The following specific requirements apply to each of the following uses in all zoning districts where each use is permitted with limitations.

a.

Regulation of Commercial Poultry Operations and Concentrated/Confined Animal Feeding Operations (CAFO)

(1)

Setbacks. In addition to the other setbacks set forth in other portions of the ULDC, no commercial poultry houses or production area within a concentrated/confined animal feeding operation, stack houses and other structures for the storage or disposal of animal waste and/or deceased animals ("Commercial Livestock Structure") shall be constructed where any portion of said Commercial Livestock Structure, as measured in the shortest straight line distance, is:

a.

Two hundred (200) feet or less from any property line;

b.

One thousand five hundred (1,500) feet or less from any building that is regularly used as an occupied government building, school, public park, or public community center provided, however, that this requirement may be waived by the owner of the property (or their authorized agents) on which such an establishment is located. If more than one person owns or has any ownership interest of record of the property where such an establishment is located, then the consent of all owners shall be required;

c.

Six hundred (600) feet or less from a public hospital, church, other house of worship, senior center, nursing home, retirement home, restaurant, provided, however, that this requirement may be waived by the owner of the property (or their authorized agents) on which such an establishment is located. If more than one person owns or has any ownership interest of record of the property where such an establishment is located, then the consent of all owners shall be required; and

d.

Six hundred (600) feet or less from any portion of an existing Dwelling that is not owned by the person who owns the Commercial Livestock Structure; provided, however, that these requirements may be waived by the owner of the property where the dwelling is located. If more than one person owns the property where the dwelling is located, then the consent of all owners shall be required. No new residential dwelling shall be constructed in any location where any portion of the residential dwelling is six hundred (600) feet or less from a Commercial Livestock Structure that is not owned by the person who owns the Dwelling; provided, however, that this requirement may be waived by the owner of the property where the Commercial Livestock Structure is located. If more than one person owns the property where the Commercial Livestock Structure is located, the consent of all owners shall be required;

e.

Accessory structures, such as equipment repair shops, offices and well houses, must only meet the accessory structure setback requirements of the zoning district in which they are constructed.

(2)

Existing Non-conforming Commercial Livestock Structures.

a.

Existing Commercial Livestock Structures, in operation at the time this article is adopted on, which do not meet the requirements specified herein for Commercial Poultry Operations and Concentrated/Confined Animal Feeding Operations (CAFO), shall be "grandfathered" in as nonconforming for the purposes of this article. Such operations shall not have to comply with location and setback restrictions for existing Commercial Livestock Structures, provided they are in compliance with applicable state and federal regulations for water and air quality.

b.

Change of ownership. In the event that a currently operating Commercial Poultry Operation or Concentrated/Confined Animal Feeding Operation (CAFO) changes ownership for any reason, the existing Commercial Livestock Structures on these commercial operations shall be "grandfathered" in as nonconforming for the purposes of this article. Such operations shall not have to comply with location and setback restrictions for existing Commercial Livestock Structures, provided they are in compliance with applicable state and federal regulations for water and air quality.

c.

Inactive Commercial Poultry Operation or Concentrated/Confined Animal Feeding Operation (CAFO). Existing Commercial Livestock Structures that have been in an inactive state for less than twelve (12) months shall also be "grandfathered" in as nonconforming for the purposes of this article. Such structures shall not have to comply with location and setback restrictions for existing Commercial Livestock Structures, provided they are in compliance with applicable state and federal regulations for water and air quality.

d.

Rebuilding of existing Commercial Livestock Structures. Existing Commercial Livestock Structures, that are in operation at the time this article is adopted, but need to be rebuilt due to significant damage or destruction, may be rebuilt without complying with the location and setback restrictions for Commercial Livestock Structures, only if:

i.

The structure is rebuilt in a manner that does not exceed the nonconformity of the structure as it existed at the time of the adoption of this article; and

ii.

The replacement structure is permitted for reconstruction within twelve (12) months of the date of the significant damage or destruction; and

iii.

The burden shall be on the owner of the Commercial Livestock Structure to show that the plans to rebuild such a structure do not exceed the non-conformity of the structure as it existed at the time of the adoption of this article.

(3)

Minimum Acreage. All new Commercial Poultry Operations and Concentrated/Confined Animal Feeding Operations (CAFO) shall be constructed on lots of a minimum size of ten (10) contiguous acres. An additional five (5) acres is required to be added to such parcel for every Commercial Livestock Structure to be constructed over two.

(4)

Compliance with Federal and State Law. Commercial Poultry Operations and Concentrated/Confined Animal Feeding Operations (CAFO) shall comply with the requirements of the Georgia Department of Natural Resources Environmental Protection Division, Georgia Department of Agriculture and the U.S. Department of Agriculture and U.S. Environmental Protection Agency Rules and Regulations for water and air quality.

b.

Livestock sales pavilions, operated in accordance with state and county health department regulations, are required to be located at least 50 feet from any property line.

c.

Riding stable:

(1)

Lot must be at least 5 acres.

(2)

Structures shall be located at least 50 feet from any property line.

d.

Temporary or portable sawmill:

(1)

Shall not exceed a period of six months.

(2)

Such use must be at least 200 feet from any property line.

e.

Tenant dwelling for persons employed on land used for bona fide agricultural purposes may not be rented for any other purposes but to provide housing for persons employed by agricultural operations upon the same parcel of land; except that such dwellings that were built prior to the adoption of this Ordinance may be rented.

(Ord. No. 01, 2025, § 4, 1-28-25)

a.

Automotive parking lot or parking garage, commercial may include gasoline pumps if located entirely within the principal structure.

b.

Automobile repair and paint shops:

(1)

CITY: Such use shall not be permitted within 300 feet of any property used for school, park, playground, day care home or center, nursing home, convalescent home, personal care home, or hospital; or within 300 feet of any residentially zoned property.

COUNTY: Such use shall not be permitted within 300 feet of any property used for a school, park playground, or hospital.

(2)

All activities shall be carried on entirely within an enclosed building.

(3)

CITY: Damaged vehicles shall be stored within a storage area that meets the criteria outlined in Section 4.1.2 i.

COUNTY: Such use shall not be established on a lot that is either adjacent to or directly across the street from any residentially zoned property.

c.

Automobile and truck salvage and retail sales.

(1)

Automotive salvage operations where parts are to be retailed or wholesaled as usable replacement parts are permitted; provided, they are properly screened from view on all sides by a solid fence a minimum of eight feet tall.

d.

Automotive Service Business and Automobile Service Station.

(1)

Auto repair shall not be permitted.

(2)

Gasoline pumps and other service facilities shall be set back not less than 15 feet from the right-of-way line.

(3)

All activities and storage of tires, parts, etc. shall be carried on entirely within an enclosed building.

(4)

No inoperable vehicles shall be stored on the site for more than 24 hours.

(5)

Such use in a P-D District shall not be constructed until the primary structure has been constructed.

e.

Automobile, boat, truck and trailer sales, lease and rentals:

All parking areas shall be clearly marked, and no unit shall be parked within the setback areas of the district.

f.

Automobile wash service:

A paved area shall be located on the same lot for the storage of vehicles awaiting service equal to one-third of the practical hourly capacity of the wash machines.

g.

Automobile wrecking or junkyards:

(1)

Such use shall be enclosed by a fence or wall not less than eight (8) feet in height that provides total visual screening. Such screening shall be maintained in good condition and meet the standards established for buffers in Article 6.

(2)

The storage of vehicles shall be on asphalt, concrete or gravel. Vehicles shall be arranged in rows and not stacked upon one another.

(3)

No such activity may be conducted within 100 feet of any property line or 200 feet of any property zoned or used for residential purposes. The incidental sale of auto parts removed from cars on the site shall be permitted.

h.

Retail automobile parts and tire store:

(1)

Unless elsewhere permitted within the district, there shall be no dismantling of vehicles on the premises to obtain auto parts.

(2)

Unless elsewhere permitted within the district, the only auto part installation that shall be permitted in connection with this use shall be the installing of tires and the installation of minor maintenance or accessory parts.

(3)

Unless elsewhere permitted within the district, major auto repair shall not be permitted in connection with this use.

i.

Storage yards for damaged or confiscated automobiles:

(1)

This use shall be enclosed by a fence or wall at least eight (8) feet in height that provides total visual screening. Such screening shall be maintained in good condition and meet the buffer standards of Article 6 - "Site Design Standards."

(2)

The storage of vehicles shall be on an all-weather treatment such as asphalt, concrete or gravel. Vehicles shall be arranged in rows and not stacked upon one another.

(3)

No such activity may be conducted within 100 feet of any property line or 200 feet of any property zoned or used for residential purposes. The incidental sale of auto parts removed from cars on the site shall be permitted (CITY ONLY).

(4)

No dismantling, repair, or other such activity shall be conducted unless otherwise permitted in the district.

(5)

No automobiles shall be held longer that the expiration of its current registration period (CITY ONLY).

(6)

No vehicle shall be held longer than sixty (60) days from its arrival on the property (COUNTY ONLY).

a.

When abutting a residentially zoned district, any building or structure shall be set back not less than 50 feet from any side or rear property line.

b.

No parking area shall be established within 20 feet of a residential zone.

c.

For new construction on undeveloped ground the site must be at least one acre in size and have frontage on a public street of at least 100 feet.

All structures shall be at least 50 feet from any property line, and parking.

All towers must be set back from any adjacent (next to or across the street) lot or unrelated structure a distance equal to the height of the tower. Section 4.1.5 shall not have application to towers located in the county.*

Note— *Setbacks for communications, radio, and TV towers located in the county shall be established through a separate comprehensive ordinance of the County and not the ULDC.

Storage of materials not within a building or structure shall be screened by a permanent fence, wall or approved planted buffer. Such screen shall be at least 6 feet in height or two feet higher than stored materials, whichever is higher. Such screen shall also be in conformance with buffer standards in Article 6 - "Site Design Standards."

Such uses are allowed by right if less than 10,000 square feet and if the sales area is within a building and occupies more than 10,000 square feet of building floor area, it shall be permitted with limitations by special use permit.

A restaurant in this district shall be a custom service restaurant and shall be located in a pre-existing residential structure modified for such use.

a.

The lot shall have access on an arterial or major collector.

b.

There shall not be less than 30 square feet of indoor play area for each child at maximum enrollment, and not less than 100 square feet per child of outdoor play area, for the maximum number of children that will use the play area at any given time, but in no case less than one-third of the maximum enrollment.

c.

A fence not less than 4 feet in height shall enclose the outdoor play area.

d.

A circular drive shall be provided for off-street loading and unloading.

e.

In P-D and C-B-C Districts the use shall be permitted only as accessory use to a primary use.

a.

Dry cleaning plants using systems that make use of solvents rated at above 40 according to the Underwriters' Laboratories, Inc., standard of classification known as class I systems shall be prohibited.

b.

Dry cleaning plants that make use of solvents rated at more than 5 but less than 40 according to the Underwriters' Laboratories, Inc., standard of classification, known as class II and III systems shall not be established in buildings with other occupancy. They shall be established in buildings that are set back at least 20 feet from any side or rear property line and another building.

c.

The applicant for such a plant shall certify in writing at the time of application that all the above conditions shall be met. Such dry cleaning plant shall comply with all of the requirements of the Life Safety Code NFPA No. 101.

d.

Such plant shall be designed to operate in a manner that will not emit noise, smoke, odor, or objectionable waste materials.

a.

Bed and Breakfast Inn.

(1)

Permitted only in federally designated National Historic Register districts and the A-R District as a Special Use.

(2)

Bed and Breakfast Inns are permitted to offer 1 to 10 units.

(3)

Parking requirements are stated in Article 6 - Subdivision and Project Standards.

(4)

Signs shall meet the sign standards of the district wherein the facility is located.

b.

Fraternity and sorority houses and residence halls.

(1)

The use must be located within 1,000 feet of an accredited institution of higher education.

(2)

In computing area required to determine dwelling unit densities, each six beds or fraction thereof shall be considered as 1 dwelling unit.

These regulations shall govern the use and operation of all manufactured homes used for residential purposes and manufactured home communities within the County. It is the intent of these regulations to empower the Planning Commission, the fire department, the county health department, and the building inspection department to review the development of manufactured home sites and parks within the county for the purposes stated in this article.

a.

Purpose.

These regulations are being promulgated to project the health, safety and general welfare of the citizens of the County. The County recognizes that manufactured housing meets the needs of many county residents for affordable housing.

b.

General Standards.

(1)

No mobile home shall be brought into the County after the effective date of this Development Code.

(2)

Zoning requirements:

(a)

A-R District: Manufactured and mobile homes are permitted with limitations within unincorporated Floyd County and only by Special Use Permit inside the City of Rome.

(b)

S-R or P-D Residential Districts: Manufactured homes on individual lots are permitted only by special use permit within those portions of the county consisting of land development projects in which two or more lots are created, along with streets and utilities needed to support construction of buildings on the lots. In other portions of the county in said Residential Districts, manufactured homes are permitted with limitations. Manufactured homes on individual lots in the city are allowed only be special use permit. Manufactured home subdivisions are permitted with limitations.

(c)

HT-R and LT-R Residential District: Manufactured homes on individual lots are not permitted.

(d)

D-R Residential District: Manufactured homes on individual lots are excluded from the Duplex District. Manufactured home subdivisions are excluded from this zone.

(e)

M-R Multifamily Residential District: Duplex manufactured homes are permitted. Manufactured home parks are permitted with limitations.

(f)

Manufactured and mobile homes are prohibited from any historic district.

(3)

Mobile home inspection.

No mobile home shall relocate from a site within the county without the following inspection. The cost of such inspection shall be the responsibility of the mobile homeowner.

(a)

Structural inspection by the Building Official to assure integrity of outside structural items such as windows, doors, and siding.

(b)

HVAC inspection conducted by the Building Inspection Department:

1)

Gas piping systems shall stand a pressure of six (6) inches mercury or three (3) psi gauge for a period of not less than ten minutes without showing any drop in pressure.

2)

When appliances are connected to the gas piping system, the entire system shall be pressurized to not less than ten (10) inches and not more than fourteen (14) inches water column and the appliance connections tested for leakage with soapy water or bubble solution.

(c)

Electrical inspection shall be conducted by Building Inspection and shall meet the requirements of the latest edition of the National Electrical Code.

(d)

Smoke detectors shall be installed and operational using the mobile home's internal electrical wiring. At the minimum, a detector shall be located in the hallway(s) leading to the sleeping area(s). Detectors shall be Underwriter's Laboratories approved and installed in accordance with the manufacturer's instructions.

(4)

An annual location decal is required and shall be filed by the owner of a manufactured or mobile home located in the county. The filing is at the office of the tax commissioner. Homes having filed for a homestead exemption in the property tax assessor's office are excluded from such requirement.

(5)

Permanent additions may be built onto any manufactured home or mobile home provided such addition or modification meets the requirements of the building code and the procedures outlined for developing a manufactured home park as applicable.

(6)

Manufactured or mobile homes placed after the date of this article shall be required to have the following improvements at the manufactured or mobile home stand per the Manufactured Home Division of the Safety Fire Commissioner of the State of Georgia:

(a)

Tiedowns: Each manufactured or mobile home shall be secured to ground anchors or other devices securing the stability of the manufactured or mobile home as outlined in the building code.

(b)

Foundations: Foundations shall be installed in accordance with the standards set forth in the Georgia Installation Code for Manufactured Homes.

(c)

Steps: Steps are required to be placed within 45 days of installation for all doors into the manufactured home and shall be at least 36 inches in width. If more than 3 steps are required, the steps shall be equipped with a hand railing. The improvements shall comply with the provisions of the building code.

(d)

Any manufactured or mobile home located within the county shall be skirted within 45 days of installation.

(e)

Any manufactured home or mobile home located within the City must be placed on a masonry foundation, slab, or masonry piers with masonry curtain within 45 days of its installation. The towing tongue and wheels shall be removed.

(7)

Any manufactured or mobile home that is damaged by fire, flood, explosion, wind or other catastrophe in any amount equal to or greater than 60 percent of its replacement value shall be removed and disposed of or repaired by the owner within 90 days after damage occurred unless a variance has been granted.

(8)

Nonconforming manufactured or mobile home sites, parks, or subdivisions lawfully existing at the time of adoption of this regulation may be continued; but if such nonconforming use is discontinued for a period of 12 months, the manufactured or mobile home site, park, or subdivision shall be made to conform to the requirements of these regulations.

c.

Exceptions:

An exception to the provisions of this article may be granted based on medical hardship by authorized staff of the Planning Commission. An application for exception shall contain an affidavit of a physician showing at present lodging facilities are inadequate and that a hardship condition exists requiring the use of a manufactured home for the health care of a dependent of the occupant of the premises. The application shall attach a separate statement by the applicant that he/she recognizes the exception, if granted, is to last only as long as the health condition exists.

An exception may also be granted in an area that has been officially declared a disaster area by federal, state, or local government. In such a case, an application for exception shall include a statement by the applicant that he/she is the owner of the premises; and that he/she recognizes the exception is temporary and shall last only until permanent housing can be repaired or replaced; no more than 180 days which period can be extended one time for 180 more days by Planning Department staff.

In either case:

(1)

Any change in the status of the occupant(s) justifying the granting of an exception, shall be reported to the City of Rome/Floyd County Building Inspection and/or Planning Office within 30 days.

(2)

The applicant shall also state that he/she shall cause the removal of manufactured home on the termination of the exception and that upon failure to do so irrevocably grants the Governing Body the right to use equipment to remove the manufactured home from the premises at the applicant's expense.

(3)

A manufactured home placed in this manner is not to be used as a rental property. It must be removed at the expense of the property owner, once the special medical or other need for which a variance was granted no longer exists.

d.

Manufactured and mobile homes on individual lots.

(1)

Manufactured and mobile home situated on individual lots in the unincorporated county shall be required to meet the same location standards as other single-family units within the same zoning district.

(2)

Health Department approval will be required for every manufactured home and/or mobile home on a lot not connected to public sewer systems. Lot size shall be approved by the Health Department using appropriate percolation and/or soil test data. No septic tanks shall be allowed if public sewerage is available. All dwellings shall connect to the public sewer when such sewer is within 300 feet of the property being subdivided.

(3)

All lots shall comply with the Flood Damage Prevention provisions of this Development Code. Each lot shall have thereon a viable home-site above the 100-year floodplain.

(4)

Any manufactured home or mobile home placed on an individual lot within the City shall be compatible with single-family dwellings on surrounding lots for a distance of 100 feet or one block in any direction in terms of roof pitch, exterior wall treatment, and orientation relative to the street frontage.

e.

Where private sewerage disposal systems are to be placed in front yard areas, setbacks shall be established by the Floyd County Health Department but shall not be less than 40 feet.

f.

Manufactured home subdivisions.

(1)

Manufactured home subdivisions shall be required to meet all the development standards of this Code.

(2)

Manufactured and mobile homes situated on individual lots shall be required to meet the same standards for location as single-family dwelling units. Prior to the placement of the manufactured or mobile home on the lot, the owner shall submit a plot plan or an affidavit signed by the owner to the building inspection department that indicated the site complies with the provisions of this ordinance concerning the placement of such homes.

(3)

Any manufactured home placed on an individual lot in a manufactured home subdivision within the City shall be compatible with single-family dwellings on surrounding lots for distance of 100 feet or one block in any direction in terms of roof pitch, exterior wall treatment, and orientation relative to the street frontage.

g.

Manufactured home parks:

(1)

Approval of manufactured home parks:

Procedures for developing a manufactured home park shall follow the same standards as specified for site plan approval outlined in Article 2. This article relates to application submissions, approval processes, erosion and sediment control, design issues, grading, flood area management, etc.

(2)

Site standards for manufactured home parks:

(a)

Any park of 10 units or more must be located on a road classified as an arterial as specified in the county road maintenance register or otherwise be on a state highway. Said park shall have a minimum street frontage of 300 feet. Parks with less than 10 units shall be located on a major collector or higher functional street classification and have a minimum road frontage of 150 feet.

(b)

Manufactured home parks shall front on a publicly maintained street.

(c)

Manufactured home parks shall be served by a public water and sanitary sewer source. Any extension of public water lines shall be constructed in accordance with standards established by this Development Code for single-family dwellings. All water mains shall be at least 6 inches in diameter. Fire hydrants shall be readily accessible for fire department use. Hydrants shall be located so that each home or building in the park is within 500 feet of a hydrant.

(d)

All manufactured home parks shall be served by a garbage collection system. Collection facilities may be provided for the entire community or at individual lots within each manufactured home park. The design for these facilities must be approved at the time of development plan approval.

(e)

Each manufactured home shall be located on a lot having an area of 5,000 square feet and minimum building line width of 40 feet.

(f)

Manufactured homes shall be separated from each other and from other buildings and structures by at least sixteen (16) feet. Porches and decks without tops or opaque roofs shall be excluded from this requirement.

(g)

One accessory storage building is allowed on an individual lot. The maximum size shall not exceed 120 square feet.

(h)

All structures shall be set back from any exterior property line of the manufactured home park by 40 feet.

(i)

One or more recreation areas shall be provided within those manufactured home parks having 10 or more units. Such recreation area shall constitute a minimum of 5 percent of the space designated for residential lots. All such recreation areas shall be so designated on the development for the park and shall not be converted to use as a manufactured home lot. Recreation areas shall be so located as to be free of traffic and safety hazards. At least 50 percent of the recreational open space land shall be of a character suitable for active recreation, such as playgrounds or ball fields.

(j)

All interior roadways are to be surfaced with a material such as asphalt, chert, gravel, etc., to a width of 12 feet for one-way streets or to a width of 18 feet for two-way streets and maintained by the manufactured home park owner.

(k)

Areas not surfaced or built over shall be planted in grass or other suitable vegetative cover.

(l)

Adequate security lighting shall be provided for the manufactured home park.

(m)

The location of electrical cables, gas piping, and sewer lines buried underground shall be indicated by an above ground sign(s) or underground marker tapes identifying the proximity of the lines. A plot plan showing the as-built location of underground utility lines shall be provided to the Building Inspector.

a.

In all single-family and two-family residential districts (AR, SR, LTR, HTR, DR), the square footage of an existing dwelling shall not be enlarged by more than 25% of the existing dwelling to affect the use of the structure as a personal care home, rooming or boarding house, or group residence. Exterior modification of an existing dwelling and provision of the required parking shall be consistent with the residential character of the surrounding neighborhood; i.e., in design, scale, and number of vehicles allowed.

b.

In all single-family and two-family residential districts (AR, SR, LTR, HTR, DR), new construction shall be consistent with the residential character and scale of the surrounding neighborhood.

c.

Personal care homes, rooming or boarding houses, and group residences shall maintain all applicable federal and/or state licenses and/or permits.

a.

No commodities may be sold other than photographs of customers made by the studio and items accessory to and sold in conjunction with those photographs.

b.

On-site film processing and printing is solely for the studio's use.

c.

No custom framing or other non-photography work may be performed as part of the business.

a.

Quarrying and mining includes removal, extraction and/or processing of any dirt, sand, soil, clay, rock, gravel, minerals, gas, oil, or other fuels for sale or removal from the property in its extracted form, finished form, or as a component of another product. Borrow pits are permitted where less than 1.1 acres of land will be disturbed.

b.

Prior to initiation of mining activities an application for a Special Use Permit must be submitted to the Planning Commission. Such application must provide:

(1)

Written stipulations that the activity will not have harmful impacts on the environment (air, water, natural landscape) neighboring residents and businesses, or to livestock.

(2)

A specific site plan and time schedule for completion of mining operations.

(3)

Information as to how the operation will be buffered and methods to assure that no harmful off-site impacts will occur.

(4)

A transportation plan detailing routes to be used by vehicles serving the site, weight limits and traffic volumes.

(5)

Information on hours of operation and procedures (on- and off-site) related to any on-site blasting that might occur.

(6)

Adequate financial bonding for damages (to be determined by the governing body).

c.

The removal area shall be completely enclosed with a fence not less than 6 feet in height.

d.

An earthen berm shall be provided that shields all operations from ground level view along all property lines.

e.

Drainage plans and a plan for the development of the site when the removal is completed shall be submitted with the application for a development permit.

f.

This section shall not prohibit the removal of earth and rock and filling and grading in any district done for land development purposes, upon issuance of a development permit in accordance with this Development Code.

g.

These uses shall be established only on a site of not less than 200 acres.

a.

Quarrying and mining:

(1)

"Quarrying and mining" includes removal, extraction and/or processing of any dirt, sand, soil, clay, rock, gravel, minerals, gas, oil or other fuels for sale or removal from the property in its extracted form, finished form or as a component of another product. Quarrying and mining shall not include "soft material extraction" as hereinafter defined. Quarrying and mining and soft material extraction shall not include borrow pits that are excavated areas where naturally occurring earthen materials are to be removed for use and ordinary fill at another location. Borrow pits as defined herein are not subject to regulation by this section.

(2)

Prior to initiation of quarrying and mining activities, an application for a Special Use Permit must be submitted to the Planning Commission. Such application must provide:

(a)

Written stipulations that the activity will not have any harmful impacts on the environment (air, water, natural landscape), neighboring residents and businesses, or to livestock.

(b)

A specific site plan and time schedule for completion of mining operations.

(c)

Information as to how the operation will be buffered and methods to assure that no harmful off-site impacts will occur.

(d)

A transportation plan detailing routes to be used by vehicles serving the site, weight limits and traffic volumes.

(e)

Information on hours of operation and procedures (on- and off-site) related to any on-site blasting that might occur.

(f)

Adequate financial bonding for damages (to be determined by the governing body).

(3)

The following additional objective criteria shall be considered when reviewing a request for a special use permit under Section 2-2-4(b):

(a)

Will the mining have an adverse impact on nearby residential property, whether through noise, light, dust, runoff or other potential nuisance?

(b)

Will the mining have an adverse impact on any rivers, streams or other bodies of water?

(c)

Will the mining have an adverse impact on the groundwater recharge system or underground aquifers?

(4)

The removal area shall be completely enclosed with a fence not less than six feet in height.

(5)

An earthen berm shall be provided that shields all operations from ground level view along all property lines.

(6)

Drainage plans and a plan for the development of the site when the removal is completed shall be submitted with the application for a special use permit.

(7)

This section shall not prohibit the removal of earth and rock and filling and grading in any district done for land development purposes, upon issuance of a development permit in accordance with this Development Code.

(8)

These uses shall be established only on a site of not less than 200 acres.

b.

Soft material extraction:

(1)

"Soft material extraction" is the removal of soft materials wherein:

(a)

Blasting and the use of explosives are not employed in the mining operation;

(b)

Groundwater aquifers will not be encountered;

(c)

Removal does not take place below the water table; and

(d)

Such soft materials are limited to common clay and shale, ball clay, china clay, kaolin, umber, ochre, fuller's earth, bentonite, barite, bauxite, sericite, sand and gravel.

(2)

Soft material extraction shall not take place on parcels of less than one (1) acre and is permitted in H-I, L-I, A-R and H-C zoning districts with a special use permit.

(3)

Prior to initiation of any soft material extraction activities, an application for a Special Use Permit must be submitted to the Planning Commission. Such application must provide:

(a)

Written stipulations that the activity will not have any harmful impacts on the environment (air, water, natural landscape), neighboring residents and businesses, or to livestock.

(b)

A specific site plan that includes:

1.

A dimensional separation where soft material extraction shall not occur within fifty (50) feet of all property lines;

2.

A 10-foot buffer, within the 50-foot dimensional separation, that shields all operations from ground level view on property lines that are adjacent to all zoning districts except A-R; and

3.

A time schedule for completion of soft material extraction.

(c)

Information to assure that no harmful off-site impacts will occur.

(d)

A transportation plan detailing routes to be used by vehicles serving the site, weight limits and traffic volumes.

(e)

Information on hours of operation and procedures (on- and off-site).

(f)

Adequate financial bonding for damages (to be determined by the governing body).

(g)

Drainage plans and a plan for the development of the site when the removal is completed shall be submitted with the application for a special use permit."

a.

Special outdoor entertainment, concert, or event of community interest.

(1)

General standards:

(a)

Such activities shall not exceed 14 days and may not occur more often than twice in any calendar year.

(b)

Adequate parking and traffic maneuvering space must be located on the same property as the special event.

(c)

Such activities shall not be conducted within 100 feet from any property line.

(d)

No programs involving music or amplified sound may be presented within 200 feet of any residential zoning district or residence.

(e)

Central loudspeakers shall be prohibited.

(f)

Lighting shall be established so that adjacent properties and roadways are not adversely affected and shall be in accordance with Article 6 - "Site Design Standards."

(2)

Carnival, Rodeo, Horse Show, Community Fairs, Fairgrounds and Amusement Parks.

(a)

All activities and buildings must be set back at least 200 feet from any property line.

(b)

These uses shall not be permitted within 500 feet of the property line of an adjacent residence.

(c)

Facilities shall be enclosed by a wall or fence not less than 5 feet in height.

(3)

Outdoor Special Events Venues.

In addition to the requirements set forth above, the following additional requirements shall apply:

(a)

Site plans shall be approved by the Planning Commission to ensure compatibility of the facility with the neighborhood in which it is located.

(b)

Outdoor activity shall cease by 11:00 p.m.

(4)

Golf Courses and Club Houses, Private Neighborhood Recreation Centers or Swimming Pools, Noncommercial Club or Lodge, Planetarium, aquarium, botanical gardens, and other natural exhibitions.

In addition to the requirements set forth in the section above, the following additional requirements shall apply:

(a)

Any building or structure shall be set back 100 feet from any property line except where such property line is a street line. In such cases, the front yard setback established for the district shall apply. When a property line is on a natural waterway, a property line set back shall not be required.

(b)

Site plans shall be approved by the Planning Commission to ensure compatibility of the facility with the neighborhood in which it is to be located.

(c)

A fence having a height of not less than 6 feet shall enclose a swimming pool. Swimming pools shall be permitted only upon written approval of the health department to indicate compliance with health department swimming pool regulations.

(d)

Outdoor activity shall cease by 11:00 p.m.

(e)

No fraternal club or lodge may be permitted in a residentially zoned district.

(5)

Wedding Chapels and Indoor Special Event Venues.

(a)

Any building or structure must comply with the same front, side, and rear setbacks as required in each zoning district. When a property line is on a natural waterway, a property line setback shall not be required.

(b)

Adequate parking per Section 6.8 and traffic maneuvering space must be located on the same property as the special event.

(c)

Site plans shall be approved by the Planning Commission to ensure compatibility of the facility with the neighborhood in which it is located.

(d)

Programs involving music or amplified sound must be presented indoors.

a.

Special outdoor entertainment, or event of community interest.

(1)

General standards:

(a)

Such activities shall not exceed 14 days and may not occur more often than twice in any calendar year.

(b)

Adequate parking and traffic maneuvering space must be located on the same property as the special event.

(c)

Such activities shall not be conducted within 100 feet from any property line.

(d)

No programs involving music or amplified sound may be presented within 200 feet of any residential zoning district or residence.

(e)

Central loudspeakers shall be prohibited.

(f)

Lighting shall be established so that adjacent properties and roadways are not adversely affected and shall be in accordance with Article 6 - "Site Design Standards."

(2)

Carnival, Rodeo, Horse Show, Community Fairs, Fairgrounds and Amusement Parks.

(a)

All activities and buildings must be set back at least 200 feet from any property line.

(b)

These uses shall not be permitted within 500 feet of the property line of an adjacent residence.

(c)

Facilities shall be enclosed by a wall or fence not less than 5 feet in height.

(3)

Golf Courses and Club Houses, Private Neighborhood Recreation Centers or Swimming Pools, Noncommercial Club or Lodge, Planetarium, aquarium, botanical gardens, and other natural exhibitions.

In addition to the requirements set forth in the section above, the following additional requirements shall apply:

(a)

Any building or structure shall be set back 100 feet from any property line except where such property line is a street line. In such cases, the front yard setback established for the district shall apply. When a property line is on a natural waterway, a property line set back shall not be required.

(b)

Site plans shall be approved by the Planning Commission to ensure compatibility of the facility with the neighborhood in which it is to be located.

(c)

A fence having a height of not less than 6 feet shall enclose a swimming pool. Swimming pools shall be permitted only upon written approval of the health department to indicate compliance with health department swimming pool regulations.

(d)

Outdoor activity shall cease by 11:00 p.m.

(e)

No fraternal club or lodge may be permitted in a residentially zoned district.

(4)

Special Event Venue

(a)

There shall be a ten (10) acre minimum lot size.

(b)

There shall be a site plan approved by the Planning Commission.

(c)

No event activity shall take place within fifty (50) feet of any property line of the venue property (including parking, ceremony site, etc.).

(d)

Outdoor activities shall cease by 11:00 p.m.

a.

All activities shall be conducted within a building or fenced area, involving no outdoor storage of materials, equipment, or items being repaired, unless elsewhere permitted in the district.

b.

Any outside storage shall be confined to the rear of the property and shall be visually screened in accordance with the buffer standards in Article 6 - "Site Design Standards."

c.

Such activity shall not generate noise, odors, or fumes that can be detected beyond the walls of the building in which the use is housed.

(a)

In all single-family and two-family residential districts (AR, SR, LTR, HTR, DR), the square footage of an existing dwelling shall not be enlarged by more than 25% of the existing dwelling to affect the use of the structure as a retirement community, convalescent home, assisted living center or nursing home. Exterior modification of an existing dwelling and provision of the required parking shall be consistent with the residential character of the surrounding neighborhood; i.e., in design, scale, and number of vehicles allowed.

(b)

In all single-family and two-family residential districts (AR, SR, LTR, HTR, DR), new construction shall be consistent with the residential character and scale of the surrounding neighborhood.

(c)

Retirement communities, convalescent homes, assisted living centers or nursing homes of all types shall maintain all applicable federal and/or state licenses and/or permits.

(d)

Minimum site area of two acres shall be provided for retirement communities, convalescent homes, assisted living centers or nursing homes.

a.

The directors of the county health and water and sewer departments and the Environmental Protection Division of the Georgia Department of Natural Resources shall approve the design and operation of such facility.

b.

Any building or structure compromising the facility shall be set back 100 feet from any property line.

Sexually-oriented adult uses shall comply with all requirements regarding "adult entertainment establishments" of the Code of Ordinances of the applicable Jurisdiction.

The same requirements outlined under "mining" shall apply to solid waste disposal sites, however, substitution of "landfill" activities should be made for "mining" activities.

A temporary sales office, where otherwise allowed, shall meet the following criteria:

a.

The temporary sales office shall be located on a lot within an area that has received Final Plat approval and has been recorded with the Clerk to the Superior Court.

b.

Sales shall be limited to the lots and buildings within the subdivision where the temporary sales office is located.

c.

The temporary sales office may not be a portable building that is transferred to the site as a unit.

d.

The temporary sales office shall cease to exist within 30 days after Certificates of Occupancy have been issued on 80 percent of the lots in the subdivision.

Townhouse developments in which each dwelling unit is to be located on a separate lot must comply with the following minimum requirements:

a.

Number of dwelling units per building: At least 3 but no more than 10.

b.

Staggered front facades: The dwelling units in a building shall be staggered, singly or in pairs, by at least 3 feet.

c.

Minimum lot width: The average width for the units in a single building shall be 20 feet, with no lot being less than 18 feet wide.

d.

Minimum lot area: The minimum area per lot for the units in a single building shall be 2,400 square feet.

e.

Minimum building separation: 20 feet.

Such use must be approved as a Special Use and must be enclosed within a woven or solid fence at least 6 feet high. Buffering of this use shall be provided in accordance with Article 6 - "Site Design Standards." No storage of vehicles or portable equipment will be allowed.

a.

All structures shall be located and activities conducted at least 100 feet from any property zoned or used for residential purposes.

b.

No animals shall be housed or caged outside the principal building in an O-I or a C-C District.

c.

Noncommercial kennels (facilities accommodating 3 or more animals) on residentially zoned property shall be located on a site of not less than one acre.

A buffer that meets the provisions of Article 6 - "Site Design Standards", shall screen any storage area.

a.

Petroleum bulk stations. Any structures or buildings shall be at least 200 feet from any property line.

b.

Unless otherwise permitted within the district:

(1)

No outdoor storage of goods.

(2)

No fabrication of goods.

(3)

No processing of goods handled in a manner that produces liquid or solid waste or noise, odor, fumes, or dust which can be detected beyond the walls of the building in which such wholesaling activity is housed.

Single-Family Attached Dwelling in which each dwelling unit is to be located on a separate lot must comply with the following minimum requirements:

a.

Each housing unit must comply with all current requirements of the Building Codes as adopted by the governing body and, if applicable, the Georgia Industrial Building Act for single-family dwellings.

b.

Housing units must be served by public water and sewerage.

c.

Housing units, including Type V construction, must be separated by a common party wall. The common party wall must be a parapet wall and meet the standards adopted by the governing body and, if applicable, the Georgia Industrial Building Act.

d.

Number of dwelling units per building: two (2) units.

e.

Minimum road frontage: 40 feet.

f.

Minimum lot width: 40 feet.

g.

Minimum lot area: minimum area per lot will be 4,250 square feet.

h.

Minimum front and rear yard setbacks shall be required for principle structures in the zoning district. Minimum side yard setbacks shall be those required for principle structures in the zoning district, except on the side where two dwelling units are attached, which shall have a zero foot setback.

Where otherwise permitted, an accessory apartment must comply with the following minimum requirements:

a.

The footprint of an existing primary dwelling or an existing detached garage shall not be increased or expanded to accommodate an accessory apartment.

b.

The principle residential building located on the lot must be occupied by the owner of that property.

c.

Only one accessory apartment shall be permitted per lot.

d.

An accessory apartment shall preserve the character of the single-family pattern of development of the neighborhood and remain visually subordinate to the principle residential building.

e.

The floor area of an accessory apartment shall not exceed 750 square feet or 40 percent of the floor area of the principle building, whichever is less.

f.

One off-street parking space on the same lot shall be provided for the accessory apartment.

a.

All units shall be accessed from the interior of the building.

b.

No outdoor storage shall be permitted.

Mobile food vehicle parks shall comply with the following:

a.

Mobile Food Vehicle Parks are permitted within both the C-C Community Commercial and H-C Heavy Commercial Districts with a Special Use Permit.

b.

Mobile food vehicle parks shall be subject to all guidelines and restrictions set by the Unified Land Development Code, including, but not limited to, landscaping, buffers, storm water management, provision of paved parking on-site, and lighting.

c.

At least three (3) parking spaces per mobile food vehicle shall be provided on-site. Drive aisles shall be designed and constructed in such a way that all mobile food vehicles and seating areas can be accessed by emergency vehicles.

d.

Mobile food vehicle park operators are responsible for all lessee operations and ordinance compliance and are held responsible for all infractions. A mobile food vehicle park operator must be present at all times during operation.

e.

No special events, including but not limited to, concerts, farmers markets, flea markets, or meetings/gatherings of any sort shall be held within a mobile food vehicle park.

f.

Electrical Hook-ups must be provided for each mobile food vehicle, generators shall not be allowed unless such generators operate at less than 80 decibels as measured ten (10) feet away; and at least one accessible water tap.

g.

Permanent restroom facilities that comply with health department standards and accessibility standards as set forth in the Americans with Disabilities Act of 1992 shall be provided on-site.

h.

Mobile food vehicle park operators shall be responsible for properly disposing of refuse, trash, and litter generated by operation of the mobile food vehicle park, as would any business; and shall not place it in any public trash container, or in any private container without proper permission.

a.

Purpose and Intent.

It is the purpose of these regulations to allow development of clustered dwelling units as a means to increase the stock of affordable housing. It is intended to permit multiple single-family dwelling units on lots of 1—2 acres in size where services and utilities exist to accommodate higher densities.

b.

General Standards.

1)

Clustered developments shall include attached and detached single-family dwelling units on a single lot. Dwelling units shall be site-built or modular homes that meet state and/or local standards and codes.

2)

Attached and detached dwelling units shall be set back no less than ten (10) feet from each other, measured from their nearest edge.

3)

Required parking spaces shall be located within 50' of the front door of each dwelling unit, shall be in clusters of six or less, and shall be accessible from a public street or road or a driveway that meets the standards of Section 6.10.

c.

Variances and Special Exceptions.

Notwithstanding the provisions of Section 2.11, variances, special exceptions, or appeals from any of the requirements, standards, and conditions of this article must be approved by the Planning Commission.

The following standards shall apply to all recreational vehicle parks and campgrounds:

a.

Zoning Requirements.

Recreational vehicle parks and campgrounds are permitted within the A-R Agricultural Residential, S-R Suburban Residential, M-R Multifamily Residential, C-C Community Commercial and H-C Heavy Commercial Districts with a Special Use Permit.

b.

Customary Accessory Uses.

Customary accessory uses for recreational vehicle parks and campgrounds may include:

(1)

Office and dwelling for park manager or night watchperson;

(2)

Community sanitary facilities;

(3)

Community laundry facilities;

(4)

Recreational areas;

(5)

Small scale (3,000 square feet or less) commercial uses supplying essential goods and services for the exclusive use of park patrons.

c.

General Standards.

(1)

All proposed and required water sources and sanitary facilities serving recreational vehicle parks and campgrounds shall conform to the requirements of the Georgia Department of Public Health "Rules and Regulations, Tourist Accommodation, Chapter 511-6-2" as appropriate and shall follow all applicable state and/or local guidelines and standards.

(2)

Conventional, industrialized and manufactured houses are prohibited on all recreational vehicle parks and campsites.

(3)

Camping shall be restricted to no more than 60 days in a calendar year.

(4)

With the exception of driveways, parking areas, and campsites all grounds shall be maintained with grass, trees and/or shrubs to enhance the appearance of the park and to prevent soil erosion or the creation of dust during dry weather. A landscaped buffer shall be required along a side or rear lot line that abuts 1- or 2-family residential zoning districts. Buffer design standards and requirements shall meet the requirements of Article 6, Section 6.16 of this Code.

(5)

Parks designed to accommodate 15 or more campsites shall provide one or more outdoor recreation areas.

(6)

All interior roadways are to be surfaced with a material such as asphalt, chert, gravel, etc., to a width of 12 feet for one-way streets or to a width of 18 feet for two-way streets and maintained by the recreational vehicle park owner.

d.

Recreational Vehicle and Campground Standards.

(1)

Each campsite within the park shall have lot lines that are clearly delineated and shall have a minimum area of not less than 1,500 square feet.

(2)

The facility shall be designed to accommodate 20 feet, edge-to-edge, of separation between campsites and shall be located no less than 30 feet from any exterior property line.

(3)

Each campsite with individual parking shall contain at least one reinforced surface parking space incorporated into the site itself and shall be level from side to side with sufficient crown to provide adequate drainage.

(4)

Each campsite shall have access to a minimum of one electrical outlet, and one water tap.

The following specific requirements apply to each of the following accessory structures in all zoning districts where each use is otherwise permitted.

a.

Accessory buildings and structures having a floor area of 144 square feet or less must be at least 5 feet from any property line.

b.

Accessory buildings and structures having a floor area greater than 144 square feet must comply with the same front, side, and rear setbacks as required for principal buildings in each zoning district; except that in single-family and duplex residential districts (H-TR, L-TR, NOC, S-R, and D-R) accessory buildings must be at least five (5) feet from any side or rear property line; unless specific setbacks are provided under Article 4.

a.

No accessory use or structure shall be allowed on any lot except in relation to an existing principal use on the lot to which it is accessory.

b.

Accessory structures shall not be permitted in a required front or side yard setback. In a residential district, no accessory structure shall be located closer to an adjacent street right-of-way line than the principal building.

c.

Residential accessory building shall not be rented or occupied for gain.

d.

No accessory building shall be constructed until construction of the principal building has commenced or the principal use has been established.

e.

On a corner lot in a residential district, no accessory building shall be located closer to either street right-of-way than the principal building.

f.

Canopies shall conform to the minimum building setback requirements for principal buildings in each zoning district.

g.

When an accessory building is attached to the principal building by breezeway, passageway, or similar means, it shall comply with the yard requirements of the principal building to which it is an accessory use.

h.

No nonresidential accessory building shall be used by other than employees of the owner, lessee, or tenant of the premises.

Each of the following uses is considered to be a customary accessory use to a dwelling and may be situated on the same lot with the principal use to which it serves as an accessory.

Customary home occupations and associated uses, including hobbies and retirement avocations, require a Special Use Permit only if within a residence or an additional structure is required on the property. Any customary accessory residential use is allowed that does not conflict with the general appearance of a residential community, with specific restrictions as follows:

a.

Private garage not to exceed the following storage capacities; one or two-family dwelling, 4 automobiles; multi-family dwelling, 2 automobiles per dwelling unit; group dwelling, 1½ automobiles per sleeping room.

b.

Outdoor parking area for motor vehicles, provided that such space does not exceed the maximum respective storage capacities listed in (a) above; and provided that such space shall not be used for more than 1 commercial vehicle per family residing on the premises.

c.

Detached Home Office and/or Studio for exclusive use by the residence owner or immediate family members as occupants of the residence, provided such space is incorporated within a detached garage, guest quarters, or storage facility and can meet all rear and side setback requirements.

d.

Shed or tool room for the storage of equipment used in grounds or building maintenance.

e.

Children's playhouse and play equipment.

f.

Non-commercial greenhouse.

g.

Quarters for the keeping of pets owned by occupants for non-commercial purposes provided that such use does not generate a nuisance to adjoining properties.

h.

Private recreational facility, such as a swimming pool and bathhouse or cabana, tennis court, deck or patio. These uses shall conform to the minimum setback requirements for principal buildings in each zoning district. Swimming pools shall be permitted only upon written approval of the health department to indicate compliance with applicable health department regulations. Pools must be enclosed by a 6-foot fence or wall with a locking gate.

i.

Accessory uses in an apartment development may include laundry facilities for the convenience of residents which are housed in a primary use structure.

j.

Structures designed and used for purposes of shelter in the event of man-made or natural catastrophes.

k.

Guest Houses:

Where otherwise permitted, a guesthouse must comply with the following:

(1)

The guesthouse must be an accessory use to a single-family detached dwelling already existing on the lot.

(2)

The guesthouse must meet or exceed the Standards of this Code for class A Single-Family Dwellings.

(3)

A guesthouse shall be permitted only on a lot having at least 20,000 square feet in area.

(4)

The guesthouse must be placed to the rear of the main house at least 20 feet away.

(5)

No more than one guesthouse may be located on any lot.

(6)

The building floor area of the guesthouse may not exceed 50% of the floor area of the main house.

l.

Residential Home Office.

(1)

Permitted Activities.

A residential home office shall be limited to the personal conduct of a business within one's place of residence. There shall be no exterior indication that the business activity is taking place, including signage. This provision is intended to allow work to be conducted at home by individuals employed by an off-site employer.

These provisions do not apply to dwellings that are located on properties where agricultural activities are the principal use.

(2)

Limitations on Size and Location:

(a)

Not more than 25 percent, not to exceed 300 square feet of the gross floor area of the dwelling unit shall be used for all of the activities devoted to the home office.

(b)

The use shall be carried on wholly within the principal building. The attachment of an accessory building by a breezeway, roof, or similar structure shall not be deemed as sufficient for the accessory building to be considered as a portion of the primary building.

(c)

There shall be no activity or display associated with the home office outside of any building or structure.

(d)

There shall be no alteration of the residential character of the building or premises.

(3)

Activity Controls.

(a)

Sales: There shall be no exchange of merchandise of any kind on the premises.

(b)

Transfer of goods: There shall be no goods, products or commodities received on the premises.

(c)

Personal services: There shall be no activities on the premises that are associated with personal service occupations such as barber shop, beauty shop, hairdresser or similar activities.

(d)

Employees: There shall be no associates or employees on the premises other than other members of the family who reside on the premises.

(e)

Outsiders and nonresidents on the premises: There shall be no nonresident persons on the premises in conjunction with the home office.

(4)

Parking.

(a)

There shall be no parking spaces provided or designated specifically for the home office other than as is required for the residence.

(b)

No equipment or business vehicles may be stored or parked on the premises except that one business vehicle (the carrying capacity of which shall not exceed 1½ tons) used exclusively by the resident may be parked in a carport, garage, or rear or side yard.

(5)

Signs.

Signage shall comply with the sign standards for residential districts contained in Article 5 - "Sign Regulations."

m.

Residential Business.

Residential businesses shall meet the requirements of "home office" above with the following additional exceptions.

(1)

Permitted Activities.

(a)

Approved activities may be engaged in person by who reside on the premises of the residential business and who are appropriately qualified and licensed, including business licenses are required:

1)

Artistic. This group shall include activities such as teaching, creation and production by professional artists, sculptors, craftspeople (craft-makers), musicians, writers, and others who produce work on the premises for individual purchases, as differentiated from mass production or manufacturing.

2)

Business. This includes commercial trade activities such as those conducted by a manufacturer's representative or telephone salesperson, but not involving the delivery of goods or services directly to customers on the premises.

(2)

Limitations on Size and Location.

(a)

Not more than 25 percent of the gross floor area of the dwelling unit shall be used for all of the activities devoted to the residential business.

(b)

Accessory buildings and structures may be used for the residential business, but in no case shall the total area of the accessory structure devoted to such use be greater than 500 square feet.

(c)

If parts of the dwelling unit and an accessory structure are devoted to a residential business, no more than 1,000 square feet of combined gross floor area shall be used for such activity, including no more than 30 percent of the gross floor area of the dwelling unit.

(3)

Activity Controls.

There shall be no exchange of merchandise of any kind on the premises except for those products produced on the premises as a result of the residential business.

(4)

Personal services.

There shall be no activities on the premises that are associated with personal service occupations such as a barber shop, beauty shop, hairdresser or similar activities unless specifically permitted as part of the Special Use approval.

(5)

Outsiders and nonresidents on the premises.

There shall not be more than two (2) nonresident persons on the premises at the same time in conjunction with the residential business whether they are students, clients, or customers.

(6)

Hours of Operation.

The Residential Business shall not be operated between the hours of 7:00 p.m. and 7:00 a.m. each day except Sunday. On Sunday, the Residential Business shall not open before 1:00 p.m. or after 7:00 p.m.

(7)

Parking.

(a)

One off-street paved parking space for each 150 square feet of floor area devoted to the home occupation shall be provided in addition to the required parking for the residential use of the building.

n.

Personal Horse Stable.

A personal horse stable may be permitted as an accessory use to a residence provided that at least one acre of lot area is provided for each horse stabled on the property.

o.

Keeping chickens within the City Limits of Rome.

The following is a list of possible conditions that may be attached to a Special Use Permit to allow the keeping of a small number of domesticated female chickens (hens) on a non-commercial basis as an accessory use to a single-family dwelling:

(1)

Chickens shall not be kept on a lot of record that is less than 30,000 square feet.

(2)

Chickens will be kept in a manner consistent with good animal husbandry practices and in compliance with all applicable federal, state, and local laws and ordinances.

(3)

No more than four (4) female chickens as pets or for egg production may be kept. No roosters may be kept.

(4)

No other types of fowl, including but not limited to, ducks, geese, turkeys, quail, pigeons, guinea fowl, or peafowl may be kept. There is no restriction on chicken species.

(5)

No butchering of chickens may be done. No eggs, meat, fertilizer, or live chickens may be sold, or provided for use by anyone other than the residents of the property where the chickens are kept.

(6)

Chickens shall be provided with adequate food and water at all times.

(7)

Chickens must be kept on the lot of record where the primary use (dwelling) is located.

(8)

Chickens shall be housed within a coop or henhouse. The coop or henhouse shall meet the following criteria:

a.

The coop or henhouse shall be located in a side or rear yard as defined in Article 8. In no case shall a coop or henhouse be located in a front yard as defined in Article 8.

b.

The coop or henhouse shall be constructed of uniform material designed to be used in the outdoors, and not of scrap lumber, sheet metal, interior grade paneling or plywood, or similar materials. The structure shall have a solid roof and be enclosed on all sides. The door providing access shall be able to be shut and locked at night.

c.

The structure shall provide four (4) square feet of floor space for each chicken and shall not exceed seven (7) feet in height.

d.

The coop or henhouse shall be secured against predators such as rodents, reptiles, dogs, cats, and wild birds; shall provide shelter from sun, precipitation, and wind; and shall provide adequate ventilation.

e.

The coop or henhouse shall be located no [closer] near than 30 feet to a property line.

f.

A building permit is required for the construction of a coop or henhouse.

(9)

Chickens may be allowed outside of the coop in a securely fenced pen with supervision.

(10)

At all times, keeping of chickens shall be conducted in a manner that ensures adjacent properties and neighborhoods are not adversely impacted.

a.

In no case shall chickens be allowed to leave the property where they are kept.

b.

Coops or henhouses and pens shall be maintained in good condition, shall effectively confine the chickens, and shall be secured against all predators.

c.

Chicken feed shall be kept in a closed container so wild birds, insects, and other animals are not attracted to the property.

d.

Manure and food waste shall be cleaned from coops or henhouses and pens on a regular basis, stored in a covered container, and properly disposed of or composted and used as fertilizer.

e.

Odors from chickens, manure, or other substances related to the keeping of chickens shall not be perceptible at any property boundary.

f.

Noise from chickens shall not be loud enough at the property boundary to disturb persons of reasonable sensitivity.

g.

Chickens that are diseased or carry a disease, are infested with parasites, or are found to be kept in an unsafe or unhealthy manner shall be destroyed.

h.

Dead chickens shall be disposed of promptly in a sanitary manner.

i.

It shall be unlawful for any person owning, controlling, or keeping domesticated animals to allow the premises to become filthy or unsanitary.

a.

As an accessory use to an automobile service station:

(1)

The lot for the primary use must be at least 20,000 square feet.

(2)

The use shall not occupy more than 10 percent of the lot area.

(3)

Parking areas shall be located only in portions of the lot where off-street parking is permitted. This area shall not occupy spaces set aside for required off-street parking or use by cars awaiting service.

a.

District Use, Materials and Height Limitations.

(1)

Agricultural-Residential, Office, Commercial, Multifamily, and Industrial Districts:

(a)

No fence or freestanding wall may exceed 8 feet in height, unless approved by the Planning Commission to adequately shield objectionable materials or activities.

(b)

Fences or freestanding walls occupying the front yard may not exceed 4 feet in height unless constructed parallel to the building, with the exception of agricultural and heavy industrial uses. Any fence or freestanding wall occupying the front yard must be designed and located to ensure that it does not create a hazard for vehicles or pedestrians.

(c)

Security wire may only be used in heavy commercial and industrial districts. However, barbed wire fences are permitted on properties where an agricultural activity is the principal use.

(2)

In the Single-Family Residential zoning districts, the following shall apply:

(a)

A fence or freestanding wall in any yard adjacent to a street may not exceed 4 feet in height. Any fence or freestanding wall occupying the front yard must be designed and located to ensure that it does not create a hazard for vehicles or pedestrians.

(b)

A fence or freestanding wall in any side or rear yard may not exceed 6 feet in height.

b.

Setback Limitations.

There shall be no minimum setback for fences or freestanding walls, provided that any fence or freestanding wall shall not obstruct visibility at street intersections and driveway accesses.

a.

Must be approved as an accessory use to a retail use permitted by right.

b.

Such manufacturing or fabrication activity may not be considered a heavy industrial use.

c.

May occupy no more than 1,000 square feet of floor area.

d.

All products made on the premises must be sold on the premises as a retail activity.

a.

A residence for a night watchman, approved as a Special Use accessory to a business or industrial operation, may be any of the following:

(1)

Site-built single-family detached dwelling or manufactured home.

(2)

Located within a commercial or industrial structure.

b.

Night watchman residences shall conform to the minimum setback requirements for principal buildings in each zoning district.

a.

The following merchandise or goods may be located in outdoor display areas on a permanent basis if for sale, lease, or rent (where the use is otherwise permitted):

(1)

Motorized vehicles that are in good running condition, free from exterior damage or substantial wear.

(2)

Power boats and sailboats.

(3)

Manufactured homes and utility buildings.

(4)

Plant nursery items.

(5)

Light building materials such as lumber, patio pavers, and decorative stone; yard furniture such as benches, swings, and bird baths; yard maintenance materials such as fertilizer, mulch straw, and seed.

b.

All other outdoor display of merchandise or goods shall be conducted on a temporary basis associated with special sales promotions. Such display shall be for a period not to exceed 2 weeks, and shall not occur more often than 3 times per year.

c.

Any area outside of a building where merchandize or goods are located but which is permanently screened by a fence or freestanding wall at least 6 feet in height shall not be considered an outdoor display area.

Outdoor storage, where the use is otherwise permitted, is limited as follows:

a.

In the Community Commercial, Heavy Commercial, and Light Industrial zoning districts, outside storage of materials is only permitted in the rear yard and shall be screened from view by an opaque fence or freestanding wall no less than 8 feet in height.

b.

In the Heavy Industrial District, any storage use operated as a principal use or accessory use on a property shall be contained entirely within a building or shall be screened from view by an opaque fence or freestanding wall no less than 8 feet in height.

c.

Rear yard setbacks must be a minimum of 5 feet for any storage building or structure.

As an accessory use approved as a Special Use, a private use airport or heliport shall meet the following minimum standards:

a.

The development of a private use airport or heliport shall be in accordance with the guidelines specified in the Federal Aviation Administration.

b.

Private use heliports shall, as a minimum, have a takeoff and landing area 1½ time the overall length of the largest helicopter expected to use the facility. The surface of the area shall be grassed, paved, or treated as may be required to minimize dust or blowing debris.

c.

The owner of a private use airport or heliport shall erect a safety barrier around the peripheral area surrounding the takeoff and landing area. The safety barrier shall be a fence, wall, or hedge no less than four (4) feet in height and fully enclosed with a self-locking gate.

An office building may contain retail stores, so long as they occupy no more than 25 percent of the total ground floor area of the building.

All conditions or special requirements placed on the approval of a Special Use Permit or Conditional Use, including special exceptions for medical and/or other issues associated with granting a hardship exception, must be fully documented in the minutes of the approving body (City or County Commission or Board of Adjustments), and a certified copy transmitted to the Rome/Floyd County Building Inspections Department for enforcement. Such items shall be recorded, flagged, and monitored for enforcement of specific deadlines and/or permitted allowances by the Zoning Enforcement Inspector.

a.

Small wind energy systems shall be permitted as an accessory use provided the system has a rated capacity of 10 kilowatts or less in residential districts, and 60 kilowatts or less in agricultural, commercial, or industrial districts.

b.

System Height: The total system height shall not exceed 65 feet, except on property of over five acres located in agricultural, commercial or industrial zones in which the total system height shall not exceed 150 feet. (System height: The vertical distance from ground level to the tip of the wind turbine blade when it is at its highest point.)

c.

Setback: No part of the system may be closer than one and one-half times the total system height to any property boundary.

d.

Sound Level: The noise level from the small wind energy system shall not exceed 55 decibels using the A scale (dBA), as measured at the site property line.

e.

Code Compliance: The small wind energy system shall comply with all applicable sections of the Building Code and Federal Aviation Administration regulations.

f.

Clearance of Blade: No portion of the small wind energy system's blade sweep shall extend within twenty feet of the ground or over parking areas, driveways, or sidewalks.

g.

Abandonment: Upon abandonment or discontinuation of use, the owner shall physically remove the small wind energy system within 90 days from the date of abandonment or discontinuation of use. This period may be extended at the request of the owner and at the discretion of the Chief Building Official.

h.

The small wind energy systems shall not be located within 200 feet of a federal, state, or locally designated historic district.

a.

Production of limited quantities of fuel grade ethanol shall be permitted in conjunction with an established, conforming agricultural operation in the unincorporated areas of Floyd County by right in the AR zoning district and by Special Use Permit in the SR district.

b.

Construction and operation of equipment and storage structures shall meet all applicable local, state, and federal standards including but not limited to fire codes, air quality standards, and water quality standards; and all applicable permits and licenses shall be obtained, including building, electrical and plumbing permits. The owner/operator shall provide proof of such compliance.

c.

Ethanol fuel must be made from corn or other non-animal products, and in addition, the following standards shall apply:

(1)

Production shall be limited to 10,000 gallons per year.

(2)

Production and storage equipment shall be within a containment facility capable of holding the contents of the production and storage equipment.

(3)

Production and storage equipment shall be located a minimum of 100' from any structures inhabited by humans or primarily used for human activity.

(4)

There shall be no retail sales of ethanol on the premises.

(5)

All ethanol shipped from the premises shall be rendered unfit for human consumption.

(6)

Best practices for operation and maintenance shall be utilized to ensure that noise, odors, fumes, or lighting shall not create a nuisance.

d.

An application for a Special Use Permit shall include the following:

(1)

A map of the property showing existing and proposed structures with setbacks and dimensions.

(2)

Engineering specifications for the ethanol production and storage facilities.

(3)

A statement concerning the quantity of ethanol to be produced on the premises, used on the premises, and shipped from the premises, measured in gallons per year.

(4)

A safety plan for construction, operation, maintenance and transport that local emergency service providers have reviewed and approved.

(5)

A statement detailing the proposed disposal of byproducts.

In the C-C, H-C, and L-I districts, mold pouring of concrete products, including but not limited to, storm shelters, septic tanks, burial vaults, and lawn ornaments shall be allowed if all operations, including but not limited to, mixing, pouring, drying, painting, and display are carried out within a building.

Production of limited quantities of alcohol for human consumption shall be permitted by Special Use Permit in the AR district in conjunction with an established, conforming agricultural operation. Production of beer/malt beverages only shall be permitted as an accessory use in the CC, CBC, or UMU Districts.

Approval shall be based on submittal of a site plan detailing building location, access, and parking. All applicable standards of the Unified Land Development Code will apply, except as noted in this Article, including parking lot design, vehicle access design, signage, buffers, and landscaping. The plan shall include a statement detailing waste product disposal; and a safety plan for construction, operation, maintenance and transport that has been approved by both the Fire Marshal and the Building Official.

Construction and operation of equipment and storage structures shall meet all applicable local, state, and federal standards including but not limited to fire codes, air quality standards, and water quality standards; and all applicable permits and licenses shall be obtained, including building, electrical and plumbing permits. The owner/operator shall provide proof of such compliance.

The owner/operator shall also provide proof of compliance with the rules of the Georgia Department of Revenue.

Best practices for operation and maintenance shall be utilized to ensure that traffic, noise, odors, fumes, or lighting shall not create a nuisance for adjacent and nearby property owners.

The following standards should also apply to a Special Use Permit for a Farm Distillery or Winery in the AR District:

a.

Production and storage equipment shall be within a containment facility capable of holding the contents of the production and storage equipment.

b.

Production and storage equipment shall be located a minimum of 100' from any property line; or from any structures inhabited by humans or primarily used for human activity.

Solar farms shall be setback from the property line a minimum of 50' in every zoning district where allowed by right or by special use permit. Solar farms shall be encircled by a security fence or wall a minimum of 8' feet tall. Screening vegetation shall be provided outside the security fence meeting the standards of Section 6.16.3.

Solar arrays shall be setback from the property line the same distance as is required for a primary building/use in each zoning district where they are allowed. All panels shall be constructed of non-reflective materials, or shall be treated with an anti-reflective material. Solar installations shall be encircled by a security fence or wall a minimum of 6' tall. Screening vegetation shall be provided outside the security fence meeting the standards of Section 6.16.3.

Solar Installations shall be setback from the property line the same distance as is required for a primary building/use in each zoning district where they are allowed. Solar Arrays mounted on a building or structure shall be on the side or rear of the property, facing away from a public right-of-way. Solar Installations shall be positioned and/or screened in such a way that glare does not affect adjacent properties.

The following uses are permitted by special use permit and only within Heavy Industry Districts.

a.

Caustic or corrosive acids.

b.

Chlorine or other noxious gases.

c.

Explosives.

d.

Fertilizer or glue.

e.

Products involving hair or fur.

a.

Tanning or finishing of leather or other hides, except taxidermy.

b.

The disposal of hazardous waste.

c.

Petroleum refining.

d.

Processing of sauerkraut, vinegar, or yeast.

e.

Rendering or refining of fats and oils.

f.

Slaughterhouse.

g.

Stockyard or animal feeding pens.