This zoning district is comprised primarily of open farm land and land used for intensive agriculture and livestock and poultry production. The intent of the regulations is to encourage the maintenance of the general rural character of openness and discourage the subdivision of land that is better suited to agricultural usage. Major subdivisions with lots of less than 10 acres each are prohibited in this district. A farm or farming operation shall not be found to be a public or private nuisance if the farm or farm operation alleged to be a nuisance conforms to generally accepted agriculture and management practices. The intent of this ordinance is to prevent the non-agricultural resident from encroaching on existing, approved, or projected expansion of farms or farming operations.

7.1.1 Permitted uses. Within the A1 District, only the following uses are permitted:

7.1.1.1 Dwelling, Single- or two-family detached.

7.1.1.2 Individual mobile or manufactured home.

7.1.1.3 Industrialized building qualifying as dwelling, single family detached.

7.1.1.4 Caretaker dwelling for farm workers when located on the same lot as the principal residence of the owner of the agricultural operation, provided that such lot is at least five (5) acres in addition to the minimum lot area required for the principal residence, and subject to all the minimum space requirements of the A1 District.

7.1.1.5 Accessory buildings and uses incidental to the operation of the farm, including private garages, sheds, barns or other storage structures provided said structures are located on the same lot and are not used for conducting a business or service inconsistent with A1 allowed practice and provided that requirements under §§ 9.2.1.5 and 9.6 are met.

7.1.1.6 Agricultural, forestry, livestock, general farming, hog or poultry production excluding operations that qualify as a Confined Animal Feeding Operation. Confined Animal Feeding Operations are specifically excluded as a permitted use in A1 Agricultural District.

7.1.1.7 Daycare home.

7.1.1.8 Sale of agricultural products grown or processed on the premises, provided that adequate pull off lanes and parking are provided at the site, and the use does not adversely affect existing or future adjacent residential uses or seriously impede traffic in the area.

7.1.1.9 Any agriculturally oriented business, including, but not limited to, the sale and repair of farm implements, feed and seed wholesale and retail stores and warehouses and feed and seed storage bins.

7.1.1.10 Automobile service stations provided the requirements of § 9.8 are met.

7.1.1.11 Produce markets and farmers' markets.

7.1.1.12 Swimming pools, above and below ground, provided the pool location, including the pool deck and accessory equipment, is not closer than twenty (20) feet to any adjacent residential lot; the pool location can be adjacent to the Lake Oconee Georgia Power property line for lakeshore property; the pool is enclosed by a wall or fence to the extent required by State Law.

7.1.1.13 Home office.

7.1.1.14 Minor and Major Utility facilities.

7.1.1.15 Signs, provided that requirements of Article X are met.

7.1.1.16 Special Events provided that the parcel where the special event is to be located is at least twenty-five acres in size, and provided that no more than two special events may be held per calendar year per parcel or per property owner on adjoining parcels.

7.1.1.17 Rural home occupation, provided that requirements of § 9.7.2 are met.

7.1.1.18 Borrow Pits less than or equal to 2 acres.

7.1.1.19 Feed lots, provided that requirements of Article III Animal Units are met.

7.1.1.20 Temporary or permanent power for agricultural wells and permanent accessory structures, provided the requirements of 9.2.1.5 and 9.6 are met for accessory structures.

7.1.1.21 Animal units as allowed in section 9.26.

7.1.2 Conditional uses. Within the A1 District, the following uses may be permitted as Conditional Use pursuant to Article XI. Conditional Use applications may be approved or denied as submitted or may be approved subject to specified conditions in addition to those described herein.

7.1.2.1 Religious institutions, provided such uses are located on a lot with a minimum of two (2) acres and fronts on a public right-of-way or a private street which connects with a public right-of-way. The minimum building front setback is 50 feet. A ten (10) foot wide buffer area is required along any property line abutting residentially zoned property.

7.1.2.2 Permanent and temporary sawmills and planning mills, provided that the mill and storage areas are not located closer than 400 feet to a property line.

7.1.2.3 Towers provided the requirements of the Greene County Tower Ordinance is met.

7.1.2.4 Veterinary hospitals, clinics, and kennels, provided no enclosed structure for the keeping of animals is located within 200 feet of a property line.

7.1.2.5 Solid waste landfill provided the requirements of § 9.9 are met.

7.1.2.6 Home occupation, rural, and home occupation, residential.

7.1.2.7 Transfer Stations provided the entire outdoor storage area is properly screened as required in 6.7.

7.1.2.8 Private cemeteries.

7.1.2.9 Recreational developments, including, but not limited to, public fishing lakes, public swimming pools, and golf courses or driving ranges, provided a comprehensive plan for the area is submitted which includes the location of the site on plats of not less than a 1" = 400' scale, the location and function of all buildings and modifications of the natural landscape, the location and surface treatment of all roadways, appropriate details of drinking water or sanitary facilities, certificated by the Health Department if wells or septic tanks are involved and a time schedule setting for a development program.

7.1.2.10 Family Restaurants provided the requirements of § 6.2 are met.

7.1.2.11 Borrow Pits greater than 2 acres.

7.1.2.12 Development of natural resources, including the removal of minerals and natural materials together with necessary buildings and machinery - this includes dredging, mining and mineral exploration.

7.1.2.13 Confined Animal Feeding Operations provided the requirements of § 7.1.4 are met.

7.1.2.14 Solar Farm provided the requirements of Section 9.22 are met.

7.1.3 O.C.G.A. 44-1-17.

7.1.3.1 Prior to any purchase, lease, or other acquisition of real property or any interest in real property located within any county which has land zoned for agricultural or silvicultural use or identified on an approved county land use plan as agricultural or silvicultural use, it shall be the buyer's or grantee's responsibility to determine whether the subject property is within, partially within, or adjacent to any property zoned or identified on an approved county land use plan as agricultural or silvicultural use, the owner or agent for the owner shall deliver to the prospective purchaser, lessee, or grantee a notice which states the following:

"It is the policy of this state and this community to conserve, protect, and encourage the development and improvement of farm and forest land for the production of food, fiver, and other products, and also for its natural and environmental value. This notice is to inform prospective property owners or other persons or entities leasing or acquiring an interest in real property that the property in which they are about to acquire an interest lies within, partially within, or adjacent to an area zoned, used, or identified for farm and forest activities and that farm and forest activities occur in the area. Such farm and forest activities may include intensive operations that cause discomfort and inconveniences that involve, but are not limited to, noises, odors, fumes, dust, smoke, insects, operations of machinery during any 24 hour period, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides. One of more of these inconveniences may occur as the result of farm or forest activities which are in conformance with existing laws and regulations and accepted customs and standards."

Noncompliance with any provision of this Code section shall not affect title to real property nor prevent the recording of any document.

This Code section shall not apply to any transaction involving title passing by foreclosure, deed in lieu of foreclosure, tax deed, deed to secure debt, or from an executor or administrator.

This Code section shall not create a cause of action for damages or equitable relief.

7.1.4 Standards for confined animal feeding operations.

7.1.4.1 Purpose. The Greene County Board of Commissioners finds that residents in Greene County rely on water resources for drinking water supply, agricultural production, recreation, aesthetic enjoyment, and other activities; and that regulation of land uses within the County is essential for the protection of these water resources from degradation. Greene County residents also rely on an environment that has minimal impacts related to nuisances. The uses of land for Confined Animal Feeding Operations may result in odors, dust, noise, or other effects that may not be compatible with other zoning districts and surrounding areas. Confined Animal Feeding Operations shall be conducted in compliance with all applicable county, state, and federal laws and regulations, including land use, water quality, health, and environmental standards.

7.1.4.2 Additional application submittal requirements. In addition to the standard application for Conditional Use, the following requirements shall be met and the following additional information shall be submitted with a Conditional Use application:

1. Application fee. An additional permit application fee of $0.05 per animal based on the capacity of the proposed operation.
2. Development and design plan. A comprehensive, detailed site plan showing and identifying significant onsite and proposed features, to include:
   1. The boundaries of the parcel of land by survey.
   2. Any existing and proposed structures on the property.
   3. Any water impoundments and/or waterways on the property.
   4. Any existing and proposed wells.
   5. Any existing and proposed septic systems.
   6. Any existing and proposed screening.
   7. Any public roadways directly serving the parcel of land.
   8. Required setbacks.
   9. Required buffer zone.
   10. Any existing and proposed utility lines.
   11. Existing and proposed topographic contours at vertical intervals of five feet maximum (U.S.G.S topographic maps may be used for existing contours).

7.1.4.3 Additional requirements, review criteria, and development and design standards.

7.1.4.3.1 Buffer zone. Confined Animal Feeding Operations shall be located to reduce impacts from nuisances to the greatest extent practicable. A Buffer Zone must be located on the outer perimeter of the confinement area, with appropriate fencing, landscaping or other barrier as shall be approved by the County as a condition of Conditional Use approval. A Buffer Zone shall not be located on any portion of any existing or dedicated public or private street right-of-way and shall be privately owned and maintained. A Buffer Zone is a unit of required space and plantings and/or structures designed to reduce conflicts between adjacent land uses by eliminating or minimizing potential nuisances such as light, odor, noise, pests, dust, or unsightly buildings.

7.1.4.3.2 Odors. Confined Animal Feeding Operations shall be operated in compliance with all state and federal laws, rules and regulations and in such a manner as to not constitute a nuisance as defined by law.

7.1.4.3.3 Character of the neighborhood and surrounding community. The use, as determined in the sole discretion of the Board of Commissioners, must be compatible with the character of the surrounding neighborhood and must not have negative impacts on adjacent properties. The determination of compatibility shall be based upon a consideration of the level of traffic; hours of operation; scale and design of buildings; noise, odor or vibration; and similar impacts associated with the proposed land use.

7.1.4.3.4 Traffic. The use must not cause undue traffic, congestion, dangerous traffic conditions, or other vehicle-related impacts. The Board of Commissioners shall have sole discretion in determining if the proposed Confined Animal Feeding Operation will cause excessive traffic that is incompatible, and/or detrimental to the immediately surrounding areas.

7.1.4.3.5 Nuisance. Subject to the protections of O.C.G.A. § 41-1-7, the operating characteristics of the use shall not create a nuisance and the impacts on neighboring property shall be minimized with respect to noise, odors, vibrations, glare and similar conditions.

7.1.4.3.6 Setbacks. The specific setback requirements for Confined Animal Feeding Operations set forth herein are intended to minimize the adverse effects commonly associated with such operations, provided that larger setbacks or other conditions may be imposed as conditions so as to minimize adverse effects on surrounding property in cases involving, but not limited to, uncommonly large operations, unusual topographical conditions, or proximity to sensitive natural, scenic, or historic areas, municipal boundaries, and residential areas.

1. No Confined Animal Feeding Operation shall be constructed in any location where any portion of the Confinement Area is 500 feet or less from the property boundaries of the parcel on which the Confinement Area is to be constructed.
2. No Confined Animal Feeding Operation shall be constructed in any location where any portion of the Confinement Area is 1,500 feet or less from any building or property that is regularly used as a school, hospital, church, a public park, a public recreational area, a senior center, a nursing home or retirement home, a restaurant, or public community center.
3. No Confined Animal Feeding Operation shall be constructed in any location where any portion of the Confinement Area is 200 feet or less from any perennial stream.

7.1.4.3.7 Air quality protection. The operation of Confined Animal Feeding Operation facilities shall not exceed allowable emissions of substances or compounds regulated by state or federal Clean Air Acts, or the Clean Air Act Amendments of 1990, or any future amendments to either, or any other applicable statute or regulation.

7.1.4.3.8 Dead animal disposal. Dead animals shall be disposed of in a way that does not adversely affect ground or surface water and does not compromise public health. Any dead animal shall be disposed of within seventy-two (72) hours of discovery by removal for rendering, cremation, burial or composting as approved by the Georgia Department of Agriculture and by the Environmental Protection Division of the Georgia Department of Natural Resources.

7.1.4.4 Nonconforming uses. Existing Confined Animal Feeding Operations which were in operation at the time the Zoning Ordinance of Greene County, Georgia (hereinafter "Ordinance") was amended to include § 7.1.4, and which do not meet the requirements as described in this § 7.1.4, shall be grandfathered as existing nonconforming uses for purposes of the Ordinance. If such legally nonconforming operations contain less than six (6) Confinement Areas, the grandfathered operation may, as a Permitted Use, construct additional Confinement Areas without compliance with § 7.1.4, provided that the total number of Confinement Areas does not exceed six (6) and, if a poultry operation, the total number of animals associated with the poultry operation does not exceed 250,000 at any given time.

(Ord. of 12-8-2020, § 1(Exh. A))

This zoning district is composed primarily of limited agricultural activities in areas where compatible low density, rural, single-family residential development has occurred or is occurring. The regulations for this district are designed to provide the landowner an opportunity to engage in limited hobby type agricultural activities for personal use, with sold to the public. A farm or farming operation shall not be found to be a public or private nuisance if the farm or farm operation alleged to be a nuisance conforms to generally accepted agriculture and management practices. The intent of this ordinance is to prevent the non-agricultural resident from encroaching on existing, approved, or projected expansion of farms or farming operations.

7.2.1 Permitted uses. Within the A2 District, the following uses are permitted:

7.2.1.1 Dwelling, Single- or two-family detached.

7.2.1.2 Individual manufactured home.

7.2.1.3 Industrialized building qualifying as Dwelling, Single- or two-family detached.

7.2.1.4 Accessory buildings and accessory uses provided the requirements of § 9.6 are met.

7.2.1.5 Agricultural uses including small scale crop farming, gardening, forestry, but excluding confined animal feeding operations and feedlots.

7.2.1.6 Raising or keeping animals and fowl not sold for slaughter, not to exceed the requirements specified in Article III, Animal Units.

7.2.1.7 Daycare home.

7.2.1.8 Swimming pools, above and below ground, provided the pool location, including the pool deck and accessory equipment, is not closer than twenty (20) feet to any adjacent residential lot; the pool location can be adjacent to the Lake Oconee Georgia Power property line for lakeshore property; the pool is enclosed by a wall or fence to the extent required by State Law. Only home swimming pools and private community swimming pools are permitted.

7.2.1.9 Nurseries, for the production and sale of plants and their related products.

7.2.1.10 Sale of agricultural products grown or processed on the premises owned by the seller, provided that adequate pull off lanes and parking are provided at the site, and the use does not adversely affect existing or future adjacent residential uses or seriously impede traffic in the area.

7.2.1.11 Minor and Major Utility facilities.

7.2.1.12 Signs, provided that requirements of Article X are met.

7.2.1.13 Special Events provided that the parcel where the special event is to be located is at least twenty-five acres in size, and provided that no more than two special events may be held per calendar year per parcel or per property owner on adjoining parcels.

7.2.1.14 Rural home occupation, provided that requirements of § 9.7.2 are met.

7.2.1.15 Residential home occupation, provided that requirements of 9.7 are met.

7.2.1.16 Borrow Pits less than or equal to 2 acres.

7.2.1.17 Temporary or permanent power for agricultural wells and permanent accessory structures, provided the requirements of 9.2.1.5 and 9.6 are met for accessory structures.

7.2.1.18 Animal units as allowed in section 9.26.

7.2.2 Conditional uses. Within the A2 District, the following uses may be permitted with Conditional Use approval pursuant to Article XI. Conditional Use applications may be approved or denied as submitted or may be approved subject to specified conditions in addition to those described herein.

7.2.2.1 Cemeteries.

7.2.2.2 Community center or club, provided that the requirements of § 9.13 are met and further provided such uses are located on a lot with a minimum of two (2) acres and fronts on a public right-of-way or a private street which connects with a public right-of-way. The minimum building front setback is fifty (50) feet. A ten (10) ft. wide buffer area is required along any property line abutting residentially zoned property.

7.2.2.3 Public and private schools provided that a complete site development sketch is submitted with the application. The school must be located on a lot fronting an arterial or collector street. All buildings must be at least fifty (50) feet from any property line. The property must be on a lot of a minimum of two (2) acres and must be bordered by a ten (10) foot wide buffer area along its exterior boundary lines that do not border the frontage street. The buffer must not extend into the required front yard. The buffer area should be planted with evergreen trees or shrubs that grow at least eight (8) feet tall within three (3) years and provide an effective visual screen.

7.2.2.4 Recreational developments, including, but not limited to, public fishing lakes, public swimming pools. and golf courses or driving ranges, provided a comprehensive plan for the area is submitted which includes the location of the site on plats of not less than a 1" = 400' scale, the location and function of all buildings and modifications of the natural landscape, the location and surface treatment of all roadways, appropriate details of drinking water or sanitary facilities, certificated by the Health Department if wells or septic tanks are involved and a time schedule setting for a development program.

7.2.2.5 Religious institutions, provided such uses are located on a lot with a minimum of two (2) acres and fronts on a public right-of-way or a private street which connects with a public right-of-way. The minimum building front setback is fifty (50) feet. A ten (10) ft. wide buffer area is required along any property line abutting residentially zoned property.

7.2.2.6 Family Restaurants provided the requirements of § 6.2 are met.

7.2.2.7 Borrow Pits greater than 2 acres.

7.2.3 O.C.G.A. 44-1-17. The provisions of § 7.1.3 shall apply in the A2 district.

(Ord. of 12-8-2020, § 1(Exh. A))

This zoning district is intended for the development of small clusters of retail sales and service establishments which when appropriately located are designed to provide limited convenience shopping and services primarily for surrounding residential areas.

7.3.1 Permitted uses. Within the B1 District, only the following uses are permitted:

7.3.1.1 Accessory buildings and accessory uses provided the requirements of § 9.6 are met.

7.3.1.2 Arts and Crafts store.

7.3.1.3 Automobile service stations provided the requirements of § 9.8 are met.

7.3.1.4 Automobile repair garage when in conjunction with an automobile service station.

7.3.1.5 Bakery.

7.3.1.6 Barber and beauty shop.

7.3.1.7 Book, Stationary and Card Shop.

7.3.1.8 Business office.

7.3.1.9 Cafes and grills.

7.3.1.10 Clothing alteration.

7.3.1.11 Coffee shop

7.3.1.12 Convenience store.

7.3.1.13 Daycare center.

7.3.1.14 Drug store.

7.3.1.15 Dry cleaners.

7.3.1.16 Financial institution.

7.3.1.17 Florist, nursery and gift shop.

7.3.1.18 Frame shop.

7.3.1.19 Grocery store.

7.3.1.20 Hardware store.

7.3.1.21 Indoor self-service laundry.

7.3.1.22 Nurseries, for the production and sale of plants and their related products.

7.3.1.23 Professional office.

7.3.1.24 Minor and Major Utility facilities.

7.3.1.25 Restaurant.

7.3.1.26 Shopping centers with uses as otherwise permitted in the B1 District and a total leasable floor area of less than seventy-five thousand (75,000) square feet.

7.3.1.27 Signs, provided the requirements of Article X are met.

7.3.1.28 Special Events provided that the parcel where the special event is to be located is at least twenty-five acres in size, and provided that no more than two special events may be held per calendar year per parcel or per property owner on adjoining parcels.

7.3.1.29 Veterinary hospitals, clinics and kennels, provided no unenclosed structure for the keeping of animals is located within two hundred (200) feet of a property boundary.

7.3.1.30 Borrow Pits less than or equal to 2 acres.

7.3.2 Conditional uses. Within the B1 Neighborhood Convenience Commercial District, the uses enumerated below may be permitted with Conditional Use approval pursuant to Article XI. Conditional Use applications may be approved or denied as submitted or may be approved subject to specified conditions in addition to those described herein.

7.3.2.1 Nursing homes.

7.3.2.2 Second floor of a commercial use may be used as a residential dwelling unit provided it is served by a separate private entrance and exit.

7.3.2.3 Congregate Personal Care Home.

7.3.2.4 Self-storage facility incorporated with outdoor storage of recreational vehicles provided the entire outdoor storage area is properly screened as required in 6.7.

7.3.2.5 Automobile laundry or car wash provided that the paved area for the vehicle awaiting entrance to the washing process is located on the same lot. The paved area must be of sufficient size to adequately contain the number of vehicles (at two hundred (200) square feet per vehicle) equal to one-third of the practical hourly capacity of the washing machines. Curb breaks are limited to two (2), each not to exceed thirty (30) feet in width, and located no closer than fifty (50) feet to an intersection.

7.3.2.6 Restaurant, fast-food.

(Ord. of 12-8-2020, § 1(Exh. A))

The B-2 General Commercial Highway Oriented District is intended for denser commercial development that may extend along highways and provide services to both highway oriented and municipality-oriented trade. All businesses, services, storage or processing shall be conducted within an enclosed building, except where the nature of the activity makes it impossible (i.e., off-street loading, automobile parking for customers while on the premises, and the sale of automobile fuel at service stations). Use, processes or equipment employed on the premises shall be limited to those which are not objectionable by reason of odor, dust, bright lights, smoke, noise, or vibration.

7.4.1 Permitted uses. Within the B2 District, only the following uses are permitted:

7.4.1.1 Accessory buildings and accessory uses provided the requirements of § 9.6 are met.

7.4.1.2 Ambulance Service.

7.4.1.3 Apparel stores.

7.4.1.4 Appliance store including radio and television service.

7.4.1.5 Arts and Crafts stores.

7.4.1.6 Automobile repair garage, mechanical and body shops.

7.4.1.7 Automobile and boat service stations provided the requirements of § 9.8 are met.

7.4.1.8 Automobile repair garage when in conjunction with an automobile service station.

7.4.1.9 Bakeries.

7.4.1.10 Barber and beauty shop.

7.4.1.11 Bicycle or motorcycle store.

7.4.1.12 Books, stationary and card shops.

7.4.1.13 Bowling alleys.

7.4.1.14 Cafes, grills, and lunch counters.

7.4.1.15 Camera or photographic supply store.

7.4.1.16 Catering establishments.

7.4.1.17 Clothing, shoe, dry goods or gift store.

7.4.1.18 Coffee shop.

7.4.1.19 Commercial parking garage or lot provided no entrance or exit is on the same block as a school, and curb breaks are limited to two (2) for each one hundred (100) feet of street frontage, each not to exceed thirty (30) feet in width and at least fifty (50) feet separation and not located closer than fifty (50) feet to a street intersection.

7.4.1.20 Computer sales and services.

7.4.1.21 Confectionery store.

7.4.1.22 Convenience store.

7.4.1.23 Daycare center.

7.4.1.24 Dressmaking and tailoring shops.

7.4.1.25 Drug store.

7.4.1.26 Dry cleaning and laundry establishments.

7.4.1.27 Electronic supply store.

7.4.1.28 Fabric store.

7.4.1.29 Financial institution.

7.4.1.30 Florist, nursery and gift shop.

7.4.1.31 Frame shop.

7.4.1.32 Funeral home.

7.4.1.33 Furniture, home furnishings, including office furniture and equipment.

7.4.1.34 Grocery, fruit, vegetable, meat market, delicatessen, catering, supermarkets, and packaged alcoholic beverages stores.

7.4.1.35 Hardware store.

7.4.1.36 Health Club.

7.4.1.37 Indoor laundromat.

7.4.1.38 Jewelry store.

7.4.1.39 Laundry and dry cleaning pick-up stations, and indoor self-service laundry.

7.4.1.40 Laundry and dry cleaning store.

7.4.1.41 Lawn and Garden Shop.

7.4.1.42 Medical clinic.

7.4.1.43 Miniature golf course.

7.4.1.44 Miscellaneous repair service.

7.4.1.45 Motels, hotels.

7.4.1.46 News and tobacco center.

7.4.1.47 Nurseries, for the production and sale of plants and their related products.

7.4.1.48 Nursing home.

7.4.1.49 Paint store.

7.4.1.50 Professional and business office.

7.4.1.51 Printing, blue printing, book binding, photo stating, lithography and publishing establishments.

7.4.1.52 Produce and farmers markets.

7.4.1.53 Restaurants.

7.4.1.54 Restaurants, drive-in.

7.4.1.55 Restaurants, fast food.

7.4.1.56 Shopping centers with uses as otherwise permitted in the B2 District and a total leasable floor area of more than seventy-five thousand (75,000) square feet.

7.4.1.57 Signs, provided the requirements of Article X are met.

7.4.1.58 Special Events provided that the parcel where the special event is to be located is at least twenty-five acres in size, and provided that no more than two special events may be held per calendar year per parcel or per property owner on adjoining parcels.

7.4.1.59 Sporting Goods store.

7.4.1.60 Temporary commercial use, including the sale of Christmas trees or the sale of seasonal fruit, but not to exceed a period of two consecutive months in a calendar year.

7.4.1.61 Theater.

7.4.1.62 Travel agency.

7.4.1.63 Minor and Major Utility facilities.

7.4.1.64 Veterinary hospitals and animal shelters, provided adequate opaque screening by a wall or fence at least six (6) feet high is provided for areas where horses, dogs and other animals are not kept in cages or stalls.

7.4.1.65 Borrow Pits less than or equal to 2 acres.

7.4.2 Conditional uses. Within the B2 General Commercial Highway Oriented District, the uses enumerated below may be permitted with Conditional Use approval pursuant to Article XI. Conditional Use applications may be approved or denied as submitted or may be approved subject to specified conditions in addition to those described herein.

7.4.2.1 Second floor of a commercial use may be used as a residential dwelling unit provided it is served by a separate private entrance and exit.

7.4.2.2 Boat Sales provided the following:

1. The exterior lot for the proposed use shall be adequate in size and shape to accommodate the storage of twenty-five (25) large boats and all required setbacks, fencing, landscaping, parking, and other elements necessary and appropriate for the use.
2. Any outdoor storage yard must be located only in the rear and completely surrounded by a solid 8 foot tall fence such that stored items are not visible from outside the fencing.
3. A landscape design plan must be submitted with the Conditional Use Application that includes elements to provide additional screening to the storage yard in order to soften the appearance of the fence described in subsection (b), above.
4. Boats offered for sale may only be located inside the showroom or the rear storage yard, except that during the hours the boat sales business is open for sales, for a maximum of nine (9) hours in any twenty-four (24) hour period, a maximum of four (4) boats may be located on the outside area of the lot provided that the boats are placed on industry appropriate dollies or staging devices other than boat trailers or forklifts, and that any such boat is removed from the outside area prior to close of business each day.
5. No boats, trailers, or other inventory of the business shall be parked on public or private streets.
6. No paid long-term storage is permissible. Any storage must be limited to active service units, in-queue service units, and boat sales inventory.
7. Violations of any provision of the Conditional Use approval shall be subject to penalties in accordance with Article XII, Sec. 12.5.

7.4.2.3 Automobile laundry or car wash provided that the paved area for the vehicle awaiting entrance to the washing process is located on the same lot. The paved area must be of sufficient size to adequately contain the number of vehicles (at two hundred (200) square feet per vehicle) equal to one-third of the practical hourly capacity of the washing machines. Curb breaks are limited to two (2), each not to exceed thirty (30) feet in width, and located no closer than fifty (50) feet to an intersection.

7.4.2.4 Community Center or club provided the requirements of § 9.13 are met.

7.4.2.5 Religious Institution.

7.4.2.6 Motels, provided at least ten (10) rooms for overnight occupancy are available.

7.4.2.7 Self-storage facility incorporated with outdoor storage of recreational vehicles provided the entire outdoor storage area is properly screened as required in 6.7.

(Ord. of 12-8-2020, § 1(Exh. A))

The C3 District is established to protect and promote a suitable environment for those retail uses that generate loud noises, excessive traffic, or require large areas for outdoor storage. Included among these uses are establishments of a commercial-industrial nature, as well as those of a commercial-recreational nature. This area provides for substantial motor vehicle traffic.

7.5.1 Permitted uses. Within the C-3 District, only the following uses are permitted.

7.5.1.1 Accessory buildings and accessory uses provided the requirements under § 9.6 are met.

7.5.1.2 Auction houses.

7.5.1.3 Reserved.

7.5.1.4 Automobile service station provided the requirements of § 9.8 are met.

7.5.1.5 Automobile repair garage.

7.5.1.6 Automobile and truck rental.

7.5.1.7 Automobile sales lot.

7.5.1.8 Automobile laundry or car wash provided that the paved area for the vehicle awaiting entrance to the washing process is located on the same lot. The paved area must be of sufficient size to adequately contain the number of vehicles (at two hundred (200) square feet per vehicle) equal to one-third of the practical hourly capacity of the washing machines. Curb breaks are limited to two (2), each not to exceed thirty (30) feet in width, and located no closer than fifty (50) feet to an intersection.

7.5.1.9 Building and lumber supply establishments provided the entire storage area is properly screened as required in § 6.7.

7.5.1.10 Bus and Railroad terminal facilities.

7.5.1.11 Coffee shop.

7.5.1.12 Commercial parking garage or lot provided no entrance or exit be on the same block as a school, and that curb breaks be limited to two (2) for each one hundred (100) feet of street frontage, each not to exceed thirty (30) feet in width and at least fifty (50) feet separation and not located closer than fifty (50) feet to a street intersection.

7.5.1.13 Farm equipment sales.

7.5.1.14 Flea market.

7.5.1.15 Hospital.

7.5.1.16 Manufactured Homes sales lot.

7.5.1.17 Nurseries, for the production and sale of plants and their related products.

7.5.1.18 Restaurant.

7.5.1.19 Restaurant, drive-in.

7.5.1.20 Restaurant, fast food.

7.5.1.21 Self-storage facility including with outdoor storage of recreational vehicles provided the entire outdoor storage area is properly screened as required in 6.7.

7.5.1.22 Shopping Center.

7.5.1.23 Signs, provided the requirements of Article X are met.

7.5.1.24 Special Events provided that the parcel where the special event is to be located is at least twenty-five acres in size, and provided that no more than two special events may be held per calendar year per parcel or per property owner on adjoining parcels.

7.5.1.25 Tower provided the requirements of § 9.17 are met.

7.5.1.26 Trucking and Motor Freight companies.

7.5.1.27 Minor and Major Utility facilities.

7.5.1.28 Warehousing.

7.5.1.29 Wholesale outlets.

7.5.1.30 Borrow Pits less than or equal to 2 acres.

7.5.1.31 Tow truck and wrecker services.

7.5.2 Conditional uses. Within the C-3 Heavy Commercial District, the uses enumerated below may be permitted with Conditional Use approval pursuant to Article XI. Conditional Use applications may be approved or denied as submitted or may be approved subject to specified conditions in addition to those described herein.

7.5.2.1 Amusement parks.

7.5.2.2 Borrow Pits greater than 2 acres.

(Ord. of 12-8-2020, § 1(Exh. A))

The LI zone is established to protect and promote a suitable environment for light industrial purposes, including accessibility to major transportation facilities, and availability of adequate utilities and other public services. Industrial uses that cause obnoxious noise, vibrations, smoke, gas, fumes, odor, dust, glare, fire hazards or other objectionable environment conditions are prohibited from this district.

7.6.1 Permitted uses. Within the LI District, only the following uses are permitted.

7.6.1.1 Accessory buildings and accessory uses provided the requirements under § 9.6 are met.

7.6.1.2 Any establishment for manufacture, repair, assembly or processing totaling less than 500,000 square feet in floor area, and employing less than 200 employees, including, but not restricted to the following:

1. Confectionery manufacture;
2. Clothing and garment manufacture;
3. Laboratories for testing materials, chemical analysis, photography procession;
4. Manufacturing and assembly of scientific, optical and electrical equipment.
5. Manufacture of musical instruments and parts.
6. Manufacture of souvenirs and novelties.
7. Manufacture of toys, sporting and athletic goods.

7.6.1.3 Baking and food processing plants, fish and poultry houses, but not including the on-site slaughter or processing of animals.

7.6.1.4 Cold storage plants.

7.6.1.5 Public airport.

7.6.1.6 Permanent sawmills and planing mills.

7.6.1.7 Contractor's storage and equipment yards when located entirely within a building or fenced area as required by § 6.7.

7.6.1.8 Dyeing plants.

7.6.1.9 (Reserved.)

7.6.1.10 Frozen dessert and milk processing plants.

7.6.1.11 Industrial Parks and Planned Industrial Parks, provided that the provisions of § 9.10 are met.

7.6.1.12 Printing and publishing plants.

7.6.1.13 Processing of raw or semi-finished materials.

7.6.1.14 Minor and Major Utility facilities.

7.6.1.15 Radio stations.

7.6.1.16 Retail sales of goods or products produced or processed on the site, provided sufficient paved off-street parking and loading space is constructed to accommodate retail customers.

7.6.1.17 Signs, provided the requirements of Article X are met.

7.6.1.18 Towers provided the requirements of § 9.17 are met.

7.6.1.19 Borrow Pits less than or equal to 2 acres.

7.6.1.20 Manufactured home sales.

7.6.2 Conditional uses. Within the Light Industrial District, the uses enumerated below may be permitted with Conditional Use approval pursuant to Article XI. Conditional Use applications may be approved or denied as submitted or may be approved subject to specified conditions in addition to those described herein.

7.6.2.1 Truck terminals, provided that acceleration and deceleration lanes of at least two hundred (200) feet, including 50 feet flare, are provided for trucks entering or leaving the site and that generated truck traffic will not create safety hazard or unduly impede traffic.

7.6.2.2 Crematorium.

7.6.2.3 Transfer Stations provided the entire outdoor storage area is properly screened as required in 6.7.

7.6.2.4 Borrow Pits greater than 2 acres.

7.6.2.5 Automobile laundry or car wash provided that the paved area for the vehicle awaiting entrance to the washing process is located on the same lot. The paved area must be of sufficient size to adequately contain the number of vehicles (at two hundred (200) square feet per vehicle) equal to one-third of the practical hourly capacity of the washing machines. Curb breaks are limited to two (2), each not to exceed thirty (30) feet in width, and located no closer than fifty (50) feet to an intersection.

(Ord. of 12-8-2020, § 1(Exh. A))

The H-I Heavy Industrial District is established to provide appropriate locations for any use that may be obnoxious or offensive by reason of emission, odors, dust, smoke, gas, noise, vibration or traffic. All residential uses are prohibited in this district.

7.7.1 Permitted uses. Within the H-I District, only the following uses are permitted:

7.7.1.1 Automobile and boat sales provided the entire outdoor storage area is properly screened as required in 6.7.

7.7.1.2 Automobile and boat service provided the entire outdoor storage area is properly screened as required in 6.7.

7.7.1.3 Bottling and canning plants provided the entire outdoor storage area is properly screened as required in 6.7.

7.7.1.4 Borrow pits less than or equal to 2 acres.

7.7.1.5 Ceramic production facilities provided the entire outdoor storage area is properly screened as required in 6.7.

7.7.1.6 Cold storage plants and frozen food lockers.

7.7.1.7 Commercial sales of the product(s) permitted to be manufactured, assembled, or processed, on-site unenclosed or enclosed, not to exceed twenty (20) percent of the lot area.

7.7.1.8 Convenience stores, with or without gasoline pumps.

7.7.1.9 Dry cleaning plants.

7.7.1.10 Dwelling for caretaker or night watchman.

7.7.1.11 Electronics assembly and manufacturing of communications equipment provided the entire outdoor storage area is properly screened as required in 6.7.

7.7.1.12 Exterminating and pest control businesses.

7.7.1.13 Ice manufacturing.

7.7.1.14 Manufactured home sales incorporated with outdoor storage of manufactured homes provided the entire outdoor storage area is properly screened as required in 6.7.

7.7.1.15 Mini-warehouses incorporated with outdoor storage of recreational vehicles provided the entire outdoor storage area is properly screened as required in 6.7.

7.7.1.16 Metal products manufacturing provided the entire outdoor storage area is properly screened as required in 6.7.

7.7.1.17 Pharmaceuticals and medical supplies manufacturers.

7.7.1.18 Printing, blueprinting, publishing, and book binding facilities.

7.7.1.19 Service stations.

7.7.1.20 Sign fabrication and painting shops.

7.7.1.21 Textile manufacturing and processing provided the entire outdoor storage area is properly screened as required in 6.7.

7.7.1.22 Warehouses and storage buildings.

7.7.1.23 Wood products manufacturing provided the entire outdoor storage area is properly screened as required in 6.7.

7.7.1.24 Minor and Major Utility facilities.

7.7.2 Conditional uses. Within the Heavy Industrial District, the uses enumerated below may be permitted with Conditional Use approval pursuant to Article XI. Conditional Use applications may be approved or denied as submitted or may be approved subject to specified conditions in addition to those described herein.

7.7.2.1 Concrete/lime/gypsum/plaster manufacturing facility.

7.7.2.2 Asphalt and Concrete processing facilities.

7.7.2.3 Junkyards.

7.7.2.4 Landfills.

7.7.2.5 Development of natural resources, including the removal of minerals and natural materials together with necessary buildings and machinery - this includes dredging, mining and mineral exploration.

7.7.2.6 Borrow pits greater than 2 acres.

7.7.2.7 Crematorium.

7.7.2.8 Transfer Stations.

7.7.2.9 Commercial sales of the product(s) permitted to be extracted, unenclosed, exceeding twenty (20) percent of the lot area but not exceeding fifty (50) percent of the lot area.

7.7.2.10 Communication towers and communication antennas.

7.7.2.11 Cosmetics and toiletries manufacturers.

7.7.2.12 Feed, grain, and fertilize production.

7.7.2.13 Food processing plants or on-site slaughter facilities, including fish and poultry facilities.

7.7.2.14 Solar Farm provided the requirements of Section 9.22 are met.

7.7.3 Requirements.

7.7.3.1 All operations shall maintain a buffer of a minimum of 500 feet to a residential district and public roads.

7.7.3.2 All such operations, except driveway areas, shall be completely enclosed by an opaque fence, wall, or other opaque screening (including earthen berms and vegetation) having a minimum height of six feet but in no case less than such a height as will effectively screen all operations from view from the property line. Fences must be painted a natural color and maintained in good condition.

7.7.3.3 The number of vehicular driveways permitted on any single street frontage shall be limited to one per 500 feet of frontage with a minimum of 24 feet driveway width.

7.7.3.4 All operations shall conform to the following performance standards:

(Ord. of 12-8-2020, § 1(Exh. A))

The OI District is intended to provide an area for business and professional offices as well as for social, fraternal, political, civic and community organization. The district is also designed for institutional uses such as hospitals, nursing homes, convalescent centers, institutional planned developments and clinics. The following uses are permitted:

7.8.1 Permitted uses. Within the OI District, only the following uses are permitted:

7.8.1.1 Accessory building and accessory uses provided the requirements of § 9.6 are met.

7.8.1.2 Art, music, drama, photography, dance, theatrical studies.

7.8.1.3 Community center or club provided the requirements of § 9.13 are met, and further provided such uses are located on a lot with a minimum of 2 acres and front on a public right-of-way or a private street which connects with a public right-of-way. A ten (10) foot wide buffer area is required along any property line abutting residentially zoned districts.

7.8.1.4 Financial institutions, security-commodity brokers and exchanges, and holding and investment companies.

7.8.1.5 Funeral homes.

7.8.1.6 Hospital.

7.8.1.7 Institutional and philanthropic uses.

7.8.1.8 Libraries.

7.8.1.9 Medical and dental offices, clinics, and laboratories.

7.8.1.10 Museum.

7.8.1.11 Nursing homes, group personal care homes, congregate personal care homes, and memory care unit on a minimum lot size of 3 acres with at least 200 feet of width at the building line and at least 200 feet of frontage on a public road.

7.8.1.12 Offices for business, professional, governmental, civic, social, fraternal, political and charitable organizations.

7.8.1.13 Public and private primary and secondary schools, colleges, technical and vocational centers, including pre-schools, kindergartens, day care for children or adults, provided such uses are located on a lot with a minimum of 2 acres and front on a public right-of-way or a private street which connects with a public right-of-way. A ten (10) foot wide buffer area is required along any property line abutting residentially zoned districts.

7.8.1.14 Religious institutions, provided such uses are located on a lot with a minimum of 2 acres and front on a public right-of-way or a private street which connects with a public right-of-way. A ten (10) foot wide buffer area is required along any property line abutting residentially zoned districts.

7.8.1.15 Research, development, and testing laboratories and centers.

7.8.1.16 Minor and Major Utility facilities.

7.8.1.17 Borrow Pits less than or equal to 2 acres.

7.8.2 Conditional uses. Within the Office-Institutional District, the uses enumerated below may be permitted with Conditional Use approval pursuant to Amendment XI. Conditional Use applications may be approved or denied as submitted or may be approved subject to specified conditions in addition to those described herein.

7.8.2.1 Borrow Pits greater than 2 acres.

(Ord. of 12-8-2020, § 1(Exh. A))

7.9.1 The PUD districts establish a mechanism to implement the vision and principles of the Comprehensive Plan and provides for innovative concepts in large-scale residential development that enables economy in capital maintenance, yet does not forsake the desired rural setting of openness and a livable environment. Allied uses, public facilities and enclosed recreational uses are allowed. Through the Planned Unit Development process, it is the intent that property will be developed with a unified design providing continuity between the various elements. However, the PUD process is not intended as a device to circumvent general development regulations, densities, standards and good planning practice.

7.9.2 PUDs on contiguous property may be consolidated as a single PUD. To be eligible for a PUD consolidation, an application must provide documentation showing that the PUDs to be combined are subject to unified control and management. Subsequent to a PUD consolidation, the standards, requirements and restrictions of this Ordinance shall apply to the larger consolidated PUD as a single, unified development. The application for joining of PUDs must document the current land uses and acreages for each PUD, and then document the land uses and acreages for the proposed combined PUD.

7.9.3 Properties that are not zoned PUD may be annexed into a contiguous existing PUD. Any developed property that is annexed into a contiguous PUD shall not be required to comply with the PUD district regulations so long as it was lawfully developed with a use permitted by the PUD regulations at the time of its annexation. Any developed property that is annexed into a Minor PUD that does not already comply with the Minor PUD district regulations shall not be considered towards qualification as a Major PUD.

7.9.4 All submissions of development plans for a PUD must comply with the applicable provisions of § 9.18 and must be served by a central sewerage and a central water system adequately sized to supply fire hydrants at the time of submission. Existing subdivision development extensions are not required to connect to central sewerage or upgrade the central water system to support fire hydrants unless the proposed extension is within 1,500 feet of a point of connection capable of handling said improvements.

7.9.5 Minor Planned Unit Development (PUD)

To qualify as a Minor PUD, the development must be a minimum of 200 contiguous acres, provided, however, that a parcel that is adjacent to and adjoining an existing PUD or CPUD that is at least 50 contiguous acres shall qualify as a Minor PUD.

Permitted uses. Within the Minor PUD District, only the following uses are permitted:

7.9.5.1 Dwelling, single-family, detached.

7.9.5.2 Dwelling, multi-family.

7.9.5.3 Dwelling, two-family.

7.9.5.4 Industrialized building qualifying as Dwelling, single-family.

7.9.5.5 Accessory buildings and accessory uses provided the requirements of § 9.6 are met.

7.9.5.6 Condominiums and townhouses provided the requirements of § 9.5 are met.

7.9.5.7 Home office.

7.9.5.8 Swimming pools, above and below ground, provided the pool location, including the pool deck and accessory equipment, is not closer than ten (10) feet to any adjacent residential lot; the pool location can be adjacent to the Lake Oconee Georgia Power property line for lakeshore property; the pool is enclosed by a wall or fence to the extent required by State Law. Only home swimming pools and private community swimming pools are permitted.

7.9.5.9 Public or private park or recreational area, which may include clubs, marinas, restaurants, a golf course, swimming pool, clubhouse, tennis courts, playgrounds, lakes or similar recreation uses.

7.9.5.10 Minor and Major Utility facilities.

7.9.5.11 Boat docks, provided all ordinances, building codes, state laws and requirements of the Georgia Power Company pertaining to construction on, and use of, lake shore property and the reservoir are met.

7.9.5.12 Signs, provided the requirements of Article X are met.

7.9.5.13 Fire Stations.

7.9.5.14 PUD Development, operations and maintenance facilities.

7.9.5.15 Borrow Pits less than or equal to two (2) acres.

7.9.5.16 Cottage housing provided the requirements of 9.27 are met.

7.9.6 Conditional uses. Within the Minor PUD District, the uses enumerated below may be permitted with Conditional Use approval pursuant to Article XI. Conditional Use applications may be approved or denied as submitted or may be approved subject to specified conditions in addition to those described herein.

7.9.6.1 Non-Residential uses. Non-Residential uses may be permitted where such uses are scaled primarily to serve the residents of the Minor PUD. Non-Residential uses shall be necessary commercial or accessory services to and within the Minor PUD district being served.

(Ord. of 12-8-2020, § 1(Exh. A))

7.9.7 Urban Planned Unit Development (UPUD)

To qualify as an UPUD, the development must be located in the southwest quadrant of I-20 / SR 44 interchange within the Greater Greensboro Character Area future land use designation adopted in the Greene County Comprehensive Plan and be a minimum of 100 contiguous acres.

Permitted uses. Within the UPUD District, only the following uses are permitted:

7.9.7.1 Dwelling, single-family, detached.

7.9.7.2 Dwelling, multi-family.

7.9.7.3 Dwelling, two-family.

7.9.7.4 Industrialized building qualifying as Dwelling, single-family.

7.9.7.5 Accessory buildings and accessory uses provided the requirements of § 9.8 are met.

7.9.7.6 Condominiums and townhouses provided the requirements of § 9.7 are met.

7.9.7.7 Home office.

7.9.7.8 Swimming pools, above and below ground, provided the pool location, including the pool deck and accessory equipment, is not closer than ten (10) feet to any adjacent residential lot line; the pool is enclosed by a wall or fence to the extent required by State Law. Only home swimming pools and private community swimming pools are permitted.

7.9.7.9 Public or private park or recreational area, which may include clubs, marinas, restaurants, a golf course, swimming pool, clubhouse, tennis courts, playgrounds, lakes or similar recreation uses.

7.9.7.10 Minor and Major Utility facilities.

7.9.7.11 Signs, provided the requirements of Article X are met.

7.9.7.12 Fire Stations.

7.9.7.13 UPUD Development, operations and maintenance facilities.

7.9.7.14 Borrow Pits less than or equal to two (2) acres.

7.9.7.15 Cottage housing provided the requirements of 9.27 are met.

7.9.8 Conditional uses. Within the UPUD District, the uses enumerated below may be permitted with Conditional Use approval pursuant to Article XI. Conditional Use applications may be approved or denied as submitted or may be approved subject to specified conditions in addition to those described herein.

7.9.8.1 Non-Residential uses. Non-Residential uses may be permitted where such uses are scaled primarily to serve the residents of the UPUD. Non-Residential uses shall be necessary commercial or accessory services to and within the UPUD district being served.

7.9.9 Major Planned Unit Development (Major PUD)

To qualify as a Major PUD, the development must be a minimum of 2,000 contiguous acres.

Permitted uses. Within the Major PUD District, only the following uses are permitted:

7.9.9.1 Dwelling, single-family, detached.

7.9.9.2 Dwelling, multi-family.

7.9.9.3 Dwelling, two-family.

7.9.9.4 Industrialized building qualifying as Dwelling, single-family.

7.9.9.5 Accessory buildings and accessory uses provided the requirements of § 9.6 are met.

7.9.9.6 Condominiums and townhouses provided the requirements of § 9.5 are met.

7.9.9.7 Daycare home.

7.9.9.8 Home office.

7.9.9.9 Swimming pools, above and below ground, provided the pool location, including the pool deck and accessory equipment, is not closer than ten (10) feet to any adjacent residential lot; the pool location can be adjacent to the Lake Oconee Georgia Power property line for lakeshore property; the pool is enclosed by a wall or fence to the extent required by State Law. Only home swimming pools and private community swimming pools are permitted.

7.9.9.10 Public or private park or recreational area, which may include clubs, marinas, restaurants, a golf course, swimming pool, clubhouse, tennis courts, playgrounds, lakes or similar recreation uses.

7.9.9.11 Minor and Major Utility facilities.

7.9.9.12 Boat docks, provided all ordinances, building codes, state laws and requirements of the Georgia Power Company pertaining to construction on, and use of, lake shore property and the reservoir are met.

7.9.9.13 Signs, provided the requirements of Article X are met.

7.9.9.14 Fire Stations.

7.9.9.15 Major PUD Development, operations and maintenance facilities.

7.9.9.16 Borrow Pits less than or equal to two (2) acres.

7.9.9.17 Homestead Compound provided the requirements of § 9.24 are met.

7.9.9.18 Homestead Farm with associated agricultural uses including small scale crop farming, gardening, forestry, but excluding poultry houses and feedlots provided the requirements of § 9.25 are met. Animals and fowl not to exceed the requirements specified in § 9.26, Animal Units.

7.9.9.19 Cottage housing provided the requirements of 9.27 are met.

7.9.10 Conditional Uses. Within the Major PUD District, the uses enumerated below may be permitted with Conditional Use approval pursuant to Article XI. Conditional Use applications may be approved or denied as submitted or may be approved subject to specified conditions in addition to those described herein.

7.9.10.1 Borrow Pits greater than 2 acres.

7.9.10.2 Non-Residential uses. Non-Residential uses may be permitted where such uses are scaled primarily to serve the residents of the Major PUD. Non-Residential uses shall be necessary commercial or accessory services to and within the Major PUD district being served.

7.10.1 The purpose of the Commercial Planned Unit Development district is to encourage flexibility in the design and development of land in order to promote its most appropriate use; to facilitate the adequate and economical provisions of streets and utilities; to preserve the natural and scenic qualities of open space; and to encourage, in compatibility with the goals and objectives of the Comprehensive Plan, large-scale mixed commercial, office/institutional, and residential developments that are planned, designed and developed to function as integral units independent of adjacent building sites. Through the Commercial Planned Unit Development process, it is the intent that property will be developed with a unified design providing continuity between the various elements. However, the CPUD process is not intended as a device to circumvent general development regulations, standards and good planning practice.

7.10.2 CPUDs on contiguous property may be consolidated as a single CPUD. To be eligible for a CPUD consolidation, an application must provide documentation showing that the CPUDs to be combined are subject to unified control and management. Subsequent to a CPUD consolidation, the standards, requirements and restrictions of this Ordinance shall apply to the larger consolidated CPUD as a single, unified development. The application for joining of CPUDs must document the current land uses and acreages for each CPUD, and then document the land uses and acreages for the proposed combined CPUD.

7.10.3 Properties that are not zoned CPUD may be annexed into a contiguous existing CPUD. Any developed property that is annexed into a contiguous CPUD shall not be required to comply with the CPUD district regulations so long as it was lawfully developed with a use permitted by the CPUD regulations at the time of its annexation.

7.10.4 To qualify as a CPUD, it must be a minimum of 50 contiguous acres. The residential usage shall be a minimum of 25% of the total acreage and the non-residential usage shall be a minimum of 25% of the total acreage. It is the intent that a CPUD will be a mixed use development.

7.10.5 All submissions of development plans for a CPUD must comply with the applicable provisions of § 9.18 and must be served by a central sewerage and a central water system adequately sized to supply fire hydrants at the time of submission. Existing subdivision development extensions are not required to connect to central sewerage or upgrade the central water system to support fire hydrants unless the proposed extension is within 1,500 feet of a point of connection capable of handling said improvements.

7.10.6 Permitted uses. Within the CPUD District, the following uses are permitted.

7.10.6.1 Public uses, essential public services, open land uses, and similar uses which are either subject to other public controls or which do not have significantly adverse effects on other permitted uses.

7.10.6.2 Cultural, recreational, health, educational, daycare, and religious facilities that serve the residents of the community. These uses are typically public in nature but may also be private.

7.10.6.3 Single-family detached dwelling located in appropriate residential areas.

7.10.6.4 Single-family detached dwellings that have a zero lot line lot configuration.

7.10.6.5 Single-family dwellings which have either a townhouse design or a condominium ownership regime.

7.10.6.6 Multi-family dwellings.

7.10.6.7 Offices, studios, medical and dental clinics and labs, and other compatible or supporting business services and sales.

7.10.6.8 Eating places, other than drive-in restaurants.

7.10.6.9 Athletic facilities; hotels, provided at least ten (10) rooms for overnight occupancy are available.

7.10.6.10 Establishments providing a variety of frequently purchased commercial goods, where convenience of location is more important than comparative shopping. These uses are grouped in order that limited commercial uses be permitted adjacent to residential areas. Uses include but are not limited to retail food and drug stores, packaged alcoholic beverages stores, dry-cleaning and coin-operated laundries, and convenience stores.

7.10.6.11 Automobile and boat service areas provided the entire outdoor storage area is properly screened as required in 6.7.

7.10.6.12 Restaurants and fast food outlets.

7.10.6.13 Entertainment and recreation facilities including theaters, bowling alleys, skating rinks, golf courses, swimming pools, tennis courts or similar recreation uses.

7.10.6.14 Home office.

7.10.6.15 Parking lot for the parking of vehicles used by customers and employees of businesses within the CPUD.

7.10.6.16 Arts and Crafts stores.

7.10.6.17 Bakery.

7.10.6.18 Barber and beauty shop.

7.10.6.19 Book, stationary and card shop.

7.10.6.20 Cafes and grills.

7.10.6.21 Clothing alternation.

7.10.6.22 Financial institution.

7.10.6.23 Florist, nursery and gift shop.

7.10.6.24 Frame shop.

7.10.6.25 Professional offices.

7.10.6.26 Shopping centers with uses as otherwise permitted and a total leasable floor area of less than seventy-five thousand (75,000) square feet.

7.10.6.27 Special Events provided that the parcel where the special event is to be located is at least twenty-five acres in size, and provided that no more than two special events may be held per calendar year per parcel or per property owner on adjoining parcels.

7.10.6.28 Temporary commercial use, including the sale of Christmas trees or the sale of seasonal fruit and/or nuts not to exceed a period of two consecutive months in a calendar year.

7.10.6.29 Veterinary hospitals, clinics and kennels with only enclosed structure for the keeping of animals.

7.10.6.30 Bed and breakfast.

7.10.6.31 Nursing homes.

7.10.6.32 Camera and photographic supply store.

7.10.6.33 Car wash.

7.10.6.34 Catering establishments.

7.10.6.35 Computer sales and service.

7.10.6.36 Delicatessen.

7.10.6.37 Electronic supply store.

7.10.6.38 Fabric store.

7.10.6.39 Jewelry store.

7.10.6.40 News and tobacco center.

7.10.6.41 Produce and farmers' markets.

7.10.6.42 Sporting goods store.

7.10.6.43 Travel agency.

7.10.6.44 Variety and general merchandise stores.

7.10.6.45 Community center or club, provided the requirements of 9.13 are met and provided such uses are located on a lot with a minimum of 2 acres and fronts on a public right-of-way or a private street which connects with a public right-of-way. The minimum building front setback is 50 feet. A fifty (50) foot wide buffer area is required along any property line abutting residentially zoned property.

7.10.6.46 Single-family dwellings sold as a condominium ownership regime over commercial businesses.

7.10.6.47 Live-work commercial/residential units in which businesses are located on the main floor and the dwelling is located over the shop where the unit, including the main floor and second floor, shall be required to remain under the same ownership.

7.10.6.48 Reserved.

7.10.6.49 Boat docks and marinas, provided all ordinances, building codes, state laws and requirements of the Georgia Power Company pertaining to construction on, and use of, lake shore property and the reservoir are met.

7.10.6.50 Borrow Pits less than or equal to 2 acres.

7.10.6.51 Minor and Major Utility facilities.

7.10.6.52 Furniture, home furnishings, including office furniture and equipment.

7.10.6.53 Religious institutions, provided such uses are located on a lot with a minimum of 2 acres and fronts on a public right-of-way or a private street which connects with a public right-of-way. The minimum building front setback is 50 feet. A fifty (50) foot wide buffer area is required along any property line abutting residentially zoned property.

7.10.6.54 Swimming pools, above and below ground, provided the pool location, including the pool deck and accessory equipment, is not closer than ten (10) feet to any adjacent residential lot; the pool location can be adjacent to the Lake Oconee Georgia Power property line for lakeshore property; the pool is enclosed by a wall or fence to the extent required by State Law. Only home swimming pools and private community swimming pools are permitted.

7.10.6.55 Cottage housing provided the requirements of 9.27 are met.

7.10.7 Conditional uses. Within the CPUD District, the uses enumerated below may be permitted with Conditional Use approval pursuant to Article XI. Conditional Use applications may be approved or denied as submitted or may be approved subject to specified conditions in addition to those described herein.

7.10.7.1 Stores selling retail goods that are ordinarily purchased less frequently and often have a community-wide or regional market. These uses include building materials, hardware, lawn and garden supply, and equipment stores, and automotive and marine sales and accessories establishments provided the entire outdoor storage area is properly screened as required in 6.7.

7.10.7.2 Family Personal Care Home, Group Personal Care Home, Memory Care Unit and Congregate Personal Care Home.

7.10.7.3 Borrow Pits greater than 2 acres.

7.10.8 Development standards. Within the CPUD District, the following standards must be met.

7.10.8.1 Commercial Planned Unit Developments must be served by a central sewerage and a central water supply system adequately sized to supply fire hydrants at the time of submission. On-site water supply and sewage treatment systems must be designed and installed to meet applicable rules of the Greene County Health Department and the State of Georgia EPD.

7.10.8.2 Structures, parking areas, and other facilities shall when practical be designed and located in a manner that minimizes their visibility from adjacent roadways.

7.10.8.3 CPUD densities may be determined on the basis of any and all of the following considerations: the densities designated by the land use plan, the densities of surrounding development, the densities allowed under the various zoning districts, topography and character of the natural environment and the impact of a given density on the specific site and adjacent properties. The County also has the discretion to consider any other relevant factors.

7.10.8.4 There is no minimum lot size or width. However, every single-family dwelling shall be a minimum 1,000 square feet of heated space and have access to a street, court, or walkway or other area dedicated to community use that also provides emergency vehicle access or is in addition to emergency vehicle access as required and approved by the County for public safety access. There are no required setbacks within a CPUD except that no dwelling or accessory building shall be erected within thirty-onetwo (312) feet of any other structure located on an adjacent lot, with the following exceptions:

a) Where buildings are attached, such as in townhouses, duplexes, and multi-family, separation is not required between adjacent attached structures. Common fire wall/party wall ratings or automatic fire sprinkler system installations shall comply with the International Residential and International Building Code.

b) Where buildings are equipped with an approved automatic fire sprinkler system installed in accordance with the International Residential and International Building Code, separation of less than thirty-one (31) feet but at least eleven (11) feet are permitted.

c) Where buildings are within five-hundred (500) feet of a fire hydrant capable of producing needed Fire Flow of at least seven-hundred and fifty (750) gallons per minute, separation less than thirty-two (32) feet but at least twenty-one (21) feet from any adjacent building is permitted, except lots previously final platted.

d) Where buildings are within five-hundred (500) feet of a fire hydrant capable of producing needed Fire Flow of at least one-thousand (1,000) gallons per minute, separation less than twenty-one (21) feet but at least eleven (11) feet from any adjacent building is permitted.

7.10.8.5 Due to the flexibility allowed in development density, well designed open space is an important factor in providing for innovative design and visual attractiveness. A minimum of thirty percent of gross acreage shall be designated as open space.

(Ord. of 12-8-2020, § 1(Exh. A))

The R-1 District is composed primarily of low density residential areas where similar developments appear likely to occur. The district is designed to encourage single-family development in a rural setting and certain uses allied to or customarily incidental to residential developments in a rural area.

7.11.1 Permitted uses. Within the R1 District, only the following uses are permitted.

7.11.1.1 Dwelling, single-family, detached.

7.11.1.2 Industrialized building qualifying as dwelling, single-family, detached.

7.11.1.3 Accessory buildings and accessory uses provided the requirements of § 9.6 are met.

7.11.1.4 Home office.

7.11.1.5 Daycare home.

7.11.1.6 Major and Minor Utility facilities.

7.11.1.7 Signs, provided the requirements of Article X are met.

7.11.1.8 Swimming pools, above and below ground, provided the pool location, including the pool deck and accessory equipment, is not closer than twenty (20) feet to any adjacent residential lot; the pool location can be adjacent to the Lake Oconee Georgia Power property line for lakeshore property; the pool is enclosed by a wall or fence to the extent required by State Law.

7.11.2 Conditional uses. Within the R-1 District, the uses enumerated below may be permitted with Conditional Use approval pursuant to Article XI. Conditional Use applications may be approved or denied as submitted or may be approved subject to specified conditions in addition to those described herein.

7.11.2.1 Religious institutions, provided such uses are located on a lot with a minimum of 2 acres and fronts on a public right-of-way or a private street which connects with a public right-of-way. The minimum building front setback is 50 feet. A ten (10) foot wide buffer area is required along any property line abutting residentially zoned property.

7.11.2.2 Recreational developments, including, but not limited to, public fishing lakes, public swimming pools. and golf courses or driving ranges, provided a comprehensive plan for the area is submitted which includes the location of the site on plats of not less than a 1" = 400' scale, the location and function of all buildings and modifications of the natural landscape, the location and surface treatment of all roadways, appropriate details of drinking water or sanitary facilities, certificated by the Health Department if wells or septic tanks are involved and a time schedule setting for a development program.

7.11.2.3 Borrow Pits less than or equal to 2 acres.

(Ord. of 12-8-2020, § 1(Exh. A))

The R-2 District is comprised of medium density residential areas plus certain open areas where similar development appears likely to occur in the near future. The district is designed to encourage similar and complementary uses which may be desirable in a neighborhood.

7.12.1 Permitted uses. With the R-2 District, only the following uses are permitted:

7.12.1.1 Dwelling, single-family, detached.

7.12.1.2 Dwelling, two-family.

7.12.1.3 Industrialized building qualifying as Dwelling, single-family, detached.

7.12.1.4 Individual manufactured home meeting the definition of Dwelling, Single-Family, Detached.

7.12.1.5 Accessory buildings and accessory uses provided the requirements of § 9.6 are met.

7.12.1.6 Daycare home.

7.12.1.7 Home office.

7.12.1.8 Minor and Major Utility facilities.

7.12.1.9 Swimming pools, above and below ground, provided the pool location, including the pool deck and accessory equipment, is not closer than twenty (20) feet to any adjacent residential lot; the pool location can be adjacent to the Lake Oconee Georgia Power property line for lakeshore property; the pool is enclosed by a wall or fence to the extent required by State Law. Only home swimming pools and private community swimming pools are permitted.

7.12.2 Conditional uses. Within the R2 District, the uses enumerated below may be permitted with Conditional Use approval pursuant to Article XI. Conditional Use applications may be approved or denied as submitted or may be approved subject to specified conditions in addition to those described herein.

7.12.2.1 Recreational developments, including, but not limited to, public fishing lakes, public swimming pools, and golf courses or driving ranges, provided a comprehensive plan for the area is submitted which includes the location of the site on plats of not less than a 1" = 400' scale, the location and function of all buildings and modifications of the natural landscape, the location and surface treatment of all roadways, appropriate details of drinking water or sanitary facilities, certificated by the Health Department if wells or septic tanks are involved and a time schedule setting for a development program.

7.12.2.2 Religious institutions, provided such uses are located on a lot with a minimum of 2 acres and front on a public right-of-way or a private street which connects with a public right-of-way. A ten (10) foot wide buffer area is required along any property line abutting property in residential zoning districts.

7.12.2.3 Public and private primary and secondary schools provided that a complete site development sketch is submitted to and approved by the Board of Commissioners.

7.12.2.4 Borrow Pits less than or equal to 2 acres.

(Ord. of 12-8-2020, § 1(Exh. A))

The RM District is composed of areas with existing or proposed high density residential use. The ordinance is designed to accommodate open space, convenience services, and community facilities needed for high density living.

7.13.1 Permitted uses. Within the RM District, only the following uses are permitted:

7.13.1.1 Dwelling, single-family, detached.

7.13.1.2 Dwelling, two-family.

7.13.1.3 Dwelling, multi-family.

7.13.1.4 Garage apartment.

7.13.1.5 Individual manufactured home meeting the definition of dwelling, single family detached.

7.13.1.6 Industrialized building qualifying as Dwelling, single-family, detached.

7.13.1.7 Boarding house.

7.13.1.8 Apartments.

7.13.1.9 Townhouses and condominiums provided that the requirements in § 9.5 are met.

7.13.1.10 Manufactured Home Park provided the requirements of §§ 9.3 and 9.4 are met.

7.13.1.11 Accessory buildings and accessory uses provided the requirements of § 9.6 are met.

7.13.1.12 Daycare home.

7.13.1.13 Home office.

7.13.1.14 Swimming pools, above and below ground, provided the pool location, including the pool deck and accessory equipment, is not closer than twenty (20) feet to any adjacent residential lot; the pool location can be adjacent to the Lake Oconee Georgia Power property line for lakeshore property; the pool is enclosed by a wall or fence to the extent required by State Law. Only home swimming pools and private community swimming pools are permitted.

7.13.1.15 Minor and Major Utility facilities.

7.13.1.16 Cottage housing provided the requirements of 9.27 are met.

7.13.2 Conditional uses. Within the RM District, the uses enumerated below may be permitted. Conditional Use applications may be approved or denied as submitted or may be approved subject to specified conditions in addition to those described herein.

7.13.2.1 Kindergartens, play schools, and daycare centers. A complete site development sketch must be submitted with the application.

7.13.2.2 Family or group personal care homes provided that a complete site development sketch is submitted with the application showing adequate paved and lined off-street parking. All buildings must be placed at least fifty (50) feet from any property line and bordered by a ten (10) foot wide buffer area along the front, side and back lot lines. The buffer area should be planted with evergreen trees or evergreen shrubs that grow at least eight (8) feet tall within three (3) years and provide an effective visual screen.

7.13.2.3 Recreational developments, including, but not limited to, public fishing lakes, public swimming pools. and golf courses or driving ranges, provided a comprehensive plan for the area is submitted which includes the location of the site on plats of not less than a 1" = 400' scale, the location and function of all buildings and modifications of the natural landscape, the location and surface treatment of all roadways, appropriate details of drinking water or sanitary facilities, certificated by the Health Department if wells or septic tanks are involved and a time schedule setting for a development program.

7.13.2.4 Religious institutions, provided such uses are located on a lot with a minimum of 2 acres and fronts on a public right-of-way or a private street which connects with a public right-of-way. The minimum building front setback if 50 feet. A ten (10) foot wide buffer area is required along any property line abutting residentially zoned property.

7.13.2.5 Family Personal Care Home, Group Personal Care Home and Congregate Personal Care Home.

7.13.2.6 Borrow Pits less than or equal to 2 acres.

(Ord. of 12-8-2020, § 1(Exh. A))

The LR1 District is composed primarily of low to medium density residential areas. The ordinance for the district is designed to encourage single-family developments, stressing the preservation of the natural beauty of the lake shore line and surrounding land. Additionally, the preservation of historical and archaeological sites is encouraged.

7.14.1 Permitted uses. Within the LR1 District, only the following uses are permitted.

7.14.1.1 Dwelling, single-family, detached.

7.14.1.2 Industrialized building qualifying as Dwelling, single-family, detached.

7.14.1.3 Accessory building and accessory uses provided the requirements of § 9.6 are met.

7.14.1.4 Daycare home.

7.14.1.5 Home office.

7.14.1.6 Boat docks, provided all ordinances, building codes, state laws and requirements of the Georgia Power Company pertaining to construction on, and use of, lake shore property and the reservoir are met.

7.14.1.7 Swimming pools, above and below ground, provided the pool location, including the pool deck and accessory equipment, is not closer than ten (10) feet to any adjacent residential lot; the pool location can be adjacent to the Lake Oconee Georgia Power property line for lakeshore property; the pool is enclosed by a wall or fence to the extent required by State Law. Only home swimming pools and private community swimming pools are permitted.

7.14.2 Conditional uses. Within the LR1 District, the uses enumerated below may be permitted with Conditional Use approval pursuant to Article XI. Conditional Use applications may be approved or denied as submitted or may be approved subject to specified conditions in addition to those described herein.

7.14.2.1 Religious institutions, provided such uses are located on a lot with a minimum of 2 acres and fronts on a public right-of-way or a private street which connects with a public right-of-way. The minimum building front setback is 50 feet. A ten-foot wide buffer area is required along any property line abutting residentially zoned property.

7.14.2.2 Minor and Major Utility facilities.

7.14.2.3 Recreational developments including, but not limited to, public fishing lakes, swimming pools, golf courses or driving ranges, provided that a comprehensive development plan for the area is submitted which includes the location of the site on maps of not less than 1" = 400' scale, the location and surface treatment of all roadways, appropriate details of drinking water or sanitary facilities, approval of the Greene County Health Department if wells and/or septic tanks are to be used, plus a time schedule setting forth a development program. No building shall be located within 100 feet of any property boundary.

7.14.2.4 Borrow Pits less than or equal to 2 acres.

7.14.2.5 Development of natural resources, including the removal of minerals and natural materials together with necessary buildings and machinery - this includes dredging, mining and mineral exploration. When combined with a parcel split by the A-1 district and the LR-1 district.

(Ord. of 12-8-2020, § 1(Exh. A))

The LR2 Lakeshore Multi-family Residential/Recreation is composed of medium to high density residential areas. The ordinances are designed to encourage the preservation of the natural beauty of the shoreline and the surrounding land. Additionally, the preservation of historical and archaeological sites is encouraged.

7.15.1 Permitted uses. Within the LR2 District, only the following uses are permitted.

7.15.1.1 Dwelling, single-family detached.

7.15.1.2 Dwelling, two-family.

7.15.1.3 Industrialized building qualifying as Dwelling, single-family, detached.

7.15.1.4 Townhouses and condominiums provided that the requirements in § 9.5 are met.

7.15.1.5 Garage apartment.

7.15.1.6 Accessory buildings and accessory uses provided the requirements of § 9.6 are met.

7.15.1.7 Daycare home.

7.15.1.8 Home office.

7.15.1.9 Boat docks, provided all ordinances, building codes, state laws and requirements of the Georgia Power Company pertaining to construction on, and use of, lake shore property and the reservoir are met.

7.15.1.10 Minor and Major Utility facilities.

7.15.1.11 Swimming pools, above and below ground, provided the pool location, including the pool deck and accessory equipment, is not closer than twenty (20) feet to any adjacent residential lot; the pool location can be adjacent to the Lake Oconee Georgia Power property line for lakeshore property; the pool is enclosed by a wall or fence to the extent required by State Law. Only home swimming pools and private community swimming pools are permitted.

7.15.2 Conditional uses. Within the LR2 District, the uses enumerated below may be permitted with Conditional Use applications may be approved or denied as submitted or may be approved subject to specified conditions in addition to those described herein.

7.15.2.1 Kindergartens, play schools, and daycare centers. A complete site development sketch must be submitted with the application.

7.15.2.2 Recreational developments, including but not limited to, public fishing lakes, public swimming pools, and golf courses or driving ranges, provided a comprehensive plan for the area is submitted which includes the location of the site on plats of not less than a 1" = 400' scale, the location and function of all buildings and modifications of the natural landscape, the location and surface treatment of all roadways, appropriate details of drinking water or sanitary facilities, certificated by the Health Department if wells or septic tanks are involved and a time schedule setting for a development program.

7.15.2.3 Religious institutions, provided such uses are located on a lot with a minimum of 2 acres and front on a public right-of-way or a private street which connects with a public right-of-way. A ten (10) foot wide buffer area is required along any property line abutting residentially zoned property.

7.15.2.4 Borrow Pits less than or equal to 2 acres.

(Ord. of 12-8-2020, § 1(Exh. A))

The LC District is intended for the development of retail establishments, boat facilities and other commercial uses oriented to waterway use.

7.16.1 Permitted uses. Within the LC District, only the following uses are permitted.

7.16.1.1 Cafes, grill or lunch counter.

7.16.1.2 Convenience store.

7.16.1.3 Marinas, provided all general specifications of the standard building code and restrictions applied to use of Georgia Power Company lands and reservoir.

7.16.1.4 Hotel, provided at least ten (10) rooms for overnight occupancy are available.

7.16.1.5 Minor and Major Utility facilities.

7.16.1.6 Restaurant.

7.16.1.7 Restaurant, fast-food.

7.16.1.8 Restaurant, drive-in.

7.16.1.9 Retail shops for waterway oriented merchandise.

7.16.1.10 Signs, provided the requirements of Article X are met.

7.16.2 Conditional uses. Within the LC District, the uses enumerated below may be permitted with Conditional Use approval pursuant to Article XI. Conditional Use applications may be approved or denied as submitted or may be approved subject to specified conditions in addition to those described herein.

7.16.2.1 RV Campground and its accessory use provided that the site plan is approved by Greene County Health Department. Accessory uses in the campground may include a single-family dwelling for use for the on-site manager of the campground and an indoor self-service laundry for use by those camping in the campground. The density of campsites shall not exceed 10 campsites per acre. The perimeter of the campground shall contain a ten-foot vegetative buffer. A natural buffer strip is preferred. If a natural buffer strip is not available a landscaped buffer strip is required. (See Article III for definition of "Buffer Strip, Natural" and "Buffer Strip, Landscaped.")

7.16.2.2 Temporary tent camping not to exceed ten (10) consecutive calendar days during any month. All tents shall be immediately removed from the property on or before the tenth calendar day.

7.16.2.3 Accessory buildings and accessory uses provided the requirements of § 9.6 are met.

(Ord. of 12-8-2020, § 1(Exh. A))

The LP District is intended for the development of public park and recreation areas stressing the preservation of the natural beauty of the lake shoreline and surrounding area.

7.17.1 Permitted uses. The following uses are permitted in the LP District.

7.17.1.1 Forestry uses.

7.17.1.2 Passive recreation areas including picnic areas, shelters, and hiking trails.

7.17.1.3 Minor and Major Utility facilities.

7.17.1.4 Signs, incidental to and compatible with the historic, natural, archaeological or scenic area provided the requirements of Article X are met.

7.17.1.5 Temporary tent camping not to exceed ten (10) consecutive calendar days during any month. All tents shall be immediately removed from the property on or before the tenth calendar day.

(Ord. of 12-8-2020, § 1(Exh. A))

The AP District provides zoning requirements restricting the height of structures and objects of natural growth, and otherwise regulating the use of property, in the vicinity of the Greene County Regional Airport by creating the appropriate zones and establishing the boundaries thereof; providing for changes in the restrictions and boundaries of such zones; defining certain terms used herein; referring to the Greene County Regional Airport Airspace plan; providing for enforcement; establishing a board of adjustment; and imposing penalties.

This Ordinance is adopted pursuant to the authority conferred by the Rules of State Department of Transportation Chapter 672-9. It is hereby found that an obstruction has the potential for endangering the lives and property of users of the Greene County Regional Airport, and property or occupants of land in its vicinity; that an obstruction may affect existing and future instrument approach minimums of the Greene County Regional Airport; and that an obstruction may reduce the size of areas available for the landing, takeoff and maneuvering of aircraft, thus tending to destroy or impair the utility of the Greene County Regional Airport and the public investment therein. Accordingly, it is declared:

1. That the creation or establishment of an obstruction has the potential of being a public nuisance and may injure the region served by the Greene County Regional Airport;
2. That it is necessary in the interest of public health, public safety, and general welfare that the creation or establishment of obstructions that are a hazard to air navigation be prevented; and
3. That the prevention of those obstructions should be accomplished, to the extent legally possible, by the exercise of police power without compensation.

It is further declared that the prevention of the creation or establishment of hazards to air navigation, the elimination, removal, alteration or mitigation of hazards to air navigation, or marking and lighting of obstructions are public purposes for which a political subdivision may raise and expend public funds and acquire land or interests in land.

7.18.1 Purpose and intent. The purpose of this Airport Height and Hazard Zoning Ordinance is to provide both airspace protection and land use compatibility with airport operations in Greene County. This ordinance, through establishment of airport overlay zones and corresponding regulations, provides for independent review of development proposals in order to promote the public safety, health, and general welfare in Greene County as well as to ensure that the Greene County Regional Airport can function effectively. Therefore, the Board of County Commissioners of Greene County, Georgia deems it necessary to regulate uses of land located within or near the traffic patterns of airports through regulation of height of structures and objects of natural growth, and through regulation of land uses within noise impacted areas and runway protection zones (RPZ).

7.18.2 Definitions. As used in this Ordinance, unless the context otherwise requires:

Airport. Greene County Regional Airport or any public licensed airport.

Airport elevation. Mean sea level at the airport.

Approach surface. A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in Section 5 Article V of this Ordinance. The perimeter of the approach surface coincides with the perimeter of the approach zone.

Approach, transitional, horizontal, and conical zones. These zones are set forth in Section Article III of this Ordinance.

Conical surface. A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet.

Hazard to air navigation. An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

Height. For the purpose of determining the height limits in all zones set forth in this Ordinance and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.

Horizontal surface. A horizontal plane 150 feet above the established airport elevation, the perimeter of which in the airspace plan coincides with the perimeter of the horizontal zone.

Larger than utility runway. A runway that is constructed for and intended to be used by propeller-driven aircraft of greater than 12,500 pounds' maximum gross weight and jet powered aircraft.

Non-conforming use. Any pre-existing structure, object of natural growth, or use of land which is inconsistent with the provisions of this Ordinance or an amendment thereto.

Non-precision instrument runway. A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in non-precision instrument approach procedure has been approved or planned.

Obstruction. Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in Section 5 [Article V] of this Ordinance.

Person. An individual, firm, partnership, corporation, company, association, joint stock association or government entity; includes a trustee, a receiver, an assignee, or a similar representative of any of them.

Precision instrument runway. A runway having an existing instrument approach procedure utilizing an Instrument Landing System (ILS) or a Precision Approach Radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.

Primary surface. A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; the elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

Runway. A defined area on an airport prepared for landing and take-off of aircraft along its length.

Structure. An object, including a mobile object, constructed or installed by man, including but without limitation, buildings, towers, cranes, smokestacks, earth formation, and overhead transmission lines.

Transitional surface. These surfaces extend outward at 90 degrees angles to the runway centerline and the runway centerline extended at a slope of seven (7) feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at 90 degree angles to the extended runway centerline.

Tree. Any object of natural growth.

Utility runaway. A runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds' maximum gross weight or less.

Visual runway. A runway intended solely for the operation of aircraft using visual approach procedures.

7.18.3 Airport zones. In order to carry out the provisions of this Ordinance, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces, as they apply to the Greene County Regional Airport. Such zones are shown on the Airport Airspace Plan and Profile (Sheet 4 of 13) and Airport Airspace Plan (Sheet 5 of 13), prepared by WK Dickson, Conditionally Approved dated December 26, 2019. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows:

1. Utility runway visual approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 250 feet wide. The approach zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.
2. Utility runway non-precision instrument approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 2,000 feet at a horizontal distance 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.
3. Runway larger than utility visual approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 1,500 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.
4. Runway larger than utility with a visibility minimum greater than 3/4 mile non-precision instrument approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.
5. Runway larger than utility with a visibility minimum as low as 3/4 mile non-precision instrument approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 4,000 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.
6. Precision instrument runway approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.
7. Transitional zones. The transitional zones are the areas beneath the transitional surfaces.
8. Horizontal zone. The horizontal zone is established by swinging arcs of 5,000 feet radii for all runways designated utility or visual and 10,000 for all others from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.
9. Conical zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet.

7.18.4 Airport zone height limitations. Except as otherwise provided in this Ordinance, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any zone created by the Ordinance to a height in excess of the applicable height herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows:

1. Utility runway visual approach zone. Slopes twenty (20) feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.
2. Utility runway non-precision instrument approach zone. Slopes twenty (20) feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.
3. Runway larger than utility visual approach zone. Slopes twenty (20) feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.
4. Runway larger than utility with a visibility minimum greater than 3/4 mile non-precision instrument approach zone. Slopes thirty-four (34) feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline.
5. Runway larger than utility with a visibility minimum as low as 3/4 mile non-precision instrument approach zone. Slopes thirty-four (34) feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline.
6. Precision instrument runway approach zone. Slopes fifty (50) feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline; thence slopes upward forty (40) feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway centerline.
7. Transitional zones. Slope seven (7) feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation that is 35 feet above mean sea level. In addition to the foregoing, there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and the same elevation as the approach surface, and extending to where they intersect the conical surface where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and the same elevation as the approach surface, and extending a horizontal distance of 5,000 feet measured at 90 degree angles to the extended runway centerline.
8. Horizontal zone. Established at 150 feet above the airport elevation or at a height of 828 feet above mean sea level.
9. Conical zone. Slopes twenty (20) feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation or at a height of 1,028 feet above mean sea level.
10. Excepted height limitations. Nothing in this Ordinance shall be construed as prohibiting the construction or maintenance of any structure, or growth of any tree to a height up to 50 feet above the surface of the land.

7.18.5 Use restriction. Notwithstanding any other provision of this Ordinance, no use may be made of land or water within the county in such a manner as to interfere with operation of an airborne aircraft using a publicly licensed airport. The following special requirements shall apply to proposed developments:

1. No Solid Waste Disposal Sites except inert materials shall be permitted to be located as follows:
   1. Within 10,000 feet of any publicly licensed airport active runway used or planned to be used by turbine powered aircraft, or
   2. Within 5,000 feet of any publicly licensed airport active runway used only by piston type aircraft, or
   3. So that it places the active runways and/or approach and departure patterns of an airport between the solid waste disposal site and bird feeding, water or roosting areas, or
   4. Locations outside the above locations but still within the limits of any airport overlay zone(s) if determined by the FAA to pose a hazard.
2. Proposed developments which produce lights or illumination, smoke, glare or other visual hazards, or produce electronic interference with airport airplane navigation signals are subject to the standards specified in the FAA Procedures Manual 7400-2C as may be applied and enforced by the state and/or federal governments.

7.18.6 Nonconforming uses.

7.18.6.1 The requirements prescribed by this Ordinance shall not be construed to necessitate the removal, lowering, alteration or other changes of any existing structure or tree not conforming to the requirements as of the effective date of this Ordinance. Nothing in this Ordinance shall be construed to require the sound conditioning or other changes or alteration of any preexisting structure not conforming to requirements of this Ordinance as of its effective date or to otherwise interfere with the continuance of any such preexisting nonconforming use.

7.18.6.2 Nothing herein contained shall require any change in the construction or alteration that was begun prior to the effective date of this Ordinance, and is diligently pursued and completed within one (1) year thereof.

7.18.6.3 Before any nonconforming structure or tree may be replaced, substantially altered or repaired, rebuilt or allowed to grow higher or to be replanted, a permit must be secured from the County Planning and Zoning Administrator.

7.18.6.4 No permit shall be granted that would allow the establishment or creation of an obstruction hazardous to aircraft operations or permit a nonconforming structure or tree or nonconforming use to be made or become higher or become a greater obstruction to air navigation than it was as of the effective date of this regulation.

7.18.6.5 Whenever the County Planning and Zoning Administrator determines that a nonconforming use or nonconforming structure or tree has been abandoned or that the cost of repair, reconstruction or restoration exceeds the value of the structure or tree, no permit shall be granted that would allow said structure or tree to be repaired, reconstructed, restored or replanted except by a conforming structure or tree.

7.18.6.6 The cost of removing or lowering any tree not conforming to the requirements of this Ordinance shall be borne by the proprietor of the airport affected by the nonconforming tree.

7.18.7 Permits.

7.18.7.1 Future uses. No material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone hereby created unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure, or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this Ordinance shall be granted unless a variance has been approved.

7.18.7.2 Existing uses. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure, or tree to become a greater hazard to air navigation, than it was on the effective date of this Ordinance or any amendments thereto or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.

7.18.8 Procedures for obtaining an airport obstruction variance.

7.18.8.1 Applicants shall submit to the County Planning and Zoning Administrator a completed Airport Construction Variance application form, as provided by the county. Variance requests shall be considered by the Planning and Zoning Board. The request may be approved, approved with conditions, or denied.

7.18.8.2 Prior to variance requests being scheduled for consideration by the Planning and Zoning Board, the applicant shall submit to the County Planning and Zoning Administrator the following:

1. A copy of the notice of proposed construction form submitted to the FAA;
2. A final Determination issued by the FAA based on its review of the applicant's Notice of Proposed Construction submitted in accordance with 14 CFR Part 77;
3. A valid aeronautical evaluation (may consist of the evaluation performed by the FAA);
4. Comments from the GA DOT or evidence that the GA DOT has made no comments during its required 45-day comment time frame. Said evidence shall include a return receipt showing that the GA DOT comment time frame has been exceeded.

7.18.9 Criteria for granting an airport obstruction variance. Where the FAA has reviewed the proposed development and determined its construction would exceed an Obstruction Standard of 14 CFR Part 77, the county may grant an Airport Obstruction Variance for a proposed development. Such a variance may be granted if the county determines that a literal enforcement of the regulations would result in practical difficulty or unnecessary hardship and where the relief granted would not be contrary to the public interest (i.e. the development can be accommodated in navigable airspace without adverse impact to the county's public use airports or aviation operations), and provided that a condition is attached to the variance approval to require that the approved structure(s) is marked and lighted to indicate to aircraft pilots the presence of an obstruction in accordance with the standards of FAA Advisory Circular Number 70/7460-1G., as it may be amended. Where such marking or lighting is required, such requirement shall be satisfied prior to the issuance of a Certificate of Occupancy (C.O.) for the affected structure and the FAA determines the aeronautical evaluations submitted are valid. Consideration is given to:

1. The nature of the terrain and height of existing structures.
2. Public and private interests and investments.
3. The character of flying operations and planned development of airports.
4. FAA designated federal airways.
5. Whether construction of the proposed structure would cause an increase in the minimum descent altitude or the decision height at the affected airport.
6. Technological advances.
7. The safety of persons on the ground and in the air.
8. Land use density.
9. The safe and efficient use of navigable airspace.
10. The cumulative effects on navigable airspace of all existing structures, proposed structures identified in the applicable jurisdictions comprehensive plans, and all other known proposed structures in the area.
11. FAA determinations and results of aeronautical studies conducted by or for the FAA.
12. GA DOT comments and recommendations, including GA DOT findings relating to FS 333.025(1) standards and guidelines.
13. Comments and recommendations from local airport authorities.
14. Other testimony and findings of aviation operations and safety experts.

7.18.10 Enforcement. It shall be the duty of the County Manager to administer and enforce the regulations prescribed herein. Application for permits and variances shall be made to the County Zoning Administrator upon a form published for that purpose. Applications required by this Ordinance to be submitted to the County Zoning Administrator shall be promptly considered and granted or denied. Application for action by the Board of County Commissioners shall be forthwith transmitted by the County Zoning Administrator.

7.18.11 Appeals.

1. Any person aggrieved, or any taxpayer affected, by any decision of the County Planning and Zoning Board, made in the administration of the Ordinance, may appeal to the Board of County Commissioners.
2. All appeals hereunder must be taken within a reasonable time, by filing with the County Manager a notice of appeal specifying the grounds thereof. The County Manager shall forthwith transmit to the Board of County Commissioners all the papers constituting the record upon which the action appealed from was taken.
3. An appeal shall stay all proceedings in furtherance of the action appealed from unless the County Manager certifies to the Board of County Commissioners, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would in the opinion of the County Manager cause imminent peril to life or property. In such case, proceedings shall not be stayed except by order of the Board of County Commissioners or notice to the County Manager and on due cause shown.
4. The Board of Commissioners shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.
5. The Board of County Commissioners may, in conformity with the provisions of this Ordinance, reverse or affirm, in whole or in part, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as may be appropriate under the circumstances.

7.18.12 Judicial review. Any person aggrieved, or any taxpayer affected, by any decision of the Board of County Commissioners, may appeal to the Superior Court as provided by law.

7.18.13 Penalties. Each violation of this Ordinance or of any regulation, order, or ruling promulgated hereunder shall constitute a misdemeanor and be punishable by a fine of not more than five hundred ($500.00) dollars or imprisonment for not more than 180 days or both; and each day a violation continues to exist shall constitute a separate offense.

7.18.14 Conflicting regulations. Where there exists a conflict between any of the requirements or limitations prescribed in this Ordinance and any other requirements, regulations or zoning applicable to the same area, whether the conflict be with respect to the height of structures or trees; the use of land; or any other matter, the more stringent limitation or requirement shall govern and prevail. The variance to or waiver of any such more stringent limitation or requirement shall not constitute automatic variance or waiver of the less stringent limitations or requirements of this Ordinance.

7.18.15 Severability. If any of the provisions of this Ordinance or the application thereof to any person or circumstances are held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are declared to be severable.

(Ord. of 12-8-2020, § 1(Exh. A))

7.19.1 Purpose. The purpose of this zone is to designate areas in the community where rental of residential units on an overnight or short term basis have otherwise previously been generally prohibited but may be desirable and in the best interests of the residential community, and to aid the development of housing in those areas. Nothing in this Article is intended to regulate the amount of rent that may be charged by a property owner.

7.19.2 Applicability.

7.19.2.1 The provisions of this section 7.19 apply in the unincorporated portions of Greene County, Georgia in which a STRO District has been established in accordance with 7.19.3.

7.19.2.2 All requirements, regulations and standards imposed by this section apply in addition to any other applicable requirements, regulations and standards imposed elsewhere in this Code.

7.19.2.3 The restrictions and obligations contained in this section shall apply to short term rentals at all times during which such units are marketed and used as short term rentals.

7.19.2.4 The allowance of short term rentals pursuant to this section shall not prevent enforcement by an outside entity of additional restrictions that may be contained in restrictive covenants or other private contractual agreements or arrangements.

7.19.3 Short-term rental overlay district requirements.

7.19.3.1 It shall be unlawful for any owner of any property within the unincorporated areas of Greene County to rent or operate a short-term rental of residential property contrary to the procedures and regulations established in this section, other provisions of the Greene County Code of Ordinances ("Code"), or any applicable state law.

7.19.3.2 Short-term rentals shall only be allowed in residential communities wherein a Short-Term Rental Overlay District has been established by the County in accordance with the process for map amendments contained in this Code, including pursuant to an application by the Planning and Zoning Commission, the Board of Commissioners, a property owner, or the authorized agent of a property owner. Where the interest of the public health, safety or welfare is promoted, the Board of Commissioners may waive an application requirement otherwise required for the adoption of a Short-Term Rental Overlay District.

In addition to the process for a zoning map amendment, as provided by Article XIII, Sections and 13.3 of this Chapter, an application for the establishment of a STRO district submitted by an individual(s) shall include a list of each and every owner of real property, as reflected on the County's property tax records, or in the case of property that has been transferred since the last property tax return, the owner as reflected on a deed provided by the applicant evidencing such transfer from the owner as reflected on the County's property tax records, in the residential community indicating their support for the STRO District. Such list shall include contact information for each owner to include phone number, email address, street address of the lot in the residential community, mailing address, and signature of each owner indicating support of the application. The list of property owners submitted pursuant to the application requirements shall reflect the support of owners of at least 60% of the legal parcels in the residential community as reflected on the County's property tax records. Notwithstanding the indication of support by other property owners, or lack thereof, the final decision with respect to the imposition of a Short-Term Rental Overlay District shall be made by the Board of Commissioners in compliance with the procedures and standards set forth in Article XIII of this Chapter.

7.19.3.2.1 A developer of a residential community may apply for a STRO District for areas designated within the residential community provided that the developer is actively developing the residential community, and continues to own developable property in, or adjoining the residential community. Such an application shall clearly designate the area to which the STRO shall apply.

7.19.3.2.2 If granted, a STRO District shall be approved for a period of five years after final approval by the County and may be terminated or renewed after a public hearing following the same procedure required for the initial designation.

7.19.3.3 Notwithstanding the provisions of section 7.19.3.2, any dwelling that has been rented for periods of not less than one night and not more than thirty (30) consecutive nights during the 12-month period beginning September 1, 2016 and ending August 31, 2017, provided that the owner of such dwelling registered the physical address of the short term rental with the County for the remittance of hotel/motel occupancy tax and paid all hotel/motel occupancy tax due to the County prior to the passage of this Ordinance for the specified 12-month period, shall be deemed a lawful non-conforming use that may continue to exist in perpetuity as a short-term rental. Such dwellings shall be subject to all of the procedures and regulations of this section 7.19 as if the use were an allowed use under the section. Notwithstanding the foregoing, a short-term rental dwelling's non-conforming status shall expire upon the conveyance of that dwelling to an unrelated third party.

7.19.3.4 Notwithstanding anything in this Section 7.19 to the contrary, during the period of April 1 through April 15 of the calendar year ("April Window"), short-term rentals as defined herein shall be allowed to occur in any district without the necessity of first obtaining a short term rental business license. Such short-term rentals during the April Window shall comply with the requirements of Sections 7.19.10, 7.19.11, 7.19.12, 7.19.13 and 7.19.14 other than any requirements directly associated with obtaining and maintaining a short-term rental business license. During the April Window property owners shall be subject to penalties for all violations other than for failure to maintain a short-term rental business license or any requirements directly associated with obtaining and maintaining a short-term rental business license.

7.19.4 Definitions. For purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them by this section, except where the context clearly indicates a different meaning:

7.19.4.1 Code compliance verification form means a document executed by a short term rental owner, operator, managing agency or managing agent certifying that the short term rental unit complies with applicable zoning, building, health and life safety code provisions. No person shall allow occupancy or possession of any short term rental unit if the premises or owner thereof is in violation of any applicable zoning, building, health or life safety code provisions.

7.19.4.2 Local contact person means a local property manager, owner or any managing agency or managing agent of the owner authorized by an owner of a short term rental to take remedial action and respond to any notice of violation of this section, who resides in the County or no more than sixty (60) miles from the short term rental.

7.19.4.3 Managing agency or agent means a person, firm or agency representing an owner or owners of a short term rental or short term rentals, or a person, firm or agency owning a short term rental.

7.19.4.4 Noise Regulations means those regulations contained in the Code of Greene County, Georgia, Part II, Chapter 20, Article III.

7.19.4.5 Operator means a person who is a proprietor of a short term rental, whether in the capacity of owner, developer, managing agency, managing agent, lessee, sub-lessee, mortgagee in possession, licensee or any other capacity. Where the operator performs his or her functions through a managing agent of any type or character, other than an employee, or where the operator performs his or her functions through a rental agent, the managing agent or the rental agent shall have the same duties as his or her principal.

7.19.4.6 Owner means a person or entity that holds legal and/or equitable title to private property.

7.19.4.7 Private means intended for or restricted to the occupants and/or guests of his or her short-term rental; not for public use.

7.19.4.8 Short-term means a period of thirty (30) days or less.

7.19.4.9 Short-term rental means one or more dwelling units, including either a single-family home, duplex or single multi-family residential unit rented for the purpose of overnight lodging for a period of not less than one night and not more than thirty (30) consecutive nights.

7.19.4.10 Residential community means a list of residential communities maintained by the County Zoning Administrator.

7.19.5 Short-term rental business license requirements. No owner or operator of a short term rental shall rent that unit without first applying for and receiving a business license in accordance with Chapter 12 (Business Licensing and Regulations) of the Code of Greene County, Georgia. A separate business license shall be required for each short-term rental unit (except where an operator manages multiple short-term rentals in a residential community or multiple residential communities and applies for a business license for a single business license for such short-term rental units). The licensing requirements of this section are in addition to any hotel/motel tax registration or any other permit or licensing requirements. However, at the discretion of the Zoning Administrator, the processing of such license required under this section may be combined with the processing of hotel/motel tax registration or any other related permit or license process administered by the County. The Zoning Administrator is authorized to prescribe forms and procedures for the processing of licenses under this section.

7.19.6 Agency. An owner may retain a managing agency, managing agent, operator, representative or local contact person to comply with the requirements of this section, including, without limitation, the licensing of the short-term rental, the management of the short-term rental and the compliance with the conditions of the license. The owner of the short-term rental is responsible for compliance with the provisions of this section and the failure of an agent, representative, or local contact person to comply with this section shall be deemed noncompliance by the owner.

7.19.7 Application for short-term rental business license. An application for a short term rental business license shall be filed with the County Clerk prior to use of the property as a short-term rental. Applications shall be on the forms provided by the County which shall include all the required information listed in Section 12-7 (Applications) of the Code of Greene County, Georgia. Additionally, in accordance with Code Sec. 12-7(a)(2)(i), application for a short term rental business license must contain, at a minimum, the following information:

7.19.7.1 The name, address telephone number, and email address of the owner or operator of the short term rental for which the registration is being issued;

7.19.7.2 The name, address, telephone number, and email address of the agent, representative or local contact person for the owner of the short term rental;

7.19.7.3 The number of bedrooms and approximate square footage in the short term rental, and the maximum number of overnight occupants;

7.19.7.4 An executed Code compliance verification form acknowledging that all designated bedrooms meet all local building and safety code requirements;

7.19.7.5 A diagram and/or photograph of the premises showing and indicating the number and location of designated on-site parking spaces and the maximum number of vehicles allowed for overnight occupants. Landscaped areas of any kind shall not be counted as parking spaces;

7.19.7.6 Evidence of a valid hotel/motel occupancy tax registration certificate issued by the County for the short-term rental. Application for such registration may be filed concurrently with the application for registration under this chapter;

7.19.7.7 Evidence of a valid sales tax certification number issued by the Georgia Department of Revenue for collection and remittance of sales tax;

7.19.7.8 Acknowledgment that the owner, agent and local contact person have read all regulations pertaining to the operation of a short-term rental;

7.19.7.9 Certification of the accuracy of the information submitted, and agreement to comply with all conditions of the registration; and

7.19.7.10 Acknowledgement that the owner, agent, or local contact person has or will post, at the short-term rental, the notice required in Section 7.19.10.

7.19.8 Application fee. An application for a short term rental business license shall be accompanied by an initial fee in accordance with Section 12-3 (Determination of Occupation Tax) of the Code of Greene County, Georgia.

7.19.9 License conditions.

7.19.9.1 All business licenses issued pursuant to this chapter are subject to the following standard conditions:

1. The owner or operator shall, by written agreement with the occupants, limit overnight occupancy of the short-term rental to the specific number of occupants designated in the business license application, with the number of overnight occupants not to exceed two persons per bedroom meeting building code and life-safety code requirements, plus two additional persons per residence. A bedroom is a room that is designed to be, or meets the building code requirements to be, used as a sleeping room and for no other primary purpose. Every bedroom shall have an emergency escape or rescue exit and a minimum ceiling height as follows:
   1. Each bedroom shall have at least one operable window or door for emergency escape or rescue that opens directly to the exterior of the unit. The emergency door or window shall be operable from the inside to provide a full, clear opening without the use of separate tools. Escape or rescue windows shall have a minimum net clear openable area of 5.7 square feet. The minimum net clear openable height dimension shall be 24 inches. The minimum net clear openable width dimension shall be 20 inches. When windows are provided as a means of escape or rescue, they shall have a finished sill height not more than 44 inches above the floor;
   2. Bedrooms shall have a ceiling height of not less than eight feet, except as provided in this section. If any room has a sloping ceiling, the prescribed ceiling height for the room is required in only one-half of the area thereof;
2. The owner or operator shall, by written agreement with the occupants, limit the number of vehicles of overnight occupants to the number designated in the business license application; with the number of vehicles of overnight occupants not to exceed the number of designated on-site parking spaces of the short term rental property;
3. The owner shall use best efforts to ensure that the occupants and/or guests of the short-term rental do not violate Noise Regulations by notifying the occupants of the rules regarding short term rentals and responding when notified that occupants are violating laws regarding their occupancy. It is not intended that the owner, local contact person, managing agency or agent, or operator act as a peace officer or place himself or herself in harm's way;
4. The owner shall, by written agreement, limit the daytime visitors at any time in a vacation home rental to no more than six (6) persons in addition to the maximum overnight occupancy designated in the business license application;
5. The owner or operator of the short term rental shall post a copy of the business license and a copy of the conditions set forth in this section in a conspicuous place within the short-term rental;
6. No business license issued under this section shall be transferred or assigned or used by any person other than the owner or operator to whom it is issued, or at any location other than the one for which it is issued; and
7. All business licenses issued under this section shall be valid for no more than one year, beginning on the date of issuance and expiring on December 31st of that year.

7.19.10 Sign and notification requirements. Each short-term rental shall have a clearly visible and legible notice conspicuously posted within the unit on or adjacent to the front door, containing the following information:

7.19.10.1 The name of the managing agency, operator, agent, property manager, local contact person or owner of the unit, and a telephone number at which that party may be reached on a 24-hour basis;

7.19.10.2 The maximum number of overnight occupants permitted to stay in the unit;

7.19.10.3 The maximum number of vehicles allowed to be parked on the property including a sketch of the location of the on-site parking spaces;

7.19.10.4 The maximum number of daytime visitors allowed in addition to the overnight occupants;

7.19.10.5 The trash pickup day and notification that trash and refuse shall not be left or stored on the exterior of the property unless it is placed in a curbside container, and that the curbside container shall not be placed sooner than 24 hours prior to the pickup day, and must be removed no later than 24 hours after pickup (if owner or operator provides daily trash removal then this notice is not necessary);

7.19.10.6 Notification that an occupant may be cited and fined for creating a disturbance or for violating this section or other provisions of the County Code;

7.19.10.7 Notification that failure to conform to the parking and occupancy requirements of the structure is a violation of this section; and

7.19.10.8 A statement advising the occupant that any failure to conform to the Noise Regulations is a violation of this section.

7.19.11 Parking. Short-term rentals shall comply with all applicable County Code sections regarding parking. Owner or operator shall provide sufficient parking for guests such that all parking is accomplished on the property site. No parking to accommodate renters or invitees of short-term rentals is permitted on the County right-of-way or along any roadways at any time.

7.19.12 Noise. All short-term rentals shall comply with the Noise Regulations.

7.19.13 Local contact person.

7.19.13.1 Each owner or operator of a short-term rental shall designate a local contact person who has access and authority to assume management of the unit and take remedial measures. An owner or operator of a short term rental who resides in Greene County or within 60 miles of the short-term rental may designate himself or herself as the local contact person. The local contact person shall be required to respond to the location of the short term rental within one hour after being notified by the Sheriff or County Code Enforcement of the existence of a violation of this chapter or any other provision of this Code, or any disturbance requiring immediate remedy or abatement.

7.19.13.2 The owner or operator must immediately notify the Zoning Administrator in writing upon a change of local contact person or the local contact person's telephone number. This notification will be on forms prescribed by the Zoning Administrator. The new, revised business license will not extend the expiration date of the business license, and will be issued for a fee of $25.00, and must be posted within ten (10) days of any change of local contact person information.

7.19.14 Other requirements. All short-term rentals shall comply with the following:

7.19.14.1 An interconnected and hard-wired smoke detection and notification system is required and must be operable and in good working order at all times.

7.19.14.2 Any advertising of the short-term rental unit shall conform to information included in the short-term rental business license and requirements of this section, and shall include notification of the maximum occupancy, maximum number of vehicles allowed, and provisions regulating noise.

7.19.14.3 Compliance with these standards shall be in addition to compliance with all other provisions of this Code relating to nuisance, peace and safety.

7.19.14.4 In addition to any requirements of this Section 7.19, any structure being operated as a short-term rental, except those authorized under subsection 7.19.3.3, with a capacity for more than ten (10) overnight guests at a time shall be required to meet all local, state and federal access and life safety codes, rules and regulations that are otherwise applicable to hotels as defined in such codes, rules and regulations. In the event there is a conflict between the requirements of this Section 7.19.14.4 and such other codes rules or regulations, the requirement that is more protective of the public health, safety and welfare shall prevail.

7.19.15 Violation and penalties.

7.19.15.1 The requirements of this Section 7.19 shall become effective upon adoption, except that the requirement in subsection 7.19.3.2 requiring short-term rentals to only exist in a Short-Term Rental Overlay District shall not be enforceable until September 1, 2018. Violations shall be managed on each individual short-term rental, and any resulting penalties shall only be assessed against such short-term rental. The following conduct shall constitute a violation for which the penalties specified in subsection 7.19.15.2 of this section may be imposed, or the business license suspended or revoked:

1. The owner or operator has violated any of the provisions of this chapter; or
2. The owner or operator has failed to collect and remit to the County the hotel/motel occupancy tax as required by Article III of County Code.

7.19.15.2 The penalties for violations specified in Subsection 7.19.15.1 shall be as follows:

1. For the first violation within any 12-month period, the penalty shall be a warning notice of violation;
2. For a second violation within any 12-month period, the penalty shall be a fine not to exceed $250.00;
3. For a third violation within any 12-month period, the penalty shall be a fine not to exceed $1,000.00 and/or suspension of the business license (or suspension of the violating short-term rental from the applicable business license) for a period not to exceed six months; if the period of suspension runs beyond December 31st, the owner or operator shall not be eligible to apply for renewal of the business license (or reinstatement of the violating short-term rental under the business license) until expiration of the full suspension period; and
4. For a fourth violation within any 12-month period, the business license may be revoked (or removal of the violating short-term rental from the applicable business license) in accordance with the provisions of subsection 7.19.16 below. An owner or operator shall not be eligible to reapply for a business license (or reinstatement of the violating short-term rental under the business license) for a period of 12 months from the date of revocation.

7.19.15.3 A short-term rental that is determined to be operating without the necessary business license required under this section shall subject the owner to a penalty of $1,000.00. Each day the unit is marketed or rented for overnight accommodation shall constitute a separate violation.

7.19.16 Procedure for imposition of penalties/suspension/revocation. Penalties, including a notice of violation, shall be imposed, and business licenses shall be revoked (or suspension or removal of a short-term rental from the applicable business license), only in the manner provided in this subsection.

7.19.16.1 Initial violations shall result in a notice of violation being directed to the owner or operator, the local person and property manager/agent designated in the business license application as the local contact person. The local contact person shall be responsible for contacting the occupant to correct the problem within sixty (60) minutes. This local contact person is required to visit the property to confirm compliance with this chapter, unless compliance can reasonably be confirmed without visiting the property.

7.19.16.2 If non-compliance with provisions of this section reoccur, the Zoning Administrator or designee shall conduct an investigation whenever there is reason to believe that an owner or operator has failed to comply with the provisions of this section. The investigation may include an inspection of the premises, review of law enforcement/security reports, online searches, citations, or neighbor documentation consisting of photos, sound recordings and video all of which may constitute evidence of a violation. Should the investigation support a finding that a violation occurred, the Zoning Administrator or designee shall issue written notice of the violation and intention to impose a penalty and/or suspend or revoke the business license (or suspend or remove a short-term rental from the applicable business license). The written notice may be served either by first class mail, by commercial overnight delivery, by personal service on the owner and operator or agent, or by any other reasonable means of delivery, including email, and shall specify the facts which, in the opinion of the Zoning Administrator, constitute grounds for imposition of the penalties and/or suspension or revocation, and specify that the penalties will be imposed and/or that the business license will be suspended or revoked (or suspension or removal of a short-term rental from the applicable business license) fifteen (15) calendar days from the date of the notice unless the owner and/or operator files with the Zoning Administrator a request for an appeal hearing before the Board of Commissioners in accordance with section 15.7 of the Zoning Ordinance of Greene County, Georgia. In considering such appeal, the Board of Commissioners shall determine whether the Zoning Administrator has erred in his/her interpretation and/or enforcement of this section.

7.19.16.3 Except as otherwise provided in this section, violation of this section will be enforced in accordance with sections 15.6 and 15.7 of the Zoning Ordinance of Greene County, Georgia.

7.19.17 Business license and fees not exclusive. The business license and fees required by this section shall be in addition to any license, permit or fee required under any other provision of this Code, or other local or state law. The issuance of any business license pursuant to this section shall not relieve the owner of the obligation to comply with all other provisions of this Code pertaining to the use and occupancy of the short term rental or the property on which it is located.

7.19.18 Penalty. In addition to the penalties described above, any person violating the provisions of this section by operating a short-term rental without a valid business license may be prosecuted according to the general penalties described in Chapter 1, Section 1-8 of this Code.

7.19.19 Enforcement. The Zoning Administrator or his or her designee is hereby authorized and directed to establish such procedures as may from time to time be required to carry out the purpose and intent of this section. Greene County Code Enforcement Officers, as well as the Sheriff of Greene County or his or her designee shall also have authority to enforce this section.

7.19.20 Violations by occupants of short-term rentals. Any violation of the provisions of this section shall be enforced pursuant to this section; Chapter 1, Section 1-8; Chapter 20; and any other applicable Code sections. Enforcement actions may be brought against occupants of a short-term rental for violations of this section and any other provision of this Code notwithstanding that this section may also make the owner or operator of the short-term rental responsible for the conduct constituting the violation.

(Ord. of 12-8-2020, § 1(Exh. A))