A.

Intent of district: It is intended that the RD zoning district be reserved and developed for low-density residential purposes where agriculture-type conditional uses would be expected. The regulations which apply to this district are designed to encourage the formation and continuance of a stable, healthy environment for one-family dwellings situated on zoning lots having an area of five acres or more with provisions for on-site sewage disposal and limited agricultural activities. These regulations are also intended to discourage encroachment by commercial, industrial or other uses capable of adversely affecting the intended residential character of the district.

B.

Permitted uses: The following uses shall be permitted in an RD zoning district:

1.

As specified in Table 5.8: Permitted Uses.

2.

Single-family detached dwellings.

3.

Publicly owned building, facility or land.

4.

Building, facility or land for the distribution of utility services.

5.

Building, facility or land for non-commercial park, recreation, thoroughfare, or open space purposes.

6.

Accessory uses: See section 7.4.

7.

Customary home occupation: See section 7.6.

C.

Special uses: As outlined in section 15.16 and unless otherwise prohibited in this Ordinance, the following uses may be permitted in any RD zoning district as a special use upon the issuance of a special use permit by the City:

1.

Pet Grooming provided that:

a.

No building shall be located within 100 feet of any property line; except when it abuts an RD zoning lot, it may be no closer than 50 feet.

b.

No automobile parking will be permitted within 50 feet of any property line.

2.

Commercial Kennel provided that:

a.

No facility used for animals shall be located within 100 feet of any property line.

b.

The requirements of section 15.16.D.3 of this Ordinance are met. Specifically, that a noise nuisance is not created that would affect surrounding properties.

3.

Bed and Breakfast provided that:

a.

Rooms for rent are within a single family dwelling occupied by the owner as his/her principle residence.

b.

The same rental occupants shall not reside at the bed and breakfast for more than seven (7) consecutive days.

c.

Breakfast is the only meal served and only to registered overnight guests.

d.

The exterior appearance of the dwelling is not altered from its residential character except for safety purposes.

e.

No automobile parking will be permitted within 50 feet of any property line.

4.

Cemetery on the following conditions:

a.

The zoning lot is not less than ten acres in area.

b.

There is no crematorium or dwelling, other than a one-family dwelling for a caretaker, on the lot.

c.

The lot has direct access onto an arterial road.

d.

No building is constructed less than 100 feet from any property line.

e.

All gravesites shall be at least 50 feet from any property line.

5.

Riding stable on the following conditions:

a.

The zoning lot is not less than ten acres in area.

b.

No building is constructed within 200 feet from any property line.

c.

Animals are not maintained within 100 feet of the property line of any adjoining residential zoning lot.

d.

The building height requirements for the district are maintained.

e.

The zoning lot has direct access onto an arterial or major collector road.

f.

No activities, other than normal maintenance, will be conducted within 100 feet of the property line of any adjoining residential zoning lot.

g.

No automobile parking will be permitted within 50 feet of any property line.

6.

Church or other legitimate place of worship, including a one-family dwelling for a minister, on the following conditions:

a.

Notwithstanding any other requirements in this ordinance the following conditions shall apply to all churches regardless of zoning district.

b.

Minimum zoning lot area is three acres.

c.

Minimum lot width: 100 feet.

d.

Minimum setback area, front:

(1)

Building: 40 feet.

(2)

Parking: 20 feet.

e.

Minimum setback area, side: 15 feet. If adjoining a residential lot, the building setback shall be 75 feet.

f.

Minimum setback area, rear: 30 feet. If adjoining a residential zoning lot, the building setback shall be 75 feet.

g.

Maximum building height: As approved by the fire department.

h.

All zoning lots shall have direct access onto an arterial, major collector road or have access to an arterial, major collector or industrial/commercial road via a minor collector.

i.

No parking shall be permitted within 20 feet of the property line of any adjoining residential zoning lot.

j.

Parking and/or service areas shall be separated from adjoining residential lots by a suitable fence or wall six feet in height or a suitable planting screen six feet in height at time of planting. The required fence, wall, or screen must provide for a reasonable visual separation between properties. No fence or wall in excess of four feet may be placed in a setback area adjoining a public street.

k.

All lights or lighting arrangements used for purposes of advertising, security or night operations must be directed away from adjoining or nearby residential zoning lots.

l.

Any existing church in any zoning district may comply with either the requirement existing prior to enactment of this ordinance or they may comply with the conditions of this section. They shall not be permitted to comply with various sections of both requirements.

7.

Home Child Care or Home Adult Day Care facility on the following conditions:

a.

No building is constructed within 75 feet of the property line of any adjoining residential zoning lot.

b.

The setback and height requirements for the district are maintained.

c.

The zoning lot has direct access onto an arterial or major collector road.

d.

No automobile parking will be permitted within the front setback depth or within 30 feet of the property line of any adjoining residential zoning lot.

e.

Parking, service and/or play areas are separated from adjoining residential zoning lots by a suitable planting screen, fence or wall at least six feet in height above finished grade. The above required screen, fence or wall must provide for a reasonable visual separation between the properties.

f.

Plans for the facilities must receive the written approval of the state regulatory agencies and the fire department prior to any construction or occupancy.

D.

Other requirements: Unless otherwise specified in this ordinance, uses permitted in RD residential zoning districts shall conform to the following standards:

1.

Minimum floor area per dwelling unit: 1,600 square feet.

2.

Minimum zoning lot area: Five (5) acres.

3.

Minimum lot width: 200 feet.

4.

Minimum front setback depth: 50 feet.

5.

Minimum side setback depth: 20 feet.

6.

Minimum rear setback depth: 50 feet.

7.

Maximum building height: 35 feet.

8.

Parking: See Article 9.

9.

Signs: See Article 10.

A.

Intent of district: It is intended that the R-40 zoning district be reserved and developed for low-density residential purposes. The regulations which apply to this district are designed to encourage the formation and continuance of a stable, healthy environment for one-family dwellings situated on zoning lots having an area of one acre or more, with provisions for on-site sewer disposal and limited agricultural activities. These regulations are also intended to discourage encroachment by commercial, industrial or other uses capable of adversely affecting the intended residential character of the district.

B.

Permitted uses: The following uses shall be permitted in any R-40 residential zoning district:

1.

As specified in Table 5.8: Permitted Uses.

2.

Single-family detached dwellings.

3.

Publicly owned building, facility or land.

4.

Building, facility or land for the distribution of utility services.

5.

Building, facility or land for non-commercial park, recreation, thoroughfare, or open space purposes.

6.

Accessory use: See section 7.4.

7.

Customary home occupations: See section 7.5.

C.

Special uses: Unless otherwise specified in this Ordinance, the following uses shall be permitted in any R-40 residential zoning district as a special use upon the issuance of a special use permit by the City:

1.

Noncommercial farming, horticulture or agriculture, including the raising of livestock or animals for personal pleasure.

2.

Bed and Breakfast subject to the conditions set forth in section 5.1.C.3.

3.

Cemetery subject to the conditions set forth in section 5.1.C.4.

4.

Riding stable subject to the conditions set forth in section 5.1.C.5.

5.

Pet Grooming subject to the conditions set forth in section 5.1.C.1.

6.

Commercial Kennel subject to the conditions set forth in section 5.1.C.3.

7.

Church or other legitimate place of worship, including a one-family dwelling for a minister, subject to the conditions set forth in section 5.1.C.7.

8.

Home Child Care or Home Adult Day Care facility subject to the conditions set forth in section 5.1.C.8 and provided that the zoning lot is not less than 80,000 square feet in area.

D.

Other requirements: Unless otherwise specified in this ordinance, uses permitted in R-40 residential zoning districts shall conform to the following standards:

1.

Minimum floor area per dwelling unit: 1,500 square feet.

2.

Minimum zoning lot area: One acre.

3.

Maximum dwelling units per lot: One unit.

4.

Minimum lot width: 100 feet.

5.

Minimum lot width adjacent to existing or future public or private street right-of-way line:

a.

40 feet on street.

b.

35 feet on cul-de-sac.

6.

Minimum front setback depth: 45 feet.

7.

Minimum side setback depth: 15 feet.

8.

Minimum rear setback depth: 20 feet.

9.

Maximum building height: 35 feet.

10.

Parking: See Article 9.

11.

Signs: See Article 10.

A.

Intent of district: See section 14.1.

B.

Permitted uses: The following uses shall be permitted in any RC residential zoning district:

1.

As specified in Table 5.8: Permitted Uses.

2.

Single-family detached dwellings.

3.

Publicly owned building, facility or land.

4.

Building, facility or land for the distribution of utility services.

5.

Building, facility or land for non-commercial park, recreation, thoroughfare, or open space purposes.

6.

Accessory use: See section 7.4.

7.

Customary home occupations: See section 7.5.

C.

Special uses: Unless otherwise specified in this Ordinance, the following uses shall be permitted in any RC residential zoning district as a special use upon the issuance of a special use permit by the City:

1.

Church or other legitimate place of worship, including a one-family dwelling for a minister, subject to the conditions set forth in section 5.1.C.7.

D.

Other requirements: Unless otherwise specified in this ordinance, uses permitted in RC residential zoning districts shall conform to the following standards:

1.

Minimum floor area per dwelling unit: 2,000 square feet.

2.

Minimum zoning lot area: As specified in Article 14.

3.

Maximum dwelling units per lot: One unit.

4.

Minimum lot width: As specified in Article 14.

5.

Minimum lot width adjacent to existing or future public or private street right-of-way line: As specified in Article 14.

6.

Minimum front setback depth: As specified in Article 14.

7.

Minimum side setback depth: As specified in Article 14.

8.

Minimum rear setback depth: As specified in Article 14.

9.

Maximum building height: 35 feet.

10.

Parking: See Article 9.

11.

Signs: See Article 10.

A.

Intent of district: It is intended that the R-1 zoning district be reserved and developed for multi-family and single family residential purposes, taking into consideration the rural nature of the City and the limitations imposed on development due to a lack of public sewer service. The regulations which apply to this district are designed to encourage the formation and continuance of a stable, healthy environment for different kinds of dwellings situated on zoning lots having an area of 1.5 acres or more.

B.

Permitted uses: The following uses shall be permitted in any R-1 zoning district:

1.

Single family detached dwelling.

2.

Single family attached dwelling (duplex), provided that each such dwelling shall not be subdivided into two separate lots.

3.

Publicly owned building, facility or land.

4.

Building, facility or land for the distribution of utility services.

5.

Building, facility or land for non-commercial park, recreation, thoroughfare, or open space purposes.

6.

Accessory use: See section 7.4.

C.

Other requirements: Unless otherwise specified in this ordinance, uses permitted in R-1 residential zoning district shall conform to the following standards:

1.

Minimum floor area per dwelling unit: 1,200 square feet.

2.

Minimum zoning lot area: 1.5 acres.

3.

Maximum dwelling units per lot: Two (2).

4.

Minimum lot width at building line: 100 feet.

5.

Minimum lot width adjacent to existing or future public or private street right-of-way line:

a.

40 feet on street.

b.

35 feet on cul-de-sac.

7.

Minimum front setback: 45 feet.

8.

Minimum side setback: 20 feet.

9.

Minimum rear setback: 20 feet unless the lot adjoins an R-40 or RC zoning district in which instance the minimum rear setback shall be 40 feet.

10.

Maximum building height: 35 feet.

11.

Parking: See Article 9.

12.

Signs: See Article 10.

13.

Screening: When property in an R-1 zoning district adjoins a single-family detached residential zoning district (RD, R-40, RC), a suitable planting screen and/or a fence or wall at least six feet in height shall be installed to properly screen the parking, service and activity areas from the adjoining property.

A.

Intent of district: It is intended that the GC zoning district be established and reserved for general business purposes. The regulations that apply within this district are designed to encourage the formation and continuance of a stable, economically healthy and compatible environment for businesses to serve City and regional commercial needs. These regulations are also intended to accommodate businesses which benefit from being located in close proximity to each other, and to discourage any encroachment by other uses capable of adversely affecting the basic commercial character of the district. It is further intended that these regulations will reduce traffic congestion, provide for adequate off-street parking, and limit the development of "strip" type business areas.

B.

Permitted uses: The following uses shall be permitted in any GC zoning district:

1.

As specified in Table 5.8: Permitted Uses.

2.

Publicly owned building, facility or land.

3.

Building, facility or land for the distribution of utility services.

4.

Building, facility or land for non-commercial park, recreation, thoroughfare, or open space purposes.

5.

Accessory use: See section 7.4.

C.

Special uses: Unless otherwise specified in this Ordinance, the following uses shall be permitted in any GC zoning district as a special use upon the issuance of a special use permit by the City:

1.

Retail business involving the sale of merchandise on an individual zoning lot where an individual tenant, owner, occupant, or business occupies more than 10,000 square feet subject to the following conditions:

a.

In addition to the conditions set forth in this subsection 5.5.C.1, the maximum aggregate size of any commercial development shall be 150,000 square feet of floor area.

b.

No single commercial tenant, owner, occupant, or business shall occupy more than 32,000 square feet of floor area.

c.

No three commercial tenants, owners, occupants, or businesses shall occupy a combined floor area of more than 80,000 square feet.

d.

No more than six commercial tenants, owners, occupants, or businesses shall occupy more than 10,000 square feet of floor area each.

e.

All exterior building elevations that face public streets and/ or customer parking areas shall be designed so that there are no large expanses of blank walls. This requirement can be met by employing the use of architectural features including but not limited to the following: doors, windows, pilasters, columns, horizontal and vertical offsets, material and color variations, decorative cornices, awnings, canopies, murals, and graphics. In order to assure conformance with this requirement, exterior building elevations must be reviewed and approved as a part of the overall final site plan review process.

f.

Any tenant, occupant, or business that occupies more than 10,000 square feet shall provide the City attorney with a copy of the rental agreement between such tenant, owner, occupant, or business and its landlord which contains a contract provision prohibiting such person or entity from voluntarily vacating such premises or otherwise ceasing to conduct its retail business on such premises while simultaneously preventing the landlord, by continuing to pay rent or otherwise, from leasing the premises to another person or company who will operate a permitted business on the premises. If such a tenant, occupant or business voluntarily vacates such premises or otherwise ceases to conduct its retail business on the premises, the landlord shall be free to market and lease such premises to another person or company.

g.

The owner of the zoning lot shall prepare a traffic management plan which identifies the traffic problems that will be generated by development on the premises and which presents reasonable solutions to those problems. The plan must be prepared by a qualified professional traffic planner at no cost to the City, and it must be approved by the City engineer or engineering firm as designated by City Council prior to the approval of the preliminary site plan or the issuance of a land disturbance permit or building permit, whichever occurs first.

h.

The owner of the zoning lot shall prepare a water management plan which identifies the water management problems that will be generated by development on the premises and which presents reasonable solutions to those problems. The plan must be prepared by a qualified professional engineer at no cost to the City, and it must be approved by the City engineer prior to the approval of the preliminary site plan or the issuance of a land disturbance permit or building permit, whichever occurs first.

2.

The sale, rental and/or storage of materials or equipment, excluding junk or salvage materials, provided that the area is entirely screened from the street and adjoining properties by a suitable fence or wall at least six feet in height above finished grade. The above required fence or wall must provide for a reasonable visual separation between the use and adjoining properties.

3.

Commercial recreational facility or land where the use is not located entirely within a building on the premises, on the following conditions:

a.

The zoning lot is not less than one acre in area.

b.

Except for golf courses or other passive recreation areas, the zoning lot is not adjacent to or across the street from any residential zoning lot.

4.

Transportation facility or terminal, provided service is primarily for passenger transportation rather than freight transportation.

5.

Church or other legitimate place of worship, subject to the conditions set forth in section 5.1.C.7 (a) through (l).

6.

Farming, horticulture or agriculture, subject to the conditions set forth in section 5.1.C.1.

7.

Bed and Breakfast subject to the conditions set forth in section 5.1.C.4.

8.

Cemetery subject to the conditions set forth in section 5.1.C.5.

9.

Commercial Kennel subject to the conditions set forth in section 5.1.C.3.

10.

Riding stable subject to the conditions set forth in section 5.1.C.6.

11.

Wreckage Service provided storage of wrecked and inoperable vehicles does not exceed 14 days.

12.

Private School subject to the following conditions:

a.

The zoning lot is not less than 80,000 square feet in area.

b.

No building is constructed within 75 feet of the property line of any adjoining residential zoning lot.

c.

Parking, service and/or play areas are separated from adjoining residential zoning lots by a suitable planting screen, fence or wall at least six feet in height above finished grade. The above required screen, fence or wall must provide for a reasonable visual separation between the properties.

d.

Plans for the facilities must receive the written approval of the state regulatory agencies and the fire department prior to any construction or occupancy.

D.

Other requirements: Unless otherwise specified in this Ordinance, uses permitted in GC zoning districts shall conform to the following standards:

1.

Minimum zoning lot area: One (1) acre, subject to approval of Health Department.

2.

Minimum lot width: 80 feet.

3.

Minimum front setback depth:

a.

Building: 45 feet.

b.

Driveway/parking: 25 feet.

4.

Minimum side and rear setback depth: 20 feet.

5.

Maximum building height: 35 feet.

6.

Parking: Refer to Article 9.

7.

Signs: Refer to Article 10.

8.

Storage: No storage will be permitted on the zoning lot outside a fully enclosed building unless the storage area is entirely screened from the street and adjoining properties by a suitable fence or wall at least six feet in height above finished grade. The required fence or wall must provide for a reasonable visual separation between the storage area and any adjoining property.

9.

Access: All zoning lots shall have direct access onto an arterial, major collector or industrial/commercial road or have access to an arterial, major collector or industrial/commercial road via an access street.

10.

No automobile parking or service areas will be permitted within the required front setback or within 20 feet of the property line of any adjoining residential zoning lot.

11.

All parking and service areas must be separated from adjoining residential zoning lots by a suitable planting screen, fence or wall at least six feet in height above finished grade. The above required screen, fence or wall must provide for a reasonable visual separation between the properties.

12.

No outside loudspeaker systems shall be utilized.

13.

All lights or lighting arrangements used for purposes of advertising, security or night operations must be directed away from adjoining or nearby residential zoning lots.

14.

No use permitted in this zoning district shall be allowed to cover more than 75 percent of the zoning lot on which it is located with impervious surfaces.

A.

Intent of district: It is intended that the HC zoning district be established and reserved for general business purposes. The regulations that apply within this district are designed to encourage the formation and continuance of a stable, economically healthy and compatible environment for businesses to serve City and regional commercial needs. These regulations are also intended to accommodate businesses which benefit from being located in close proximity to each other, and to discourage any encroachment by other uses capable of adversely affecting the basic commercial character of the district. It is further intended that these regulations will reduce traffic congestion, provide for adequate off-street parking, and limit the development of "strip" type business areas.

B.

Permitted uses: The following uses shall be permitted in any HC zoning district:

1.

As specified in Table 5.8: Permitted Uses.

2.

Publicly owned building, facility or land.

3.

Building, facility or land for the distribution of utility services.

4.

Building, facility or land for non-commercial park, recreation, thoroughfare, or open space purposes.

5.

Accessory use: See section 7.4.

C.

Special uses: Unless otherwise specified in this Ordinance, the following uses shall be permitted in any HC zoning district as a special use upon the issuance of a special use permit by the City: ^[2]

1.

Retail business involving the sale of merchandise on an individual zoning lot where an individual tenant, owner, occupant, or business occupies more than 10,000 square feet subject to the following conditions:

a.

No single commercial tenant, owner, occupant, or business shall occupy more than 32,000 square feet of floor area.

b.

No three commercial tenants, owners, occupants, or businesses shall occupy a combined floor area of more than 80,000 square feet.

c.

No more than six commercial tenants, owners, occupants, or businesses shall occupy more than 10,000 square feet of floor area each.

d.

All exterior building elevations that face public streets and/ or customer parking areas shall be designed so that there are no large expanses of blank walls. This requirement can be met by employing the use of architectural features including but not limited to the following: doors, windows, pilasters, columns, horizontal and vertical offsets, material and color variations, decorative cornices, awnings, canopies, murals, and graphics. In order to assure conformance with this requirement, exterior building elevations must be reviewed and approved as a part of the overall final site plan review process.

e.

Any tenant, occupant, or business that occupies more than 10,000 square feet shall provide the City attorney with a copy of the rental agreement between such tenant, owner, occupant, or business and its landlord which contains a contract provision prohibiting such person or entity from voluntarily vacating such premises or otherwise ceasing to conduct its retail business on such premises while simultaneously preventing the landlord, by continuing to pay rent or otherwise, from leasing the premises to another person or company who will operate a permitted business on the premises. If such a tenant, occupant or business voluntarily vacates such premises or otherwise ceases to conduct its retail business on the premises, the landlord shall be free to market and lease such premises to another person or company.

f.

The owner of the zoning lot shall prepare a traffic management plan which identifies the traffic problems that will be generated by development on the premises and which presents reasonable solutions to those problems. The plan must be prepared by a qualified professional traffic planner at no cost to the City, and it must be approved by the City engineer prior to the approval of the preliminary site plan or the issuance of a land disturbance permit or building permit, whichever occurs first.

g.

The owner of the zoning lot shall prepare a water management plan which identifies the water management problems that will be generated by development on the premises and which presents reasonable solutions to those problems. The plan must be prepared by a qualified professional engineer at no cost to the City, and it must be approved by the City engineer prior to the approval of the preliminary site plan or the issuance of a land disturbance permit or building permit, whichever occurs first.

In addition to the conditions set forth in this section 5.5.C.1, the maximum aggregate size of any commercial development shall be 150,000 square feet of floor area.

2.

The sale, rental and/or storage of materials or equipment, excluding junk or salvage materials, provided that the area is entirely screened from the street and adjoining properties by a suitable fence or wall at least six feet in height above finished grade. The above required fence or wall must provide for a reasonable visual separation between the use and adjoining properties.

3.

Commercial recreational facility or land where the use is not located entirely within a building on the premises, on the following conditions:

a.

The zoning lot is not less than one acre in area.

b.

Except for golf courses or other passive recreation areas, the zoning lot is not adjacent to or across the street from any residential zoning lot.

4.

Transportation facility or terminal, provided service is primarily for passenger transportation rather than freight transportation.

5.

Church or other legitimate place of worship, subject to the conditions set forth in section 5.1.C.7 (a) through (l).

6.

Farming, horticulture or agriculture, subject to the conditions set forth in section 5.1.C.1.

7.

Bed and Breakfast subject to the conditions set forth in section 5.1.C.4.

8.

Cemetery subject to the conditions set forth in section 5.1.C.5.

9.

Commercial Kennel subject to the conditions set forth in section 5.1.C.3.

10.

Riding stable subject to the conditions set forth in section 5.1.C.6.

11.

Wreckage Service provided storage of wrecked and inoperable vehicles does not exceed 14 days.

12.

Private School subject to the following conditions:

a.

The zoning lot is not less than 80,000 square feet in area.

b.

No building is constructed within 75 feet of the property line of any adjoining residential zoning lot.

c.

Parking, service and/or play areas are separated from adjoining residential zoning lots by a suitable planting screen, fence or wall at least six feet in height above finished grade. The above required screen, fence or wall must provide for a reasonable visual separation between the properties.

d.

Plans for the facilities must receive the written approval of the state regulatory agencies and the fire department prior to any construction or occupancy.

D.

Other requirements: Unless otherwise specified in this Ordinance, uses permitted in HC zoning districts shall conform to the following standards:

1.

Minimum zoning lot area: One-half (0.5) acre, subject to approval of Health Department.

2.

Minimum lot width: 80 feet.

3.

Minimum front setback depth:

a.

Building: 45 feet.

b.

Driveway/parking: 25 feet.

4.

Minimum side and rear setback depth: 20 feet.

5.

Maximum building height: 35 feet.

6.

Parking: Refer to Article 9.

7.

Signs: Refer to Article 10.

8.

Storage: No storage will be permitted on the zoning lot outside a fully enclosed building unless the storage area is entirely screened from the street and adjoining properties by a suitable fence or wall at least six feet in height above finished grade. The required fence or wall must provide for a reasonable visual separation between the storage area and any adjoining property.

9.

Access: All zoning lots shall have direct access onto an arterial, major collector or industrial/commercial road or have access to an arterial, major collector or industrial/commercial road via an access street.

10.

No automobile parking or service areas will be permitted within the required front setback or within 20 feet of the property line of any adjoining residential zoning lot.

11.

All parking and service areas must be separated from adjoining residential zoning lots by a suitable planting screen, fence or wall at least six feet in height above finished grade. The above required screen, fence or wall must provide for a reasonable visual separation between the properties.

12.

No outside loudspeaker systems shall be utilized.

13.

All lights or lighting arrangements used for purposes of advertising, security or night operations must be directed away from adjoining or nearby residential zoning lots.

14.

No use permitted in this zoning district shall be allowed to cover more than 75 percent of the zoning lot on which it is located with impervious surfaces.

A.

Intent of district: It is intended that the GI zoning district be established and reserved for basic or primary types of industrial uses which involve extensive manufacturing, processing or assembly operations. The regulations which apply within this district are designed to encourage the formation and continuance of a compatible environment for industries which require sizable tracts of land and/ or employ large numbers of workers. The intention is also to reserve and protect undeveloped areas of the City which are suitable for such industries, and to discourage encroachment by other uses which are capable of adversely affecting the basic industrial character of the district.

B.

Permitted uses: The following uses shall be permitted in any GI zoning district:

1.

As specified in Table 5.7: Permitted Uses.

2.

Publicly owned building, facility or land.

3.

Building, facility or land for the distribution of utility services.

4.

Building, facility or land for non-commercial park, recreation, thoroughfare, or open space purposes.

5.

Accessory use: See section 7.4.

C.

Special uses: Unless otherwise specified in this Ordinance, the following uses shall be permitted in any GI zoning district as a special use upon the issuance of a special use permit by the City:

1.

Open yard for the storage of materials or equipment, excluding junk or salvage materials, provided that the area is entirely screened from the street and adjoining properties by a suitable fence or wall at least six feet in height above finished grade. The above required fence or wall must provide for a reasonable visual separation between the use and adjoining properties.

2.

Commercial Kennel subject to the conditions set forth in section 5.1.C.3.

3.

Riding stable subject to the conditions set forth in section 5.1.C.6.

4.

[Reserved]

5.

Church or other legitimate place of worship, subject to the conditions set forth in section 5.1.C.7 (a) through (l).

6.

Private School, subject to the conditions set forth in section 5.5.C.12.

D.

Other requirements: Unless otherwise specified in this ordinance, uses permitted in GI zoning districts shall conform to the following standards:

1.

Minimum zoning lot area: One-half (0.5) acre, subject to approval of Health Department.

2.

Minimum lot width: 100 feet.

3.

Minimum front setback depth:

a.

Building: 45 feet.

b.

Driveway/parking: 25 feet.

4.

Minimum side and rear setback depth: 20 feet.

5.

Maximum building height and structure height: 35 feet.

6.

Access: All zoning lots shall have direct access onto an arterial, major collector or industrial/commercial road or have access to an arterial, major collector or industrial/commercial road via an access street.

7.

No automobile parking or service areas will be permitted within the required front setback or within 20 feet of the property line of any adjoining residential zoning lot.

8.

All parking and service areas must be separated from adjoining residential zoning lots by a suitable planting screen, fence or wall at least six feet in height above finished grade. The above required screen, fence or wall must provide for a reasonable visual separation between the properties.

9.

All lights or lighting arrangements used for purposes of advertising, security or night operations must be directed away from adjoining or nearby residential zoning lots.

10.

No use permitted in this zoning district shall be allowed to cover more than 75 percent of the zoning lot on which it is located with impervious surfaces.

11.

No open burning will be permitted on any zoning lot.

12.

All industries must be approved by state and federal regulatory agencies relative to meeting standards for environmental quality.

13.

Parking: Refer to Article 9.

14.

Signs: Refer to Article 10.

No principal building, structure or land use shall be permitted except in the zoning districts indicated and for the purposes permitted in sections 5.1 through 5.7 and/or table 5.7: Permitted uUses. Each use is mutually exclusive and does not include other uses listed in the table.

A principal use denoted by the letter "S" is permitted only if a special use permit is granted by the Council (see section 15.16) and the conditions specified in sections 5.1 through 5.7 are met.

For uses not included in this list where the building inspector is unable to determine clear placement, application shall be made to the Council for interpretation.

TABLE 5.8: PERMITTED USES

In addition to standards listed elsewhere in this article, the following appearance standards shall apply. Certificate of occupancy shall be granted upon the finding that such development shall meet or exceed the appearance standards as follows:

A.

Residential.

1.

All single-family dwellings (RD, R-40, RC, and R-1 districts) excluding industrialized housing, manufactured homes and modular buildings:

a.

Roof. The roof will have a minimum vertical rise of four feet (4') for each twelve feet (12') of horizontal run and shall have a surface of wood shakes, asphalt composition, wood shingles, concrete, fiberglass or metal tiles, slate, built up gravel materials or other materials approved by the building inspector.

b.

Siding. The exterior siding materials shall consist of wood, masonry, concrete, stucco, masonite, metal or vinyl lap or other materials of like appearance.

c.

Foundation. A permanent foundation is required and shall meet the requirements of standard building codes.

2.

Industrialized Homes, Manufactured Homes or Modular Buildings, as defined herein may be permitted in any residential zoning district other than the RC district, provided such buildings or structures meet the following standards:

a.

Standards.

(1)

The structure has a minimum width in excess of sixteen feet (16').

(2)

The pitch of the structure's roof has a minimum vertical rise of four feet (4') for each twelve feet (12') of horizontal run, and the roof is finished with a type of shingle that is commonly used in conventional construction.

(3)

The exterior siding consists of wood, hardboard, vinyl, brick, masonry, or aluminum (vinyl-covered or painted, but in no case exceeding the reflectivity of glass white paint) comparable in composition, appearance, and durability to the exterior siding commonly used in conventional construction.

(4)

A curtain wall, unpierced except for required ventilation and access and constructed of masonry, is installed so that it encloses the area located under the home to the ground level. Such a wall must have a minimum thickness of four inches (4").

(5)

The tongue, axles, transporting lights, and towing apparatus are removed after placement on the lot and before occupancy.

(6)

Landings of the requisite composition and size as per Section 1113 of the Standard Building Code of the Southern Building Code Congress International are installed, with said provisions being expressly incorporated by reference herein as part of this requirement.

b.

Conditions.

All pre-owned manufactured homes located in the jurisdiction shall bear a label certifying it was constructed in compliance with the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq. (the HUD Code) and shall be installed in accordance with O.C.G.A. § 8-2-160, et seq.

c.

Permitting, Inspection, Certificate of Occupancy and Fees.

A permit shall be required to locate a pre-owned manufactured home in the jurisdiction. All permits shall be issued within five (5) business days of receipt of all items listed in subsections (a)(1)—(4) of this section. To obtain a permit, Applicants shall provide to the building inspector:

(1)

An affidavit signed by the applicant that the pre-owned manufactured home meets health and safety standards required by this Act;

(2)

Photographs of the interior and exterior of the pre-owned manufactured home providing evidence that home meets the minimum health and safety standards of Section 4 of this ordinance;

(3)

A One thousand dollars ($1,000.00) refundable guarantee of condition bond or $1,000.00 refundable cash deposit; and

(4)

The permit and inspection fee required by this section.

(5)

Upon receipt of a permit, Applicants may relocate the manufactured home on a residential site for the purposes of inspection. Applicant shall arrange for an inspection to be held once the installation of the manufactured home is complete.

(6)

Certificate of Occupancy. A certificate of occupancy shall be issued to the Applicant at such time that the building inspector certifies that the requirements of this ordinance have been met.

(7)

Fee. A permit and inspection fee shall be charged to the applicant to cover the cost to the City to process the permit application and inspect the pre-owned manufactured home. Such fee shall cover the initial inspection and one follow-up inspection. The applicant shall pay a fee for each additional followup inspection that may be necessary, subject to the discretion of the building inspector.

(8)

Alternative Inspection. At the request of the Applicant, the building inspector may, at his or her discretion, inspect a pre-owned manufactured home prior to its being relocated if the home is then located at another site within the city. The structure will still be subject to all other necessary inspections.

(9)

The fees to be charged under this section shall be as established by the city or the building department, and shall approximate the cost to the city of providing the inspections services.

d.

Minimum Health and Safety Standards. All pre-owned manufactured homes shall comply with the following before being issued a certificate of occupancy by the building inspector:

(1)

HUD Code. Every pre-owned manufactured home located in the jurisdiction shall be in compliance with the Federal Manufactured Housing Construction and Safety Standards Act, 42 U.S.C. 5401—5445 (the HUD Code) and shall not have been altered in such a way that the home no longer meets the HUD Code.

(2)

Interior Condition. Every floor, interior wall, and ceiling of a pre-owned manufactured home shall be in sound condition. Doors and windows shall be operable, watertight and in good working condition. The floor system shall be in sound condition and free of warping, holes, water damage, or deterioration.

(3)

Exterior Condition. The exterior of all pre-owned manufactured homes shall be free of loose or rotting boards or timbers and any other conditions that might admit rain or moisture to the interior portions of the walls or to occupied spaces. The exterior siding shall be free of rot and rust. Roofs shall be structurally sound and have no obvious defects that might admit rain or cause moisture to collect on the interior portion of the home.

(4)

Sanitary Facilities. Every plumbing fixture, water, and waste pipe of a pre-owned manufactured home shall be in a sanitary working condition when properly connected, and shall be free from leaks and obstructions. Each home shall contain a kitchen sink. Each bathroom shall contain a lavatory and water closet. At least one bathroom shall contain a tub and/or shower facilities. Each of these fixtures shall be checked upon being connected to ensure they are in good working condition.

(5)

Heating Systems. Heating shall be safe and in working condition. Un-vented heaters shall be prohibited.

(6)

Electrical Systems. Electrical systems (switches, receptacles, fixtures, etc.) shall be properly installed and wired and shall be in working condition. Distribution panels shall be in compliance with the approved listing, complete with required breakers, with all unused openings covered with solid covers approved and listed for that purpose. The home shall be subject to an electrical continuity test to assure that all metallic parts are properly bonded.

(7)

Hot Water Supply. Each home shall contain a water heater in safe and working condition.

(8)

Egress Windows. Each bedroom of a manufactured home shall have at least one operable window of sufficient size to allow egress if necessary.

(9)

Ventilation. The kitchen in the home shall have at least one operating window or other ventilation device.

(10)

Smoke Detectors. Each pre-owned manufactured home shall contain one operable battery-powered smoke detector in each bedroom and in the kitchen, which must be installed in accordance with the manufacturer's recommendations.

e.

Enforcement.

(1)

Permanent connection to utilities shall not be approved until the building inspector has issued a certificate of occupancy.

(2)

Owners of pre-owned manufactured homes that are not in compliance upon a third inspection shall have their permit revoked and shall be required to remove the home from the jurisdiction at their own expense.

(3)

The guarantee of condition bond or cash deposit will be forfeited after 90 days from the date of inspection, unless all conditions and standards are met prior to the end of the 90 days or an extension has been issued in writing by the building inspector.

f.

Penalties

Failure to remove a pre-owned manufactured home from the jurisdiction upon failure to receive a certificate of occupancy shall be punishable by a fine as authorized by the Charter of the City of Haralson. Each day any violation under this ordinance continues shall be considered a separate offense.

B.

Commercial. All commercial buildings (GC and GI) in the Commercial Overlay District are required to comply with design standards specified in Article 8. Commercial buildings outside the Commercial Overlay District are encouraged to comply with the design standards specified in Article 8.

Any use not specifically listed as a permitted use, a conditional use, or a special use in any of the zoning districts referenced herein shall be prohibited.