230-10.1

The purpose of these Supplemental Use Standards is to supplement Section 210, Base Districts, for Special Exception uses and those uses requiring a Special Use or Land Use Permit, by providing more specific standards for certain uses for which additional use restrictions, site development and/or design standards are necessary to ensure that they will be compatible with surrounding uses, have minimal impact on the environment, promote the health, safety and welfare of the community and meet the intent of the Paulding County 2017 Comprehensive Plan.

230-10.2

These standards apply to specific uses in all zoning districts (unless otherwise noted) and shall be enforced by the City of Hiram City Manager, or their designee, and the Paulding County Community Development Department.

230-10.3

Any use that is regulated by this Chapter and is authorized in a zoning district shall be developed in conformity with the applicable Supplemental Use Standards for that use provided in this Chapter. No permit shall be issued for a use, building or structure that does not conform to applicable provisions of this Chapter; except that, where any requirement of the Supplemental Use Standards conflicts with a condition of rezoning, Special Use or Land Use Permit or other action of the City Council after adoption of the UDO, the condition shall prevail.

(Ord. No. 2023-01, § 1(Att. A), 3-7-2023)

230-20.1

The uses, structures and related standards listed in the following Section are in alphabetical order.

230-20.2

The Supplemental Use Standards listed in the following Section are applicable as indicated in each zoning district and in the Table of Permitted Uses as requiring Special Exception, Special Use Permit or Land Use Permit.

230-20.3

The Supplemental Use Standards listed in 230-30.01 apply to all such accessory uses and structures regardless of their location or underlying zoning, unless otherwise noted.

(Ord. No. 2023-01, § 1(Att. A), 3-7-2023)

A use that, owing to some special characteristics attendant to its operation or installation, is permitted in a district subject to review and sign off by the Zoning Administrator or his or her designee that the site-specific requirements for maintaining such special exception use are met, and subject to special requirements, as set forth in the specific zoning district section. The Zoning Administrator or his or her designee shall maintain a written record of such review and sign off, which shall be a public record.

230-30.01

Uses Which Require a Special Exception.

Accessory Structures and Uses provided:

1.

They are located on the same lot or parcel of land as the principal building and customarily incidental to the permitted use;

2.

No accessory building shall be constructed on a lot until:

(a)

construction on the main building has been actually commenced; or

(b)

a building permit has been issued for the accessory building or use for the construction thereof;

3.

All non-agricultural related accessory buildings, structures, and uses shall maintain a minimum setback of 10 feet from side or rear yard property lines or such larger setback as may be required or required buffer;

4.

Accessory buildings, structures, or uses shall not be erected on or project into any required front yard setback;

5.

Accessory buildings shall not be occupied by humans and may not be utilized for the operation of a home occupation from the accessory building; and

6.

Accessory buildings shall not be placed in a manner which creates a fire hazard, impedes ingress/egress or a nuisance.

Adult Day Centers provided all requirements of the Georgia Department of Community Health Rules and Regulations Chapter 111-8-1 et seq as may be amended from time to time have been met.

Airport Operations provided permission from the FAA is obtained.

Ambulance Service (R-2) provided there is only one emergency vehicle on site.

Amenity Area (MHP) provided a minimum recreation area of 500 square feet for each lot in the manufactured home park is provided. Any recreation area so designated shall not be less than one acre in size.

Animal Production and Aquaculture excluding Hog and Pig Farming provided:

1.

Uses shall be located no less than 50 feet from the side and rear property lines and 100 feet from the front property line.

2.

Fences for horses and cows are excluded from these setbacks, but are recommended to be setback off the property line by a minimum of three inches.

3.

All animals except those generally recognized as household pets are kept in a structure, pen, or corral and not permitted to roam at large.

Appliance Repair and Maintenance (B-2) provided there is no outdoor storage.

Assisted Living Community provided all requirements of the Georgia Department of Community Health Rules and Regulations Chapter 111-8-63 et seq, as may be amended from time to time, have been met.

Auto Broker Office (B-1) provided no vehicles for sale on site.

Automobile Auctions provided that all vehicles for auction are licensed, tagged and operable.

Automotive Parts, Accessories and Tire Stores (B-1) provided there is no on-site repair.

Automotive Body, Paint and Interior Repair and Maintenance (B-1) provided:

1.

All repair activity shall take place indoors.

2.

They shall only operate with spray enclosures approved by the EPA and Georgia EPD.

3.

Storage of vehicles shall be located to the rear of property and screened by a six-foot solid fence.

Backyard Chickens (ER, R-1, R-2) provided:

1.

The backyard chickens shall not cause a nuisance, as defined by Chapter 22 of the Code of the City of Hiram, Georgia.

2.

Backyard chickens are prohibited from slaughter and/or breeding purposes.

3.

All backyard chickens must be housed in a coop no larger than 200 square feet in size that is enclosed on all sides including the top (tarps, plastic or similar covering are prohibited) and located in the community garden area.

4.

Backyard chicken coops must meet the following building setback requirements from front, rear and side property lines:

(a)

Front: 100 feet from public right-of-way, private drive or easement, and/or property line, including properties with multiple road/street frontages.

(b)

Side/Rear: 45 feet from a property line.

5.

The coop must be a located in the back/rear yard and be a minimum distance of 45 feet from the owner's residential dwelling.

6.

Backyard chickens are not permitted to roam at-large or are allowed to be free-range.

7.

There shall be a maximum of five backyard chickens allowed.

Beer and Wine Retailers in accordance with Chapter 6, Article II of the Code of the City of Hiram, Georgia.

Boarding Services, Pet provided all outdoor runs, fences, and related buildings/structures shall be located no less than 200 feet from any property line.

Breweries (B-1 and B-2) in accordance with Chapter 6, Article II of the Code of the City of Hiram, Georgia and provided:

1.

Minimum size of 3,000 square feet;

2.

No outside storage, display or production;

3.

Patios must have enclosures with a minimum fence height of 42 inches around the patio area; and

4.

Only alcoholic beverages produced on the property may be served on site.

Car Washes provided:

1.

The facility is tapped into public sanitary sewer; and

2.

Grease, oil and sand interceptors shall be installed.

Charitable Organization Collection Receptacles provided all requirements of O.C.G.A §43-17-8.1 have been met.

Child Day Care Learning Center provided all requirements of the Georgia Department of Early Care and Learning Rules and Regulations Chapter 591-1-1 et seq as may be amended from time to time have been met.

Civic and Social Organizations provided:

1.

They are located on tracts of no less than two contiguous acres,

2.

That any building for such proposed use(s) is located no less than 50 feet from front and rear property lines and 25 feet from the side property lines,

3.

Sprinkler systems will be required if the projected occupancy load is 300 or more per the International Building Code, and

Commercial Uses permitted in B-1 General Business District (MPR) provided they do not comprise more than 15% of the overall development area acreage.

Common Storage Facility provided:

1.

Must not be located in a flood hazard area; and

2.

Cannot be of a size exceeding 10,000 square feet for each 300 dwellings or prorated equivalent thereof; and

3.

Must be located at least 100 feet from any arterial or collector road; and

4.

Must be screened from view from any public road, provided that if existing vegetation is insufficient to screen the view of the storage facility from the road, additional landscaping shall be required.

Community Living Arrangements provided:

1.

They are located on a lot a minimum of three acres in size

2.

No more than nine resident handicapped persons who are not:

(a)

Mentally ill persons who are dangerous to others;

(b)

Persons who are not handicapped persons, excluding supervisory personnel for the handicapped.

3.

They meet applicable State, Federal, City and/or County licensing and inspection requirements, including State Fire Marshal and/or County Fire Department approval.

Drive-in Motion Picture Theaters provided:

1.

The drive-in motion picture theater shall not cause a nuisance, as defined by Chapter 22, Article II of the Code of the City of Hiram, Georgia.

2.

Adult themed content rated R or NC-17 is prohibited.

3.

The screen shall not be visible from the street or from any adjacent property.

Electric Vehicle Charging Station provided structures do not exceed 2,500 square feet.

Electronics and Appliance Stores (B-1) provided selling retail only.

Emission Inspection Station provided:

1.

A Certificate of authorization as an emission inspection station authorized to carry out the emission inspections required by O.C.G.A. §12-9-40 et al has been issued by the Department of Natural Resources.

2.

No repairs are conducted on-site.

Family Child Care Learning Home provided all requirements of Georgia Department of Early Care and Learning Rules and Regulations 290-2-3 et seq as may be amended have been met.

Farm Wineries in accordance with Chapter 6, Article II of the Code of the City of Hiram, Georgia.

Food and Beverage Retailers except Liquor Stores, package (NB) provided the gross floor area does not exceed 50,000 square feet.

Food Services and Drinking Places, excluding Bars (O-I) provided it is located within an office building.

Forestry and Logging provided:

1.

The owner/developer shall use the recommended Best Management Practices (BMP's) as established by the Georgia Forestry Commission.

2.

A 25-foot undisturbed buffer from any City/County road right-of-way (excluding driveways) shall be maintained.

3.

A minimum 25-foot undisturbed stream bank buffer shall be maintained.

4.

A minimum 50-foot by 25-foot pad of #3 stone shall be maintained at each access to a City/County road.

5.

All requirements of O.C.G.A §12-6-24 are met.

Fuel Storage for On-site use of Vehicles and Equipment provided:

1.

They are located to the rear of the property; and

2.

All requirements of the International Fire Code as may be amended are met.

Funeral Homes and Funeral Services provided:

1.

All requirements of O.C.G.A § 43-18-71 and § 43-18-72 have been met; and

2.

A crematory may not be located within 1,000 feet of a residential subdivision platted and recorded in the Office of the Clerk of the Superior Court Paulding County, Georgia.

Gasoline Stations (NB, B-1) provided:

1.

The building shall not exceed 3,000 square feet in gross floor area; and

2.

No automotive repairs will be done on site.

General Merchandise Retailers (B-1) provided the gross floor area shall not exceed 10,000 square feet.

Greenhouse, Nursery and Floriculture Production (B-2, I-1) provided structures shall be located no closer than 50 feet to the side and rear property lines and 100 feet to the front property line.

Grocery and Convenience Retailers (NB) provided the gross floor area shall not exceed 40,000 square feet.

Hardware Retailers (NB, B-1) provided the gross floor area shall not exceed 15,000 square feet total with 5,000 square feet of covered outside storage.

Home Occupations provided:

1.

No more than one room of the dwelling may be used for the home office. The home office shall not occupy more than 25% of the gross floor area of the dwelling;

2.

The appearance of the dwelling shall not be altered or the occupation within the residence shall not be conducted in a manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, or the emission of sounds, vibrations, or other conditions that carry beyond the premises;

3.

The use shall not be visibly evident from outside the dwelling;

4.

The use shall not generate nuisances such as on-street parking, electrical interference, hazards, noise, or other nuisances;

5.

Traffic generation for the dwelling with a home office shall not exceed that normally generated without a home office;

6.

The use shall not include any business which involves the sale, manufacture, or repair of merchandise on the premises or the storage of inventory, raw materials, or other materials to be used in the business. This does not apply to a mail order type business which has no on-site customers;

7.

The use shall include no more than two clients per hour frequenting the services of the home office; however, during peak seasons (for example tax season for accountants), up to four clients per hour are permitted;

8.

The use shall not involve any outside operations or outside storage or display of products or materials;

9.

Only residents of the dwelling may be employed in the home office, except one incidental employee other than a resident of the dwelling is permitted;

10.

One business vehicle is permitted. The vehicle shall be no larger in size than a pick-up truck, panel truck, or van, and is limited in size to one-ton carrying capacity. No other larger business vehicles or equipment are permitted (such as tractor trailers, semi-trucks, or heavy equipment); and

11.

Pickups from and deliveries to the site in regard to the business shall be limited to vehicles having no more than two axles and shall be restricted to no more than two pickups or deliveries per day.

Household Appliance Stores provided the gross floor area shall not exceed 3,000 square feet.

Kennels provided all outdoor runs, fences, and related buildings/structures shall be located no less than 200 feet from any property line.

Light Manufacturing as identified in NAICS 3271, 33232 and 334 (B-2) provided the gross floor area does not exceed 30,000 square feet.

Massage Therapy provided all requirements of O.C.G.A. § 43-24A-1 et seq as may be amended have been met.

Nursing Homes in accordance with the Rules prescribed by the Georgia Department of Community Health Chapter 111-8 et seq as may be amended.

Personal Care Homes in accordance with the Rules prescribed by the Georgia Department of Community Health Chapter 111-8 et seq as may be amended.

Private Elementary and Secondary Schools, Junior Colleges, Colleges, Universities and Professional Schools, Business Schools and Computer and Management Training and Technical and Trade Schools provided they are less than two acres.

Produce Stands, Temporary provided products are raised on the premises.

Recreational Buildings provided:

1.

They are located on properties larger than 25 acres;

2.

Are additional to other permitted structures on the property;

3.

The building has a water and sewage/septic system;

4.

The building receives a valid Certificate of Occupancy;

5.

Is subject to a minimum setback of 150 feet from all adjacent property lines; and

6.

Shall not be utilized for the operation of a business nor shall it be occupied as a permanent residence.

Recycling Centers provided:

1.

The recycling collection location shall not cause a nuisance, as defined by Chapter 22, Article II of the Code of the City of Hiram, Georgia.

2.

All recycling collection locations shall be no larger than 100 square feet in size, are enclosed on all sides including the top and are emptied on a regular basis.

3.

Recycling collection location must meet the following building setback requirements:

(a)

Front: 100 feet from public right-of-way, private drive or easement, and/or property line, including properties with multiple frontages.

(b)

Side/Rear: 45 feet from a property line.

4.

The recycling collection location must be located in the back/rear yard.

5.

There shall be a maximum of one recycling collection location per lot.

Religious Organizations with attendant Educational and Recreational Buildings and Cemeteries provided:

1.

They are located on tracts of no less than two contiguous acres,

2.

That any building for such proposed use(s) is located no less than 50 feet from front and rear property lines and 25 feet from the side property lines,

3.

Sprinkler systems will be required if the projected occupancy load is 300 or more per the International Building Code, and

Rental and Leasing Services (Non-automotive) provided the storage of equipment areas are enclosed within a solid wall or fence at least six feet in height.

Residential Build-To-Rent, provided:

1.

A Management Company shall manage any Residential Build-To-Rent community based from a staffed, on-site office with standard business hours of at least 9:00 am to 5:00 pm, Monday through Friday.

2.

Any Residential Build-To-Rent community must dedicate at least 5% of the gross land area for an amenity area, including one of the following features: clubhouse, garden, park, playground, pool area or recreation facilities.

3.

All Residential Build-To-Rent communities may only use the following materials on the façades of units: brick, cast stone, concrete siding, natural wood or stone.

4.

Each unit within a Residential Build-To-Rent community must have individual connections to utilities with individual service accounts, including but not limited to electricity, water/sewer, telephone, natural gas, and services for solid waste/recycling.

Sawmills provided any such use is screened from view by a solid opaque wall or existing natural screen at least eight feet in height.

Sexually Oriented Businesses in accordance with Chapter 4, Article I of the Code of the City of Hiram, Georgia.

Shared Workspaces/Co-working Spaces, excluding Sexually Oriented Businesses, with limited food and beverage sales provided the food and beverage sales comprises no more than 15% of gross floor space.

Small Cell Wireless Facilities in accordance with Chapter 710 of the UDO.

Sporting Goods, Hobby, Musical Instrument and Book Retailers provided the gross floor area shall not exceed 3,000 square feet.

Telecommunication Towers in accordance with Chapter 700 of the UDO.

Temporary Impound Lots (I-1) provided:

1.

The entire lot is surrounded by a 25 foot buffer and solid opaque six foot fence surrounding the entire use; and

2.

No impounded vehicles shall remain on the premises more than 90 days.

Temporary Uses in accordance with Chapter 270 of the UDO.

Townhouse Dwellings, including Residential Industrialized Buildings, with a minimum 1,400 square feet of heated living area (MPR) provided they do not comprise more than 10% of the overall area acreage.

Truck (greater than 1.5 tons) Repair Shops provided:

1.

All repair activity shall take place indoors.

2.

They shall only operate with spray enclosures approved by the EPA and Georgia EPD.

3.

Storage of trucks shall be located to the rear of the property and screened by a six-foot solid opaque fence.

Wild and Exotic Animals, Raising in accordance with Chapter 14, Article II, Division 3 of the Code of Paulding County, Georgia, as indicated in the Service Delivery Agreement between the City of Hiram, Georgia, and the Paulding County Board of Commissioners.

(Ord. No. 2023-01, § 1(Att. A), 3-7-2023)

Within the City of Hiram, Georgia, no building, premises, or land shall be used for any of the following uses which may cause objectionable conditions including, but not limited to, noise, vibrations, smoke, gas, fumes, odors, dust, fire hazards, or other objectionable conditions unless the proposed location, construction, and operation of said use shall be found to not be unduly injurious to surrounding developments or to the community in general based upon the standards and criteria set forth in this ordinance, after a study by the Paulding County Planning Commission and approval from the Hiram City Council. The Community Development Director may require a review of the proposed use from the Fire Department, Paulding County Health Department, or other applicable department regarding the potential impact.

The Planning Commission and City Council shall give careful consideration to the reasonably foreseeable negative effects upon and risks to the environment and public health and safety for a use or facility that is, or would be, located within a significant groundwater recharge area, wetland, or water supply watershed. The Planning Commission and City Council may request such studies and investigations at the cost of the applicant as the Planning Commission and City Council may deem necessary to make such determination. Furthermore, the Planning Commission and City Council may, upon approval of a Special Use Permit, require other such terms and conditions as deemed necessary to protect the environment, public health, safety and welfare.

230-40.01

Requirement of Special Use Permit for Certain Activities. Uses controlled in this Section are prohibited unless an approval for a Special Use Permit has been granted by the City Council after a recommendation by the Planning Commission based on requirements of this Section and all other applicable provisions of this UDO.

230-40.02

Applications. An application for a Special Use Permit shall be submitted on forms provided by the Community Development Department Planning and Zoning Division as provided for in this UDO, and shall be advertised in the same manner as applications for rezoning. Public hearings will be held in the same manner as applications for rezoning are conducted. All requests shall be accompanied by the application fee as established by the City Council, as well as, plats and all data specified by the special use permit application form.

230-40.03

Issuance.

A.

The City Council may grant Special Use Permits for any period of time at the discretion of the governing authority.

B.

In addition to general zoning district requirements, the governing authority of the City of Hiram, Georgia, shall consider, at a minimum, the following in its determination of whether or not to grant a Special Use Permit:

1.

Whether or not there will be a significant adverse effect on the neighborhood or an area in which the proposed use will be located.

2.

Whether or not the use is otherwise compatible with the area.

3.

Whether or not the use proposed will result in a nuisance pursuant to O.C.G.A. § 41-1-2.

4.

Whether or not quiet enjoyment of surrounding property will be adversely affected.

5.

Whether or not adequate provisions are made for parking and traffic considerations.

6.

Whether or not the site or intensity of the use is appropriate.

7.

Whether or not special or unique conditions overcome the governing authority's general presumption that residential neighborhoods should not allow non-compatible business uses.

8.

Whether or not adequate provisions are made regarding hours of operation.

9.

Whether or not adequate controls and limits are placed on commercial and business deliveries.

10.

Whether or not adequate landscape plans are incorporated to insure appropriate transition.

11.

Whether or not the public health, safety, welfare, or moral concerns of the surrounding area will be adversely affected.

12.

Whether or not the use shall be consistent with the comprehensive plan for the area.

13.

Whether or not the proposed use is able to be served by adequate public utilities.

14.

Whether or not adequate traffic routes and entrances must be established, including consideration of the deterioration of the existing roadway, expenditure of public funds to maintain roadways, adequacy and safety of road intersections, road widths on roads within and leading to the property, pavement conditions (material, thickness, age, etc.) width and length of property boundaries at road access areas and type of vehicles that may be used at the property.

C.

The above-listed standards shall be printed and copies thereof made available for distribution to the general public at the public hearing.

D.

Each Special Use Permit shall contain such terms and conditions as are deemed necessary by the City Council to protect the environment, public health, and safety, and welfare. The City Council may require such testing and construction supervision as it deems necessary to protect the environment and public health and safety.

230-40.04

Uses Which Require a Special Use Permit: Amusement and Recreation Industries, Outdoor as identified in NAICS Code 713990 except Shooting Ranges and Stables, Riding

Amusement and Theme Parks

Basic Chemical Manufacturing

Breeders provided all outdoor runs, fences and related building/structures shall be located no less than 200 feet from the side and rear property lines and 300 feet from the front property line.

Bus Stations

Cement and Concrete Product Manufacturing

Cemeteries, provided:

1.

Minimum lot area shall be ten acres;

2.

Gravesites shall be set back at least 50 feet from all property lines;

3.

No structure other than grave markers shall be located within 35 feet of property zoned for residential use;

4.

A 20-foot buffer shall be provided in addition to required setbacks along all property lines which adjoin any property zoned for residential use; and

5.

Accessory crematoriums must be setback at least 200 feet from the buffer along all property lines which adjoin any property zoned for residential use.

Dormitories

Explosives Manufacturing

Extended Stay Hotels or Motels

Hog and Pig Farming

Fertilizer Manufacturing

Flea Markets

Food Manufacturing

Fuel Storage for On-site Use of Vehicles and Equipment

Gelatin Manufacturing, except Dessert Preparations

Guest House provided:

1.

It is limited to one such structure per lot and will not include manufactured, mobile or modular structures; and

2.

The minimum lot size requirement is two acres total for the primary residence and the guest house; and

3.

It shall have a minimum heated floor area of 800 square feet; and

4.

It shall have either sewer or an approved septic system; and

5.

It shall be used by a bona fide non-paying guest or relative of the occupants of the principal residence, and shall not be rented or leased; and

6.

It shall not be sold as a separate unit from the principal residence; and

7.

Off-street parking shall be provided in accordance with this Ordinance; and

8.

All applicable building, electrical, HVAC, plumbing, and septic permits shall be obtained after approval of the Special Use Permit.

Heliports

Hog and Pig Farming

Lime and Gypsum Product Manufacturing

Motor Vehicle Parts (Used) Merchant Wholesalers

Motor Vehicle Towing

Nonmetallic Mineral Mining and Quarrying

Outpatient Care Centers except Kidney Dialysis Centers

Paint, Coating, and Adhesive Manufacturing

Pawnshops

Petroleum Refineries

Primary Metal Manufacturing

Private Elementary and Secondary Schools, Junior Colleges, Colleges, Universities and Professional Schools, Business Schools and Computer and Management Training and Technical and Trade Schools two acres and over

Psychiatric and Substance Abuse Hospitals

Racetracks

Retail Liquor Store

1.

Special use permit required for retail package liquor store.

(a)

The use defined as "retail package liquor store" may be permitted only in a B-1, B-2 or PSC zoning district and then only with a special use permit approved in accordance with this Article X where such use is in general conformance with the comprehensive plan for the area in question and upon consideration of the factors listed in Article X, Section A, Paragraphs (4)(a) through (n); provided that the said use should not adversely affect the health and safety of persons residing or working in the area of the proposed use or be detrimental or injurious to property or improvements in the vicinity and provided further that all applicable requirements of the City's code of ordinances, including these zoning regulations, as well as all other local, state, and federal requirements for establishment and operation of such a use are satisfied. (See also Article XVI regarding applicable procedures).

(b)

A special use permit issued pursuant to these provisions shall elapse and expire of its own accord at 12:00 a.m. midnight on the date six (6) months after the special use permit is authorized by the Mayor and Council unless by that date a retail package liquor store has been established and is in operation on the property consistent with the special use permit and all other local, state, and federal permissions required for lawful operation of the retail package liquor store.

(c)

Unless a special use permit issued by the City expires in accordance with subsection (b) above or is otherwise revoked as may be permitted by law, the special use permit shall elapse, expire, and become void of its own accord upon a conveyance of the property at which point the process for a special use permit must be initiated, pursued, and granted in accordance with the City's then-existing ordinances and all other applicable laws should operation of a retail package liquor store be desired or continued.

RV (Recreational Vehicle) Parks and Campgrounds provided:

1.

General requirements. A recreational vehicle park or campground shall meet the following general requirements:

(a)

It shall be primarily for recreational use by persons with transportable recreational housing, with appropriate accessory uses and structures.

(b)

The land on which it is developed shall be under unified control and shall be planned and developed as a whole in a single development operation or programmed series of development operations for recreational vehicles and related uses and facilities. Subsequent subdivision of lots or conveyance of sites to individual owners by any means is prohibited.

(c)

The principal and accessory uses and structures shall be substantially related to the character of the development in the context of the district of which it is a part.

(d)

The park shall be developed according to comprehensive and detailed plans that include streets, utilities, lots, and building sites.

(e)

The park shall have a program for provision, maintenance, and operation of all areas, improvements, and facilities for the common use of all or some of the occupants of the park, but will not be provided, operated or maintained at general public expense.

(f)

A 100-foot buffer shall be maintained along the perimeter of the park.

(g)

Continuous parking for RVs and tent sites shall be restricted to a period of no more than fourteen days.

(h)

All recreational vehicle parks and campgrounds shall meet the requirements of the "Rules of Department of Public Health Chapter 511-6-2 Tourist Accommodations" as now or hereafter amended.

2.

Allowable Uses. The allowable uses in a recreational vehicle park include the following:

(a)

Recreational vehicles.

(b)

Tent camping.

(c)

Convenience establishments for the sale or rental of supplies or for provision of services, for the satisfaction of daily or frequent needs of campers, within the park may be permitted. These establishments may provide groceries, ice, sundries, bait, fishing equipment, self-service laundry equipment, bottled gas, and other similar items needed by users of the park. These establishments shall be designed to serve only the needs of the campers within the park and shall not, including their parking areas, occupy more than 5% of the area of the park, and shall not be located as to attract patronage from outside the grounds, nor have the adverse effects on surrounding land uses.

3.

Site Design Requirements. The following site design requirements shall be met:

(a)

The minimum land area for a recreational vehicle park shall be eight acres.

(b)

The maximum density for a recreational vehicle park shall be six spaces per gross acre. Storage spaces shall be included in the density calculation.

(c)

Individual spaces shall take access to internal streets and shall not take direct access to adjoining public rights-of-way.

(d)

Access to the recreational vehicle park shall be from a collector or arterial roadway.

(e)

Internal streets (minimum 20 feet in accordance with the "Rules of Department of Public Health Chapter 511-6-2 Tourist Accommodations"") shall provide safe and convenient access to spaces and appropriate park facilities. Alignment and gradient shall be property adapted to topography. Construction and maintenance shall provide a well-drained surface that is of adequate width to accommodate anticipated traffic.

(f)

Camping spaces shall be so located in relation to internal streets as to provide for convenient vehicular ingress and egress if the space is intended for use by wheeled units. Where back-in or back-out spaces are used, appropriate maneuvering rooms shall be provided in the adjacent internal street and within the space.

(g)

Where spaces are to be used exclusively for erection of tents on the ground, provision for vehicular access onto such spaces shall not be required, but parking areas shall be located within 100 feet, except in circumstances in which providing such vehicular accessibility would result in excessive destruction of trees or other vegetation, or where it would be impractical to provide such parking areas within such distances for particularly desirable campsites.

(h)

Spaces shall be so related to pedestrian ways and principal destinations within the park as to provide for convenient pedestrian access to such destinations by the pedestrian systems.

(i)

No minimum dimensions are specified for spaces, but each shall provide the clearances specified herein, and the boundaries of each space shall be clearly indicated.

(j)

RV sites shall be at least 20 feet apart, edge to edge, and the center of all camping units shall be at least 30 feet from the edge of the campground road.

(k)

In relation to toilet, washroom, and bath facilities, spaces for RV units shall be located in accordance with the "Rules of Department of Public Health Chapter 511-6-2 Tourist Accommodations".

4.

All proposed and required water sources and sanitary facilities serving parks for recreational vehicles shall conform with the requirements of the Georgia Department of Public Health and the Georgia Department of Natural Resources Water Supply Section, as appropriate.

(a)

Water Supply: Each campground shall have access to a source of potable water approved by the applicable health authority. It is preferable to provide one water outlet per camping unit; however, a minimum of one outlet for every two units shall be provided with two hose bibs equipped with vacuum breakers. Each unit shall have access to water within 50 feet of and RV pad. All water taps or outlets serving campsites shall be of a type compatible with garden hoses connections. The location of water outlets and electrical outlets shall be in accordance with applicable standards specified by the state electrical codes.

(b)

Sewage Disposal: Sewage disposal shall be in accordance with the "Rules of Department of Public Health Chapter 511-6-2 Tourist Accommodations".

(c)

Solid Waste Disposal: All parks shall provide fly-proof, watertight, rodent-proof containers for the disposal of refuse. Containers shall be provided in sufficient number and capacity to properly store all refuse. Refuse for camping areas shall be collected at least once a week.

5.

Any other requirements as may be deemed necessary by the Paulding County Planning Commission or City Council as part of the Special Use Permit Public Hearing process.

Sand Dredging subject to applicable permits from the State, County, and City.

Shooting Ranges, Outdoor

Tattoo Parlors, Makeup Salons (permanent) and Piercing

Telecommunication Towers in accordance with Title 5 of this UDO

Temporary Impound Lots (B-2)

Truck (greater than 1.5 tons) Repair Shops (B-2)

Truck Sales (B-2)

(Ord. No. 2023-01, § 1(Att. A), 3-7-2023; Ord. No. 2023-05, § 1(Exh. A), 7-5-2023)

A Land Use Permit is hereby defined and required for those uses which can ordinarily be carried on out of a residence and lot or other structure without having any significant effect on the neighborhood or area from which such land use is carried on. For example: concrete figurine sales where a single operator is involved; sale of crafts or other items made by the resident; other like and similar uses of a limited nature which are carried on by those who regularly occupy the household and which are not a permissible use as a home occupation.

230-50.01

Granting of Land Use Permits. The City Council is hereby authorized to grant Land Use Permits for businesses compatible with the neighborhood from which such business or occupation is operated and where no nuisance as defined in Georgia law or other significant adverse effect would result to the area or district zoned. Also, the City Council may grant Land Use Permits in commercial areas for structures to be used for dwelling purposes by the proprietor or manager of the commercial use.

230-50.02

Application Procedures. An application for a Land Use Permit shall be submitted on forms provided by the Community Development Department Planning and Zoning Division as provided for in this UDO, and shall be advertised in the same manner as applications for rezoning. Public hearings will be held in the same manner as applications for rezoning are conducted. All applications shall be accompanied by an application fee as established by the City Council.

230-50.03

Issuance.

A.

In no event shall the governing authority grant a land use permit for a period of time in excess of 24 months except on re-application, re-advertisement, and public hearing.

B.

The applicant or operator must reside full time at the residence where the land use permit is granted if the property is located in a platted subdivision.

C.

If the application is for use of a portion of a business for residential use, the proprietor or landlord must reside thereon.

D.

The governing authority shall consider, at a minimum, the following in its determination of whether or not to grant a land use permit:

1.

Safety, health, welfare and moral concerns involving the surrounding neighborhood;

2.

Parking and traffic considerations;

3.

Number of non-related employees;

4.

Number of commercial and business deliveries;

5.

The impact of the business on the surrounding neighborhood as it relates to increased noise, traffic, pollution, safety, and general welfare of the area;

6.

Whether the proposed business is compatible with existing conditions in the neighborhood;

7.

The hours of operation;

8.

Existing business uses in the vicinity;

9.

Circumstances surrounding neighborhood complaints;

10.

Type of use and intensity of proposed business; and

11.

Location of use within the neighborhood.

E.

The above-listed standards shall be printed and copies thereof made available for distribution to the general public at the public hearing.

230-50.04

Uses Which Require a Land Use Permit. Residential Business, subject to the following standards:

1.

The residential business shall not include the repair and/or maintenance of motor vehicles, large scale manufacturing, or any use which will create noise, noxious odors, or any hazard that may endanger the health, safety, or welfare of the neighborhood.

2.

If the residential business involves group instruction or group assembly on the premises, the proposed size of group(s) shall be specified at the time of application for Land Use Permit.

3.

The occupation or profession must be conducted entirely within the dwelling or accessory structure.

4.

The dwelling must be the bona fide residence of the principal practitioner at the time of the application, and, if approved, the residential business shall be valid only as long as the original principal practitioner resides in the dwelling, is conducting the business, and has a current business license.

5.

The residential business shall be limited to no more than 35% of the gross floor area of the dwelling. The proposed size of the residential business shall be specified at the time of application for Land Use Permit.

6.

Any additions or alterations to the dwelling which will be used for the residential business must be of an architectural style in keeping with the surrounding residential and agricultural development.

7.

Only two employees in excess of family members who are residing on the premises shall be permitted. For uses where no customers or clients are coming to the site, the number of employees permitted at any one time may be increased to three.

8.

Parking for customers/clients must be provided in accordance with this Ordinance, location of the parking to be specified in the Land Use Permit Application.

9.

No outside storage or display shall be allowed other than as specified herein.

10.

Days and operation requiring access by the public, customers, vendors, and/or clients shall be Monday through Saturday, daylight hours only.

11.

No more than one residential business or rural business is allowed per residence.

12.

One commercial vehicle is permitted to be parked in the approved parking area. The commercial vehicle is limited to a passenger car, a van, or a light truck (up to one ton), or a personal business vehicle up to one and a half tons.

13.

Any utility trailer or other accessory equipment needed for the orderly operation of the business must be specifically requested and approved by the City Council. The request must include the proposed use and size of the trailer or accessory equipment.

14.

Pickups from and deliveries to the site in regard to the business shall be restricted to vehicles having no more than two axles and shall be restricted to no more than two pickups or deliveries per day. The pickups and deliveries are restricted to daylight hours only and shall not restrict traffic circulation.

15.

There shall not be conducted on the premises the business of selling stocks of merchandise, supplies, or products, provided however that incidental retail sales may be made in connection with the permitted residential business. Also permitted is the sale of articles which have been produced or assembled on the premises, and the sale of items that are primarily shipped directly to the ultimate purchaser, provided that no retail inventory is maintained on the premises.

Residential Dwellings Accessory to Commercial Uses, subject to the following standards:

1.

Only one dwelling unit per commercial use is permitted.

2.

A separate entrance for residential use is required. There shall be no more than one residential entrance per building.

3.

All non-residential off-street parking requirements must be met. Required parking may be located along side of the building, in the rear yard assessed by a driveway or alley.

4.

Only those persons with an interest in the business; the structure; or the real property on which the structure rests may reside on the premises.

5.

The entire structure must be in compliance with any commercial structure codes.

Rural Business, subject to the following standards:

1.

The minimum acreage requirement is three acres.

2.

The applicant must state what the proposed business will be and must submit a site plan/floor plan showing the area to be involved in the business as part of the Land Use Permit application.

3.

The dwelling must be the bona fide residence of the principal practitioner at the time of the application, and, if approved, the rural business shall be valid only as long as the original principal practitioner resides in the dwelling, is conducting the business, and has a current business license.

4.

The business may include small repair shops for appliances, machinery, farm equipment, or automobiles with the following limitations:

(a)

They shall not create noise, noxious odors, or any hazard which would adversely affect the health, safety, or welfare of the adjoining property owners or the neighborhood in general;

(b)

They shall operate during the daylight hours only;

(c)

Outdoor storage of inoperable machinery, equipment, or vehicles is prohibited;

(d)

No more than two vehicles shall actually be serviced, actively worked on, or repaired at any one time;

(e)

All spare parts (new or used) shall be stored within a structure, and the storage space shall be included in the total space allocated for the rural business; and

(f)

All work shall be done within a fully enclosed building.

5.

The business is limited to no more than 1,000 square feet if in an accessory structure, and 1,000 square feet of land if outside a structure. Outside operations or outside storage or display must be specified in the Land Use Permit application and shall be maintained as specified therein. If the rural business is to be in the residence, no more than 35% of the gross floor area may be used for the business. The proposed size of the business shall be specified at the time of application.

6.

Any additions or alterations to the residence which will be used for the rural business must be of an architectural style in keeping with the surrounding residential and agricultural development. Any structure built to house the rural business must be located to the side or rear of the residence, or if the structure would be in front of the residence, it must be at least 100 feet from the front property line in addition to meeting the applicable side and rear setbacks. The structure must be readily and easily usable for customary agriculture and residential uses.

7.

Any outside area other than parking in which the business is conducted shall be enclosed in a manner that the business is not visible from the surrounding property by providing a buffer and/or fence (see buffer section). No equipment which would not ordinarily be found in agricultural or residential use may be used in the rural business.

8.

Only two employees in excess of family members who are residing on the premises shall be permitted. For uses where no customers or clients are coming to the site, the number of employees permitted at any one time may be increased to three.

9.

Parking for customers/clients must be provided in accordance with this Ordinance with location specified in the Land Use Permit application.

10.

Days and operation requiring access by the public, customers, vendors, and/or clients shall be Monday through Saturday, daylight hours only.

11.

No more than one residential business or rural business is allowed.

12.

The City Council may place any reasonable stipulations on the application deemed necessary to insure the orderly operation of the proposed business and its compatibility with the surrounding properties.

(Ord. No. 2023-01, § 1(Att. A), 3-7-2023; Ord. No. 2023-05, § 1(Exh. A), 7-5-2023)