The use of buildings, structures, and land in accordance with the land use plan for Henry County shall comply with the use requirements for zoning districts set forth in chapter 2. Buildings, structures, or land shall be occupied or used only in conformity with all of the regulations set forth herein for the district in which it is located.

2.01.01.

Official zoning map.

A.

Henry County is hereby divided into zoning districts, as shown on the official zoning map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this ULDC.

B.

The official zoning map may be amended according to the procedures set forth in section 12.02.09 of the ULDC.

2.01.02.

Residential zoning districts. The following residential zoning districts are established:

A.

RA: Residential-agricultural zoning district. This district is intended to preserve the mixed agricultural and residential character of land while providing a transition between rural and agricultural land and suburban and urban land; and locations to carry out agricultural activities, including those related to crops, livestock, and timber. This district will also provide for detached single-family residential dwellings that are site-built, manufactured or industrialized on lots.

1.

Development standards.

2.

Permitted uses and supplemental standards: See tables 2.03.02 and 2.03.03.

3.

Accessory uses: See table 2.03.04.

B.

R-1: Single-family residence zoning district. This district is intended to provide for detached single-family residential dwellings that are site-built, manufactured or industrialized on lots.

1.

Development standards.

2.

Permitted uses and supplemental standards: See tables 2.03.02 and 2.03.03.

3.

Accessory uses: See table 2.03.04.

C.

R-2/R-2(sewer): Single-family residence zoning district. This district is intended to provide for detached single-family residential dwellings that are either site-built or industrialized on lots.

1.

Development standards:

2.

Permitted uses and supplemental standards: See tables 2.03.02 and 2.03.03.

3.

Accessory uses: See table 2.03.04.

D.

R-3: Single-family residence zoning district. This district is intended to provide for detached single-family residential dwellings that are either site-built or industrialized on lots.

1.

Development standards:

Zero lot line developments are allowed as an optional development pattern by right for single-family uses within this zoning district.

2.

Permitted uses and supplemental standards: See tables 2.03.02 and 2.03.03.

3.

Accessory uses: See table 2.03.04.

E.

R-4: Single-family residence zoning district. This district is intended to provide for detached single-family residential dwellings that are either site-built or industrialized on lots.

1.

Development standards:

Zero lot line developments are allowed as an optional development pattern by right for single-family uses within this zoning district.

2.

Permitted uses and supplemental standards: See tables 2.03.02 and 2.03.03.

3.

Accessory uses: See table 2.03.04.

F.

R-5: Single-family residence zoning district. This district is intended to provide for detached single-family residential dwellings that are either site-built or industrialized on lots. This district is also intended to provide locations for the development of horizontal multifamily and townhome developments, where appropriate.

1.

Development standards for detached single-family developments:

Zero lot line developments are allowed as an optional development pattern by right for single-family uses within this zoning district.

Horizontal multifamily and townhomes are allowed as an optional development pattern within this zoning district subject to multifamily standards in section 4.04.10.

2.

Permitted uses and supplemental standards: See tables 2.03.02 and 2.03.03.

3.

Accessory uses: See table 2.03.04.

4.

Development standards for horizontal multifamily and townhomes: See section 4.04.10 subject to architectural and site plan review by Henry County Architectural Review Committee.

G.

RD: Residential duplex district. This district is intended to provide locations for duplex structures, where central water and central sewer are available on lots.

1.

Development standards.

Zero lot line developments are allowed as an optional development pattern by right for single-family uses within this zoning district.

2.

Permitted uses and supplemental standards: See tables 2.03.02 and 2.03.03.

3.

Accessory uses: See table 2.03.04.

H.

RM: Multifamily residential district. This district is intended to provide locations for the development of multifamily residences or cluster housing developments.

1.

Development standards:

2.

Permitted uses and supplemental standards: See tables 2.03.02 and 2.03.03.

3.

Accessory uses: See table 2.03.04.

4.

Multifamily standards: See section 4.04.10, subject to architectural and site plan review by Henry County Planning and Zoning.

I.

RS: Residential suburban district. This district is intended to provide locations for a combination of two (2) of the following: single-family, duplex, or multifamily developments.

1.

Development standards:

2.

Permitted uses and supplemental standards: See tables 2.03.02 and 2.03.03.

3.

Accessory uses: See table 2.03.04.

4.

Multifamily standards: See section 4.04.10, subject to architectural and plan review by Henry County Planning and Zoning.

J.

RMH: Mobile or manufactured home development district. This district is intended to provide locations for mobile or manufactured homes in parks, subdivisions, or other similar unified development arrangements on lots. See section 4.03.16 for manufactured home park standards. This district is also intended to provide locations for the development of horizontal multifamily and townhome developments, where appropriate.

1.

Development standards.

Horizontal multifamily and townhomes are allowed as an optional development pattern within this zoning district subject to multifamily standards in section 4.04.10.

2.

Permitted uses and supplemental standards: See tables 2.03.02 and 2.03.03.

3.

Accessory uses: See table 2.03.04.

4.

Development standards for horizontal multifamily townhomes: See section 4.04.10, subject to architectural and site plan review by Henry County Planning and Zoning.

2.01.03.

Commercial, office and institutional zoning districts.

A.

OI: Office-institutional district. This district is intended to provide for the development of a complimentary mix of business, professional and institutional activities that are compatible with the primary purpose of this district. Limited retail uses normally associated with office or institutional uses, accessory structures, and essential public services are also permissible.

1.

Development standards.

2.

Permitted uses and supplemental standards: See tables 2.03.02 and 2.03.03.

3.

Accessory uses: See table 2.03.04.

B.

C-1: Neighborhood commercial district. This district is intended to provide locations for limited retail and service uses to satisfy the common and frequent needs of residents of nearby residential neighborhoods. It is further the intent of this district to encourage such uses to be a part of a neighborhood convenience shopping center. Accessory uses and structures and essential public services are permissible.

1.

Development standards.

2.

Permitted uses and supplemental standards: See tables 2.03.02 and 2.03.03.

3.

Accessory uses: See table 2.03.04.

C.

C-2: General commercial district. This district is intended to provide locations for a wide variety of retail and service uses to satisfy the common and frequent needs of residents in large sections of the county and of the traveling public. It is the intent of this district to encourage businesses to be part of planned commercial centers, neighborhood shopping centers, or community shopping centers. Accessory uses and structures, essential public services and all "permitted" C-1 uses are permissible.

1.

Development standards:

D.

C-3: Highway commercial district. This district is intended to provide areas for commercial activities which provide products and services that require locations with the highest level of access to major highways and regional transportation systems. Permissible uses also include essential public services, accessory uses and structures, and all "permitted" C-1 and C-2 uses.

1.

Development standards:

2.

Permitted uses and supplemental standards: See tables 2.03.02 and 2.03.03.

3.

Accessory uses: See table 2.03.04.

2.01.04.

Industrial zoning districts.

A.

M-1: Light manufacturing district. This district is intended to provide for light industrial uses which do not produce, store, or handle hazardous wastes. Permissible uses include commercial and industrial activities involved in manufacturing, processing, assembly, storage, or sale of products. Accessory uses and structures and essential public services are permissible.

1.

Development standards.

2.

Permitted uses and supplemental standards: See tables 2.03.02 and 2.03.03.

3.

Accessory uses: See table 2.03.04.

B.

M-2: Heavy manufacturing district. This district is intended to provide for the broadest range of industrial operations permitted in the county. It is the district for location of those industries which may have negative impacts or nuisance factors. Accessory uses and structures, essential public services and all "permitted" M-1 uses are permissible.

1.

Development standards:

2.

Permitted uses and supplemental standards: See tables 2.03.02 and 2.03.03.

3.

Accessory uses: See table 2.03.04.

2.01.05.

Mixture of residential, office and institutional, commercial, and industrial zoning districts.

A.

MU: Mixed-use district. This district is intended to provide locations for office, institutional, personal service, single-family, duplex, cluster housing, and multifamily residential uses, accessory uses or structures, and essential public services. Lots and parcels may be used for a single use, or may contain a mixture of uses within a single development site. This district is intended to allow the flexibility of development standards. Accessory uses and structures and essential public services are permissible.

1.

Development standards:

Zero lot line developments are allowed as an optional development pattern by right for single-family uses within this zoning district.

2.

Permitted uses and supplemental standards: See tables 2.03.02 and 2.03.03.

3.

Accessory uses: See table 2.03.04.

B.

IAC: Interchange activity center district. This district is intended to provide locations at the intersection of two (2) major arterials or at interstate interchanges to accommodate transient shopping, lodging, and hospitality uses, and to provide locations with the highest level of access to meet the needs for product distribution. This district is intended as a mixed-use development. The following types of uses are permissible: multifamily residential, regional commercial, lodging, regional services, and essential public services. Uses may be combined within a development project in this district.

1.

Development standards:

Zero lot line developments are allowed as an optional development pattern by right for single-family uses within this zoning district.

2.

Permitted uses and supplemental standards: See tables 2.03.02 and 2.03.03.

3.

Accessory uses: See table 2.03.04.

(Ord. No. 10-20, § I(2)—(4), 6-15-10; Ord. No. 11-05, § I, 7-19-11; Ord. No. 17-14, § I, 7-18-17; Ord. No. 23-08, § I, 6-20-23)

2.02.01.

Generally. These districts are superimposed on top of portions of one (1) or more underlying base zoning districts that allow application of additional standards addressing a special purpose, such as historic preservation or floodplain protection. An overlay district may be used to add a village center or community commercial district as described in the comprehensive plan. See section 4.02.00 for the regulations for overlay districts.

2.03.01.

Generally. The tables in this section describe those uses that are permissible in each base zoning district.

2.03.02.

Residential land uses in base zoning districts (see table 2.03.02). The table in this section identifies the permissible residential uses within base zoning districts. Allowable density in residential districts shall be consistent with the comprehensive plan. Within the following table, the letter "P" means the identified use is permissible, subject to the standards and criteria applicable to the zoning district. The letter "S" means the use is permissible, subject to the standards and criteria applicable to the zoning district and supplemental standards applicable to the specific use. The section number for supplemental standards is listed within the cell. A blank cell means the use is prohibited in the indicated zoning district.

Table 2.03.02. Residential Land Uses in Base Zoning Districts.

¹ Single-family, duplex, multifamily, and/or institutional living may be permissible where the development within the RA zoning district is proposed as a traditional neighborhood development, pursuant to section 6.01.00.

2.03.03.

Nonresidential land uses in base zoning districts. The table in this section identifies the permissible nonresidential uses within each base zoning district. Within the following table, the letter "P" means the identified use is permissible, subject to the standards and criteria applicable to the zoning district. The letter "S" means the use is permissible, subject to the standards and criteria applicable to the zoning district and supplemental standards applicable to the specific use. The letter "H" means that use is permissible as a home occupation, subject to the supplemental standards and criteria applicable within chapter 7, section 7.01.00. A blank cell means the use is prohibited in the indicated zoning district. Permissible accessory uses are identified in table 2.03.04. Land uses permitted in the C-1 zoning district are permitted in C-2 and C-3 zoning districts. Land uses permitted in the M-1 zoning district are permitted in the M-2 zoning district.

Table 2.03.03. Nonresidential Land Uses in Base Zoning Districts.

2.03.04.

Accessory land uses in base zoning districts. The table in this section identifies the permissible accessory uses within each base zoning district. Individual accessory uses are listed, together with an indication as to whether the use is permissible, as an accessory use, within each zoning district. Some uses are permissible by right in a zoning district, and are so indicated in tables 2.03.03 and 2.03.04. Consult each table for a determination as to whether the indicated use is permissible by right, or as an accessory use. Where the cell is blank in all tables for a specified use in a specified zoning district, the use is prohibited. All accessory structures/uses require that a building permit be issued prior to placement through the Henry County Building Department.

Table 2.03.04. Accessory Land Uses in Base Zoning Districts

*Permitted only for lawn and garden, and greenhouses/nursery uses where a building is on the lot.

2.03.05.

Move-in structure uses in base zoning districts.

A.

[Applicability.] Except as provided in this section, no application for a move-in structure permit shall be approved, nor any structure moved or occupied, in Henry County, Georgia, prior to completion of all the requirements of this section.

B.

[Defined.] A move-in structure is defined as a preexisting structure relocated to another property or on the same property. Factory-built modular and manufactured homes as defined in the ULDC (Appendix A) are exempt from this section.

C.

[Permitted use.] Move-in houses shall be a permitted use only in the RA (residential-agricultural) zoning district as defined in the ULDC, section 2.01.02 and are subject to all lot size and setback requirements of the RA district, and shall be subject to all regulations of the Henry County Health Department concerning on-site sewage disposal facilities and private wells.

D.

Inspections.

1.

Preliminary inspections. No building permit application for a move-in structure shall be approved until a complete inspection of the structure is made by the Henry County Building Department. An application for a move-in structure inspection shall be completed on forms provided by the building department prior to the inspection being made. The building department inspection shall determine the compliance or the feasibility of compliance to all existing building codes, development codes and ordinances adopted by the Henry County Board of Commissioners. Depending upon the size, age, condition or design of the structure, the building official or his authorized representative may require an inspection and report from a structural engineer to evaluate the suitability of the structure for moving. The engineering inspection and report fee shall be paid by the applicant for the move-in structure. If the building official or his authorized representative determines that compliance with existing codes is not feasible, the application for the building permits shall be denied. All such denials shall be in writing specifying the reasons therefore and signed by the building official.

2.

Follow-up inspection. Following relocation of the structure and prior to and for the purpose of re-inspecting, the owner of the move-in structure shall, at the owner's choice, remove either the interior wall covering on all exterior walls or the exterior wall covering on all exterior walls. If necessary, and at the direction of the building official or his authorized representative regarding the interior load-bearing walls, the owner shall remove one (1) side of these interior walls and the building department shall then re-inspect the structure to insure that its structural integrity has not been compromised and that any required improvements are still feasible.

3.

Inspection fee. The inspection fee shall be as set forth in the Henry County Building Department Fee Schedule which shall be paid to the building department prior to the inspection being made.

E.

Performance letter of credit or escrow letter of surety required of owner of the structure. To ensure that the structure will meet all of Henry County's current building construction codes and that the renovation of the move-in structure is completed and ready for occupancy within six (6) months from the date the building permit is issued, the owner of the move-in structure shall provide an irrevocable letter of credit or irrevocable bank escrow letter of surety in the amount of ten thousand dollars ($10,000.00), meeting the requirements of section 12.02.13. Such irrevocable letters of credit or irrevocable bank escrow letters of surety shall be issued from a federally insured banking institution.

F.

Building permit. A building permit shall be obtained from the building department for a move-in structure before it can be located on a lot in Henry County. The fee for the permit shall be as set forth in the Henry County building department fee schedule.

G.

Owner certification. All applications for permit shall be accompanied by a sworn affidavit that said applicant is the owner of the move-in structure and the owner of real property where the structure is to be relocated if the structure is to be located in Henry County. Prior to habitation, said owner shall be required to obtain a certificate of occupancy to verify completion of all work and that the structure is ready for habitation.

H.

Route approval.

1.

Structures to be located within Henry County. Prior to the issuance of a permit for a move-in structure, the applicant must first submit and receive approval from the Henry County Police Department, Henry County Department of Transportation, and Henry County Code Enforcement Division regarding the proposed route. The applicants shall provide information concerning the name and address of the moving company, owner of structure to be moved, destination of structure, type and size of structure, map of the proposed route and insurance company. Said approval and information must be on forms furnished by the Henry County Building Department. Routes must comply with the Henry County Truck Route Ordinance.

2.

Structures to be located outside of Henry County. Prior to moving a preexisting structure through Henry County, routes must be established by the Henry County Police Department, Henry County Department of Transportation, and Henry County Code Enforcement Division on forms provided by the Henry County Building Department. The applicants shall provide information concerning the name and address of the moving company, owner of structure to be moved, destination of structure, type and size of structure, map of the proposed route and insurance company. Required police escort must be prearranged with the Henry County Police Department three (3) days prior to moving structure from Henry County. Move-through structures will be allowed only on routes established in the Henry County Truck Route Ordinance.

I.

Requirements for moving companies. Any firm or individual moving structures into or through Henry County shall provide a valid copy of the Georgia Department of Transportation Oversize/Overweight Permit for the structures and a certificate of liability, naming Henry County as the certificate holder, that meets or exceeds the minimum insurance standards required by the Georgia Department of Transportation.

J.

Guarantee of completion. No application for a building permit shall be approved until a performance bond, irrevocable letter of credit, or irrevocable bank escrow letter of surety shall first be provided as referred to in subsection E., above.

K.

Time of completion. All permits for move-in structures must be completed in compliance with all codes and ordinances of Henry County within six (6) months from the date of granting of the building permit, unless extended as provided herein. In the event said structure is not in compliance and/or is not completed within the specified time limit, the building official or his authorized representative shall notify, in writing, the owner giving specific causes of noncompliance or noncompletion. Upon notification, the owner has thirty (30) days to correct said causes of noncompliance or noncompletion. In the event of failure of the owner to correct causes of noncompliance or noncompletion, and the owner has not received an extension of completion time, a notice to move or demolish said structure shall be issued to the owner immediately. Failure to move or demolish said structure within ten (10) days of this notice shall be deemed a violation of this section and shall be punishable in the Magistrate Court of Henry County and the Henry County Building Official or his authorized representative shall authorize the surety or bank issuing the irrevocable letter of credit or escrow letter of surety to release to the county all funds.

L.

Extension of completion time. The Henry County Building Official or his authorized representative, upon written request by the owner which states the reason for the request and payment of applicable fees, may issue a 90-day extension of completion time for cause beyond the original six-month compliance/completion period. A second 90-day extension of completion time, upon written request by the owner which states the reason for the second request, may be issued after the first 90-day extension of completion time has elapsed. Approved or denied extension of compliance/completion time requests shall be in writing and signed by the building official or his authorized representative. Permission for a greater extension of time may be granted only by the Henry County Board of Commissioners in regular public session. Application to appear before the board of commissioners shall be on forms provided by the Henry County Building Department. For any extension of completion time request, the performance irrevocable letter of credit, or irrevocable bank escrow letter of surety may be required to be extended if the performance letter of credit or irrevocable bank escrow letter of surety does not have sufficient time remaining to ensure that the structure will meet all of Henry County's current building construction codes and that the renovation of the move-in structure is completed and ready for occupancy within the requested time. The fees for each extension of completion time request shall be as set forth in the Henry County Building Department Fee Schedule.

M.

Certification of occupancy. A certificate of occupancy shall be issued upon the passing of a final inspection of a structure and shall verify the completion requirements hereinabove set forth, including compliance with all existing building and life safety codes.

(Ord. No. 10-12, § I, 10-18-10; Ord. No. 10-14, § I, 10-18-10; Ord. No. 10-18, § I, 11-16-10; Ord. No. 10-20, § I(5)—(8), 6-15-10; Ord. No. 10-15, § I, 10-18-10; Ord. No. 11-02, § I, 4-4-11; Ord. No. 11-08, § I, 12-5-11; Ord. No. 11-09, § I, 12-19-11; Ord. No. 12-10, § I, 2-1-12; Ord. No. 12-15, § I, 7-17-12; Res. No. 13-05, Exh. A, 4-16-13; Ord. No. 15-05, § I, 7-7-15; Ord. No. 17-15, 8-1-17; Ord. No. 23-07, § I, 6-6-23; Ord. No. 25-4, § IV, 3-18-25; Ord. No. 25-10, § I, 10-21-25)

2.04.01.

Parking and storage of major recreational equipment. Major recreational equipment may be parked or stored on side yards or rear yards or in a carport or enclosed building; provided that public right-of-way, sidewalk or sight distance, as defined in chapter 8, section 8.01.08 of the ULDC, is not obstructed. In addition, temporary parking is permitted within front yards for a period not to exceed twenty-four (24) hours during loading or unloading.

The administrator is authorized to allow such equipment to be used as temporary living quarters in the following situations provided adequate documentation is provided prior to establishing such:

1.

Family hardships and catastrophic events.

2.

Temporary visitations.

3.

Temporary dwelling when a primary structure is being built or modified on the same property.

No more than two (2) such vehicles are allowed to be occupied on site at any one time. No separate permanent utility hook-ups or fixtures may be installed at any time. Services required to facilitate temporary habitation, included, but not limited to, liquid waste containment and disposal, solid waste disposal (e.g., dumpsters, trash cans), potable water, power, etc., shall be approved by administrator.

Such equipment may be used for a period not to exceed thirty (30) consecutive days; however, the administrator may approve two (2) extensions up to ninety (90) days each. Any further extensions must be approved by the county manager.

2.04.02.

Parking and storage of commercial vehicles. The parking and storage of commercial vehicles shall be regulated in accordance with Henry County Code of Ordinances Chapter 3-16, Article 5, Commercial vehicles.

2.04.03.

Keeping and raising of livestock. The keeping and raising of all farm animals and fowl and use of private stables shall be limited to property located within the RA zoning district and must have a minimum lot area of three (3) acres. The keeping and raising of animals and fowl shall be subject to all regulations of the Henry County Health Department and the Henry County Animal Control Ordinance.

See section 3-4-15 of the Henry County Code of Ordinances for the requirements for raising backyard chickens on lots less than three (3) acres.

2.04.04.

Abandoned, wrecked, or junked vehicles. Parking or storing abandoned, wrecked or junked vehicles, power-driven construction equipment, lumber, metal, or any other miscellaneous scrap or salvageable material is prohibited in all residential zoning districts.

2.04.05.

Accumulation of garbage, trash and rubbish. It shall be prohibited in all residential districts to place, deposit, or allow the accumulation of, household garbage, rubbish, trash, refuse or any condition which provides harborage for rats, mice, snakes and other vermin.

2.04.06.

Encroachment on public rights-of-way. No building, structure, fence, service area, parking facility/area, loading area, except driveways shall be permitted to encroach on public right-of-way. All permanent structures or inorganic objects which are placed near but not within the right-of-way shall be located as not to obstruct, hinder or impede the view or movement of pedestrian and vehicular traffic as to become a nuisance, danger or hazard to the general public.

2.04.07.

Posting. Each dwelling unit and place of business shall have light-reflective numbers posted and maintained in a prominent place on the property, visible from the street providing public access, the address of the dwelling unit or place of business.

(1)

For residences using mailboxes: Two-inch high light-reflective number with contrasting background;

(2)

For residences which do not use mailboxes and within one hundred (100) feet of roadway: Three-inch high light-reflective numbers with contrasting background;

(3)

For residences which do not use mailboxes and are more than one hundred (100) feet from a roadway: Three-inch high light-reflective numbers visible from the roadway with contrasting background; and

(4)

For all commercial establishments: Three-inch high light-reflective numbers with contrasting backgrounds.

(Ord. No. 10-09, § I, 8-17-10; Ord. No. 12-01, § I, 1-3-12; Ord. No. 12-13, § I, 8-20-12; Ord. No. 13-09, 7-16-13; Ord. No. 22-02, § I, 3-1-22)