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Henry County Unincorporated
City Zoning Code

ARTICLE VII

OFFICE AND PROFESSIONAL DISTRICT B-3

Sec. 21-700.- Intent.

This district is established to allow the location of office, service, business and residential uses of a low-intensity nature as transitional land uses between residential neighborhoods and higher intensity uses. These uses may require frequent and direct access but are not characterized by constant delivery of goods or nuisance factors other than those created by infrequent and incidental congregation of people and passenger vehicles.

These regulations are to encourage and enhance business development as specific and justifiable needs arise in appropriate locations.

Sec. 21-701. - Permitted uses.

In the Office and Professional District, structures to be erected or land to be used shall be for one or more of the following uses:

1.

Accessory uses and structures. The front setback of all accessory structures shall equal or exceed that of the main structure. The total floor area of all accessory structures shall be less than fifty (50) percent of that of the principal structure. No accessory building may be closer than three (3) feet to any property line. Accessory uses and structures shall not include manufactured or mobile homes, including the storage of unused manufactured or mobile homes. Unless such use is defined as a temporary use, accessory uses and structures shall not include buses, trailer sections of tractor-trailer combinations or any other vehicle or portion thereof designed to transport people or goods on highways.

2.

Barber shops, beauty parlors, and tanning salons.

3.

Churches, schools, libraries, parks, playgrounds and athletic fields.

4.

Class A and Class B home occupations.

5.

Living quarters for one family included as a part of a single office building housing a single permitted business use and occupied by the owner, manager, or caretaker of the permitted business.

6.

Professional office buildings for architects, engineers, surveyors, insurance agents, doctors, bankers and financial advisors, attorneys, real estate brokers and agents, and similar uses provided that less than two thousand (2,000) square feet of floor area is used, there is no commercial display of goods or drive-in window facilities.

7.

Single-family dwellings.

8.

Small scale solar energy facilities.

(Ord. of 6-24-03, § 2; Amend. of 7-25-06; Ord. of 3-24-20)

Sec. 21-702. - Special use permit uses.

The uses permitted in the Office and Professional District with a special use permit as approved by the Board of Zoning Appeals are as follows:

1.

Bed and breakfast inns, guest houses, and rooming and boarding houses.

2.

Clubhouses.

3.

Homeless shelters or transitional living facilities, community correctional facilities, and halfway houses.

4.

Nursery schools, day care facilities, and family day care homes.

5.

Multiple-family (apartments) and single-family attached (duplexes and townhouses) dwellings.

6.

Radio stations.

7.

Rest homes.

(Ord. of 8-24-98; Amend. of 6-28-11)

Sec. 21-703. - Area regulations.

A.

The minimum required lot area for permitted uses on a lot served by both a public water and public sewage disposal system shall be nine thousand (9,000) square feet.

B.

The minimum required lot area for permitted uses on a lot served by a public sewage disposal system but not a public water system shall be fifteen thousand (15,000) square feet.

C.

The minimum required lot area for permitted uses on a lot served by a public water system but not a public sewage disposal system shall be fifteen thousand (15,000) square feet.

D.

The minimum required lot area for permitted uses on a lot served by neither a public water nor public sewage disposal system shall be twenty thousand (20,000) square feet.

E.

For permitted uses utilizing an individual water or sewage disposal system, the required area for any such use shall be approved by the Health Official. The Administrator may require a greater area if considered necessary by the Health Official.

Sec. 21-704. - Setback regulations.

The front setback line shall be located thirty-five (35) feet from any street right-of-way which is fifty (50) feet or greater in width or sixty (60) feet from the centerline of any street right-of-way less than fifty (50) feet in width. This shall be known as the "setback line." No structure shall be constructed or placed closer to the front property line than the setback line.

(Ord. of 1-27-97)

Sec. 21-705. - Lot width regulations.

A.

The minimum lot width at the setback line for permitted uses which are served by both a public water and public sewage disposal system shall be seventy (70) feet.

B.

The minimum lot width at the setback line for permitted uses which are served by a public sewage disposal system but not a public water system shall be seventy (70) feet.

C.

The minimum lot width at the setback line for permitted uses which are not served by a public sewage disposal system shall be one hundred (100) feet.

Sec. 21-706. - Yard regulations.

A.

Side. Each lot shall have two (2) side yards for each main structure. The minimum side yard shall be ten (10) feet.

B.

Rear. Each main structure shall have a rear yard of twenty-five (25) feet or more.

Sec. 21-707. - Height regulations.

The maximum height for all structures erected shall be thirty-five (35) feet with the following exceptions:

A.

Dwelling units may be increased to a height of forty-five (45) feet and up to three (3) stories provided each side yard is ten (10) feet plus an additional one foot for each additional foot of building height exceeding thirty-five (35) feet.

B.

Public and semi-public buildings may be erected to a height of sixty (60) feet from grade provided that required front, side, and rear yards be increased by one foot for each additional foot of height exceeding thirty-five (35) feet.

C.

Spires, belfries, cupolas, monuments, water towers, chimneys, flues, flagpoles, roof mounted television antennae, and roof mounted radio aerials are exempt. Private, noncommercial towers for personal use may be erected no closer to any exterior property line than the total height of the tower structure above grade. Parapet walls—a low wall designed to extend from and protect the edge of a roof—may be up to four (4) feet above the height of the building on which the walls rest.

D.

Accessory buildings which are situated within ten (10) feet of any party lot line shall not be more than one story in height.

E.

All accessory buildings shall not exceed the main building in height.

(Ord. of 6-24-03, § 3)

Sec. 21-708. - Special provisions for corner lots.

A.

Of the two (2) sides of a corner lot, the shortest side fronting upon a street shall be considered the front of the lot and the longest side fronting upon a street shall be considered the side of the lot.

B.

The minimum side yard facing the direction of the side street shall be twenty-five (25) feet or more for both main and accessory buildings.