Fayette County Unincorporated
City Zoning Code

ARTICLE V

- CONDITIONAL USES, NONCONFORMANCES, AND TRANSPORTATION CORRIDOR OVERLAY ZONE

Sec. 110-169.- Conditional use approval.

Conditional uses include certain uses which are allowed in a particular zoning district, provided that all conditions specified under this chapter are met. The zoning administrator shall issue a conditional use permit for each use listed below upon compliance with all specified conditions and approvals by the appropriate county officials.

(1)

Special regulations. Prior to the issuance of a conditional use permit and/or building permit, a site plan, as applicable to demonstrate compliance shall be submitted to the zoning administrator and approved by the applicable departments. This requirement shall apply to all conditional uses allowed within the various zoning districts except for: farm outbuildings, home occupations, single-family residences, and temporary meetings and/or events which are conducted no longer than 14 calendar days per year.

(2)

Conditional uses allowed.

Adult day care facility. Allowed in the C-C, C-H, and O-I zoning districts and church or other place of worship (see article V of this chapter).

The facility shall comply with all applicable licensing requirements of the state.

The hours of operation shall be limited to: 6:00 a.m. to 10:00 p.m.

Aircraft landing area. Allowed in the A-R, M-1, and M-2 zoning districts. The intent of these rules and regulations is to provide a safer environment for the operation of aircraft.

FAA air space clearance approval for visual flying flight operations and landing areas shall be required, where applicable.

For any newly developed landing area for fixed wing aircraft, a 1,000-foot clear zone as defined by the FAA extending from the end of all runways shall be maintained through ownership or easement, and in no case, shall the end of a runway be closer than 200 feet from the property line.

Any newly developed landing area for fixed wing aircraft shall be located at least 300 feet, as measured from the centerline of the runway, from all property lines.

Any on-site roofed structure shall be set back at least 200 feet from the nearest point on the centerline of the runway.

Heliport. These regulations shall not apply to a hospital which maintains a heliport for medical purposes.

(i)

FAA air space clearance approval for visual flying flight operations and landing areas shall be required, where applicable.

(ii)

A site plan, prepared by a registered surveyor, indicating the heliport landing area and center point on the lot and setbacks shall be required. The center point of the heliport landing area shall be indicated on the lot.

(iii)

A heliport shall be a minimum of 300 feet from all property lines as measured from the center point of the heliport landing area.

Aircraft hangar. Allowed in the A-R, M-1 and M-2 zoning districts.

(i)

An aircraft hangar shall comply with all of the criteria of subsection (2)b.1 through 5 of this section.

(ii)

Use of an aircraft hangar shall be limited to storage and maintenance of aircraft. Outdoor storage of aircraft parts is prohibited. An aircraft hangar shall not include any living quarters or be used for residential purposes.

(iii)

In the A-R zoning district, on lots of less than ten acres in size, there shall be a maximum of one detached hangar allowed.

In the A-R zoning district, no trade or business of any kind shall be conducted from an aircraft hangar.

In the A-R zoning district, a detached aircraft hangar shall be subject to the following:

(i)

A detached hangar is an accessory structure which shall require a building permit, and shall comply with minimum building setbacks.

(ii)

A detached hangar shall not be constructed prior to construction of the single-family dwelling.

(iii)

A detached hangar shall be located to the side or rear of the principal dwelling.

(iv)

A detached hangar shall not exceed 5,000 square feet in size including workshop, restroom, and storage areas.

Amphitheater. Allowed C-H and M-1 zoning districts.

Hours of operation shall be limited to between the hours of 12:00 noon and 9:00 p.m. weekdays and 10:00 p.m. weekends.

The outdoor amphitheater shall not be located closer than 300 feet from any A-R or residential zoning districts.

Such use shall only be permitted on a lot which fronts on a major thoroughfare as designated by the county thoroughfare plan. All access is limited to the major thoroughfare only unless such use is within a nonresidential development which has access to a major thoroughfare.

Animal hospital, kennel, and/or veterinary clinic. Allowed in A-R, C-C, C-H, and M-1 zoning districts. All structures, pens, runs, or enclosures shall not be located closer than 300 feet from any A-R or residential zoning district.

Animal hospital and/or veterinary clinic. Excludes commercial and noncommercial kennel. Allowed in O-I zoning district. All structures shall not be located closer than 55 feet (30-foot buffer and 25-foot setback) from any A-R or residential zoning district. No outside activity (runs, pens, or enclosures) or boarding is allowed except during the convalescent period.

A-R bed and breakfast inn. Allowed in the A-R zoning district.

Minimum lot size: ten (10) acres.

The bed and breakfast inn shall be limited to no more than five guestrooms and no more than 10 occupants. Maximum permitted capacity shall be set by the Fayette County Health Department and/or Fayette County Fire Marshal, as applicable.

Ownership.

If the A-R bed and breakfast inn is not owned by a corporation or partnership, the A-R bed and breakfast inn operator shall be the owner/occupant of the property.

ii.

If the property and the A-R bed and breakfast inn business are owned by a corporation or partnership, the operator/occupant shall be an officer of the corporation or a partner in the case of a partnership.

These facilities shall not be permitted on a lot which accesses a road designated as an internal local road by the county thoroughfare plan and/or the county engineer.

These facilities shall meet the requirements of the County Code, Chapter 8, Article VI, Tourist Accommodations.

Adequate off-street parking shall be required. A prepared surface is not required for the parking areas. Parking areas shall be exempt from Nonresidential Development Landscape Requirements of the Fayette County Development Regulations.

A-R wedding/event facility. The facility shall be utilized for private and public weddings and events by a third party who provides some form of consideration to the owner or his/her agent. The facility shall not be utilized for concerts, sporting events, or vehicle racing. A horse show, rodeo, carnival, community fair, and/or religious tent meeting shall also be allowed as regulated in this article and this section and the most restrictive conditions shall apply. A business office and/or structures utilized for event preparation and sanitation shall be allowed in conjunction with the A-R wedding and event facility. Allowed in the A-R zoning district.

Minimum lot size: fifteen acres.

These facilities shall not be permitted on a lot which accesses a road designated as an internal local road by the county thoroughfare plan and/or the county engineer.

Facilities which access an unpaved county-maintained road are limited to 12 weddings/events per calendar year. A wedding/event permit from the planning and zoning department is required prior to holding the wedding/event.

A minimum 100 foot setback shall separate all buildings and areas utilized for weddings and events from any abutting residential zoning district. Otherwise all buildings and areas utilized for weddings and events shall meet the minimum A-R setbacks.

Adequate off-street parking shall be required and a 50-foot setback shall separate parking areas from any abutting residential zoning district. A prepared surface is not required for the parking areas. However, any parking area with a prepared surface 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. Grassed and gravel parking areas shall be exempt from nonresidential development landscape requirements of the 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 canopy tree, six feet high at planting, is required per landscape island.

Paved parking areas shall meet Article V, pertaining to "Non-residential development landscape requirements," of the county development regulations.

Hours of operation for weddings and events shall be between the hours of 9:00 a.m. and 10:00 p.m. on weekdays and 9:00 a.m. and 11:00 p.m. on weekends. These hours of operation shall not limit the setup and cleanup time before and after the wedding or event.

All structures utilized in association with weddings and events shall meet all applicable building and fire codes.

Sanitation facilities shall be approved by the environmental health department.

Food service shall meet all state and local requirements.

10.

Tourist accommodations shall not be allowed in conjunction with an A-R wedding and event facility with exception of an A-R Bed and Breakfast Inn that is compliant with section 110-169 and Article VI, pertaining to "Tourist Accommodations," of Chapter 8 of the County Code.

11.

Tents shall require county fire marshal approval, as applicable.

12.

A site plan meeting the full requirements of the county development regulations is not required. A sketch, drawn to scale on a survey of the lot depicting all existing buildings and specific areas utilized for weddings and events shall be required. The survey shall also depict FEMA and MNGWPD floodplain and elevations, and watershed protection buffers and setbacks as applicable. In the event that 5,000 or more square feet of impervious surface is added in conjunction with a wedding and event facility, a site plan compliant with stormwater requirements of the county development regulations shall be required. The site will be exempt from the nonresidential development landscape requirements and tree retention, protection, and replacement of the county development regulations. A site located on a state route shall comply with the applicable transportation corridor overlay zone (Sec. 110-173) with the exception of the architectural standards.

Automobile service station, including gasoline sales and/or inside or outside emission testing, in conjunction with a convenience store. Allowed in C-C and C-H zoning districts.

Service areas, facilities, and gasoline pump islands shall not be located closer than 75 feet from a residential or A-R zoning district.

Underground storage tanks shall be set back no closer than 20 feet from all property lines.

A dynamometer shall not be utilized in conjunction with outside emission testing.

Campground facilities. Allowed in the C-H zoning district.

Campsites shall be utilized by recreational vehicles (as defined herein) and by tents (normally associated with outdoor camping), but not by manufactured housing (as defined herein).

Each campsite shall be utilized for short-term occupancy not to exceed 15 calendar days; provided, however, that the property owner or resident manager may permanently occupy one single-family dwelling.

Campground facilities shall be permitted only on a lot which fronts on a major thoroughfare (as designated by the county thoroughfare plan). All access is limited to the major thoroughfare only.

The lot area shall be at least ten acres.

The maximum density shall not exceed four campsites per gross acre.

A minimum 50-foot planted buffer plus all required setbacks shall be established around the perimeter of the entire development. Buffer areas shall be continuous except for approved access, utility casements, and signs (see chapter 108).

Minimum setbacks for structures and use areas (including campsites) as measured from required buffers:

(i)

Front yard: 75 feet.

(ii)

Side yard: 25 feet.

(iii)

Rear yard: 25 feet.

At least ten percent of the gross acreage shall be reserved for recreational areas.

Accessory uses shall be allowed provided that the following requirements are met:

(i)

Such uses and structures shall be restricted to the use of occupants of the park and their guests.

(ii)

All structures and use areas shall meet the minimum buffer and setback requirements found in subsections (2)h.6 and 7 of this section.

(iii)

Such uses and structures shall be limited to the following: rental offices; shower and restroom facilities; coin-operated laundry facilities; convenience stores; and snack bars.

(iv)

Total floor area for all structures listed in subsection (2)h.9(iii) of this section shall not exceed 3,000 square feet.

(v)

The sale of alcoholic beverages and/or automotive gasoline shall be prohibited.

10.

The site plan for the proposed campground (including all accessory structures) shall be approved by the county environmental health department.

Care home, convalescent center and/or nursing home. Allowed in the C-C, C-H, and O-I zoning districts.

Minimum lot size: three acres.

A minimum 50-foot buffer plus the required setbacks shall separate all buildings from any residential or A-R zoning district. The setback shall be measured from the buffer.

Minimum setbacks:

(i)

Front yard: 100 feet.

(ii)

Side yard: 50 feet.

(iii)

Rear yard: 50 feet.

The facility shall comply with all licensing requirements of the state.

Rooms and/or suites may be designed for housekeeping purposes; however, a central kitchen, central dining facilities to accommodate a minimum of 50 percent of the residential capacity at one seating, and central recreational facilities shall be provided.

Twenty-four-hour staff shall be required.

All rooms and/or suites shall be connected to the aforementioned central facilities through internal passageways (i.e., hallways, corridors, etc.).

Cemetery, human or pet. Allowed in A-R and C-H zoning districts. A human cemetery is also allowed in conjunction with a church or other place of worship.

Human cemetery.

(i)

The facility shall comply with all requirements of the state.

(ii)

Minimum lot area shall be ten acres.

(iii)

A crematorium or mausoleum/columbaria shall be allowed only in conjunction with a cemetery.

(iv)

A crematorium shall be set back 300 feet from all property lines.

(v)

Allowed uses and/or structures incidental to a cemetery shall include a funeral establishment building/office (where funeral services may be provided), maintenance/storage building, pavilion, chapel, restroom facility and statues/monuments.

(v)

Grave sites shall meet the setbacks and buffers applicable to the underlying zoning district. A buffer shall not be required along the common boundary where the side or rear yard abuts property developed for the following Conditional uses in a residential or A-R zoning district as regulated in sec. 110-169: cemetery, human or pet; child care facility; church and/or other place of worship; college and/or university; hospital; private school; or recreation centers owned by nonprofit organizations as so registered with the secretary of state office.

(vi)

Landscape areas shall be required and planted in accordance with chapter 104.

(vii)

Graves for pets shall meet the requirements of subsection (2)k.2(ii), (iii) and (iv) of this section.

Pet cemetery.

(i)

Minimum lot area shall be five acres.

(ii)

The remains of only one pet shall be buried in a single grave site and shall not be stacked one above another.

(iii)

The remains shall be a minimum of three feet below the grade.

(iv)

Cemetery plots shall be of sufficient size to provide for a minimum one foot undisturbed area between graves.

(v)

The owner/operator shall maintain and post a copy of the cemetery rules and regulations and a current burial plot diagram at all times.

(vi)

A pet cemetery shall be maintained in perpetuity via deed restrictions.

(vii)

(viii)

Landscape areas shall be required and planted in accordance with chapter 104.

Charter motor coach service. Allowed in C-H zoning district.

All motor coaches shall be parked to the rear of the principal structure.

All motor coaches shall be screened in accordance with article III of this chapter.

Overhead bay doors shall not be open to the street.

The following uses shall be allowed: administrative office, passenger pickup, and storage of motor coaches.

On-site maintenance/repairs are prohibited.

Child care facility. Allowed in C-C, C-H, O-I, A-R, and MHP zoning districts, and church and/or other place of worship.

The facility shall comply with all applicable licensing requirements of the state.

Outdoor play areas shall be located to the side or rear of the principal building.

At least 100 square feet of outdoor play area shall be provided for each child during the period of maximum attendance.

A fence measuring at least four feet in height shall enclose the entire play area.

If the side or rear yard abuts a residential or A-R zoning district, a minimum 50-foot buffer shall be provided adjacent to the lot line. The side yard setback shall be 50 feet. The rear yard setback shall be 75 feet. The setback shall be measured from the buffer. Said requirements shall apply to all structures and outdoor play areas. A buffer shall not be required along the common boundary where the side or rear yard abuts property developed for the following Conditional uses in a residential or A-R zoning district as regulated in sec. 110-169: cemetery, human or pet; child care facility; church and/or other place of worship; college and/or university; hospital; private school; or recreation centers owned by nonprofit organizations as so registered with the secretary of state office.

If adjoining a residential or A-R zoning district, the hours of operation shall be limited to: Monday through Saturday from 6:00 a.m. to 7:00 p.m., except that all exterior activities shall only occur from 9:30 a.m. to 4:00 p.m.

A convenient vehicle drop-off area shall be provided which fully covers the vehicle when doors are open on both sides of the vehicle, permitting vehicles to re-enter the public street in a forward manner.

Church and/or other place of worship. Allowed in O-I, C-C, C-H, A-R, R-85, R-80, R-78, R-75, R-72, R-70, R-55, R-50, R-45, R-40, R-20, and DR-15 zoning districts.

The lot area shall be at least five acres, and the lot width at the building line shall be at least 400 feet.

Such uses shall be permitted only on a lot which fronts on a major thoroughfare as designated by the county thoroughfare plan. All access is limited to the major thoroughfare only.

A minimum 50-foot buffer plus the required setbacks listed below shall separate all buildings and use areas from any residential or A-R zoning district. The setback shall be measured from the buffer. However, off-street parking areas and an unlit tot lot with a maximum size of 2,400 square feet may be located within the setback areas. A walking/running path or track may be located in the front yard setback. A buffer shall not be required along the common boundary where the side or rear yard abuts property developed for the following Conditional uses in a residential or A-R zoning district as regulated in sec. 110-169: cemetery, human or pet; child care facility; church and/or other place of worship; college and/or university; hospital; private school; or recreation centers owned by nonprofit organizations as so registered with the secretary of state office.

Minimum setbacks for structures and use areas (excluding parking areas and tot lots as defined herein).

(i)

Front yard: 100 feet.

(ii)

Side yard: 50 feet.

(iii)

Rear yard: 75 feet.

Uses and/or structures incidental to a church shall be limited to: a private school, parsonage, gymnasium, pool, playground, tot lot, outdoor athletic facility, child care facility, adult day care facility, administration, human cemetery (provided that all requirements for a cemetery herein are met), broadcast facility, including a tower (see article III of this chapter, general provisions), and seasonal sales (see this article, seasonal sales as outdoor displays) shall be allowed provided all buildings and use areas meet the minimum setback and buffer requirements.

Only portable temporary lighting for athletic facilities shall be permitted and the athletic facility shall not be lighted or used after 10:00 p.m.

Child care facilities shall be allowed provided that all requirements for child care facilities herein are met (see this article, child care facility).

Adult day care facilities shall be allowed provided that all requirements for adult day care facilities herein are met (see this article, adult day care facility).

Landscape areas shall be required in accordance with chapter 104.

10.

All buildings, other than storage buildings, shall maintain a decorative facing on those portions of the building which face public streets and any property zoned residential or agricultural-residential. The decorative facing shall consist of brick, stone, stucco, wood, or similar building materials compatible with the area.

11.

Accessory structures such as a storage building, detached garage, pavilion, and/or pool shall comply with the buffer and/or setback requirements and shall be located to the side/rear of the main sanctuary building.

12.

The construction of one open air pavilion utilized for picnics/social gatherings only is allowed under the following conditions:

(i)

The pavilion shall be constructed following the construction of the main sanctuary building;

(ii)

The floor area shall not exceed 40 percent of the square footage of the main sanctuary building; and

(iii)

The pavilion shall not be lighted or used after 10:00 p.m.

If the open air pavilion is built in conjunction with lighted restrooms and/or an attached storage building, the overall square footage shall not exceed 40 percent of the main sanctuary building square footage.

13.

Use of existing structure. When property containing legal structures (conforming or nonconforming), under the current zoning, is utilized as a church and/or place of worship under this section, the setback requirements only shall be reduced to the extent of, but only at the location of, any encroachment by the structures and said structures shall be considered legally nonconforming structures. The use of these structures shall be limited to administration, parsonage/residence, storage building, or detached garage.

College and/or university, including, but not limited to: classrooms, administration, housing, athletic facility, gymnasium, and/or stadium. Allowed in the A-R, BTP, G-B, O-I, C-C, and C-H zoning districts.

The lot area shall be at least ten acres.

If the side or rear yard abuts a residential or A-R zoning district, a minimum 50-foot buffer shall be provided adjacent to the lot line. A buffer shall not be required along the common boundary where the side or rear yard abuts property developed for the following Conditional uses in a residential or A-R zoning district as regulated in sec. 110-169: cemetery, human or pet; child care facility; church and/or other place of worship; college and/or university; hospital; private school; or recreation centers owned by nonprofit organizations as so registered with the secretary of state office.

Minimum setbacks for structures and use areas (excluding parking areas) are as follows and shall be measured from the buffer, if applicable:

(i)

Front yard: 100 feet.

(ii)

Side yard: 50 feet.

(iii)

Rear yard: 75 feet.

Uses and/or structures incidental to colleges and universities, such as a gymnasium, dormitory, fraternity, sorority, and/or outdoor athletic facility shall be allowed, provided all buildings and use areas meet the minimum setback and buffer requirements specified above.

Commercial driving range and related accessories. Related accessories limited to: putting green, chipping green, sand traps, artificial/natural surface, bunkers, pro shop, and snack bar. Allowed in C-C, C-H, and A-R zoning districts.

All structures, greens, fairways, and parking areas shall be set back at least 100 feet from any A-R or residential zoning district.

All greens, fairways, and driving areas shall be set back at least 50 feet from any nonresidential zoning district.

Said facilities shall be for daytime use only, except that lighting may be provided for facilities which are located more than 350 feet from a single-family or multifamily residence, provided that lighting is not directly visible from said residence.

No outside loudspeaker system shall be utilized.

Convenience commercial establishment. Allowed in the L-C-2 zoning district.

Maximum floor area: 3.500 square feet.

Accessory structures, including service area canopies used in conjunction with the sale of gasoline, shall maintain the same architectural character of the principal structure including the pitched roof, 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. Properties within an Overlay Zone shall comply with the applicable Architectural Standards of the Overlay Zone.

Motor vehicle vacuum cleaners shall be located to the side or rear of the principal structure.

Underground storage tanks shall he set back at least 20 feet from all property lines.

The number of gasoline pumps shall be limited to no more than six with a total of 12 pumping stations.

Deer processing facility. The facility shall only be utilized for deer processing. The facility shall not be utilized for the processing of livestock or other wild game. Allowed in the A-R zoning district.

Minimum lot size: five acres;

These facilities shall not be permitted on a lot which accesses a road designated as an internal local road by the county thoroughfare plan and/or the county engineer. Sale of the processed venison to the general public shall be prohibited. This provision shall not prohibit the processing of meat in conjunction with the department of natural resources' "Hunters for the Hungry" program;

All deer processing, including the storage of processing waste, shall take place within an enclosed structure. Said structure shall he at least 100 feet from all property lines and to the side or rear of the principal structure, as applicable. The deer processing facility shall comply with regulations for auxiliary structures (see sec. 110-169(u));

The deer processing facility shall have a current Wildlife Storage Permit from the state department of natural resources, wildlife resources division;

The deer processing facility shall have a NPDES permit, as applicable, from the environmental protection division of the state department of natural resources and said permit shall be filed with the department of environmental management;

All deer processing waste, not being routed to a rendering plant or other venders, shall be disposed of in compliance with the guidance document Disposal of Deer Processing Waste from the state department of natural resources, environmental protection division. Deer processing waste shall be treated as "commercial solid waste" and shall only be disposed of in municipal solid waste landfills (MSWL). The burial of any deer processing waste is prohibited;

A vehicle drop-off area shall be provided with a circulation pattern permitting vehicles to re-enter the public street in a forward manner. The parking area shall comply with article VIII. Off-street parking and service requirements of the development regulations. Graveled parking areas shall be exempt from nonresidential development landscape requirements of the county development regulations, but shall provide the following:

(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 county development regulations.

A site plan meeting the full requirements of the county development regulations is not required. A sketch, drawn to scale, on a survey of the lot depicting all buildings utilized for the processing facility, parking area, drop-off area/circulation pattern and any waste containment facilities/structures shall be required. The survey shall also depict FEMA and MNGWPD floodplain and elevations, and watershed protection buffers and setbacks, as applicable. In the event that 5,000 or more square feet of impervious surface is added in conjunction with a deer processing facility, a site plan compliant with stormwater requirements of the county development regulations shall be required. The site will be exempt from the nonresidential development landscape requirements and tree retention, protection, and replacement of the county development regulations. A site located on a state route shall comply with the applicable transportation corridor overlay zone (sec. 110-173) with the exception of the architectural standards.

Developed residential recreation/amenity areas, including, but not limited to: club house, pool, tennis/sports courts, sports fields, playground, mail CBUs and picnic areas. Allowed in subdivisions in the A-R, EST, R-85, R-80, R-78, R-75, R-72, R-70, R-55, R-50, R-45, R-40, R-20. DR-15, PUD-PRD and C-S zoning districts, with final plat or minor subdivision plat approval.

Lot area: Per zoning district.

Said area shall be shown on the preliminary plat and final plat or minor subdivision plat and labeled as follows: "Not a residential building lot, for recreational purposes only."

Landscape areas shall be required and planted in accordance with chapter 104.

In addition to the required landscape areas, a six-foot landscape area shall be required along the rear property line where adjacent to an A-R or residential zoning district and planted in accordance with side yard requirements in chapter 104.

Paved parking area is required per chapter 104.

The construction of one open air pavilion up to 900 square feet utilized for picnics and social gatherings shall be allowed.

Dry cleaning plant. Allowed in the C-C and C-H zoning districts.

Dry cleaning plants using cleaning systems which make use of solvents rated at above 40 by the Underwriter's Laboratories, Inc., standard of classification known as Class I systems shall be prohibited;

Dry cleaning plants which use cleaning systems which make use of solvents rated at more than five but not less than 40 according to the Underwriter's Laboratories, Inc., standard classification, known as Class II and Class III systems, shall meet all requirements of the National Fire Safety Association Code;

The building for a dry cleaning plant shall not contain more than 4,000 square feet of floor area inclusive of dry cleaning pickup facility within the building;

Fuel for operation of the equipment shall be smokeless fuel; and

Central water and central sanitary sewage systems are required. This shall not apply to recyclable hydrocarbon or silicone dry cleaning machinery that does not discharge water into the central sanitary sewage system.

Experimental labs. Allowed in the C-H, M-1, and M-2 zoning districts.

Minimum lot area: three acres if use is hazardous as defined by the Environmental Protection Agency (EPA).

Said use shall comply with all applicable state and/or federal licensing requirements.

Farm outbuildings, including horse stables, auxiliary structures, and greenhouses. Allowed in the A-R zoning district. These aforementioned buildings/structures shall be exempt from Sec. 110-79, pertaining to "Residential accessory structures and their uses".

Farm outbuilding. All structures permitted in this category shall be structures related to a bona fide farming operation and shall be utilized as a barn for livestock, storing farm equipment, and any other agricultural purposes.

Greenhouses. All structures permitted in this category shall be structures related to a bona fide cultivation or production of landscape planting materials.

Horse stables. All structures permitted in this category shall be related to the bona fide shelter and/or boarding of horses. Riding lessons and boarding only shall be permitted; however, a site plan shall be required for these uses.

Auxiliary structures. All structures permitted in this category shall comply with the following:

(i)

Auxiliary structures shall be utilized for personal use only by the residents of the principal structure.

(ii)

Auxiliary structures may be utilized as a noncommercial indoor training facility and/or artist studio.

(iii)

Commercial/retail activity shall not be permitted.

(iv)

An auxiliary structure shall not be utilized in conjunction with a home occupation.

Lot size over ten acres, no restriction of size or number of farm outbuildings, horse stables, auxiliary structures, and greenhouses.

Lot size five to ten acres, one detached farm outbuilding, auxiliary structure, greenhouse, or horse stable consisting of a maximum of 3,600 square feet in size.

Lot size two to less than five acres, one detached farm outbuilding, auxiliary structure, greenhouse, or horse stable consisting of a maximum of 2,600 square feet in size.

Farm outbuildings, auxiliary structures, horse stables and greenhouses may have plumbing and electricity. A farm outbuilding, auxiliary structure or horse stable may include up to 700 square feet of heated and finished floor area to be utilized as a guesthouse. Said guesthouse shall meet all applicable building codes. Only one guesthouse is allowed per individual lot (see also section 110-79). A guesthouse shall not be used as tenant space. Farm outbuildings, auxiliary structures, horse stables, and/or greenhouses may be constructed prior to the principal residential structure.

Feed lot and/or commercial barn. Barns and feed lots shall be located at least 100 feet from all property lines. Allowed in the M-1 zoning district.

Golf course (minimum 18-hole regulation) and related accessories. Related accessories are limited to: putting green, chipping green, sand trap, artificial/natural surface, bunker, clubhouse, pro shop, and snack bar. Allowed in the C-C, C-H, and A-R zoning districts.

Said facilities shall be for daytime use only.

All structures, greens, and fairways shall be set back at least 100 feet from any property line.

No outside loudspeaker systems shall be utilized.

Heavy manufacturing, packaging, processing or handling of materials. (Allowed in the M-2 zoning district) Any uses such as the manufacturing of corrosive acids, bone distillation, drop forge industry, fat rendering, fertilizer manufacturing, organic material reduction, meat processing plants, and similar operations which produce noise, odors, dust, fumes, fire hazards, or other nuisance features shall be set back no less than 500 feet from any property line.

Home occupation. Allowed in A-R, EST, C-S, R-85, R-80, R-78, R-75, R-72, R-70, R-55, R-50, R-45, R-40, R-20, DR-15, RMF, MHP, PUD-PRD, PUD-PRL, PUD-PEF, O-I, C-C, C-H, L-C, G-B, M-1, M-2, and BTP zoning districts. The intent of these rules and regulations is to protect the health, safety and welfare of the general public and ensure that home occupations are regulated in a manner so they do not adversely impact surrounding residential properties, as residential areas and uses are normally separated from nonresidential areas and uses.

Residents. Only residents of the dwelling may be engaged in the home occupation within the dwelling. All nonresident individuals, including employees, contractors, or part owners, associated with the home occupation shall not be engaged in the home occupation within the dwelling or on the premises.

Incidental use. The home occupation shall be clearly incidental to the residential use of the dwelling and shall not change the essential residential character of the building.

Display, sale. No display of products shall be visible from the street, and only products produced on the premises may be sold on the premises. The on-premises sale of products produced off the premises shall be prohibited.

Clients/customers/students. The number of clients/customers/students on premises shall not exceed more than two at a time nor more than a total of eight clients in any one day and all services rendered shall take place only within the dwelling. The hours of operation, in the context of clients/customers/students shall be limited to 9:00 a.m. to 7:00 p.m., Monday through Saturday.

Area. Use of the dwelling, for the purpose of the home occupation, shall not exceed a total of 25 percent of the dwelling.

Number. No more than four home occupations may be issued per dwelling and the cumulative area devoted to the home occupations shall not exceed 25 percent of the dwelling.

Alterations. No internal or external alterations inconsistent with the residential use of the building shall be permitted.

Accessory buildings. No accessory buildings or outside storage shall be used, except as otherwise provided herein.

Instructions and/or tutoring. Instruction and/or tutoring including, but not limited to: music, art, crafts, dance, academic, computer, martial arts, and speech.

10.

Day care, child/adult. Daycare shall be limited to no more than three children or three adults at any time.

11.

Vehicles. Only customary passenger vehicles, vans and pick-up trucks shall be permitted to remain on the premises in association with a home occupation. Said vehicles cannot exceed two axles, 22 feet in length, ten feet in height, and/or 8,000 pounds (curb weight). No tow and/or rollback trucks shall be allowed to remain on the premises. A trailer used in association with the home occupation shall be permitted to remain on the premises. The aforementioned vehicles or trailer used in association with the home occupation may be stored in a detached garage.

12.

In-home beauty salon or barbershop. An in-home beauty salon or barbershop shall be limited to one chair and shall be subject to the department of environmental health's approval. It shall also comply with 4 above, in regards to the number of customers.

13.

Uses. The following and similar uses shall not be considered home occupations: automobile service station; automobile and related vehicular sales lot on-premises; on-premises automobile, motorcycle, and/or farm/heavy construction equipment repair or service/maintenance; ambulance service; rescue squad; on-premises amusement or recreational activities (commercial); animal hospital; commercial kennel, veterinarian clinic with or without animal boarding place; pawn shops; acid storage and manufacturing; heavy manufacturing; fortune teller; palm reader; taxidermy, on-premises welding; on-premises pet grooming; on-premises medical/dental facilities; on-premises repair service (bicycle, lawn mower, small engine, and appliance); tire sales and storage; tanning salon; funeral services; tattooing; and on-premises massage therapy.

aa.

Horse quarters in residential zoning districts. Allowed in EST, R-85, R-80, R-78, R-75, R-72, R-70, R-55, R-50, R-45, R-40, R-20, C-S, and PUD-PRD zoning districts.

Minimum lot size: ten acres.

Minimum side yard setback: 50 feet.

Minimum rear yard setback: 75 feet.

Horse quarters shall not be located within 100 feet of the principal residential structure or connected to any structures on site; however, horse quarters may be constructed prior to the principal residential structure.

Horse quarters shall not exceed the square footage of the principal dwelling or 2,400 square feet, whichever is less.

Only one horse quarter structure shall be permitted and shall not be counted as an accessory structure.

Riding lessons and boarding are prohibited.

Number of horses (see article III of this chapter).

bb.

Horse show, rodeo, carnival, car show, and/or community fair or festival. Allowed in the A-Rand C-H zoning districts. Private social gatherings (i.e., birthday party, wedding reception) that do not charge admission or advertise to the general public are not subject to this section.

The following requirements shall apply:

No single event may exceed three days in duration and be conducted not more than once per calendar quarter, excluding preparation and cleanup. No events may be held at a location for more than five consecutive days.

Schematic site plan showing event activity areas, parking & traffic circulation must be included with the application. Off-street parking is required. Site plan shall also address noise abatement concerns by strategically locating noisy activities to minimize their impact on adjacent properties.

All events are subject to the county's noise control ordinance.

Depending on the size and use of the element, tents, temporary structures such as stages and other elements may require building and electrical permits and/or fire marshal approval.

Events and event activities, including all productions and shows, shall end at 10:00 p.m.

Production and entertainment lighting shall not be permitted after 10:00 p.m. This restriction does not apply to safety and security lighting.

Safety plan, including emergency access points, on-site first aid station, fire safety plan, law enforcement communications and coordination, and off-site traffic management, as necessary.

Sanitation plan, including restroom facilities, trash collection & post-event cleanup.

Food services require approval from the department of environmental health.

10.

Events that charge admission fees or sell admission tickets shall be considered a commercial business activity and shall obtain an appropriate occupational tax certificate with the county.

11.

Applications for events shall be submitted at least 60 days prior to the proposed event but not more than six months prior to the proposed event date.

cc.

Hospital. Allowed in the C-C, C-H, O-I, and A-R zoning districts.

Minimum lot size: ten acres.

Such use shall only be permitted on a lot which fronts on a major arterial as designated by the county thoroughfare plan. All access is limited to the major arterial only unless such use is within a nonresidential development which has access to a major arterial.

A minimum 50-foot buffer plus the required setbacks shall separate all buildings from any residential or A-R zoning district. A buffer shall not be required along the common boundary where the side or rear yard abuts property developed for the following Conditional uses in a residential or A-R zoning district as regulated in sec. 110-169: cemetery, human or pet; child care facility; church and/or other place of worship; college and/or university; hospital; private school; or recreation centers owned by nonprofit organizations as so registered with the secretary of state office.

Minimum setbacks:

(i)

Front yard: 100 feet.

(ii)

Side yard: 50 feet.

(iii)

Rear yard: 50 feet.

Support services, such as pharmacies, public cafeterias, and gift shops are allowed, provided such services are in conjunction with and accessory to, the hospital structure. Such businesses shall be conducted within the primary use structure and shall not exceed ten percent of the primary structure floor area. No outside advertising is allowed.

Heliport.

dd.

Junkyard and/or auto graveyard. Allowed in the M-2 zoning district.

Minimum lot size: ten acres.

Maximum site area: 25 acres.

A minimum 100-foot buffer shall be provided along every property line, including public rights-of-way, so that junk is not visible from a public street or adjoining properties.

All structures and storage areas shall be set back at least 200 feet from a public street and/or adjoining residential or A-R zoning districts.

ee.

Kennel. See animal hospital, kennel (commercial or noncommercial) and/or veterinary clinic.

ff.

Landfill. Allowed in the M-2 zoning district.

Minimum lot size: 20 acres.

A minimum 100-foot buffer shall be provided around the entire site so that landfill operation activities are not visible from adjoining properties or any public street. Said buffer shall provide 100 percent screening from adjoining residences prior to commencing operations.

Landfill operations shall be set back at least 200 feet from a major thoroughfare as designated by the county thoroughfare plan.

The landfill shall comply with all of the state and federal requirements.

Such uses shall be permitted only on a lot which fronts on a major thoroughfare as designated by the county thoroughfare plan. All access is limited to the major thoroughfare only.

gg.

Laundromat, self-service or otherwise. Allowed in the C-C and C-H zoning districts. Central water and central sanitary sewage systems are required.

hh.

Mining and/or quarrying. Allowed in the M-2 zoning district.

Ingress and egress to and from the facility shall be limited to an arterial as designated by the county thoroughfare plan.

A minimum 100-foot buffer shall be required adjacent to residential or A-R zoning districts.

No activity involving blasting or the operating of machinery shall occur within 500 feet of a residential or A-R zoning district.

All activity involving blasting or the operating of machinery shall be limited to daylight hours.

The operation shall comply fully with all of the state and federal requirements.

ii.

Non-emergency medical transport service. Allowed in the O-I zoning district.

The service shall comply with all licensing requirements of the state.

Parking of all medical transport vehicles is allowed in the side and/or rear yard only in designated parking spaces. Medical transport vehicles shall be screened from the street via a fence or wall. The fence or wall shall be located between the designated parking spaces and the street. Said fence or wall shall be limited to wood, brick, stone, or concrete/concrete block with architectural treatment, or other architecturally engineered facades which match these materials and shall be a minimum height of eight feet.

No on-site vehicle maintenance or fueling facilities are allowed.

jj.

Outdoor amusement facilities, rides, structures over 35 feet in height, including, but not limited to bungee and parachute jumping. Allowed in the C-H and M-1 zoning districts.

Where applicable, all state codes, rules, and regulations shall apply. Verification that state requirements are met shall accompany the application for a conditional use permit.

All structural and support parts shall not be located closer than 300 feet from any A-R or residential zoning district.

Any structure, ride, etc., erected in connection with an outdoor amusement activity, over 35 feet in height, shall be dismantled upon the closing of the business or activity in question.

Any structure, ride, etc. over 35 feet in height, or with elements over 35 feet in height, shall be surrounded by a six-foot-high fence with a locked gate when the facility is not in use. A four-inch sphere shall not be able to pass through any section of the fence or gate.

The structure shall be designed to fall entirely within the boundaries of the site should structural failure occur.

kk.

Private school, including, but not limited to: classrooms, administration, playground, housing, athletic facility, gymnasium, and/or stadium. Allowed in A-R, R-85, R-80, R-78, R-75, R-72, R-70, R-55, R-50, R-45, R-40, R-20, DR-15, O-I, C-C, G-B, and C-H zoning districts.

Minimum lot size: five acres.

If the side or rear yard abuts a residential or A-R zoning district, a minimum 50-foot buffer shall be provided adjacent to the lot line. The side yard setback shall be 50 feet. The rear yard setback shall be 75 feet. The setback shall be measured from the buffer. Said requirements shall apply to all structures, outdoor playground areas, and/or athletic facilities. A buffer shall not be required along the common boundary where the side or rear yard abuts property developed for the following Conditional uses in a residential or A-R zoning district as regulated in section 110-169: Cemetery, human or pet, child care facility, church and/or other place of worship, college and/or university, hospital, private school, or recreation centers owned by nonprofit organizations as so registered with the Georgia Secretary of State Office.

Lighting for outdoor athletic facilities shall not be permitted after 10:00 p.m.

Student drop-off and vehicular turn-around facilities shall be provided on the site.

The construction of one open air pavilion utilized for picnics/social gatherings only is allowed under the following conditions:

(i)

The pavilion shall be constructed following the construction of the main school building;

(ii)

The floor area cannot exceed 40 percent of the square footage of the main school building; and

(iii)

The pavilion may not be lighted or used after 10:00 p.m. If the open air pavilion is built in conjunction with an attached storage building, the overall square footage shall not exceed 40 percent of the main school building square footage.

ll.

Processing, packaging or handling of perishable agricultural products grown on premises (i.e., fruits and vegetables). Allowed in the A-R zoning district.

Minimum lot area: five acres.

All structures shall be set back at least 100 feet from any property line.

No structure shall exceed 5,000 square feet of floor area (interior measurements).

There shall be no outside storage of packaging materials, pallets, and all other items involved in the processing and packaging of said agricultural products.

mm.

Recreation centers owned by nonprofit organizations as so registered with the Georgia Secretary of State Office. Allowed in the A-R zoning district.

The lot area shall be at least five acres, and the lot width at the building line shall be at least 400 feet.

Such uses shall be permitted only on a lot which fronts on a major thoroughfare as designated by the county thoroughfare plan. All access is limited to the major thoroughfare only.

A minimum 50-foot buffer plus the required setbacks listed below shall separate all buildings from any residential or A-R zoning district. The setback shall be measured from the buffer. A buffer shall not be required along the common boundary where the side or rear yard abuts property developed for the following conditional uses in a residential or A-R zoning district as regulated in sec. 110-169: Cemetery, human or pet; child care facility; church and/or other place of worship; college and/or university; hospital; private school; or recreation centers owned by nonprofit organizations as so registered with the secretary of state office.

Minimum setbacks for structures and use areas:

(i)

Front yard: 100 feet.

(ii)

Side yard: 50 feet.

(iii)

Rear yard: 75 feet.

The construction of one open air pavilion shall not exceed 1,800 square feet, shall be utilized for picnics/social gatherings and shall not be lighted or utilized after 10:00 p.m.

nn.

Religious tent meeting. Allowed in A-R, C-C, C-H, and O-I zoning districts.

Said meetings shall not exceed 14 days per year at the same site.

Tents shall require the approval of the county fire marshal.

Off-street parking areas shall be required.

All activities shall cease by 10:00 p.m.

oo.

Recycling facility. Allowed in the M-1 zoning district.

All separation and processing (baling, compacting, grinding, or shredding) shall occur entirely within an enclosed building.

A convenient paved drop-off area shall be provided, permitting vehicles to re-enter the public street in a forward manner. Traffic circulation patterns shall be indicated on the site plan.

All outside storage of recyclable materials shall be on a paved surface within fully enclosed bins with hinged lids or other access points which can be closed.

All outside storage areas shall be totally screened according to chapter 104. Storage bins cannot be a greater height than the screening.

pp.

Seasonal sales, outdoor. Allowed in C-C and C-H zoning districts and church and/or other place of worship (see this article).

Seasonal sales shall be limited to: October 1 to January 31; limited to properties zoned C-C and C-H; and on-site church or other places of worship. The A-R zoning district, which has a bona fide farming operation, is exempt from seasonal sales requirements;

Location of seasonal sales and outdoor display, as well as, the temporary stand or tent, shall be exempt from article III of this chapter, except as provided herein;

Location of seasonal sales as outdoor displays, as well as, structures (temporary stand or tent), shall comply with zoning requirements for setbacks;

Outdoor sales of seasonal agricultural products shall be limited to: natural Christmas trees, natural wreaths, pumpkins and gourds, hay, straw, fruits, vegetables, nuts, and natural plants;

Outdoor lighting for activities shall not be permitted before 7:00 a.m. or after 10:00 p.m.;

Off-street parking shall be required;

Along with the completed application, a sketch or diagram of the proposed site showing dimensions of the area utilized, the proximity to buildings, parking lots, right-of-way, setbacks, and any proposed structure (temporary stand or tent) and temporary signage as regulated by chapter 108 shall be submitted to the planning and zoning department; and

Location of seasonal sales and outdoor display, as well as, the temporary stand or tent, shall be removed and cleared within 48 hours of the end of operation as indicated on the conditional use permit.

qq.

Self-storage facility (external and/or internal access). Allowed in G-B, M-1 and C-H zoning districts.

Single story self-storage buildings may have exterior access to the individual storage units. This exterior access to shall not directly face a street.

Multistory self-storage buildings shall not have direct exterior access to individual storage units; all individual storage unit access shall be internal. A vehicle loading/unloading area utilizing a bay door and/or a loading dock shall only be located on the side or rear of the multistory self-storage building not facing a street. A vehicle loading/unloading area utilizing a bay door and/or a loading dock located on the side of the multistory self-storage building shall require a canopy covering the loading/unloading area.

All buildings shall maintain a decorative facing on those portions of the building which face public streets and any property zoned residential or agricultural-residential. The decorative facing shall consist of fiber-cement siding (i.e., Hardiplank), wood siding, brick/brick veneer, rock, stone, cast-stone, stucco (including synthetic stucco), or metal siding which establishes a horizontal pattern. The transportation corridor overlay zone architectural requirements shall control when applicable.

The maximum size of an individual storage unit shall be 600 square feet.

The facility may contain one on-site single-family dwelling unit.

Aisle ways adjacent to storage unit bays doors shall be used both for circulation and temporary customer parking while using storage units. The minimum width of these aisle ways shall be 25 feet as measured from the closest part of the structure including any overhang.

No open outside storage of items, other than vehicles, boats, recreational vehicles and trailers, shall be allowed. Open storage of vehicles, boats, recreational vehicles and trailers, shall be located to the rear of the self-storage buildings. Covered vehicle storage structures shall be allowed provided they do not exceed 25 percent of the overall gross square footage of all storage buildings and shall maintain a similar architectural character of the principal self-storage buildings.

All outdoor lighting shall be shielded away from adjacent residential areas.

No exterior loudspeakers or paging equipment shall be permitted on the site.

rr.

Shooting range, outdoor. Allowed in A-R and M-1 zoning districts.

The outdoor shooting range shall meet all applicable standards established in the NRA Range Source Book. Documentation indicating compliance with the aforementioned standards shall be submitted with the site plan.

The outdoor shooting range shall meet all applicable state and federal regulations including, but not limited to: the state department of natural resources, Environmental Protection Agency and Occupational Safety and Health Administration. Documentation indicating compliance with the aforementioned regulations shall be submitted with the site plan.

The outdoor shooting range shall meet the requirements of section 16-4 and chapter 16, article II.

ss.

Single-family residence and residential accessory structures and/or uses. Allowed in the C-C, C-H, L-C-1, L-C-2, M-1, M-2, O-I, G-B, and BTP zoning districts.

Said residence shall be a single-family detached residence.

Said residence shall not be less than 1,200 square feet, and said residence shall not be allowed in subdivision developments as defined in chapter 104, article XV.

All residential accessory structures shall comply with Sec. 110-79, pertaining to "Residential accessory structures and their uses".

tt.

Stadium, athletic. Allowed in the C-H and M-1 zoning districts. The athletic stadium shall not be located closer than 300 feet from any A-R or residentially zoned property.

uu.

Temporary tent sales. Allowed in the C-C and C-H zoning districts.

Said tent sales shall not be operated longer than 28 calendar days per year;

Tents shall require the approval of the county fire marshal;

Off-street parking shall be required;

Outdoor lighting for activities shall not be permitted before 7:00 a.m. or after 10:00 p.m.;

Location of outdoor sales, as well as a temporary tent:

(i)

Shall comply with zoning requirements for setbacks.

(ii)

Shall be exempt from screening (see article III of this chapter), except where provided herein.

(iii)

Shall be removed and cleared within 48 hours of the end of operation as indicated on the permit.

vv.

Transfer station for household/commercial garbage and/or recyclable materials (including processing and handling). Allowed in the M-2 zoning district.

Minimum lot size: ten acres.

Transfer station operations shall be set back at least 200 feet from an arterial as designated by the county thoroughfare plan.

The transfer station shall comply with all licensing requirements of the state.

Such uses shall be permitted only on a lot which fronts on a major thoroughfare as designated by the county thoroughfare plan. All access is limited to the major thoroughfare only.

ww.

Wind farm. Allowed in the M-1 and M-2 zoning districts. The setbacks shall be equal to the height of the wind turbine, including the blades, or the applicable zoning district setbacks, whichever are greater.

xx.

Vehicle/boat sales. Allowed in C-C and C-H zoning district.

All vehicle/boat sales facilities must comply with the following conditions:

(i)

All activities except sales shall be conducted indoors.

(ii)

No outside storage of equipment or parts shall be permitted.

(iii)

No external loudspeakers allowed.

A full range of repairs shall be allowed incidental to a sales use and shall comply with the following:

(i)

All repair activities shall be conducted indoors.

(ii)

No outside storage of equipment or parts shall be permitted.

(iii)

All overhead doors shall face the side and/or rear yard or be screened from view from the street per article III of this chapter or utilizing vegetative materials.

(iv)

All wrecked vehicles stored for repair shall be screened in accordance with article III of this chapter.

(v)

Facilities located adjacent to a residentially zoned area shall not operate between the hours of 7:00 p.m. and 7:00 a.m.

(vi)

No external loudspeakers allowed.

(Code 1992, § 20-7-1; Ord. No. 2012-09, § 5, 5-24-2012; Ord. No. 2012-13, § 5, 12-13-2012; Ord. No. 2012-14, § 6, 12-13-2012; Ord. No. 2013-02, § 4, 4-25-2013; Ord. No. 2013-08, § 1, 7-25-2013; Ord. No. 2014-19, § 8, 12-11-2014; Ord. No. 2015-05, § 3, 3-26-2015; Ord. No. 2015-12, § 1, 10-22-2015; Ord. No. 2015-13, §§ 1—7, 12-10-2015; Ord. No. 2016-12, §§ 4, 5, 7-28-2015; Ord. No. 2016-15, § 4, 7-28-2016; Ord. No. 2017-04, § 7, 3-23-2017; Ord. No. 2018-03, §§ 16—19, 9-22-2018; Ord. No. 2018-11, §§ 7—9, 10-25-2018; Ord. No. 2020-02, §§ 14—19, 5-28-2020; Ord. No. 2021-05, § 4, 3-25-2021; Ord. No. 2021-06, § 2, 3-25-2021; Ord. No. 2021-09, § 7, 5-27-2021; Ord. No. 2024-01, § 1, 2-25-2024)

Sec. 110-170. - Nonconformances.

(a)

Nonconforming lots. A legally existing lot of record which fails to comply with the provisions herein, as of November 13, 1980, or as the result of subsequent amendments, or due to the acquisition of property for a public purpose, a rezoning, or a variance, shall be considered a legal nonconforming lot and may be utilized for the establishment of uses or the placement of structures and improvements, as long as, all applicable regulations can be met. Where the dimensional requirements of the zoning district cannot be met in terms of the placement of structures and improvements, a variance authorized by the zoning board of appeals shall be required. Any reduction in the land area of a legal nonconforming lot other than an acquisition for a public purpose which serves to make the lot more nonconforming shall result in a loss of the legal nonconforming lot status. However, any addition of property to a legal nonconforming lot which serves to make the lot more conforming shall not result in the loss of the legal nonconforming lot status.

(b)

Landlocked property. In the event property is landlocked, as of the effective date of November 13, 1980, the property owner shall be entitled to building permits, provided the property owner has acquired a 20-foot easement to a public street, and said easement has been duly recorded and made a part of the property deed. In the event said property is divided into two or more lots, no further building permits shall be issued until each lot complies with the requirements of street frontage for access.

(c)

Creation of a legal nonconforming lot for enhancements to a development. Said lot shall not be utilized for the permitted or conditional uses of the zoning district in which the lot is located and the lot is not required to meet the applicable minimum lot size, lot width, or road frontage requirements. Said enhancements shall include stormwater facilities, pocket parks, decorative features (such as landscaping, arbors, fences/walls, fountains, sculptures, benches, arches, etc.), signs, mail cluster box units (CBUs) and the preservation of historic and agricultural structures for ornamentation (see nonconforming structures). A pocket park shall not exceed 10,890 square feet (¼ acre) in size and may contain playground equipment (swing set, slide, teeter totter, monkey bars, sandbox, etc.) intended for small children, benches, and picnic facilities, including one covered picnic pavilion not to exceed 400 square feet. A minimum 15-foot setback shall be maintained within a pocket park or for any historic or agricultural structures utilized for ornamentation. The lot must be labeled "Not a Building Lot" on the preliminary plat and/or the final plat or minor subdivision plat, as applicable. The lot shall be under the ownership of the homeowners' association, property owners' association, or developer/property management entity, as applicable.

(d)

Creation of a legal nonconforming lot for a legal nonconforming cemetery or burial ground. The creation of a lot intended for the sole purpose of containing a legal nonconforming cemetery or burial ground is allowed. Said lot is not required to meet the applicable minimum lot size, lot width, or road frontage requirements. The boundary of the lot shall be set back a minimum of five feet from the location of any grave. A legal nonconforming cemetery or burial ground shall be indicated on a preliminary plat, final plat, minor subdivision plat, and/or site plan, as applicable. A minimum 20-foot public access to a legal nonconforming cemetery or burial ground shall be maintained either through fee simple ownership or an easement.

(e)

Minimum requirements. Individual lots, parcels, or tracts affected by proposed rezonings which are initiated by a party other than the board of commissioners of the county, shall meet the minimum lot size, lot width, and road frontage requirements of this chapter, except as otherwise provided herein. Combination or division of lots to achieve compliance with said requirements shall be accomplished as a condition of rezoning approval.

(f)

Consideration for the rezoning of legal nonconforming lots. Any legal nonconforming lot may be considered for rezoning to another zoning district where the lot would be made nonconforming by said rezoning. Factors of consideration, in addition to those enumerated in article IX of this chapter, would include the following:

(1)

The degree of increase or reduction of the nonconformity of existing structures located on the subject property; and

(2)

The current zoning and land use designations of adjoining lots as indicated on the land use plan. Where the dimensional requirements of the zoning district cannot be met in terms of the placement of new structures, a variance authorized by the zoning board of appeals shall be required.

(g)

Nonconforming uses;nonconforming open uses of land. Any legally existing open uses of land which fails to comply with the provisions herein, as of November 13, 1980, or as the result of subsequent amendments, or due to the acquisition of property for a public purpose, a county initiated rezoning, or a variance, shall be considered a legal nonconforming open use of land. Said uses consist of storage yards, vehicle and trailer sales lots, auto wrecking, junkyards, golf driving ranges, miniature golf, and similar open uses where the only buildings on the lot are incidental and accessory to the open use of the lot, and where such use of the land is not permitted to be established herein, shall be governed by the following restrictions in addition to other requirements herein.

(1)

When a legal nonconforming open use of land has been changed to a conforming use, it shall not thereafter be used for any nonconforming use.

(2)

Legal nonconforming open uses of land shall not be changed to any use but conforming uses.

(3)

A legal nonconforming open use of land shall not be enlarged to cover more land.

(4)

When any legal nonconforming open use of land is discontinued for a period in excess of six months, any future use of the land shall be limited to those uses permitted in that zoning district under the provisions herein. Vacancy and/or non-use of the land, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision.

(h)

Nonconforming use of a structure. Any legally existing use of a structure which fails to comply with the provisions herein, as of November 13, 1980, or as the result of subsequent amendments, or due to the acquisition of property for a public purpose, a county initiated rezoning, or a variance, shall be considered a legal nonconforming use of a structure. Said uses shall be governed by the following restrictions:

(1)

A legal nonconforming use of a structure may be changed to another nonconforming use upon a finding by the zoning board of appeals that the proposed nonconforming use is similar in its operation and effect on surrounding properties.

(2)

A legal nonconforming use of a structure shall not be changed to another nonconforming use that generates more automobile or truck traffic; creates more noise, vibration, smoke, dust or fumes; is a more intensive use of the structure than the existing nonconforming use; or is in any way a greater nuisance to the adjoining properties than the existing nonconforming use.

(3)

A legal nonconforming use of a structure shall not be extended or enlarged except into portions of the structure which, at the time the use became nonconforming, were already erected and arranged for, or designed for, such nonconforming use, except as provided herein. No alterations shall be made in any structure occupied by a nonconforming use, which would in any way increase the floor space, area, or volume of space occupied by the use.

(4)

When any legal nonconforming use of a structure is discontinued for a period in excess of six months, any future use of the structure shall be limited to those uses permitted in that zoning district, except as otherwise provided for herein. Vacancy and/or non-use of the building, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision.

(i)

Request for change of the legal nonconforming use of a structure. The zoning board of appeals may authorize, upon appeal in specific cases, a change in the legal nonconforming use of a structure in accordance with the provisions herein.

(j)

Request for extension or enlargement of the legal nonconforming use of a structure. The zoning board of appeals may authorize upon appeal in specific cases an extension or enlargement of an existing legal nonconforming use which the board is specifically authorized to consider under the terms herein. Said extensions may be granted in an individual case upon a finding by the board that:

(1)

The use is a legal nonconforming use as defined in these regulations;

(2)

The legal nonconforming use is in full compliance with all requirements of these regulations applicable to nonconformances; and

(3)

The extension of said legal nonconforming use will not further injure a permitted use on adjacent property.

(k)

Continuance of a legal nonconforming use. The zoning board of appeals may allow a legal nonconforming use to be re-established after discontinuance for six consecutive months where it is deemed by the zoning board of appeals that:

(1)

The design, construction, and character of the land, building, or structure is not suitable for uses permitted in the zoning district in which the legal nonconforming use is situated;

(2)

Undue hardship to the property owner would result in not allowing the continuance of a legal nonconforming use;

(3)

Adjacent property would not be unduly damaged by such continuance; and

(4)

The use is to be identical to the prior legal nonconforming use.

(l)

Nonconforming structures; nonconforming structures. Any legally existing structure, which fails to comply with the provisions herein, as of November 13, 1980, or as the result of subsequent amendments, or due to the acquisition of property for a public purpose, a rezoning prior to May 24, 2012, or a variance, shall be considered a legal nonconforming structure and shall be allowed to remain. The enlargement, expansion, or extension of a legal nonconforming structure which serves to increase the nonconformance, either vertical and/or horizontal, shall only be made with the authorization of the zoning board of appeals. Where the zoning board of appeals is required to determine whether a nonconforming structure may be enlarged, expanded, or extended, the provisions of a request for a variance (article IX of this chapter) shall be considered.

(m)

Restoration and re-use of nonconforming historic structures. Nonconforming historic structures previously used for purposes not permitted in the zoning district in which they are located shall be governed by the following restrictions:

(1)

The structure and previous use shall be identified in the architectural survey of the county. The re-use of the historic structure will be subject to the regulations of the nonconforming use of a structure (article V of this chapter).

(2)

The structure itself shall be the subject of restoration. Any extension, enlargement, or alteration of the structure that does not comply with the minimum requirements of this chapter is subject to approval of the zoning board of appeals.

(3)

Areas of consideration for approval of such a request include, but are not limited to:

Restriction of allowable uses;

Parking requirements; and

Buffer and landscaping requirements.

(n)

Use of historic residential structures and agricultural structures in residential subdivisions. The preservation of historic residential structures listed in the architectural survey of the county and agricultural structures are allowed in residential subdivisions to preserve the character of the county as these structures can be used as residences, community facilities, or as ornamentation for the subdivision. Existing 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 use of these structures will be subject to the approval of the zoning board of appeals in terms of any nonconformance with the applicable zoning district.

(o)

Reconstruction of legal nonconforming structures. When a legal nonconforming structure is damaged by fire, flood, wind or act of God, such structure may be reconstructed as a legal nonconforming structure only if the cost of reconstruction totals less than 75 percent of the current fair market value of the structure for tax purposes. Reconstruction costs shall include labor, materials, appliances, devices, and fixtures required for the issuance of a certificate of occupancy (per applicable International Residential Code and International Building Code). The "value of the structure" shall not include the value of any accessory building, well, septic tank, or utility in determining the extent of the damage.

(p)

Maintenance or repair of legal nonconforming structures. The normal maintenance and repair of a legal nonconforming structure, as is required to keep it in a safe and sound condition, may be made. However, if the structure falls into a state of disrepair where the cost of the maintenance and/or repair is 75 percent or greater of the current fair market value of the structure for tax purposes, the structure must be removed and/or brought into compliance. Reconstruction costs shall include labor, materials, appliances, devices, and fixtures required for the issuance of a certificate of occupancy (per applicable International Residential Code and International Building Code).

(q)

Legally existing structures and rezoning.

(1)

A property that is improved with a legally existing structure, which would become nonconforming in terms of the architectural requirements within this chapter, may be considered for rezoning. Upon approval of the rezoning request, said structure shall be considered as a legal nonconforming structure in terms of architectural requirements and be allowed to remain in its architectural character, except as is required in a transportation corridor overlay zone regarding enlargement of an existing nonconforming structure.

(2)

A property that is improved with a legally existing structure, which would become nonconforming in terms of the maximum height limits within this chapter, may be considered for rezoning. Upon approval of the rezoning request, said structure shall be considered as a legal nonconforming structure in terms of height limits and be allowed to remain at said height.

(3)

A property that is improved with a legally existing residential structure, which would become nonconforming in terms of the minimum square footage requirements within the zoning district for which a rezoning is being sought, may be considered for rezoning. Any actions necessary to achieve compliance will be handled through conditions of rezoning approval.

(4)

A property that is improved with legally existing accessory structures, which would become nonconforming in terms of the accessory structure requirements within this chapter, may be considered for rezoning. Any actions necessary to achieve compliance will be handled through conditions of rezoning approval, except as otherwise provided herein.

(5)

A property that is improved with a legally existing structure, which would become nonconforming in terms of the setbacks only within the zoning district for which a rezoning is being sought, may be considered for rezoning. Upon approval of the rezoning request, a variance authorized by the zoning board of appeals (see article VII of this chapter) shall be necessary for the structure to remain within the setback, except as otherwise provided in the zoning ordinance. Any enlargement, expansion, or extension of said structure which serves to increase nonconformance, either vertical and/or horizontal, shall only be made with the authorization of the zoning board of appeals. Any new structure shall comply with the dimensional minimum requirements herein.

(r)

Illegal nonconforming uses. Notwithstanding any other provisions herein to the contrary, as to nonconforming uses, which were illegal when they were commenced, or which became illegal thereafter, prior to the adoption of the ordinance from which this chapter is derived, or amendment hereto, this section shall be deemed to impose additional regulations only. It shall not be held or construed to be permissive of such illegal use, nor as recognizing any right to the continuance of an illegal use, except in those instances where the illegal use was rendered conforming by the inclusion of the land, whereon such use was conducted within a zoning district, wherein such use is permitted, as shown upon the official zoning map of the county.

(Code 1992, § 20-7-2; Ord. No. 2012-09, § 5, 5-24-2012; Ord. No. 2013-02, § 5, 4-25-2013; Ord. No. 2020-02, § 20, 5-28-2020)

Sec. 110-171. - Changes in zoning.

Any nonconformances produced by a change in zoning district boundaries initiated by the county or ordinance regulations after the date of adoption on November 13, 1980, shall also be governed by the provisions of article V of this chapter.

(Code 1992, § 20-7-3; Ord. No. 2012-09, § 5, 5-24-2012)

Sec. 110-172. - Illegal nonconforming uses.

Notwithstanding any other provisions herein to the contrary, as to nonconforming uses which were illegal when they were commenced, or which became illegal thereafter prior to the date of November 13, 1980, or amendment hereto, this section shall be deemed to impose additional regulations only. It shall not be held or construed to be permissive of such illegal use, nor as recognizing any right to the continuance of an illegal use, except in those instances where the illegal use was rendered conforming by the inclusion of the land, whereon such use was conducted within a zoning district, wherein such use is permitted, as shown upon the official zoning map of the county.

(Code 1992, § 20-7-4; Ord. No. 2012-09, § 5, 5-24-2012)

Sec. 110-173. - Transportation corridor overlay zone.

For the purposes of this section, a development shall be defined as the land where the construction of improvements to support nonresidential uses is proposed, including: a petition to rezone the land, the subdivision of property through a preliminary, final, and/or minor subdivision plat, and/or the submittal of a site plan.

(1)

General state route overlay zone. All property and/or development which have road frontage and/or access on state routes with nonresidential use or zoning shall be subject to the following regulations, in addition to the zoning district requirements and other development regulations which apply. This overlay zone specifically excludes SR 54 West Overlay Zone, SR 85 North Overlay Zone, SR 74 North Overlay Zone, SR 138 and North SR 314 Overlay Zone and the Starr's Mill Historic District Overlay Zone at the SR 74, SR 85, & Padgett Road Intersection. The architectural standards of this overlay zone specifically excludes the L-C zoning district, for which other architectural standards have been established.

Purpose. The purpose of the general state route overlay zone is to achieve the following:

To promote and maintain orderly development and an efficient traffic flow in highway corridors;

To protect existing and future residential areas near highway corridors; and

To protect the aesthetics for existing and future residential areas in this highway corridor.

Access. Access to each nonresidential property and/or development shall be from a state route or an adjacent street designated as an arterial or collector on the county thoroughfare plan. All access points shall be required to comply with chapter 104.

Dimensional requirements.

All parking areas shall be located at least 50 feet from any state route right-of-way.

Front yard setbacks on all other state routes for all structures, including gasoline canopies, shall be 100 feet.

Berms for nonresidential zoning districts: Berms when required as a condition of zoning shall be a minimum of four feet in height, and shall be placed to the inside of the applicable buffer.

Architectural standards. Structures shall maintain a residential character. Elevation drawings denoting compliance with the following shall be submitted as part of the site plan.

A pitched peaked (gable or hip) roof with a minimum pitch of 4.5 inches in one foot including gasoline canopies and accessory structures and shall be of a type and construction complimentary to the facade. A pitched mansard roof facade with a minimum pitch of 4.5 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 facade shall be of a residential character with the appearance of shingles, slate or terra cotta.

Gasoline canopy. Gasoline canopies shall also comply with the following requirements:

(i)

Gasoline canopies, in conjunction with a convenience store, may reduce the pitch to a minimum of three inches to 12 inches to permit the height of the peak of the roof to be equal to or no more than five feet above the peak of the roof of the convenience store.

(ii)

The vertical clearance under the gasoline canopy shall not exceed a maximum of 18 feet in height.

(iii)

The support columns for the gasoline canopies shall match the facade of the convenience store.

(iv)

The gasoline canopy roof shall match the architectural character, materials, and color of the convenience store.

All buildings shall be constructed in a residential character of fiber-cement siding (i.e., Hardiplank), wood siding, wood textured vinyl siding, brick/brick veneer, rock, stone, cast-stone, stucco (including synthetic stucco) and/or finished baked enamel metal siding which established a horizontal pattern.

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. This does not apply to stained glass windows for a church or place of worship. Large display or storefront windows shall have a minimum two-foot-high knee wall consisting of fiber-cement siding (i.e., Hardiplank), wood siding, wood textured vinyl siding, brick/brick veneer, rock, stone, cast-stone, or stucco (including synthetic stucco).

The design of accessory/out lot buildings shall reflect and coordinate with the general architectural style inherent in the principal structure on the property.

When an existing structure, that is nonconforming to the aforementioned architectural standards, is enlarged, the enlargement does not have to meet the aforementioned architectural standards, but does have to match the architectural design of the existing nonconforming structure.

Architectural option. An owner/developer may exercise an architectural option for structures within the overlay zone on lots adjacent to a municipality where a nonresidential architectural character has been established in the area. The purpose of this option is to achieve compatibility with surrounding areas, consistency throughout the development and greater creativity. A photographic architectural character inventory of the buildings within the area shall be submitted. Full color architectural elevation drawings of the proposed nonresidential architectural style for all building facades shall be submitted. Multiple buildings within a development shall have comparable architectural characteristics consisting of similar architectural design and elements, building materials and colors. Elevations shall be reviewed and approved by the board of commissioners and shall follow the procedure established in article IX of this chapter. Any change to the approved architectural elevation drawings shall follow the aforementioned procedure.

Landscape requirements. In addition to the standard requirements of the landscape ordinance, the following landscape requirements shall apply to the overlay zone:

Street frontage landscape area. Fifty feet in depth along state route frontage. The first 25 feet as measured from the right-of-way are for required landscape planting only. The remaining 25 feet may be used for septic system placement; underground stormwater detention systems; and the following stormwater management facilities/structures if designed in full accordance with the specifications provided in the most current edition of the Georgia Stormwater Management Manual; vegetated channels, overland flow filtration/groundwater recharge zone, enhanced swales, filter strips, and grass channels. Septic systems and stormwater structures shall be exclusive of each other and the minimum distance of separation between wastewater and stormwater structures shall be established by the environmental health department and the county engineer. Utilities (including underground stormwater piping) and multi-use path connections may be located anywhere within the landscape area.

Side yard landscape area. Ten feet in depth along side property lines unless adjacent to a residential district where buffer requirements will apply.

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.

Lighting and shielding standards. Lighting shall be placed in a manner to direct light away from any adjacent roadways or nearby residential areas.

Special locational and spatial requirements.

No more than 50 percent of the required parking can be located in the front yard along the state route as established by the front building line of any structure located on the site.

Outside storage of merchandise or equipment and parts shall be allowed in the rear yards only, subject to minimum screening, setback and buffer requirements. Outside storage shall not exceed 25 percent of the gross floor area of all structures per lot.

All roof-top heating, ventilation, and air conditioning equipment and satellite/communications equipment shall be visually screened from adjacent roads and property zoned residential or A-R. The screen shall extend to the full height of the objects being screened.

For all new construction, garage doors and bays associated with any use within the district shall be located on the side or rear of the principal building, and not facing a state route.

SR 74 South Corridor Sidewalk Requirements. In order to provide for the connection of the sidewalk system installed by GDOT when SR 74 South was widened from two lanes to four lanes, sidewalks are required as an integral component of nonresidential development in this area as identified in the SR 74 South Overlay District in the Fayette County Comprehensive Plan Land Use Element. Said sidewalks shall connect to the existing sidewalks. In the cases where a required sidewalk is to be located on abutting parcels, an alignment shall be established and the sidewalk shall be developed so as to provide for connection at the property line.

(2)

SR 54 West Overlay Zone. All property and/or development which have road frontage and/or access on SR 54 West with nonresidential use or zoning shall be subject to the following regulations, in addition to the zoning district requirements, and other development regulations which apply. The intent of the overlay is to set standards specifically to Hwy 54 from Fayetteville to Peachtree City.

The purpose of the SR 54 West Overlay Zone is to achieve the following:

To promote and maintain orderly development and an efficient traffic flow in highway corridors;

To maintain a non-urban separation between Fayetteville and Peachtree City along SR 54 West; and

To protect the aesthetics for existing and future residential areas in this highway corridor.

Access to each nonresidential property and/or development shall be from SR 54 West or an adjacent street designated as an arterial or collector on the county thoroughfare plan. All access points shall be required to comply with chapter 104.

Dimensional requirements.

All parking areas shall be located at least 50 feet from any state route right-of-way.

Front yard setbacks on SR 54 West for all structures, including gasoline canopies, shall be 100 feet.

Berms for nonresidential zoning districts: Berms when required as a condition of zoning, shall be a minimum of four feet in height, and shall be placed to the inside of the applicable buffer.

If the side yard abuts a nonresidential zoning district, all impervious surfaces, other than approved access, shall be located a minimum of ten feet from the side property line.

Architectural standards. Elevation drawings denoting compliance with the following shall be submitted as part of the site plan.

All buildings shall be constructed in fiber-cement siding (i.e., Hardiplank), wood siding, brick/brick veneer, rock, stone, cast-stone, stucco (including synthetic stucco) and/or metal siding which establishes a horizontal pattern.

No horizontal length of a roofline shall exceed 50 linear feet without a variation in elevation. Said variation in elevation shall not be less than two feet.

No blank or unarticulated horizontal length of a building facade shall exceed 25 linear feet without a variation in architectural elements, including but not limited to, building materials, colors, textures, offsets, fenestration, or changes in planes.

If the proposed structure is to have a pitched peaked (gable or hip) roof, said pitched peaked (gable or hip) roof shall have a minimum pitch of 4.5 inches in one foot. A pitched mansard roof facade with a minimum pitch of 4.5 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 facade shall be of a residential character with the appearance of shingles, slate or terra cotta. Structures with a pitched peaked (gable or hip) roof or a pitched mansard roof facade are exempt from 2. above.

Gasoline canopy. Gasoline canopies shall also comply with the following requirements and are exempt from 2. above:

(i)

The gasoline canopy shall match the architectural character, materials, and color of the convenience store or principal structure.

(ii)

Gasoline canopies, in conjunction with a convenience store or principal structure which has a pitched peaked (gable or hip) roof, may reduce the pitch of the gasoline canopy roof to a minimum of three inches in one foot to permit the height of the peak of the roof to be equal to or no more than five feet above the peak of the roof of the convenience store.

(iii)

The support columns for the gasoline canopies shall match the facade of the convenience store.

The design of accessory/out lot buildings shall reflect and coordinate with the general architectural style inherent in the principal structure on the property.

When an existing structure that is nonconforming to the aforementioned architectural standards is enlarged, the enlargement does not have to meet the aforementioned architectural standards, but does have to match the architectural design of the existing nonconforming structure.

Landscape requirements. In addition to the standard requirements of the landscape ordinance, the following landscape requirements shall apply to the overlay zone:

Street frontage. Landscape area: 50 feet along the right-of-way of SR 54 West. The first 25 feet as measured from the right-of-way is for required landscape planting only. The remaining 25 feet may be used for septic system placement; underground stormwater detention systems; and the following stormwater management facilities/structures if designed in full accordance with the specifications provided in the most current edition of the Georgia Stormwater Management Manual; vegetated channels, overland flow filtration/groundwater recharge zone, enhanced swales, filter strips, and grass channels. Septic systems and stormwater structures shall be exclusive of each other and the minimum distance of separation between wastewater and stormwater structures shall be established by the environmental health department and the county engineer. Utilities (including underground stormwater piping) and multi-use path connections may be located anywhere within the landscape area.

Side yard landscape area. Ten feet in depth along side property lines unless adjacent to a residential district where buffer requirements will apply.

Lighting and shielding standards. Lighting shall be placed in a manner to direct light away from any adjacent roadways or nearby residential areas.

Special locational and spatial requirements.

No more than 50 percent of the required parking can be located in the front yard along the state route as established by the front building line of any structure located on the site.

No outside storage allowed.

For all new construction, garage doors and bays associated with any use within the district shall be located on the side or rear of the principal building, and not facing SR 54.

(3)

SR 85 North Overlay Zone. All undeveloped property and property being totally redeveloped (i.e., where all of the existing principal structures have been demolished/removed) which has road frontage on SR 85 North where nonresidential development commenced after the effective date of the SR 85 North Overlay Zone (03/22/07) shall be subject to the requirements of the SR 85 North Overlay Zone. The intent of the overlay is to set standards specific to SR 85 North from the city limits of the City of Fayetteville north to the Fayette-Clayton county line.

Purpose. The purpose of the SR 85 North Overlay Zone is to achieve the following:

To establish and maintain a scenic gateway into the county, which projects an image of our quality lifestyle.

To promote and maintain orderly development and the efficient movement of traffic on SR 85 North.

To protect the aesthetics for existing and future development in this highway corridor.

Access. Access to each nonresidential property and/or development shall be from SR 85 North or an adjacent street designated as an arterial or collector on the county thoroughfare plan. All access points shall be required to comply with chapter 104.

Dimensional requirements.

All parking areas shall be located at least 50 feet from any state route right-of-way.

Setbacks will be as follows:

(i)

Front yard setback on State Route 85 North: 100 feet.

(ii)

Gasoline canopy: Front yard setback on State Route 85 North: 85 feet.

Berms for nonresidential zoning districts: Berms when required as a condition of zoning shall be a minimum of four feet in height and shall be placed to the inside of the applicable buffer.

Architectural standards.

All buildings shall be constructed of brick/brick veneer, fiber-cement siding (i.e., Hardiplank), rock, stone, cast-stone, split-face concrete masonry unit (rough textured face concrete block), stucco (including synthetic stucco), wood siding and/or finished baked enamel metal siding which establishes a horizontal pattern.

The design of accessory/out lot buildings shall be consistent with and coordinate with the architectural style inherent in the principal structure on the property.

Landscape requirements. In addition to the standard requirements of the landscape ordinance, the following landscape requirements shall apply to the overlay zone:

Street frontage landscape area. Fifty feet along the right-of-way of SR 85 North. The first 25 feet as measured from the right-of-way is for required landscape planting only. The remaining 25 feet may be used for septic system placement; underground stormwater detention systems; and the following stormwater management facilities/structures, if designed in full accordance with the specifications provided in the most current edition of the Georgia Stormwater Management Manual; vegetated channels, overland flow filtration/groundwater recharge zone, enhanced swales, filter strips, and grass channels. Septic systems and stormwater structures shall be exclusive of each other and the minimum distance of separation between wastewater and stormwater structures shall be established by the environmental health department and the county engineer. Utilities (including underground stormwater piping) and multiuse path connections may be located anywhere within the landscape area.

Side yard landscape area. Ten feet in depth along side property lines unless adjacent to a residential district where buffer requirements will apply.

Lighting and shielding standards. Light shall be placed in a manner to direct light away from any adjacent roadways or nearby residential areas.

Special locational and spatial requirements.

For all new construction, garage doors and bays associated with any use within the district shall be located on the side or rear of the principal building, and not facing SR 85.

(4)

SR 74 North Overlay Zone. All property and/or development which have frontage on and/or access to SR 74 North with nonresidential use or zoning shall be subject to the requirements of the SR 74 North Overlay Zone. The intent of the overlay is to set standards specific to SR 74 North from Sandy Creek Road to the Fulton county line to achieve the goals of the SR 74 North Overlay District contained in the county comprehensive plan.

Purpose. The purpose of the SR 74 North Overlay Zone is to achieve the following:

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.

Access.

West Side of SR 74 North access and internal roadways. An internal collector road connecting all three of the large tracts identified in the county comprehensive plan, in the SR 74 North overlay district properties will be required, from the existing median break at Thompson Road south to Kirkley Road. The remaining large tract in the unincorporated county will be limited to one right in/right out curb cut on SR 74 North for the construction of a street to provide internal access in the tract. Lots created in conjunction with the development of these tracts will not be allowed individual curb cuts on SR 74 North or Kirkley Road. The design of the collector road will require left turn lanes at the intersections of SR 74 North and Kirkley Road as well as all intersections internal to developments. Final design approval of these intersections will be made by the county engineer.

East Side of SR 74 North access and internal roadways. To maintain efficient and safe operations on SR 74 North it is required that a parallel service drive be developed approximately 400 feet east of SR 74 North. This service drive shall be constructed when improvements are made to the portion of the property. The service drive will connect to the service drive being developed in Fairburn from Milam Road southwards to the county line. Within the county this service drive will extend from the Fulton county line into the property just north of the golf recreation facility. In addition, all residential properties proposed to be accessed through non-residentially-zoned properties along SR 74 shall be accessed via a public road built to county standards and dedicated to the county. Those affected properties are identified and addressed in the county comprehensive plan.

West Side of SR 74 North multi-use path system. In order to provide for alternative modes of transportation (including accommodation of golf cart, bicycle and pedestrian traffic), a multi-use path system is required as an integral component of site development. The multi-use path system will connect all three of the large tracts identified in the county comprehensive plan, in the SR 74 North overlay district, and will be constructed in conjunction with the roads. Said multi-use path system shall connect to any existing or proposed external multi-use paths. In the cases where a planned future multi-use path is to be located on abutting parcels, an alignment shall be established and the internal facilities shall be developed so as to provide for connection at the property line. On roadways with a planned multi-use path system the public right-of-way will be used for location of the path system components. The path will consist of a ten-foot-wide paved surface and stabilized shoulders that extend two feet beyond the paved surface. Path construction will consist of a minimum of four inches of gravel base with two inches of asphalt. Final design approval of the multi-use path design and construction in the right-of-way will be made by the division of public works.

Dimensional requirements.

All parking areas shall be located at least 50 feet from any state route right-of-way.

Front yard setback on SR 74 North: 100 feet.

Berms for nonresidential zoning districts: Berms, when required as a condition of zoning, shall be a minimum of four feet in height.

Architectural standards.

West Side of SR 74 North architectural standards.

(i)

All buildings shall be constructed of brick/brick veneer, wood, fiber-cement siding (i.e., Hardiplank), rock, stone, cast-stone, split-face concrete masonry unit (rough textured face concrete block), architectural precast concrete wall panels, stucco (including synthetic stucco), and/or finished baked enamel metal siding which establishes a horizontal pattern.

(ii)

The design of accessory structures shall be consistent with and coordinate with the architectural style inherent in the primary structure on the property.

(iii)

No horizontal length of a roofline shall exceed 50 linear feet without a variation in elevation. Said variation in elevation shall not be less than two feet.

(iv)

East Side of SR 74 North architectural standards.

(i)

A pitched peaked (gable or hip) roof with a minimum pitch of 4.5 inches in one foot. A pitched mansard roof facade with a minimum pitch of 4.5 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 facade shall be of a residential character with the appearance of shingles, slate or terra cotta:

(ii)

(iii)

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. This does not apply to stained glass windows for a church or place of worship. Large display or storefront windows shall have a minimum two foot high knee wall consisting of fiber-cement siding (i.e., Hardiplank), wood siding, wood textured vinyl siding, brick/brick veneer, rock, stone, cast-stone, or stucco (including synthetic stucco);

(iv)

The design of accessory structures shall reflect and coordinate with the general architectural style inherent in the principal structure on the property including the roof pitch.

Landscape requirements: In addition to the standard requirements of the landscape ordinance, the following landscape requirements shall apply to the overlay zone:

Street frontage SR 74 (major arterial) landscape area. Fifty feet along the right-of-way of SR 74 North. The first 25 feet as measured from the right-of-way is for required landscape planting only. The remaining 25 feet may be used for septic system placement; underground stormwater detention systems; and the following stormwater management facilities/structures, if designed in full accordance with the specifications provided in the most current edition of the Georgia Stormwater Management Manual: vegetated channels, overland flow filtration/groundwater recharge zone, enhanced swales, filter strips, and grass channels. Septic systems and stormwater structures shall be exclusive of each other and the minimum distance of separation between wastewater and stormwater structures shall be established by the environmental health department and the county engineer. Utilities (including underground stormwater piping) and multi-use path connections may be located anywhere within the landscape area.

Side yard landscape area. Ten feet in depth along side property lines, unless adjacent to a residential district where buffer requirements will apply.

Lighting.

Shielding standards. Lighting shall be placed in such a fashion as to be directed away from any adjacent roadways for nearby residential areas.

Fixture height standards. Lighting fixtures shall be a maximum of 35 feet in height within the parking lot and shall be a maximum often feet in height within non-vehicular pedestrian areas.

Additional requirements.

All refuse areas and equipment shall be allowed in the side or rear yards only and shall be screened.

Bay doors shall not be allowed to directly face SR 74 North.

All utilities shall be underground.

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.

(5)

SR 138 and North SR 314 overlay zone. All property and/or development which have frontage on and/or access to SR 138 and S.R 314 north of Highland Drive with nonresidential use or zoning shall be subject to the requirements of the SR 138 and North SR 314 overlay zone. The intent of the overlay is to set standards specific to SR 138 and North SR 314 as described above.

Purpose. The purpose of the SR 138 and North SR 314 overlay zone is to achieve the following:

To maintain the efficient traffic flow on these highways as thoroughfares for Fayette and Clayton Counties;

To enhance and maintain the aesthetic qualities of the corridor; and

To protect existing and future residential areas.

Access standards. Access to each nonresidential property and/or development shall be from a state route or an adjacent street designated as an arterial or collector on the county thoroughfare plan. All access points and interparcel access shall be required to comply with chapter 104, development regulations. A concept plan, submitted with a rezoning application, and/or a site plan shall illustrate compliance with these requirements.

Dimensional requirements.

All parking areas shall be located at least 50 feet from any state route right-of-way.

Front yard setback on SR 138: 100 feet.

Berms for nonresidential zoning districts: Berms, when required as a condition of zoning, shall be a minimum of four feet in height.

Archtiectural standards. Elevation drawings denoting compliance with the following shall be submitted as part of the site plan.

No horizontal length of a roofline shall exceed 50 linear feet without a variation in elevation. Said variation in elevation shall not be less than two feet.

Gasoline canopy. Gasoline canopies shall also comply with the following requirements and are exempt from 2. above:

(i)

The gasoline canopy shall match the architectural character, materials, and color of the convenience store or principal structure.

(ii)

(iii)

The support columns for the gasoline canopies shall match the facade of the convenience store.

The design of accessory/out lot buildings shall reflect and coordinate with the general architectural style inherent in the primary structure on the property.

Landscape requirements. In addition to the standard requirements of the landscape ordinance, the following landscape requirements shall apply to the overlay zone:

Street frontage SR 138 and SR 314 (major arterial) landscape area. Fifty feet along the right-of-way of SR 138 and SR 314. The first 25 feet as measured from the right-of-way is for required landscape planting only. The remaining 25 feet may be used for septic system placement; underground stormwater detention systems; and the following stormwater management facilities/structures, if designed in full accordance with the specifications provided in the most current edition of the Georgia Stormwater Management Manual: vegetated channels, overland flow filtration/groundwater recharge zone, enhanced swales, filter strips, and grass channels. Septic systems and stormwater structures shall be exclusive of each other and the minimum distance of separation between wastewater and stormwater structures shall be established by the environmental health department and the county engineer. Utilities (including underground stormwater piping) and multi-use path connections may be located anywhere within the landscape area.

Side yard landscape area. Ten feet in depth alongside property lines, unless adjacent to a residential district where buffer requirements will apply.

Lighting.

Shielding standards. Lighting shall be placed in such a fashion as to be directed away from any adjacent roadways for nearby residential areas.

Fixture height standards. Lighting fixtures shall be a maximum of 35 feet in height within the parking lot and shall be a maximum often feet in height within non-vehicular pedestrian areas.

Additional requirements.

All refuse areas and equipment shall be allowed in the side or rear yards only and shall be screened.

Bay doors shall not be allowed to directly face SR 138 or SR314.

All utilities shall be underground.

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.

(6)

Flat Creek Trail Overlay Zone. All property with a nonresidential zoning which has road frontage on Flat Creek Trail shall be subject to the following regulations, in addition to the zoning district requirements, and other development regulations which apply. The existing O-I properties on the northeast corner of Flat Creek Trail and SR 54 shall be exempt from these requirements as they were established under the SR 54 West Overlay Zone and that overlay zone will continue to apply to those properties. The intent of the overlay zone is to set standards specifically to Flat Creek Trail between SR 54 and Tyrone Road.

The purpose of the SR 54 West Overlay Zone is to achieve the following:

To maintain the residential and institutional character of the area; and

To control the architectural character and aesthetic quality of the development property with a nonresidential zoning.

Architectural standards. Structures shall maintain a residential character and these standards shall apply to new structures built on property with a nonresidential zoning. Elevation drawings denoting compliance with the following requirements shall be submitted as part of the site plan:

A pitched peaked (gable or hip) roof with a minimum pitch of 4.5 inches in one foot, including accessory structures and shall be of a type and construction complimentary to the facade. A pitched mansard roof facade with a minimum pitch of 4.5 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 pitched peaked roof would cause the structure to not meet the applicable height limit requirements. The mansard roof facade 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 (i.e., Hardiplank), wood siding, wood textured vinyl siding, brick/brick veneer, rock, stone, cast-stone, stucco (including synthetic stucco), or finished/baked enamel metal siding which establishes a horizontal pattern; and

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. This does not apply to stained glass windows for a church or other place of worship. Large display or storefront windows shall have a minimum two foot high knee wall consisting of fiber-cement siding (i.e., Hardiplank), wood siding, wood textured vinyl siding, brick/brick veneer, rock, stone, cast-stone, stucco (including synthetic stucco) or finished/baked enamel metal siding which establishes a horizontal pattern.

Additional requirements.

All roof-top heating, ventilation, and air conditioning equipment and shall be visually screened from adjacent roads and property zoned residential or A-R. The screen shall extend to the full height of the objects being screened.

No outside storage shall be allowed.

(Code 1992, § 20-7-5; Ord. No. 2012-09, § 5, 5-24-2012; Ord. No. 2012-14, § 7, 12-13-2012; Ord. No. 2014-10, § 1, 6-26-2014; Ord. No. 2019-04, § 2, 6-27-2019; Ord. No. 2020-02, § 21, 5-28-2020; Ord. No. 2020-05, § 1, 8-27-2020; Ord. No. 2021-01, § 1, 1-28-2021; Ord. No. 2021-05, § 5, 3-25-2021)

Sec. 110-174. - Historic district overlay zone.

Starr's Mill Historic District Overlay Zone at the SR 74, SR 85, & Padgett Road Intersection. All property and/or development located at this intersection with nonresidential use or zoning as depicted on the Future Land Use Map shall be subject to the following regulations, in addition to the zoning district requirements, and other development regulations as applicable. The General State Route Overlay Zone shall not apply to this area.

(1)

The purpose of the Starr's Mill Historic Overlay Zone at the SR 74, SR 85, and Padgett Road Intersection is to achieve the following:

To maintain the historic character of the area;

To control the intensity and aesthetic quality of development at the intersection as it is the southern gateway into Fayette County;

To promote and maintain orderly development for an efficient traffic flow in highway corridors; and

To protect existing and future residential areas outside of the intersection.

(2)

Access. Access to each nonresidential property and/or development shall be from SR 74, SR 85, or Padgett Road. All access points shall be required to comply with Georgia Department of Transportation regulations and/or Fayette County Development Regulations, as applicable.

(3)

Dimensional Requirements.

All parking areas shall be located at least 50 feet from SR 74, SR 85, or Padgett Road right-of-way.

Front yard setbacks on SR 74, SR 85, and Padgett Road for all structures, including gasoline canopies, shall be 100 feet.

Berms for nonresidential zoning districts: Berms when required as a condition of zoning, shall be a minimum of four (4) feet in height, and shall be placed to the inside of the applicable buffer.

If the side yard abuts a nonresidential zoning district, all non-structural improvements, other than approved access, shall be located a minimum of 10 feet from the side property line.

(4)

Architectural Forms and Standards. All new structures shall maintain the historical and aesthetic character of the area. Starr's Mill was built in the late 1800s and is a significant historic resource in Fayette County. Starr's Mill is indicative of turn of the century architectural character common in rural areas and is a building of influence in this area. Other architectural styles such as One-Part Commercial Block and Two-Part Commercial Block associated with this period are acceptable for this overlay zone. Architectural examples are on file in the Planning and Zoning Department.

Architectural Review. An owner/developer may obtain an administrative staff approval for structures by submitting elevation drawings denoting compliance with these architectural forms and standards. Staff review and approval will take place as part of the site plan approval process. An owner/developer may exercise an architectural review option for structures within the overlay zone. The purpose of this option is to allow the owner/developer to present a creative interpretation of the architectural intent of the overlay zone. Elevation drawings, submitted as part of the site plan approval process, shall be reviewed and considered by the Board of Commissioners in a public meeting with a recommendation from the Planning Commission and Staff.

Starr's Mill: Starr's Mill is a two-story structure with a gable roof. The roof is corrugated metal. The façade is wood clapboard siding and runs in a horizontal pattern. The structure sits on a stacked stone foundation and stacked stone pillars. Windows are wood-framed with a grid muntin pattern. Doors are also wood-framed. The structure has a covered porch with stairs and a wood picket rail banister. The building is red, the stairs, porch framing and banisters are white, the stair landings and porch decking are grey and the roof and porch covering is a grey corrugated metal.

Roof: Gable roof with a minimum pitch of 4 ½)inches in one foot. Roofing material shall be grey corrugated metal.

Façade Material: Clapboard siding running in a horizontal pattern on all walls. Acceptable sidings include wood and fiber-cement siding (e.g., Hardiplank). The foundation shall have the appearance of stacked stone. Façade colors shall match with the color palette on file in the Planning and Zoning Department.

Doors and Windows: Doors and windows shall have a frame and grid muntin pattern as established by Starr's Mill. Door and window frames shall be white with a minimum width of four inches. Large display windows and glass doors shall give the appearance of grid pattern muntins and framing consistent with Starr's Mill. Grid pattern muntins shall be white. Large display or storefront windows shall have a minimum two-foot high bulkhead consistent with the Façade Materials above.

Covered Entrance: Covered entrances shall be in character with the Starr's Mill porch consisting of a grey corrugated metal matching the roof of the main structure. A white wood picket rail banister with a minimum height of three feet shall extend the full length of the covered entrance with a maximum entrance space of three feet. All support structures shall be white.

One-Part Commercial Block: A popular commercial design from the mid-19th to the early 20th century. The one-part commercial block is a simple, one-story box with a flat or shed roof. Common façade materials consist of brick with decorative block, stone, and concrete accents. The focal point of the front façade is the entrance and windows, consisting of a recessed doorway and display windows with a transom resting on a bulkhead (the lower panels on which the windows rest) framed by pilasters. Architectural features include a cornice, belt course and parapet wall.

Façade Material: Brick/brick veneer shall be utilized on all walls as the primary façade material comprising a minimum of 65 percent of the wall, excluding doors, windows and associated framing. The brick color shall match with one of the colors in the brick palette on file in the Planning and Zoning Department. Painted brick shall not be allowed. The remaining 35 percent of the wall may have the appearance of a contrasting brick color, rough face decorative block, stone, and/or concrete accents and the colors shall match with the color palette on file in the Planning and Zoning Department.

Entrance Doors and Windows: The entrance door and window component shall consist of entrance door(s), display windows, door and window transoms, and bulkhead. Door and window frames may be constructed with wood, metal, or vinyl. An anodized silver finish shall not be allowed for door and window frames and all colors shall match with the color palette on file in the Planning and Zoning Department. Transoms shall be a minimum of two feet high and shall be separated from the windows and door by a mullion width of four inches. A minimum two-foot high bulkhead consistent with the Façade Materials above shall be required.

Architectural Features: A cornice is required. The cornice shall be a minimum of one foot in height with a minimum projection of four inches from the main façade. The projection may be gradual. A parapet wall is required along the front and side walls of the structure and shall be a minimum of two feet in height. Colors shall match with the color palette on file in the Planning and Zoning Department.

Two-Part Commercial Block: A popular commercial design from the mid-19th to the early 20th century. These buildings have two primary components — first floor storefronts (similar in design to a One-Part Commercial Block) and upper floors which historically were used for residential or office space. The focal point of the first floor is the entrance and windows, consisting of a recessed doorway and display windows with a transom resting on a bulkhead (the lower panels on which the windows rest) framed by pilasters. Upper floors have one or more floors of smaller symmetrically-positioned windows. Architectural features include a cornice, belt course and parapet wall. Common façade materials consist of brick with decorative block, stone, and concrete accents.

Façade Materials: Brick/brick veneer shall be utilized on all walls as the primary façade material comprising a minimum of 65 percent of the wall, excluding doors, windows and associated framing. The brick color shall match with one of the colors in the brick palette on file in the Planning and Zoning Department. Painted brick shall not be allowed. The remaining 35 percent of the wall may have the appearance of a contrasting brick color, rough face decorative block, stone, and/or concrete accents and the colors shall match with the color palette on file in the Planning and Zoning Department.

Entrance Doors and Windows (first floor storefronts): The entrance door and window component shall consist of entrance door(s), display windows, door and window transoms, and bulkhead. Door and window frames may be constructed with wood, metal, or vinyl, An anodized silver finish shall not be allowed for door and window frames and all colors shall match with the color palette on file in the Planning and Zoning Department. Transoms shall be a minimum of two feet high and shall be separated from the windows and door by a mullion with a minimum width of four inches. A minimum two-foot high bulkhead consistent with the Façade Materials above shall be required.

Upper Floor Windows: Upper floor windows shall be symmetrically positioned. All window frames shall match with the color palette on file in the Planning and Zoning Department.

Architectural Features: A cornice is required. The cornice shall be a minimum of one foot in height with a minimum projection of four inches from the main façade. The projection may be gradual. A belt course with a minimum projection of one inch from the main façade shall be required between the first floor and the second floor. A parapet wall is required and shall be a minimum of two feet in height. Colors shall match with the color palette on file in the Planning and Zoning Department.

Lighting:

All wall lighting shall consist of period lantern or goose neck pendant lighting. These restrictions shall not apply to wall lighting required by the Fire Marshal.

All pole lighting shall consist of period post top globe, lantern, or pendant luminaries with rapid-ship posts.

Within the 50-foot front landscape area, a wall or fence is required to run along a minimum of forty (40%) percent of the frontage. If a wall, the wall shall be a minimum of three (3) feet in height with the appearance of stacked stone. If a fence, the fence shall be a minimum of four (4) feet in height with the appearance of wrought iron, picket, split rail or horse rail fence. Fence materials are limited to metal, vinyl/plastic, pre-cast concrete and masonry for columns.

Color Palette: Only those colors indicated on the color palette on file in the Planning and Zoning Department shall be allowed for structures. Any changes to the color of structures in this overlay must be submitted to Staff for approval.

The design of ancillary buildings and sign structures shall be consistent with the architectural style and color inherent in the principal structure on the property.

(5)

Landscape requirements. In addition to the standard requirements of the landscape ordinance, the following landscape requirements shall apply to the Overlay Zone:

Street Frontage: Landscape area: Fifty (50) feet along the right-of-way of SR 74, SR 85, and Padgett Road. The first 25 feet as measured from the right-of-way is for required landscape planting only. The remaining 25 feet may he used for septic system placement; underground stormwater detention systems; and the following stormwater management facilities/structures if designed in full accordance with the specifications provided in the most current edition of the Georgia Stormwater Management Manual; vegetated channels, overland flow filtration/groundwater recharge zone, enhanced swales, filter strips, and grass channels, Septic systems and stormwater structures shall be exclusive of each other and the minimum distance of separation between wastewater and stormwater structures shall be established by the Environmental Health Department and the Environmental Management Department. Utilities (including underground stormwater piping) and multi-use path connections may be located anywhere within the landscape area.

Side Yard Landscape Area: Ten feet in depth along the side property lines unless adjacent to a residential district where buffer requirements will apply.

(6)

Use of existing structure. When property containing legal conforming or legal nonconforming structures, under the current zoning, is rezoned to a nonresidential zoning district 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.

(7)

Lighting and shielding standards. Lighting shall be placed in a manner to direct light away from any adjacent roadways or nearby residential areas.

(8)

Special locational and spatial requirements.

No more than 50 percent of the required parking can be located in the front yard along a State Route as established by the front building line of any structure located on the site. Sites with existing parking are exempt.

No outside storage allowed.

All rooftop heating, ventilation, and air conditioning equipment and satellite/communications equipment shall be visually screened from adjacent roads and property zoned residential or A-R. The screen shall extend to the full height of the objects being screened.

(Code 1992, § 20-7-6; Ord. No. 2012-09, § 5, 5-24-2012; Ord. No. 2016-15, § 5, 7-28-2016)

Sec. 110-175. - Special use of property.

Special uses of property include certain uses which are allowed in a particular zoning district, provided that all conditions specified under this chapter are met. The zoning administrator shall issue a permit for a special use of property for each use listed below upon compliance with all specified conditions and approvals by the appropriate state and county officials.

(1)

Special regulations. Prior to issuance of a special use of property permit and/or a building permit, a site plan, as applicable to demonstrate compliance shall be submitted to the zoning administrator and approved by the applicable departments. This requirement shall apply to all special uses of property allowed within the various zoning districts.

(2)

Special uses of property allowed.

Drug abuse treatment facility. Allowed in the O-I zoning district.

Minimum lot size: three acres.

A minimum 50-foot vegetated buffer with a four-foot decorative fence shall be provided along all boundaries that abut any residential or A-R zoning district, irrespective of the use of the abutting property.

All building setbacks shall be measured from the required buffers.

Minimum setbacks:

Front yard: 100 feet

ii.

Side yard: 50 feet

iii.

Rear yard: 50 feet

The facility shall also be approved and licensed by the Georgia Department of Community Health.

The use shall meet the public notice and public hearing requirements as set forth in O.C.G.A. § 36-66-4(f).

(Ord. No. 2023-06, § 1, 7-27-2023; Ord. No. 2023-07, § 1, 7-27-2023)