(a)

This article identifies restrictions and requirements that apply to specific principal uses that are otherwise allowed in the city.

(b)

Unless otherwise noted, the requirements in this article are intended to be applied within all zoning districts where the particular uses are allowed, whether by right or through special exception approval.

(c)

See also chapter 4 of this code for development standards that apply to all lots and principal structures by zoning district. Where this a conflict between this chapter 3 and chapter 4, the requirements in this article shall apply.

(d)

The definitions of certain terms referenced in this article are set forth in chapter 10, Interpretation and Definitions.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

The raising of livestock shall be allowed on a minimum of one acre. No more than two animals per acre is allowed.

(b)

The raising of poultry is prohibited in all zoning districts.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

Any structure or outside area associated with an animal hospital or veterinary clinic shall be a minimum of 100 from any residential district or use.

(b)

In addition to meeting the requirements in subsection (a) above, animal hospitals and veterinary clinics in the C-1 district shall also treat only small animals.

(Ord. No. 2021-10, § 1, 6-28-2021)

Mechanical garages (as defined in chapter 10 if this code), tire retreading and recapping establishments shall not be located within 100 feet of a residential district or use.

(Ord. No. 2021-10, § 1, 6-28-2021)

Self-serve car washing facilities in the C-1 zoning district shall be located on an arterial roadway.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

Frontage shall be on a collector or arterial street, and all property access to the property shall also be from a collector or arterial street.

(b)

All buildings shall be placed no less than 50 feet from property lines. This requirement applies to principal and accessory buildings.

(c)

A landscape buffer type "A" shall be provided along rear and side property lines in accordance with the specifications listed under the "buffer types" section of chapter 4 in this code.

(Ord. No. 2021-10, § 1, 6-28-2021)

Outside aboveground tanks for the storage of gasoline, liquefied petroleum gas, oil or other inflammable liquids or gases shall not be located within 500 feet to any residential district or use.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

Pumps shall be set back at least 15 feet from any property line.

(b)

All pumps shall be set back at least 15 feet from the right-of-way line, or where a future widening setback line has been established, this setback shall be measured from such line.

(c)

The number of curb breaks shall not exceed two for each 100 feet of street frontage, each having a width of not more than 30 feet or less than 25 feet and located not closer than 15 feet to a street intersection. Two or more curb breaks on the same street shall be separated by an area of not less than ten feet.

(d)

When the station abuts a residential district or use, it shall be separated therefrom by a solid wall or equivalent planting screen at least six feet high.

(e)

No storage tank shall be placed above ground.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

Hours of operation must be for daytime use only.

(b)

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

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

Minimum lot area is three acres.

(b)

Minimum side and rear yards are 50 feet.

(c)

Lot must front on an arterial road.

(Ord. No. 2021-10, § 1, 6-28-2021)

All structures and outdoor runs must be set back 200 feet from all residential zoning districts or uses.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

The manufactured home unit shall bear an insignia issued by the Department of Housing and Urban Development (HUD) certifying that the unit is constructed in conformance with the Federal Manufactured Home Construction and Safety Standards which came into effect on June 15, 1976.

(b)

The manufactured home unit shall be oriented with its long axis parallel to the street on which the subdivision lot fronts.

(c)

The manufactured home unit must be skirted completely enclosing the undercarriage, and it must be connected to water and sewage in compliance with the applicable regulations.

(d)

A tax decal must be obtained from Catoosa County and displayed as required by this office.

(e)

Prior to the allowance of permanent occupancy of a manufactured home site within the city such manufactured homes shall be connected with an approved water source and an approved sewage disposal system in such a manner as to comply with the City of Fort Oglethorpe's requirements and any applicable state health codes, which codes are insofar as they are applicable, hereby made a part of these regulations to the same extent as though herein set out in full.

(f)

Manufactured homes shall meet the following compatibility standards to protect and preserve the overall existing character of established neighborhoods and the property values of the residential area. Compatibility standards shall apply when a manufactured home is approved as a special exception use in the R-A zoning district and are as follows:

(1)

All towing devices, wheels, axles and hitches must be removed.

(2)

Skirting will be required on all manufactured homes. Acceptable materials include masonry, stone or other materials approved by the building, planning and zoning director that will be compatible and harmonious with existing structures in the vicinity.

(3)

At each exit door there must be a landing that is a minimum of 36 inches by 36 inches.

(4)

The minimum width of the structure built or installed on the site shall 16 feet or greater.

(5)

The minimum heated and cooled floor area shall be in conformity with the established neighborhood.

(6)

The roof shall have a minimum 2:12 roof pitch and shall have a surface of wood shakes, asphalt composition, wood shingles, fiberglass or metal tiles, slate, materials or comparable materials approved by the building, planning and zoning director. Corrugated metals or plastic panels are prohibited.

(7)

The exterior siding materials shall consist of brick, wood, masonry, stucco, masonite, metal or vinyl lap designed for such purposes or other materials of like appearance approved by the building, planning and zoning director, but shall not include corrugated metal or plastic panels.

(8)

The manufactured home shall be attached to a permanent foundation. A permanent foundation shall mean a concrete slab, concrete footers, foundation wall pilings or post construction which complies with the Manufactured Home Construction and Safety Standards, 24 CFR Part 3280 (HUD Code).

(g)

For additional requirements pertaining to manufactured home subdivisions and manufactured home parks, see the "Specific Requirements for R-4 Zoning District" section in chapter 4 of this development code.

(Ord. No. 2021-10, § 1, 6-28-2021)

Massage therapy establishments shall be licensed by the Georgia Board of Massage Therapy.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

Storage buildings shall be climate-controlled.

(b)

Use shall be limited to the temporary storage of personal property only.

(c)

All storage shall be within the building area.

(d)

No auctions, garage sales, or commercial sales or uses shall be conducted on the site.

(Ord. No. 2021-10, § 1, 6-28-2021)

When located in the I-2 zoning district, the use shall be located adjacent to a state or federal highway and contain a minimum lot area of 40,000 square feet.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

Any mechanical or body repair structure shall be enclosed, and no parts or waste material shall be stored outside.

(b)

The requirement in this subsection (a) above shall also apply to mechanical and body repair structures for boats, motorcycles, trucks, buses and other vehicles.

(Ord. No. 2021-10, § 1, 6-28-2021)

The following requirements shall apply to duplexes, townhomes, and apartments.

(a)

The following exterior cladding materials are prohibited: Vinyl siding, synthetic stucco, and brick veneers.

(b)

There shall be a maximum of eight units per building of attached townhome units.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

In residential zoning districts, the following requirements shall apply to public utility structures:

(1)

No office shall be allowed.

(2)

No equipment or vehicles may be stored on the site.

(3)

Utility substations must be placed at least 30 feet from all property lines.

(4)

Utility substations and shall be enclosed by a woven wire fence at least eight feet high with bottom of fence either flush with the ground or with masonry footing.

(5)

A buffer type "A" must be maintained along the side and rear property lines in accordance with the specifications under the "buffer types" section in chapter 4 of this code.

(b)

In commercial zoning districts, structures for the storage of supplies, equipment, or service operations are allowed when screened by a buffer type "A" in accordance with the specifications under "buffer types" in chapter 4 of this code.

(Ord. No. 2021-10, § 1, 6-28-2021)

No building for such recreation use that is part of and serves a residential development shall be located within 100 feet of any property line.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

In all zoning districts where used car sales lot are allowed, no repair work shall be done except the necessary reconditioning of the cars to be displayed and sold on the premises.

(b)

In the C-1 zoning district, the following additional restrictions apply:

(1)

Used car lots shall not maintain for sale more than ten cars at any one time.

(2)

The used car lot shall be located on an arterial street.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

The following article identifies restrictions that apply to specific accessory uses and structures.

(b)

Except as specifically regulated under this article, the "locations of accessory structures on residential lots" section in chapter 4 of this development code establishes setback and height restrictions for accessory buildings and structures, including walls and fences.

(c)

The definitions of certain terms referenced in this article are set forth in chapter 10, Interpretation and Definitions.

(Ord. No. 2021-10, § 1, 6-28-2021)

Dumpsters shall be screened in the manner described below:

(a)

Screening shall be a minimum height of six feet;

(b)

All four sides of the dumpster shall be screened;

(c)

The screen should incorporate access to the dumpster by using a wood fence or other opaque device to serve as a gate;

(d)

Screening materials can be any combination of evergreen plantings, wood, or masonry material.

(Ord. No. 2021-10, § 1, 6-28-2021)

Home occupations are accessory uses in residential districts and shall be governed by this section. These standards are intended to ensure compatibility with the residential character of a neighborhood and to emphasize the clearly secondary or incidental status of the home occupation in relation to the residential use of the principal building.

(a)

Standards. The following standards must be met for all home occupations:

(1)

Such occupations shall be conducted solely by occupants at the residence.

(2)

The applicant for a business license must be the owner of the property on which the home occupation is to be located; or, if applicant is a tenant, he must have written approval of the owner of the property.

(3)

No more than 25 percent of the gross floor area shall be utilized. This limitation applies to the aggregate floor area of all areas devoted to the home occupation, whether located within the dwelling or in an accessory structure to the dwelling.

(4)

No structural alteration of the residence, accessory buildings, or the property shall be made.

(5)

There shall be no display that will indicate from the exterior that the building is being used in part for any purpose other than that of a dwelling.

(6)

No outside storage related to the home occupation shall be allowed.

(7)

There shall be no commodity sold upon the premises and no mechanical equipment shall be used except that which is normally used for purely domestic or household purposes.

(8)

The use may increase vehicular traffic flow and parking by no more than one additional vehicle at a time.

(9)

One commercial vehicle is allowed in connection with the home occupation.

(10)

Such occupation shall be located and conducted in such a manner that the average neighbor, under normal circumstances, would not be aware of its existence.

(11)

No uses shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to a greater or more frequent extent than that usually experienced in an average residential occupancy.

(12)

See chapter 5 of this code for allowed signs in residential zoning districts.

(13)

No subsequent occupant of such premise shall engage in any home occupation until proper application has been made, and a new business license issued.

(b)

Home occupations allowed. The following home occupations are allowed.

(1)

Home office. A home occupation that is limited to an office use and does not involve visits or access by the public, suppliers or customers, and does not involve the receipt, maintenance, repair, storage or transfer of merchandise at the home is allowed.

(2)

Home business. A home occupation that is limited to the use of a practicing professional or artist, or to the office use of the operator of a business, and may involve very limited visits or access by clients or customers and the maintenance, repair, storage or transfer of merchandise received at the home is allowed. Examples of home businesses include, but are not limited to:

a.

Artists, sculptors, authors, or composers.

b.

Dressmakers, seamstresses, or tailors.

c.

Tutors and musical instructors.

d.

Home crafts, such as model making, rug weaving, and lapidary work.

e.

Cottage food operators, as defined, regulated and licensed by the Georgia Department of Agriculture.

f.

Taxidermist, upon approval as a special exception use by city council.

g.

Pet grooming, upon approval as a special exception use by city council.

(c)

Home occupations not allowed. Home occupations allowed shall not, in any event, be deemed to include the following:

(1)

Funeral chapels or funeral homes.

(2)

Nursery schools, kindergartens, day care centers.

(3)

Private clubs.

(4)

Restaurants.

(5)

Tourist homes, with the exception that bed and breakfast inns may be allowed upon approval as a special exception use in the R-A and R-3 zoning districts (see the Principal Use Table in chapter 2).

(6)

Stables or kennels.

(7)

Auto repair or similar establishments.

(8)

Any other occupation that the building, planning and zoning director finds incompatible with the purposes and intent of this article.

(Ord. No. 2021-10, § 1, 6-28-2021)

Merchandise or goods that are sold on-site by the principal use may be on display outdoors for the purpose of customer selection or direct sale or lease for customers only as follows in this code section.

(a)

Allowed permanent displays. Below is listed the type of merchandise or goods that may be located in outdoor display areas on a permanent basis where the principal use is otherwise allowed, with the exception that outdoor displays in the C-N and C-1 zoning districts require special exception approval by city council.

(1)

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

(2)

Manufactured homes.

(3)

Utility sheds, gazebos and play equipment.

(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; and yard maintenance materials such as fertilizer, mulch, straw and seed.

(6)

Vending machines or similar containers used to distribute food or beverage, newspapers, propane tanks, ice, videos or similar consumer products.

(b)

Restrictions.

(1)

Merchandise or goods on display outdoors must be located at least 20 feet from any property line, with the exception that vending machines and all other items listed under subsection (a)(6) above shall be located against and parallel to the building façade of the principal building.

(2)

The proposed display of propane cylinders is subject to review and approval of the fire marshal.

(Ord. No. 2021-10, § 1, 6-28-2021)

The outdoor storage of goods, material or merchandise not otherwise on display for customer selection or direct sale or lease to customers, where the use is otherwise allowed, is limited as follows:

(a)

Outdoor storage in commercial zoning districts.

(1)

Outdoor storage is prohibited in the C-N zoning district.

(2)

Outdoor storage is allowed in the C-1 and C-2 zoning districts with special exception approval only.

(3)

All outdoor storage must be located in a side or rear yard and must be screened from public streets and residential districts or uses by an opaque imitation-wood vinyl fence or free-standing wall no less than eight feet in height or a landscape buffer that demonstrates to the director of building, planning and zoning that a similar effect can be achieved.

(4)

No required parking spaces, required landscaped area, or any other required site element shall be used for outdoor storage.

(b)

Outdoor storage in industrial zoning districts. Building material or other outdoor storage yards, except junk yards and any other prohibition identified in the Principal Use Table in chapter 2, are allowed in the I-1 and I-2 zoning districts if they meet the following requirements:

(1)

They shall not be located within a required front yard.

(2)

They shall be set back at least 25 feet from any side or rear property lines and shall be screened by a solid, opaque fence or wall at least eight feet high which is set back a similar distance from any side or rear property lines.

(3)

They shall be established in connection with an allowed principal use.

(Ord. No. 2021-10, § 1, 6-28-2021)

Outside aboveground tanks for the storage of gasoline, liquefied petroleum gas, oil or other inflammable liquids or gases shall not be located within 500 feet to any residential district or use.

(Ord. No. 2021-10, § 1, 6-28-2021)

A home swimming pool shall not be located closer than ten feet to any property line.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

Satellite dish antenna shall be allowed in all zoning districts.

(b)

In all residential zones, the following requirements will apply:

(1)

Antenna will be erected only in a rear or side yard and the setback requirements from the property line will be the same as those required of an accessory building.

(2)

Location of the antenna must be approved by department of building, planning and zoning before installation can begin.

(c)

In all other zoning districts, antenna will be so placed as not to create a hazard to traffic or public utilities.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

In the C-1 and C-2 zoning districts, temporary uses are allowed for a period not to exceed two months in any calendar year. Temporary uses include the sale of Christmas trees, carnivals, church bazaars, tent revivals, and sale of seasonal fruits and vegetables from roadside stands.

(b)

Garage sales are allowed in residential zoning districts in accordance with chapter 22, article VIII, Garage and Rummage Sales in the City Code of Ordinances.

(Ord. No. 2021-10, § 1, 6-28-2021)

(a)

Temporary buildings may be used only in conjunction with construction work in any zoning district and shall be removed immediately upon the completion of construction.

(b)

A certificate of zoning compliance must be obtained for use of a temporary building.

(Ord. No. 2021-10, § 1, 6-28-2021)