Home occupation, residential business and rural business as defined in section 68-201 shall be subject to the following:

(a)

Home occupation. Failure to meet one or more of these regulations at any time shall be unlawful and grounds for immediate revocation of a business registration.

(1)

General provisions:

a.

Home occupations may be established in a dwelling.

b.

No use or activity shall commence as a home occupation within unincorporated Habersham County without first securing approval from the county.

c.

No use or activity shall commence as a home occupation without first registering said home occupation with the business license division of the planning and development department.

d.

Only occupants of the dwelling shall be authorized to work on the premises in connection with a home occupation.

e.

There shall be no signs identifying the home business use.

f.

There shall be no employees on the premises.

(2)

Uses and activities prohibited: The following businesses, uses and activities shall be prohibited as a home occupation:

a.

Kennels;

b.

Stables;

c.

Veterinarian clinics;

d.

Medical and dental clinics;

e.

Restaurants;

f.

Clubs and drinking establishments;

g.

Motor vehicle repair;

h.

Small engine repair;

i.

Barber shops and beauty shops;

j.

Funeral parlors;

k.

Retail sales of goods not made on the premises;

l.

Adult uses.

This section shall not be considered inclusive of all the types of businesses, uses and activities prohibited by this article.

(3)

Use of dwelling and physical limitations: All activities in connection with the home occupation shall take place within the principal building on the lot. The gross floor area of a dwelling unit devoted to each home occupation shall not exceed 1,000 square feet or 25 percent of the gross floor area of the dwelling, whichever is less. No internal or external alterations inconsistent with the residential use of the building may be permitted.

(4)

Vehicles and parking: It shall be unlawful to routinely park any marked business vehicles on the street or in driveways in public view in connection with the home occupation. Only vehicles used primarily as passenger vehicles shall be visible in connection with the conduct of the home occupation. No more than one commercial vehicle, not exceeding one-ton capacity and two axles, may be stored on the premises and it must be parked inside an enclosed garage or otherwise completely concealed from view when not in use. Incoming vehicles related to the home occupation shall at all times be parked off-street within the confines of the residential driveway or other on-site permitted parking.

(5)

Equipment; nuisances: No mechanical equipment shall be installed specifically for use as a home occupation or used except such as is normally used for domestic purposes. No home occupation shall generate traffic, sound, smell, vibration, light or dust that is offensive or that creates a nuisance. No equipment that interferes with radio and/or television reception shall be allowed. Home occupation must exclude the use of machinery or equipment that emits sound (e.g., saws, drills, etc.) that are detectable beyond the property. Chemical, electrical or mechanical equipment that is not normally a part of domestic or household equipment and which is used primarily for commercial purposes shall not be permitted.

(6)

Visitations: No clients or patrons are allowed on the premises in conjunction with a home occupation except for persons in care at a family day care home where no more than six clients are allowed. Instruction in music, dance, arts and crafts and similar subjects shall be limited to one student at a time. In no event shall visitations or any other vehicle trip associated with said home occupation be permitted between the hours of 9:00 p.m. and 6:00 a.m.

(7)

Display and stock-in-trade: There shall be no display and no visible stock-in-trade on the premises in connection with a home occupation. Storage devoted to a home occupation shall be limited in size to no more than 50 percent of area allowed and shall be counted as part of the total size limits established by this section for a home occupation.

(b)

Residential businesses.

(1)

Any accessory areas involving more than 100 square feet of unenclosed (open air) storage materials or any automobile parking and/or vehicle loading/unloading areas containing/designed for six or more vehicles or an aggregate area of 1,000 square feet or more shall be screened from adjacent properties in a residential or agricultural district, according to the definition of screening as provided in these regulations.

(2)

The minimum lot size shall be one acre for a residential business.

(3)

A residential business use shall not exceed 1,500 square feet per acre of administrative/office space nor 3,000 square feet total for offices/professional services establishments and shall not exceed 1,000 gross square feet per acre of retail or service space nor 2,000 feet total for retail/service establishments.

(4)

Residential businesses shall not be operated between the hours of 11:00 p.m. and 6:00 a.m.

(5)

No more than two residential businesses shall be operated on any one property.

(6)

A business license, if required by the county, shall be obtained prior to the commencement of operations.

(7)

Only one sign not to exceed eight square feet in area provided, however, that residential businesses located on properties fronting a state route may have one sign not to exceed 16 square feet in area and provided further that such uses located on properties fronting on any divided highway may have one sign not to exceed 32 square feet in area.

(Ord. of 12-21-2020)

It is the intent of this section to regulate the installation, configuration, and use of accessory structures. Regulation is necessary in order to ensure that accessory structures are compatible with the surrounding area and are consistent with the character and intent of the land use district in which the accessory structures are located. Accessory buildings and uses shall be permitted only in side or rear yard setbacks, except as allowed in subsection 68-802(g) below. Accessory buildings and uses shall be permitted only if they meet the following:

(a)

Only one principal building and its customary accessory buildings may hereafter be erected on any one lot, regardless of the land use intensity district.

(b)

Permissible accessory uses and structures are identified in section 68-306.

(c)

Accessory structures shall be on the same lot and subordinate to the principal use or structure.

(d)

No accessory building shall be erected on a lot prior to the time of construction of the principal building to which it is accessory.

(e)

Accessory buildings shall be set back a minimum of five feet from side and rear property lines except as allowed in subsection 68-802(g).

(f)

Where any accessory building is structurally attached to a principal building, it shall become subject to and must conform to all regulations applicable to the principal building.

(g)

Accessory buildings shall meet all front yard requirements and, in the case of multiple frontage lots, accessory buildings shall observe front yard requirements on all streets.

(h)

No accessory building shall exceed the dimensional characteristics of the principal structure.

(i)

Accessory structures, other than fences located in compliance with the requirements of article X, shall not be located within any required buffer or landscaping area, parking lot, protected resource area, easement, or stormwater management area;

(j)

In no instance shall an accessory building exceed the gross ground floor area of the principal building. Accessory structures may be allowed in the front yard, as defined in section 68-201, subject to the following:

(1)

The accessory structure meets the setback requirements for a principle structure in that land district.

(2)

Entry to the principle structure does not face the street or road.

(3)

The front yard is the only location available to meet required setbacks.

(4)

The structure must be aesthetically similar in material and appearance to the principle structure.

(k)

A pit privy, as defined in section 68-201 and not to be confused with a porta-potty, is only allowed as an accessory structure within the agriculture (AG) or low intensity (LI) land use district. Furthermore, a pit privy must have a minimum of 25 contiguous acres and shall be located a minimum of 200 feet from any property line.

(Ord. of 12-21-2020)

(a)

Temporary dwelling when house is under construction. A mobile/manufactured home or recreational vehicle may be occupied on a temporary basis in cases where a permit has been issued for a permanent residence on the same property as the permanent residence, provided the following are met:

(1)

A permit is obtained from the administrative officer. Said permit shall be valid for a period of only one year but renewable once not to exceed six months.

(2)

Suitable provisions are made for water, sanitary sewerage or septic tank and utilities to the satisfaction of both the administrative officer and the Habersham County Health Department

(b)

Temporary offices used during construction. Temporary structures may be located on a construction site to be used for administrative functions during construction. The temporary structure shall be removed within 30 days of completion of the construction site for which they are permitted.

(Ord. of 12-21-2020)

Model homes are permissible only in conjunction with a new residential development during the period of construction of site improvements and new homes, subject to the following standards:

(a)

Model homes may be erected or displayed in districts that include residential uses, provided that such models shall not be used for residential purposes but only for display as a means to sell homes;

(b)

A model home shall be located on a platted lot meeting all standards of this chapter;

(c)

A model home shall be located to meet all site design standards of this chapter, except for the modifications specifically enumerated herein;

(d)

A model home may include a sales office. Hours of sales operations shall not extend beyond 8:00 p.m.;

(e)

One off-street parking space shall be provided for each employee plus one off-street parking space per model home. These spaces shall be provided on the same lot as the model dwelling unit or on a contiguous lot within the specific project;

(f)

The model home shall be discontinued as a model unit and sales office when 90 percent of the lots or homes in the residential development have been sold. The model home site shall be redesigned to comply with all site design requirements applicable to the residential development. Such redesign includes, at a minimum, removal of parking in excess of that associated with a single-family home; removal of any signs and removal of any exterior lighting associated with the model home and sales office.

(Ord. of 12-21-2020)

(a)

Roadside vendors selling agricultural products or firewood are permissible in accordance with the standards of this section.

(b)

The applicant shall have written permission of the property owner to conduct sales.

(c)

The applicant shall possess a valid occupational license.

(d)

Roadside vendors shall not be located within:

(1)

The public right-of-way;

(2)

Any required buffer area;

(3)

Any driveway or access way or in such a manner as to block a driveway or access way; or

(4)

Any designated fire lane or in such a manner as to block a fire lane.

(Ord. of 12-21-2020)

Portable outdoor storage containers shall be allowed all land use districts on a lot, parcel or tract of land for a period of time not to exceed 30 days.

(Ord. of 12-21-2020)