USE OF LAND AND STRUCTURES
Editor's note— Ord. No. 2021-2, adopted Oct. 4, 2021, did not specify manner of inclusion, hence, codification as Div. 7, §§ 2.7.1—2.7.3 was at the discretion of the editor.
The purpose of this article is to describe the specific uses to which land and structures may be put in the various zoning districts within the city.
(Ord. of 5-10-96)
Accessory use or structure: A use or structure that is permitted on a property in conjunction with a principal use.
Adult use: Any building or structure or portion of any building or structure used or intended to be used for an adult store, adult entertainment establishment, or adult theater.
a.
Adult store: A business establishment that contains or is used for the display or sale of books, magazines, videos, movie films, still pictures, and any and all other written materials, novelties, devices, and related sundry items, which are distinguished or characterized by their emphasis on matters depicting, describing, or related to specified sexual activities or specified anatomical areas, as defined below; or an establishment with a segment or section devoted to the sale or display of such material constituting a majority of its retail value of stock displayed for sale or a majority of the monthly gross receipts of the business.
b.
Adult entertainment establishment: A business where the patron is afforded a view of specified anatomical areas or specified sexual activities as defined below of or involving employees, or where the patron otherwise views the modeling of undergarments, dance routines, strip performances, or other gyrational choreography provided by the establishment that appeals to the prurient interest of the patron.
c.
Adult theater: A business that offers the viewing of recorded performances or activities by others, whether such performances are in the form of motion pictures, videos, slide shows, or other forms of photographic or visual display, which are distinguished or characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas as defined below.
d.
Specified anatomical areas: Human genitals and pubic regions, buttocks, female breast below a point immediately above the top of the areola if less than completely and opaquely covered, and human male genitals in a discernibly turgid state, even if completely and opaquely covered.
e.
Specified sexual activities: Acts of human masturbation, sexual intercourse, sodomy or any acts of bestiality, and fondling or other erotic touching of human genitals, pubic region, buttock or breast of either male or female.
Agriculture: All agricultural pursuits including but not limited to field crop farming; forestry; dairying and pasturage; poultry husbandry; plant nursery; and livestock breeding, raising and care.
Amusement place: A business establishment providing leisure entertainment such as, but not limited to, video games or other coin-operated amusement devices, billiard and pool halls, and miniature golf, but excluding adult uses.
Automobile service station: Buildings and premises where gasoline or diesel fuel is dispensed at retail, and where in addition at least one of the following services is rendered:
a.
Sale, installation, or servicing of spark plugs, batteries, distributors, tires, carburetors, brakes, fuel pumps, or other automotive parts or accessories;
b.
Replacement of water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, mirrors, and the like;
c.
Engine tune-up, radiator cleaning and flushing, or greasing and lubrication.
d.
Uses permissible at an automobile service station shall not include major mechanical and body work, straightening of body parts, painting, welding, or storage of automobiles not in operable condition. See "Automotive Service Establishment" where such activities are allowed.
Automobile wrecking yard: The dismantling, storage, sale or dumping of used, wrecked, damaged or inoperable motor vehicles, trailers or parts thereof.
Automotive sales. The use of any building, land area or other premises for the display and sale of new or used motorized vehicles such as automobiles, panel trucks or vans, motorcycles, busses, boats, or recreation vehicles, and which may include any warranty repair work and other repair service conducted as an accessory use.
Automotive service establishment. A business principally engaged in the repair of automobiles or other motorized vehicles, or the installation or repair of equipment or parts on motorized vehicles such as mufflers, brakes, tires, radios, transmissions, and engines or engine parts.
Bed and breakfast facility: A business establishment operated within a dwelling by the owner-occupant, offering temporary lodging to the traveling public while away from their normal places of residence, and containing no more than seven (7) bedrooms available for temporary lodging. See also "Hotel" and "Motel."
Board of Commissioners: The Board of Commissioners of Hawkinsville, Georgia.
Boarding house: A building where by pre-arrangement for periods exceeding one week, meals and lodging are provided for not more than ten (10) persons.
Building: Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind.
Building materials sales: an establishment offering lumber or other construction materials used in buildings for sale to contractors or the general public.
Car wash: Any building or premises or portions thereof dedicated to use for washing automobiles; whether by hand or mechanical means.
Clinic: An establishment where medical or dental patients who are not lodged overnight, are admitted for examination or treatment.
Club or fraternal organization: Buildings and facilities owned or operated by an association or persons for a social or recreational purpose, but not operated primarily for profit.
Commercial parking lot: An area or structure dedicated to the temporary storage of automobiles or other vehicles for periods of less than twenty-four (24) hours for a fee, operated as the principal use of the property or structure.
Commercial recreation: A business offering leisure sports facilities such as a bowling alley, skating rink, commercial golf course or driving range, softball fields, batting cages, health clubs, and fitness centers.
Community recreation facility: A swimming pool, tennis court or other recreation facility owned by or provided for the use of the residents of a subdivision, apartment project, or other residential development.
Conditional use: A use that may be compatible with other uses in a zoning district under certain circumstances or with special restrictions. Establishment of a conditional use on a property requires approval by the Board of Commissioners in accordance with the procedures in this Ordinance.
Convenience gas station: A building or premises where gasoline, diesel fuel and oil may be dispensed at retail with no automobile repair facilities. Uses permissible also include the sale of cold drinks, packaged foods, tobacco and similar household convenience goods for station customers.
Crematory: An establishment where bodies of dead people are cremated.
Daycare center: An establishment that is required to be licensed by the State of Georgia as a "group care home" or a "day care center," as defined by regulations of the State of Georgia, which enrolls for pay, supervision and non-medical care, seven (7) or more children or adults.
Drive-in theater: See "Theater, Drive-In."
Dwelling: A building or portion of a building arranged or designed to provide living quarters for one or more families.
a.
Single-family dwelling: A residential building, whether site-built or a manufactured home or an industrialized building, designed for or occupied exclusively by one family and meeting or exceeding the Standards for Single-Family and Two-Family Dwellings under Section 2.4.1 of this Ordinance.
b.
Two-family dwelling: A residential building designed for or occupied exclusively by two (2) families in separate dwelling units living independently of each other on a single lot, and meeting or exceeding the Standards for Single-Family and Two-Family Dwellings under Section 2.4.1 of this Ordinance.
c.
Multi-family dwelling: A residential building exclusively designed for or occupied by three (3) or more families in separate dwelling units living independently of each other.
d.
Group dwelling: A building or portion of a building occupied or intended for occupancy by several unrelated persons or families as their normal place of residence, but in which separate cooking facilities are not provided for such resident persons or families. The term "group dwelling" includes but is not limited to the terms "rooming house," "apartment hotel," "fraternity house" or "sorority house." A hotel, motel or bed and breakfast facility shall not be deemed to be a group dwelling as herein defined.
Dwelling unit: One or more rooms connected together and constituting a separate, independent housekeeping establishment for use on a basis involving owner occupancy or rental or lease on a weekly, monthly or longer basis, with provisions for cooking, eating and sleeping, and physically set apart from any other rooms or dwelling units in the same structure.
Farm equipment sales: A business specializing in the sale of tractors and other machinery normally associated with agricultural operations in the production of crops or the raising of poultry or livestock.
Fast food restaurant: Any establishment, building or structure where food or drink are served for consumption, either on or off the premises, by order from or service to persons either over an interior counter, outside the structure or from an outdoor service window or automobile service window, or by delivery. This definition shall not include otherwise permitted restaurants where outdoor table service is provided to customers in established outdoor dining areas.
Family: An individual or two (2) or more persons living together as a household.
Family day care home: An accessory use within a private residence, licensed by or registered with the State of Georgia as a family day care home, operated by the occupant of the dwelling who enrolls for pay, for supervision and care, three but not more than six (6) children or adults.
Fence: An artificially constructed barrier of wood, wire, wire mesh, or decorative metal erected to enclose, screen or separate portions of a lot.
Freestanding wall: An artificially constructed barrier of brick or stone, singly or in combination with decorative metal, erected to enclose, screen or separate portions of a lot.
Funeral home: A building used for the preparation of deceased human beings for services or burial, and ceremonies connected therewith before burial or cremation.
Greenhouse: A building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of plants for subsequent sale or for personal enjoyment.
Guest House: An accessory use to a dwelling designed and intended for the temporary housing of visitors to a property at the behest of the property residents for no fee or other consideration.
Home occupation: Any activity carried out for profit by the resident and conducted as an accessory use in the resident's dwelling unit.
Hotel: A business establishment offering temporary lodging to the traveling public while away from their normal places of residence, and in which ingress and egress to and from the rooms are made primarily through an inside lobby. See also "Bed and Breakfast facility" and "Motel."
Hospital: A building providing primary or tertiary health services and medical or surgical care to persons including in-patients and out-patients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including as an integral part of the institution, related facilities such as laboratories, out-patient facilities or training facilities.
Industrialized building: Any structure or component thereof which is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly and installation on a building site and has been manufactured in such a manner that all parts or processes cannot be inspected at the installation site without disassembly, damage to, or destruction thereof. Industrialized buildings are constructed and regulated in accordance with O.C.G.A. Title 8, Chapter 2, Article 2, Part 1, §§ 8-2-110 through 8-2-121, as the same may be hereafter amended.
Junkyard or salvage yard: A lot, land or structure or part thereof, used primarily for the collecting, storage or sale of waste paper, rags, scrap metal or other discarded material; and for the collecting, dismantling, storage, or salvage of machinery or vehicles not in running condition, or for the sale of parts thereof.
Kennel: A shelter where dogs or cats are bred, raised, trained or boarded as a business.
Manufactured home: A structure, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet in floor area, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; or otherwise comes within the definition of a "manufactured home" under the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended (42 U.S.C. 5401-5445).
a.
Class A manufactured home: A manufactured home that meets or exceeds the Standards for Single-Family and Two-Family Dwellings under Section 2.4.1 of this Ordinance. A Class A Manufactured Home shall be considered a Single-Family Dwelling.
b.
Class B manufactured home: A manufactured home that does not meet the Standards for Single-Family and Two-Family Dwellings under Section 2.4.1 of this Ordinance.
Manufactured home park: Any lot under single ownership on which two (2) or more manufactured homes are be located or intended to be located for purposes residential occupancy.
Manufactured home sales lot: A premises on which manufactured homes are displayed for sale.
Manufacturing: The creation of finished goods from rate materials or intermediate component parts.
a.
Heavy manufacturing: The extraction of natural resources or the transformation of raw material through mechanical or chemical means into basic products for subsequent assembly, fabrication or use in the production of finished goods.
b.
Light manufacturing: The finishing, fabrication or assembly of previously manufactured parts into a final product or component products ready for retail sale.
Mini-warehouse: A structure containing separate storage spaces of varying sizes leased or rented on an individual basis.
Mobile home: A manufactured home.
Motel: A business establishment offering temporary lodging to the traveling public while away from their normal places of residence, and in which ingress and egress to and from the rooms are made primarily direct from an exterior walkway rather than from an inside lobby. See also "Bed and Breakfast facility" and "Hotel."
Nursery school: See "Daycare Center."
Nursing home: An extended or intermediate care facility required to be licensed or approved by the State of Georgia to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.
Office: A room or group of rooms used for conducting the affairs of a business, profession, service, industry or government.
Office building: A building used primarily for conducting the affairs of a business, profession, service, industry or government, or like activity, that may include ancillary services for office workers such as a restaurant, coffee shop, newspaper or candy stand.
Outdoor display area: A portion of a property outside of any building where merchandise, goods or other items are placed in public view for the purpose of advertising or for sale or lease.
Outdoor storage: The keeping within an unroofed area of any goods, material, merchandise or vehicles in the same place for more than twenty-four (24) hours.
Parking area or lot: Any public or private area at grade or within a structure used for the express purpose of temporarily parking automobiles and other vehicles otherwise in operation for personal or business use.
Parking garage: An accessory building or portion of a principal building used only for the private storage of motor vehicles as an accessory use. See also "Commercial Parking Lot."
Plant nursery: Land or greenhouses used to raise flowers, shrubs, trees, and other plants for sale to distributors or for subsequent replanting by the owner, a landscape company or others.
Premises: An area of land with its appurtenances and buildings which, because of its unity of use, is one unit of real estate.
Principal building: A building in which is conducted a principal use.
Principal use: The specific, primary purpose for which land or a building is used.
Prohibited use: A use that is not permitted in a zoning district by right, as an accessory use, or as a conditional use.
Recreation facility: An accessory use to a dwelling designed and equipped for the conduct of personal leisure time activities such as a swimming pool, tennis court, deck, or patio. See also "Commercial Recreation" and "Community Recreation Facility."
Recycling center: A use operated exclusively for the collection and temporary storage of used paper, glass, metal, and similar materials suitable for reprocessing, which are transported elsewhere for separating, processing, or storage.
Rental services establishment: Any business establishment which rents or leases items of personal property such as tools, appliances, and equipment to the general public.
Restaurant: An establishment where food and drink are prepared to individual order, ordered and served at the table, and consumed primarily within the principle building, as contrasted to a fast food restaurant.
Retail sales business: An establishment principally engage in offering a category of similar goods or products for sale to the general public, such as a grocery store hardware store, pharmacy, clothing shop, home furnishings store, office supplies store, and the like.
Retail services business: An establishment principally engaged in providing a service, as opposed to products to the general public, such as a banking or financial institution, real estate or insurance office, barber or beauty shop, travel agency, amusement or recreation center, health clinic, legal firm, professional service and the like.
Retirement community: An age-restricted residential development in a multi-family dwelling that offers significant services and facilities for the elderly including social and recreational activities, personal care services, or health facilities limited to use by the development's residents. At least eighty (80) percent of the units must be occupied by residents sixty-two (62) years old or older, and the remaining units must be occupied by at least one resident fifty-five (55) years old or older.
Roadside stand: A structure for the shelter, display and sale of agricultural products produced on the premises, with no space for customers within the structure itself.
School: A facility used for education or instruction in any branch of knowledge.
a.
Academic school: Any building or part thereof which is designed, constructed or used for education or instruction following the same curriculum offered in a public elementary, secondary, trade or technical, or higher education facility, and accredited to award diplomas as such.
b.
Commercial school: Any building or part thereof which is designed, constructed or used for education or instruction in any branch of knowledge or vocational pursuit, other than an academic school.
Semipublic use: A use owned or operated by a nonprofit, religious, or eleemosynary institution for the purpose of providing educational, cultural, recreational, religious, or social services to the general public.
Storage: The placement, keeping, or retention of vehicles, equipment, materials, goods, or products on a temporary basis for intermittent use or subsequent distribution or transfer.
Structure: Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Among other things, structures include but are not limited to buildings, driveways, parking lots, walls, fences, signs, and swimming pools.
Temporary use: A use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.
Theater: A building or part of a building devoted to showing motion pictures, or for dramatic, musical or live performances.
Theater, drive-in: An open lot with its appurtenant facilities devoted primarily to the showing of motion pictures or theatrical productions to patrons seated in automobiles.
Travel trailer: A motorized camper, converted bus, tent trailer, motor home, or other similar vehicular or portable structure used or designed for temporary portable housing or occupancy while on vacation or other recreational trip and provided with sleeping accommodations.
Truck loading docks: A portion of a building designed for the loading and unloading of trucks.
Truck terminal: A building or premises where trucks load and unload cargo and freight and where the cargo and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation.
Use: The purpose for which land or a building or other structure is designed, arranged or intended or for which it is or may be occupied or maintained. See also "Principal Use" and "Accessory Use or Structure."
Utility company: A private business providing electricity, natural gas, telephone, or other services under the regulation of the Georgia Public Services Commission.
Veterinarian: A veterinary hospital or clinic providing medical care and treatment for animals.
a.
Large animal veterinarian: A place where horses, cattle, sheep or other animals normally kept in agricultural settings are given medical or surgical treatment and the boarding of animals is limited to short-term care.
b.
Small animal veterinarian: A place where dogs, cats, birds or other animals normally kept as household pets are given medical or surgical treatment and the boarding of animals is limited to short-term care.
Warehouse: A building used primarily for the storage of goods and materials. See also "Mini-Warehouse."
Wholesale trade establishment: A place of business primarily engaged in selling merchandise to retailers to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
(Ord. of 5-10-96; Ord. No. 2016-1, § 1, 6-6-16)
a.
The boundaries of the various districts shall be shown upon the official zoning map of Hawkinsville, Georgia. The Official Zoning Map is hereby made a part of this Ordinance, and all notations, references and other information shown thereon shall be a part of this Ordinance as if set forth herein.
b.
The Official Zoning Map, as adopted by the Board of Commissioners and subsequently amended from time to time by its action, shall be maintained as so revised by the Zoning Administrator.
(Ord. of 5-10-96)
a.
Changes Due To Map Amendment. No changes of any nature shall be made on the Official Zoning Map or matter shown thereon except in conformity with amendments to the map approved by the Board of Commissioners.
b.
Changes Due To Annexation. Where city limit boundaries change by virtue of annexation, the following provisions shall apply:
(1)
The land area so incorporated through annexation shall be initiated for zoning approval upon the effective date of the annexation. The area shall be classified in the zoning category deemed most appropriate by the Board of Commissioners through the procedures for rezoning contained in article 6, division 2 of this Ordinance.
(2)
No building permit or development permit may be issued on newly annexed land until such time as the zoning classification has been established by the Board of Commissioners.
(3)
Any use existing at the time of annexation approval may continue, but no such use shall be expanded and no new use shall be created until the Board of Commissioners approve a zoning classification on the property. Any use of the property after zoning approval shall be in conformity with this Ordinance.
(Ord. of 5-10-96)
a.
The boundaries of the districts as shown on the Official Zoning Map shall be determined on the basis of the legal descriptions associated with approved zoning petitions, or, lacking such legal descriptions, on the basis of the location of the boundary as depicted on the Official Zoning Map along with any dimensions shown.
b.
Where uncertainty exists with respect to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:
(1)
Unless otherwise indicated, the district boundary lines are center lines of streets or such lines extended, lot or property lines, a line lying in the center of a stream or drainage way, or the city limits of Hawkinsville.
(2)
Where a district boundary line parallels a street right-of-way or discernible topographic feature, the distance shall be scaled from the Official Zoning Map.
(3)
Where a district boundary line divides a lot which is of single ownership at the time of the effective date of this Ordinance, the zoning classification of the larger portion may be extended to the remainder without recourse to amendment procedure.
(4)
In the event the exact location of a boundary cannot be determined by the foregoing methods, the Board of Commissioners shall, upon application, determine the location of the boundary.
(5)
Where a public road, street, alley or other right-of-way is officially vacated or abandoned, the regulations applicable to the property to which it is reverted shall apply to such vacated or abandoned road, street, alley or right-of-way.
(Ord. of 5-10-96)
For the purposes of this Chapter, the following zoning districts are established:
A-1 Agricultural District
R-1 Single-Family Residential District
R-2 Single-Family Residential District
R-3 Single and Two-Family Residential District
R-4A Multiple Family Residential District
R-4 Multiple Family Residential District
P Professional District
B-1 Business District
B-2 Business District
I Industrial District
(Ord. of 5-10-96)
a.
Purpose. The A-1 district is established to preserve certain land areas for agricultural use; to discourage non-agricultural development so as to provide areas of open space; and to provide building sites for future urban development.
b.
Permitted Principal Uses.
(1)
See article 2, division 6 for all principal uses permitted by right in this zoning district.
(2)
See section 2.4.2 for limitations on maximum residential occupancy.
c.
Conditional Uses. See article 2, division 6 for those principal uses permitted as a conditional use in this district. Each conditional use requires approval by the Board of Commissioners prior to its establishment. See Article 6 of this Ordinance for standards and procedures.
d.
Accessory Uses. See article 2, division 6 for all permitted accessory uses, and article 2, division 5 for limitations and specific regulations regarding particular accessory uses.
(Ord. of 5-10-96)
a.
Purpose. The R-1 single-family residential district is established to protect the existing areas of primary low density single family residential development and to provide for and encourage similar or complimentary type development in the future together with the associated recreational, educational and religious facilities.
b.
Permitted Principal Uses.
(1)
See article 2, division 6 for all principal uses permitted by right in this zoning district.
(2)
See Section 2.4.2 for limitations on maximum residential occupancy.
c.
Conditional Uses. See article 2, division 6 for those principal uses permitted as a conditional use in this district. Each conditional use requires approval by the Board of Commissioners prior to its establishment. See Article 6 of this Ordinance for standards and procedures.
d.
Accessory Uses. See article 2, division 6 for all permitted accessory uses, and article 2, division 5 for limitations and specific regulations regarding particular accessory uses.
(Ord. of 5-10-96)
a.
Purpose. The R-2 single-family residential district is established to protect the existing areas of primary low density single family residential development and to provide for and encourage similar or complimentary type development in the future together with the associated recreational, educational and religious facilities.
b.
Permitted Principal Uses.
(1)
See article 2, division 6 for all principal uses permitted by right in this zoning district.
(2)
See Section 2.4.2 for limitations on maximum residential occupancy.
c.
Conditional Uses. See article 2, division 6 for those principal uses permitted as a conditional use in this district. Each conditional use requires approval by the Board of Commissioners prior to its establishment. See Article 6 of this Ordinance for standards and procedures.
d.
Accessory Uses. See article 2, division 6 for all permitted accessory uses, and article 2, division 5 for limitations and specific regulations regarding particular accessory uses.
(Ord. of 5-10-96)
a.
Purpose. The R-3 single-family residential district is established to protect the existing areas of primary low density single family residential development and to provide for and encourage similar or complimentary type development in the future together with the associated recreational, educational and religious facilities.
b.
Permitted Principal Uses.
(1)
See article 2, division 6 for all principal uses permitted by right in this zoning district.
(2)
See Section 2.4.2 for limitations on maximum residential occupancy.
c.
Conditional Uses. See article 2, division 6 for those principal uses permitted as a conditional use in this district. Each conditional use requires approval by the Board of Commissioners prior to its establishment. See Article 6 of this Ordinance for standards and procedures.
d.
Accessory Uses. See article 2, division 6 for all permitted accessory uses, and article 2, division 5 for limitations and specific regulations regarding particular accessory uses.
(Ord. of 5-10-96)
a.
Purpose. To establish and provide for a less restrictive type of residential development at higher densities, to protect existing multi-family residences, and to provide for their orderly development in the future.
b.
Permitted Principal Uses.
(1)
See article 2, division 6 for all principal uses permitted by right in this zoning district.
(2)
See Section 2.4.2 for limitations on maximum residential occupancy.
c.
Conditional Uses. See article 2, division 6 for those principal uses permitted as a conditional use in this district. Each conditional use requires approval by the Board of Commissioners prior to its establishment. See Article 6 of this Ordinance for standards and procedures.
d.
Accessory Uses. See article 2, division 6 for all permitted accessory uses, and article 2, division 5 for limitations and specific regulations regarding particular accessory uses.
(Ord. of 5-10-96)
a.
Purpose. To establish and provide for a less restrictive type of residential development at higher densities, to protect existing multi-family residences, and to provide for their orderly development in the future.
b.
Permitted Principal Uses.
(1)
See article 2, division 6 for all principal uses permitted by right in this zoning district.
(2)
See Section 2.4.2 for limitations on maximum residential occupancy.
c.
Conditional Uses. See article 2, division 6 for those principal uses permitted as a conditional use in this district. Each conditional use requires approval by the Board of Commissioners prior to its establishment. See Article 6 of this Ordinance for standards and procedures.
d.
Accessory Uses. See article 2, division 6 for all permitted accessory uses and article 2, division 5 for limitations and specific regulations regarding particular accessory uses.
(Ord. of 5-10-96)
a.
Purpose. The P district is established in order to provide areas where offices for professional and other businesses are allowed, separate from businesses where retail sale or services are provided directly to customers.
b.
Permitted Principal Uses. See article 2, division 6 for all principal uses permitted by right in this zoning district.
c.
Conditional Uses. See article 2, division 6 for those principal uses permitted as a conditional use in this district. Each conditional use requires approval by the Board of Commissioners prior to its establishment. See Article 6 of this Ordinance for standards and procedures.
d.
Accessory Uses. See article 2, division 6 for all permitted accessory uses, and article 2, division 5 for limitations and specific regulations regarding particular accessory uses.
(Ord. of 5-10-96)
a.
Purpose. Business districts are established to protect existing commercial use which provide goods and services primarily for local and surrounding trade area residents and to provide for their future development.
b.
Permitted Principal Uses. See article 2, division 6 for all principal uses permitted by right in this zoning district.
c.
Conditional Uses. See article 2, division 6 for those principal uses permitted as a conditional use in this district. Each conditional use requires approval by the Board of Commissioners prior to its establishment. See article 6 of this Ordinance for standards and procedures.
d.
Accessory Uses. See article 2, division 6 for all permitted accessory uses, and article 2, division 5 for limitations and specific regulations regarding particular accessory uses.
(Ord. of 5-10-96)
a.
Purpose. Business districts are established to protect existing commercial use which provide goods and services primarily for local and surrounding trade area residents and to provide for their future development.
b.
Permitted Principal Uses.
(1)
See article 2, division 6 for all principal uses permitted by right in this zoning district.
(2)
Within any retirement community building having three or more stories, the first or ground floor may contain any nonresidential use otherwise permitted within this zoning district. Such nonresidential uses shall be located entirely below all dwelling units, and shall not adversely affect the living environment of the dwelling portion of the building.
c.
Conditional Uses. See article 2, division 6 for those principal uses permitted as a conditional use in this district. Each conditional use requires approval by the Board of Commissioners prior to its establishment. See article 6 of this Ordinance for standards and procedures.
d.
Accessory Uses. See article 2, division 6 for all permitted accessory uses, and article 2, division 5 for limitations and specific regulations regarding particular accessory uses.
(Ord. of 5-10-96)
a.
Purpose. This district is established to protect existing industrial uses and to provide suitable land for and to encourage development of future industrial uses.
b.
Permitted Principal Uses.
(1)
See article 2, division 6 for all principal uses permitted by right in this zoning district.
(2)
Any storage use operated as a principal use on a property shall be contained entirely within a building or shall be screened from view by an opaque fence or freestanding wall no less than eight (8) feet in height.
c.
Conditional Uses.
(1)
See article 2, division 6 for those principal uses permitted as a conditional use. Each conditional use requires approval by the Board of Commissioners prior to its establishment. See Article 6 of this Ordinance for standards and procedures.
(2)
A conditional use may be approved by the Board of Commissioners upon finding that the proposed use will not be noxious or offensive by reason of emission or creation of odor, dust, fumes, gas, noise, vibration, or similar substances of conditions that would be detrimental to the public health, safety, or general welfare.
(3)
See section 2.4.3 for additional restrictions on junkyards and salvage yards.
(4)
See Section 2.4.4 for additional restrictions on adult uses.
d.
Accessory Uses.
(1)
See article 2, division 6 for all permitted accessory uses, and article 2, division 5 for limitations and specific regulations regarding particular accessory uses.
(2)
Any accessory outdoor storage area shall be screened from view by an opaque fence or freestanding wall no less than eight (8) feet in height.
e.
Prohibited Uses.
(1)
Heavy manufacturing, including but not limited to the manufacture or storage of:
(a)
Caustic or corrosive acids.
(b)
Cement, lime, clay, gypsum or plaster.
(c)
Chlorine or other noxious gasses.
(d)
Explosives.
(e)
Fertilizer or glue.
(f)
Products involving hair or fur.
(2)
Distillation of bones.
(3)
Drop forge industries using power hammers.
(4)
Landfills.
(5)
Petroleum refining.
(6)
Processing of sauerkraut, vinegar or yeast.
(7)
Rendering or refining of fats and oils.
(8)
Slaughterhouse.
(9)
Stockyard or animal feeding pens.
(Ord. of 5-10-96)
All single-family detached and two-family dwellings shall meet or exceed the following requirements:
a.
Each dwelling shall be connected to a potable water supply and sanitary sewage disposal system approved by the Pulaski County Health Department.
b.
Foundation:
(1)
The structure shall be attached to a permanent foundation constructed in accordance with the Building Code.
(2)
Upon placement, all means of transportation, such as chassis, towing devices, wheels, axles, and hitches, shall have been removed.
(3)
The area beneath the structure shall be enclosed around the exterior of the structure with masonry, including but not limited to brick, concrete, or rock, penetrated by openings only for installed vents and access doors.
c.
Exterior siding: Exterior siding materials shall consist of wood, brick, stone, concrete, stucco, or similar materials, or lap siding of Masonite, metal, vinyl or similar materials, or any combination of the above.
d.
Roofs:
(1)
All roof surfaces shall have a minimum pitch of 4:12 (4 inches of rise for every 12 inches of run), except that mansard and gambrel roofs must meet this requirement only for those surfaces that rise from the eaves.
(2)
All roof surfaces exposed to view shall be covered with asphalt or fiberglass shingles, wood shakes or shingles, standing seam (noncorrugated) tin, clay tiles, slate, or similar materials.
e.
The minimum width of the structure shall be greater than twenty-four (24) feet.
f.
The Building Inspector may approve deviations from the requirements of this Section on the basis of a finding that the materials to be utilized or the architectural style proposed for the dwelling unit will be compatible with and harmonious or superior to existing structures in the vicinity, and that such deviation shall be consistent with the intent of these regulations.
g.
The dwelling shall be constructed in accordance with all applicable requirements of the Building Code as adopted by the City, or in accordance with standards established by the National Manufactured Housing Construction and Safety Standards Act for manufactured homes, or the Georgia Industrialized Buildings Act for residential industrialized buildings.
h.
All portions of the structure shall be manufactured or constructed on site with the original intent of combination into a single structure.
(Ord. of 5-10-96)
No dwelling unit containing a gross floor area of eight hundred (800) square feet or less shall be occupied by more than four (4) people, and dwelling units containing more than eight hundred (800) square feet but not more than one thousand two hundred (1,200) square feet shall not be occupied by more than seven (7) people. Dwelling units containing gross floor area in excess of one thousand two hundred (1,200) square feet may have one additional occupant for each five hundred (500) square feet of gross floor area in excess of one thousand two hundred (1,200) square feet.
(Ord. of 5-10-96)
a.
No junkyard or salvage yard shall be permitted closer than three hundred (300) feet to any single-family or multi-family residential zoning district.
b.
All outdoor storage, salvage, or wrecking operations shall be conducted within an area entirely enclosed by an opaque fence or wall, except driveway areas.
c.
Fences or walls shall be not less than eight (8) feet in height. Storage between such fence or wall and the street or property lines is expressly prohibited.
d.
Any fence or wall erected for screening purposes shall be properly painted or otherwise maintained in good condition.
(Ord. of 5-10-96)
a.
Adult uses may be permitted in an I Industrial zoning district as a conditional use upon approval by the Board of Commissioners, provided that the following location requirements must be complied with:
b.
No adult use shall be located as follows:
(1)
Within five hundred (500) feet of the lot line of a private residential dwelling.
(2)
Within five hundred (500) feet of the lot line of any public library.
(3)
Within five hundred (500) feet from the lot line of any church, synagogue, shrine, chapel or mortuary, or other place used for religious services.
(4)
Within one thousand (1,000) feet of the lot line of any school or college campus. The schools and colleges referred to herein shall include only such public, private or church-supported schools as teach the subjects commonly taught in the common schools and colleges of this state and shall not include private schools or colleges wherein only specialized subjects such as law, stenography, business, music, art, vocational occupational, and other special subjects are taught.
c.
The Board of Commissioners may deny the conditional use when there is evidence that the type and number of schools, churches, synagogues, libraries, public or private recreation facilities, public businesses and residential developments in the vicinity of the location of the proposed adult use causes minors to frequent the immediate area, even though there is compliance with the minimum distances as provided herein.
d.
The distance restrictions set out above shall apply in any and all directions from the lot line of the proposed adult use at the point closest to the lot line of the other property, as measured in a straight line to the point on the lot line of the other property that is located closest to the lot line of the proposed adult use property. This distance shall be verified by plat showing distances furnished by the applicant, prepared by a land surveyor registered in the State of Georgia. This plat shall accompany and be made part of the application for a special exception.
e.
Nothing contained herein shall be construed to authorize or legalize the selling, lending, renting, leasing, giving, advertising, publishing or other dissemination to any person or person, any book, magazine, movie film, still picture or any other written material, pornographic matter, novelty, device or related sundry item which is obscene material under the law of the State of Georgia.
f.
Nothing contained herein shall be construed to authorize or legalize any act of prostitution, sodomy, solicitation for sodomy, masturbation for hire or distribution of obscene materials, as those acts are defined by the laws of the State of Georgia.
(Ord. of 5-10-96)
No accessory use or structure shall be allowed on any lot except in relation to an existing principal use on the lot.
(Ord. of 10-5-96)
Each of the following uses is considered to be a customary accessory use to a dwelling and may be situated on the same lot with the principal use to which it serves as an accessory:
a.
Private garage not to exceed the following storage capacities; one or two-family dwelling, four (4) automobiles; multi-family dwelling, two (2) automobiles per dwelling unit; group dwelling, one and one-half (1½) automobiles per sleeping room.
b.
Open storage space or parking area for motor vehicles provided that such space does not exceed the maximum respective storage capacities listed above; and provided that such space shall not be used for more than 1 commercial vehicle licensed as 1 ton or more in capacity per family residing on the premises.
c.
Shed or tool room for the storage of equipment used in grounds or building maintenance.
d.
Children's playhouse and play equipment.
e.
Quarters for the keeping of pets owned by occupants for non-commercial purposes provided that such use does not generate a nuisance to adjoining properties.
f.
Private swimming pool and bathhouse or cabana.
g.
Structures designed and used for purposes of shelter in the event of man-made or natural catastrophes.
(Ord. of 5-10-96)
A home occupation shall be a permitted use in any occupied dwelling unit or a related accessory structure in any zoning district. The following provisions and limitations shall apply to any home occupation.
a.
Permitted activities. Any of the following group of activities may be engaged in by persons who reside on the premises of the home occupation and who are appropriately qualified and licensed, including business licenses where required:
(1)
Professional. This shall include activities normally practiced by members of the medical and legal professions, designers and consultants in a variety of fields such as architecture, engineering and accounting.
(2)
Artistic. This group shall include activities such as teaching, creation and production by professional artists, sculptors, craftspeople (craftmakers), musicians, writers and others who produce work on the premises for individual purchases, as differentiated from mass production or manufacturing.
(3)
Business. This includes commercial trade activities such as those conducted by a manufacturer's representative or telephone salesperson, but not involving the delivery of goods or services directly to customers on the premises.
(4)
Family day care home. This is limited to day care activities in single-family detached dwellings specifically defined as a "family day care home" in this Ordinance, and in compliance with all applicable state laws, including operator registration. A current and certified copy of the operator's state family day care home registration shall be filed with the operator's business license application and each year's business license renewal application.
b.
Limitations.
(1)
Size and location.
(a)
Not more than twenty-five (25) percent or seven hundred fifty (750) square feet, whichever is less, of the gross floor area of the dwelling unit shall be used for all of the activities devoted to the home occupation.
(b)
Accessory buildings and structures may be used for the home occupation, but in no case shall the total area of the accessory structure devoted to such use be greater than five hundred (500) square feet.
(c)
If parts of the dwelling unit and an accessory structure are devoted to a home occupation, no more than one thousand (1,000) square feet of combined gross floor area shall be used for such activity, including no more than twenty-five (25) percent of the gross floor area of the dwelling unit.
(d)
There shall be no activity or display associated with the home occupation outside of any building or structure which is not normally associated with a residential environment. Outdoor play areas for family day care homes shall be restricted to the side or rear of the residence away from any public street.
(e)
No home occupation family day care home may be located less than three thousand (3,000) feet in any direction from any other such family day care home operated as a home occupation.
(2)
Signs. There shall be no signs identifying the home occupation.
(3)
Activity controls.
(a)
Sales. There shall be no exchange of merchandise of any kind on the premises except for those products produced on the premises as a direct result of the home occupation.
(b)
Transfer of goods. There shall be no reshipment of any goods, products or commodities received on the premises.
(c)
Personal services. There shall be no activities on the premises that are associated with personal service occupations such as a barber shop, beauty shop, hairdresser or similar activities.
(d)
Employees. There shall be no associates or employees on the premises.
(e)
Outsiders and nonresidents on the premises.
1.
There shall not be more than two (2) nonresident persons on the premises at the same time in conjunction with the home occupation whether they are students, clients, patients or customers, except for family day care homes, which permit up to six (6) nonresident persons, and except as provided in subsection (c)(5)(b) of this section.
2.
There shall be no assemblies of people for any purpose except for gatherings and receptions held to display the products or work produced on the premises which may be held not more than three (3) times in any twelve (12) consecutive months.
(4)
Parking. All parking required for the conduct of the home occupation shall be provided on the property, and shall not be located within any minimum required front yard.
(5)
Operating requirements. Each home occupation shall conform to all of the operating requirements of this division, including the provisions which establish performance standards.
(Ord. of 5-10-96)
All fences and freestanding walls shall present a finished and attractive surface to the exterior of the lot.
(Ord. of 5-10-96)
All swimming pools shall be enclosed by a fence that is at least five (5) feet in height and maintained in good condition with a gate and lock. The fencing shall be located so as to not obstruct visibility at road intersections.
(Ord. of 5-10-96)
a.
The following merchandise or goods may be located in outdoor display areas on a permanent basis (where the use is otherwise permitted):
(1)
Motorized vehicles.
(2)
Power boats and sailboats.
(3)
Manufactured homes and utility buildings.
(4)
Plant nursery items.
b.
All other outdoor display of merchandise or goods shall be conducted on a temporary basis associated with special sales promotions. Such display shall be for a period not to exceed thirty (30) days, and shall not occur more often than three (3) times per year.
c.
Any area outside of a building where merchandise or goods are located but which is permanently screened by a fence or freestanding wall at least six (6) feet in height shall not be considered an outdoor display area.
(Ord. of 5-10-96)
A residence for a night watchman, approved as a conditional use accessory to a business or industrial operation, may be any of the following:
a.
A single-family dwelling.
b.
A Class A Manufactured Home.
c.
A Class B Manufactured Home.
d.
Located within a commercial or industrial structure.
(Ord. of 5-10-96)
Principal uses that are permitted in each zoning district by right, permitted accessory uses, and uses permitted under conditional approval are shown on the following table.
Any use not shown as permitted in a zoning district is specifically prohibited. Further restrictions that apply to specific uses are indicated under each zoning district under article 2, division 3. Certain restrictions that apply to specific principal uses are contained under article 2, division 4, while additional restrictions on certain accessory uses and structures are contained under article 2, division 5.
List of Permitted Uses
(Ord. of 5-10-96; Ord. No. 2011-5, 7-11-11; Ord. No. 2016-1, § 2, 6-6-16; Ord. No. 2025-4, § 1, 9-8-25)
The Historic District Overlay (HD) is hereby created with the following purposes:
a.
To provide for the enhanced development of the city's historic district (as defined in city code section 5-82) while implementing safeguards and protections; and
b.
To protect the historic district from incompatible and inappropriate development.
c.
The Historic District Overlay (HD) shall serve as an overlay district that applies additional standards and requirements to properties located within an underlying zoning district. Proposed developments located within this zoning district shall comply with these requirements and the requirements of the underlying zoning district and any other overlay districts that apply to lands within this zone. In the case of conflicting standards and requirements, the more stringent standards and requirements shall apply.
(Ord. No. 2021-2, 10-4-21)
Within the HD overlay, residential units are permitted subject to the following regulations:
a.
Residential units shall be permitted on the second (or higher) floors of properties within the district;
b.
A side or rear entrance must be provided for any single structure containing three (3) or more residential units;
c.
Plans for the construction or conversion of residential units prepared by a licensed architect shall be submitted to and approved by the city manager, fire chief, the building inspector, and the Hawkinsville Historic Preservation Board prior to construction and the issuance of permits; and
d.
Outside garbage containers must be screened from public view.
(Ord. No. 2021-2, 10-4-21)
Within the historic district overlay, the following uses shall be prohibited:
a.
"Adult uses" as that term is defined in Article VIII of the City's Unified Land Development Regulations;
b.
Pawn shops;
c.
Auto repair shops;
d.
Tattoo establishments;
e.
Vape or smoke shops;
f.
Smoking lounges; and
g.
Establishments selling alcoholic beverages for consumption on the premises that fail to generate at least fifty (50) percent of annual gross revenues from the sale of food (or other nonalcohol products); provided, however, that this provision shall not apply to breweries, brew pubs, wineries or distilleries licensed by the State of Georgia.
USE OF LAND AND STRUCTURES
Editor's note— Ord. No. 2021-2, adopted Oct. 4, 2021, did not specify manner of inclusion, hence, codification as Div. 7, §§ 2.7.1—2.7.3 was at the discretion of the editor.
The purpose of this article is to describe the specific uses to which land and structures may be put in the various zoning districts within the city.
(Ord. of 5-10-96)
Accessory use or structure: A use or structure that is permitted on a property in conjunction with a principal use.
Adult use: Any building or structure or portion of any building or structure used or intended to be used for an adult store, adult entertainment establishment, or adult theater.
a.
Adult store: A business establishment that contains or is used for the display or sale of books, magazines, videos, movie films, still pictures, and any and all other written materials, novelties, devices, and related sundry items, which are distinguished or characterized by their emphasis on matters depicting, describing, or related to specified sexual activities or specified anatomical areas, as defined below; or an establishment with a segment or section devoted to the sale or display of such material constituting a majority of its retail value of stock displayed for sale or a majority of the monthly gross receipts of the business.
b.
Adult entertainment establishment: A business where the patron is afforded a view of specified anatomical areas or specified sexual activities as defined below of or involving employees, or where the patron otherwise views the modeling of undergarments, dance routines, strip performances, or other gyrational choreography provided by the establishment that appeals to the prurient interest of the patron.
c.
Adult theater: A business that offers the viewing of recorded performances or activities by others, whether such performances are in the form of motion pictures, videos, slide shows, or other forms of photographic or visual display, which are distinguished or characterized by an emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas as defined below.
d.
Specified anatomical areas: Human genitals and pubic regions, buttocks, female breast below a point immediately above the top of the areola if less than completely and opaquely covered, and human male genitals in a discernibly turgid state, even if completely and opaquely covered.
e.
Specified sexual activities: Acts of human masturbation, sexual intercourse, sodomy or any acts of bestiality, and fondling or other erotic touching of human genitals, pubic region, buttock or breast of either male or female.
Agriculture: All agricultural pursuits including but not limited to field crop farming; forestry; dairying and pasturage; poultry husbandry; plant nursery; and livestock breeding, raising and care.
Amusement place: A business establishment providing leisure entertainment such as, but not limited to, video games or other coin-operated amusement devices, billiard and pool halls, and miniature golf, but excluding adult uses.
Automobile service station: Buildings and premises where gasoline or diesel fuel is dispensed at retail, and where in addition at least one of the following services is rendered:
a.
Sale, installation, or servicing of spark plugs, batteries, distributors, tires, carburetors, brakes, fuel pumps, or other automotive parts or accessories;
b.
Replacement of water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, mirrors, and the like;
c.
Engine tune-up, radiator cleaning and flushing, or greasing and lubrication.
d.
Uses permissible at an automobile service station shall not include major mechanical and body work, straightening of body parts, painting, welding, or storage of automobiles not in operable condition. See "Automotive Service Establishment" where such activities are allowed.
Automobile wrecking yard: The dismantling, storage, sale or dumping of used, wrecked, damaged or inoperable motor vehicles, trailers or parts thereof.
Automotive sales. The use of any building, land area or other premises for the display and sale of new or used motorized vehicles such as automobiles, panel trucks or vans, motorcycles, busses, boats, or recreation vehicles, and which may include any warranty repair work and other repair service conducted as an accessory use.
Automotive service establishment. A business principally engaged in the repair of automobiles or other motorized vehicles, or the installation or repair of equipment or parts on motorized vehicles such as mufflers, brakes, tires, radios, transmissions, and engines or engine parts.
Bed and breakfast facility: A business establishment operated within a dwelling by the owner-occupant, offering temporary lodging to the traveling public while away from their normal places of residence, and containing no more than seven (7) bedrooms available for temporary lodging. See also "Hotel" and "Motel."
Board of Commissioners: The Board of Commissioners of Hawkinsville, Georgia.
Boarding house: A building where by pre-arrangement for periods exceeding one week, meals and lodging are provided for not more than ten (10) persons.
Building: Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind.
Building materials sales: an establishment offering lumber or other construction materials used in buildings for sale to contractors or the general public.
Car wash: Any building or premises or portions thereof dedicated to use for washing automobiles; whether by hand or mechanical means.
Clinic: An establishment where medical or dental patients who are not lodged overnight, are admitted for examination or treatment.
Club or fraternal organization: Buildings and facilities owned or operated by an association or persons for a social or recreational purpose, but not operated primarily for profit.
Commercial parking lot: An area or structure dedicated to the temporary storage of automobiles or other vehicles for periods of less than twenty-four (24) hours for a fee, operated as the principal use of the property or structure.
Commercial recreation: A business offering leisure sports facilities such as a bowling alley, skating rink, commercial golf course or driving range, softball fields, batting cages, health clubs, and fitness centers.
Community recreation facility: A swimming pool, tennis court or other recreation facility owned by or provided for the use of the residents of a subdivision, apartment project, or other residential development.
Conditional use: A use that may be compatible with other uses in a zoning district under certain circumstances or with special restrictions. Establishment of a conditional use on a property requires approval by the Board of Commissioners in accordance with the procedures in this Ordinance.
Convenience gas station: A building or premises where gasoline, diesel fuel and oil may be dispensed at retail with no automobile repair facilities. Uses permissible also include the sale of cold drinks, packaged foods, tobacco and similar household convenience goods for station customers.
Crematory: An establishment where bodies of dead people are cremated.
Daycare center: An establishment that is required to be licensed by the State of Georgia as a "group care home" or a "day care center," as defined by regulations of the State of Georgia, which enrolls for pay, supervision and non-medical care, seven (7) or more children or adults.
Drive-in theater: See "Theater, Drive-In."
Dwelling: A building or portion of a building arranged or designed to provide living quarters for one or more families.
a.
Single-family dwelling: A residential building, whether site-built or a manufactured home or an industrialized building, designed for or occupied exclusively by one family and meeting or exceeding the Standards for Single-Family and Two-Family Dwellings under Section 2.4.1 of this Ordinance.
b.
Two-family dwelling: A residential building designed for or occupied exclusively by two (2) families in separate dwelling units living independently of each other on a single lot, and meeting or exceeding the Standards for Single-Family and Two-Family Dwellings under Section 2.4.1 of this Ordinance.
c.
Multi-family dwelling: A residential building exclusively designed for or occupied by three (3) or more families in separate dwelling units living independently of each other.
d.
Group dwelling: A building or portion of a building occupied or intended for occupancy by several unrelated persons or families as their normal place of residence, but in which separate cooking facilities are not provided for such resident persons or families. The term "group dwelling" includes but is not limited to the terms "rooming house," "apartment hotel," "fraternity house" or "sorority house." A hotel, motel or bed and breakfast facility shall not be deemed to be a group dwelling as herein defined.
Dwelling unit: One or more rooms connected together and constituting a separate, independent housekeeping establishment for use on a basis involving owner occupancy or rental or lease on a weekly, monthly or longer basis, with provisions for cooking, eating and sleeping, and physically set apart from any other rooms or dwelling units in the same structure.
Farm equipment sales: A business specializing in the sale of tractors and other machinery normally associated with agricultural operations in the production of crops or the raising of poultry or livestock.
Fast food restaurant: Any establishment, building or structure where food or drink are served for consumption, either on or off the premises, by order from or service to persons either over an interior counter, outside the structure or from an outdoor service window or automobile service window, or by delivery. This definition shall not include otherwise permitted restaurants where outdoor table service is provided to customers in established outdoor dining areas.
Family: An individual or two (2) or more persons living together as a household.
Family day care home: An accessory use within a private residence, licensed by or registered with the State of Georgia as a family day care home, operated by the occupant of the dwelling who enrolls for pay, for supervision and care, three but not more than six (6) children or adults.
Fence: An artificially constructed barrier of wood, wire, wire mesh, or decorative metal erected to enclose, screen or separate portions of a lot.
Freestanding wall: An artificially constructed barrier of brick or stone, singly or in combination with decorative metal, erected to enclose, screen or separate portions of a lot.
Funeral home: A building used for the preparation of deceased human beings for services or burial, and ceremonies connected therewith before burial or cremation.
Greenhouse: A building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of plants for subsequent sale or for personal enjoyment.
Guest House: An accessory use to a dwelling designed and intended for the temporary housing of visitors to a property at the behest of the property residents for no fee or other consideration.
Home occupation: Any activity carried out for profit by the resident and conducted as an accessory use in the resident's dwelling unit.
Hotel: A business establishment offering temporary lodging to the traveling public while away from their normal places of residence, and in which ingress and egress to and from the rooms are made primarily through an inside lobby. See also "Bed and Breakfast facility" and "Motel."
Hospital: A building providing primary or tertiary health services and medical or surgical care to persons including in-patients and out-patients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including as an integral part of the institution, related facilities such as laboratories, out-patient facilities or training facilities.
Industrialized building: Any structure or component thereof which is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly and installation on a building site and has been manufactured in such a manner that all parts or processes cannot be inspected at the installation site without disassembly, damage to, or destruction thereof. Industrialized buildings are constructed and regulated in accordance with O.C.G.A. Title 8, Chapter 2, Article 2, Part 1, §§ 8-2-110 through 8-2-121, as the same may be hereafter amended.
Junkyard or salvage yard: A lot, land or structure or part thereof, used primarily for the collecting, storage or sale of waste paper, rags, scrap metal or other discarded material; and for the collecting, dismantling, storage, or salvage of machinery or vehicles not in running condition, or for the sale of parts thereof.
Kennel: A shelter where dogs or cats are bred, raised, trained or boarded as a business.
Manufactured home: A structure, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet in floor area, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; or otherwise comes within the definition of a "manufactured home" under the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended (42 U.S.C. 5401-5445).
a.
Class A manufactured home: A manufactured home that meets or exceeds the Standards for Single-Family and Two-Family Dwellings under Section 2.4.1 of this Ordinance. A Class A Manufactured Home shall be considered a Single-Family Dwelling.
b.
Class B manufactured home: A manufactured home that does not meet the Standards for Single-Family and Two-Family Dwellings under Section 2.4.1 of this Ordinance.
Manufactured home park: Any lot under single ownership on which two (2) or more manufactured homes are be located or intended to be located for purposes residential occupancy.
Manufactured home sales lot: A premises on which manufactured homes are displayed for sale.
Manufacturing: The creation of finished goods from rate materials or intermediate component parts.
a.
Heavy manufacturing: The extraction of natural resources or the transformation of raw material through mechanical or chemical means into basic products for subsequent assembly, fabrication or use in the production of finished goods.
b.
Light manufacturing: The finishing, fabrication or assembly of previously manufactured parts into a final product or component products ready for retail sale.
Mini-warehouse: A structure containing separate storage spaces of varying sizes leased or rented on an individual basis.
Mobile home: A manufactured home.
Motel: A business establishment offering temporary lodging to the traveling public while away from their normal places of residence, and in which ingress and egress to and from the rooms are made primarily direct from an exterior walkway rather than from an inside lobby. See also "Bed and Breakfast facility" and "Hotel."
Nursery school: See "Daycare Center."
Nursing home: An extended or intermediate care facility required to be licensed or approved by the State of Georgia to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.
Office: A room or group of rooms used for conducting the affairs of a business, profession, service, industry or government.
Office building: A building used primarily for conducting the affairs of a business, profession, service, industry or government, or like activity, that may include ancillary services for office workers such as a restaurant, coffee shop, newspaper or candy stand.
Outdoor display area: A portion of a property outside of any building where merchandise, goods or other items are placed in public view for the purpose of advertising or for sale or lease.
Outdoor storage: The keeping within an unroofed area of any goods, material, merchandise or vehicles in the same place for more than twenty-four (24) hours.
Parking area or lot: Any public or private area at grade or within a structure used for the express purpose of temporarily parking automobiles and other vehicles otherwise in operation for personal or business use.
Parking garage: An accessory building or portion of a principal building used only for the private storage of motor vehicles as an accessory use. See also "Commercial Parking Lot."
Plant nursery: Land or greenhouses used to raise flowers, shrubs, trees, and other plants for sale to distributors or for subsequent replanting by the owner, a landscape company or others.
Premises: An area of land with its appurtenances and buildings which, because of its unity of use, is one unit of real estate.
Principal building: A building in which is conducted a principal use.
Principal use: The specific, primary purpose for which land or a building is used.
Prohibited use: A use that is not permitted in a zoning district by right, as an accessory use, or as a conditional use.
Recreation facility: An accessory use to a dwelling designed and equipped for the conduct of personal leisure time activities such as a swimming pool, tennis court, deck, or patio. See also "Commercial Recreation" and "Community Recreation Facility."
Recycling center: A use operated exclusively for the collection and temporary storage of used paper, glass, metal, and similar materials suitable for reprocessing, which are transported elsewhere for separating, processing, or storage.
Rental services establishment: Any business establishment which rents or leases items of personal property such as tools, appliances, and equipment to the general public.
Restaurant: An establishment where food and drink are prepared to individual order, ordered and served at the table, and consumed primarily within the principle building, as contrasted to a fast food restaurant.
Retail sales business: An establishment principally engage in offering a category of similar goods or products for sale to the general public, such as a grocery store hardware store, pharmacy, clothing shop, home furnishings store, office supplies store, and the like.
Retail services business: An establishment principally engaged in providing a service, as opposed to products to the general public, such as a banking or financial institution, real estate or insurance office, barber or beauty shop, travel agency, amusement or recreation center, health clinic, legal firm, professional service and the like.
Retirement community: An age-restricted residential development in a multi-family dwelling that offers significant services and facilities for the elderly including social and recreational activities, personal care services, or health facilities limited to use by the development's residents. At least eighty (80) percent of the units must be occupied by residents sixty-two (62) years old or older, and the remaining units must be occupied by at least one resident fifty-five (55) years old or older.
Roadside stand: A structure for the shelter, display and sale of agricultural products produced on the premises, with no space for customers within the structure itself.
School: A facility used for education or instruction in any branch of knowledge.
a.
Academic school: Any building or part thereof which is designed, constructed or used for education or instruction following the same curriculum offered in a public elementary, secondary, trade or technical, or higher education facility, and accredited to award diplomas as such.
b.
Commercial school: Any building or part thereof which is designed, constructed or used for education or instruction in any branch of knowledge or vocational pursuit, other than an academic school.
Semipublic use: A use owned or operated by a nonprofit, religious, or eleemosynary institution for the purpose of providing educational, cultural, recreational, religious, or social services to the general public.
Storage: The placement, keeping, or retention of vehicles, equipment, materials, goods, or products on a temporary basis for intermittent use or subsequent distribution or transfer.
Structure: Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Among other things, structures include but are not limited to buildings, driveways, parking lots, walls, fences, signs, and swimming pools.
Temporary use: A use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.
Theater: A building or part of a building devoted to showing motion pictures, or for dramatic, musical or live performances.
Theater, drive-in: An open lot with its appurtenant facilities devoted primarily to the showing of motion pictures or theatrical productions to patrons seated in automobiles.
Travel trailer: A motorized camper, converted bus, tent trailer, motor home, or other similar vehicular or portable structure used or designed for temporary portable housing or occupancy while on vacation or other recreational trip and provided with sleeping accommodations.
Truck loading docks: A portion of a building designed for the loading and unloading of trucks.
Truck terminal: A building or premises where trucks load and unload cargo and freight and where the cargo and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation.
Use: The purpose for which land or a building or other structure is designed, arranged or intended or for which it is or may be occupied or maintained. See also "Principal Use" and "Accessory Use or Structure."
Utility company: A private business providing electricity, natural gas, telephone, or other services under the regulation of the Georgia Public Services Commission.
Veterinarian: A veterinary hospital or clinic providing medical care and treatment for animals.
a.
Large animal veterinarian: A place where horses, cattle, sheep or other animals normally kept in agricultural settings are given medical or surgical treatment and the boarding of animals is limited to short-term care.
b.
Small animal veterinarian: A place where dogs, cats, birds or other animals normally kept as household pets are given medical or surgical treatment and the boarding of animals is limited to short-term care.
Warehouse: A building used primarily for the storage of goods and materials. See also "Mini-Warehouse."
Wholesale trade establishment: A place of business primarily engaged in selling merchandise to retailers to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
(Ord. of 5-10-96; Ord. No. 2016-1, § 1, 6-6-16)
a.
The boundaries of the various districts shall be shown upon the official zoning map of Hawkinsville, Georgia. The Official Zoning Map is hereby made a part of this Ordinance, and all notations, references and other information shown thereon shall be a part of this Ordinance as if set forth herein.
b.
The Official Zoning Map, as adopted by the Board of Commissioners and subsequently amended from time to time by its action, shall be maintained as so revised by the Zoning Administrator.
(Ord. of 5-10-96)
a.
Changes Due To Map Amendment. No changes of any nature shall be made on the Official Zoning Map or matter shown thereon except in conformity with amendments to the map approved by the Board of Commissioners.
b.
Changes Due To Annexation. Where city limit boundaries change by virtue of annexation, the following provisions shall apply:
(1)
The land area so incorporated through annexation shall be initiated for zoning approval upon the effective date of the annexation. The area shall be classified in the zoning category deemed most appropriate by the Board of Commissioners through the procedures for rezoning contained in article 6, division 2 of this Ordinance.
(2)
No building permit or development permit may be issued on newly annexed land until such time as the zoning classification has been established by the Board of Commissioners.
(3)
Any use existing at the time of annexation approval may continue, but no such use shall be expanded and no new use shall be created until the Board of Commissioners approve a zoning classification on the property. Any use of the property after zoning approval shall be in conformity with this Ordinance.
(Ord. of 5-10-96)
a.
The boundaries of the districts as shown on the Official Zoning Map shall be determined on the basis of the legal descriptions associated with approved zoning petitions, or, lacking such legal descriptions, on the basis of the location of the boundary as depicted on the Official Zoning Map along with any dimensions shown.
b.
Where uncertainty exists with respect to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:
(1)
Unless otherwise indicated, the district boundary lines are center lines of streets or such lines extended, lot or property lines, a line lying in the center of a stream or drainage way, or the city limits of Hawkinsville.
(2)
Where a district boundary line parallels a street right-of-way or discernible topographic feature, the distance shall be scaled from the Official Zoning Map.
(3)
Where a district boundary line divides a lot which is of single ownership at the time of the effective date of this Ordinance, the zoning classification of the larger portion may be extended to the remainder without recourse to amendment procedure.
(4)
In the event the exact location of a boundary cannot be determined by the foregoing methods, the Board of Commissioners shall, upon application, determine the location of the boundary.
(5)
Where a public road, street, alley or other right-of-way is officially vacated or abandoned, the regulations applicable to the property to which it is reverted shall apply to such vacated or abandoned road, street, alley or right-of-way.
(Ord. of 5-10-96)
For the purposes of this Chapter, the following zoning districts are established:
A-1 Agricultural District
R-1 Single-Family Residential District
R-2 Single-Family Residential District
R-3 Single and Two-Family Residential District
R-4A Multiple Family Residential District
R-4 Multiple Family Residential District
P Professional District
B-1 Business District
B-2 Business District
I Industrial District
(Ord. of 5-10-96)
a.
Purpose. The A-1 district is established to preserve certain land areas for agricultural use; to discourage non-agricultural development so as to provide areas of open space; and to provide building sites for future urban development.
b.
Permitted Principal Uses.
(1)
See article 2, division 6 for all principal uses permitted by right in this zoning district.
(2)
See section 2.4.2 for limitations on maximum residential occupancy.
c.
Conditional Uses. See article 2, division 6 for those principal uses permitted as a conditional use in this district. Each conditional use requires approval by the Board of Commissioners prior to its establishment. See Article 6 of this Ordinance for standards and procedures.
d.
Accessory Uses. See article 2, division 6 for all permitted accessory uses, and article 2, division 5 for limitations and specific regulations regarding particular accessory uses.
(Ord. of 5-10-96)
a.
Purpose. The R-1 single-family residential district is established to protect the existing areas of primary low density single family residential development and to provide for and encourage similar or complimentary type development in the future together with the associated recreational, educational and religious facilities.
b.
Permitted Principal Uses.
(1)
See article 2, division 6 for all principal uses permitted by right in this zoning district.
(2)
See Section 2.4.2 for limitations on maximum residential occupancy.
c.
Conditional Uses. See article 2, division 6 for those principal uses permitted as a conditional use in this district. Each conditional use requires approval by the Board of Commissioners prior to its establishment. See Article 6 of this Ordinance for standards and procedures.
d.
Accessory Uses. See article 2, division 6 for all permitted accessory uses, and article 2, division 5 for limitations and specific regulations regarding particular accessory uses.
(Ord. of 5-10-96)
a.
Purpose. The R-2 single-family residential district is established to protect the existing areas of primary low density single family residential development and to provide for and encourage similar or complimentary type development in the future together with the associated recreational, educational and religious facilities.
b.
Permitted Principal Uses.
(1)
See article 2, division 6 for all principal uses permitted by right in this zoning district.
(2)
See Section 2.4.2 for limitations on maximum residential occupancy.
c.
Conditional Uses. See article 2, division 6 for those principal uses permitted as a conditional use in this district. Each conditional use requires approval by the Board of Commissioners prior to its establishment. See Article 6 of this Ordinance for standards and procedures.
d.
Accessory Uses. See article 2, division 6 for all permitted accessory uses, and article 2, division 5 for limitations and specific regulations regarding particular accessory uses.
(Ord. of 5-10-96)
a.
Purpose. The R-3 single-family residential district is established to protect the existing areas of primary low density single family residential development and to provide for and encourage similar or complimentary type development in the future together with the associated recreational, educational and religious facilities.
b.
Permitted Principal Uses.
(1)
See article 2, division 6 for all principal uses permitted by right in this zoning district.
(2)
See Section 2.4.2 for limitations on maximum residential occupancy.
c.
Conditional Uses. See article 2, division 6 for those principal uses permitted as a conditional use in this district. Each conditional use requires approval by the Board of Commissioners prior to its establishment. See Article 6 of this Ordinance for standards and procedures.
d.
Accessory Uses. See article 2, division 6 for all permitted accessory uses, and article 2, division 5 for limitations and specific regulations regarding particular accessory uses.
(Ord. of 5-10-96)
a.
Purpose. To establish and provide for a less restrictive type of residential development at higher densities, to protect existing multi-family residences, and to provide for their orderly development in the future.
b.
Permitted Principal Uses.
(1)
See article 2, division 6 for all principal uses permitted by right in this zoning district.
(2)
See Section 2.4.2 for limitations on maximum residential occupancy.
c.
Conditional Uses. See article 2, division 6 for those principal uses permitted as a conditional use in this district. Each conditional use requires approval by the Board of Commissioners prior to its establishment. See Article 6 of this Ordinance for standards and procedures.
d.
Accessory Uses. See article 2, division 6 for all permitted accessory uses, and article 2, division 5 for limitations and specific regulations regarding particular accessory uses.
(Ord. of 5-10-96)
a.
Purpose. To establish and provide for a less restrictive type of residential development at higher densities, to protect existing multi-family residences, and to provide for their orderly development in the future.
b.
Permitted Principal Uses.
(1)
See article 2, division 6 for all principal uses permitted by right in this zoning district.
(2)
See Section 2.4.2 for limitations on maximum residential occupancy.
c.
Conditional Uses. See article 2, division 6 for those principal uses permitted as a conditional use in this district. Each conditional use requires approval by the Board of Commissioners prior to its establishment. See Article 6 of this Ordinance for standards and procedures.
d.
Accessory Uses. See article 2, division 6 for all permitted accessory uses and article 2, division 5 for limitations and specific regulations regarding particular accessory uses.
(Ord. of 5-10-96)
a.
Purpose. The P district is established in order to provide areas where offices for professional and other businesses are allowed, separate from businesses where retail sale or services are provided directly to customers.
b.
Permitted Principal Uses. See article 2, division 6 for all principal uses permitted by right in this zoning district.
c.
Conditional Uses. See article 2, division 6 for those principal uses permitted as a conditional use in this district. Each conditional use requires approval by the Board of Commissioners prior to its establishment. See Article 6 of this Ordinance for standards and procedures.
d.
Accessory Uses. See article 2, division 6 for all permitted accessory uses, and article 2, division 5 for limitations and specific regulations regarding particular accessory uses.
(Ord. of 5-10-96)
a.
Purpose. Business districts are established to protect existing commercial use which provide goods and services primarily for local and surrounding trade area residents and to provide for their future development.
b.
Permitted Principal Uses. See article 2, division 6 for all principal uses permitted by right in this zoning district.
c.
Conditional Uses. See article 2, division 6 for those principal uses permitted as a conditional use in this district. Each conditional use requires approval by the Board of Commissioners prior to its establishment. See article 6 of this Ordinance for standards and procedures.
d.
Accessory Uses. See article 2, division 6 for all permitted accessory uses, and article 2, division 5 for limitations and specific regulations regarding particular accessory uses.
(Ord. of 5-10-96)
a.
Purpose. Business districts are established to protect existing commercial use which provide goods and services primarily for local and surrounding trade area residents and to provide for their future development.
b.
Permitted Principal Uses.
(1)
See article 2, division 6 for all principal uses permitted by right in this zoning district.
(2)
Within any retirement community building having three or more stories, the first or ground floor may contain any nonresidential use otherwise permitted within this zoning district. Such nonresidential uses shall be located entirely below all dwelling units, and shall not adversely affect the living environment of the dwelling portion of the building.
c.
Conditional Uses. See article 2, division 6 for those principal uses permitted as a conditional use in this district. Each conditional use requires approval by the Board of Commissioners prior to its establishment. See article 6 of this Ordinance for standards and procedures.
d.
Accessory Uses. See article 2, division 6 for all permitted accessory uses, and article 2, division 5 for limitations and specific regulations regarding particular accessory uses.
(Ord. of 5-10-96)
a.
Purpose. This district is established to protect existing industrial uses and to provide suitable land for and to encourage development of future industrial uses.
b.
Permitted Principal Uses.
(1)
See article 2, division 6 for all principal uses permitted by right in this zoning district.
(2)
Any storage use operated as a principal use on a property shall be contained entirely within a building or shall be screened from view by an opaque fence or freestanding wall no less than eight (8) feet in height.
c.
Conditional Uses.
(1)
See article 2, division 6 for those principal uses permitted as a conditional use. Each conditional use requires approval by the Board of Commissioners prior to its establishment. See Article 6 of this Ordinance for standards and procedures.
(2)
A conditional use may be approved by the Board of Commissioners upon finding that the proposed use will not be noxious or offensive by reason of emission or creation of odor, dust, fumes, gas, noise, vibration, or similar substances of conditions that would be detrimental to the public health, safety, or general welfare.
(3)
See section 2.4.3 for additional restrictions on junkyards and salvage yards.
(4)
See Section 2.4.4 for additional restrictions on adult uses.
d.
Accessory Uses.
(1)
See article 2, division 6 for all permitted accessory uses, and article 2, division 5 for limitations and specific regulations regarding particular accessory uses.
(2)
Any accessory outdoor storage area shall be screened from view by an opaque fence or freestanding wall no less than eight (8) feet in height.
e.
Prohibited Uses.
(1)
Heavy manufacturing, including but not limited to the manufacture or storage of:
(a)
Caustic or corrosive acids.
(b)
Cement, lime, clay, gypsum or plaster.
(c)
Chlorine or other noxious gasses.
(d)
Explosives.
(e)
Fertilizer or glue.
(f)
Products involving hair or fur.
(2)
Distillation of bones.
(3)
Drop forge industries using power hammers.
(4)
Landfills.
(5)
Petroleum refining.
(6)
Processing of sauerkraut, vinegar or yeast.
(7)
Rendering or refining of fats and oils.
(8)
Slaughterhouse.
(9)
Stockyard or animal feeding pens.
(Ord. of 5-10-96)
All single-family detached and two-family dwellings shall meet or exceed the following requirements:
a.
Each dwelling shall be connected to a potable water supply and sanitary sewage disposal system approved by the Pulaski County Health Department.
b.
Foundation:
(1)
The structure shall be attached to a permanent foundation constructed in accordance with the Building Code.
(2)
Upon placement, all means of transportation, such as chassis, towing devices, wheels, axles, and hitches, shall have been removed.
(3)
The area beneath the structure shall be enclosed around the exterior of the structure with masonry, including but not limited to brick, concrete, or rock, penetrated by openings only for installed vents and access doors.
c.
Exterior siding: Exterior siding materials shall consist of wood, brick, stone, concrete, stucco, or similar materials, or lap siding of Masonite, metal, vinyl or similar materials, or any combination of the above.
d.
Roofs:
(1)
All roof surfaces shall have a minimum pitch of 4:12 (4 inches of rise for every 12 inches of run), except that mansard and gambrel roofs must meet this requirement only for those surfaces that rise from the eaves.
(2)
All roof surfaces exposed to view shall be covered with asphalt or fiberglass shingles, wood shakes or shingles, standing seam (noncorrugated) tin, clay tiles, slate, or similar materials.
e.
The minimum width of the structure shall be greater than twenty-four (24) feet.
f.
The Building Inspector may approve deviations from the requirements of this Section on the basis of a finding that the materials to be utilized or the architectural style proposed for the dwelling unit will be compatible with and harmonious or superior to existing structures in the vicinity, and that such deviation shall be consistent with the intent of these regulations.
g.
The dwelling shall be constructed in accordance with all applicable requirements of the Building Code as adopted by the City, or in accordance with standards established by the National Manufactured Housing Construction and Safety Standards Act for manufactured homes, or the Georgia Industrialized Buildings Act for residential industrialized buildings.
h.
All portions of the structure shall be manufactured or constructed on site with the original intent of combination into a single structure.
(Ord. of 5-10-96)
No dwelling unit containing a gross floor area of eight hundred (800) square feet or less shall be occupied by more than four (4) people, and dwelling units containing more than eight hundred (800) square feet but not more than one thousand two hundred (1,200) square feet shall not be occupied by more than seven (7) people. Dwelling units containing gross floor area in excess of one thousand two hundred (1,200) square feet may have one additional occupant for each five hundred (500) square feet of gross floor area in excess of one thousand two hundred (1,200) square feet.
(Ord. of 5-10-96)
a.
No junkyard or salvage yard shall be permitted closer than three hundred (300) feet to any single-family or multi-family residential zoning district.
b.
All outdoor storage, salvage, or wrecking operations shall be conducted within an area entirely enclosed by an opaque fence or wall, except driveway areas.
c.
Fences or walls shall be not less than eight (8) feet in height. Storage between such fence or wall and the street or property lines is expressly prohibited.
d.
Any fence or wall erected for screening purposes shall be properly painted or otherwise maintained in good condition.
(Ord. of 5-10-96)
a.
Adult uses may be permitted in an I Industrial zoning district as a conditional use upon approval by the Board of Commissioners, provided that the following location requirements must be complied with:
b.
No adult use shall be located as follows:
(1)
Within five hundred (500) feet of the lot line of a private residential dwelling.
(2)
Within five hundred (500) feet of the lot line of any public library.
(3)
Within five hundred (500) feet from the lot line of any church, synagogue, shrine, chapel or mortuary, or other place used for religious services.
(4)
Within one thousand (1,000) feet of the lot line of any school or college campus. The schools and colleges referred to herein shall include only such public, private or church-supported schools as teach the subjects commonly taught in the common schools and colleges of this state and shall not include private schools or colleges wherein only specialized subjects such as law, stenography, business, music, art, vocational occupational, and other special subjects are taught.
c.
The Board of Commissioners may deny the conditional use when there is evidence that the type and number of schools, churches, synagogues, libraries, public or private recreation facilities, public businesses and residential developments in the vicinity of the location of the proposed adult use causes minors to frequent the immediate area, even though there is compliance with the minimum distances as provided herein.
d.
The distance restrictions set out above shall apply in any and all directions from the lot line of the proposed adult use at the point closest to the lot line of the other property, as measured in a straight line to the point on the lot line of the other property that is located closest to the lot line of the proposed adult use property. This distance shall be verified by plat showing distances furnished by the applicant, prepared by a land surveyor registered in the State of Georgia. This plat shall accompany and be made part of the application for a special exception.
e.
Nothing contained herein shall be construed to authorize or legalize the selling, lending, renting, leasing, giving, advertising, publishing or other dissemination to any person or person, any book, magazine, movie film, still picture or any other written material, pornographic matter, novelty, device or related sundry item which is obscene material under the law of the State of Georgia.
f.
Nothing contained herein shall be construed to authorize or legalize any act of prostitution, sodomy, solicitation for sodomy, masturbation for hire or distribution of obscene materials, as those acts are defined by the laws of the State of Georgia.
(Ord. of 5-10-96)
No accessory use or structure shall be allowed on any lot except in relation to an existing principal use on the lot.
(Ord. of 10-5-96)
Each of the following uses is considered to be a customary accessory use to a dwelling and may be situated on the same lot with the principal use to which it serves as an accessory:
a.
Private garage not to exceed the following storage capacities; one or two-family dwelling, four (4) automobiles; multi-family dwelling, two (2) automobiles per dwelling unit; group dwelling, one and one-half (1½) automobiles per sleeping room.
b.
Open storage space or parking area for motor vehicles provided that such space does not exceed the maximum respective storage capacities listed above; and provided that such space shall not be used for more than 1 commercial vehicle licensed as 1 ton or more in capacity per family residing on the premises.
c.
Shed or tool room for the storage of equipment used in grounds or building maintenance.
d.
Children's playhouse and play equipment.
e.
Quarters for the keeping of pets owned by occupants for non-commercial purposes provided that such use does not generate a nuisance to adjoining properties.
f.
Private swimming pool and bathhouse or cabana.
g.
Structures designed and used for purposes of shelter in the event of man-made or natural catastrophes.
(Ord. of 5-10-96)
A home occupation shall be a permitted use in any occupied dwelling unit or a related accessory structure in any zoning district. The following provisions and limitations shall apply to any home occupation.
a.
Permitted activities. Any of the following group of activities may be engaged in by persons who reside on the premises of the home occupation and who are appropriately qualified and licensed, including business licenses where required:
(1)
Professional. This shall include activities normally practiced by members of the medical and legal professions, designers and consultants in a variety of fields such as architecture, engineering and accounting.
(2)
Artistic. This group shall include activities such as teaching, creation and production by professional artists, sculptors, craftspeople (craftmakers), musicians, writers and others who produce work on the premises for individual purchases, as differentiated from mass production or manufacturing.
(3)
Business. This includes commercial trade activities such as those conducted by a manufacturer's representative or telephone salesperson, but not involving the delivery of goods or services directly to customers on the premises.
(4)
Family day care home. This is limited to day care activities in single-family detached dwellings specifically defined as a "family day care home" in this Ordinance, and in compliance with all applicable state laws, including operator registration. A current and certified copy of the operator's state family day care home registration shall be filed with the operator's business license application and each year's business license renewal application.
b.
Limitations.
(1)
Size and location.
(a)
Not more than twenty-five (25) percent or seven hundred fifty (750) square feet, whichever is less, of the gross floor area of the dwelling unit shall be used for all of the activities devoted to the home occupation.
(b)
Accessory buildings and structures may be used for the home occupation, but in no case shall the total area of the accessory structure devoted to such use be greater than five hundred (500) square feet.
(c)
If parts of the dwelling unit and an accessory structure are devoted to a home occupation, no more than one thousand (1,000) square feet of combined gross floor area shall be used for such activity, including no more than twenty-five (25) percent of the gross floor area of the dwelling unit.
(d)
There shall be no activity or display associated with the home occupation outside of any building or structure which is not normally associated with a residential environment. Outdoor play areas for family day care homes shall be restricted to the side or rear of the residence away from any public street.
(e)
No home occupation family day care home may be located less than three thousand (3,000) feet in any direction from any other such family day care home operated as a home occupation.
(2)
Signs. There shall be no signs identifying the home occupation.
(3)
Activity controls.
(a)
Sales. There shall be no exchange of merchandise of any kind on the premises except for those products produced on the premises as a direct result of the home occupation.
(b)
Transfer of goods. There shall be no reshipment of any goods, products or commodities received on the premises.
(c)
Personal services. There shall be no activities on the premises that are associated with personal service occupations such as a barber shop, beauty shop, hairdresser or similar activities.
(d)
Employees. There shall be no associates or employees on the premises.
(e)
Outsiders and nonresidents on the premises.
1.
There shall not be more than two (2) nonresident persons on the premises at the same time in conjunction with the home occupation whether they are students, clients, patients or customers, except for family day care homes, which permit up to six (6) nonresident persons, and except as provided in subsection (c)(5)(b) of this section.
2.
There shall be no assemblies of people for any purpose except for gatherings and receptions held to display the products or work produced on the premises which may be held not more than three (3) times in any twelve (12) consecutive months.
(4)
Parking. All parking required for the conduct of the home occupation shall be provided on the property, and shall not be located within any minimum required front yard.
(5)
Operating requirements. Each home occupation shall conform to all of the operating requirements of this division, including the provisions which establish performance standards.
(Ord. of 5-10-96)
All fences and freestanding walls shall present a finished and attractive surface to the exterior of the lot.
(Ord. of 5-10-96)
All swimming pools shall be enclosed by a fence that is at least five (5) feet in height and maintained in good condition with a gate and lock. The fencing shall be located so as to not obstruct visibility at road intersections.
(Ord. of 5-10-96)
a.
The following merchandise or goods may be located in outdoor display areas on a permanent basis (where the use is otherwise permitted):
(1)
Motorized vehicles.
(2)
Power boats and sailboats.
(3)
Manufactured homes and utility buildings.
(4)
Plant nursery items.
b.
All other outdoor display of merchandise or goods shall be conducted on a temporary basis associated with special sales promotions. Such display shall be for a period not to exceed thirty (30) days, and shall not occur more often than three (3) times per year.
c.
Any area outside of a building where merchandise or goods are located but which is permanently screened by a fence or freestanding wall at least six (6) feet in height shall not be considered an outdoor display area.
(Ord. of 5-10-96)
A residence for a night watchman, approved as a conditional use accessory to a business or industrial operation, may be any of the following:
a.
A single-family dwelling.
b.
A Class A Manufactured Home.
c.
A Class B Manufactured Home.
d.
Located within a commercial or industrial structure.
(Ord. of 5-10-96)
Principal uses that are permitted in each zoning district by right, permitted accessory uses, and uses permitted under conditional approval are shown on the following table.
Any use not shown as permitted in a zoning district is specifically prohibited. Further restrictions that apply to specific uses are indicated under each zoning district under article 2, division 3. Certain restrictions that apply to specific principal uses are contained under article 2, division 4, while additional restrictions on certain accessory uses and structures are contained under article 2, division 5.
List of Permitted Uses
(Ord. of 5-10-96; Ord. No. 2011-5, 7-11-11; Ord. No. 2016-1, § 2, 6-6-16; Ord. No. 2025-4, § 1, 9-8-25)
The Historic District Overlay (HD) is hereby created with the following purposes:
a.
To provide for the enhanced development of the city's historic district (as defined in city code section 5-82) while implementing safeguards and protections; and
b.
To protect the historic district from incompatible and inappropriate development.
c.
The Historic District Overlay (HD) shall serve as an overlay district that applies additional standards and requirements to properties located within an underlying zoning district. Proposed developments located within this zoning district shall comply with these requirements and the requirements of the underlying zoning district and any other overlay districts that apply to lands within this zone. In the case of conflicting standards and requirements, the more stringent standards and requirements shall apply.
(Ord. No. 2021-2, 10-4-21)
Within the HD overlay, residential units are permitted subject to the following regulations:
a.
Residential units shall be permitted on the second (or higher) floors of properties within the district;
b.
A side or rear entrance must be provided for any single structure containing three (3) or more residential units;
c.
Plans for the construction or conversion of residential units prepared by a licensed architect shall be submitted to and approved by the city manager, fire chief, the building inspector, and the Hawkinsville Historic Preservation Board prior to construction and the issuance of permits; and
d.
Outside garbage containers must be screened from public view.
(Ord. No. 2021-2, 10-4-21)
Within the historic district overlay, the following uses shall be prohibited:
a.
"Adult uses" as that term is defined in Article VIII of the City's Unified Land Development Regulations;
b.
Pawn shops;
c.
Auto repair shops;
d.
Tattoo establishments;
e.
Vape or smoke shops;
f.
Smoking lounges; and
g.
Establishments selling alcoholic beverages for consumption on the premises that fail to generate at least fifty (50) percent of annual gross revenues from the sale of food (or other nonalcohol products); provided, however, that this provision shall not apply to breweries, brew pubs, wineries or distilleries licensed by the State of Georgia.