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2013-20, § 3, 11-14-2013; Ord. No. 2018-03, § 13, 9-22-2018; Ord. No. 2020-02, §§ 12, 13, 5-28-2020; Ord. No. 2021-05, § 2, 3-25-2021; Ord. No. 2021-09, § 5, 5-27-2021)

Sec. 110-147. - M-2, Manufacturing and Heavy Industrial District.

(a)

Description of district. This district is composed of certain lands and structures providing for those industrial uses which cannot comply with the regulations of the M-1 zoning district and located in such a manner as not to be injurious to lands and development in nearby districts.

(b)

Permitted uses. The following permitted uses shall be allowed in the M-2 zoning district:

(1)

Acid storage and manufacture;

(2)

Railroad classification and repair yard;

(3)

Truck terminal;

(4)

Ambulance service, including non-emergency medical transport service;

(5)

Armories, for meeting and training of military organizations;

(6)

Bookbinding;

(7)

Building construction/contracting and related activities;

(8)

Building supply sales;

(9)

Engraving;

(10)

Feed, pesticides, and/or fertilizer sales and/or storage;

(11)

Freezer locker service;

(12)

Freight express office;

(13)

Glass manufacturing;

(14)

Grading service;

(15)

Greenhouse;

(16)

Ice storage;

(17)

Light manufacturing, including the following:

Appliance and/or electronic device assembly plant, including the manufacturing of parts for appliances and/or electronic devices;

Assembly of products from previously prepared materials;

Bottling and/or canning plant;

Ceramic products provided that kilns shall only be by gas and/or electricity;

Construction of signs, including painted signs;

Cooperage;

Ice manufacturing;

Laundry, cleaning and/or dying plants;

Light sheet metal products such as ventilating ducts and eaves;

Manufacturing of food, cosmetic and pharmaceutical products, but not including fish and meat products, sauerkraut, vinegar, yeast and rendering plants;

Machine and/or welding shop and related activities;

Other manufacturing, processing, packaging, or handling of a similar nature, which shall not emit or produce more smoke, noise, odor, dust, vibration, or fumes than the uses listed herein;

Production and/or sales of commercial/industrial hardware, such as tools, fasteners, fittings, machine parts, etc.; and

Tinsmith and/or roofing service.

(18)

Magazine publication and/or distribution;

(19)

Manufactured home and/or building assembly and/or sales;

(20)

Newspaper publication and distribution;

(21)

Parking lot and/or garage;

(22)

Pest control;

(23)

Petroleum bulk plant (storage and/or recycling);

(24)

Photostating;

(25)

Planing and/or saw mill;

(26)

Plant nursery, growing crops/garden and related sales;

(27)

Printing plant;

(28)

Public utility facilities;

(29)

Railroad freight station;

(30)

Seed sales and/or storage;

(31)

Solar farm;

(32)

Tire recapping;

(33)

Warehousing and/or distribution;

(34)

Wholesaling;

(35)

Wrecker, towing, impoundment, and/or automotive recovery/transport; and

(36)

Vehicle/boat sales and repairs, paint and/or body shop, parts store including rebuilding of parts, parking lot or garage, upholstery shop.

(c)

Conditional uses. The following conditional uses shall be allowed in the M-2 zoning district, provided that all conditions specified in article V of this chapter are met:

(1)

Aircraft landing area;

(2)

Experimental lab;

(3)

Heavy manufacturing, packaging, processing or handling of materials;

(4)

Home occupation;

(5)

Junkyard and/or auto graveyard;

(6)

Landfill;

(7)

Mining and/or quarrying;

(8)

Single-family residence and residential accessory structures and uses (see article III of this chapter);

(9)

Transfer station for household/commercial garbage and/or recyclable materials (including processing and handling); and

(10)

Wind farm.

(d)

Dimensional requirements. The minimum dimensional requirements in the M-2 zoning district shall be as follows:

(1)

Lot area: 87,120 square feet (two acres).

(2)

Lot width: 125 feet.

(3)

Front yard setback:

Major thoroughfare:

Arterial: 100 feet.

Collector: 80 feet.

Minor thoroughfare: 65 feet.

(4)

Rear yard setback: 25 feet.

(5)

Side yard setback: 25 feet.

(6)

Buffer. If the rear or side yard abuts a residential or A-R zoning district a minimum buffer of 75 feet shall be provided adjacent to the lot line in addition to the required setback. The setback shall be measured from the buffer.

(7)

Height limit: 50 feet.

(8)

Lot coverage limit, including structure and parking area: 70 percent of total lot area.

(9)

Screening dimensions for storage areas, loading docks, and parking (see article III of this chapter and chapter 104).

(Code 1992, § 20-6-23; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2013-20, § 4, 11-14-2013; Ord. No. 2018-03, § 13, 9-22-2018; Ord. No. 2021-09, § 6, 5-27-2021)

Sec. 110-148. - BTP, Business Technology Park District.

(a)

Purpose. The purpose of the Business Technology Park District (BTP) is to provide a business/employment center in a planned campus setting with internal streets serving individual lots that contain a single business or multi-tenant buildings housing uses which are free from such nuisances as noise, vibration, smoke, gas, fume, odor, dust, radiation or other injurious or noxious conditions related to those uses. Additional requirements would include architectural standards. This district is to provide for high tech firms, light manufacturing/distribution firms, and professional firms with some support establishments (commercial and personal services) primarily for the employees.

(b)

Permitted uses. The following permitted uses shall be allowed in the BTP zoning district:

(1)

Business, professional, and/or government offices;

(2)

Scientific, medical, and/or research laboratories;

(3)

Business support centers and/or call centers;

(4)

Financial, credit, real estate, and/or insurance establishments;

(5)

Publishing and/or printing;

(6)

Computer services and/or information technology;

(7)

Television/radio broadcasting studio, movie/media productions and/or telecommunication;

(8)

Training center, trade school, and/or vocational center;

(9)

Educational/instructional/tutoring facilities, including, but not limited to: art; computer; dance; driving and/or DUI; martial arts; music; professional/business/trade; and similar facilities;

(10)

College and/or university, classrooms and/or administration only;

(11)

Warehousing, wholesaling and/or distribution of products and/or merchandise, but not including, retail sales of consumer goods such as are usually sold to the general public;

(12)

Shipping and/or courier service; and

(13)

Light manufacturing and/or fabricating and/or assembling of products, including, but not limited to, the following:

Production of food, beverages, cosmetics, and/or pharmaceuticals, but not including, fish and meat products, sauerkraut, vinegar, yeast, and rendering plants;

Fabrication and assembly of metal, wood, cloth, and/or plastic products; and

Production of computer and/or electronic components and products.

Each BTP development will consist of two basic sets of uses: the business uses consisting of permitted uses enumerated in subsections (b)(1) through (10) of this section and the light manufacturing/distribution uses consisting of permitted uses enumerated in subsections (b)(11) through (13) of this section.

(c)

Conditional uses. The following conditional uses shall be allowed in the BTP zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Single-family residence and residential accessory structures and uses (see article III of this chapter);

(2)

Home occupation; and

(3)

College and/or university, including, but not limited to: classrooms, administration, housing, athletic fields, gymnasium, and stadium.

(d)

Dimensional requirements. The minimum dimensional requirements in the BTP shall be as follows:

(1)

Minimum site area for a BTP development: 20 acres.

(2)

Lot area: 87,120 square feet (two acres).

(3)

Lot width: 150 feet.

(4)

Front yard setback:

Major thoroughfare:

Major arterial: 100 feet.

Arterial: 100 feet.

Collector: 80 feet.

Minor thoroughfare: 65 feet.

(5)

Rear yard setback: 25 feet.

(6)

Side yard setback: 25 feet.

(7)

Buffer. If the rear or side yard abuts a residential or A-R zoning district, a minimum buffer of 75 feet shall be provided adjacent to the lot line, in addition to the required setback. The setback shall be measured from the buffer. The business use areas shall be separated from the light manufacturing/distribution use areas by a 30-foot buffer.

(8)

Height limit: 40 feet.

(9)

Lot coverage limit, including structure and parking area: 70 percent of total lot area.

(10)

Outside storage and refuse area requirements. The following requirements shall apply to outside storage and refuse areas. Where this section contradicts any other requirement, the most restrictive shall apply.

Outside storage of merchandise, equipment, and parts shall be allowed in rear yards only, subject to screening, setback and buffer requirements.

All refuse areas shall be allowed in side or rear yards only, shall be screened, and comply with the required buffers and setbacks.

(11)

Each BTP development shall have a minimum of 500 feet of frontage, and access, on an arterial street as specified by the county thoroughfare plan.

(e)

Other requirements.

(1)

Utilities. All utilities shall be underground.

(2)

Multi-tenant buildings.

Location. Developable frontage on a major arterial road to a minimum depth of 300 feet shall be reserved for multi-tenant buildings.

Uses limited. Multi-tenant buildings in this area will be limited to the aforementioned business uses.

Support uses. In addition to the permitted uses in subsection (b) of this section, no more than 20 percent of the floor area of an individual multi-tenant building may consist of business operations providing support services for the larger development. Permitted support service uses include:

Restaurant/restaurant take-out (no drive-through, drive-in, or freestanding facilities shall be allowed);

Personal services (i.e., alterations; barber shop; beauty salon; clothing/costume rentals; counseling services; electrolysis and/or hair removal; fitness center; laundry drop-off/pick-up; locksmith; nail salon; photography studio; shoe repair; and tanning salon;

Convenience store (no gasoline sales);

Blueprinting, graphic, and/or copying service;

Office and/or computer supplies; and

Cellular phone/communication device supplies and/or service.

(f)

Rezoning requirements. The following is required for a rezoning petition for the BTP zoning district in addition to what is normally required for a rezoning petition:

(1)

A development plan is required for the rezoning petition and will take the place of the required concept plan. The development plan, as approved, shall establish the layout and uses planned for the development. Any change in the approved development plan, which affects the intent and character of the development, the land use pattern, the location or dimensions of streets, or similar substantial changes, shall be reviewed and approved by the board of commissioners upon the recommendation of the planning commission. A petition for a revision of the development plan shall be supported by a written statement as to why the revisions are necessary. The development plan shall include what is normally required on the concept plan, as well as the following:

A delineation of the business use area and the light manufacturing/distribution use area, including the acreage within each area and the 30-foot separation buffer;

A delineation of the internal transportation network, including roads, multi-use paths, and inter-parcel access/roads as applicable;

Requirements of any overlay zone which is applicable to the property; and

Indicate and label existing structures to remain.

(Code 1992, § 20-6-24; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2012-14, § 5, 12-13-2012; Ord. No. 2018-03, § 13, 9-22-2018)

Sec. 110-149. - Planned unit development.

(a)

Purpose. The intent of this section is to:

(1)

Encourage the development of large lots of land as: planned residential developments (PRD), planned industrial parks (PIP), planned retreats or lodges (PRL), planned entertainment farming (PEF), planned outdoor recreation (POR), planned small business center (PSBC), and planned residential and business development (PRBD);

(2)

Encourage flexible and creative concepts in site planning;

(3)

Preserve the natural amenities of the land by encouraging scenic and functional open spaces;

(4)

Accomplish a more desirable environment than would be possible through the strict application of minimum requirements of this chapter;

(5)

Provide for an efficient use of land resulting in smaller networks of utilities and streets and thereby lower development and housing costs; and

(6)

Provide an environment of stable character compatible with surrounding areas.

(b)

Development standards. Each planned unit development shall meet the following standards in addition to any other as hereinafter set forth:

(1)

The development shall utilize creative and flexible design including, but not limited to: varied lot sizes, amenities, mixed uses, etc.;

(2)

The development shall be compatible with surrounding uses and with the land use plan of the county; and

(3)

Paving of roads. Developers of approved planned unit developments shall be required to pave all new subdivision streets contained within said development in conformance with the rules and regulations of the development regulations of the county (see chapter 104). Improvements to existing county-maintained roads or planned county roads which pass through a planned unit development will be handled conditionally at the time of rezoning or at the time of a revision to a development plan. However, in any planned retreat or lodge (PRL), the developer shall be required to provide for all-weather roads, as approved by public works, suitable for the passage of emergency vehicles.

(c)

Relation to zoning districts. An approved planned unit development shall be considered to be a separate zoning district in which the development plan, as approved, establishes the uses, restrictions and regulations according to which development shall occur. Upon approval, the zoning map shall be changed to indicate the area as a planned unit development.

(1)

Procedures. The following procedures shall be followed in the establishment of each and every planned unit development:

Pre-application conference. The deadline to submit copies of the development plan and Letter of Intent shall be the first of each month by noon. If the first of the month falls on the weekend or on a holiday, the deadline is automatically extended to the next working day by noon. Prior to filing a rezoning petition for a planned unit development, the applicant shall meet with the technical review committee (TRC) in order to review the general character of the proposed development, including, but not limited to: its scope, nature and location. At this time, the applicant shall be fully advised of the approval procedures contained herein and the various information, studies, etc., which the applicant may need in order to continue with the said procedures.

Pre-recommendation meetings. Prior to filing a rezoning petition for a planned unit development and subsequent to the pre-application conference with the planning and zoning department, the applicant shall meet with the planning commission in a plan review session. At this meeting, the applicant shall be required to review any plan with the planning commission and provide preliminary data concerning said plan as required by the planning commission. The planning commission may require additional pre-recommendation meetings to review said preliminary data prior to their pre-recommendation.

Rezoning petition. A rezoning petition for a planned unit development shall only be submitted subsequent to the pre-application conference with the planning and zoning department and the pre-recommendation meetings with the planning commission. This petition shall contain a development plan and a written summary of intent, and shall show the relation between the proposed development and the surrounding area, both proposed and existing. A rezoning petition for a planned unit development shall follow the procedures in article VII of this chapter.

Development plan. The following information shall be submitted as the development plan:

General location map;

Current topographical map clearly showing existing topographic conditions, including contour intervals of no more than 20 feet based on field survey or photogrammetric methods;

Map showing the existing floodplains and flood soil as indicated by FEMA;

Legal description of the subject property;

Location and use of existing and proposed public, semi-public, or community facilities such as schools, parks and other open space. This will include areas proposed to be deducted or reserved for community or public use;

Elevations of building types for all nonresidential structures which indicate the proposed general architectural style and appearance; and

If a proposed development creates special problems or involves unusual circumstances, additional information may be required in order to properly evaluate the proposal as follows:

(i)

Off-street parking and loading plan;

(ii)

Economic feasibility report or market analysis;

(iii)

Area traffic study and circulation plan within the development and to and from existing thoroughfares;

(iv)

Hydraulic, hydrologic; and drainage engineering studies;

(v)

Environmentally sensitive areas, including, but not limited to: watershed protection, wetlands, or groundwater recharge, impact study;

(vi)

Based on the pre-application meeting with the planning and zoning department and/or the pre-recommendation meetings with the planning commission, other information as is deemed necessary may be requested, in addition any of the aforementioned required information (items enumerated in subsections (c)(1)a through h of this section) may be excluded if deemed not applicable.

Summary of intent. The written statement submitted with the development plan shall include the following information:

Statement of the present ownership of all land within the proposed development;

Explanation of the character of the proposed development, including, but not limited to: a summary of uses, number and type of dwelling units, a net residential density calculation, and minimum standards for floor area, lot size, yard and spacing requirements;

General statement of the proposed development schedule and progression of unit development or staging; and

Agreements, provisions, and covenants which govern the use, maintenance, and protection of the development and any common or open space, including the provisions which will organize, regulate and sustain the property owners' association, where applicable.

Approval.

After review and public hearing, the board of commissioners may disapprove, approve or approve with modifications the proposed development after receiving the recommendations of the planning and zoning department and planning commission. Modifications can include, but are not limited to, establishing residential densities, limitations in nonresidential uses and intensities, architectural controls, traffic improvements such as decel-accel lanes, service drives, internal street configurations, turn lanes, etc. as may be required to mitigate traffic impacts and increased setbacks, buffers and/or screening as may be required to lessen the impact and/or shield views from adjacent properties and/or streets.

If the proposed development is approved as submitted, the planning and zoning department shall cause the official zoning map to be changed to indicate the planned unit development. If the plan is approved with modifications, the applicant shall file written notice of consent to the modification and a properly revised development plan with the planning and zoning department prior to changing the map. The development plan and all other accompanying information shall be properly identified and permanently filed with the planning and zoning department.

Subdivision approval.

At the option of the applicant, a preliminary subdivision plat may be filed along with the development plan in order that tentative approval of the subdivision by the planning commission may be granted, pending the approval by the board of commissioners of the development plan.

In no case shall final subdivision approval precede the approval of the development plan.

Site development regulations, specifications, and procedures governing the platting of a planned unit development and plat approval shall be in accordance with chapter 104, article XV.

Ownership control. At the time a final plat or minor subdivision plat is approved and recorded for a planned unit development, as applicable, the land comprising the area for the final plat or minor subdivision plat shall be under one ownership (i.e., an individual, a corporation, or some other single legal entity). Individual lots may be sold only after the final plat or minor subdivision plat has been approved and recorded and the deed contains sufficient covenants assuring the continuance of the planned unit development as originally approved and developed.

Building and occupancy permits. The planning and zoning department shall approve of the issuance of building permits for buildings and structures in the planned unit development if they are in substantial conformity with the approved development plan, the development schedule, and with all other applicable regulations. A certificate of occupancy shall be issued for any completed building or structure if it conforms to the requirements of the approved development plan and all other applicable regulations.

Revision of development plan. Any change in the approved development plan, which affects the intent and character of the development, the density or land use pattern, the approved uses, the location or dimensions of streets, or similar substantial changes, shall be reviewed and approved by the board of commissioners upon the recommendation of the planning and zoning department and planning commission. A petition for a revision of the development plan shall be supported by a written statement as to why the revisions are necessary or desirable.

(d)

Planned residential development.

(1)

Purpose. The intent of a planned residential development (PRD) is to encourage creativity and resourcefulness in residential development and to provide open space, parks and recreational facilities for the residents of the development and/or the general public. The board of commissioners may approve the proposed development with modifications which could include, but are not limited to, establishing residential densities, limitations in nonresidential uses and intensities, architectural controls, traffic improvements such as decel-accel lanes, service drives, internal street configurations, turn lanes, etc. as may be required to mitigate traffic impacts and increased setbacks, buffers and/or screening as may be required to lessen the impact and/or shield views from adjacent properties and/or streets.

(2)

Permitted residential uses. Planned residential developments may contain single-family dwellings, two-family dwellings, townhouses, or a combination thereof. Residential accessory structures and uses shall also be allowed per article III of this chapter.

(3)

Permitted recreational uses. A list of proposed recreational uses shall be submitted with the summary of intent. Only those uses approved through the rezoning process shall be allowed in the PRD.

(4)

Permitted incidental uses. The following incidental uses shall be allowed in a PRD:

Day care facility (including an outdoor play area only);

Church and/or other place of worship (including a parsonage and outdoor play area only); and

School, private (including an outdoor play area but excluding housing or a stadium).

The buffers and setbacks for these uses along the exterior boundary of the PRD shall be consistent with the applicable conditional use requirements listed in article V of this chapter.

(5)

Conditional uses. The following conditional uses shall be allowed in the PRD zoning district, provided that all conditions specified in article V of this chapter are met:

Home occupation; and

Horse quarters (see article III of this chapter).

(6)

Minimum dimensional and other requirements. The minimum dimensional requirements in the PRD shall be as follows:

Development size: 100 contiguous acres located within the A-R and/or residential zoning districts

Each single-family dwelling shall be placed on a separate lot.

Side yard setback: 15 feet.

Rear yard setback: 30 feet.

Maximum density: Four units per acre (single-family attached); and one unit per acre (single-family detached). For purposes of this section, density shall be interpreted as the number of dwelling units per net acre devoted to residential development.

(7)

Common open space requirements. Planned residential developments shall meet the following common open space requirements:

A minimum of 2,500 square feet per lot shall be reserved for open space. The open space shall not be located in the following areas: street rights-of-way (public or private); all land located within the 100-year floodplain; water impoundments; and all lands proposed to be dedicated to a governing authority.

The open space may be publicly owned, privately owned, or be deeded to and maintained by the property owners' association, comprised of the residents of the development. When the open space is to be deeded to the property owners' association the initial owner of the development shall be responsible for the organization of said association. The organization, responsibilities and financing of the property owners' association shall be established in appropriate deed covenants, which shall run with the land and which shall appear in each and every deed of property given by the initial owner.

Approved recreational uses may be located in the open space.

(8)

General deed covenants. Appropriate deed covenants, which shall run with the land, shall be made a part of each deed of property given by the initial owner of the development in order to ensure the continuance of the planned residential development in accordance with all approved plans and this section. A copy of the covenants shall be given to the planning and zoning department as a part of the record of the planned residential development.

(e)

Planned industrial park.

(1)

Purpose. The intent of a planned industrial park (PIP) is to encourage the development of a localized industrial park designed to meet light and heavy industrial purposes. The board of commissioners may approve the proposed development with modifications which could include, but are not limited to, establishing nonresidential uses and intensities, architectural controls, traffic improvements such as decel-accel lanes, service drives, internal street configurations, turn lanes, etc. as may be required to mitigate traffic impacts and increased setbacks, buffers and/or screening as may be required to lessen the impact and/or shield views from adjacent properties and/or streets.

(2)

Permitted uses. Only those uses (permitted and conditional) in the M-1 and M-2 zoning districts shall be proposed for the PIP. Only those uses approved through the rezoning process will be allowed in the PIP.

(3)

Minimum dimensional and other requirements. The minimum requirements for a PIP shall be as follows:

Location: M-1 or M-2 Zoning District.

The development shall have access and egress only to an arterial thoroughfare.

Development size: ten acres.

Front, side, and rear yard setbacks along the exterior boundaries of the development shall be consistent with either the M-1 or M-2 zoning district, whichever is applicable.

Height limit: 35 feet.

A buffer of 75 feet shall be provided around the periphery of the development.

(f)

Planned retreat and/or lodge.

(1)

Purpose. The intent of a planned retreat and/or lodge (PRL) is to provide a development exclusively designed to accommodate the assembly of groups or organizations for the purpose of association, education, therapy, or instruction through conferences, seminars, and/or camps. Food and lodging may be furnished for a definite and temporary period. The board of commissioners may approve the proposed development with modifications which could include, but are not limited to, establishing residential densities, limitations in nonresidential uses and intensities, architectural controls, traffic improvements such as decel-accel lanes, service drives, internal street configurations, turn lanes, etc. as may be required to mitigate traffic impacts and increased setbacks, buffers and/or screening as may be required to lessen the impact and/or shield views from adjacent properties and/or streets.

(2)

Permitted uses. The following uses may be proposed in a PRL:

Assembly/meeting facilities (indoor and outdoor);

Dining facilities;

Lodges, dormitories, cabins, and/or tent campsites for temporary occupancy;

Recreational facilities, including, but not limited to: recreational courts/fields, playgrounds, picnic pavilions, swimming pools;

Caretaker and/or staff housing; and

Solar farm (limited to a net metered facility only), provided that any inoperative equipment is repaired or disposed of in a reasonable time and manner.

In addition, only those uses (permitted and conditional) allowed in the A-R zoning district may be proposed for a PRL. Only those uses approved through the rezoning procedure will be allowed in the PRL.

(3)

Minimum dimensional and other requirements. The minimum requirements for a PRL shall be as follows:

Location: A-R zoning district.

Development size: 50 contiguous acres.

Maximum density: One single-family unit for each ten net acres of the development.

The proposed site shall be permitted only on a lot which fronts on and accesses a major thoroughfare, as specified by the county thoroughfare plan.

A site plan will be required prior to the construction of structures and/or recreational facilities, as applicable, per chapter 104.

Each structure whose purpose is to provide lodging shall have paved access to a public street. Said access shall meet the requirements of chapter 104.

No structure shall be permitted within 150 feet of the right-of-way (existing or required) of any existing street abutting or bisecting the development.

A minimum buffer of 75 feet shall be provided around the periphery of the development. To provide sufficient separation from proposed uses to alleviate any adverse effect on the use or usability of abutting or nearby properties, said buffer may be increased through the rezoning procedure by the board of commissioners as a condition of approval and shall be indicated on the development plan. Any vehicular or multi-use path access proposed within the buffer shall be approved through the rezoning procedure and indicated on the development plan; conditions of approval may be incorporated by the board of commissioners.

Height limit: 35 feet.

(g)

Planned entertainment farming.

(1)

Purpose. To allow certain incidental uses to an active farming operation to preserve agricultural areas. An active farming operation is defined as any area of 100 or more contiguous acres from which $10,000.00 or more of agricultural products are grown and sold on an annual basis. Income verification may be required. Agricultural products are defined here as the growing of annual crops, the raising of livestock and/or horses, and dairy farming. The board of commissioners may approve the proposed development with modifications which could include, but are not limited to, establishing residential densities, limitations in nonresidential uses and intensities, architectural controls, traffic improvements such as decel-accel lanes, service drives, internal street configurations, turn lanes, etc. as may be required to mitigate traffic impacts and increased setbacks, buffers and/or screening as may be required to lessen the impact and/or shield views from adjacent properties and/or streets.

(2)

Permitted uses. The following permitted uses shall be allowed in a PEF:

Single-family dwelling and accessory uses and structures associated with the single-family dwelling exclusively as per article III of this chapter;

Farm buildings (shall be bona fide structures related to the farming operation);

Growing of crops;

Raising and selling livestock;

Dairy farm and production;

Greenhouses and shrubbery sales;

Farmer's market (limited to sales of crops grown on premises by owner of property);

Pick-your-own produce;

Processing of agricultural products (shall meet conditional use requirements per the A-R zoning district);

Horse stables and horseback riding;

Horse show (by permit, temporary, 14 days per year);

Rodeo (by permit, temporary, 14 days per year);

Petting zoo;

Educational tours;

Picnic area;

Sit-down restaurant, banquet facility, bakery and catering (no drive-through, and selling of alcoholic beverages, shall be prohibited) (minimum seating capacity of 50 persons);

Gift shop in association with restaurant only; and

Pay fishing and bait sales in association with pay fishing.

(3)

Conditional uses. The following conditional use shall be allowed in the PUD PEF zoning district provided that all conditions specified in article V of this chapter are met: home occupation.

(4)

Minimum dimensional and other requirements. The minimum requirements for PEF shall be as follows:

Location: A-R zoning district.

Development size: 100 contiguous acres.

Single-family dwellings and those accessory uses and structures associated with the single-family dwelling shall meet those requirements established within the A-R zoning district.

All other nonresidential structures shall meet the following setbacks:

Front yard: 200 feet.

Rear yard: 100 feet.

Side yard: 100 feet.

A site plan is required indicating the location of all structures/activities per chapter 104.

All parking and access areas shall be paved and landscaped per chapter 104.

All service areas shall be screened per article III of this chapter.

All parking and service areas shall be to the rear of any restaurant building.

Only structures whose principal purpose is for the storage of farm equipment and/or animals may have a metal facade. All other structures shall have a non-metallic facade.

Shall comply with all county, (including fire marshal), state and federal requirements.

(h)

Planned outdoor recreation.

(1)

Purpose. The intent of a planned outdoor recreation development (POR) is to provide the residents of the county adequate recreational opportunities outside of existing public facilities, parks, private recreation and amenity areas. The board of commissioners may approve the proposed development with modifications which could include, but are not limited to, limitations in nonresidential uses and intensities, architectural controls, traffic improvements such as decel-accel lanes, service drives, internal street configurations, turn lanes, etc. as may be required to mitigate traffic impacts and increased setbacks, buffers and/or screening as may be required to lessen the impact and/or shield views from adjacent properties and/or streets.

(2)

Permitted uses. The following permitted uses shall be allowed in a POR:

Outdoor athletic fields;

Outdoor athletic courts;

Accessory uses:

Picnic and playground areas;

Concession facilities;

Press box facilities;

Restroom facilities;

Maintenance and/or equipment facilities;

Ticket sales facilities;

Bleachers;

Dugouts;

Lights; and

10.

Scoreboards.

(3)

Prohibited uses. The following uses shall be prohibited in a POR:

Motorized or other wheeled vehicle sports;

Swimming pools and water related activities;

Archery;

Firearms and target range;

Explosives and fireworks;

Paintball and similar activities; and

Amusement park activities and rides.

(4)

Minimum dimensional and other requirements. The minimum requirements for a POR shall be as follows:

Development size; 50 contiguous acres.

The development shall have ingress and egress only to an arterial thoroughfare as designated by the county thoroughfare plan.

Maximum number of outdoor athletic fields and/or courts: eight.

Setbacks:

No permitted uses shall be allowed within 100 feet of the right-of-way.

No permitted uses shall be allowed within 500 feet from any A-R or residential zoning district.

No permitted uses shall be allowed within 50 feet from any nonresidential zoning district.

A buffer of 100 feet plus the required setbacks shall separate all permitted uses from any A-R or residential zoning district. Off-street parking areas may be located within the setback areas.

Landscaping and buffer areas shall be planted in accordance with chapter 104.

Paved access and paved parking shall be provided as follows:

40 spaces per outdoor athletic field; and

Ten spaces per outdoor athletic court.

Hours of operation are to be determined at the time of development plan approval. No play permitted after 10:00 p.m.

Lights shall be established in such a way that adjacent properties and residents are not adversely affected, and that no direct light is cast upon said properties and residents. No lighting permitted after 10:30 p.m.

Adequate trash receptacles and grounds maintenance shall be provided to maintain a litter-free recreation area. Dumpsters shall be screened on all sides.

Outside loudspeaker system use permitted until 10:00 p.m.

Height limit: 35 feet, with the exception of lights.

(i)

Planned small business center.

(1)

Purpose. The intent of the planned small business center is to provide a business incubator center through a planned, mixed-use nonresidential development consisting primarily of a mix of office uses, service uses, and light industrial uses, with limited small scale commercial uses as appropriate for the area. A PUD-PSBC will allow innovative and creative design and promote high standards in the development layout to alleviate incompatibility between the internal uses in the development to protect public safety to the greatest degree possible. The board of commissioners may approve the proposed development with modifications which could include, but are not limited to, limitations in nonresidential uses and intensities, architectural controls, traffic improvements such as decel-accel lanes, service drives, internal street configurations, turn lanes, etc. as may be required to mitigate traffic impacts and increased setbacks, buffers and/or screening as may be required to lessen the impact and/or shield views from adjacent properties and/or streets.

(2)

Uses. Only those uses (permitted and conditional) allowed in the O-I, C-C, C-H, and M-1 zoning districts shall be proposed for the PUD-PSBC. Only those uses approved through the rezoning process shall be allowed.

(3)

Minimum dimensional and other requirements.

Minimum lot size: minimum often acres.

The proposed site shall be permitted only on a lot which fronts on and accesses a major thoroughfare, as specified by the county thoroughfare plan.

Front, side, and rear yard setbacks and buffers along the exterior boundaries of the development shall be consistent with either the O-I, C-C, C-H, or M-1 zoning district, as applicable to the use.

The development plan shall indicate the different use areas for the proposed development. Appropriate separation, buffering, and vehicular circulation between uses internal to the development shall be established to alleviate incompatibility and protect public safety. Vehicular access facilities shall be designed in a manner to preclude large vehicles (semi-tractor trailers, delivery trucks, etc.) from utilizing areas where pedestrians are likely to be present.

Location: only those areas indicated in the county Comprehensive Plan shall be given consideration for PUD-PSBC.

Height limit: 35 feet.

(j)

Planned residential and business development (PRBD).

(1)

Purpose. The intent of a planned residential and business development is to allow mixed-use development with principal single-family residential and incidental business uses and, through the use of large lots and the preservation of existing single-family dwellings, to maintain rural character. This zoning district may be considered in all residential land use designations as indicated on the Fayette County Future Land Use Plan map. The characteristics of a PRBD are: in conjunction with a principal residence the occupant conducts on-site business operations, clients/customers visit the site, receipt and shipments of goods occur, and non-occupant employees will be on site. The board of commissioners may approve the proposed development with modifications which could include, but are not limited to, establishing residential densities, limitations in nonresidential uses and intensities, architectural controls, traffic improvements such as decel-accel lanes, service drives, internal street configurations, turn lanes, etc. as may be required to mitigate traffic impacts and increased setbacks, buffers and/or screening as may be required to lessen the impact and/or shield views from adjacent properties and/or streets.

(2)

Permitted residential uses and structures. Planned residential and business development shall contain single-family dwellings and residential accessory structures and uses shall also be allowed per article III of chapter 110. The summary of intent shall specify the minimum floor area of existing single-family dwellings. In addition, a home occupation is allowed per article V of chapter 110.

(3)

Permitted business uses and structures. A list of proposed business uses shall be submitted with the summary of intent. Low-intensity businesses that are incidental and subordinate to the residential use of the property and which do not create offensive noise, dust, smoke, odor, vibrations, or glare that would adversely affect the existing use or usability of adjacent or nearby property and/or do not produce traffic that would be an excessive or burdensome use of existing or planned streets are appropriate for this zoning district. Only those business uses approved through the rezoning process shall be allowed in the PRBD. Any approved business that is listed as a conditional use in article V shall meet the conditional use requirements, as is applicable. The summary of intent shall specify the list of proposed businesses, number of proposed on-site employees per business, and the number, size and architectural character of the business structures proposed for the individual businesses in the PRBD. The architectural character of the business structures shall be agricultural in nature with roof types including hip, gambrel and gable. Appropriate facades shall include fiber-cement siding, wood siding, wood textured vinyl siding, brick/brick veneer, rock, stone, cast-stone, or finished/baked enamel aluminum/metal siding which establishes a horizontal pattern.

(4)

Business vehicles. The summary of intent shall specify the type, size and number of business vehicles and trailers proposed per business in the PRBD and the anticipated frequency of business vehicular trips. Motor vehicles cannot exceed two axles, 22 feet in length, ten feet in height, and/or 8,000 pounds (curb weight). Vehicles that exceed these parameters shall be allowed only during business hours (see item o. of subparagraph (5) below) and only for the purpose of making deliveries, making pickups, and providing services.

(5)

Minimum dimensional and other requirements in the PRBD shall be as follows:

Development size: 75 contiguous acres.

The proposed development shall be permitted only on a lot which fronts on and accesses a major thoroughfare, as specified by the county thoroughfare plan.

A minimum buffer of 100 feet shall be provided around the side and rear periphery of the development (see Sec. 110-94).

Minimum lot size: 15 acres.

Minimum lot width: 250 feet.

Front yard setback: 75 feet.

Side yard setback: 50 feet (except where the 100 foot buffer is applicable).

Rear yard setback: 75 feet (except where the 100 foot buffer is applicable).

New single-family dwelling minimum floor area: 2,100 square feet.

Height limit: 35 feet.

Lights shall be established in such a way that adjacent properties and residents are not adversely affected, and that no direct light is cast upon said properties and residents.

The operator of the business shall be one of the following:

The business operator is the owner/occupant of the property and the business is not owned by a corporation or partnership; or

The property and business is owned by a corporation or partnership in which case the operator/occupant shall be an officer of the corporation or a partner in the case of a partnership.

No more than five (5) persons shall be employed on-site by a business, not including the owner/occupants.

All structures associated with the business are allowed in the rear yard only behind the principal residence and must be fully enclosed and shall not be used for any residential purposes. Business structures shall not be located within 100 feet of the principal residential structure.

All vehicles associated with the business must be parked in the rear yard only.

The hours of operation, in the context of clients/customers shall be limited to 9:00 a.m. to 5:00 p.m., Monday through Saturday.

All materials, equipment, supplies, and inventory associated with the business shall be stored, operated and maintained within the business structure. Semi-trailers or shipping containers cannot be used for storage.

Stormwater Requirements: In the event that 5,000 or more square feet of impervious surface (including driveways and parking for the business) is added in conjunction with a business structure, a site plan compliant with stormwater requirements of the county development regulations shall be required for that lot. The lot will be exempt from site plan requirements, the nonresidential development landscape requirements and tree retention, protection, and replacement requirements of the county development regulations. In the event that the property is subdivided with an internal street, the development shall comply with stormwater requirements of the county development regulations, as applicable.

Adequate off-street parking shall be required. A prepared surface is required for the parking areas. The parking area shall comply with Article VIII. - Off-Street Parking and Service Requirements of the Development Regulations and must be depicted on a sketch, drawn to scale on a survey of the lot. Gravel parking areas shall be exempt from Nonresidential Development Landscape Requirements of the Fayette County Development Regulations. The following is required for gravel parking areas:

(i)

Exterior and interior parking aisles shall be terminated at both ends by a landscape island.

(ii)

Landscape islands shall be provided for each 150 feet of continuous parking length.

(iii)

One (1) canopy tree, six (6) feet high at planting, is required per landscape island.

Paved parking areas shall meet the nonresidential development landscape requirements of the Fayette County Development Regulations.

Signage on individual lots shall be regulated under Sec. 108-135(a). Signage located at the entrance of a subdivision served by an internal local road shall be regulated under Sec. 108-135(b).

(Code 1992, § 20-6-25; Ord. of 8-25-2011; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2016-11, § 1, 5-26-2016; Ord. No. 2017-03, § 1, 10-26-2017; Ord. No. 2018-03, § 14, 9-22-2018)

Sec. 110-150. - G-B, General-Business District.

(a)

Purpose. The purpose of the General Business District (G-B) is to provide for business development that contains uses which are free from such nuisances as noise, vibration, smoke, gas, fume, odor, dust, radiation or other injurious or noxious conditions related to those uses. The G-B zoning district limits the development of retail commercial uses and reduces the resulting traffic generation and noise associated with this type of development. The uses allowed in this zoning district could lend to a business park development pattern.

(b)

Permitted uses. The following permitted uses shall be allowed in the G-B zoning district:

(1)

Auction house (indoor only);

(2)

Banquet hall and/or catering service;

(3)

Business, professional, and/or government offices;

(4)

Business support centers and/or call centers;

(5)

College and/or university, classrooms and/or administration only;

(6)

Computer data services and/or information technology;

(7)

Educational/instructional/tutoring facilities, including, but not limited to: art; computer; dance; driving and/or DUI; martial arts; music; professional/business/trade; and similar facilities;

(8)

Financial, credit, real estate, and/or insurance establishments (excluding retail banking facilities or pawn establishments);

(9)

Health club, fitness center, and/or indoor athletic facility (excluding bowling alleys, pool rooms and skating rinks);

(10)

Medical supply and equipment sales;

(11)

Printing, graphic, blue printing, photography lab, and/or reproduction service;

(12)

Private school, including, classrooms and/or administration only;

(13)

Publishing and distribution;

(14)

Restaurant supply;

(15)

Scientific, medical/dental, and/or research laboratories;

(16)

Television/radio broadcasting studio, recording studio, telecommunication, and/or movie/media productions (including on-site with movie/media productions, ancillary businesses that supply support services, equipment and resources to the movie/media industry); and

(17)

Training center, trade school, and/or vocational centers.

(c)

Conditional uses. The following conditional uses shall be allowed in the G-B zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Single-family residence and residential accessory structures and uses (see article III of this chapter);

(2)

Home occupation;

(3)

College and/or university, including, but not limited to: classrooms, administration, housing, athletic fields, gymnasium, and stadium;

(4)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and/or stadium; and

(5)

Self-storage facility (external and/or internal access).

(d)

Dimensional requirements. The minimum dimensional requirements in the G-B shall be as follows:

(1)

Lot area:

Where public water is available: 43,560 square feet (one acre).

Where public water is not available: 65,340 square feet (1.5 acres).

(2)

Lot width: 125 feet.

(3)

Front yard setback:

Major thoroughfare:

Major arterial: 100 feet.

Arterial: 100 feet.

Collector: 80 feet.

Minor thoroughfare: 65 feet.

(4)

Rear yard setback: 25 feet.

(5)

Side yard setback: 25 feet.

(6)

Buffer. If the rear or side yard abuts a residential or A-R zoning district, a minimum buffer of 50 feet shall be provided adjacent to the lot line, in addition to the required setback. The setback shall be measured from the buffer.

(7)

Height limit:

40 feet.

Only soundstages associated with movie/media productions in this zoning district may exceed 40 feet in height. The front setback shall be increased eight feet for every one foot of building height over 40 feet. If the side and/or rear yards abut a residential or A-R zoning district, the setbacks shall be increased five feet for every one foot of building height over 40 feet.

The required minimum acreage shall be increased based on building height per the table below:

Height Limit	Required Acreage
50 feet	20—50
55 feet	> 50—75
60 feet	> 75—100
65 feet	> 100

(8)

Lot coverage limit, including structures and parking area: 70 percent of total lot area.

(9)

Outside storage of merchandise, equipment, parts, and business vehicles shall be allowed in side or rear yards only, subject to screening, setback and buffer requirements.

All refuse areas shall be allowed in side or rear yards only, shall be screened, and comply with the required buffers and setbacks.

(Code 1992, § 20-6-26; Ord. No. 2012-14, § 4, 12-13-2012; Ord. No. 2013-05, 7-25-2013; Ord. No. 2018-03, § 13, 9-22-2018; Ord. No. 2021-05, § 3, 3-25-2021)

Fayette County Unincorporated
City Zoning Code

ARTICLE IV

DISTRICT USE REQUIREMENTS

Sec. 110-124.- Purpose.

The purpose of this article is to delineate the uses and requirements of the established zoning districts.

(Code 1992, ch. 20, art. VI; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2013-02, § 3, 4-25-2013)

Sec. 110-125. - A-R, Agricultural-Residential District.

(a)

(b)

Permitted uses. The following permitted uses shall be allowed in the A-R zoning district:

(1)

Single-family dwelling;

(2)

Residential accessory structures and uses (see article III of this chapter);

(3)

Growing of crops and the on-premises sale of produce and agricultural products, provided 50 percent of the produce/products sold shall be grown on-premises;

(4)

Plant nurseries and greenhouses (no sales of related garden supplies);

(5)

Raising of livestock; aquaculture, including pay fishing; apiary (all beehives shall comply with the required setbacks); and the sale thereof; and

(6)

One semi-trailer/box truck utilized as a farm outbuilding, provided the property is a minimum of five acres and the semi-trailer/box truck is only used to store agricultural items.

(c)

(1)

Aircraft landing area;

(2)

Animal hospital, kennel or veterinary clinic;

(3)

A-R bed and breakfast inn;

(4)

A-R wedding/event facility;

(5)

Cemetery;

(6)

Church and/or other place of worship;

(7)

Colleges and university, including, but not limited to: classrooms, administration, housing, athletic fields, gymnasium, and/or stadium;

(8)

Commercial driving range and related accessories;

(9)

Child care facility;

(10)

Deer processing facility.

(11)

Developed residential recreational/amenity areas;

(12)

Farm outbuildings, including horse stables, auxiliary structures, and greenhouses (permanent or temporary);

(13)

Golf course (minimum 18-hole regulation) and related accessories;

(14)

Home occupation;

(15)

Horse show, rodeo, carnival, and/or community fair;

(16)

Hospital;

(17)

Kennel (see animal hospital, kennel, and/or veterinary clinic);

(18)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and stadium;

(19)

Processing, packaging, or handling of perishable agricultural products (i.e. fruits and vegetables) which are grown on premises;

(20)

Recreation centers and similar institutions owned by nonprofit organizations as so registered with the state secretary of state office;

(21)

Religious tent meeting; and

(22)

Shooting range, outdoor.

(d)

Dimensional requirements. The minimum dimensional requirements in the A-R zoning district shall be as follows:

(1)

Lot area: 217,800 square feet (five acres).

(2)

Lot width: 250 feet.

(3)

Floor area: 1,200 square feet.

(4)

Front yard setback:

Major thoroughfare:

Arterial: 100 feet.

Collector: 100 feet.

Minor thoroughfare: 75 feet.

(5)

Rear yard setback: 75 feet.

(6)

Side yard setback: 50 feet.

(7)

35 feet as defined in article III of this chapter.

(e)

Sec. 110-126. - C-S, Conservation Subdivision District.

(a)

(b)

Rezoning requirements. The following is required for a rezoning petition for the conservation subdivision zoning district in addition to what is normally required for a rezoning petition:

(1)

(2)

A delineation of the attributes (see subsection (a) of this section) of the site which will be preserved;

A delineation of the residential area and the conservation area including the acreage within each area;

Uses and improvements planned for the conservation area with the acreage devoted to each; and

Indicate and label existing structures to remain.

(c)

Uses permitted within the residential area of a conservation subdivision. The following permitted uses shall be allowed in the residential area of the C-S zoning district:

(1)

Single-family dwelling; and

(2)

Residential accessory structures and uses (see article III of this chapter).

(d)

(1)

Home occupation;

(2)

Horse quarters; and

(3)

Developed residential recreational/amenity areas.

(e)

Uses permitted within the conservation area of a conservation subdivision. The following permitted uses and structures shall be allowed in the conservation area of the C-S zoning district:

(1)

Trails and paths (impervious trails and paths are limited to five percent of the conservation area);

(2)

(3)

Community gardens for the use of the residents of the subdivision only;

(4)

The maintenance of existing orchards and groves including the harvesting of fruit and nuts;

(5)

The maintenance of existing pastures including the harvesting of hay; and

(6)

The maintenance of existing farm fields used for row crops including the harvesting of crops.

(7)

Stormwater management facilities per chapter 104, article XIV and mail CBUs with associated shelter structures.

All improvements within the conservation area shall comply with chapter 104, article VII.

(f)

Dimensional requirements. The minimum dimensional requirements within the residential area in the C-S zoning district shall be as follows:

(1)

Lot area per dwelling unit:

Where central sanitary sewage or central water distribution system is provided: 43,560 square feet (one acre) only within an area designated low density residential or rural residential—2.

Where neither a central sanitary sewage nor a central water distribution system is provided: 65,340 square feet (1½ acres) only an area designated Low Density Residential or Rural Residential—2.

Within an area designated Rural Residential—3: 65,340 square feet (1 ½ acres).

(2)

Lot width per dwelling unit:

Major thoroughfare:

Arterial: 150 feet.

Collector: 150 feet.

Minor thoroughfare: 125 feet.

(3)

Floor area: 2,100 square feet.

(4)

Front yard setback:

Major thoroughfare:

Arterial: 100 feet.

Collector: 75 feet.

Minor thoroughfare: 50 feet.

(5)

Rear yard setback: 30 feet.

(6)

Side yard setback: 20 feet.

(7)

Height limit: 35 feet.

(g)

(h)

Conservation area requirements. The conservation area of the subdivision shall meet the following requirements:

(1)

Ownership. Title to the conservation area shall be conveyed to one of the following entities:

A homeowners' association that has been established according to the Georgia Property Owners' Association Act (O.C.G.A. § 44-3-220 et seq.); or

A conservation trust organization approved by the county board of commissioners; or

The county board of commissioners (for conservation areas with no structures only).

(2)

(3)

(Code 1992, § 20-6-2; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2020-02, § 6, 5-28-2020)

Sec. 110-127. - EST, Estate Residential District.

(a)

(b)

Rezoning requirements. The following is required for a rezoning petition for the estate residential zoning district in addition to what is normally required for a rezoning petition:

(1)

(2)

A development plan shall be required for the rezoning petition. The development plan, as approved, shall establish the layout and uses planned for the development. Any change in the approved development plan, which affects the intent and character of the development, the density or land use pattern, the location or dimensions of streets, or similar substantial changes, shall be reviewed and approved by the board of commissioners upon the recommendation of the planning commission. A petition for a revision of the development plan shall be supported by a written statement as to why the revisions are necessary. Each EST subdivision shall consist of two areas: the residential area and the conservation area. The conservation area will consist of the environmentally sensitive areas, including waterways, water bodies, watershed protection areas, floodplains, wetlands, riparian buffers and woodlands, as well as, agricultural areas existing agricultural structures and historical structures. The conservation area will remain in a natural and undisturbed state with minimal improvements. In addition to what is normally required on the development plan, the development plan shall include the following:

A delineation of the attributes (see subsection (a) of this section) of the site which will be preserved;

A delineation of the residential area and the conservation area including the approximate acreage within each area;

Uses and improvements planned for the conservation area with the acreage devoted to each; and

Indicate and label existing structures to remain.

(c)

Uses permitted within the residential area of an estate residential subdivision. The following permitted uses shall be allowed in the residential area of the estate residential zoning district:

(1)

Single-family dwelling; and

(2)

Residential accessory structures and uses (see article III of this chapter).

(d)

Conditional uses. The following conditional uses shall be allowed in the residential area of EST zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Developed residential recreational/amenity areas;

(2)

Home occupation; and

(3)

Horse quarters.

(e)

(1)

Trails and paths (impervious trails and paths are limited to five percent of the conservation area);

(2)

Picnic areas which can include picnic tables, grills, benches, playground equipment (swing sets, slides, etc.). Picnic areas and one covered picnic pavilion are required to be setback 50 feet from any residential property line and are limited to five percent of the conservation area. The covered picnic pavilion shall not exceed a maximum of 900 square feet;

(3)

Community gardens for the use of the residents of the subdivision only;

(4)

The maintenance of existing orchards and groves including the harvesting of fruit and nuts;

(5)

The maintenance of existing pastures including the harvesting of hay; and

(6)

The maintenance of existing farm fields used for row crops including the harvesting of crops.

(7)

Stormwater management facilities per chapter 104, article XIV and mail CBUs with associated shelter structures.

All improvements within the conservation area shall comply with chapter 104, article VII.

(f)

Dimensional requirements. The minimum dimensional requirements within the residential area in the estate residential zoning district shall be as follows:

(1)

Lot area per dwelling unit: 108,900 square feet (2.5 acres).

(2)

Lot width per dwelling unit: 160 feet.

(3)

Floor area: 2,500 square feet.

(4)

Front yard setback:

Major thoroughfare:

Arterial: 100 feet.

Collector: 75 feet.

Minor thoroughfare: 50 feet.

(5)

Rear yard setback: 50 feet.

(6)

Side yard setback: 25 feet.

(7)

Height limit: 35 feet.

(g)

(h)

Conservation area requirements. The conservation area of the subdivision shall meet the following requirements:

(1)

Ownership. Title to the conservation area shall be conveyed to one of the following entities:

A homeowners' association that has been established according to the Georgia Property Owners' Association Act (O.C.G.A. § 44-3-220 et seq.); or

A conservation trust organization approved by the county board of commissioners; or

The county board of commissioners (for conservation areas with no structures only).

(2)

(3)

(Code 1992, § 20-6-3; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2020-02, § 7, 5-28-2020; Ord. No. 2020-07, § 1, 8-27-2020)

Sec. 110-128. - R-85, Single-Family Residential District.

(a)

(b)

Permitted uses. The following uses shall be permitted in the R-85 zoning district:

(1)

Single-family dwelling;

(2)

Residential accessory structures and uses (see article III of this chapter); and

(3)

Growing crops, gardens.

(c)

Conditional uses. The following conditional uses shall be allowed in the R-85 zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Church and/or other place of worship;

(2)

Developed residential recreational/amenity areas;

(3)

Home occupation;

(4)

Horse quarters; and

(5)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and stadium.

(d)

Dimensional requirements. The minimum dimensional requirements in the R-85 zoning district shall be as follows:

(1)

Lot area per dwelling unit: 130,680 square feet (three acres).

(2)

Lot width: 175 feet.

(3)

Floor area: 3,000 square feet.

(4)

Front yard setback:

Major thoroughfare:

Arterial: 100 feet.

Collector: 75 feet.

Minor thoroughfare: 50 feet.

(5)

Rear yard setback: 50 feet.

(6)

Side yard setback: 30 feet.

(7)

Height limit: 35 feet.

(Code 1992, § 20-6-4; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2018-03, § 13, 9-22-2018; Ord. No. 2020-02, § 8, 5-28-2020)

Sec. 110-129. - R-80, Single-Family Residential District.

(a)

(b)

Permitted uses. The following permitted uses shall be allowed in the R-80 zoning district:

(1)

Single-family dwelling;

(2)

Residential accessory structures and uses (see article III of this chapter); and

(3)

Growing crops, gardens.

(c)

Conditional uses. The following conditional uses shall be allowed in the R-80 zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Church and/or other place of worship;

(2)

Developed residential recreational/amenity areas;

(3)

Home occupation;

(4)

Horse quarters; and

(5)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and stadium.

(d)

Dimensional requirements. The minimum dimensional requirements in the R-80 zoning district shall be as follows:

(1)

Lot area per dwelling: 130,680 square feet (three acres).

(2)

Lot width: 175 feet.

(3)

Floor area: 2,500 square feet.

(4)

Front yard setback:

Major thoroughfare:

Arterial: 75 feet.

Collector: 75 feet.

Minor thoroughfare: 50 feet.

(5)

Rear yard setback: 50 feet.

(6)

Side yard setback: 30 feet.

(7)

Height limit: 35 feet.

(Code 1992, § 20-6-5; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2018-03, § 13, 9-22-2018)

Sec. 110-130. - R-78, Single-Family Residential District.

(a)

(b)

Permitted uses. The following uses shall be permitted in the R-78 zoning district:

(1)

Single-family dwelling;

(2)

Residential accessory structures and uses (see article III of this chapter); and

(3)

Growing crops, gardens.

(c)

Conditional uses. The following conditional uses shall be allowed in the R-78 zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Church and/or other place of worship;

(2)

Developed residential recreational/amenity areas;

(3)

Home occupation;

(4)

Horse quarters; and

(5)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and stadium.

(d)

Dimensional requirements. The minimum dimensional requirements in the R-78 zoning district shall be as follows:

(1)

Lot area per dwelling unit: 87,120 square feet (two acres).

(2)

Lot width: 125 feet.

(3)

Floor area: 3,000 square feet.

(4)

Front yard setback:

Major thoroughfare:

Arterial: 100 feet.

Collector: 75 feet.

Minor thoroughfare: 50 feet.

(5)

Rear yard setback: 50 feet.

(6)

Side yard setback: 25 feet.

(7)

Height limit: 35 feet.

(Code 1992, § 20-6-6; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2018-03, § 13, 9-22-2018)

Sec. 110-131. - R-75, Single-Family Residential District.

(a)

(b)

Permitted uses. The following uses shall be permitted in the R-75 zoning district:

(1)

Single-family dwelling;

(2)

Residential accessory structures and uses (see article III of this chapter); and

(3)

Growing crops, gardens.

(c)

Conditional uses. The following conditional uses shall be allowed in the R-75 zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Church and/or other place of worship;

(2)

Developed residential recreational/amenity areas;

(3)

Home occupation;

(4)

Horse quarters; and

(5)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and stadium.

(d)

Dimensional requirements. The minimum dimensional requirements in the R-75 zoning district shall be as follows:

(1)

Lot area per dwelling unit: 87,120 square feet (two acres).

(2)

Lot width: 125 feet.

(3)

Floor area: 2,500 square feet.

(4)

Front yard setback:

Major thoroughfare:

Arterial: 100 feet.

Collector: 75 feet.

Minor thoroughfare: 50 feet.

(5)

Rear yard setback: 50 feet.

(6)

Side yard setback: 25 feet.

(7)

Height limit: 35 feet.

(Code 1992, § 20-6-7; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2018-03, § 13, 9-22-2018)

Sec. 110-132. - R-72, Single-Family Residential District.

(a)

(b)

Permitted uses. The following permitted uses shall be allowed in the R-72 zoning district:

(1)

Single-family dwelling;

(2)

Residential accessory structures and uses (see article III of this chapter); and

(3)

Growing crops, gardens.

(c)

Conditional uses. The following conditional uses shall be allowed in the R-72 zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Church and/or other place of worship;

(2)

Developed residential recreational/amenity areas;

(3)

Home occupation;

(4)

Horse quarters; and

(5)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and stadium.

(d)

Dimensional requirements. The minimum dimensional requirements in the R-72 zoning district shall be as follows:

(1)

Lot area per dwelling unit: 87,120 square feet (two acres).

(2)

Lot width:

Major thoroughfare:

Arterial: 175 feet.

Collector: 175 feet.

Minor thoroughfare: 150 feet.

(3)

Floor area: 2,100 square feet.

(4)

Front yard setback:

Major thoroughfare:

Arterial: 75 feet.

Collector: 75 feet.

Minor thoroughfare: 50 feet.

(5)

Rear yard setback: 50 feet.

(6)

Side yard setback: 25 feet.

(7)

Height limit: 35 feet.

(Code 1992, § 20-6-8; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2018-03, § 13, 9-22-2018)

Sec. 110-133. - R-70, Single-Family Residential District.

(a)

Description of district. This district is composed of certain lands and structures having a low density single-family residential character and designed to protect against the depreciating effects of excessive densities and development and those uses incompatible with such a residential environment.

(b)

Permitted uses. The following permitted uses shall be allowed in the R-70 zoning district:

(1)

Single-family dwelling;

(2)

Residential accessory structures and uses (see article III of this chapter); and

(3)

Growing crops, gardens.

(c)

Conditional uses. The following conditional uses shall be allowed in the R-70 zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Church and/or other place of worship;

(2)

Developed residential recreational/amenity areas;

(3)

Home occupation;

(4)

Horse quarters; and

(5)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and stadium.

(d)

Dimensional requirements. The minimum dimensional requirements in the R-70 zoning district shall be as follows:

(1)

Lot area per dwelling unit: 87,120 square feet (two acres).

(2)

Lot width:

Major thoroughfare:

Arterial: 175 feet.

Collector: 175 feet.

Minor thoroughfare: 150 feet.

(3)

Floor area: 1,500 square feet.

(4)

Front yard setback:

Major thoroughfare:

Arterial: 75 feet.

Collector: 75 feet.

Minor thoroughfare: 50 feet.

(5)

Rear yard setback: 50 feet.

(6)

Side yard setback: 25 feet.

(7)

Height limit: 35 feet.

(Code 1992, § 20-6-9; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2018-03, § 13, 9-22-2018)

Sec. 110-134. - R-55, Single-Family Residential District.

(a)

(b)

Permitted uses. The following uses shall be permitted in the R-55 zoning district:

(1)

Single-family dwelling;

(2)

Residential accessory structures and uses (see article III of this chapter); and

(3)

Growing crops, gardens.

(c)

Conditional uses. The following conditional uses shall be allowed in the R-55 zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Church and/or other place of worship;

(2)

Developed residential recreational/amenity areas;

(3)

Home occupation;

(4)

Horse quarters; and

(5)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and stadium.

(d)

Dimensional requirements. The minimum dimensional requirements in the R-55 zoning district shall be as follows:

(1)

Lot area per dwelling unit:

Where central sanitary sewage or central water distribution system is provided: 43,560 square feet (one acre).

Where neither a central sanitary sewage nor a central water distribution system is provided: 65,340 square feet (1.5 acres).

(2)

Lot width: 150 feet.

(3)

Floor area: 2,500 square feet.

(4)

Front yard setback:

Major thoroughfare:

Arterial: 100 feet.

Collector: 75 feet.

Minor thoroughfare: 50 feet.

(5)

Rear yard setback: 50 feet.

(6)

Side yard setback: 25 feet.

(7)

Height limit: 35 feet.

(Code 1992, § 20-6-10; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2018-03, § 13, 9-22-2018)

Sec. 110-135. - R-50, Single-Family Residential District.

(a)

(b)

Permitted uses. The following permitted uses shall be allowed in the R-50 zoning district:

(1)

Single-family dwelling;

(2)

Residential accessory structures and uses (see article III of this chapter); and

(3)

Growing crops, gardens.

(c)

Conditional uses. The following conditional uses shall be allowed in the R-50 zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Church and/or other place of worship;

(2)

Developed residential recreational/amenity areas;

(3)

Home occupation;

(4)

Horse quarters; and

(5)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and stadium.

(d)

Dimensional requirements. The minimum dimensional requirements in the R-50 zoning district shall be as follows:

(1)

Lot area per dwelling unit:

Where central sanitary sewage or central water distribution system is provided: 43,560 square feet (one acre).

Where neither a central sanitary sewage nor a central water distribution system is provided: 65,340 square feet (1.5 acres).

(2)

Lot width:

Major thoroughfare:

Arterial: 150 feet.

Collector: 150 feet.

Minor thoroughfare: 125 feet.

(3)

Floor area: 2,100 square feet.

(4)

Front yard setback:

Major thoroughfare:

Arterial: 100 feet.

Collector: 75 feet.

Minor thoroughfare: 50 feet.

(5)

Rear yard setback: 30 feet.

(6)

Side yard setback: 20 feet.

(7)

Height limit: 35 feet.

(Code 1992, § 20-6-11; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2018-03, § 13, 9-22-2018)

Sec. 110-136. - R-45, Single-Family Residential District.

(a)

(b)

Permitted uses. The following permitted uses shall be allowed in the R-45 zoning district:

(1)

Single-family dwelling;

(2)

Residential accessory structures and uses (see article III of this chapter); and

(3)

Growing crops, gardens.

(c)

Conditional uses. The following conditional uses shall be allowed in the R-45 zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Church and/or other place of worship;

(2)

Developed residential recreational/amenity areas;

(3)

Home occupation;

(4)

Horse quarters; and

(5)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and stadium.

(d)

Dimensional requirements. The minimum dimensional requirements in the R-45 zoning district shall be as follows:

(1)

Lot area per dwelling unit:

Where central sanitary sewage or central water distribution system is provided: 43,560 square feet (one acre).

Where neither a central sanitary nor central water distribution system is provided: 65,340 square feet (1.5 acres).

(2)

Lot width: 125 feet.

(3)

Floor area: 1,800 square feet.

(4)

Front yard setback:

Major thoroughfare:

Arterial: 60 feet.

Collector: 60 feet.

Minor thoroughfare: 40 feet.

(5)

Rear yard setback: 40 feet.

(6)

Side yard setback: 20 feet.

(7)

Height limit: 35 feet.

(Code 1992, § 20-6-12; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2018-03, § 13, 9-22-2018)

Sec. 110-137. - R-40, Single-Family Residential District.

(a)

(b)

Permitted uses. The following permitted uses shall be allowed in the R-40 zoning district:

(1)

Single-family dwelling;

(2)

Residential accessory structures and uses (see article III of this chapter); and

(3)

Growing crops, gardens.

(c)

Conditional uses. The following conditional uses shall be allowed in the R-40 zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Church and/or other place of worship;

(2)

Developed residential recreational/amenity areas;

(3)

Home occupation;

(4)

Horse quarters; and

(5)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and stadium.

(d)

Dimensional requirements. The minimum dimensional requirements within the R-40 zoning district shall be as follows:

(1)

Lot area per dwelling unit:

Where central sanitary sewage or central water distribution systems are provided: 43,560 square feet (one acre).

Where neither a central sanitary sewage nor a central water distribution system is provided: 65,340 square feet (1.5 acres).

(2)

Lot width:

Major thoroughfare:

Arterial: 150 feet.

Collector: 150 feet.

Minor thoroughfare: 125 feet.

(3)

Floor area: 1,500 square feet.

(4)

Front yard setback:

Major thoroughfare:

Arterial: 60 feet.

Collector: 60 feet.

Minor thoroughfare: 40 feet.

(5)

Rear yard setback: 30 feet.

(6)

Side yard setback: 15 feet.

(7)

Height limit: 35 feet.

(Code 1992, § 20-6-13; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2018-03, § 13, 9-22-2018)

Sec. 110-138. - R-20, Single-Family Residential District.

(a)

(b)

Permitted uses. The following permitted uses shall be allowed in the R-20 zoning district:

(1)

Single-family dwelling;

(2)

Residential accessory structures and uses (see article III of this chapter); and

(3)

Growing crops, gardens.

(c)

Conditional uses. The following conditional uses shall be allowed in the R-20 zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Church and/or other place of worship;

(2)

Developed residential recreational/amenity areas;

(3)

Home occupation;

(4)

Horse quarters; and

(5)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and stadium.

(d)

Dimensional requirements. The minimum dimensional requirements in the R-20 zoning district shall be as follows:

(1)

Lot area per dwelling unit:

Where a central sanitary sewage or a central water distribution system is provided: 43,560 square feet (one acre).

Where neither a central sanitary sewage nor a central water distribution system is provided: 65,340 square feet (1.5 acres).

(2)

Lot width:

Major thoroughfare:

Arterial: 150 feet.

Collector: 150 feet.

Minor thoroughfare: 125 feet.

(3)

Floor area: 1,200 square feet.

(4)

Front yard setback:

Major thoroughfare:

Arterial: 60 feet.

Collector: 60 feet.

Minor thoroughfare: 40 feet.

(5)

Rear yard setback: 30 feet.

(6)

Side yard setback: 15 feet.

(7)

Height limit: 35 feet.

(Code 1992, § 20-6-14; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2018-03, § 13, 9-22-2018)

Sec. 110-139. - DR-15, One- and Two-Family Residential District.

(a)

(b)

Permitted uses. The following permitted uses shall be allowed in the DR-15 zoning district:

(1)

Single-family dwelling;

(2)

Residential accessory structures and uses (see article III of this chapter);

(3)

Growing crops, gardens; and

(4)

Two-family dwellings.

(c)

Conditional uses. The following conditional uses shall be allowed in the DR-15 zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Church and/or other place of worship;

(2)

Developed residential recreational/amenity areas;

(3)

Home occupation; and

(4)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and stadium.

(d)

Dimensional requirements. The minimum dimensional requirements in the DR-15 zoning district shall be as follows:

(1)

Lot area per dwelling:

Single-family or two-family dwelling with central sanitary sewage or central water distribution system: 43,560 square feet (one acre).

Where neither a central sanitary sewage nor a central water distribution system is provided: 65,340 square feet (1.5 acres).

(2)

Lot width:

Major thoroughfare:

Arterial: 125 feet.

Collector: 125 feet.

Minor thoroughfare: 100 feet.

(3)

Floor area:

Single-family dwelling: 1,200 square feet.

Two-family dwelling: 1,800 square feet.

(4)

Front yard setback:

Major thoroughfare:

Arterial: 50 feet.

Collector: 45 feet.

Minor thoroughfare: 40 feet.

(5)

Rear yard setback: 30 feet.

(6)

Side yard setback: 10 feet.

(7)

Height limit: 35 feet.

(8)

Off-street parking: Parking spaces for three motor vehicles per dwelling unit.

(Code 1992, § 20-6-15; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2018-03, § 13, 9-22-2018)

Sec. 110-140. - RMF, Multi-Family Residential District.

(a)

(b)

Permitted uses. The following permitted uses and structures shall be allowed in the RMF zoning district:

(1)

Apartments; and

(2)

Townhouses.

(c)

Conditional uses. The following conditional use shall be allowed in the RMF zoning district provided that all conditions specified in article V of this chapter are met: home occupation.

(d)

Dimensional requirements. The minimum dimensional requirements in the RMF zoning district shall be as follows:

(1)

Maximum requirements per development:

Maximum density: five units per gross acre.

Maximum number of dwelling units per development: 160.

(2)

Minimum requirements for a development:

Site area: five acres

Site frontage: 50 feel of immediate frontage on at least one street which has been identified as an arterial as specified by the county thoroughfare plan.

Peripheral yard requirements:

Front yard:

(i)

Major thoroughfare:

State-numbered route: 150 feet.

Arterial: 100 feet.

Collector: 80 feet.

(ii)

Minor thoroughfare: 60 feet.

Side yard: 40 feet.

Rear yard: 40 feet.

(3)

Lot coverage and minimum open space.

The minimum distance between buildings, including any projections, shall not be less than 50 feet.

(4)

Height limit: 35 feet.

(5)

Floor area:

One bedroom: 600 square feet.

Two bedroom: 850 square feet.

Three bedroom: 1,200 square feet.

(6)

Special location and spatial requirements:

No more than eight dwelling units shall compose a single building.

All exterior refuse areas or outside storage shall be screened in accordance with article III of this chapter.

At least 15 percent of the total land area shall be reserved for recreation available to all residents of the development. At a minimum, recreation areas shall include the following:

One swimming pool at least 1,000 square feet;

Two standard tennis courts;

One children's playground; and

20 off-street parking spaces.

Parking areas shall not be located within the minimum required peripheral front, side, or rear yards of the development. A minimum of three spaces are required per dwelling unit.

(7)

Circulation system requirements.

Principal access drives serving more than ten dwelling units shall be constructed to the county public street standards.

Parking areas shall be connected to living units by paved walkways. Sidewalks may be required where necessary for safe pedestrian circulation as determined by the county engineer.

(8)

(9)

(Code 1992, § 20-6-16; Ord. No. 2012-09, § 4, 5-24-2012)

Sec. 110-141. - MHP, Manufactured Home Park District.

(a)

Description of district. This district is composed of certain lands and structures for purpose of providing the proper development of manufactured home parks.

(b)

Permitted uses. The following permitted uses shall be allowed in the MHP zoning district:

(1)

Manufactured home park;

(2)

Residential accessory structures and uses (see article III of this chapter);

(3)

Office trailer; and

(4)

Growing crops, gardens.

(c)

Conditional uses. The following conditional uses shall be allowed in the MHP zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Child care facility; and

(2)

Home occupation.

(d)

Special regulations. The following regulations shall apply to the MHP zoning district in addition to any other applicable regulations herein:

(1)

A draft of the proposed rules and regulations which shall be established and enforced by the management of the manufactured home park;

The existing and proposed land uses and the approximate location of all buildings and structures;

The location of existing and proposed streets and parking areas;

A legal description of the subject property;

Typical elevation drawings, indicating general architectural style and building exterior materials, if possible, of all permanent buildings and structures to be constructed on the premises;

A statement of the present ownership of all land within the proposed development;

A summary of acres, dwelling units, and gross density, as well as a statement of the number of acres devoted to buffer areas, and green belts or other amenities, such as lakes, etc.;

A description of the phases under which construction shall be programmed, depicting the geographical limits of each phase of construction; and

Specific plans for provision of central water and central sanitary sewage systems.

(2)

(3)

(4)

Use regulations. In addition to the above listed permitted uses, the buildings or land shall only be used as follows:

Convenience food stores with a maximum of 1,500 square feet including inside and outside storage, as an accessory to a manufactured home park as designated on an approved site plan;

Laundromat, including coin operated dry cleaning, as an accessory to a manufactured home park as designated on an approved site plan, upon approval by the county health department;

The sale or display of a manufactured home, provided each such manufactured home offered for sale shall be located on its individual lot and connected to all utilities.

(5)

Perimeter requirements.

A buffer zone having a minimum width of 150 feet shall be provided so as to provide a continuous buffer along all side and rear yards of any manufactured home park.

A buffer zone having a minimum depth of 100 feet shall extend along the entire frontage of any manufactured home park.

(6)

(7)

Circulation system. Each manufactured home park shall have a minimum 200 feet of frontage and only access an arterial thoroughfare.

Each manufactured home park over 20 acres in size shall have a minimum of two access streets or drives to provide ingress and egress for vehicular traffic.

Provision shall be made for safe, all-weather pedestrian movement within the development.

(8)

Night lighting. Streets, pedestrian walkways and parking areas shall be adequately lighted.

(9)

Garbage refuse collection facilities. Garbage refuse collection shall be provided by the manufactured home park owner.

(10)

(11)

(e)

Dimensional requirements. The minimum dimensional requirements in the MHP zoning district shall be as follows:

(1)

No manufactured home park shall be constructed or maintained on a lot consisting of a total area of less than ten acres.

(2)

Each manufactured home shall be located on a separate lot as follows:

Each lot shall have a minimum width of 60 feet.

Each lot shall contain a minimum of 6,000 square feet.

Each lot shall provide a paved concrete or all-weather patio area having a minimum area of 300 square feet.

(3)

Four feet of its individual lot line; or

15 feet of any street or drive within the manufactured home park.

(4)

Height limit: 35 feet.

(Code 1992, § 20-6-17; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2012-14, § 3, 12-13-2012; Ord. No. 2018-03, § 13, 9-22-2018)

Sec. 110-142. - O-I, Office-Institutional District.

(a)

Description of district. This district is composed of certain lands and structures having office and institutional uses which are compatible with or provide a transition into low-intensity land uses.

(b)

Permitted principal uses and structures. The following permitted uses shall be allowed in the O-I zoning district:

(1)

Office;

(2)

Art gallery;

(3)

Bank and/or financial institution;

(4)

Banquet hall/event facility;

(5)

College and/or university, including classrooms and/or administration only;

(6)

(7)

Health club and/or fitness center;

(8)

Hotel;

(9)

Insurance carrier, agent, and/or broker;

(10)

Laboratory, medical, and/or dental;

(11)

Legal services;

(12)

Massage therapy (see chapter 8);

(13)

Medical/dental office (human treatment);

(14)

Military recruiting office;

(15)

Museum;

(16)

Performing arts theater;

(17)

Private school, including classrooms and/or administration only;

(18)

(19)

Real estate agent and/or broker.

(c)

(1)

Beauty shop and/or barbershop;

(2)

Blueprinting;

(3)

Cafeteria;

(4)

Commercial art and/or drafting service;

(5)

Day care facility;

(6)

Delivery and/or messenger service;

(7)

Drug store;

(8)

Florist;

(9)

Gift shop;

(10)

Photocopying and/or reproduction;

(11)

Restaurant (limited to five percent of total floor area of office park and included in overall ten percent limitation);

(12)

Stenographic and/or typing service;

(13)

Teleconferencing center; and

(14)

Travel agency and/or ticket office.

(d)

Conditional uses. The following conditional uses shall be allowed in the O-I zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Adult day care facility;

(2)

Animal hospital and/or veterinary clinic (with no animal boarding or outdoor runs);

(3)

Care home, convalescent center, and/or nursing home;

(4)

Church and/or other place of worship;

(5)

College and/or university, including, but not limited to: classrooms, administration, housing, athletic fields, gymnasium, and stadium;

(6)

Child care facility;

(7)

Home occupation;

(8)

Hospital;

(9)

Non-emergency medical transport service;

(10)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and stadium;

(11)

Religious tent meeting; and

(12)

Single-family residence and residential accessory structures and/or uses (see article III of this chapter).

(e)

(1)

Uses. The following auxiliary conditional uses shall be allowed in the O-I zoning district:

Durable medical and rehabilitation equipment sales/rental (i.e., wheelchairs, crutches, etc.);

Pharmaceutical sales (for the purpose of filling prescriptions only);

Counter service restaurants, including but not limited to: a bakery, cafe, coffee shop, or deli. No drive-through, drive-in, or freestanding facilities shall be allowed;

Optical care center to include prescription eyeglass/contact lens sales;

Gift shop for the sale of items usually associated with a medical condition and/or hospital stay (i.e., get well cards, etc.); and

Floral sales.

(2)

Auxiliary conditional use limitations.

Multiple uses may be permitted concurrently, but may not exceed the 20 percent limitation.

(3)

Architectural requirements.

Architecture shall conform to the existing hospital/medical office development. The architectural standards of the transportation corridor overlay zone shall not apply.

Elevation drawings shall be submitted as part of site plan approval.

(f)

Dimensional requirements. The minimum dimensional requirements in the O-I zoning district shall be as follows:

(1)

Lot area:

Where a central water distribution system is provided: 43,560 square feet (one acre).

Where central sanitary sewage and central water distribution systems are provided: 21,780 square feet (0.50 acre).

(2)

Lot width: 125 feet.

(3)

Outside storage shall not be permitted.

(4)

Setbacks, yards adjoining rights-of-way:

Major thoroughfare:

Arterial: 75 feet.

Collector: 70 feet.

Minor thoroughfare: 55 feet.

(5)

Setbacks, yards not adjoining rights-of-way:

Side yard: 15 feet.

Rear yard: 15 feet.

(6)

(7)

Height limit:

40 feet as defined in article I of this chapter.

When a structure reaches a minimum height of four floors (including basements), it shall be sprinkled.

(8)

(9)

Lot coverage limit, including structure and parking area: 60 percent of total lot area.

(g)

SR 74 North-East Side Special Development District.

(1)

To maintain the efficient traffic flow of SR 74 North as the county's main connection to Interstate 85;

To enhance and maintain the aesthetic qualities of the corridor, as it is the gateway into the county; and

To protect existing and future residential areas in the SR 74 North corridor.

(2)

Restaurants (no drive-through, drive-in, or freestanding facilities shall be allowed);

Convenience store (no gasoline sales);

Blueprinting, graphic, and/or copying service;

Office and/or computer sales and/or service; and

Cellular phone/communication device sales and/or service.

(h)

State Route 54 West Special Development District.

(1)

(2)

On parcels zoned O-I with a minimum of five acres the following expanded business uses are allowed:

Businesses that supply services, equipment and/or resources to the film industry;

Call center;

Cellular phone/communication device sales and/or service;

Computer technology service, sales and/or repair;

Medical equipment sales, rental and/or repair;

Restaurant (no drive-through or drive-in);

Television/radio broadcasting studio, movie/music/media productions or telecommunications;

Server farm/data center; and

Internal access self-storage facility.

No outside storage of materials or equipment shall be allowed.

(3)

If the side and/or rear yards abut a residential or A-R zoning district, the setbacks shall be increased five feet for every one foot of total building height over 40 feet.

(4)

(i)

Special uses of property. The following special uses of property shall be allowed in the O-I zoning district, provided that all conditions specified in article V of this chapter are also met:

(1)

Drug abuse treatment facility.

Sec. 110-143. - C-C, Community Commercial District.

(a)

Description of district. This district is composed of certain lands and structures providing for convenient community shopping facilities having a broad variety of sales and services.

(b)

Permitted uses. The following uses shall be permitted in the C-C zoning district:

(1)

Amusement or recreational facility, indoor or outdoor (see chapter 18);

(2)

Appliance sales and incidental repair;

(3)

Art studio;

(4)

Auto parts and/or tire sales and installation;

(5)

Bakery;

(6)

Bank and/or financial institution;

(7)

Banquet hall/event facility;

(8)

Catering service;

(9)

Church and/or other place of worship, excluding outdoor recreation, parsonage, and cemetery or mausoleum;

(10)

College and/or university, including classrooms and/or administration only;

(11)

Copy shop;

(12)

Cultural facility;

(13)

Day spa;

(14)

Department store, variety store, and/or clothing store;

(15)

Drug store;

(16)

(17)

Electronic sales and incidental repair;

(18)

Emission testing facility (inside only);

(19)

Firearm sales and/or gunsmith;

(20)

Florist;

(21)

Gift shop;

(22)

Grocery store;

(23)

Hardware store;

(24)

Health club and/or fitness center;

(25)

Jewelry shop;

(26)

Laboratory serving professional requirements, (e.g., medical, dental, etc.);

(27)

Library;

(28)

Medical/dental office (human treatment);

(29)

Messenger/courier service;

(30)

Military recruiting office;

(31)

Movie theatre (excluding drive-in);

(32)

Museum;

(33)

Office;

(34)

Office equipment sales and/or service;

(35)

Parking garage/lot;

(36)

(37)

Plant nursery, growing crops/garden, and related sales;

(38)

Printing, graphics, and/or reproductions;

(39)

Private clubs and/or lodges;

(40)

Private school, including, classrooms and/or administration only;

(41)

Radio studio;

(42)

Recording studio (audio and video);

(43)

Restaurant, (including drive-in and/or drive-through);

(44)

Retail establishment;

(45)

Smoking lounge (subject to state and local tobacco sales and smoking laws);

(46)

Taxidermist; and

(47)

Television/movie studio.

(c)

Conditional uses. The following conditional uses shall be allowed in the C-C zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Adult day care facility;

(2)

Animal hospital, kennel (commercial or noncommercial), and/or veterinary clinic;

(3)

Automobile service station, including, gasoline sales and/or inside or outside emission testing, in conjunction with a convenience store;

(4)

Care home, convalescent center, and/or nursing home;

(5)

Church and/or other place of worship;

(6)

College and/or university, including, but not limited to: classrooms, administration, housing, athletic fields, gymnasium, and/or stadium;

(7)

Commercial driving range and related accessories;

(8)

Child care facility;

(9)

Dry cleaning plant;

(10)

Golf course (minimum 18-hole regulation) and related accessories;

(11)

Home occupation;

(12)

Hospital;

(13)

Kennel (see animal hospital, kennel (commercial or noncommercial), and/or veterinary clinic);

(14)

Laundromat, self-service or otherwise;

(15)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and/or stadium;

(16)

Religious tent meeting;

(17)

Seasonal sales, outdoor;

(18)

Single-family residence and residential accessory structures and/or uses (see article III of this chapter); and

(19)

Temporary tent sales.

(20)

Vehicle/boat sales.

(d)

Dimensional requirements. The minimum dimensional requirements in the C-C zoning district shall be as follows:

(1)

Lot area:

Where a central water distribution system is provided: 43,560 square feet (one acre).

Where central sanitary sewage and central water distribution systems are provided: 21,780 square feet (one-half acre).

(2)

Lot width: 125 feet.

(3)

Front yard setback:

Major thoroughfare:

Arterial: 75 feet.

Collector: 70 feet.

Minor thoroughfare: 65 feet.

(4)

Rear yard setback: 15 feet.

(5)

Side yard setback: 15 feet.

(6)

(7)

Height limit: 35 feet.

(8)

Screening dimensions for parking and service areas as provided in article III of this chapter and chapter 104.

(9)

Lot coverage limit, including structure and parking area: 60 percent of total lot area.

Sec. 110-144. - C-H, Highway Commercial District.

(a)

(b)

Permitted uses. The following uses shall be permitted in the C-H zoning district:

(1)

Ambulance service, including non-emergency medical transport service;

(2)

Amusement or recreational facility, indoor or outdoor;

(3)

Appliance sales, installation and/or repair;

(4)

Armories, for meetings and training military organizations;

(5)

Art studio;

(6)

Auto/vehicle repair. All service, repairs and diagnostics, with the exception of emissions testing, shall be conducted within an enclosed building;

(7)

Bakery;

(8)

Bank and/or financial institution;

(9)

Banquet hall/event facility;

(10)

Bookbinding;

(11)

(12)

Bus passenger station (pick-up and drop-off only);

(13)

Cabinet manufacturing, sales, repair and/or installation;

(14)

Car wash and/or detailing facility;

(15)

Catering service;

(16)

Church and/or other place of worship excluding outdoor recreation, parsonage, and cemetery or mausoleum;

(17)

Clothing store and/or variety store;

(18)

College and/or university, including classrooms and/or administration only;

(19)

Copy shop;

(20)

Cultural facility;

(21)

Day spa;

(22)

Department store;

(23)

Drug store;

(24)

(25)

Electronic sales and/or repair;

(26)

Emission testing facility (inside only);

(27)

Engraving;

(28)

Firearm sales and/or gunsmith;

(29)

Flea market, indoor;

(30)

Florist shop;

(31)

Freezer locker service, ice storage;

(32)

Freight express office;

(33)

Funeral establishment (where funeral services, excluding a crematorium, may be provided);

(34)

Gift shop;

(35)

Glass sales;

(36)

Grocery store;

(37)

Hardware store;

(38)

Health club and/or fitness center;

(39)

Hotel;

(40)

Jewelry shop;

(41)

Laboratory serving professional requirements, (e.g., medical, dental, etc.);

(42)

Library;

(43)

Magazine publication and/or distribution;

(44)

Manufactured home and/or building sales;

(45)

Medical/dental office (human treatment);

(46)

Messenger/courier service;

(47)

Military recruiting office;

(48)

Movie theatre and/or drive-in;

(49)

Museum;

(50)

Music teaching studio;

(51)

Newspaper publication and/or distribution;

(52)

Office;

(53)

Office equipment sales and/or service;

(54)

Parking garage/lot;

(55)

Pawn shops;

(56)

(57)

Pest control;

(58)

Plant nursery, growing crops/garden, and/or related sales;

(59)

Printing, graphics, and/or reproductions;

(60)

Private clubs and/or lodges;

(61)

Private school, including classrooms and/or administration only;

(62)

Recording studio (audio and video);

(63)

Radio studio;

(64)

Railroad station;

(65)

Rent-alls;

(66)

Restaurant, including drive-in and/or drive-through;

(67)

Retail establishment;

(68)

Smoking lounge (subject to state and local tobacco sales and smoking laws);

(69)

Tattoo parlor;

(70)

Taxidermist;

(71)

Taxi service/limousine service/shuttle service (no on-site maintenance and/or repair);

(72)

Television/movie studio;

(73)

Upholstery shop; and

(74)

Utility trailers sales and/or rental.

(c)

Conditional uses. The following conditional uses shall be allowed in the C-H zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Adult day care facility;

(2)

Amphitheater;

(3)

Animal hospital, kennel (commercial or noncommercial), and/or veterinary clinic;

(4)

Automobile service station, including gasoline sales and/or inside or outside emission testing, in conjunction with a convenience store;

(5)

Campground facilities;

(6)

Care home, convalescent center, and/or nursing home;

(7)

Cemetery;

(8)

Charter motor coach service;

(9)

Church and/or other place of worship;

(10)

College and/or university, including, but not limited to: classrooms, administration, housing, athletic fields, gymnasium, and/or stadium;

(11)

Commercial driving range and related accessories;

(12)

Child care facility;

(13)

Dry cleaning plant;

(14)

Experimental laboratory;

(15)

Golf course (minimum 18-hole regulation) and related accessories;

(16)

Home occupation;

(17)

Horse show, rodeo, carnival, and/or community fair;

(18)

Hospital;

(19)

Laundromat, self-service or otherwise;

(20)

Outdoor amusement facilities, rides, structures over 35 feet in height, including, but not limited to bungee and parachute jumping;

(21)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and/or stadium;

(22)

Religious tent meeting;

(23)

Seasonal sales, outdoor;

(24)

Self-storage facility (external and/or internal access);

(25)

Single-family residence and residential accessory structures and/or uses (see article III of this chapter);

(26)

Shooting range, indoor;

(27)

Stadium, athletic; and

(28)

Temporary tent sales.

(29)

Vehicle/boat sales.

(d)

Dimensional requirements. The minimum dimensional requirements in the C-H zoning district shall be as follows:

(1)

Lot area:

Where a central water distribution system is provided: 43,560 square feet (one acre).

Where central sanitary sewage and central water distribution systems are provided: 21,780 square feet (one-half acre).

(2)

Lot width: 125 feet.

(3)

Front yard setback:

Major thoroughfare:

Arterial: 75 feet.

Collector: 70 feet.

Minor thoroughfare: 65 feet.

(4)

Rear yard setback: 15 feet.

(5)

Side yard setback: 15 feet.

(6)

(7)

Height limit: 35 feet.

(8)

Screening dimensions for parking and service areas as provided in article III of this chapter and chapter 104.

(9)

Lot coverage limit, including structure and parking area: 60 percent of total lot area.

Sec. 110-145. - L-C-1, Limited-Commercial (1) District.

(a)

(b)

Permitted principal uses. The following permitted principal uses shall be allowed in the L-C-1 zoning district:

(1)

Antique shop, vintage store, thrift/second hand store, consignment store;

(2)

Art and/or crafts studio;

(3)

Bakery;

(4)

Bank and/or financial institution such as a brokerage firm, credit union, financial planning, or mortgage brokerage (no pay-day loan, check cashing or pawn establishments);

(5)

Book store:

(6)

Card, gift, and/or stationery shop;

(7)

Cellular phone sales and service;

(8)

Clothing and/or accessories such as belts and suspenders, boots and shoes, gloves, hats, jewelry, purses and handbags, ties, scarves, shawls, socks, and stockings, umbrellas, or watches;

(9)

(10)

Florist shop;

(11)

Hardware store;

(12)

Home furnishings and accessories such as area rugs, decorative items, cutlery, dishware, glassware, lamps, pictures, pillows and tablecloths;

(13)

Jewelry shop;

(14)

Mail services store;

(15)

Medical/dental office (human treatment);

(16)

Office (business and/or professional);

(17)

(18)

Restaurant/restaurant takeout and catering.

(c)

Conditional uses. The following conditional uses shall be allowed in the L-C-1 zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Single-family residence and residential accessory structures and uses (see article III of this chapter); and

(2)

Home occupation.

(d)

Regulations. The following regulations shall apply to the L-C-1 zoning district in addition to any other applicable regulations.

(1)

(2)

No outside storage will be permitted.

(3)

The lot shall have direct access to an arterial street.

(4)

No drive-through, drive-in, or drive-up facilities allowed.

(e)

Dimensional requirements. The minimum dimensional requirements in the L-C-1 zoning district shall be as follows:

(1)

Lot area:

Where public water is available: 43,560 square feet (one acre).

Where public water is not available: 65.340 square feet (one and one-half acres).

(2)

Lot width: 125 feet.

(3)

Front yard setback:

Major thoroughfare:

Arterial: 75 feet.

Collector: 60 feet.

Minor thoroughfare: 55 feet.

(4)

Rear yard setback: 15 feet.

(5)

Side yard setback: 15 feet.

(6)

Height limit: 35 feet.

(7)

(8)

(9)

Lot coverage limit, including structure and parking area: 60 percent of the total lot area.

(Code 1992, § 20-6-21; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2016-15, § 2, 7-28-2016; Ord. No. 2018-03, § 13, 9-22-2018)

Sec. 110-145.5. - L-C-2, limited-commercial (2) district.

(a)

(b)

Permitted principal uses. The following permitted principal uses shall be allowed in the L-C-2 zoning district:

(1)

Antique shop, vintage store, thrift/second hand store, consignment store;

(2)

Art and/or crafts studio;

(3)

Bakery;

(4)

Bank and/or financial institution such as a brokerage firm, credit union, financial planning, or mortgage brokerage (no pay day loan, check cashing or pawn establishments);

(5)

Book store;

(6)

Card, gift, and/or stationery shop;

(7)

Cellular phone sales and service;

(8)

Clothing and/or accessories such as belts and suspenders, boots and shoes, gloves, hats, jewelry, purses and handbags, ties, scarves, shawls, socks, and stockings, umbrellas, or watches;

(9)

Copy and/or print shop;

(10)

(11)

Florist shop;

(12)

Hardware store;

(13)

Home furnishings and accessories such as area rugs, decorative items, cutlery, dishware, glassware, lamps, pictures, pillows and tablecloths;

(14)

Jewelry shop;

(15)

Mail services store;

(16)

Medical/dental office (human treatment);

(17)

Office (business and/or professional);

(18)

(19)

Restaurant/restaurant takeout and catering.

(c)

Conditional uses. The following conditional uses shall be allowed in the L-C-2 zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Convenience commercial establishment;

(2)

Single-family residence and residential accessory structures and uses (see article III of this chapter); and

(3)

Home occupation.

(d)

Regulations. The following regulations shall apply to the L-C-2 zoning district in addition to any other applicable regulations.

(1)

(2)

No outside storage will be permitted.

(3)

The lot shall have direct access to an arterial street.

(4)

No drive-through, drive-in, or drive-up facilities allowed.

(e)

Dimensional requirements. The minimum dimensional requirements in the L-C-2 zoning district shall be as follows:

(1)

Lot area:

Where public water is available: 43,560 square feet (one acre).

Where public water is not available: 65,340 square feet (one and one-half acres).

(2)

Lot width: 125 feet.

(3)

Front yard setback:

Major thoroughfare:

Arterial: 75 feet.

Collector: 60 feet.

Minor thoroughfare: 55 feet.

(4)

Rear yard setback: 15 feet.

(5)

Side yard setback: 15 feet.

(6)

Height limit: 35 feet.

(7)

(8)

(9)

Lot coverage limit, including structure and parking area: 60 percent of the total lot area.

(Ord. No. 2016-15, § 3, 7-28-2016; Ord. No. 2018-03, § 13, 9-22-2018)

Sec. 110-146. - M-1, Light Industrial District.

(a)

(b)

Permitted uses. The following permitted uses shall be allowed in the M-1 zoning district:

(1)

Ambulance service, including non-emergency medical transport service;

(2)

Amusement and recreational facilities, indoor or outdoor (athletic/sports instruction facilities and recreation and athletic fields and facilities);

(3)

Appliance sales and/or repair;

(4)

Architectural and/or design firms;

(5)

Armories, for meeting and training of military organizations;

(6)

Blueprinting and/or graphics service;

(7)

Bookbinding;

(8)

Building construction/contracting and related activities;

(9)

Building supply sales;

(10)

Bus passenger station;

(11)

Cabinet manufacturing, sales, repair, and/or installation;

(12)

Carwash and/or detailing facility;

(13)

Charter motor coach service;

(14)

Copy shop;

(15)

Dental laboratory;

(16)

Delivery and/or courier service;

(17)

Electronic sales and/or repair;

(18)

Emission testing facility (inside only);

(19)

Engineering firms;

(20)

Engraving;

(21)

Farmer's market;

(22)

Feed and/or fertilizer sales;

(23)

Firearm sales and/or gunsmith;

(24)

Flooring sales and/or installation;

(25)

Freezer locker service;

(26)

Freight express office;

(27)

Furniture store;

(28)

Glass sales;

(29)

Grading service;

(30)

Greenhouse;

(31)

Home furnishings and accessories;

(32)

Horse show and equine activity facilities;

(33)

Ice storage;

(34)

Insecticide sales and/or storage;

(35)

Janitorial service and/or supply;

(36)

Land development firms;

(37)

Land surveying service;

(38)

Landscaping service;

(39)

Light manufacturing, including the following:

Appliance and/or electronic device assembly plant, including the manufacturing of parts for appliances and/or electronic devices;

Assembly of products from previously prepared materials;

Bottling and/or canning plant;

Ceramic products, provided that kilns shall only be by gas and/or electricity;

Construction of signs, including painted signs;

Cooperage;

Ice manufacturing;

Laundry, cleaning and/or dying plants;

Light sheet metal products such as ventilating ducts and eaves;

Manufacturing of food, cosmetic and pharmaceutical products, but not including fish and meat products, sauerkraut, vinegar, yeast and rendering plants;

Machine/welding shop and related activities;

Other manufacturing, processing, packaging, or handling of a similar nature which shall not emit or produce more smoke, noise, odor, dust, vibration, or fumes than the uses listed herein;

Production and/or sales of commercial/industrial hardware, such as tools, fasteners, fittings, machine parts, etc.;

Tinsmith and/or roofing service;

Concrete, gravel and/or mulch production and/or distribution;

(40)

Locksmith;

(41)

Magazine publication and/or distribution;

(42)

Medical laboratory;

(43)

Manufactured home and/or building assembly and/or sales;

(44)

Newspaper publication and/or distribution;

(45)

Office equipment service and repair;

(46)

Parking garage/lot;

(47)

Pest control;

(48)

Petroleum bulk plant (storage);

(49)

Photostating;

(50)

Planing and/or saw mill;

(51)

Plant nursery, growing crops/garden and related sales;

(52)

Printing plant;

(53)

Radio studio;

(54)

Railroad freight station;

(55)

Railroad passenger station;

(56)

Rent-alls;

(57)

Restaurants (drive-in/drive-through prohibited);

(58)

Restaurant supply;

(59)

Rodeo/rodeo facilities;

(60)

Seed sales and/or storage;

(61)

Security system service;

(62)

Shell home display;

(63)

Solar farm;

(64)

Taxidermist;

(65)

Taxi service/limousine service/shuttle service/charter motor coach service;

(66)

Television/movie studio/media productions;

(67)

Tire sales;

(68)

Trade school;

(69)

Uniform services;

(70)

Utility trailer sales and/or rentals;

(71)

Warehousing and/or distribution;

(72)

Wholesaling;

(73)

Wrecker, towing, impoundment, and/or automotive recovery/transport; and

(74)

Vehicle/boat sales and repairs, paint and/or body shop, parts store including rebuilding of parts, parking lot or garage, upholstery shop.

(c)

Conditional uses. The following conditional uses shall be allowed in the M-1 zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Aircraft landing area;

(2)

Amphitheatre;

(3)

Animal hospital, kennel (commercial or noncommercial), and/or veterinary clinic;

(4)

Experimental labs;

(5)

Feed lot and/or commercial barn;

(6)

Home occupation;

(7)

Outdoor amusement facilities, rides, structures over 35 feet in height, including, but not limited to, bungee and parachute jumping;

(8)

Recycling facility;

(9)

Self-storage facility (external and/or internal access);

(10)

Shooting range, indoor;

(11)

Shooting range, outdoor;

(12)

Single-family residence and residential accessory structures and uses (see article III of this chapter);

(13)

Stadium, athletic; and

(14)

Wind farm.

(d)

Dimensional requirements. The minimum dimensional requirements in the M-1 zoning district shall be as follows:

(1)

Lot area:

Where a central water distribution system is provided: 43,560 square feet (one acre).

Where central sanitary sewage and central water distribution systems are provided: 21,780 square feet (one-half acre).

(2)

Lot width: 125 feet.

(3)

Front yard setback:

Major thoroughfare:

Arterial: 100 feet.

Collector: 80 feet.

Minor thoroughfare: 65 feet.

(4)

Rear yard setback: 25 feet.

(5)

Side yard setback: 25 feet.

(6)

(7)

Height limit: 50 feet.

(8)

Lot coverage limit, including structure and parking area: 70 percent of total lot area.

(9)

Screening dimensions for storage areas, loading docks and parking (see article III of this chapter and chapter 104).

Sec. 110-147. - M-2, Manufacturing and Heavy Industrial District.

(a)

(b)

Permitted uses. The following permitted uses shall be allowed in the M-2 zoning district:

(1)

Acid storage and manufacture;

(2)

Railroad classification and repair yard;

(3)

Truck terminal;

(4)

Ambulance service, including non-emergency medical transport service;

(5)

Armories, for meeting and training of military organizations;

(6)

Bookbinding;

(7)

Building construction/contracting and related activities;

(8)

Building supply sales;

(9)

Engraving;

(10)

Feed, pesticides, and/or fertilizer sales and/or storage;

(11)

Freezer locker service;

(12)

Freight express office;

(13)

Glass manufacturing;

(14)

Grading service;

(15)

Greenhouse;

(16)

Ice storage;

(17)

Light manufacturing, including the following:

Appliance and/or electronic device assembly plant, including the manufacturing of parts for appliances and/or electronic devices;

Assembly of products from previously prepared materials;

Bottling and/or canning plant;

Ceramic products provided that kilns shall only be by gas and/or electricity;

Construction of signs, including painted signs;

Cooperage;

Ice manufacturing;

Laundry, cleaning and/or dying plants;

Light sheet metal products such as ventilating ducts and eaves;

Manufacturing of food, cosmetic and pharmaceutical products, but not including fish and meat products, sauerkraut, vinegar, yeast and rendering plants;

Machine and/or welding shop and related activities;

Other manufacturing, processing, packaging, or handling of a similar nature, which shall not emit or produce more smoke, noise, odor, dust, vibration, or fumes than the uses listed herein;

Production and/or sales of commercial/industrial hardware, such as tools, fasteners, fittings, machine parts, etc.; and

Tinsmith and/or roofing service.

(18)

Magazine publication and/or distribution;

(19)

Manufactured home and/or building assembly and/or sales;

(20)

Newspaper publication and distribution;

(21)

Parking lot and/or garage;

(22)

Pest control;

(23)

Petroleum bulk plant (storage and/or recycling);

(24)

Photostating;

(25)

Planing and/or saw mill;

(26)

Plant nursery, growing crops/garden and related sales;

(27)

Printing plant;

(28)

Public utility facilities;

(29)

Railroad freight station;

(30)

Seed sales and/or storage;

(31)

Solar farm;

(32)

Tire recapping;

(33)

Warehousing and/or distribution;

(34)

Wholesaling;

(35)

Wrecker, towing, impoundment, and/or automotive recovery/transport; and

(36)

Vehicle/boat sales and repairs, paint and/or body shop, parts store including rebuilding of parts, parking lot or garage, upholstery shop.

(c)

Conditional uses. The following conditional uses shall be allowed in the M-2 zoning district, provided that all conditions specified in article V of this chapter are met:

(1)

Aircraft landing area;

(2)

Experimental lab;

(3)

Heavy manufacturing, packaging, processing or handling of materials;

(4)

Home occupation;

(5)

Junkyard and/or auto graveyard;

(6)

Landfill;

(7)

Mining and/or quarrying;

(8)

Single-family residence and residential accessory structures and uses (see article III of this chapter);

(9)

Transfer station for household/commercial garbage and/or recyclable materials (including processing and handling); and

(10)

Wind farm.

(d)

Dimensional requirements. The minimum dimensional requirements in the M-2 zoning district shall be as follows:

(1)

Lot area: 87,120 square feet (two acres).

(2)

Lot width: 125 feet.

(3)

Front yard setback:

Major thoroughfare:

Arterial: 100 feet.

Collector: 80 feet.

Minor thoroughfare: 65 feet.

(4)

Rear yard setback: 25 feet.

(5)

Side yard setback: 25 feet.

(6)

(7)

Height limit: 50 feet.

(8)

Lot coverage limit, including structure and parking area: 70 percent of total lot area.

(9)

Screening dimensions for storage areas, loading docks, and parking (see article III of this chapter and chapter 104).

(Code 1992, § 20-6-23; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2013-20, § 4, 11-14-2013; Ord. No. 2018-03, § 13, 9-22-2018; Ord. No. 2021-09, § 6, 5-27-2021)

Sec. 110-148. - BTP, Business Technology Park District.

(a)

(b)

Permitted uses. The following permitted uses shall be allowed in the BTP zoning district:

(1)

Business, professional, and/or government offices;

(2)

Scientific, medical, and/or research laboratories;

(3)

Business support centers and/or call centers;

(4)

Financial, credit, real estate, and/or insurance establishments;

(5)

Publishing and/or printing;

(6)

Computer services and/or information technology;

(7)

Television/radio broadcasting studio, movie/media productions and/or telecommunication;

(8)

Training center, trade school, and/or vocational center;

(9)

Educational/instructional/tutoring facilities, including, but not limited to: art; computer; dance; driving and/or DUI; martial arts; music; professional/business/trade; and similar facilities;

(10)

College and/or university, classrooms and/or administration only;

(11)

Warehousing, wholesaling and/or distribution of products and/or merchandise, but not including, retail sales of consumer goods such as are usually sold to the general public;

(12)

Shipping and/or courier service; and

(13)

Light manufacturing and/or fabricating and/or assembling of products, including, but not limited to, the following:

Production of food, beverages, cosmetics, and/or pharmaceuticals, but not including, fish and meat products, sauerkraut, vinegar, yeast, and rendering plants;

Fabrication and assembly of metal, wood, cloth, and/or plastic products; and

Production of computer and/or electronic components and products.

(c)

Conditional uses. The following conditional uses shall be allowed in the BTP zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Single-family residence and residential accessory structures and uses (see article III of this chapter);

(2)

Home occupation; and

(3)

College and/or university, including, but not limited to: classrooms, administration, housing, athletic fields, gymnasium, and stadium.

(d)

Dimensional requirements. The minimum dimensional requirements in the BTP shall be as follows:

(1)

Minimum site area for a BTP development: 20 acres.

(2)

Lot area: 87,120 square feet (two acres).

(3)

Lot width: 150 feet.

(4)

Front yard setback:

Major thoroughfare:

Major arterial: 100 feet.

Arterial: 100 feet.

Collector: 80 feet.

Minor thoroughfare: 65 feet.

(5)

Rear yard setback: 25 feet.

(6)

Side yard setback: 25 feet.

(7)

(8)

Height limit: 40 feet.

(9)

Lot coverage limit, including structure and parking area: 70 percent of total lot area.

(10)

Outside storage of merchandise, equipment, and parts shall be allowed in rear yards only, subject to screening, setback and buffer requirements.

All refuse areas shall be allowed in side or rear yards only, shall be screened, and comply with the required buffers and setbacks.

(11)

Each BTP development shall have a minimum of 500 feet of frontage, and access, on an arterial street as specified by the county thoroughfare plan.

(e)

Other requirements.

(1)

Utilities. All utilities shall be underground.

(2)

Multi-tenant buildings.

Location. Developable frontage on a major arterial road to a minimum depth of 300 feet shall be reserved for multi-tenant buildings.

Uses limited. Multi-tenant buildings in this area will be limited to the aforementioned business uses.

Restaurant/restaurant take-out (no drive-through, drive-in, or freestanding facilities shall be allowed);

Convenience store (no gasoline sales);

Blueprinting, graphic, and/or copying service;

Office and/or computer supplies; and

Cellular phone/communication device supplies and/or service.

(f)

Rezoning requirements. The following is required for a rezoning petition for the BTP zoning district in addition to what is normally required for a rezoning petition:

(1)

A delineation of the business use area and the light manufacturing/distribution use area, including the acreage within each area and the 30-foot separation buffer;

A delineation of the internal transportation network, including roads, multi-use paths, and inter-parcel access/roads as applicable;

Requirements of any overlay zone which is applicable to the property; and

Indicate and label existing structures to remain.

(Code 1992, § 20-6-24; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2012-14, § 5, 12-13-2012; Ord. No. 2018-03, § 13, 9-22-2018)

Sec. 110-149. - Planned unit development.

(a)

Purpose. The intent of this section is to:

(1)

(2)

Encourage flexible and creative concepts in site planning;

(3)

Preserve the natural amenities of the land by encouraging scenic and functional open spaces;

(4)

Accomplish a more desirable environment than would be possible through the strict application of minimum requirements of this chapter;

(5)

Provide for an efficient use of land resulting in smaller networks of utilities and streets and thereby lower development and housing costs; and

(6)

Provide an environment of stable character compatible with surrounding areas.

(b)

Development standards. Each planned unit development shall meet the following standards in addition to any other as hereinafter set forth:

(1)

The development shall utilize creative and flexible design including, but not limited to: varied lot sizes, amenities, mixed uses, etc.;

(2)

The development shall be compatible with surrounding uses and with the land use plan of the county; and

(3)

(c)

(1)

Procedures. The following procedures shall be followed in the establishment of each and every planned unit development:

Development plan. The following information shall be submitted as the development plan:

General location map;

Current topographical map clearly showing existing topographic conditions, including contour intervals of no more than 20 feet based on field survey or photogrammetric methods;

Map showing the existing floodplains and flood soil as indicated by FEMA;

Legal description of the subject property;

Elevations of building types for all nonresidential structures which indicate the proposed general architectural style and appearance; and

If a proposed development creates special problems or involves unusual circumstances, additional information may be required in order to properly evaluate the proposal as follows:

(i)

Off-street parking and loading plan;

(ii)

Economic feasibility report or market analysis;

(iii)

Area traffic study and circulation plan within the development and to and from existing thoroughfares;

(iv)

Hydraulic, hydrologic; and drainage engineering studies;

(v)

Environmentally sensitive areas, including, but not limited to: watershed protection, wetlands, or groundwater recharge, impact study;

(vi)

Summary of intent. The written statement submitted with the development plan shall include the following information:

Statement of the present ownership of all land within the proposed development;

General statement of the proposed development schedule and progression of unit development or staging; and

Approval.

Subdivision approval.

In no case shall final subdivision approval precede the approval of the development plan.

Site development regulations, specifications, and procedures governing the platting of a planned unit development and plat approval shall be in accordance with chapter 104, article XV.

(d)

Planned residential development.

(1)

(2)

(3)

Permitted recreational uses. A list of proposed recreational uses shall be submitted with the summary of intent. Only those uses approved through the rezoning process shall be allowed in the PRD.

(4)

Permitted incidental uses. The following incidental uses shall be allowed in a PRD:

Day care facility (including an outdoor play area only);

Church and/or other place of worship (including a parsonage and outdoor play area only); and

School, private (including an outdoor play area but excluding housing or a stadium).

The buffers and setbacks for these uses along the exterior boundary of the PRD shall be consistent with the applicable conditional use requirements listed in article V of this chapter.

(5)

Conditional uses. The following conditional uses shall be allowed in the PRD zoning district, provided that all conditions specified in article V of this chapter are met:

Home occupation; and

Horse quarters (see article III of this chapter).

(6)

Minimum dimensional and other requirements. The minimum dimensional requirements in the PRD shall be as follows:

Development size: 100 contiguous acres located within the A-R and/or residential zoning districts

Each single-family dwelling shall be placed on a separate lot.

Side yard setback: 15 feet.

Rear yard setback: 30 feet.

(7)

Common open space requirements. Planned residential developments shall meet the following common open space requirements:

Approved recreational uses may be located in the open space.

(8)

(e)

Planned industrial park.

(1)

(2)

(3)

Minimum dimensional and other requirements. The minimum requirements for a PIP shall be as follows:

Location: M-1 or M-2 Zoning District.

The development shall have access and egress only to an arterial thoroughfare.

Development size: ten acres.

Front, side, and rear yard setbacks along the exterior boundaries of the development shall be consistent with either the M-1 or M-2 zoning district, whichever is applicable.

Height limit: 35 feet.

A buffer of 75 feet shall be provided around the periphery of the development.

(f)

Planned retreat and/or lodge.

(1)

(2)

Permitted uses. The following uses may be proposed in a PRL:

Assembly/meeting facilities (indoor and outdoor);

Dining facilities;

Lodges, dormitories, cabins, and/or tent campsites for temporary occupancy;

Recreational facilities, including, but not limited to: recreational courts/fields, playgrounds, picnic pavilions, swimming pools;

Caretaker and/or staff housing; and

Solar farm (limited to a net metered facility only), provided that any inoperative equipment is repaired or disposed of in a reasonable time and manner.

(3)

Minimum dimensional and other requirements. The minimum requirements for a PRL shall be as follows:

Location: A-R zoning district.

Development size: 50 contiguous acres.

Maximum density: One single-family unit for each ten net acres of the development.

The proposed site shall be permitted only on a lot which fronts on and accesses a major thoroughfare, as specified by the county thoroughfare plan.

A site plan will be required prior to the construction of structures and/or recreational facilities, as applicable, per chapter 104.

Each structure whose purpose is to provide lodging shall have paved access to a public street. Said access shall meet the requirements of chapter 104.

No structure shall be permitted within 150 feet of the right-of-way (existing or required) of any existing street abutting or bisecting the development.

Height limit: 35 feet.

(g)

Planned entertainment farming.

(1)

(2)

Permitted uses. The following permitted uses shall be allowed in a PEF:

Single-family dwelling and accessory uses and structures associated with the single-family dwelling exclusively as per article III of this chapter;

Farm buildings (shall be bona fide structures related to the farming operation);

Growing of crops;

Raising and selling livestock;

Dairy farm and production;

Greenhouses and shrubbery sales;

Farmer's market (limited to sales of crops grown on premises by owner of property);

Pick-your-own produce;

Processing of agricultural products (shall meet conditional use requirements per the A-R zoning district);

Horse stables and horseback riding;

Horse show (by permit, temporary, 14 days per year);

Rodeo (by permit, temporary, 14 days per year);

Petting zoo;

Educational tours;

Picnic area;

Sit-down restaurant, banquet facility, bakery and catering (no drive-through, and selling of alcoholic beverages, shall be prohibited) (minimum seating capacity of 50 persons);

Gift shop in association with restaurant only; and

Pay fishing and bait sales in association with pay fishing.

(3)

Conditional uses. The following conditional use shall be allowed in the PUD PEF zoning district provided that all conditions specified in article V of this chapter are met: home occupation.

(4)

Minimum dimensional and other requirements. The minimum requirements for PEF shall be as follows:

Location: A-R zoning district.

Development size: 100 contiguous acres.

Single-family dwellings and those accessory uses and structures associated with the single-family dwelling shall meet those requirements established within the A-R zoning district.

All other nonresidential structures shall meet the following setbacks:

Front yard: 200 feet.

Rear yard: 100 feet.

Side yard: 100 feet.

A site plan is required indicating the location of all structures/activities per chapter 104.

All parking and access areas shall be paved and landscaped per chapter 104.

All service areas shall be screened per article III of this chapter.

All parking and service areas shall be to the rear of any restaurant building.

Only structures whose principal purpose is for the storage of farm equipment and/or animals may have a metal facade. All other structures shall have a non-metallic facade.

Shall comply with all county, (including fire marshal), state and federal requirements.

(h)

Planned outdoor recreation.

(1)

(2)

Permitted uses. The following permitted uses shall be allowed in a POR:

Outdoor athletic fields;

Outdoor athletic courts;

Accessory uses:

Picnic and playground areas;

Concession facilities;

Press box facilities;

Restroom facilities;

Maintenance and/or equipment facilities;

Ticket sales facilities;

Bleachers;

Dugouts;

Lights; and

10.

Scoreboards.

(3)

Prohibited uses. The following uses shall be prohibited in a POR:

Motorized or other wheeled vehicle sports;

Swimming pools and water related activities;

Archery;

Firearms and target range;

Explosives and fireworks;

Paintball and similar activities; and

Amusement park activities and rides.

(4)

Minimum dimensional and other requirements. The minimum requirements for a POR shall be as follows:

Development size; 50 contiguous acres.

The development shall have ingress and egress only to an arterial thoroughfare as designated by the county thoroughfare plan.

Maximum number of outdoor athletic fields and/or courts: eight.

Setbacks:

No permitted uses shall be allowed within 100 feet of the right-of-way.

No permitted uses shall be allowed within 500 feet from any A-R or residential zoning district.

No permitted uses shall be allowed within 50 feet from any nonresidential zoning district.

A buffer of 100 feet plus the required setbacks shall separate all permitted uses from any A-R or residential zoning district. Off-street parking areas may be located within the setback areas.

Landscaping and buffer areas shall be planted in accordance with chapter 104.

Paved access and paved parking shall be provided as follows:

40 spaces per outdoor athletic field; and

Ten spaces per outdoor athletic court.

Hours of operation are to be determined at the time of development plan approval. No play permitted after 10:00 p.m.

Adequate trash receptacles and grounds maintenance shall be provided to maintain a litter-free recreation area. Dumpsters shall be screened on all sides.

Outside loudspeaker system use permitted until 10:00 p.m.

Height limit: 35 feet, with the exception of lights.

(i)

Planned small business center.

(1)

(2)

(3)

Minimum dimensional and other requirements.

Minimum lot size: minimum often acres.

The proposed site shall be permitted only on a lot which fronts on and accesses a major thoroughfare, as specified by the county thoroughfare plan.

Front, side, and rear yard setbacks and buffers along the exterior boundaries of the development shall be consistent with either the O-I, C-C, C-H, or M-1 zoning district, as applicable to the use.

Location: only those areas indicated in the county Comprehensive Plan shall be given consideration for PUD-PSBC.

Height limit: 35 feet.

(j)

Planned residential and business development (PRBD).

(1)

(2)

(3)

(4)

(5)

Minimum dimensional and other requirements in the PRBD shall be as follows:

Development size: 75 contiguous acres.

The proposed development shall be permitted only on a lot which fronts on and accesses a major thoroughfare, as specified by the county thoroughfare plan.

A minimum buffer of 100 feet shall be provided around the side and rear periphery of the development (see Sec. 110-94).

Minimum lot size: 15 acres.

Minimum lot width: 250 feet.

Front yard setback: 75 feet.

Side yard setback: 50 feet (except where the 100 foot buffer is applicable).

Rear yard setback: 75 feet (except where the 100 foot buffer is applicable).

New single-family dwelling minimum floor area: 2,100 square feet.

Height limit: 35 feet.

Lights shall be established in such a way that adjacent properties and residents are not adversely affected, and that no direct light is cast upon said properties and residents.

The operator of the business shall be one of the following:

The business operator is the owner/occupant of the property and the business is not owned by a corporation or partnership; or

The property and business is owned by a corporation or partnership in which case the operator/occupant shall be an officer of the corporation or a partner in the case of a partnership.

No more than five (5) persons shall be employed on-site by a business, not including the owner/occupants.

All vehicles associated with the business must be parked in the rear yard only.

The hours of operation, in the context of clients/customers shall be limited to 9:00 a.m. to 5:00 p.m., Monday through Saturday.

(i)

Exterior and interior parking aisles shall be terminated at both ends by a landscape island.

(ii)

Landscape islands shall be provided for each 150 feet of continuous parking length.

(iii)

One (1) canopy tree, six (6) feet high at planting, is required per landscape island.

Paved parking areas shall meet the nonresidential development landscape requirements of the Fayette County Development Regulations.

Signage on individual lots shall be regulated under Sec. 108-135(a). Signage located at the entrance of a subdivision served by an internal local road shall be regulated under Sec. 108-135(b).

(Code 1992, § 20-6-25; Ord. of 8-25-2011; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2016-11, § 1, 5-26-2016; Ord. No. 2017-03, § 1, 10-26-2017; Ord. No. 2018-03, § 14, 9-22-2018)

Sec. 110-150. - G-B, General-Business District.

(a)

(b)

Permitted uses. The following permitted uses shall be allowed in the G-B zoning district:

(1)

Auction house (indoor only);

(2)

Banquet hall and/or catering service;

(3)

Business, professional, and/or government offices;

(4)

Business support centers and/or call centers;

(5)

College and/or university, classrooms and/or administration only;

(6)

Computer data services and/or information technology;

(7)

Educational/instructional/tutoring facilities, including, but not limited to: art; computer; dance; driving and/or DUI; martial arts; music; professional/business/trade; and similar facilities;

(8)

Financial, credit, real estate, and/or insurance establishments (excluding retail banking facilities or pawn establishments);

(9)

Health club, fitness center, and/or indoor athletic facility (excluding bowling alleys, pool rooms and skating rinks);

(10)

Medical supply and equipment sales;

(11)

Printing, graphic, blue printing, photography lab, and/or reproduction service;

(12)

Private school, including, classrooms and/or administration only;

(13)

Publishing and distribution;

(14)

Restaurant supply;

(15)

Scientific, medical/dental, and/or research laboratories;

(16)

(17)

Training center, trade school, and/or vocational centers.

(c)

Conditional uses. The following conditional uses shall be allowed in the G-B zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Single-family residence and residential accessory structures and uses (see article III of this chapter);

(2)

Home occupation;

(3)

College and/or university, including, but not limited to: classrooms, administration, housing, athletic fields, gymnasium, and stadium;

(4)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and/or stadium; and

(5)

Self-storage facility (external and/or internal access).

(d)

Dimensional requirements. The minimum dimensional requirements in the G-B shall be as follows:

(1)

Lot area:

Where public water is available: 43,560 square feet (one acre).

Where public water is not available: 65,340 square feet (1.5 acres).

(2)

Lot width: 125 feet.

(3)

Front yard setback:

Major thoroughfare:

Major arterial: 100 feet.

Arterial: 100 feet.

Collector: 80 feet.

Minor thoroughfare: 65 feet.

(4)

Rear yard setback: 25 feet.

(5)

Side yard setback: 25 feet.

(6)

(7)

Height limit:

40 feet.

The required minimum acreage shall be increased based on building height per the table below:

Height Limit	Required Acreage
50 feet	20—50
55 feet	> 50—75
60 feet	> 75—100
65 feet	> 100

(8)

Lot coverage limit, including structures and parking area: 70 percent of total lot area.

(9)

Outside storage of merchandise, equipment, parts, and business vehicles shall be allowed in side or rear yards only, subject to screening, setback and buffer requirements.

All refuse areas shall be allowed in side or rear yards only, shall be screened, and comply with the required buffers and setbacks.

(Code 1992, § 20-6-26; Ord. No. 2012-14, § 4, 12-13-2012; Ord. No. 2013-05, 7-25-2013; Ord. No. 2018-03, § 13, 9-22-2018; Ord. No. 2021-05, § 3, 3-25-2021)

Fayette County Unincorporated
City Zoning Code

ARTICLE IV

DISTRICT USE REQUIREMENTS

Sec. 110-124.- Purpose.

The purpose of this article is to delineate the uses and requirements of the established zoning districts.

(Code 1992, ch. 20, art. VI; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2013-02, § 3, 4-25-2013)

Sec. 110-125. - A-R, Agricultural-Residential District.

(a)

(b)

Permitted uses. The following permitted uses shall be allowed in the A-R zoning district:

(1)

Single-family dwelling;

(2)

Residential accessory structures and uses (see article III of this chapter);

(3)

Growing of crops and the on-premises sale of produce and agricultural products, provided 50 percent of the produce/products sold shall be grown on-premises;

(4)

Plant nurseries and greenhouses (no sales of related garden supplies);

(5)

Raising of livestock; aquaculture, including pay fishing; apiary (all beehives shall comply with the required setbacks); and the sale thereof; and

(6)

One semi-trailer/box truck utilized as a farm outbuilding, provided the property is a minimum of five acres and the semi-trailer/box truck is only used to store agricultural items.

(c)

(1)

Aircraft landing area;

(2)

Animal hospital, kennel or veterinary clinic;

(3)

A-R bed and breakfast inn;

(4)

A-R wedding/event facility;

(5)

Cemetery;

(6)

Church and/or other place of worship;

(7)

Colleges and university, including, but not limited to: classrooms, administration, housing, athletic fields, gymnasium, and/or stadium;

(8)

Commercial driving range and related accessories;

(9)

Child care facility;

(10)

Deer processing facility.

(11)

Developed residential recreational/amenity areas;

(12)

Farm outbuildings, including horse stables, auxiliary structures, and greenhouses (permanent or temporary);

(13)

Golf course (minimum 18-hole regulation) and related accessories;

(14)

Home occupation;

(15)

Horse show, rodeo, carnival, and/or community fair;

(16)

Hospital;

(17)

Kennel (see animal hospital, kennel, and/or veterinary clinic);

(18)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and stadium;

(19)

Processing, packaging, or handling of perishable agricultural products (i.e. fruits and vegetables) which are grown on premises;

(20)

Recreation centers and similar institutions owned by nonprofit organizations as so registered with the state secretary of state office;

(21)

Religious tent meeting; and

(22)

Shooting range, outdoor.

(d)

Dimensional requirements. The minimum dimensional requirements in the A-R zoning district shall be as follows:

(1)

Lot area: 217,800 square feet (five acres).

(2)

Lot width: 250 feet.

(3)

Floor area: 1,200 square feet.

(4)

Front yard setback:

Major thoroughfare:

Arterial: 100 feet.

Collector: 100 feet.

Minor thoroughfare: 75 feet.

(5)

Rear yard setback: 75 feet.

(6)

Side yard setback: 50 feet.

(7)

35 feet as defined in article III of this chapter.

(e)

Sec. 110-126. - C-S, Conservation Subdivision District.

(a)

(b)

Rezoning requirements. The following is required for a rezoning petition for the conservation subdivision zoning district in addition to what is normally required for a rezoning petition:

(1)

(2)

A delineation of the attributes (see subsection (a) of this section) of the site which will be preserved;

A delineation of the residential area and the conservation area including the acreage within each area;

Uses and improvements planned for the conservation area with the acreage devoted to each; and

Indicate and label existing structures to remain.

(c)

Uses permitted within the residential area of a conservation subdivision. The following permitted uses shall be allowed in the residential area of the C-S zoning district:

(1)

Single-family dwelling; and

(2)

Residential accessory structures and uses (see article III of this chapter).

(d)

(1)

Home occupation;

(2)

Horse quarters; and

(3)

Developed residential recreational/amenity areas.

(e)

Uses permitted within the conservation area of a conservation subdivision. The following permitted uses and structures shall be allowed in the conservation area of the C-S zoning district:

(1)

Trails and paths (impervious trails and paths are limited to five percent of the conservation area);

(2)

(3)

Community gardens for the use of the residents of the subdivision only;

(4)

The maintenance of existing orchards and groves including the harvesting of fruit and nuts;

(5)

The maintenance of existing pastures including the harvesting of hay; and

(6)

The maintenance of existing farm fields used for row crops including the harvesting of crops.

(7)

Stormwater management facilities per chapter 104, article XIV and mail CBUs with associated shelter structures.

All improvements within the conservation area shall comply with chapter 104, article VII.

(f)

Dimensional requirements. The minimum dimensional requirements within the residential area in the C-S zoning district shall be as follows:

(1)

Lot area per dwelling unit:

Where central sanitary sewage or central water distribution system is provided: 43,560 square feet (one acre) only within an area designated low density residential or rural residential—2.

Where neither a central sanitary sewage nor a central water distribution system is provided: 65,340 square feet (1½ acres) only an area designated Low Density Residential or Rural Residential—2.

Within an area designated Rural Residential—3: 65,340 square feet (1 ½ acres).

(2)

Lot width per dwelling unit:

Major thoroughfare:

Arterial: 150 feet.

Collector: 150 feet.

Minor thoroughfare: 125 feet.

(3)

Floor area: 2,100 square feet.

(4)

Front yard setback:

Major thoroughfare:

Arterial: 100 feet.

Collector: 75 feet.

Minor thoroughfare: 50 feet.

(5)

Rear yard setback: 30 feet.

(6)

Side yard setback: 20 feet.

(7)

Height limit: 35 feet.

(g)

(h)

Conservation area requirements. The conservation area of the subdivision shall meet the following requirements:

(1)

Ownership. Title to the conservation area shall be conveyed to one of the following entities:

A homeowners' association that has been established according to the Georgia Property Owners' Association Act (O.C.G.A. § 44-3-220 et seq.); or

A conservation trust organization approved by the county board of commissioners; or

The county board of commissioners (for conservation areas with no structures only).

(2)

(3)

(Code 1992, § 20-6-2; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2020-02, § 6, 5-28-2020)

Sec. 110-127. - EST, Estate Residential District.

(a)

(b)

Rezoning requirements. The following is required for a rezoning petition for the estate residential zoning district in addition to what is normally required for a rezoning petition:

(1)

(2)

A development plan shall be required for the rezoning petition. The development plan, as approved, shall establish the layout and uses planned for the development. Any change in the approved development plan, which affects the intent and character of the development, the density or land use pattern, the location or dimensions of streets, or similar substantial changes, shall be reviewed and approved by the board of commissioners upon the recommendation of the planning commission. A petition for a revision of the development plan shall be supported by a written statement as to why the revisions are necessary. Each EST subdivision shall consist of two areas: the residential area and the conservation area. The conservation area will consist of the environmentally sensitive areas, including waterways, water bodies, watershed protection areas, floodplains, wetlands, riparian buffers and woodlands, as well as, agricultural areas existing agricultural structures and historical structures. The conservation area will remain in a natural and undisturbed state with minimal improvements. In addition to what is normally required on the development plan, the development plan shall include the following:

A delineation of the attributes (see subsection (a) of this section) of the site which will be preserved;

A delineation of the residential area and the conservation area including the approximate acreage within each area;

Uses and improvements planned for the conservation area with the acreage devoted to each; and

Indicate and label existing structures to remain.

(c)

Uses permitted within the residential area of an estate residential subdivision. The following permitted uses shall be allowed in the residential area of the estate residential zoning district:

(1)

Single-family dwelling; and

(2)

Residential accessory structures and uses (see article III of this chapter).

(d)

Conditional uses. The following conditional uses shall be allowed in the residential area of EST zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Developed residential recreational/amenity areas;

(2)

Home occupation; and

(3)

Horse quarters.

(e)

(1)

Trails and paths (impervious trails and paths are limited to five percent of the conservation area);

(2)

Picnic areas which can include picnic tables, grills, benches, playground equipment (swing sets, slides, etc.). Picnic areas and one covered picnic pavilion are required to be setback 50 feet from any residential property line and are limited to five percent of the conservation area. The covered picnic pavilion shall not exceed a maximum of 900 square feet;

(3)

Community gardens for the use of the residents of the subdivision only;

(4)

The maintenance of existing orchards and groves including the harvesting of fruit and nuts;

(5)

The maintenance of existing pastures including the harvesting of hay; and

(6)

The maintenance of existing farm fields used for row crops including the harvesting of crops.

(7)

Stormwater management facilities per chapter 104, article XIV and mail CBUs with associated shelter structures.

All improvements within the conservation area shall comply with chapter 104, article VII.

(f)

Dimensional requirements. The minimum dimensional requirements within the residential area in the estate residential zoning district shall be as follows:

(1)

Lot area per dwelling unit: 108,900 square feet (2.5 acres).

(2)

Lot width per dwelling unit: 160 feet.

(3)

Floor area: 2,500 square feet.

(4)

Front yard setback:

Major thoroughfare:

Arterial: 100 feet.

Collector: 75 feet.

Minor thoroughfare: 50 feet.

(5)

Rear yard setback: 50 feet.

(6)

Side yard setback: 25 feet.

(7)

Height limit: 35 feet.

(g)

(h)

Conservation area requirements. The conservation area of the subdivision shall meet the following requirements:

(1)

Ownership. Title to the conservation area shall be conveyed to one of the following entities:

A homeowners' association that has been established according to the Georgia Property Owners' Association Act (O.C.G.A. § 44-3-220 et seq.); or

A conservation trust organization approved by the county board of commissioners; or

The county board of commissioners (for conservation areas with no structures only).

(2)

(3)

(Code 1992, § 20-6-3; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2020-02, § 7, 5-28-2020; Ord. No. 2020-07, § 1, 8-27-2020)

Sec. 110-128. - R-85, Single-Family Residential District.

(a)

(b)

Permitted uses. The following uses shall be permitted in the R-85 zoning district:

(1)

Single-family dwelling;

(2)

Residential accessory structures and uses (see article III of this chapter); and

(3)

Growing crops, gardens.

(c)

Conditional uses. The following conditional uses shall be allowed in the R-85 zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Church and/or other place of worship;

(2)

Developed residential recreational/amenity areas;

(3)

Home occupation;

(4)

Horse quarters; and

(5)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and stadium.

(d)

Dimensional requirements. The minimum dimensional requirements in the R-85 zoning district shall be as follows:

(1)

Lot area per dwelling unit: 130,680 square feet (three acres).

(2)

Lot width: 175 feet.

(3)

Floor area: 3,000 square feet.

(4)

Front yard setback:

Major thoroughfare:

Arterial: 100 feet.

Collector: 75 feet.

Minor thoroughfare: 50 feet.

(5)

Rear yard setback: 50 feet.

(6)

Side yard setback: 30 feet.

(7)

Height limit: 35 feet.

(Code 1992, § 20-6-4; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2018-03, § 13, 9-22-2018; Ord. No. 2020-02, § 8, 5-28-2020)

Sec. 110-129. - R-80, Single-Family Residential District.

(a)

(b)

Permitted uses. The following permitted uses shall be allowed in the R-80 zoning district:

(1)

Single-family dwelling;

(2)

Residential accessory structures and uses (see article III of this chapter); and

(3)

Growing crops, gardens.

(c)

Conditional uses. The following conditional uses shall be allowed in the R-80 zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Church and/or other place of worship;

(2)

Developed residential recreational/amenity areas;

(3)

Home occupation;

(4)

Horse quarters; and

(5)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and stadium.

(d)

Dimensional requirements. The minimum dimensional requirements in the R-80 zoning district shall be as follows:

(1)

Lot area per dwelling: 130,680 square feet (three acres).

(2)

Lot width: 175 feet.

(3)

Floor area: 2,500 square feet.

(4)

Front yard setback:

Major thoroughfare:

Arterial: 75 feet.

Collector: 75 feet.

Minor thoroughfare: 50 feet.

(5)

Rear yard setback: 50 feet.

(6)

Side yard setback: 30 feet.

(7)

Height limit: 35 feet.

(Code 1992, § 20-6-5; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2018-03, § 13, 9-22-2018)

Sec. 110-130. - R-78, Single-Family Residential District.

(a)

(b)

Permitted uses. The following uses shall be permitted in the R-78 zoning district:

(1)

Single-family dwelling;

(2)

Residential accessory structures and uses (see article III of this chapter); and

(3)

Growing crops, gardens.

(c)

Conditional uses. The following conditional uses shall be allowed in the R-78 zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Church and/or other place of worship;

(2)

Developed residential recreational/amenity areas;

(3)

Home occupation;

(4)

Horse quarters; and

(5)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and stadium.

(d)

Dimensional requirements. The minimum dimensional requirements in the R-78 zoning district shall be as follows:

(1)

Lot area per dwelling unit: 87,120 square feet (two acres).

(2)

Lot width: 125 feet.

(3)

Floor area: 3,000 square feet.

(4)

Front yard setback:

Major thoroughfare:

Arterial: 100 feet.

Collector: 75 feet.

Minor thoroughfare: 50 feet.

(5)

Rear yard setback: 50 feet.

(6)

Side yard setback: 25 feet.

(7)

Height limit: 35 feet.

(Code 1992, § 20-6-6; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2018-03, § 13, 9-22-2018)

Sec. 110-131. - R-75, Single-Family Residential District.

(a)

(b)

Permitted uses. The following uses shall be permitted in the R-75 zoning district:

(1)

Single-family dwelling;

(2)

Residential accessory structures and uses (see article III of this chapter); and

(3)

Growing crops, gardens.

(c)

Conditional uses. The following conditional uses shall be allowed in the R-75 zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Church and/or other place of worship;

(2)

Developed residential recreational/amenity areas;

(3)

Home occupation;

(4)

Horse quarters; and

(5)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and stadium.

(d)

Dimensional requirements. The minimum dimensional requirements in the R-75 zoning district shall be as follows:

(1)

Lot area per dwelling unit: 87,120 square feet (two acres).

(2)

Lot width: 125 feet.

(3)

Floor area: 2,500 square feet.

(4)

Front yard setback:

Major thoroughfare:

Arterial: 100 feet.

Collector: 75 feet.

Minor thoroughfare: 50 feet.

(5)

Rear yard setback: 50 feet.

(6)

Side yard setback: 25 feet.

(7)

Height limit: 35 feet.

(Code 1992, § 20-6-7; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2018-03, § 13, 9-22-2018)

Sec. 110-132. - R-72, Single-Family Residential District.

(a)

(b)

Permitted uses. The following permitted uses shall be allowed in the R-72 zoning district:

(1)

Single-family dwelling;

(2)

Residential accessory structures and uses (see article III of this chapter); and

(3)

Growing crops, gardens.

(c)

Conditional uses. The following conditional uses shall be allowed in the R-72 zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Church and/or other place of worship;

(2)

Developed residential recreational/amenity areas;

(3)

Home occupation;

(4)

Horse quarters; and

(5)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and stadium.

(d)

Dimensional requirements. The minimum dimensional requirements in the R-72 zoning district shall be as follows:

(1)

Lot area per dwelling unit: 87,120 square feet (two acres).

(2)

Lot width:

Major thoroughfare:

Arterial: 175 feet.

Collector: 175 feet.

Minor thoroughfare: 150 feet.

(3)

Floor area: 2,100 square feet.

(4)

Front yard setback:

Major thoroughfare:

Arterial: 75 feet.

Collector: 75 feet.

Minor thoroughfare: 50 feet.

(5)

Rear yard setback: 50 feet.

(6)

Side yard setback: 25 feet.

(7)

Height limit: 35 feet.

(Code 1992, § 20-6-8; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2018-03, § 13, 9-22-2018)

Sec. 110-133. - R-70, Single-Family Residential District.

(a)

Description of district. This district is composed of certain lands and structures having a low density single-family residential character and designed to protect against the depreciating effects of excessive densities and development and those uses incompatible with such a residential environment.

(b)

Permitted uses. The following permitted uses shall be allowed in the R-70 zoning district:

(1)

Single-family dwelling;

(2)

Residential accessory structures and uses (see article III of this chapter); and

(3)

Growing crops, gardens.

(c)

Conditional uses. The following conditional uses shall be allowed in the R-70 zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Church and/or other place of worship;

(2)

Developed residential recreational/amenity areas;

(3)

Home occupation;

(4)

Horse quarters; and

(5)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and stadium.

(d)

Dimensional requirements. The minimum dimensional requirements in the R-70 zoning district shall be as follows:

(1)

Lot area per dwelling unit: 87,120 square feet (two acres).

(2)

Lot width:

Major thoroughfare:

Arterial: 175 feet.

Collector: 175 feet.

Minor thoroughfare: 150 feet.

(3)

Floor area: 1,500 square feet.

(4)

Front yard setback:

Major thoroughfare:

Arterial: 75 feet.

Collector: 75 feet.

Minor thoroughfare: 50 feet.

(5)

Rear yard setback: 50 feet.

(6)

Side yard setback: 25 feet.

(7)

Height limit: 35 feet.

(Code 1992, § 20-6-9; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2018-03, § 13, 9-22-2018)

Sec. 110-134. - R-55, Single-Family Residential District.

(a)

(b)

Permitted uses. The following uses shall be permitted in the R-55 zoning district:

(1)

Single-family dwelling;

(2)

Residential accessory structures and uses (see article III of this chapter); and

(3)

Growing crops, gardens.

(c)

Conditional uses. The following conditional uses shall be allowed in the R-55 zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Church and/or other place of worship;

(2)

Developed residential recreational/amenity areas;

(3)

Home occupation;

(4)

Horse quarters; and

(5)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and stadium.

(d)

Dimensional requirements. The minimum dimensional requirements in the R-55 zoning district shall be as follows:

(1)

Lot area per dwelling unit:

Where central sanitary sewage or central water distribution system is provided: 43,560 square feet (one acre).

Where neither a central sanitary sewage nor a central water distribution system is provided: 65,340 square feet (1.5 acres).

(2)

Lot width: 150 feet.

(3)

Floor area: 2,500 square feet.

(4)

Front yard setback:

Major thoroughfare:

Arterial: 100 feet.

Collector: 75 feet.

Minor thoroughfare: 50 feet.

(5)

Rear yard setback: 50 feet.

(6)

Side yard setback: 25 feet.

(7)

Height limit: 35 feet.

(Code 1992, § 20-6-10; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2018-03, § 13, 9-22-2018)

Sec. 110-135. - R-50, Single-Family Residential District.

(a)

(b)

Permitted uses. The following permitted uses shall be allowed in the R-50 zoning district:

(1)

Single-family dwelling;

(2)

Residential accessory structures and uses (see article III of this chapter); and

(3)

Growing crops, gardens.

(c)

Conditional uses. The following conditional uses shall be allowed in the R-50 zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Church and/or other place of worship;

(2)

Developed residential recreational/amenity areas;

(3)

Home occupation;

(4)

Horse quarters; and

(5)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and stadium.

(d)

Dimensional requirements. The minimum dimensional requirements in the R-50 zoning district shall be as follows:

(1)

Lot area per dwelling unit:

Where central sanitary sewage or central water distribution system is provided: 43,560 square feet (one acre).

Where neither a central sanitary sewage nor a central water distribution system is provided: 65,340 square feet (1.5 acres).

(2)

Lot width:

Major thoroughfare:

Arterial: 150 feet.

Collector: 150 feet.

Minor thoroughfare: 125 feet.

(3)

Floor area: 2,100 square feet.

(4)

Front yard setback:

Major thoroughfare:

Arterial: 100 feet.

Collector: 75 feet.

Minor thoroughfare: 50 feet.

(5)

Rear yard setback: 30 feet.

(6)

Side yard setback: 20 feet.

(7)

Height limit: 35 feet.

(Code 1992, § 20-6-11; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2018-03, § 13, 9-22-2018)

Sec. 110-136. - R-45, Single-Family Residential District.

(a)

(b)

Permitted uses. The following permitted uses shall be allowed in the R-45 zoning district:

(1)

Single-family dwelling;

(2)

Residential accessory structures and uses (see article III of this chapter); and

(3)

Growing crops, gardens.

(c)

Conditional uses. The following conditional uses shall be allowed in the R-45 zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Church and/or other place of worship;

(2)

Developed residential recreational/amenity areas;

(3)

Home occupation;

(4)

Horse quarters; and

(5)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and stadium.

(d)

Dimensional requirements. The minimum dimensional requirements in the R-45 zoning district shall be as follows:

(1)

Lot area per dwelling unit:

Where central sanitary sewage or central water distribution system is provided: 43,560 square feet (one acre).

Where neither a central sanitary nor central water distribution system is provided: 65,340 square feet (1.5 acres).

(2)

Lot width: 125 feet.

(3)

Floor area: 1,800 square feet.

(4)

Front yard setback:

Major thoroughfare:

Arterial: 60 feet.

Collector: 60 feet.

Minor thoroughfare: 40 feet.

(5)

Rear yard setback: 40 feet.

(6)

Side yard setback: 20 feet.

(7)

Height limit: 35 feet.

(Code 1992, § 20-6-12; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2018-03, § 13, 9-22-2018)

Sec. 110-137. - R-40, Single-Family Residential District.

(a)

(b)

Permitted uses. The following permitted uses shall be allowed in the R-40 zoning district:

(1)

Single-family dwelling;

(2)

Residential accessory structures and uses (see article III of this chapter); and

(3)

Growing crops, gardens.

(c)

Conditional uses. The following conditional uses shall be allowed in the R-40 zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Church and/or other place of worship;

(2)

Developed residential recreational/amenity areas;

(3)

Home occupation;

(4)

Horse quarters; and

(5)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and stadium.

(d)

Dimensional requirements. The minimum dimensional requirements within the R-40 zoning district shall be as follows:

(1)

Lot area per dwelling unit:

Where central sanitary sewage or central water distribution systems are provided: 43,560 square feet (one acre).

Where neither a central sanitary sewage nor a central water distribution system is provided: 65,340 square feet (1.5 acres).

(2)

Lot width:

Major thoroughfare:

Arterial: 150 feet.

Collector: 150 feet.

Minor thoroughfare: 125 feet.

(3)

Floor area: 1,500 square feet.

(4)

Front yard setback:

Major thoroughfare:

Arterial: 60 feet.

Collector: 60 feet.

Minor thoroughfare: 40 feet.

(5)

Rear yard setback: 30 feet.

(6)

Side yard setback: 15 feet.

(7)

Height limit: 35 feet.

(Code 1992, § 20-6-13; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2018-03, § 13, 9-22-2018)

Sec. 110-138. - R-20, Single-Family Residential District.

(a)

(b)

Permitted uses. The following permitted uses shall be allowed in the R-20 zoning district:

(1)

Single-family dwelling;

(2)

Residential accessory structures and uses (see article III of this chapter); and

(3)

Growing crops, gardens.

(c)

Conditional uses. The following conditional uses shall be allowed in the R-20 zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Church and/or other place of worship;

(2)

Developed residential recreational/amenity areas;

(3)

Home occupation;

(4)

Horse quarters; and

(5)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and stadium.

(d)

Dimensional requirements. The minimum dimensional requirements in the R-20 zoning district shall be as follows:

(1)

Lot area per dwelling unit:

Where a central sanitary sewage or a central water distribution system is provided: 43,560 square feet (one acre).

Where neither a central sanitary sewage nor a central water distribution system is provided: 65,340 square feet (1.5 acres).

(2)

Lot width:

Major thoroughfare:

Arterial: 150 feet.

Collector: 150 feet.

Minor thoroughfare: 125 feet.

(3)

Floor area: 1,200 square feet.

(4)

Front yard setback:

Major thoroughfare:

Arterial: 60 feet.

Collector: 60 feet.

Minor thoroughfare: 40 feet.

(5)

Rear yard setback: 30 feet.

(6)

Side yard setback: 15 feet.

(7)

Height limit: 35 feet.

(Code 1992, § 20-6-14; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2018-03, § 13, 9-22-2018)

Sec. 110-139. - DR-15, One- and Two-Family Residential District.

(a)

(b)

Permitted uses. The following permitted uses shall be allowed in the DR-15 zoning district:

(1)

Single-family dwelling;

(2)

Residential accessory structures and uses (see article III of this chapter);

(3)

Growing crops, gardens; and

(4)

Two-family dwellings.

(c)

Conditional uses. The following conditional uses shall be allowed in the DR-15 zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Church and/or other place of worship;

(2)

Developed residential recreational/amenity areas;

(3)

Home occupation; and

(4)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and stadium.

(d)

Dimensional requirements. The minimum dimensional requirements in the DR-15 zoning district shall be as follows:

(1)

Lot area per dwelling:

Single-family or two-family dwelling with central sanitary sewage or central water distribution system: 43,560 square feet (one acre).

Where neither a central sanitary sewage nor a central water distribution system is provided: 65,340 square feet (1.5 acres).

(2)

Lot width:

Major thoroughfare:

Arterial: 125 feet.

Collector: 125 feet.

Minor thoroughfare: 100 feet.

(3)

Floor area:

Single-family dwelling: 1,200 square feet.

Two-family dwelling: 1,800 square feet.

(4)

Front yard setback:

Major thoroughfare:

Arterial: 50 feet.

Collector: 45 feet.

Minor thoroughfare: 40 feet.

(5)

Rear yard setback: 30 feet.

(6)

Side yard setback: 10 feet.

(7)

Height limit: 35 feet.

(8)

Off-street parking: Parking spaces for three motor vehicles per dwelling unit.

(Code 1992, § 20-6-15; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2018-03, § 13, 9-22-2018)

Sec. 110-140. - RMF, Multi-Family Residential District.

(a)

(b)

Permitted uses. The following permitted uses and structures shall be allowed in the RMF zoning district:

(1)

Apartments; and

(2)

Townhouses.

(c)

Conditional uses. The following conditional use shall be allowed in the RMF zoning district provided that all conditions specified in article V of this chapter are met: home occupation.

(d)

Dimensional requirements. The minimum dimensional requirements in the RMF zoning district shall be as follows:

(1)

Maximum requirements per development:

Maximum density: five units per gross acre.

Maximum number of dwelling units per development: 160.

(2)

Minimum requirements for a development:

Site area: five acres

Site frontage: 50 feel of immediate frontage on at least one street which has been identified as an arterial as specified by the county thoroughfare plan.

Peripheral yard requirements:

Front yard:

(i)

Major thoroughfare:

State-numbered route: 150 feet.

Arterial: 100 feet.

Collector: 80 feet.

(ii)

Minor thoroughfare: 60 feet.

Side yard: 40 feet.

Rear yard: 40 feet.

(3)

Lot coverage and minimum open space.

The minimum distance between buildings, including any projections, shall not be less than 50 feet.

(4)

Height limit: 35 feet.

(5)

Floor area:

One bedroom: 600 square feet.

Two bedroom: 850 square feet.

Three bedroom: 1,200 square feet.

(6)

Special location and spatial requirements:

No more than eight dwelling units shall compose a single building.

All exterior refuse areas or outside storage shall be screened in accordance with article III of this chapter.

At least 15 percent of the total land area shall be reserved for recreation available to all residents of the development. At a minimum, recreation areas shall include the following:

One swimming pool at least 1,000 square feet;

Two standard tennis courts;

One children's playground; and

20 off-street parking spaces.

Parking areas shall not be located within the minimum required peripheral front, side, or rear yards of the development. A minimum of three spaces are required per dwelling unit.

(7)

Circulation system requirements.

Principal access drives serving more than ten dwelling units shall be constructed to the county public street standards.

Parking areas shall be connected to living units by paved walkways. Sidewalks may be required where necessary for safe pedestrian circulation as determined by the county engineer.

(8)

(9)

(Code 1992, § 20-6-16; Ord. No. 2012-09, § 4, 5-24-2012)

Sec. 110-141. - MHP, Manufactured Home Park District.

(a)

Description of district. This district is composed of certain lands and structures for purpose of providing the proper development of manufactured home parks.

(b)

Permitted uses. The following permitted uses shall be allowed in the MHP zoning district:

(1)

Manufactured home park;

(2)

Residential accessory structures and uses (see article III of this chapter);

(3)

Office trailer; and

(4)

Growing crops, gardens.

(c)

Conditional uses. The following conditional uses shall be allowed in the MHP zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Child care facility; and

(2)

Home occupation.

(d)

Special regulations. The following regulations shall apply to the MHP zoning district in addition to any other applicable regulations herein:

(1)

A draft of the proposed rules and regulations which shall be established and enforced by the management of the manufactured home park;

The existing and proposed land uses and the approximate location of all buildings and structures;

The location of existing and proposed streets and parking areas;

A legal description of the subject property;

Typical elevation drawings, indicating general architectural style and building exterior materials, if possible, of all permanent buildings and structures to be constructed on the premises;

A statement of the present ownership of all land within the proposed development;

A summary of acres, dwelling units, and gross density, as well as a statement of the number of acres devoted to buffer areas, and green belts or other amenities, such as lakes, etc.;

A description of the phases under which construction shall be programmed, depicting the geographical limits of each phase of construction; and

Specific plans for provision of central water and central sanitary sewage systems.

(2)

(3)

(4)

Use regulations. In addition to the above listed permitted uses, the buildings or land shall only be used as follows:

Convenience food stores with a maximum of 1,500 square feet including inside and outside storage, as an accessory to a manufactured home park as designated on an approved site plan;

Laundromat, including coin operated dry cleaning, as an accessory to a manufactured home park as designated on an approved site plan, upon approval by the county health department;

The sale or display of a manufactured home, provided each such manufactured home offered for sale shall be located on its individual lot and connected to all utilities.

(5)

Perimeter requirements.

A buffer zone having a minimum width of 150 feet shall be provided so as to provide a continuous buffer along all side and rear yards of any manufactured home park.

A buffer zone having a minimum depth of 100 feet shall extend along the entire frontage of any manufactured home park.

(6)

(7)

Circulation system. Each manufactured home park shall have a minimum 200 feet of frontage and only access an arterial thoroughfare.

Each manufactured home park over 20 acres in size shall have a minimum of two access streets or drives to provide ingress and egress for vehicular traffic.

Provision shall be made for safe, all-weather pedestrian movement within the development.

(8)

Night lighting. Streets, pedestrian walkways and parking areas shall be adequately lighted.

(9)

Garbage refuse collection facilities. Garbage refuse collection shall be provided by the manufactured home park owner.

(10)

(11)

(e)

Dimensional requirements. The minimum dimensional requirements in the MHP zoning district shall be as follows:

(1)

No manufactured home park shall be constructed or maintained on a lot consisting of a total area of less than ten acres.

(2)

Each manufactured home shall be located on a separate lot as follows:

Each lot shall have a minimum width of 60 feet.

Each lot shall contain a minimum of 6,000 square feet.

Each lot shall provide a paved concrete or all-weather patio area having a minimum area of 300 square feet.

(3)

Four feet of its individual lot line; or

15 feet of any street or drive within the manufactured home park.

(4)

Height limit: 35 feet.

(Code 1992, § 20-6-17; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2012-14, § 3, 12-13-2012; Ord. No. 2018-03, § 13, 9-22-2018)

Sec. 110-142. - O-I, Office-Institutional District.

(a)

Description of district. This district is composed of certain lands and structures having office and institutional uses which are compatible with or provide a transition into low-intensity land uses.

(b)

Permitted principal uses and structures. The following permitted uses shall be allowed in the O-I zoning district:

(1)

Office;

(2)

Art gallery;

(3)

Bank and/or financial institution;

(4)

Banquet hall/event facility;

(5)

College and/or university, including classrooms and/or administration only;

(6)

(7)

Health club and/or fitness center;

(8)

Hotel;

(9)

Insurance carrier, agent, and/or broker;

(10)

Laboratory, medical, and/or dental;

(11)

Legal services;

(12)

Massage therapy (see chapter 8);

(13)

Medical/dental office (human treatment);

(14)

Military recruiting office;

(15)

Museum;

(16)

Performing arts theater;

(17)

Private school, including classrooms and/or administration only;

(18)

(19)

Real estate agent and/or broker.

(c)

(1)

Beauty shop and/or barbershop;

(2)

Blueprinting;

(3)

Cafeteria;

(4)

Commercial art and/or drafting service;

(5)

Day care facility;

(6)

Delivery and/or messenger service;

(7)

Drug store;

(8)

Florist;

(9)

Gift shop;

(10)

Photocopying and/or reproduction;

(11)

Restaurant (limited to five percent of total floor area of office park and included in overall ten percent limitation);

(12)

Stenographic and/or typing service;

(13)

Teleconferencing center; and

(14)

Travel agency and/or ticket office.

(d)

Conditional uses. The following conditional uses shall be allowed in the O-I zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Adult day care facility;

(2)

Animal hospital and/or veterinary clinic (with no animal boarding or outdoor runs);

(3)

Care home, convalescent center, and/or nursing home;

(4)

Church and/or other place of worship;

(5)

College and/or university, including, but not limited to: classrooms, administration, housing, athletic fields, gymnasium, and stadium;

(6)

Child care facility;

(7)

Home occupation;

(8)

Hospital;

(9)

Non-emergency medical transport service;

(10)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and stadium;

(11)

Religious tent meeting; and

(12)

Single-family residence and residential accessory structures and/or uses (see article III of this chapter).

(e)

(1)

Uses. The following auxiliary conditional uses shall be allowed in the O-I zoning district:

Durable medical and rehabilitation equipment sales/rental (i.e., wheelchairs, crutches, etc.);

Pharmaceutical sales (for the purpose of filling prescriptions only);

Counter service restaurants, including but not limited to: a bakery, cafe, coffee shop, or deli. No drive-through, drive-in, or freestanding facilities shall be allowed;

Optical care center to include prescription eyeglass/contact lens sales;

Gift shop for the sale of items usually associated with a medical condition and/or hospital stay (i.e., get well cards, etc.); and

Floral sales.

(2)

Auxiliary conditional use limitations.

Multiple uses may be permitted concurrently, but may not exceed the 20 percent limitation.

(3)

Architectural requirements.

Architecture shall conform to the existing hospital/medical office development. The architectural standards of the transportation corridor overlay zone shall not apply.

Elevation drawings shall be submitted as part of site plan approval.

(f)

Dimensional requirements. The minimum dimensional requirements in the O-I zoning district shall be as follows:

(1)

Lot area:

Where a central water distribution system is provided: 43,560 square feet (one acre).

Where central sanitary sewage and central water distribution systems are provided: 21,780 square feet (0.50 acre).

(2)

Lot width: 125 feet.

(3)

Outside storage shall not be permitted.

(4)

Setbacks, yards adjoining rights-of-way:

Major thoroughfare:

Arterial: 75 feet.

Collector: 70 feet.

Minor thoroughfare: 55 feet.

(5)

Setbacks, yards not adjoining rights-of-way:

Side yard: 15 feet.

Rear yard: 15 feet.

(6)

(7)

Height limit:

40 feet as defined in article I of this chapter.

When a structure reaches a minimum height of four floors (including basements), it shall be sprinkled.

(8)

(9)

Lot coverage limit, including structure and parking area: 60 percent of total lot area.

(g)

SR 74 North-East Side Special Development District.

(1)

To maintain the efficient traffic flow of SR 74 North as the county's main connection to Interstate 85;

To enhance and maintain the aesthetic qualities of the corridor, as it is the gateway into the county; and

To protect existing and future residential areas in the SR 74 North corridor.

(2)

Restaurants (no drive-through, drive-in, or freestanding facilities shall be allowed);

Convenience store (no gasoline sales);

Blueprinting, graphic, and/or copying service;

Office and/or computer sales and/or service; and

Cellular phone/communication device sales and/or service.

(h)

State Route 54 West Special Development District.

(1)

(2)

On parcels zoned O-I with a minimum of five acres the following expanded business uses are allowed:

Businesses that supply services, equipment and/or resources to the film industry;

Call center;

Cellular phone/communication device sales and/or service;

Computer technology service, sales and/or repair;

Medical equipment sales, rental and/or repair;

Restaurant (no drive-through or drive-in);

Television/radio broadcasting studio, movie/music/media productions or telecommunications;

Server farm/data center; and

Internal access self-storage facility.

No outside storage of materials or equipment shall be allowed.

(3)

If the side and/or rear yards abut a residential or A-R zoning district, the setbacks shall be increased five feet for every one foot of total building height over 40 feet.

(4)

(i)

Special uses of property. The following special uses of property shall be allowed in the O-I zoning district, provided that all conditions specified in article V of this chapter are also met:

(1)

Drug abuse treatment facility.

Sec. 110-143. - C-C, Community Commercial District.

(a)

Description of district. This district is composed of certain lands and structures providing for convenient community shopping facilities having a broad variety of sales and services.

(b)

Permitted uses. The following uses shall be permitted in the C-C zoning district:

(1)

Amusement or recreational facility, indoor or outdoor (see chapter 18);

(2)

Appliance sales and incidental repair;

(3)

Art studio;

(4)

Auto parts and/or tire sales and installation;

(5)

Bakery;

(6)

Bank and/or financial institution;

(7)

Banquet hall/event facility;

(8)

Catering service;

(9)

Church and/or other place of worship, excluding outdoor recreation, parsonage, and cemetery or mausoleum;

(10)

College and/or university, including classrooms and/or administration only;

(11)

Copy shop;

(12)

Cultural facility;

(13)

Day spa;

(14)

Department store, variety store, and/or clothing store;

(15)

Drug store;

(16)

(17)

Electronic sales and incidental repair;

(18)

Emission testing facility (inside only);

(19)

Firearm sales and/or gunsmith;

(20)

Florist;

(21)

Gift shop;

(22)

Grocery store;

(23)

Hardware store;

(24)

Health club and/or fitness center;

(25)

Jewelry shop;

(26)

Laboratory serving professional requirements, (e.g., medical, dental, etc.);

(27)

Library;

(28)

Medical/dental office (human treatment);

(29)

Messenger/courier service;

(30)

Military recruiting office;

(31)

Movie theatre (excluding drive-in);

(32)

Museum;

(33)

Office;

(34)

Office equipment sales and/or service;

(35)

Parking garage/lot;

(36)

(37)

Plant nursery, growing crops/garden, and related sales;

(38)

Printing, graphics, and/or reproductions;

(39)

Private clubs and/or lodges;

(40)

Private school, including, classrooms and/or administration only;

(41)

Radio studio;

(42)

Recording studio (audio and video);

(43)

Restaurant, (including drive-in and/or drive-through);

(44)

Retail establishment;

(45)

Smoking lounge (subject to state and local tobacco sales and smoking laws);

(46)

Taxidermist; and

(47)

Television/movie studio.

(c)

Conditional uses. The following conditional uses shall be allowed in the C-C zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Adult day care facility;

(2)

Animal hospital, kennel (commercial or noncommercial), and/or veterinary clinic;

(3)

Automobile service station, including, gasoline sales and/or inside or outside emission testing, in conjunction with a convenience store;

(4)

Care home, convalescent center, and/or nursing home;

(5)

Church and/or other place of worship;

(6)

College and/or university, including, but not limited to: classrooms, administration, housing, athletic fields, gymnasium, and/or stadium;

(7)

Commercial driving range and related accessories;

(8)

Child care facility;

(9)

Dry cleaning plant;

(10)

Golf course (minimum 18-hole regulation) and related accessories;

(11)

Home occupation;

(12)

Hospital;

(13)

Kennel (see animal hospital, kennel (commercial or noncommercial), and/or veterinary clinic);

(14)

Laundromat, self-service or otherwise;

(15)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and/or stadium;

(16)

Religious tent meeting;

(17)

Seasonal sales, outdoor;

(18)

Single-family residence and residential accessory structures and/or uses (see article III of this chapter); and

(19)

Temporary tent sales.

(20)

Vehicle/boat sales.

(d)

Dimensional requirements. The minimum dimensional requirements in the C-C zoning district shall be as follows:

(1)

Lot area:

Where a central water distribution system is provided: 43,560 square feet (one acre).

Where central sanitary sewage and central water distribution systems are provided: 21,780 square feet (one-half acre).

(2)

Lot width: 125 feet.

(3)

Front yard setback:

Major thoroughfare:

Arterial: 75 feet.

Collector: 70 feet.

Minor thoroughfare: 65 feet.

(4)

Rear yard setback: 15 feet.

(5)

Side yard setback: 15 feet.

(6)

(7)

Height limit: 35 feet.

(8)

Screening dimensions for parking and service areas as provided in article III of this chapter and chapter 104.

(9)

Lot coverage limit, including structure and parking area: 60 percent of total lot area.

Sec. 110-144. - C-H, Highway Commercial District.

(a)

(b)

Permitted uses. The following uses shall be permitted in the C-H zoning district:

(1)

Ambulance service, including non-emergency medical transport service;

(2)

Amusement or recreational facility, indoor or outdoor;

(3)

Appliance sales, installation and/or repair;

(4)

Armories, for meetings and training military organizations;

(5)

Art studio;

(6)

Auto/vehicle repair. All service, repairs and diagnostics, with the exception of emissions testing, shall be conducted within an enclosed building;

(7)

Bakery;

(8)

Bank and/or financial institution;

(9)

Banquet hall/event facility;

(10)

Bookbinding;

(11)

(12)

Bus passenger station (pick-up and drop-off only);

(13)

Cabinet manufacturing, sales, repair and/or installation;

(14)

Car wash and/or detailing facility;

(15)

Catering service;

(16)

Church and/or other place of worship excluding outdoor recreation, parsonage, and cemetery or mausoleum;

(17)

Clothing store and/or variety store;

(18)

College and/or university, including classrooms and/or administration only;

(19)

Copy shop;

(20)

Cultural facility;

(21)

Day spa;

(22)

Department store;

(23)

Drug store;

(24)

(25)

Electronic sales and/or repair;

(26)

Emission testing facility (inside only);

(27)

Engraving;

(28)

Firearm sales and/or gunsmith;

(29)

Flea market, indoor;

(30)

Florist shop;

(31)

Freezer locker service, ice storage;

(32)

Freight express office;

(33)

Funeral establishment (where funeral services, excluding a crematorium, may be provided);

(34)

Gift shop;

(35)

Glass sales;

(36)

Grocery store;

(37)

Hardware store;

(38)

Health club and/or fitness center;

(39)

Hotel;

(40)

Jewelry shop;

(41)

Laboratory serving professional requirements, (e.g., medical, dental, etc.);

(42)

Library;

(43)

Magazine publication and/or distribution;

(44)

Manufactured home and/or building sales;

(45)

Medical/dental office (human treatment);

(46)

Messenger/courier service;

(47)

Military recruiting office;

(48)

Movie theatre and/or drive-in;

(49)

Museum;

(50)

Music teaching studio;

(51)

Newspaper publication and/or distribution;

(52)

Office;

(53)

Office equipment sales and/or service;

(54)

Parking garage/lot;

(55)

Pawn shops;

(56)

(57)

Pest control;

(58)

Plant nursery, growing crops/garden, and/or related sales;

(59)

Printing, graphics, and/or reproductions;

(60)

Private clubs and/or lodges;

(61)

Private school, including classrooms and/or administration only;

(62)

Recording studio (audio and video);

(63)

Radio studio;

(64)

Railroad station;

(65)

Rent-alls;

(66)

Restaurant, including drive-in and/or drive-through;

(67)

Retail establishment;

(68)

Smoking lounge (subject to state and local tobacco sales and smoking laws);

(69)

Tattoo parlor;

(70)

Taxidermist;

(71)

Taxi service/limousine service/shuttle service (no on-site maintenance and/or repair);

(72)

Television/movie studio;

(73)

Upholstery shop; and

(74)

Utility trailers sales and/or rental.

(c)

Conditional uses. The following conditional uses shall be allowed in the C-H zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Adult day care facility;

(2)

Amphitheater;

(3)

Animal hospital, kennel (commercial or noncommercial), and/or veterinary clinic;

(4)

Automobile service station, including gasoline sales and/or inside or outside emission testing, in conjunction with a convenience store;

(5)

Campground facilities;

(6)

Care home, convalescent center, and/or nursing home;

(7)

Cemetery;

(8)

Charter motor coach service;

(9)

Church and/or other place of worship;

(10)

College and/or university, including, but not limited to: classrooms, administration, housing, athletic fields, gymnasium, and/or stadium;

(11)

Commercial driving range and related accessories;

(12)

Child care facility;

(13)

Dry cleaning plant;

(14)

Experimental laboratory;

(15)

Golf course (minimum 18-hole regulation) and related accessories;

(16)

Home occupation;

(17)

Horse show, rodeo, carnival, and/or community fair;

(18)

Hospital;

(19)

Laundromat, self-service or otherwise;

(20)

Outdoor amusement facilities, rides, structures over 35 feet in height, including, but not limited to bungee and parachute jumping;

(21)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and/or stadium;

(22)

Religious tent meeting;

(23)

Seasonal sales, outdoor;

(24)

Self-storage facility (external and/or internal access);

(25)

Single-family residence and residential accessory structures and/or uses (see article III of this chapter);

(26)

Shooting range, indoor;

(27)

Stadium, athletic; and

(28)

Temporary tent sales.

(29)

Vehicle/boat sales.

(d)

Dimensional requirements. The minimum dimensional requirements in the C-H zoning district shall be as follows:

(1)

Lot area:

Where a central water distribution system is provided: 43,560 square feet (one acre).

Where central sanitary sewage and central water distribution systems are provided: 21,780 square feet (one-half acre).

(2)

Lot width: 125 feet.

(3)

Front yard setback:

Major thoroughfare:

Arterial: 75 feet.

Collector: 70 feet.

Minor thoroughfare: 65 feet.

(4)

Rear yard setback: 15 feet.

(5)

Side yard setback: 15 feet.

(6)

(7)

Height limit: 35 feet.

(8)

Screening dimensions for parking and service areas as provided in article III of this chapter and chapter 104.

(9)

Lot coverage limit, including structure and parking area: 60 percent of total lot area.

Sec. 110-145. - L-C-1, Limited-Commercial (1) District.

(a)

(b)

Permitted principal uses. The following permitted principal uses shall be allowed in the L-C-1 zoning district:

(1)

Antique shop, vintage store, thrift/second hand store, consignment store;

(2)

Art and/or crafts studio;

(3)

Bakery;

(4)

Bank and/or financial institution such as a brokerage firm, credit union, financial planning, or mortgage brokerage (no pay-day loan, check cashing or pawn establishments);

(5)

Book store:

(6)

Card, gift, and/or stationery shop;

(7)

Cellular phone sales and service;

(8)

Clothing and/or accessories such as belts and suspenders, boots and shoes, gloves, hats, jewelry, purses and handbags, ties, scarves, shawls, socks, and stockings, umbrellas, or watches;

(9)

(10)

Florist shop;

(11)

Hardware store;

(12)

Home furnishings and accessories such as area rugs, decorative items, cutlery, dishware, glassware, lamps, pictures, pillows and tablecloths;

(13)

Jewelry shop;

(14)

Mail services store;

(15)

Medical/dental office (human treatment);

(16)

Office (business and/or professional);

(17)

(18)

Restaurant/restaurant takeout and catering.

(c)

Conditional uses. The following conditional uses shall be allowed in the L-C-1 zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Single-family residence and residential accessory structures and uses (see article III of this chapter); and

(2)

Home occupation.

(d)

Regulations. The following regulations shall apply to the L-C-1 zoning district in addition to any other applicable regulations.

(1)

(2)

No outside storage will be permitted.

(3)

The lot shall have direct access to an arterial street.

(4)

No drive-through, drive-in, or drive-up facilities allowed.

(e)

Dimensional requirements. The minimum dimensional requirements in the L-C-1 zoning district shall be as follows:

(1)

Lot area:

Where public water is available: 43,560 square feet (one acre).

Where public water is not available: 65.340 square feet (one and one-half acres).

(2)

Lot width: 125 feet.

(3)

Front yard setback:

Major thoroughfare:

Arterial: 75 feet.

Collector: 60 feet.

Minor thoroughfare: 55 feet.

(4)

Rear yard setback: 15 feet.

(5)

Side yard setback: 15 feet.

(6)

Height limit: 35 feet.

(7)

(8)

(9)

Lot coverage limit, including structure and parking area: 60 percent of the total lot area.

(Code 1992, § 20-6-21; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2016-15, § 2, 7-28-2016; Ord. No. 2018-03, § 13, 9-22-2018)

Sec. 110-145.5. - L-C-2, limited-commercial (2) district.

(a)

(b)

Permitted principal uses. The following permitted principal uses shall be allowed in the L-C-2 zoning district:

(1)

Antique shop, vintage store, thrift/second hand store, consignment store;

(2)

Art and/or crafts studio;

(3)

Bakery;

(4)

Bank and/or financial institution such as a brokerage firm, credit union, financial planning, or mortgage brokerage (no pay day loan, check cashing or pawn establishments);

(5)

Book store;

(6)

Card, gift, and/or stationery shop;

(7)

Cellular phone sales and service;

(8)

Clothing and/or accessories such as belts and suspenders, boots and shoes, gloves, hats, jewelry, purses and handbags, ties, scarves, shawls, socks, and stockings, umbrellas, or watches;

(9)

Copy and/or print shop;

(10)

(11)

Florist shop;

(12)

Hardware store;

(13)

Home furnishings and accessories such as area rugs, decorative items, cutlery, dishware, glassware, lamps, pictures, pillows and tablecloths;

(14)

Jewelry shop;

(15)

Mail services store;

(16)

Medical/dental office (human treatment);

(17)

Office (business and/or professional);

(18)

(19)

Restaurant/restaurant takeout and catering.

(c)

Conditional uses. The following conditional uses shall be allowed in the L-C-2 zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Convenience commercial establishment;

(2)

Single-family residence and residential accessory structures and uses (see article III of this chapter); and

(3)

Home occupation.

(d)

Regulations. The following regulations shall apply to the L-C-2 zoning district in addition to any other applicable regulations.

(1)

(2)

No outside storage will be permitted.

(3)

The lot shall have direct access to an arterial street.

(4)

No drive-through, drive-in, or drive-up facilities allowed.

(e)

Dimensional requirements. The minimum dimensional requirements in the L-C-2 zoning district shall be as follows:

(1)

Lot area:

Where public water is available: 43,560 square feet (one acre).

Where public water is not available: 65,340 square feet (one and one-half acres).

(2)

Lot width: 125 feet.

(3)

Front yard setback:

Major thoroughfare:

Arterial: 75 feet.

Collector: 60 feet.

Minor thoroughfare: 55 feet.

(4)

Rear yard setback: 15 feet.

(5)

Side yard setback: 15 feet.

(6)

Height limit: 35 feet.

(7)

(8)

(9)

Lot coverage limit, including structure and parking area: 60 percent of the total lot area.

(Ord. No. 2016-15, § 3, 7-28-2016; Ord. No. 2018-03, § 13, 9-22-2018)

Sec. 110-146. - M-1, Light Industrial District.

(a)

(b)

Permitted uses. The following permitted uses shall be allowed in the M-1 zoning district:

(1)

Ambulance service, including non-emergency medical transport service;

(2)

Amusement and recreational facilities, indoor or outdoor (athletic/sports instruction facilities and recreation and athletic fields and facilities);

(3)

Appliance sales and/or repair;

(4)

Architectural and/or design firms;

(5)

Armories, for meeting and training of military organizations;

(6)

Blueprinting and/or graphics service;

(7)

Bookbinding;

(8)

Building construction/contracting and related activities;

(9)

Building supply sales;

(10)

Bus passenger station;

(11)

Cabinet manufacturing, sales, repair, and/or installation;

(12)

Carwash and/or detailing facility;

(13)

Charter motor coach service;

(14)

Copy shop;

(15)

Dental laboratory;

(16)

Delivery and/or courier service;

(17)

Electronic sales and/or repair;

(18)

Emission testing facility (inside only);

(19)

Engineering firms;

(20)

Engraving;

(21)

Farmer's market;

(22)

Feed and/or fertilizer sales;

(23)

Firearm sales and/or gunsmith;

(24)

Flooring sales and/or installation;

(25)

Freezer locker service;

(26)

Freight express office;

(27)

Furniture store;

(28)

Glass sales;

(29)

Grading service;

(30)

Greenhouse;

(31)

Home furnishings and accessories;

(32)

Horse show and equine activity facilities;

(33)

Ice storage;

(34)

Insecticide sales and/or storage;

(35)

Janitorial service and/or supply;

(36)

Land development firms;

(37)

Land surveying service;

(38)

Landscaping service;

(39)

Light manufacturing, including the following:

Appliance and/or electronic device assembly plant, including the manufacturing of parts for appliances and/or electronic devices;

Assembly of products from previously prepared materials;

Bottling and/or canning plant;

Ceramic products, provided that kilns shall only be by gas and/or electricity;

Construction of signs, including painted signs;

Cooperage;

Ice manufacturing;

Laundry, cleaning and/or dying plants;

Light sheet metal products such as ventilating ducts and eaves;

Manufacturing of food, cosmetic and pharmaceutical products, but not including fish and meat products, sauerkraut, vinegar, yeast and rendering plants;

Machine/welding shop and related activities;

Other manufacturing, processing, packaging, or handling of a similar nature which shall not emit or produce more smoke, noise, odor, dust, vibration, or fumes than the uses listed herein;

Production and/or sales of commercial/industrial hardware, such as tools, fasteners, fittings, machine parts, etc.;

Tinsmith and/or roofing service;

Concrete, gravel and/or mulch production and/or distribution;

(40)

Locksmith;

(41)

Magazine publication and/or distribution;

(42)

Medical laboratory;

(43)

Manufactured home and/or building assembly and/or sales;

(44)

Newspaper publication and/or distribution;

(45)

Office equipment service and repair;

(46)

Parking garage/lot;

(47)

Pest control;

(48)

Petroleum bulk plant (storage);

(49)

Photostating;

(50)

Planing and/or saw mill;

(51)

Plant nursery, growing crops/garden and related sales;

(52)

Printing plant;

(53)

Radio studio;

(54)

Railroad freight station;

(55)

Railroad passenger station;

(56)

Rent-alls;

(57)

Restaurants (drive-in/drive-through prohibited);

(58)

Restaurant supply;

(59)

Rodeo/rodeo facilities;

(60)

Seed sales and/or storage;

(61)

Security system service;

(62)

Shell home display;

(63)

Solar farm;

(64)

Taxidermist;

(65)

Taxi service/limousine service/shuttle service/charter motor coach service;

(66)

Television/movie studio/media productions;

(67)

Tire sales;

(68)

Trade school;

(69)

Uniform services;

(70)

Utility trailer sales and/or rentals;

(71)

Warehousing and/or distribution;

(72)

Wholesaling;

(73)

Wrecker, towing, impoundment, and/or automotive recovery/transport; and

(74)

Vehicle/boat sales and repairs, paint and/or body shop, parts store including rebuilding of parts, parking lot or garage, upholstery shop.

(c)

Conditional uses. The following conditional uses shall be allowed in the M-1 zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Aircraft landing area;

(2)

Amphitheatre;

(3)

Animal hospital, kennel (commercial or noncommercial), and/or veterinary clinic;

(4)

Experimental labs;

(5)

Feed lot and/or commercial barn;

(6)

Home occupation;

(7)

Outdoor amusement facilities, rides, structures over 35 feet in height, including, but not limited to, bungee and parachute jumping;

(8)

Recycling facility;

(9)

Self-storage facility (external and/or internal access);

(10)

Shooting range, indoor;

(11)

Shooting range, outdoor;

(12)

Single-family residence and residential accessory structures and uses (see article III of this chapter);

(13)

Stadium, athletic; and

(14)

Wind farm.

(d)

Dimensional requirements. The minimum dimensional requirements in the M-1 zoning district shall be as follows:

(1)

Lot area:

Where a central water distribution system is provided: 43,560 square feet (one acre).

Where central sanitary sewage and central water distribution systems are provided: 21,780 square feet (one-half acre).

(2)

Lot width: 125 feet.

(3)

Front yard setback:

Major thoroughfare:

Arterial: 100 feet.

Collector: 80 feet.

Minor thoroughfare: 65 feet.

(4)

Rear yard setback: 25 feet.

(5)

Side yard setback: 25 feet.

(6)

(7)

Height limit: 50 feet.

(8)

Lot coverage limit, including structure and parking area: 70 percent of total lot area.

(9)

Screening dimensions for storage areas, loading docks and parking (see article III of this chapter and chapter 104).

Sec. 110-147. - M-2, Manufacturing and Heavy Industrial District.

(a)

(b)

Permitted uses. The following permitted uses shall be allowed in the M-2 zoning district:

(1)

Acid storage and manufacture;

(2)

Railroad classification and repair yard;

(3)

Truck terminal;

(4)

Ambulance service, including non-emergency medical transport service;

(5)

Armories, for meeting and training of military organizations;

(6)

Bookbinding;

(7)

Building construction/contracting and related activities;

(8)

Building supply sales;

(9)

Engraving;

(10)

Feed, pesticides, and/or fertilizer sales and/or storage;

(11)

Freezer locker service;

(12)

Freight express office;

(13)

Glass manufacturing;

(14)

Grading service;

(15)

Greenhouse;

(16)

Ice storage;

(17)

Light manufacturing, including the following:

Appliance and/or electronic device assembly plant, including the manufacturing of parts for appliances and/or electronic devices;

Assembly of products from previously prepared materials;

Bottling and/or canning plant;

Ceramic products provided that kilns shall only be by gas and/or electricity;

Construction of signs, including painted signs;

Cooperage;

Ice manufacturing;

Laundry, cleaning and/or dying plants;

Light sheet metal products such as ventilating ducts and eaves;

Manufacturing of food, cosmetic and pharmaceutical products, but not including fish and meat products, sauerkraut, vinegar, yeast and rendering plants;

Machine and/or welding shop and related activities;

Other manufacturing, processing, packaging, or handling of a similar nature, which shall not emit or produce more smoke, noise, odor, dust, vibration, or fumes than the uses listed herein;

Production and/or sales of commercial/industrial hardware, such as tools, fasteners, fittings, machine parts, etc.; and

Tinsmith and/or roofing service.

(18)

Magazine publication and/or distribution;

(19)

Manufactured home and/or building assembly and/or sales;

(20)

Newspaper publication and distribution;

(21)

Parking lot and/or garage;

(22)

Pest control;

(23)

Petroleum bulk plant (storage and/or recycling);

(24)

Photostating;

(25)

Planing and/or saw mill;

(26)

Plant nursery, growing crops/garden and related sales;

(27)

Printing plant;

(28)

Public utility facilities;

(29)

Railroad freight station;

(30)

Seed sales and/or storage;

(31)

Solar farm;

(32)

Tire recapping;

(33)

Warehousing and/or distribution;

(34)

Wholesaling;

(35)

Wrecker, towing, impoundment, and/or automotive recovery/transport; and

(36)

Vehicle/boat sales and repairs, paint and/or body shop, parts store including rebuilding of parts, parking lot or garage, upholstery shop.

(c)

Conditional uses. The following conditional uses shall be allowed in the M-2 zoning district, provided that all conditions specified in article V of this chapter are met:

(1)

Aircraft landing area;

(2)

Experimental lab;

(3)

Heavy manufacturing, packaging, processing or handling of materials;

(4)

Home occupation;

(5)

Junkyard and/or auto graveyard;

(6)

Landfill;

(7)

Mining and/or quarrying;

(8)

Single-family residence and residential accessory structures and uses (see article III of this chapter);

(9)

Transfer station for household/commercial garbage and/or recyclable materials (including processing and handling); and

(10)

Wind farm.

(d)

Dimensional requirements. The minimum dimensional requirements in the M-2 zoning district shall be as follows:

(1)

Lot area: 87,120 square feet (two acres).

(2)

Lot width: 125 feet.

(3)

Front yard setback:

Major thoroughfare:

Arterial: 100 feet.

Collector: 80 feet.

Minor thoroughfare: 65 feet.

(4)

Rear yard setback: 25 feet.

(5)

Side yard setback: 25 feet.

(6)

(7)

Height limit: 50 feet.

(8)

Lot coverage limit, including structure and parking area: 70 percent of total lot area.

(9)

Screening dimensions for storage areas, loading docks, and parking (see article III of this chapter and chapter 104).

(Code 1992, § 20-6-23; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2013-20, § 4, 11-14-2013; Ord. No. 2018-03, § 13, 9-22-2018; Ord. No. 2021-09, § 6, 5-27-2021)

Sec. 110-148. - BTP, Business Technology Park District.

(a)

(b)

Permitted uses. The following permitted uses shall be allowed in the BTP zoning district:

(1)

Business, professional, and/or government offices;

(2)

Scientific, medical, and/or research laboratories;

(3)

Business support centers and/or call centers;

(4)

Financial, credit, real estate, and/or insurance establishments;

(5)

Publishing and/or printing;

(6)

Computer services and/or information technology;

(7)

Television/radio broadcasting studio, movie/media productions and/or telecommunication;

(8)

Training center, trade school, and/or vocational center;

(9)

Educational/instructional/tutoring facilities, including, but not limited to: art; computer; dance; driving and/or DUI; martial arts; music; professional/business/trade; and similar facilities;

(10)

College and/or university, classrooms and/or administration only;

(11)

Warehousing, wholesaling and/or distribution of products and/or merchandise, but not including, retail sales of consumer goods such as are usually sold to the general public;

(12)

Shipping and/or courier service; and

(13)

Light manufacturing and/or fabricating and/or assembling of products, including, but not limited to, the following:

Production of food, beverages, cosmetics, and/or pharmaceuticals, but not including, fish and meat products, sauerkraut, vinegar, yeast, and rendering plants;

Fabrication and assembly of metal, wood, cloth, and/or plastic products; and

Production of computer and/or electronic components and products.

(c)

Conditional uses. The following conditional uses shall be allowed in the BTP zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Single-family residence and residential accessory structures and uses (see article III of this chapter);

(2)

Home occupation; and

(3)

College and/or university, including, but not limited to: classrooms, administration, housing, athletic fields, gymnasium, and stadium.

(d)

Dimensional requirements. The minimum dimensional requirements in the BTP shall be as follows:

(1)

Minimum site area for a BTP development: 20 acres.

(2)

Lot area: 87,120 square feet (two acres).

(3)

Lot width: 150 feet.

(4)

Front yard setback:

Major thoroughfare:

Major arterial: 100 feet.

Arterial: 100 feet.

Collector: 80 feet.

Minor thoroughfare: 65 feet.

(5)

Rear yard setback: 25 feet.

(6)

Side yard setback: 25 feet.

(7)

(8)

Height limit: 40 feet.

(9)

Lot coverage limit, including structure and parking area: 70 percent of total lot area.

(10)

Outside storage of merchandise, equipment, and parts shall be allowed in rear yards only, subject to screening, setback and buffer requirements.

All refuse areas shall be allowed in side or rear yards only, shall be screened, and comply with the required buffers and setbacks.

(11)

Each BTP development shall have a minimum of 500 feet of frontage, and access, on an arterial street as specified by the county thoroughfare plan.

(e)

Other requirements.

(1)

Utilities. All utilities shall be underground.

(2)

Multi-tenant buildings.

Location. Developable frontage on a major arterial road to a minimum depth of 300 feet shall be reserved for multi-tenant buildings.

Uses limited. Multi-tenant buildings in this area will be limited to the aforementioned business uses.

Restaurant/restaurant take-out (no drive-through, drive-in, or freestanding facilities shall be allowed);

Convenience store (no gasoline sales);

Blueprinting, graphic, and/or copying service;

Office and/or computer supplies; and

Cellular phone/communication device supplies and/or service.

(f)

Rezoning requirements. The following is required for a rezoning petition for the BTP zoning district in addition to what is normally required for a rezoning petition:

(1)

A delineation of the business use area and the light manufacturing/distribution use area, including the acreage within each area and the 30-foot separation buffer;

A delineation of the internal transportation network, including roads, multi-use paths, and inter-parcel access/roads as applicable;

Requirements of any overlay zone which is applicable to the property; and

Indicate and label existing structures to remain.

(Code 1992, § 20-6-24; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2012-14, § 5, 12-13-2012; Ord. No. 2018-03, § 13, 9-22-2018)

Sec. 110-149. - Planned unit development.

(a)

Purpose. The intent of this section is to:

(1)

(2)

Encourage flexible and creative concepts in site planning;

(3)

Preserve the natural amenities of the land by encouraging scenic and functional open spaces;

(4)

Accomplish a more desirable environment than would be possible through the strict application of minimum requirements of this chapter;

(5)

Provide for an efficient use of land resulting in smaller networks of utilities and streets and thereby lower development and housing costs; and

(6)

Provide an environment of stable character compatible with surrounding areas.

(b)

Development standards. Each planned unit development shall meet the following standards in addition to any other as hereinafter set forth:

(1)

The development shall utilize creative and flexible design including, but not limited to: varied lot sizes, amenities, mixed uses, etc.;

(2)

The development shall be compatible with surrounding uses and with the land use plan of the county; and

(3)

(c)

(1)

Procedures. The following procedures shall be followed in the establishment of each and every planned unit development:

Development plan. The following information shall be submitted as the development plan:

General location map;

Current topographical map clearly showing existing topographic conditions, including contour intervals of no more than 20 feet based on field survey or photogrammetric methods;

Map showing the existing floodplains and flood soil as indicated by FEMA;

Legal description of the subject property;

Elevations of building types for all nonresidential structures which indicate the proposed general architectural style and appearance; and

If a proposed development creates special problems or involves unusual circumstances, additional information may be required in order to properly evaluate the proposal as follows:

(i)

Off-street parking and loading plan;

(ii)

Economic feasibility report or market analysis;

(iii)

Area traffic study and circulation plan within the development and to and from existing thoroughfares;

(iv)

Hydraulic, hydrologic; and drainage engineering studies;

(v)

Environmentally sensitive areas, including, but not limited to: watershed protection, wetlands, or groundwater recharge, impact study;

(vi)

Summary of intent. The written statement submitted with the development plan shall include the following information:

Statement of the present ownership of all land within the proposed development;

General statement of the proposed development schedule and progression of unit development or staging; and

Approval.

Subdivision approval.

In no case shall final subdivision approval precede the approval of the development plan.

Site development regulations, specifications, and procedures governing the platting of a planned unit development and plat approval shall be in accordance with chapter 104, article XV.

(d)

Planned residential development.

(1)

(2)

(3)

Permitted recreational uses. A list of proposed recreational uses shall be submitted with the summary of intent. Only those uses approved through the rezoning process shall be allowed in the PRD.

(4)

Permitted incidental uses. The following incidental uses shall be allowed in a PRD:

Day care facility (including an outdoor play area only);

Church and/or other place of worship (including a parsonage and outdoor play area only); and

School, private (including an outdoor play area but excluding housing or a stadium).

The buffers and setbacks for these uses along the exterior boundary of the PRD shall be consistent with the applicable conditional use requirements listed in article V of this chapter.

(5)

Conditional uses. The following conditional uses shall be allowed in the PRD zoning district, provided that all conditions specified in article V of this chapter are met:

Home occupation; and

Horse quarters (see article III of this chapter).

(6)

Minimum dimensional and other requirements. The minimum dimensional requirements in the PRD shall be as follows:

Development size: 100 contiguous acres located within the A-R and/or residential zoning districts

Each single-family dwelling shall be placed on a separate lot.

Side yard setback: 15 feet.

Rear yard setback: 30 feet.

(7)

Common open space requirements. Planned residential developments shall meet the following common open space requirements:

Approved recreational uses may be located in the open space.

(8)

(e)

Planned industrial park.

(1)

(2)

(3)

Minimum dimensional and other requirements. The minimum requirements for a PIP shall be as follows:

Location: M-1 or M-2 Zoning District.

The development shall have access and egress only to an arterial thoroughfare.

Development size: ten acres.

Front, side, and rear yard setbacks along the exterior boundaries of the development shall be consistent with either the M-1 or M-2 zoning district, whichever is applicable.

Height limit: 35 feet.

A buffer of 75 feet shall be provided around the periphery of the development.

(f)

Planned retreat and/or lodge.

(1)

(2)

Permitted uses. The following uses may be proposed in a PRL:

Assembly/meeting facilities (indoor and outdoor);

Dining facilities;

Lodges, dormitories, cabins, and/or tent campsites for temporary occupancy;

Recreational facilities, including, but not limited to: recreational courts/fields, playgrounds, picnic pavilions, swimming pools;

Caretaker and/or staff housing; and

Solar farm (limited to a net metered facility only), provided that any inoperative equipment is repaired or disposed of in a reasonable time and manner.

(3)

Minimum dimensional and other requirements. The minimum requirements for a PRL shall be as follows:

Location: A-R zoning district.

Development size: 50 contiguous acres.

Maximum density: One single-family unit for each ten net acres of the development.

The proposed site shall be permitted only on a lot which fronts on and accesses a major thoroughfare, as specified by the county thoroughfare plan.

A site plan will be required prior to the construction of structures and/or recreational facilities, as applicable, per chapter 104.

Each structure whose purpose is to provide lodging shall have paved access to a public street. Said access shall meet the requirements of chapter 104.

No structure shall be permitted within 150 feet of the right-of-way (existing or required) of any existing street abutting or bisecting the development.

Height limit: 35 feet.

(g)

Planned entertainment farming.

(1)

(2)

Permitted uses. The following permitted uses shall be allowed in a PEF:

Single-family dwelling and accessory uses and structures associated with the single-family dwelling exclusively as per article III of this chapter;

Farm buildings (shall be bona fide structures related to the farming operation);

Growing of crops;

Raising and selling livestock;

Dairy farm and production;

Greenhouses and shrubbery sales;

Farmer's market (limited to sales of crops grown on premises by owner of property);

Pick-your-own produce;

Processing of agricultural products (shall meet conditional use requirements per the A-R zoning district);

Horse stables and horseback riding;

Horse show (by permit, temporary, 14 days per year);

Rodeo (by permit, temporary, 14 days per year);

Petting zoo;

Educational tours;

Picnic area;

Sit-down restaurant, banquet facility, bakery and catering (no drive-through, and selling of alcoholic beverages, shall be prohibited) (minimum seating capacity of 50 persons);

Gift shop in association with restaurant only; and

Pay fishing and bait sales in association with pay fishing.

(3)

Conditional uses. The following conditional use shall be allowed in the PUD PEF zoning district provided that all conditions specified in article V of this chapter are met: home occupation.

(4)

Minimum dimensional and other requirements. The minimum requirements for PEF shall be as follows:

Location: A-R zoning district.

Development size: 100 contiguous acres.

Single-family dwellings and those accessory uses and structures associated with the single-family dwelling shall meet those requirements established within the A-R zoning district.

All other nonresidential structures shall meet the following setbacks:

Front yard: 200 feet.

Rear yard: 100 feet.

Side yard: 100 feet.

A site plan is required indicating the location of all structures/activities per chapter 104.

All parking and access areas shall be paved and landscaped per chapter 104.

All service areas shall be screened per article III of this chapter.

All parking and service areas shall be to the rear of any restaurant building.

Only structures whose principal purpose is for the storage of farm equipment and/or animals may have a metal facade. All other structures shall have a non-metallic facade.

Shall comply with all county, (including fire marshal), state and federal requirements.

(h)

Planned outdoor recreation.

(1)

(2)

Permitted uses. The following permitted uses shall be allowed in a POR:

Outdoor athletic fields;

Outdoor athletic courts;

Accessory uses:

Picnic and playground areas;

Concession facilities;

Press box facilities;

Restroom facilities;

Maintenance and/or equipment facilities;

Ticket sales facilities;

Bleachers;

Dugouts;

Lights; and

10.

Scoreboards.

(3)

Prohibited uses. The following uses shall be prohibited in a POR:

Motorized or other wheeled vehicle sports;

Swimming pools and water related activities;

Archery;

Firearms and target range;

Explosives and fireworks;

Paintball and similar activities; and

Amusement park activities and rides.

(4)

Minimum dimensional and other requirements. The minimum requirements for a POR shall be as follows:

Development size; 50 contiguous acres.

The development shall have ingress and egress only to an arterial thoroughfare as designated by the county thoroughfare plan.

Maximum number of outdoor athletic fields and/or courts: eight.

Setbacks:

No permitted uses shall be allowed within 100 feet of the right-of-way.

No permitted uses shall be allowed within 500 feet from any A-R or residential zoning district.

No permitted uses shall be allowed within 50 feet from any nonresidential zoning district.

A buffer of 100 feet plus the required setbacks shall separate all permitted uses from any A-R or residential zoning district. Off-street parking areas may be located within the setback areas.

Landscaping and buffer areas shall be planted in accordance with chapter 104.

Paved access and paved parking shall be provided as follows:

40 spaces per outdoor athletic field; and

Ten spaces per outdoor athletic court.

Hours of operation are to be determined at the time of development plan approval. No play permitted after 10:00 p.m.

Adequate trash receptacles and grounds maintenance shall be provided to maintain a litter-free recreation area. Dumpsters shall be screened on all sides.

Outside loudspeaker system use permitted until 10:00 p.m.

Height limit: 35 feet, with the exception of lights.

(i)

Planned small business center.

(1)

(2)

(3)

Minimum dimensional and other requirements.

Minimum lot size: minimum often acres.

The proposed site shall be permitted only on a lot which fronts on and accesses a major thoroughfare, as specified by the county thoroughfare plan.

Front, side, and rear yard setbacks and buffers along the exterior boundaries of the development shall be consistent with either the O-I, C-C, C-H, or M-1 zoning district, as applicable to the use.

Location: only those areas indicated in the county Comprehensive Plan shall be given consideration for PUD-PSBC.

Height limit: 35 feet.

(j)

Planned residential and business development (PRBD).

(1)

(2)

(3)

(4)

(5)

Minimum dimensional and other requirements in the PRBD shall be as follows:

Development size: 75 contiguous acres.

The proposed development shall be permitted only on a lot which fronts on and accesses a major thoroughfare, as specified by the county thoroughfare plan.

A minimum buffer of 100 feet shall be provided around the side and rear periphery of the development (see Sec. 110-94).

Minimum lot size: 15 acres.

Minimum lot width: 250 feet.

Front yard setback: 75 feet.

Side yard setback: 50 feet (except where the 100 foot buffer is applicable).

Rear yard setback: 75 feet (except where the 100 foot buffer is applicable).

New single-family dwelling minimum floor area: 2,100 square feet.

Height limit: 35 feet.

Lights shall be established in such a way that adjacent properties and residents are not adversely affected, and that no direct light is cast upon said properties and residents.

The operator of the business shall be one of the following:

The business operator is the owner/occupant of the property and the business is not owned by a corporation or partnership; or

The property and business is owned by a corporation or partnership in which case the operator/occupant shall be an officer of the corporation or a partner in the case of a partnership.

No more than five (5) persons shall be employed on-site by a business, not including the owner/occupants.

All vehicles associated with the business must be parked in the rear yard only.

The hours of operation, in the context of clients/customers shall be limited to 9:00 a.m. to 5:00 p.m., Monday through Saturday.

(i)

Exterior and interior parking aisles shall be terminated at both ends by a landscape island.

(ii)

Landscape islands shall be provided for each 150 feet of continuous parking length.

(iii)

One (1) canopy tree, six (6) feet high at planting, is required per landscape island.

Paved parking areas shall meet the nonresidential development landscape requirements of the Fayette County Development Regulations.

Signage on individual lots shall be regulated under Sec. 108-135(a). Signage located at the entrance of a subdivision served by an internal local road shall be regulated under Sec. 108-135(b).

(Code 1992, § 20-6-25; Ord. of 8-25-2011; Ord. No. 2012-09, § 4, 5-24-2012; Ord. No. 2016-11, § 1, 5-26-2016; Ord. No. 2017-03, § 1, 10-26-2017; Ord. No. 2018-03, § 14, 9-22-2018)

Sec. 110-150. - G-B, General-Business District.

(a)

(b)

Permitted uses. The following permitted uses shall be allowed in the G-B zoning district:

(1)

Auction house (indoor only);

(2)

Banquet hall and/or catering service;

(3)

Business, professional, and/or government offices;

(4)

Business support centers and/or call centers;

(5)

College and/or university, classrooms and/or administration only;

(6)

Computer data services and/or information technology;

(7)

Educational/instructional/tutoring facilities, including, but not limited to: art; computer; dance; driving and/or DUI; martial arts; music; professional/business/trade; and similar facilities;

(8)

Financial, credit, real estate, and/or insurance establishments (excluding retail banking facilities or pawn establishments);

(9)

Health club, fitness center, and/or indoor athletic facility (excluding bowling alleys, pool rooms and skating rinks);

(10)

Medical supply and equipment sales;

(11)

Printing, graphic, blue printing, photography lab, and/or reproduction service;

(12)

Private school, including, classrooms and/or administration only;

(13)

Publishing and distribution;

(14)

Restaurant supply;

(15)

Scientific, medical/dental, and/or research laboratories;

(16)

(17)

Training center, trade school, and/or vocational centers.

(c)

Conditional uses. The following conditional uses shall be allowed in the G-B zoning district provided that all conditions specified in article V of this chapter are met:

(1)

Single-family residence and residential accessory structures and uses (see article III of this chapter);

(2)

Home occupation;

(3)

College and/or university, including, but not limited to: classrooms, administration, housing, athletic fields, gymnasium, and stadium;

(4)

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic fields, gymnasium, and/or stadium; and

(5)

Self-storage facility (external and/or internal access).

(d)

Dimensional requirements. The minimum dimensional requirements in the G-B shall be as follows:

(1)

Lot area:

Where public water is available: 43,560 square feet (one acre).

Where public water is not available: 65,340 square feet (1.5 acres).

(2)

Lot width: 125 feet.

(3)

Front yard setback:

Major thoroughfare:

Major arterial: 100 feet.

Arterial: 100 feet.

Collector: 80 feet.

Minor thoroughfare: 65 feet.

(4)

Rear yard setback: 25 feet.

(5)

Side yard setback: 25 feet.

(6)

(7)

Height limit:

40 feet.

The required minimum acreage shall be increased based on building height per the table below:

Height Limit	Required Acreage
50 feet	20—50
55 feet	> 50—75
60 feet	> 75—100
65 feet	> 100

(8)

Lot coverage limit, including structures and parking area: 70 percent of total lot area.

(9)

Outside storage of merchandise, equipment, parts, and business vehicles shall be allowed in side or rear yards only, subject to screening, setback and buffer requirements.

All refuse areas shall be allowed in side or rear yards only, shall be screened, and comply with the required buffers and setbacks.

(Code 1992, § 20-6-26; Ord. No. 2012-14, § 4, 12-13-2012; Ord. No. 2013-05, 7-25-2013; Ord. No. 2018-03, § 13, 9-22-2018; Ord. No. 2021-05, § 3, 3-25-2021)

Fayette County UnincorporatedCity Zoning Code

ARTICLE IV

Sec. 110-124.- Purpose.

Sec. 110-125. - A-R, Agricultural-Residential District.

Sec. 110-126. - C-S, Conservation Subdivision District.

Sec. 110-127. - EST, Estate Residential District.

Sec. 110-128. - R-85, Single-Family Residential District.

Sec. 110-129. - R-80, Single-Family Residential District.

Sec. 110-130. - R-78, Single-Family Residential District.

Sec. 110-131. - R-75, Single-Family Residential District.

Sec. 110-132. - R-72, Single-Family Residential District.

Sec. 110-133. - R-70, Single-Family Residential District.

Sec. 110-134. - R-55, Single-Family Residential District.

Sec. 110-135. - R-50, Single-Family Residential District.

Sec. 110-136. - R-45, Single-Family Residential District.

Sec. 110-137. - R-40, Single-Family Residential District.

Sec. 110-138. - R-20, Single-Family Residential District.

Sec. 110-139. - DR-15, One- and Two-Family Residential District.

Sec. 110-140. - RMF, Multi-Family Residential District.

Sec. 110-141. - MHP, Manufactured Home Park District.

Sec. 110-142. - O-I, Office-Institutional District.

Sec. 110-143. - C-C, Community Commercial District.

Sec. 110-144. - C-H, Highway Commercial District.

Sec. 110-145. - L-C-1, Limited-Commercial (1) District.

Sec. 110-145.5. - L-C-2, limited-commercial (2) district.

Sec. 110-146. - M-1, Light Industrial District.

Sec. 110-147. - M-2, Manufacturing and Heavy Industrial District.

Sec. 110-148. - BTP, Business Technology Park District.

Sec. 110-149. - Planned unit development.

Sec. 110-150. - G-B, General-Business District.

Fayette County UnincorporatedCity Zoning Code

ARTICLE IV

Sec. 110-124.- Purpose.

Sec. 110-125. - A-R, Agricultural-Residential District.

Sec. 110-126. - C-S, Conservation Subdivision District.

Sec. 110-127. - EST, Estate Residential District.

Sec. 110-128. - R-85, Single-Family Residential District.

Sec. 110-129. - R-80, Single-Family Residential District.

Sec. 110-130. - R-78, Single-Family Residential District.

Sec. 110-131. - R-75, Single-Family Residential District.

Sec. 110-132. - R-72, Single-Family Residential District.

Sec. 110-133. - R-70, Single-Family Residential District.

Sec. 110-134. - R-55, Single-Family Residential District.

Sec. 110-135. - R-50, Single-Family Residential District.

Sec. 110-136. - R-45, Single-Family Residential District.

Sec. 110-137. - R-40, Single-Family Residential District.

Sec. 110-138. - R-20, Single-Family Residential District.

Sec. 110-139. - DR-15, One- and Two-Family Residential District.

Sec. 110-140. - RMF, Multi-Family Residential District.

Sec. 110-141. - MHP, Manufactured Home Park District.

Sec. 110-142. - O-I, Office-Institutional District.

Sec. 110-143. - C-C, Community Commercial District.

Sec. 110-144. - C-H, Highway Commercial District.

Sec. 110-145. - L-C-1, Limited-Commercial (1) District.

Sec. 110-145.5. - L-C-2, limited-commercial (2) district.

Sec. 110-146. - M-1, Light Industrial District.

Sec. 110-147. - M-2, Manufacturing and Heavy Industrial District.

Sec. 110-148. - BTP, Business Technology Park District.

Sec. 110-149. - Planned unit development.

Sec. 110-150. - G-B, General-Business District.

Fayette County UnincorporatedCity Zoning Code

ARTICLE IV

Sec. 110-124.- Purpose.

Sec. 110-125. - A-R, Agricultural-Residential District.

Sec. 110-126. - C-S, Conservation Subdivision District.

Sec. 110-127. - EST, Estate Residential District.

Sec. 110-128. - R-85, Single-Family Residential District.

Sec. 110-129. - R-80, Single-Family Residential District.

Sec. 110-130. - R-78, Single-Family Residential District.

Sec. 110-131. - R-75, Single-Family Residential District.

Sec. 110-132. - R-72, Single-Family Residential District.

Sec. 110-133. - R-70, Single-Family Residential District.

Sec. 110-134. - R-55, Single-Family Residential District.

Sec. 110-135. - R-50, Single-Family Residential District.

Sec. 110-136. - R-45, Single-Family Residential District.

Sec. 110-137. - R-40, Single-Family Residential District.

Sec. 110-138. - R-20, Single-Family Residential District.

Sec. 110-139. - DR-15, One- and Two-Family Residential District.

Sec. 110-140. - RMF, Multi-Family Residential District.

Sec. 110-141. - MHP, Manufactured Home Park District.

Fayette County Unincorporated
City Zoning Code

Fayette County Unincorporated
City Zoning Code

Fayette County Unincorporated
City Zoning Code