A home occupation as defined by this ordinance shall be governed by the following requirements:

9-1.1

At least one (1) resident and not more than one (1) nonresident of the dwelling may be engaged in the home occupation. The resident must be the owner of the home occupation.

9-1.2

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.

9-1.3

No display of products shall be visible from the street, and only products produced on the premises may be sold on the premises.

9-1.4

Only one (1) point of business sign, not exceeding two (2) square feet in size, motionless, nonlighted, and attached to the principal building, shall be permitted, and no advertising signs shall be permitted.

9-1.5

Use of the building for this purpose shall not exceed twenty-five (25) percent of one (1) floor of the principal building.

9-1.6

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

9-1.7

The occupation shall not constitute a nuisance in the neighborhood.

9-1.8

No accessory buildings or outside storage shall be used in connection with the occupation.

9-1.9

Instruction in music and similar subjects shall be limited to two (2) students at a time.

9-1.10

Vehicles used primarily as passenger vehicles only shall be permitted in connection with the conduct of the customary home occupation.

9-1.11

The following and similar uses may be considered home occupations provided that all additional requirements of this section are met: accountant, addressing service, answering service, architect, art instructor, barber or beauty shop (with no more than one (1) chair), drafting, dressmaking, insurance agent, manufacturing agent, music teacher, notary public, photography, real estate agent, and tax consultant.

9-1.12

Not more than five (5) children may be kept in the home as a nursery as a customary home occupation. (See definition of nursery school at 2-32.)

The requirements as set forth in this subsection shall apply to all lands and structures intended primarily to provide for owner occupied residential units, including condominiums, single-family attached dwelling units (with or without condominium ownership), patio homes, zero lot line, and other similar housing types. Multiple buildings may be allowed on a single lot in these development types. Residential group development projects are allowed in the M-R zoning district as a matter of right and in the P and D-C zoning districts as a special exception.

9-2.1

A condominium is defined as a type of residential development which includes individually owned dwelling units in a multifamily structure, combined with joint ownership of common areas of the buildings and grounds.

9-2.2

Single-family attached dwellings are a type of residential development which includes a dwelling unit on a subdivided lot individually owned, though attached by a common party wall to another dwelling unit on an adjacent lot. This housing type may also include provisions for joint ownership of common areas of certain buildings and grounds.

9-2.3

Two (2) parking spaces shall be provided for each dwelling unit proposed as a part of any residential group development project. (Does not apply to D-C district.)

9-2.4

Residential group development projects shall conform to the building height restrictions listed in section 6 of these regulations.

9-2.5

Each dwelling unit proposed as part of a residential development project shall meet the minimum floor area requirements listed in section 6 of this ordinance, as well as limitations for efficiency and one (1) bedroom units as part of the total project development.

9-2.6

No building containing single-family attached units shall contain more than ten (10) units. There shall be a fire wall with a four-hour rating between every unit. Each dwelling unit shall be serviced by separate utilities.

9-2.7

Minimum lot area for all residential group development projects shall meet the minimum lot area requirements listed in section 6.

9-2.8

The following minimum lot area shall be left in a natural state as open space or be developed as park and/or open air recreation facilities. Required yard areas shall not be credited towards this minimum open space allocation:

9-2.8.a

Single-family attached dwelling units—Five hundred (500) square feet per dwelling unit on all projects one acre and over.

9-2.8.b

Condominium—Five hundred (500) square feet per dwelling unit. (Does not apply to D-C district.)

9-2.9

Applications for a building permit for all residential group development projects shall be subject to the provisions of subsection 11-3 of this ordinance. In addition, if the project proposes the subdivision of the tract into various individual lots and common area, a copy of the planned subdivision must be supplied to the zoning administrator. Said plat shall be properly reviewed by the planning commission and recorded in the land records of Ben Hill County prior to granting of the respective building permit(s).

9-2.10

Due to the design needs of this development type, standard lot sizes and interior setback lines shall not apply. However, zoning district mandated front, side and rear yard setbacks shall apply to all lots where these developments abut traditional development types or newly developed public streets.

Multifamily development projects are allowed within MR, P, CC and GB zoning districts as a matter of right and within the D-C zoning district as a special exception:

9-3.1

Multiple buildings may be allowed on a single lot in these development types.

9-3.2

Two (2) parking spaces shall be provided for each dwelling unit proposed as part of any multifamily development project. (Does not apply to D-C district.)

9-3.3

Multifamily development projects shall conform to the building height restrictions and yard setback requirements listed in section 6 of this ordinance.

9-3.4

Each dwelling unit proposed as part of a multifamily development project shall meet the minimum floor area requirements listed in section 6 of this ordinance, as well as limitations for efficiency and one (1) bedroom units as part of the total project development.

9-3.5

All multifamily development projects shall leave five hundred (500) square feet per dwelling unit in a natural state as open space or be developed as park and/or open air recreation facilities. This requirement does not apply to multifamily development projects in the D-C district.

Mobile home parks are allowed within the MHP district as a matter of right provided the following requirements are met:

9-4.1

The minimum size shall be two (2) acres.

9-4.2

The park shall have minimum side yards of twenty (20) feet, minimum rear yard of twenty (20) feet, and a front yard of at least twenty (20) feet greater than that required for other uses permitted in the district.

9-4.3

Each mobile home shall be connected to an approved water and sewer system.

9-4.4

The minimum lot area per mobile home shall be not less than four thousand (4,000) square feet with a minimum stall width of forty (40) feet.

9-4.5

The minimum distance between any two (2) mobile homes or between any mobile home and any other building in the park shall be twenty (20) feet.

9-4.6

A twenty-foot drive, paved and properly drained, shall serve all mobile home stalls and be drained so as to prevent damage to adjoining property, public or private.

9-4.7

Surfaced walkways having a minimum width of three (3) feet shall be provided from all mobile home lots to all group facilities, garbage collection areas, and mail pick-up areas.

9-4.8

Each mobile home lot shall be clearly defined by means of concrete, steel or iron pipe markers placed at all corners.

9-4.9

At least two hundred (200) square feet per mobile home lot, not to be a part of the required mobile home lot, shall be provided in one (1) or more locations for community playground and recreation purposes.

9-4.10

All property lines of a mobile home park which abut any zoning district other than another MHP district shall be screened as described in section 3-19.

9-4.11

No mobile home park shall be occupied by a greater number of mobile homes than that authorized in the approved building and inspection permits. No mobile home park shall be enlarged or extended unless a separate building permit and a separate certificate of occupancy have been issued.

9-4.12

Any new mobile home park is subject to review and approval of Fitzgerald/Ben Hill County Planning Commission prior to approval of a building permit to insure compliance with the aforementioned requirements.

(a)

No tiny house may be erected or installed without prior approval of the zoning administrator and shall meet all requirements of the building code adopted and in effect at the time of such construction.

(b)

A tiny house may only be located upon property zoned THV. No tiny house shall be located upon property with any other zoning designation.

(c)

All tiny houses shall conform with the definition of dwelling as provided herein except for the minimum cross-section width of eighteen (18) feet. No manufactured units are permitted.

(d)

A tiny house shall have the following:

(1)

A dedicated kitchen area with a sink, cooking appliance, refrigerator and clear working space of not less than thirty (30) linear inches.

(2)

A separate bathroom with toilet, lavatory, and shower or bathtub

(3)

A separate closet

(e)

All tiny houses must be placed upon permanent foundations and connected to the municipal sewage system, and municipal water system, and electrical service.

(Ord. No. 23-1609, § 3, 10-9-23)

A tiny house village is allowed within the THV district as a matter of right provided the following requirements are met, to wit:

(a)

The minimum size of such development shall be one (1) acre.

(b)

The development shall be surveyed and reduced to a plat of said survey recorded in the appropriate Office of the Clerk of Superior Court.

(c)

Said development shall be divided into lots of a size not less than two thousand (2,000) square feet.

(d)

All such lots shall include a designated area for parking of a size to accommodate at least one (1) automobile.

(e)

All lots shall have a minimum of forty (40) feet of frontage on the access thoroughfare.

(f)

All lots shall have access to a street or roadway which is part of the road system of the City of Fitzgerald. Such access may be by road or recorded permanent, paved, ingress and egress easement.

(g)

All lots shall be constructed to be connected to the municipal sewage and water system.

(Ord. No. 23-1609, § 3, 10-9-23)

a.

Dispensing licensee shall be defined as the holder of a specially issued license from the Georgia State Board of Pharmacy or the commission (pursuant to O.C.G.A. 16-12-206) to dispense low THC oil and products to registered patients, as defined by O.C.G.A. § 16-12-200.

b.

Low THC Oil means an oil that contains an amount of cannabidiol and not more than five (5) percent by weight of tetrahydrocannabinol, tetrahydrocannabinolic acid, or a combination of tetrahydrocannabinol and tetrahydrocannabinolic acid which does not contain plant material exhibiting the external morphological features of the plant of the genus Cannabis. Such term shall not mean products approved by the federal Food and Drug Administration under Section 505 of the federal Food, Drug, and Cosmetic Act.

c.

Low THC Oil products shall be defined as low THC oil delivered through an oil, tincture, transdermal patch, lotion, or capsule, except as prohibited by O.C.G.A. § 16-12-234, but not including any food products infused with low THC oil, including, but not limited to, cookies, candies, or edibles.

d.

The possession of a dispensing license shall be required for the sale and/or provision of Low THC oil and/or Low THC oil products by any individual or entity.

e.

The location restrictions with respect to the sale or provision of Low THC oil set forth in O.C.G.A. § 16-12-215 shall not be applicable or enforceable within the City of Fitzgerald, Georgia. Such exemption is made in accordance with the provisions of O.C.G.A. § 16-12-215.

(Ord. No. 23-1614, § 1, 12-11-23)

Editor's note— Ord. No. 23-1614, § 1, adopted December 11, 2023, amended the Code by adding provisions designated as § 9-5. Inasmuch as there were already provisions so designated, and at the discretion of the editor, the provisions have been redesignated as § 9-7.