This section shall apply to all accessory uses, buildings and structures, unless otherwise specifically provided.

(a)

Permitted accessory uses. Accessory uses, buildings and structures shall be as permitted in table 2-1, "Use Regulations for Zoning Districts," of this UDC.

(b)

Relationship to principal use. Except in agricultural districts, no accessory use, building or structure shall be allowed on any lot until there exists a principal use on the lot. An accessory building attached to a principal building by a breezeway, passageway, or similar means shall meet the building setback requirements for the principal building.

(c)

Location on lot. Except in agricultural districts, and unless otherwise specifically permitted, all accessory uses, buildings, and structures shall only be permitted or allowed in a side or rear yard of the lot.

(d)

Separation. Accessory buildings shall be separated from principal buildings and any other permitted accessory buildings by at least ten feet.

(e)

Side and rear setback. An accessory building with a building floor area of 200 square feet or less shall be setback a minimum of five feet from any side or rear property line. An accessory building with a building floor area of more than 200 square feet shall comply with the setbacks required for principal buildings for the zoning district in which it is located.

(f)

Yard coverage limits. An accessory building or use shall not occupy more than 50 percent of any side yard if located in a side yard, or more than 30 percent of any rear yard if located in a rear yard.

(g)

Maximum building floor area. Except in agricultural districts and unless otherwise specifically permitted, no accessory building or structure shall exceed the building floor area of the principal building on the lot.

(Ord. No. 17-003, § 1, 10-2-2017)

In addition to the requirements applicable to an accessory use, building or structure generally as provided in section 3-001 of this article, the following regulations shall apply to accessory buildings, structures and uses in all residential zoning districts:

(a)

Maximum height. No accessory building shall exceed a height of two stories or 35 feet.

(b)

Maximum building floor area. Building floor area within any accessory buildings on the residentially zoned lot shall not exceed the building floor area of the principal building on the lot.

(c)

Approval for metal building. In a residential zoning district, any metal building, or building or structure with metal siding, that has a building floor area of 500 square feet or more shall require an application for special exception be granted by the board of adjustment prior to commencing construction.

(d)

Approval for building exceeding 1,000 square feet. Any building or structure accessory to a residential dwelling in a residential zoning district that exceeds 1,000 square feet of building floor area shall require an application for special exception be granted by the board of adjustment prior to commencing construction.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Authorization and zoning districts permitted. An accessory manufactured home may be authorized by the public development department to be placed and occupied on a lot with a dwelling zoned PCFD or A-2 where such accessory housing is needed for family care, in accordance with the requirements of this section.

(b)

Definitions. The following terms used in this section are hereby defined:

Bona fide medical hardship: A physical or mental health condition that necessitates family care of such intensity or continuous duration that the person with the condition and the family providing the care must live in close proximity, either in the same dwelling or on the same lot.

Family care: Watchful oversight and individual assistance with or supervision of self-administered medication and essential activities of daily living such as eating, bathing, grooming, dressing and toileting, provided by a family or family member to a relative.

Primary dwelling: A habitable and occupied dwelling that exists on the property where the manufactured home is to be located.

Relative: A person related by blood, marriage or adoption, but extending in lineage no more than two generations (grandparent or grandchild) or laterally no farther than sibling, niece or nephew.

(c)

Owner must occupy the property. The owner of the lot on which the primary dwelling and the accessory manufactured home are located must occupy either the primary dwelling or the accessory manufactured home as their principal place of residence.

(d)

Relationship between the person with the medical hardship and the owner. The person with the medical hardship for whom family care is needed must be the owner/occupant or a relative of the owner/occupant of the lot. If the person with the medical hardship is the owner/occupant of the lot, he or she must be a relative of the occupant of the other dwelling on the lot.

(e)

Compliance of lot and principal dwelling. The lot with a dwelling on which the accessory manufactured home is to be placed and the primary dwelling must comply with all applicable rules and regulations of the county. If the development on the lot on which the accessory manufactured home is to be placed or the primary dwelling is not in compliance with all applicable rules and regulations of the county, such nonconformity must be rectified before an accessory manufactured home for family care can be placed on the lot.

(f)

Building floor area limit. The building floor area of the accessory manufactured home shall not exceed the building floor area of the principal dwelling on the lot.

(g)

Location on the lot. The accessory manufactured home may be located only in rear or in side yards.

(h)

Setbacks. The accessory manufactured home shall comply with side and rear principal building setback requirements as established for the zoning district in which the lot is located.

(i)

Water and septic connections. The accessory manufactured home must be connected to a potable water supply, and an on-site sewage disposal system (e.g., septic tank) approved by the Jackson County Environmental Health Department.

(j)

Installation requirements. The accessory manufactured home shall be installed in accordance with applicable building and other code requirements.

(k)

Application. An application for an accessory manufactured home for family care can be requested at any time during the year and shall be filed with the county public development department in accordance with application requirements specified by this section. Applications are administratively decided by the public development department in accordance with the requirements of this section.

(l)

Application requirements. An application for accessory manufactured home shall at minimum meet the following requirements:

1.

A letter of intent from the property owner, identifying the person for whom the principal dwelling or the accessory manufactured home is proposed to be occupied, and the relation of that person to the property owner. The letter of intent shall also describe generally the medical hardship involved.

2.

A site plan, showing the proposed location of the accessory manufactured home in relation to the lot lines and the principal dwelling. A tax map showing property boundaries, the existing principal dwelling, and the proposed location of the accessory manufactured home may be accepted by the department.

3.

A description of the existing principal dwelling on the lot, including building floor area and number of bedrooms, as well as an analysis as to why the principal dwelling is not large enough or is otherwise unfit to serve the medical hardship.

4.

A letter from the Jackson County Health Department or a physician that the person for whom family care is proposed has a bona fide medical hardship as defined in this section. The physician's letter must indicate that the person with the medical hardship is a patient of the physician and under that physician's continuing care, and the letter must be dated within the same calendar year that the request for approval is made.

5.

Additional information as determined by the public development department to be necessary to ensure compliance with this section.

(m)

Action on application. The department of public development shall have 30 calendar days from receipt of a complete application to evaluate the application for compliance with the requirements of this section and to make a decision on the application. If the application meets the requirements of this section, the department shall approve the application, subject to any conditions as may be necessary to mitigate adverse impacts on adjacent or nearby property. If the application fails to meet the standards, it shall be denied. The applicant shall be notified in writing by the department of the decision on the application. An administrative decision of the department on the application may be appealed in accordance with the provisions of this UDC for appeals of administrative decisions.

(n)

Renewal. Approval of an application for accessory manufactured home as authorized in this section may be renewed annually, but such renewal must be accomplished on or before March 31 of the calendar year during which renewal is requested. Any request to renew the approval shall be accompanied by a letter from the physician of the person with the medical hardship stating that the person with medical hardship remains under their continuing care and that the medical hardship requiring the use of a manufactured home for the health care of the person continues to exist. Said physician's letter must be dated within the same calendar year that the request for renewal is made. Renewal shall be granted administratively by the public development department upon its finding that the conditions warranting the original approval continue to exist, and that the lot, the primary dwelling, the manufactured home and the occupants continue to comply with all requirements of this section. If such compliance is not found, the application for renewal shall be denied.

(o)

Removal. The accessory manufactured home for family care must be removed from the property within 30 days after the need for such housing no longer exists, or after the lot, the primary dwelling, the manufactured home or the occupants are no longer in compliance with all requirements of this section.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Finding. The Board of Commissioners of Jackson County finds that adult entertainment establishments shall not be allowed within any zoning district other than LI (Light Industrial), GI (General Industrial) and HI (Heavy Industrial), and then only with special use approval.

(b)

Location restrictions. No adult entertainment establishment shall be located within 1,000 feet of: any residence; any church or place of worship, school, government-owned or operated building, library, civic center, public park, hospital, community club, or prison; another adult entertainment establishment; or an establishment selling alcoholic beverages. For purposes of this section, distance shall be by airline measurement from property line, using the closest points on the property lines of the parcels of land involved. The term "parcel of land" means any quantity of land capable of being described by location and boundary, designated and used or to be used as a unit.

(c)

Additional special use criteria to consider. In addition to criteria applicable for decision making with regard to special uses generally, as provided in article 13 of this UDC, the Board of Commissioners of Jackson County shall consider the following criteria prior to making a decision on a special use application for an adult entertainment establishment:

1.

Whether there is evidence that, even though there is compliance with the minimum distance requirements required by this section, the type and number of schools or number of churches or other facilities in the vicinity causes minors to frequent the immediate area;

2.

Whether there is evidence that the location or type of structure would create difficulty in law enforcement, including but not limited to answering complaints or making extra surveillance of the premises;

3.

Whether there is evidence that a special use or a license for the location would be detrimental to the property values in the area;

4.

Whether there is evidence that a special use or license in that location would be detrimental to traffic conditions or that there is a lack of sufficient parking spaces for automobiles. In addition to compliance with any other parking space requirements of this UDC, a licensee shall have sufficient parking on the premises so as to provide parking for his customers and so as to prevent parking on the streets or adjoining property;

5.

Whether there is evidence that alcoholic beverages have been sold to intoxicated persons or to a minor; and

6.

Whether there is evidence that the conduct of the business has violated the law or this section, will create a disturbance, congregation of intoxicated or unruly persons, alcoholic beverages illegally on the premises, or that illegal activities have occurred on or in connection with the premises or business.

(Ord. No. 17-003, § 1, 10-2-2017)

Any agriculture-related activity on a minimum of five acres which is used as a bona fide farm or ranch, or a working farm which grows agricultural products, to allow members of the general public for recreation, entertainment, or education purposes to view and enjoy activities including farm ranching, historical, cultural or harvesting your own types of attractions. Fees for admission or participation are allowed. Agritourism is to be encouraged by Jackson County to allow County inhabitants access to rural farm land. Agritourism is referenced in chapter 4 of the Jackson County Comprehensive Plan, adopted August 11, 2015.

(Ord. No. 17-003, § 1, 10-2-2017)

Adequate separation shall be provided between certain agricultural uses, structures or operations and neighboring residences, as defined and required by this section.

(a)

Principal agricultural use defined. For purposes of this section, principal agricultural use is defined as any of the following uses, structures or operations: active poultry house, feed lot, hog parlor, milking parlor, or manure or other agricultural waste storage impoundment site (this does not restrict the spreading of manure on pastures or fields).

(b)

Accessory agricultural use defined. For purposes of this section, accessory agricultural use shall include: agricultural buildings and structures used for storage or operations, maintenance, or processing of non-animal products; any enclosures for the housing or breeding of animals; horse stables containing more than four stalls; and any corral, pen, open air arena, dressage ring, or other similar improved or constructed riding area or facility except for pasture.

(c)

Distance defined. For purposes of this section, distances shall be measured in a straight line from the nearest point of any existing residence other than that on the same site as a principal agricultural use, and the nearest point of the principal agricultural use.

(d)

Principal agriculture to residence. Principal agricultural uses defined in this section shall be located no closer than 300 feet to any existing residence, excluding any residence on the same site as the principal agricultural use.

(e)

Accessory agriculture to residence. Accessory agricultural uses defined in this section shall be located no closer than 150 feet to any existing residence, excluding any residence on the same site as the accessory agricultural use.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Authority. In addition to other sources of authority, local governments in Georgia are specifically authorized by O.C.G.A. § 6-3-20 to regulate airports and landing fields.

(b)

Reference to federal rules. Aircraft landing areas shall be developed in accordance with any applicable regulations and guidelines of the Federal Aviation Administration (FAA) and any other agency of the federal government with jurisdiction, including but not limited to specifications for takeoff and landing area, approach zones, and safety barriers.

(c)

Environmental impact report. An environmental impact report shall be submitted with an application for special use, addressing whether the facility is consistent with the comprehensive plan, whether the use will have an adverse impact on the surrounding area and, whether the noise level will impact the surrounding area.

(d)

Noise abatement. If sound levels are anticipated to exceed acceptable thresholds at residential zoning boundaries, noise abatement plans may be required as part of an application for special use and shall be subject to the approval of the county during the special use application process.

(e)

Additional conditions. In approving an aircraft landing area, the Jackson County Board of Commissioners may provide that the approval is conditioned on measures or restrictions designed to mitigate any negative impacts of the use.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

State license. No animal shelter shall hereafter be established until or unless any license required by the Georgia Commissioner of Agriculture is issued and a copy of the license is provided to the public development director prior to commencement of operations.

(b)

State rules. Such use shall also comply with any rules adopted by the Georgia Commissioner of Agriculture pursuant to the Georgia Animal Protection Act, O.C.G.A. § 4-11-14. (Additional Reference: Rules of Georgia Department of Agriculture, Animal Protection Division, Chapter 40-13-13, Animal Protection).

(Ord. No. 17-003, § 1, 10-2-2017)

Asphalt plants (petroleum-based manufacturing) or concrete plants (concrete manufacturing) shall comply with the following standards:

(a)

Minimum site area. The minimum site area for establishment of an asphalt or concrete plant shall be five acres.

(b)

Federal and state law. The use shall comply with all applicable federal and state laws, and a copy of any required federal or state permits shall be submitted to the public development director prior to the commencement of operation.

(c)

Operation. Hours of operation shall be limited to daylight hours.

(d)

Setback. A minimum 1,000-foot setback from any residential zoning district boundary or public school or park shall be required.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Authorized. Notwithstanding the requirement that accessory structures are prohibited in front yards of a lot, when a subdivision or establishment provides perimeter security via a fence or wall with a manned or automated/code controlled access gate, an attendant's shelter may be authorized to be constructed in a front yard by the public development director.

(b)

Setback. If authorized the attendant's shelter shall be placed no closer than 20 feet to the front property line.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Setback. Auction facilities, including livestock sales pavilions, show rings or other areas for the display, exhibition, training or sale of livestock, shall not have any animal quarters located closer than 300 feet to a property line.

(b)

Parking. Adequate off-street parking shall be provided for livestock trailers, recreation vehicles, etc., associated with the proposed use, as approved by the public development director, in addition to customer parking.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Procedures for safety. Operators of remote service terminals are required to adopt procedures for evaluating the safety of such terminals, including lighting, landscaping or obstructions, and incidence of crimes of violence (O.C.G.A. § 7-8-2).

(b)

Lighting. Such facilities must meet lighting requirements including minimum ten candlefoot power at the face of the terminal and two candlefoot power within certain distances from the face of the remote service terminal as specified by O.C.G.A. § 7-8-3.

(Ord. No. 17-003, § 1, 10-2-2017)

Automobile or other vehicle repair or paint facilities, whether a principal use or accessory to any other permitted use, shall meet the following requirements:

(a)

Storage of equipment and parts. All equipment and vehicle parts shall be stored within a fully enclosed building or structure.

(b)

Operation. All repair or paint work shall be conducted within a fully enclosed building or structure.

(c)

Service bays. Service bays with overhead doors shall not be located on the front building façade of a building unless provisions are made for screening them from view from the front property line.

(d)

Vehicle storage. Vehicles approved for repair or paint shall be stored in a fully screened location in a side or rear yard of the lot, or within a building.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Paved parking surfaces. All surfaces where vehicles are stored or displayed for sale, rental or lease and all parking areas shall be paved.

(b)

Storage and inoperable vehicles. No outside storage of parts or parking of non-operable vehicles or vehicles with body damage shall be permitted.

(c)

Service bays. If the establishment provides for the servicing or repair of vehicles, service bays with overhead doors shall not be located on the front building façade of a building unless provisions are made for screening them from view from the front property line.

(d)

Unloading zone. The establishment shall provide space on the lot devoted specifically and exclusively for automobile or other vehicle loading and unloading, as approved by the public development director. It shall be unlawful to load or unload automobiles or other vehicles intended for sale, lease, rental, service, or repair at the facility within the right-of-way of any public street. It shall be unlawful to park cars within or otherwise encroach upon the designated and approved loading or unloading zone except for loading and unloading operations.

(e)

Display of vehicles. Automobiles or other vehicles for sale, rental or lease shall not be parked in landscaped areas of the lot or on any unpaved surface. One vehicle may be authorized to be elevated above the grade of the lot not to exceed ten feet in height.

(f)

Lighting plan. When abutting a residential zoning district, automobile and other vehicle sales, rental or leasing establishments shall require submittal to and approval by the public development director of a photometric plan for lighting demonstrating compliance with the requirements of this UDC for outdoor lighting.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Storage and inoperable vehicles. No outside storage of parts or parking of non-operable vehicles shall be permitted.

(b)

Service bays. Service bays with overhead doors shall not be located on the front building façade of a building unless provisions are made for screening them from view from the front property line.

(Ord. No. 17-003, § 1, 10-2-2017)

Bed and breakfast inns shall meet the following requirements:

(a)

Owner resident occupancy. The owner of the inn must reside on the property.

(b)

Duration of stay. The length of stay of any guest in the inn shall not exceed 14 consecutive days.

(c)

Exterior appearance. If the use is established within a building originally designed as a single-family residence, the exterior appearance of the building shall not be altered from its single-family character unless the changes are approved via a special use permit.

(d)

Food service. Food service shall be limited to breakfast only, which shall be served only to guests taking lodging at the inn. Individual rooms that are rented shall not contain cooking facilities, and no food preparation or cooking for guests shall be conducted within any bedroom made available for rent.

(e)

Parking setback. Parking areas for guests, employees, or the owner occupant's household shall not be located closer than 25 feet of any residential property line.

(f)

Employment. Employment related to the inn shall be limited to members of the owner's household occupying the inn, plus either one full-time employee or not more than two part-time employees.

(g)

Codes. The inn must meet all applicable building, occupancy, health, safety and food service codes, rules and regulations.

(Ord. No. 17-003, § 1, 10-2-2017)

Any use authorized by the county which includes blasting operations shall comply as applicable with the Georgia Blasting Standards Act of 1978 (O.C.G.A. § 25-8-1 et seq.) and any rules and regulations promulgated pursuant thereto. (Additional Reference: Rules of the Comptroller General, Safety Fire Commissioner, Chapter 120-3-10, Rules and Regulations for Explosives and Blasting Agents).

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Separation from residence. Any use, structure, or building for the boarding (for more than 12 hours) or breeding of non-domestic animals shall be located no closer than 150 feet of any existing residence, excluding any residence on the same site as said use structure or building.

(b)

Minimum area. The keeping of non-domestic animals such as horses, livestock, dairy, poultry, pigs, goats, or sheep, shall require at least one and one-half acres of land.

(c)

Domestic animals. Breeding of domestic animals (i.e., dogs and cats, etc.) shall be setback a minimum of 100 feet from any property line and shall be limited to four animals as breeding stock.

(d)

Submittal of state license. No animal breeding or boarding facility shall hereafter be established until or unless any license required by the Georgia Commissioner of Agriculture is issued and a copy of the license is provided to the public development director prior to commencement of operations. Such use shall also comply with any rules adopted by the Georgia Commissioner of Agriculture pursuant to the Georgia Animal Protection Act, O.C.G.A. 4-11-14. (Additional Reference: Rules of Georgia Department of Agriculture, Animal Protection Division, Chapter 40-13-13, Animal Protection).

(Ord. No. 17-003, § 1, 10-2-2017)

A residence for a caretaker or night watchman may be permitted as a use accessory to a business or industrial establishment, subject to compliance with the following regulations:

(a)

Evidence of need. Evidence of need for full-time security or on-site management after operation hours must be submitted to and accepted by the public development director.

(b)

Specifications. The caretaker's residence shall contain a minimum of 600 square feet of heated floor area, which may be included inside a principal building on the lot or as a detached residential structure separate from the principal building(s) on the lot.

(c)

Parking. Two off-street parking spaces shall be provided in addition to the parking required for the principal use(s).

(Ord. No. 17-003, § 1, 10-2-2017)

Carport structures fabricated of metal or aluminum shall not be permitted in R-1, R-2, and R-3 zoning districts.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Child care learning centers. Child care learning centers, as defined herein (19 or more children), shall meet Rules for Child Care Learning Centers, Chapter 591-1-1, Georgia Department of Early Care and Learning, updated March 16, 2014, as may be amended from time to time. Outdoor play areas shall be provided in a rear or side yard and shall be enclosed by a solid wall or fence at least six feet in height. The facility shall provide adequate areas for the safe drop-off and pick-up of children in a driveway, turnaround or parking area.

(b)

Group day care home. Group day care homes, as defined herein (seven to 18 children) shall meet Rules and Regulations for Group Day Care Homes, Chapter 290-2-1, Georgia Department of Early Care and Learning, updated March 16, 2014, as may be amended from time to time. Outdoor play areas shall be provided in a rear or side yard and shall be enclosed by a solid wall or fence at least six feet in height. The facility shall provide adequate areas for the safe drop-off and pick-up of children in a driveway, turnaround or parking area.

(c)

Family day care home. Family day care homes, as defined (three to six children), are permitted as home occupations, subject to compliance with Rules and Regulations for Family Day Care Homes, Chapter 290-2-3, Georgia Department of Early Care and Learning, updated March 26, 2014, as may be amended from time to time. For purposes of this paragraph only, children who are related by blood, marriage or adoption to the care provider shall not be included in the calculation of the six children limitation.

(d)

Adult day services. Adult day services, as defined, herein, shall meet any applicable rules of the Georgia Department of Human Resources Division of Aging Services.

(e)

Indoor and outdoor area. Child care learning centers, group day care homes, and adult day services shall have at least 150 square feet of outdoor play area and at least 35 square feet of indoor space provided for each child or other person served. The outdoor play area shall be enclosed by a fence with a minimum height of four feet.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Location. A church shall not be authorized to be constructed or established within the boundaries of a major subdivision platted for single-family detached dwellings, unless the lot on which the church is to be located is designated as "institutional" on the future land use plan of the Jackson County comprehensive plan.

(b)

Parsonage. A church or place of worship that constitutes the only principal use on the lot shall be permitted one residence as an accessory use, with its customary accessory uses, for the housing of the pastor, priest, minister, rabbi, etc.; provided that if the residence is a stand-alone unit it shall be separated by a minimum of 15 feet from other buildings on the lot.

(c)

School or day care. A church or place of worship shall be permitted a school or day care center as an accessory use.

(d)

Cemetery. A church or place of worship that constitutes the only principal use on the lot shall be permitted to have a cemetery as an accessory use.

(e)

Community food or housing shelter. One community food or housing shelter is an authorized accessory use to a church or place of worship, subject to the requirements of section 3-033 of this UDC.

(f)

Community donation center. A church or place of worship may operate a community donation center, subject to compliance with section 3-032 of this UDC.

(g)

Recreational fields. A church or place of worship that constitutes the only principal use on the lot shall be permitted to have unlighted recreational fields; lighted recreational fields accessory to a church or place of worship shall require special use approval.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Minimum lot area. A nonprofit club or lodge shall require a minimum lot size of one acre.

(b)

Location. A nonprofit club or lodge shall not be authorized to be constructed or established within the boundaries of a major subdivision platted for single-family detached dwellings, unless the lot on which the church is to be located is designated as "institutional" on the future land use plan of the Jackson County Comprehensive Plan.

(c)

Setbacks. All principal and accessory buildings and structures shall be setback at least 25 feet from all property lines.

(Ord. No. 17-003, § 1, 10-2-2017)

Except for portions of private colleges or universities locating within a leased commercial office building with more than one leasable space, a campus master plan for a private college or university shall be required to be submitted for the public development director's review and approval prior to issuance of a development permit.

(Ord. No. 17-003, § 1, 10-2-2017)

Outdoor commercial recreational facilities, as defined, are typically accompanied by substantial off-site impacts. Accordingly, the following regulations are imposed and shall be met:

(a)

Minimum area. Such uses require a minimum lot area of five acres.

(b)

Hours of operation. Unless otherwise specifically provided for in special use approval, the hours of operation of an outdoor commercial recreation facility shall be limited to time between 8:00 a.m. and 10:00 p.m.

(c)

Setback and buffer. A minimum building setback of 100 feet, and a natural undisturbed buffer replanted where sparsely vegetated of at least 50 feet adjacent to side and rear property lines. Greater setbacks and larger buffers may be imposed during special use approval.

(d)

Outdoor lighting. Uses that propose night lighting other than incidental security lighting shall be required to submit a photometric plan to enable the evaluation of impacts from illumination and compliance with the outdoor lighting requirements of this UDC.

(e)

Noise and air pollution abatement. Noise abatement and air pollution abatement plans may be required as part of an application for special use and shall be subject to the approval of the county during the special use application process. Such projects may be required to construct noise attenuation walls or otherwise address off-site noise or air pollution impacts.

(f)

Traffic impact study. A traffic impact study shall be required as part of the special use application.

(Ord. No. 17-003, § 1, 10-2-2017)

Community donation centers shall meet the following requirements:

(a)

Indoor storage. All collected items shall be stored inside an enclosed building.

(b)

Loading and unloading. Loading/unloading space shall be provided on the site as approved by the public development department.

(c)

Limits on materials collected. The center shall not accept hazardous materials, motor vehicles or motor vehicle parts, bathroom or kitchen fixtures, guns, ammunition, weapons, carpet, or construction materials.

(d)

Duration of operation. Hours of operation, and any associated loading or unloading operations, shall occur only between the hours of 7:00 a.m. and 9:00 p.m.

(Ord. No. 17-003, § 1, 10-2-2017)

Community food and housing shelters or crisis centers as defined shall comply with the following:

(a)

Required facilities. Housing shelters shall have adequate beds, showers, and restroom facilities provided at the location to meet the needs of the overnight guests, all maintained in a clean, safe, and sanitary fashion.

(b)

Duration of stay. Guests of the shelter shall be required to leave the shelter premises no later than 7:00 a.m.

(c)

Distance separation. No such use shall be located closer than 500 feet, measured as the crow flies, to a residential zoning district boundary or an existing detached single-family dwelling.

(d)

Accessory to church. In zoning districts where permitted, a community food or housing shelter may be operated as a use accessory to a church or other place of worship, provided it meets the requirements of this section.

(e)

Generator required. All new facilities shall be required to have an on-site generator capable of supporting the structure's maximum power usage ensuring essential life safety services. A maintenance report shall be submitted annually with occupational tax certificate renewals.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 25-002, § 1, 4-21-2025)

Upon application, the director of public development may authorize a temporary concrete batching plant (manufacturing of concrete) to be established on a site in General Industrial (GI) or Heavy Industrial (HI) zoning districts where a building permit has been issued by the county for an industrial building involving concrete construction, if the application demonstrates compliance with the requirements of this section.

(a)

Minimum site area. The minimum site area for establishment of the temporary batching plant shall be five acres.

(b)

Plan approval. The location of the batching plant and any associated wash out area must be shown on soil erosion and sedimentation control plans that have been approved by the county as local issuing authority.

(c)

Operation. Hours of operation may be limited by the public development director depending on impact on surrounding properties and land uses.

(d)

Lighting. If the plant is approved to operate during darkness and lighting of the site is proposed, the application for a temporary, on-site batch plant shall include information regarding lighting of the work area, which is subject to approval of the public development director.

(e)

Setback. A minimum 1,000-foot setback from any residential zoning district boundary or public school or park shall be required.

(Ord. No. 17-003, § 1, 10-2-2017)

If a condominium form of ownership is proposed, the development shall meet all applicable state laws including the Georgia Condominium Act (O.C.G.A. § 44-3-70 et. seq.). Proposed bylaws and the articles of incorporation for the condominium association shall be submitted to the public development director with the application for development approval. In addition, condominium site plans or plats or maps shall be submitted to the public development department for approval if required.

(Ord. No. 17-003, § 1, 10-2-2017)

Industrialized or other temporary buildings or structures may be used for a temporary construction field office, subject to compliance with the following regulations:

(a)

Approval and permit. Approval by the public development director and issuance of a permit by the building inspector shall be required. Said permit shall be temporary but renewable once after a period of six months.

(b)

Development approval. A construction field office shall not be erected or established until plans and permit(s) have been approved for one or more permanent buildings on the subject property.

(c)

Water and sewer. Adequate water and sewage disposal for the structure(s) shall be approved by the Jackson County Environmental Health Department.

(d)

Removal. Said industrialized or temporary building or structure(s) shall be removed from the site no later than upon the occupancy of the appropriate permanent building(s) or structure(s) intended for such use.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Reference to state rules. A continuing care retirement facility shall meet any applicable rules of the Georgia Department of Community Health and shall demonstrate compliance with all appropriate licensure requirements and operational procedures required by the Office of Regulatory Services of the Georgia Department of Human Resources.

(b)

Minimum area. The minimum lot size for a continuing care retirement facility shall be five acres.

(c)

Building setback. All principal and accessory buildings shall be setback a minimum of 50 feet from all property lines.

(d)

Accessory uses. The facility may have on site as a part of its development the following accessory uses for use of residents and their guests and employees of the facility only: full-service kitchen for meals, exercise facilities, swimming pools, tubs and spas, administrative offices, hospital-width corridors and doors, nursing stations, treatment rooms, emergency paging systems, indoor recreational facilities, handicap-assisted restrooms, hair salons, computer facilities, game and card rooms, chapel, movie theaters, wellness centers, billiard rooms, restaurant facilities, common areas, libraries, dining rooms, mail rooms, housekeeping and storage areas, laundry facilities, and gift shops.

(e)

Generator required. All new facilities shall be required to have an on-site generator capable of supporting the structure's maximum power usage ensuring essential life safety services. A maintenance report shall be submitted annually with occupational tax certificate renewals.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 25-002, § 2, 4-21-2025)

(a)

Storage of vehicles and equipment. Vehicles, parts and implements, and any equipment associated with the establishment shall be stored within a building, or in a side or rear yard of the lot, fully screened from view of all public roads and nearby properties via buildings and/or a solid, opaque wooden fence or masonry wall at least six feet in height.

(b)

Service bays. If the building includes bays with overhead roll-up doors, such service bays with overhead doors shall not be located on the front building façade of a building unless provisions are made for screening them from view from the front property line as approved by the public development director.

(c)

Paved surfaces. All outdoor surfaces where vehicles are parked or stored or where parts, implements, or any equipment associated with the establishment is stored outside, shall be paved.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Minimum area. The minimum lot size for a crematory shall be five acres.

(b)

Reference to state law. A crematory shall meet the requirements of O.C.G.A. § 43-18-72, including but not limited to a prohibition within 1,000 feet of a residential subdivision platted and recorded in the office of the superior court of Jackson County.

(c)

License. A copy of the license required by O.C.G.A. § 43-18-72 issued by the Georgia Board of Funeral Service shall be submitted to the public development director prior to commencing operation.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Reference to state law. Dams shall comply as applicable with the Georgia Safe Dams Act of 1978 (O.C.G.A. § 12-5-370 et seq.), including inspection and permitting to reduce the risk of dam failure. [Reference: O.C.G.A. § 12-5-371].

(b)

Reference to state rules. No dam shall be established unless it meets applicable Rules of the Georgia Board of Natural Resources governing the construction and maintenance of dams or artificial barriers. [Reference: O.C.G.A. § 12-5-374; Additional Reference: Rules of Georgia Department of Natural Resources, Environmental Protection Division, Chapter 391-3-8 Rules for Dam Safety].

(c)

Permit. No dam shall be constructed in the county unless a copy of the state permit required per O.C.G.A. § 12-5-376 to construct a dam is submitted to the public development director prior to construction.

(d)

Removal of dam. No dam shall be removed in the county unless a copy of the permission to remove a dam granted by the state per O.C.G.A. § 12-5-377 is submitted to the public development director prior to removal.

(Ord. No. 17-003, § 1, 10-2-2017)

In zoning districts where permitted, drive-through facilities shall meet the following requirements:

(a)

Drive-through lanes. A drive-through lane shall be clearly marked on site plans and on the lot with adequate stacking space on site for vehicles. No drive through lane shall cross an access easement on the lot.

(b)

Drive-through window locations. No drive-through window shall be permitted on the front façade of a building. No drive-through window shall be located within 20 feet of the front façade of a building.

(c)

Specifications. See article 6 of this UDC for additional specifications for drive-through lanes.

(Ord. No. 17-003, § 1, 10-2-2017)

In zoning districts where permitted, single-family attached, fee simple dwellings (townhouses) shall meet the following requirements:

(a)

Dimensional requirements. In addition to the applicable dimensional requirements specified in table 2-2 for the zoning district in which the use is located, maximum residential density, minimum lot width, and minimum heated floor area per dwelling unit shall be as follows:

(b)

Setback. Zero lot line between fee-simple units within the same building shall be permitted, subject to applicable fire and building codes.

(c)

Units in building. There shall be no less than three dwelling units in a building, and no more than ten units may have common walls.

(d)

Staggered front facades. Any building containing more than three units with common walls must have the roof and front building wall (façade) of each attached unit distinct from the other through offsets of three feet or more in roof design and front building wall location.

(e)

Building separation. Buildings in townhouse developments shall be separated by a distance of at least ten feet.

(f)

Plat approval. See Article 15, "Subdivision," of this UDC for platting requirements.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Dimensional requirements. In addition to the applicable dimensional requirements specified in table 2-2 for the zoning district in which the use is located, maximum residential density, minimum lot width, and minimum heated floor area per dwelling unit shall be as follows:

(b)

Dwelling units per floor. No more than eight dwelling units per floor may be included within a building used exclusively as a multi-family dwelling.

(c)

Building separation. Multi-family buildings shall be separated from each other by a distance of at least 75 feet, except for the sides of such buildings which shall be separated from each other by a distance of at least 40 feet.

(d)

Community recreation. Multi-family residential developments consisting of 50 or more dwelling units shall provide a minimum of 20 percent of the total land area for community recreation, and ten percent of the total land area (i.e., no less than one-half of the community recreation minimum requirement) shall consist of active recreation as approved by the public development director.

(Ord. No. 17-003, § 1, 10-2-2017)

All single-family detached dwelling units, including on-site built dwellings and industrialized housing, shall meet or exceed the requirements of this Section. Manufactured homes shall also meet or exceed the requirements of this Section.

(a)

Dimensional requirements. See Table 2-2 for the zoning district in which the use is located, for minimum lot size, maximum height, minimum lot width, and principal building setback requirements.

(b)

Minimum floor area. The dwelling unit shall provide a heated gross floor area of at least 1,400 square feet (see definition of building floor area in section 105 of this UDC). Manufactured homes less than 1,400 heated square feet are not allowed to be moved into unincorporated Jackson County. Manufactured homes are also not eligible to be added onto.

(c)

Roof composition. All roof surfaces exposed to view from the fronting street shall be covered with asphalt or fiberglass shingles, wood shakes or shingles, standing seam (noncorrugated) metal, clay tiles, slate, or similar approved materials.

(d)

Roof pitch. All roof surfaces shall have a minimum pitch of 3: 12 (3 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.

(e)

Exterior siding. Exterior siding materials shall consist of any combination of wood, brick, stone, stucco or similar material, vinyl or fiber cement lap siding, or similar materials. Metal siding, corrugated metal and vinyl-covered metal siding is not permitted, except that vinyl siding may be used above heated building floor areas.

(f)

Foundation. The structure shall be attached to a permanent foundation constructed in accordance with applicable requirements for the type of dwelling constructed or installed. The area beneath the ground floor of the structure shall either be a slab foundation or shall be enclosed around the exterior of the structure with a foundation wall or a nonload bearing curtain wall constructed of masonry (stone or brick), cast in place concrete or concrete block finished with stucco or similar approved material, at least 4 inches thick, penetrated by openings only for installed vents and access doors.

(g)

Tie-downs. Manufactured homes shall have tie-downs or other devices securing the stability of the manufactured home and shall be installed in accordance with the applicable state requirements and per the manufacturer's instructions.

(h)

Landings, etc. For any door elevated above the ground, there must be a landing that is a minimum of 36 inches by 36 inches. All exterior landings, stairways, decks, porches and balconies, and all appurtenances attached thereto, shall be maintained so that they are structurally sound, in good repair with proper anchorage and capable of supporting the imposed loads.

(i)

Moving devices removed. If towing devices, wheels, axles, or hitches are used to transport the structure to the site, they shall all be removed prior to occupancy.

(j)

Compliance with codes. The dwelling shall be constructed in accordance with all applicable requirements of the building code as applicable in the county, or in accordance with standards established pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC 5401 et seq.) for manufactured homes, or in accordance with state law and regulations for industrialized buildings, whichever apply.

(k)

Prohibited uses. Manufactured homes are specifically designed and intended to function as a residential dwelling. Therefore, any modification into an accessory structure, such as for storage purposes, is strictly prohibited. If modifications have occurred in a manner the home is no longer habitable by, for instance, removing essential features like the kitchen, bedrooms, bathrooms, electrical, plumbing, HVAC, or interior/exterior walls, the manufactured home shall not receive necessary permits to restore for residential use.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 21-008, § 1, 12-20-2021; Ord. No. 24-003, § 2, 8-19-2024)

(a)

Standards by reference. All two-family dwellings (duplexes) shall meet the requirements of section 3-048 of this UDC for single-family detached dwellings, as applicable, except for the minimum building floor area requirements, in which case duplexes are subject the minimum building floor area requirement specified in this section.

(b)

Dimensional requirements. In addition to the applicable dimensional requirements specified in table 2-2 for the zoning district in which the use is located, minimum lot area, minimum lot width, maximum building coverage, and minimum heated floor area per dwelling unit shall be as follows:

(Ord. No. 17-003, § 1, 10-2-2017)

All barndominium single-family detached dwelling units shall meet or exceed the requirements of this section.

(a)

Location and dimensional requirements. See table 2-1 for the zoning districts where the use can be located and table 2-2 for minimum lot size, maximum height, minimum lot width and principal building setback requirements. Barndominium dwellings are not to be permitted within any residential common developments.

(b)

Minimum floor area. The dwelling portion of the unit shall provide a heated gross floor area of at least 1,400 square feet (see definition of building floor area in section 105 of this UDC).

(c)

Roof composition. All roof surfaces exposed to view from the fronting street shall be covered with asphalt or fiberglass shingles, wood shakes or shingles, standing seam (noncorrugated) metal, clay tiles, slate or similar approved materials.

(d)

Roof pitch. All roof surfaces shall have a minimum pitch of 3:12 (three 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.

(e)

Exterior siding. Exterior siding materials shall consist of any combination of wood, brick, stone, stucco or similar material, vinyl or fiber cement lap siding, or similar materials. Non-corruagted metal siding is also allowed.

(f)

Foundation. The structure shall be attached to a permanent foundation constructed in accordance with applicable requirements for the type of dwelling constructed or installed. The area beneath the ground floor of the structure shall either be a slab foundation or shall be enclosed around the exterior of the structure with a foundation wall or a nonload bearing curtain wall constructed of masonry (stone or brick), cast in place concrete or concrete block finished with stucco or similar approved material, at least four inches thick, penetrated by openings only for installed vents and access doors.

(g)

Landings, etc. For any door elevated above the ground, there must be a landing that is a minimum of 36 inches by 36 inches. All exterior landings, stairways, decks, porches and balconies, and all appurtenances attached thereto, shall be maintained so that they are structurally sound, in good repair with proper anchorage and capable of supporting the imposed loads.

(h)

Compliance with codes. The dwelling shall be constructed in accordance with all applicable requirements of the building code as applicable in the county, or in accordance with state law and regulations, whichever apply.

(Ord. No. 21-009, § 2, 12-20-2021)

Fallout shelters or underground bunkers shall be subject to the following requirements:

(a)

Location. A fallout shelter shall only be placed in or under a side or rear yard of the lot.

(b)

Setback for above-ground portion. If any portion of the structure extends above the ground, then the portion above the ground must comply with side and rear setbacks applicable to principal buildings for the zoning district in which the shelter or bunker structure is located.

(c)

Obstructions. A fallout shelter or underground bunker shall not be placed under any septic tank drain field, any buried utilities, or within or under any utility easement.

(d)

Permit. A permit shall be required to be issued by the public development department.

(Ord. No. 17-003, § 1, 10-2-2017)

In zoning districts where permitted, upon application, dwellings for farm workers may be authorized by the public development director, on the same tract of land as a farm that is producing crops, subject to compliance with the following requirements:

(a)

Number. The number of dwellings shall be limited to one dwelling for each 20 acres in the farm.

(b)

Sewage disposal. The dwellings shall provide adequate means of sewage disposal as approved by the Jackson County Environmental Health Department and the public development director.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Definitions.

Fence: An enclosure or barrier, composed of wood, masonry, stone, wire, iron, or other materials or combination of materials used as a boundary, means of protection, privacy screening, or confinement, including brick or concrete walls but not including hedges, shrubs, trees, or other natural growth. This does not include barbed wire and chain-link, which are separately defined.

Fence, barbed wire: One or more strands of wire or other material having intermittent sharp points of wire or metal that may puncture, cut, tear, or snag persons, clothing, or animals, including vertical supports.

Fence, chain-link: An open mesh fence made entirely of wire woven in squares of approximately one and one-half inches with vertical supports, usually spaced at an interval of six feet, usually at a height of three or more feet.

Berm: A visual screen created through construction of earthen berms supplemented with vegetation to present an opaque visual separation when viewed from one side to the other throughout the year.

Retaining wall: A structural wall formed for the purpose of holding back (retaining) earthen soils to prevent sliding or erosion.

(b)

Location limits.

1.

Setback. Fences, walls, or retaining walls are not subject to setbacks for buildings or accessory structures unless specifically provided otherwise in this UDC

2.

Rights-of-ways. Fences, walls, or retaining walls shall not be located within any public right-of-way.

3.

Easements. Fences, walls, or retaining walls shall not be constructed over utility easements without the specific permission of the utility provider and the approval of the public development director. Fences, walls, or retaining walls that restrict the flow of water, as determined by the public development director, shall not be erected, installed, or placed within a drainage easement.

4.

Gates. When gates for vehicular access are required or proposed, said gates shall not be located closer than 25 feet of a public street or road right-of-way.

5.

Sight visibility triangle. Fences, walls, or retaining walls shall not be permitted to obstruct vision within sight visibility triangles at the intersections of public rights-of-ways and streets with driveways.

(c)

Height limits.

1.

Generally. No fence or wall (except for retaining walls and safety barriers) shall exceed ten feet in a commercial or industrial zoning district, or eight feet in height in any other zoning district, unless specifically approved by the public development director for a tennis court or other recreation facility, subdivision entrance monument, utility installation, public use, or where required to meet screening or safety requirements imposed by this UDC.

2.

Residential front yard. No fence or freestanding wall constructed in a front yard of a residential lot within a residential zoning district shall exceed four feet in height.

(d)

Composition.

1.

Approved materials. Fences and walls shall be composed of permanent materials approved by the public development director. Brick, stone, rock, wood, and decorative concrete block shall be permitted unless otherwise specified in this UDC. Vinyl and certain types of metal (e.g., wrought iron, aluminum, chain-link, and wire) may be authorized. No solid metal fencing material shall be allowed. Walls may be comprised of unfinished concrete block but shall be finished with brick, stone, stucco, or other material approved by the public development director.

2.

Materials prohibited. Fences or walls shall not be composed of plywood, particle board, paper, plastic, plastic tarp, tires, pallets, recycled or discarded materials, or any other cast-off, secondhand, or other items not originally intended to be used for constructing or maintaining a fence or wall. No solid metal fencing material shall be allowed.

3.

Razor wire. Razor wire shall not be used unless specifically approved by the public development director based on documented security needs and shall be limited to the General Industrial (GI) and Heavy Industrial (HI) zoning districts unless for a public use.

4.

Barbed wire fences. Fences comprised of three or more strands of barbed wire are authorized within all agricultural zoning districts. Barbed wire top strands are permitted above chain-link fencing in commercial and industrial zoning districts.

5.

Chain-link. When chain-link fencing for an institutional, commercial, or industrial establishment is authorized to be placed in a front yard or is placed in a side yard visible from the public right-of-way, the chain-link fence shall be vinyl coated. Chain-link fences with interwoven vinyl or metal inserts shall not be an acceptable form of screening and shall not be used without specific approval of the public development director.

6.

Screen fences. When a fence is required by this UDC for screening, the decorative side of the fence shall face the exterior property line.

(e)

Specific fencing or wall requirements.

1.

Trash or dumpster enclosures. Walls and fences forming trash enclosures shall be constructed of sturdy, durable, opaque materials (with trash receptacles screened from view) which are similar to or designed to be compatible with architectural materials used for the principal building on the site it serves.

2.

Retaining walls visible from public right-of-way. When retaining walls are required and will be visible from a public right-of-way, the public development director may limit the height of said retaining wall during the process of reviewing and approving development and grading plans. In addition, the public development director may require that any retaining wall of 100 feet or longer to minimize visual monotony through changes in plane, height, material, or material texture, or through significant landscape massing.

3.

Subdivision or project entrance monuments. All fences or walls comprising a subdivision of project entrance monument shall require plans prepared by a registered landscape architect and are subject to the approval of the public development department. During the approval process, the department may require fences or walls to incorporate columns or pillars extending at least six inches horizontally and a height at least as high as the height of the fence or wall, every 50 feet of fence or wall length, or to articulate the surface plane wall by incorporating plane projections or recesses having a depth of at least one foot and extending a horizontal distance of at least three feet and less than 20 feet. This articulation requirement shall not apply to a fence or wall constructed of brick, masonry, or metal fencing that consists of at least fifty percent open voids.

4.

Swimming pools. Swimming pools must be enclosed by a fence or wall at least four feet in height with a locking gate.

(f)

Retaining walls. Retaining walls, where required, shall be designed to ensure stability against overturning, sliding, excessive foundation pressure and water uplift.

1.

Approved materials. Materials used in the design of retaining walls shall be limited to: six inches by six inches or larger treated lumber, precast concrete stone or block, concrete masonry block, or solid poured concrete.

2.

Engineered design. Retaining walls greater than four feet in height are required to be designed by a professional engineer.

3.

Guards. Guards are required along open sided surfaces of retaining walls that are located more than 30 inches measured vertically to the grade below at any point within 36 inches horizontally to the edge or the open side.

4.

Surrounding grading. The slope above the retaining wall and below the retaining wall shall be a maximum of a 33 percent slope [one foot of vertical rise to three feet of horizontal run].

5.

Height. Required guards shall not be less than 36 inches measured vertically above the adjacent open sided surface.

6.

Opening limitations. Required guards shall not have an opening from the open sided surface to the required guard height which allows the passage of a sphere four inches in diameter.

7.

Live load. The minimum uniformly distributed live load of required guards shall not exceed 200 pounds per square foot of applied pressure.

(g)

Berms.

1.

All earthen berms shall have maximum of four to one side slopes.

2.

Earthen berms shall be three to six feet tall and varying in height, except where the berm tapers and in areas necessary for drainage purposes.

3.

Berms may be tapered and offset to create a visual aesthetic. In the gaps created, six foot tall evergreen shrubs are required to create a visual screen.

4.

Berms are required to be vegetated throughout. The combination of the berm and the density of the planting are to be determined by the natural growth pattern of the different species and required to be staggered to create a six-foot tall opaque visual screen within two years of installation. All shrubs must be evergreen with the exception of a maximum of 20 percent flowering deciduous plants.

5.

The public development director shall have the authority to modify berm requirements based on existing site conditions.

(h)

Exemption for temporary fencing. The requirements of this section shall not apply to temporary fencing erected around or within a lot or development site during construction, such as silt fences, and tree protection fences, and other erected under order of the building inspector or public development director; provided, however, that all such temporary fencing shall be removed upon completion of construction.

(i)

Permit required for fencing or walls. A fence or wall that requires an engineered foundation according to the building code shall require a permit to be approved and issued by the building inspector prior to erection of the fence or wall. Any fence greater than six feet in height shall require a permit, regardless of whether it includes an engineered foundation or not.

(j)

Maintenance. Fences and walls shall be maintained, repaired if damaged, and replaced if severely damaged or destroyed.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 22-003, § 1, 5-16-2022; Ord. No. 24-002, § 1, 8-19-2024)

A flea market shall comply with applicable state law regarding flea market vendors record keeping (O.C.G.A. § 10-1-360 et seq.).

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Motor vehicle tag. A food truck must have a valid tag from the state's division of motor vehicles.

(b)

Food service rules. Food trucks, and mobile food vendors as may be applicable, shall operate in accordance with the State of Georgia's Rules and Regulations Food Service, Chapter 290-5-14, Manual for Design, Installation and Construction, Section U—Special Food Service Operations.

(c)

Health department license, permit or approval. The operator of a food truck or mobile food vendor shall make application for a license or permit as may be required to the Jackson County Health Department, and the applicant shall submit evidence of health department approval prior to authorization by the public development department. No food truck shall operate without health department permit or approval.

(d)

Owner authorization. Food truck operators and mobile food vendors shall obtain the signed approval of the property owner for each location at which the food truck or mobile food vendor operates. Such approval must be made available for inspection upon request.

(e)

Separation distances specified. No food truck shall operate (as measured in a straight line from property line to closest point of the approved food truck location, where distances are specified) within: 750 feet of a public or private elementary, junior or high school while school is in session; nor within 150 feet of a property with a single or two-family residential dwelling; nor within 150 feet of a restaurant entrance, unless a waiver is granted by the owner of property on which the restaurant is located.

(f)

Hours of operation. Food trucks and mobile food vendors shall not operate between the hours of 10:00 p.m. and 7:00 a.m. Food trucks shall not be parked in an approved operating location overnight.

(g)

Additional operational constraints. No food truck or mobile food vendor shall be permitted to have a vehicular drive-through facility or drive-up window. No amplified microphones or bullhorns shall be permitted as part of the food truck or mobile food vendor operation.

(h)

Sanitation. Food truck operators and mobile food vendors shall be responsible for the proper disposal of waste and trash associated with the operation. Public trash receptacles shall not be used for this purpose. Operators shall remove all waste and trash prior to leaving each location or as needed to maintain the health and safety of the public.

(Ord. No. 17-003, § 1, 10-2-2017)

Fraternity or sorority houses or dormitories shall meet the requirements for group homes or rooming houses as specified in section 3-064 of this UDC.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Residential setback. Fuel pumps must be located at least 100 feet from any residential zoning district boundary.

(b)

Setback and requirements for canopies. Canopies covering gasoline dispensers and all gasoline or other fuel pumps shall be set back not less than 25 feet from any public right-of-way and all other property lines. The canopy shall not exceed the height of the principal building, but in no case shall exceed 24 feet in height. Columns supporting the fuel canopy shall be faced with brick or stone. Lighting fixtures underneath the canopy structure shall recessed into the canopy so that they do not extend beyond the area beneath the canopy.

(c)

Generator required. As a form of emergency preparedness, all newly constructed fuel pumps will be required to install an on-site backup generator capable of maintaining pump operation during power outages. A maintenance report shall be submitted annually with occupational tax certificate renewals.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 25-003, § 1, 6-16-2025)

(a)

Applicability. This section shall apply to uses that dispense gasoline or diesel for automotive uses and which may involve automobile services. A convenience store with gasoline pumps but that does not provide automotive services shall be subject to applicable provisions of this section.

(b)

Minimum site area. The minimum area to establish or operate a gasoline service station shall be one and one-half acre.

(c)

Minimum road frontage. The site shall front at least 120 feet on road with a functional classification of at least a major collector as determined by the director of public development.

(d)

Driveway restrictions. Driveways shall be not more than 40 feet wide, shall not be located closer than ten feet to an adjoining property (unless common access at a property line is authorized by the public development director, and shall not be closer than 40 feet from a street intersection. There shall not be more than two driveways along any single road, which must be separated by at least 100 feet.

(e)

Fuel pumps. See section 3-058 for location restrictions applicable to fuel pumps and fuel canopies.

(f)

Building floor area. The maximum building floor area shall be 8,000 square feet.

(g)

Accessory structures. Accessory structures, such as a car or truck wash or vehicle emissions inspection facilities on the property shall be enclosed within a building, located within a side or rear yard only, and located at least 50 feet from all property lines.

(h)

Storage of equipment and parts. All equipment and vehicle parts involved in vehicle service shall be stored within a fully enclosed building or structure.

(i)

Rentals. Rental of vehicles, trailers, moving vans etc. shall not be permitted in association with this use.

(j)

Operation. All automotive repair work shall be conducted within a fully enclosed building or structure.

(k)

Service bays. Service bays with overhead doors shall not be located on the front building façade of a building unless provisions are made for screening them from view from the front property line.

(l)

Vehicle storage. Vehicles approved for repair shall be stored in a fully screened location in a side or rear yard of the lot, or within a building. The outdoor storage of vehicles waiting for repair is prohibited.

(m)

Generator required. As a form of emergency preparedness, all newly constructed gasoline service stations will be required to install an on-site backup generator capable of maintaining fuel pump operation during power outages. A maintenance report shall be submitted annually with occupational tax certificate renewals.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 25-003, § 2, 6-16-2025)

In zoning districts where permitted, the following accessory uses are permitted in association with a golf course:

(a)

Buildings used to house equipment solely for the maintenance and operation of the golf course.

(b)

Cart rental and staging area.

(c)

Food service and restaurant, whether open to members only or to the general public.

(d)

Country club or clubhouse, which may include tennis courts and other recreational courts and swimming pool, not to exceed 40,000 square foot of building floor area, including food service and restaurant.

(e)

Putting green.

(f)

Pro shop, not to exceed 2,000 square feet of floor area, included within the total 40,000 square foot maximum building floor area.

(g)

A driving range is allowed as an accessory use to a golf course only with special use approval.

(Ord. No. 17-003, § 1, 10-2-2017)

In addition to requirements for outdoor commercial recreation facilities as provided in section 3-029 of this UDC, a golf driving range shall meet the following requirements:

(a)

Minimum area. The minimum lot area shall be ten acres or one acre per tee, whichever is greater.

(b)

Depth and width of lot. The depth of a driving range along the driving area shall be at least 350 yards measured from the location of the tees, and the width of the driving range shall be not less than 200 yards at a distance of 350 yards from the tees.

(c)

Hours of operation. The hours of operation shall be limited to 8:00 a.m. to 10:00 p.m.

(Ord. No. 17-003, § 1, 10-2-2017)

Whether it is a principal or accessory use, a private greenhouse shall be required to meet the principal building setbacks for the zoning district in which the greenhouse is located.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Occupancy limitations. No basement, attic, or accessory building shall be used for rooming house, boarding house or group home purposes. No registration required by this section shall be issued to any person proposing to use a basement, attic, or accessory building or any part thereof as habitable rooms for rooming house purposes.

(b)

Bedroom requirements and limitations. No room in any rooming house, boarding house, or group home shall be occupied as a sleeping room by any person unless there are at least 120 square feet of bedroom space, exclusive of wardrobe and closet space, for each and every person occupying any such room. All sleeping quarters shall be served by working heating and cooling facilities and a bed with a mattress for each registered occupant. Bedrooms shall not contain cooking facilities, and no food preparation or cooking for guests shall be conducted within any bedrooms.

(c)

Minimum basic facilities. At least one flush water closet, lavatory basin, and bathtub or shower, connected to a water and sewerage system and in good working condition, shall be supplied for each eight persons or fraction thereof residing within a rooming house, boarding house, or group home. All such facilities shall be located within the dwelling so as to be accessible from a common hall or passageway to all persons sharing such facilities. Every lavatory basin and bathtub or shower shall be supplied with hot and cold water at all times.

(d)

Food preparation and meals. Any rooming house, boarding house, or group home where food is served shall comply with all requirements of the Jackson County Environmental Health Department.

(Ord. No. 17-003, § 1, 10-2-2017)

All guest houses, as defined, shall comply with the following requirements.

(a)

Reference to other requirements. Guest houses must meet building code requirements and the standards for a dwelling unit as specified in section 3-048 of this UDC, except for the minimum building floor area.

(b)

Water and sewer. The water supply and sanitary sewage disposal system for the lot must be certified by the Jackson County Environmental Health Department as adequate to support the guest house in combination with the principal dwelling.

(c)

Number. No more than one guest house shall be permitted on any lot.

(d)

Location. The guest house shall be erected only in the rear yard of the lot.

(e)

Maximum floor area. The heated floor area of the guest house shall not exceed 50 percent of the heated floor area of the principal dwelling. A guest house in a residential district that exceeds 1,000 square feet of building floor area shall require approval of a special exception by the board of adjustment prior to commencing construction.

(f)

Use and occupancy. A guest house shall be used only by the occupants of the principal dwelling on the lot, their non-paying guests, or live-in domestic employees. A guest house shall not be rented.

(g)

No manufactured home. A manufactured home shall not be permissible as a guest house.

(h)

Architectural compatibility and plans. A guest house shall be architecturally compatible with the principal dwelling on the lot. The public development director must approve professionally drawn architectural plans of the guest house prior to issuance of a building permit. If the guest house exceeds 1,000 square feet of building floor area, the architectural plans shall also require approval by the board of adjustment as part of the special exception process required by this section.

(i)

Additional restriction. A guest house shall not be authorized as an accessory use to a manufactured home.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

In zoning districts where permitted, and subject to special use approval, helicopter landing pads may be at ground level, on an elevated structure, or at rooftop level.

(b)

Helicopter landing pads shall be subject to the requirements of section 3-007 for aircraft landing areas.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Generally. In zoning districts where permitted, a home occupation may be established in a dwelling in accordance with the requirements of this section. No more than two home occupations may be established in a single dwelling.

(b)

Maximum floor area. The gross floor area of a dwelling unit devoted to a home occupation shall not exceed 1,000 square feet, or 25 percent of the gross floor area of the dwelling, whichever is greater. This building floor area applies to the aggregate floor area of all areas devoted to the home occupation, whether located within the dwelling or where authorized in an accessory building.

(c)

Accessory building. An accessory building may be used for, or in connection with, a home occupation, except in R-1, R-2, and R-3 zoning districts.

(d)

Appearance. The exterior appearance of the dwelling must remain that of a dwelling. There shall be no indication that the business activity is taking place from the exterior. There shall be no activity associated with the home occupation that is visible outside the dwelling.

(e)

External alterations. No external alterations inconsistent with the residential use of the building shall be permitted.

(f)

Display, stock-in-trade, sales, and storage. There shall be no display of goods or stock in connection with a home occupation. There shall be no merchandise, stock-in-trade, or commodity sold, exchanged or stored on the premises.

(g)

Receipt and shipping of goods. Except by U.S. mail and commercial parcel service, the transporting of goods by truck in connection with a home occupation is prohibited. There shall be no goods, products or commodities received on the premises intended for resale or delivery to customers except by U.S. Mail or parcel service. There shall be no more than ten deliveries or shipping out by commercial carrier per month of items produced or received by the occupant in connection with the home occupation.

(h)

Vehicles and parking. Only vehicles used primarily as passenger vehicles shall be permitted in connection with the conduct of the home occupation; this specifically excludes a wrecker, dump truck, flat-bed truck, tow truck, or any truck with more than six wheels or more than two axles. Vehicles kept on site in association with the home occupation shall be used by residents only, except for the parking of employees as may be permitted by this section. Incoming vehicles related to the home occupation, if any, shall at all times be parked off-street within the confines of the residential driveway or other on-site permitted parking.

(i)

Equipment, off-site impacts, and nuisances. No home occupation shall generate traffic, sound, smell, vibration, light, or dust that is offensive or that creates a nuisance. No equipment that interferes with radio and/or television reception shall be allowed. Home occupations must exclude the use of machinery or equipment that emit sound (e.g., saws, drills, musical instruments, etc.) that is detectable beyond the property. Chemical, electrical, or mechanical equipment that is not normally a part of domestic or household equipment and which is used primarily for commercial purposes shall not be permitted.

(j)

Signage. There shall be no signs permitted in conjunction with a home occupation, although this shall not preclude the property owner from erecting signs permitted on the lot pursuant to article 7 of this UDC.

(k)

Employees. Only occupants of the dwelling and one additional full-time employee or two part-time employees shall be authorized to work on the premises in connection with a home occupation.

(l)

Uses specifically prohibited. The following uses are specifically prohibited as home occupations: auto sales or auto repair; restaurants; animal hospitals, veterinary clinics; funeral homes; retail or wholesale shops; machine shops; personal service occupations such as a barber shop, beauty shop, hairdresser or similar activities; special event facilities; and lodging services.

(m)

Approval. All home occupations shall be required to file an application which is subject to the public development director's approval. A site plan of the lot on which a home occupation is proposed may be required by the public development director, along with information describing the nature of the home occupation. Except for uses specifically prohibited, applications for home occupation approval that demonstrate compliance with all requirements of this section shall be approved by the director. The director may place conditions of approval on any application for home occupation approval.

(n)

License. Any occupational tax license required by the county must be obtained. No occupational tax license shall be issued by the county for a home occupation unless authorized by the public development department.

(o)

Modifications by special use permit. The provisions of this section may be modified or varied pursuant to application by the property owner for a special use, according to procedures specified in article 13 of this UDC.

(Ord. No. 17-003, § 1, 10-2-2017)

Incinerators are subject to applicable rules and regulations of the U.S. Environmental Protection Agency and the State of Georgia Department of Natural Resources, Environmental Protection Division, Air Quality Branch.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Accessory uses. Institutional residential living and care facilities may have one or more of the following accessory uses:

1.

Ancillary clinics, personal service, retail (e.g., pharmacy, hair salon, medical offices).

2.

Central kitchen and dining facility.

3.

Recreation and amenities.

4.

Building/clubhouse for classes, meetings, concerts, storytelling, etc.

5.

Adult day care.

(b)

State permit. Each institutional residential living and care facility must obtain all license(s) and/or permit(s) required by the State of Georgia in order to operate, and which shall be displayed in a prominent place in the facility.

(c)

Generator required. All new facilities shall be required to have an on-site generator capable of supporting the structure's maximum power usage ensuring essential life safety services. A maintenance report shall be submitted annually with occupational tax certificate renewals.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 25-002, § 3, 4-21-2025)

During the time a household, institution, business, or industrial establishment is moving in or out of a building on a property, one intermodal container, as defined, may be temporarily placed on the premise of a developed lot for purposes of loading or unloading personal property pertaining to the use on the property subject to the following:

(a)

The container may be positioned in a front yard or other location on the property that is accessible for pick up or drop off.

(b)

The container shall not remain longer than a period of 32 calendar days.

(c)

One additional intermodal container, for a total of two, may be authorized by the public development director for institutional, business, or industrial establishment upon demonstration of evidence of need by the establishment.

(Ord. No. 17-003, § 1, 10-2-2017)

It shall be unlawful to park or continuously store abandoned, wrecked, junked or inoperable vehicles (in whole or part), power-driven construction equipment, used lumber or metal, used appliances, or any other miscellaneous scrap material, except in compliance with the provisions of this section.

(a)

Salvage yard, junkyard, or materials recovery processing facility. Junked vehicles and recovered materials are permitted to be stored outdoors within the boundaries of a salvage yard, junk yard, or materials recovery processing facility, in zoning districts where such uses are permitted, provided that the facility meets requirements for screening of the vehicles or recovered materials as specified in section 3-108 of this UDC.

(b)

Wrecked motor vehicle compound. Wrecked and inoperable vehicles may be stored on the site of a wrecked motor vehicle compound, provided that the lot meets applicable requirements of this UDC for screening of vehicles as provided in section 3-139 of this UDC.

(c)

Tow service. Wrecked and inoperable vehicles may be stored on the site of a tow service, provided that the lot meets applicable requirements of this UDC for screening of vehicles as provided in section 3-132 of this UDC.

(d)

Enclosure exemption. This section shall not be construed to prevent the storage of junked vehicles or recovered materials within an enclosed building, in districts where permitted.

(e)

Open-air businesses. This section shall not be construed to prevent outdoor storage or display lumber or other non-recovered materials for retail sale on lots authorized as open air businesses, subject to compliance with section 3-090, "Outdoor Display" and section 3-091, "Outdoor Storage" of this UDC, as applicable.

(f)

Reference to additional regulations. In addition to the requirements of this section, junkyards are subject to compliance with O.C.G.A., tit. 32, art. 8 including location restrictions provided in O.C.G.A. § 32-6-241 (Reference: O.C.G.A. § 32-6-240 et seq.). (Additional Reference: Rules of the Georgia Department of Transportation, 672-8 Rules and Regulations Governing the Control of Junkyards).

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Any kennel or pet boarding facility shall be located no closer than 100 feet to any property line.

(b)

No kennel shall hereafter be established until or unless any license required by the Georgia Commissioner of Agriculture is issued and a copy of the license is provided to the Public Development Director prior to commencement of operations. Such use shall also comply with any rules adopted by the Georgia Commissioner of Agriculture pursuant to the Georgia Animal Protection Act, O.C.G.A. § 4-11-14. (Additional Reference: Rules of Georgia Department of Agriculture, Animal Protection Division, Chapter 40-13-13, Animal Protection).

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Applicability. This section shall regulate landfills other than sanitary landfills, commonly referred to as "inert waste" and "construction and demolition" landfills, that accept waste materials that will not or are not likely to cause production of leachate of environmental concern and therefore have a low potential for groundwater contamination, including but not limited to earth and earth-like products, concrete, cured asphalt, rock, bricks, wood, metal, wall board, paper, cardboard, yard trimmings, stumps, limbs, and leaves, and specifically excluding industrial, hazardous, and municipal solid wastes.

(b)

Minimum site area. The minimum site area shall be 25 acres.

(c)

Access. Access must be provided from a paved road or highway with a functional classification of minor arterial or higher as determined by the public development director. Access shall not be allowed through any residential subdivision or residential development.

(d)

Traffic impact study. As a part of the special use application or if a special use is not required then prior to issuance of a development permit, a traffic study shall be submitted to the department of public development. The applicant shall address recommendations of the traffic study to mitigate traffic impacts of the proposed facility. Specifically, the study shall identify any state or county maintained road within or adjacent to the property, and shall state any repaving, alterations, turning lanes, signalization, or other road additions or improvements necessary to accommodate the potential increase of traffic volume or weight occasioned by the proposed operations.

(e)

Road surfacing and dust control. Permanent roads within the landfill site shall be surfaced with a dust-free material. Roads other than permanent roads shall be treated with dust inhibitors which will reduce the generation of dust from the road surfaces as a result of wind or vehicular action.

(f)

Fencing. Landfills shall be enclosed by a six-foot high fence along the entire perimeter boundary, for screening and security purposes, as approved during the special use application process or as approved by the director of public development if not subject to the special use application process. Gates must be provided at all points of vehicular ingress and egress and shall be closed and locked when not in regular use. Along such perimeter fence, notice signs shall be posted at regular intervals which shall warn against trespassing.

(g)

Operational setback. Landfilling activities shall not occur within 500 feet of a public street or highway nor within 1,000 feet of a residential zoning district.

(h)

On-site operator. All landfills regulated by this section shall have an operator in attendance at all times when the landfill is in use.

(i)

Covered loads. Vehicles shall be allowed into a landfill site only if waste is covered, to prevent blowing of material from the vehicle.

(j)

Hours of operation. Unless otherwise approved by the board of commissioners via conditions of special use approval, the landfill operations (excluding routine maintenance of equipment) shall be limited to the following: No operation shall be allowed between the hours of 7:00 p.m. and 7:00 a.m. during the months of November, December, January, February, and March. No operation shall be allowed between the hours of 9:00 p.m. and 6:30 a.m. during the months of April, May, June, July, August, September and October. No operation shall be permitted on Sundays, New Year's, Independence Day, Thanksgiving or Christmas Day.

(k)

State permit. The owner shall provide the public development department with a current copy of a Georgia solid waste handling permit, or pending application thereof, prior to applying for a development permit.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

General siting restriction. No sanitary landfill shall be sited in a manner inconsistent with the location provisions of the local or regional comprehensive solid waste management plan adopted by the Jackson County Board of Commissioners.

(b)

Minimum site area. The minimum site area shall be 40 acres.

(c)

Access. Access must be provided from a paved road or highway with a functional classification of minor arterial or higher as determined by the public development director. Access shall not be allowed through any residential subdivision or residential development.

(d)

Traffic impact study. As a part of the special use application, a traffic study shall be submitted to the department of public development. The applicant shall address recommendations of the traffic study to mitigate traffic impacts of the proposed facility. Specifically, the study shall identify any state or county maintained road within or adjacent to the property, and shall state any repaving, alterations, turning lanes, signalization, or other road additions or improvements necessary to accommodate the potential increase of traffic volume or weight occasioned by the proposed operations.

(e)

Road surfacing and dust control. Permanent roads within the site shall be surfaced with a dust-free material. Roads other than permanent roads shall be treated with dust inhibitors which will reduce the generation of dust from the road surfaces as a result of wind or vehicular action.

(f)

Well impact study. An analysis of existing wells within one mile of the proposed operations and the potential impacts of sanitary landfilling on said wells, along with recommendation to mitigate impacts on said wells. No sanitary landfilling shall be allowed to adversely affect any wells within one mile of the proposed operations.

(g)

Fencing. Facilities shall be enclosed by a six-foot high fence along the entire perimeter boundary, for screening and security purposes, as approved during the special use application process. Gates must be provided at all points of vehicular ingress and egress and shall be closed and locked when not in regular use. Along such perimeter fence, notice signs shall be posed at regular intervals which shall warn against trespassing.

(h)

Operational setback. Sanitary landfilling activities shall not occur within 1,000 feet of a public street or highway nor within 2,600 feet of a residential zoning district.

(i)

On-site operator. All facilities shall have an operator in attendance at all times when the landfill is in use.

(j)

Covered loads. Vehicles shall be allowed into a facility site only if waste is covered, to prevent blowing of material from the vehicle.

(k)

Hours of operation. Hours of operation may be limited by the board of commissioners via conditions of special use approval. Unless otherwise approved, facilities operations (excluding routine maintenance of equipment) shall be limited to the following: No operation shall be allowed between the hours of 7:00 p.m. and 7:00 a.m. during the months of November, December, January, February, and March. No operation shall be allowed between the hours of 9:00 p.m. and 6:30 a.m. during the months of April, May, June, July, August, September and October. No operation shall be permitted on Sundays, New Years, Independence Day, Thanksgiving or Christmas Day.

(l)

State permit. The owner shall provide the public development department with a current copy of a Georgia solid waste handling permit, or pending application thereof, prior to applying for a development permit.

(Ord. No. 17-003, § 1, 10-2-2017)

Live-work units, as defined and in zoning districts where permitted, are subject to the following requirements:

(a)

Commercial uses authorized. Any commercial use permitted in the zoning district in which the live-work unit is located is allowable in the live-work unit.

(b)

Minimum building height. A live-work unit shall contain at least two stories in building height.

(c)

Intensity of building floor area per acre (FAR). Live-work units, including residential and non-residential space, are limited to the maximum nonresidential intensity (floor to area ratio or FAR) for the zoning district in which it is located as provided in table 2-2 of this UDC.

(d)

Residency. A business operated from a live-work unit must be owned and operated by a person living in the live-work unit.

(e)

Minimum nonresidential floor area. At least 50 percent of each live-work unit shall be devoted to work purposes (nonresidential use) distinct from living places.

(f)

Ground-level commercial. At least 50 percent of the live-work unit's ground floor area shall be occupied by work purposes (nonresidential use).

(g)

Parking. Parking for live/work units is prohibited in front of the building.

(h)

Modification of dimensional requirements. The dimensional requirements for the zoning district in which the building is located, as specified in table 2-2 of this UDC, may be modified for a building containing at least three live-work units as follows:

1.

Front setbacks for principal buildings for the zoning district as specified in table 2-2 may be reduced to 50 percent of the minimum required front setback for a live-work unit.

2.

Minimum landscaped open space for the zoning district as specified in table 2-2 may be reduced to 50 percent of the required minimum for a lot containing a live-work.

(Ord. No. 17-003, § 1, 10-2-2017)

Extended-stay lodging facilities shall meet the following requirements:

(a)

Density. No more than 25 guest rooms per acre shall be permitted.

(b)

Minimum floor area per guest room. Each guest room must have a minimum area of 240 square feet.

(c)

Maximum height. Buildings shall not be more than four stories in height.

(d)

Laundry space. The facility must contain an enclosed, heated and air conditioned laundry space containing a minimum of one clothes washer and one clothes dryer for each ten guest rooms.

(e)

Recreation space. The facility must provide a minimum of 1,000 square feet of building floor area for recreational use by guests.

(f)

Management. Management must be on the property 24 hours a day, seven days a week.

(g)

Service. Daily maid service must be included in the standard room rate.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Manufactured homes shall comply with section 3-048, "Dwelling, single-family detached or manufactured home" of this UDC.

(b)

Manufactured homes shall comply, as applicable, with Rules of the Comptroller General, Safety Fire Commissioner, Chapter 120-3-7, Rules and Regulations for Manufactured Homes.

(c)

Manufactured homes are specifically designed and intended to function as a residential dwelling. Therefore, any modification into an accessory structure, such as for storage purposes, is strictly prohibited. If modifications have occurred in a manner the home is no longer habitable by, for instance, removing essential features like the kitchen, bedrooms, bathrooms, electrical, plumbing, HVAC, or interior/exterior walls, the manufactured home shall not receive necessary permits to restore for residential use.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 24-003, § 3, 8-19-2024)

In zoning districts where permitted, manufactured home parks shall comply with the following requirements:

(a)

Water and sanitary sewer. Manufactured home parks shall be connected to a public water supply and a public sanitary sewer system.

(b)

Minimum development area. The minimum lot area for the development shall be eight acres.

(c)

Minimum development frontage. The minimum road frontage for the lot shall be 60 feet.

(d)

Dimensional requirements. Manufactured home spaces shall conform to minimum area and lot width requirements established in table 2-2 for the zoning district in which the manufactured home park is located.

(e)

Access roads. All access roads within the development shall be private with a minimum easement width of 40 feet and paved with a minimum pavement width of 20 feet, and lighted with a minimum spacing of 200 feet each between street lights.

(f)

Parking and driveways. All off-street parking areas or spaces and driveways shall be paved and shall have direct access to an interior access road. Driveways serving individual manufactured home spaces shall be no less than ten feet in width. No driveway serving an individual manufactured home shall be permitted to access a road exterior to the development, except via an approved internal access road.

(g)

Minimum open space. At least 20 percent of the development must be set aside as open space or for recreation purposes. Seventy-five percent of minimum open space must be contiguous and/or continuous.

(h)

Occupancy. No manufactured home space or manufactured home shall be rented for a period of less than 30 days.

(i)

Accessory building. A manufactured home shall not be used as an accessory building in the manufactured home park.

(j)

Rules and regulations. A copy of the park management rules and regulations must be submitted to the public development department for approval. The park operator will be responsible for ensuring that tenants comply with the rules and regulations.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 19-002, 10-21-2019)

Manufacturing or fabrication activities associated with a permitted retail use, such as but not limited to a jewelry store or pottery, shall be permitted, provided that the area devoted to such manufacturing or fabrication shall not exceed 25 percent of the building floor area of the principal building in which such manufacturing or fabrication is conducted or 1,000 square feet, whichever is less. All products manufactured or fabricated on the premises must be sold on the premises as a retail activity.

(Ord. No. 17-003, § 1, 10-2-2017)

Editor's note— Ord. No. 21-006, § 5, adopted July 19, 2021, repealed § 3-084, which pertained to master planned developments and derived from Ord. No. 17-003, adopted October 2, 2017; and Ord. No. 19-002, adopted October 21, 2019.

(a)

Purpose. A master planned development, industrial-commercial mix, allows commercial uses not otherwise permitted outright in LI and GI zoning districts to be established in a planned environment to complement or serve industrial development. It is intended to provide for flexible site planning arrangements that provide open space, pedestrian access between and among the land uses, and shared parking. A master planned development for a mix of industrial and commercial uses is permitted in LI and GI industrial zoning districts (see table 2-1, "other uses"), subject to special use approval.

(b)

Minimum area required. A master planned development for a mix of industrial and commercial uses must contain at least 25 contiguous acres under one ownership at the time of application.

(c)

Access. The primary access (main entrance) to the master planned development for a mix of industrial and commercial uses must be from a street classified as a minor or major arterial, as determined by the public development director.

(d)

Use and dimensional requirements. Uses, and dimensional requirements such as building setbacks, intensity, and height shall be as established for the underlying zoning district, unless the applicant proposes in the special use application different standards which are approved by the Jackson County Board of Commissioners as part of the special use application; provided, however, that a minimum of 15 percent open space shall be provided within a master planned development that mixes industrial and commercial uses. Seventy-five percent of minimum open space must be contiguous and/or continuous.

(e)

Internal pedestrian access. All master planned developments for a mix of industrial and commercial uses must provide internal pedestrian access connected to external access points. The type of access such as sidewalks, bike paths, bike lanes, and/or trails, will be established during the review process.

(f)

Open space management. The master planned development for industrial and commercial uses shall ensure the proper management of open spaces. Community open space will normally be the responsibility of a property owner association unless otherwise proposed by an applicant and approved by the board of commissioners.

(g)

Review criteria. In addition to standards applicable to special uses generally, the county may use the following standards to determine whether to grant approval of a special use for a master planned development with a mix of industrial and commercial uses:

1.

The uses proposed will not be detrimental to present and potential surrounding uses.

2.

Exceptions from this UDC are warranted by the design and amenities are incorporated into the development plan.

3.

Land surrounding the proposed development can be planned and used in coordination with the proposed development and will be compatible in use.

4.

The proposal is in conformance with the general intent of this UDC and the comprehensive plan.

5.

The proposal incorporates features of exceptional architectural, landscaping, and/or site design, including but not limited to the accommodation of important natural resources and open space, innovative techniques, or building and landscaping standards that meet or exceed the quality development standards.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 19-002, 10-21-2019)

(a)

Minimum site area. The minimum site area shall be 25 acres.

(b)

Fencing. Such facilities shall be enclosed by a six-foot high fence along the entire perimeter boundary, for screening and security purposes, as approved during the special use application process. Gates must be provided at all points of vehicular ingress and egress and shall be closed and locked when not in regular use. Along such perimeter fence, notice signs shall be posed at regular intervals which shall warn against trespassing and shall contain a statement pertaining to the use of explosives, if applicable.

(c)

Operational setbacks. Mining, quarrying and excavation operations shall not take place any closer than 2,000 feet to any R-1, R-2 and R-3 zoning district boundary nor within 500 feet of any other zoning district boundary.

(d)

Operations plan. An operation plan containing the following information shall be submitted as part of the application for special use approval:

1.

Date of commencement of the operation and its expected duration.

2.

Proposed hours and days of operation, which shall not be inconsistent with this section unless approved otherwise by the Jackson County Board of Commissioners as a part of special use application approval.

3.

A description of the method of operation, including the disposition of topsoil, overburden and by-products

4.

A description of the equipment to be used in the extraction process.

5.

A statement regarding the intended use of explosives, if any, or other hazardous materials, if any, and the methods and procedures proposed for handling, use, storage and disposal of the materials.

6.

A plan for reclamation of the land upon completion of mining, quarrying, or other excavation.

(e)

Traffic impact study. As a part of the special use application, a traffic study shall be submitted to the department of public development. The applicant shall address recommendations of the traffic study to mitigate traffic impacts of the proposed facility. Specifically, the study shall identify any state or county maintained road within or adjacent to the property, and shall state any repaving, alterations, turning lanes, signalization, or other road additions or improvements necessary to accommodate the potential increase of traffic volume or weight occasioned by the proposed operations.

(f)

Air quality study. As a part of the special use application, an air quality study shall be submitted to the department of public development. The applicant shall address recommendations of the air quality study to mitigate fugitive dust and any other air quality impacts of the proposed facility.

(g)

Noise study. As a part of the special use application, a noise impact study shall be submitted to the department of public development. The applicant shall address recommendations of the noise study to mitigate noise and lighting impacts of the proposed facility.

(h)

Blasting and vibrations. Blasting operations if permitted are subject to the requirements of section 3-019 of this UDC. Vibration levels at the boundaries of the extraction site shall not exceed a minimum peak velocity of 1.0 inches per second, steady state and 2.0 inches per second impact state.

(i)

Well impact study. An analysis of existing wells within one mile of the proposed operations and the potential impacts of such mining, quarrying, or excavation on said wells, along with recommendation to mitigate impacts on said wells. No excavation shall be allowed to lower the water table of the surrounding inhabited properties to the extent there are wells with potable water within 1,000 feet of the excavation area.

(j)

Reference to state rules and regulations. A state surface mining permit, and all plans and specifications submitted for such state permit, as required by state law and administrative rules, shall be submitted to the director of public development prior to commencement of operations.

(k)

Days and hours of operation. Hours of operation may be limited by the board of commissioners via conditions of special use approval. Unless otherwise approved, the mining and quarrying operations (excluding routine maintenance of equipment) shall be limited to the following: No operation shall be allowed between the hours of 7:00 p.m. and 7:00 a.m. during the months of November, December, January, February, and March. No operation shall be allowed between the hours of 9:00 p.m. and 6:30 a.m. during the months of April, May, June, July, August, September and October. No operation shall be permitted on Sundays, New Years, Independence Day, Thanksgiving or Christmas Day.

(Ord. No. 17-003, § 1, 10-2-2017)

In zoning districts where permitted, mixed-use buildings are subject to the following requirements:

(a)

Commercial uses authorized. Any commercial use permitted in the zoning district in which the lot is located is allowable in a mixed-use building.

(b)

Minimum building height. A mixed-use building shall contain at least two stories in building height.

(c)

Intensity of building floor area per acre (FAR). Mixed-use buildings, including residential and non-residential space, are limited to the maximum nonresidential intensity (floor to area ratio or FAR) for the zoning district in which it is located as provided in table 2-2 of this UDC.

(d)

Minimum nonresidential floor area. At least 50 percent of the floor area mixed-use building shall be devoted to nonresidential uses.

(e)

Ground-level commercial. At least 50 percent of the ground floor area shall be occupied by nonresidential uses.

(f)

Access to residential units. Residential uses above the first-floor retail or other nonresidential uses shall have an entryway to each unit, or a hallway serving one or more units, which connects to a stairway opening directly to the outside at street level.

(g)

Parking. Parking for mixed-use buildings is prohibited in front of the building (except for on-street parking if authorized).

(h)

Modification of dimensional requirements. The dimensional requirements for the zoning district in which the building is located, as specified in table 2-2, may be modified for a mixed-use building as follows:

1.

Front setbacks for principal buildings for the zoning district as specified in table 2-2 may be reduced to 50 percent of the minimum required front setback for a mixed-use building.

2.

Minimum landscaped open space for the zoning district as specified in table 2-2 may be reduced to 50 percent of the required minimum for a lot containing a mixed-use building.

(Ord. No. 17-003, § 1, 10-2-2017)

A model home is typically constructed before approval of a final plat, and hence the model home is the principal use of the entire unsubdivided parcel until the final plat is approved. A building permit may be issued for a model home on a lot shown on approved development plans for a subdivision prior to final plat approval, subject to the following requirements:

(a)

Zoning district compliance. Although the location is not yet a lot of record, the model home shall be placed on a lot that meets zoning district requirements for lot area, lot width, and principal building setbacks or will meet such requirements at the time of final plat approval.

(b)

Water and sewer. The model home shall be connected to sanitary sewer or an approved on-site sewage management system (e.g., septic tank) approved by the Jackson County Environmental Health Department.

(c)

Standards. The model home shall meet the requirements of section 3-048 of this UDC.

(Ord. No. 17-003, § 1, 10-2-2017)

Editor's note— Ord. No. Ord. No. 22-005, § 5, adopted May 16, 2022, repealed § 3-089, which pertained to open space subdivisions and derived from Ord. No. 17-003, adopted October 2, 2017; Ord. No. 18-001, adopted February 19, 2018; Ord. No. 19-002, adopted October 21, 2019; and Ord. No. 21-006, adopted July 19, 2021.

Outdoor display is prohibited in all zoning districts except HRC. In the HRC zoning district, a retail use may display merchandise outdoors only as follows:

(a)

Setback. Outdoor display must be located at least 20 feet from any property line.

(b)

Distance to building front. Merchandise or goods on display outdoors that can be moved by a person without equipment must be located within 20 feet of the front wall of the principal building.

(c)

Area limit. The total square footage of outdoor area devoted to outdoor display space shall not exceed two square feet for every linear foot of principal building frontage. If there is more than one principal building, only the building closest to the street right-of-way shall be included for purposes of computing allowable outdoor display space.

(d)

Additional restriction. Ice machines, propane tanks, newspaper boxes, video or other rental return boxes, and similar features shall not be permitted to be displayed or located outside a building in any zoning district; provided, however, that upon application a special exception may be granted by the board of adjustment only within an HRC zoning district outside the East and West Jackson overlay districts for the outdoor display of one or more such features.

(Ord. No. 17-003, § 1, 10-2-2017)

Outdoor storage is permitted only in HRC, LI, GI, and HI zoning districts, and even then outdoor storage is only allowed in conjunction with specific uses as described in this article. Unless specifically authorized for the use, and unless conducted in accordance with applicable provisions of this UDC, outside storage is prohibited.

(Ord. No. 17-003, § 1, 10-2-2017)

Off-site parking lots, including those primarily designed for passenger vehicles and those for trucks, are subject to the following requirements:

(a)

Setback. Except for the entrance driveway, all paved surfaces and parking spaces within an off-site parking lot shall meet the setbacks for principal buildings for the zoning district in which the off-site parking lot is located.

(b)

Maximum impervious surface area. The maximum impervious surface area shall be 75 percent of the lot.

(c)

Attendant's shelter. An attendant's shelter, if utilized, shall be subject to the requirements of section 3-011 of this UDC.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Parking and loading areas shall not be used for the repair or dismantling of any vehicle, equipment, materials, or supplies.

(b)

Buildings or structures shall not be erected or established within a parking lot except as may be authorized by the public development director as a temporary use or other use authorized by this UDC.

(c)

Parking and loading areas shall not be used to store or display vehicles or implements for sale, except as specifically permitted by section 3-136, "Vehicle or implement for sale" of this UDC.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Parking of one or more motor vehicles for the benefit of the lot or unit owner is considered an authorized accessory use to each dwelling. Off-street parking of motor vehicles for the benefit of institutions, businesses, and industries is considered an authorized accessory use to such nonresidential use.

(b)

It shall be unlawful to construct parking spaces that exceed the maximum number of parking spaces for the permitted use to which the lot is devoted, as specified in article 6 of this UDC.

(c)

Parking spaces shall not be rented or leased to other parties or the public, except on land in a zoning district which permits off-site parking lots.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Height. A parking structure shall not exceed the height of the tallest building on the lot on which the parking structure is proposed.

(b)

Architecture. An elevation drawing of the parking structure shall be submitted to the public development director for review and approval prior to issuance of a building permit. The director shall have discretion to require modifications of materials used on the parking structure façade facing the public street.

(c)

Technical codes. The building inspector may require special provisions for the parking structure, including lighting and ventilation, to meet applicable technical codes.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

A produce stand not greater than 1,000 square feet for the purpose of seasonal sales of products grown or produced on the premises on which it is located is allowed as an accessory use to a farm, provided that there are adequate pull off lanes and on-site, off-street parking available.

(b)

A produce stand larger than 1,000 square feet, or the resale of imported agricultural produce or products, on an active farm or agricultural use may be allowed with special use approval.

(Ord. No. 17-003, § 1, 10-2-2017)

In addition to the requirements for outdoor commercial recreation facilities as specified in section 3-029 of this UDC, a race track for animals or motor-driven vehicles shall meet the following requirements:

(a)

Setback from residential zoning district. Race tracks for vehicles shall be located a minimum of 1,000 feet from a residential zoning district.

(b)

Access. Vehicular access shall be derived only from a road with a functional classification of at least a minor arterial as determined by the public development director.

(c)

Security fencing. Security fencing shall be provided around the entire perimeter of the facility.

(Ord. No. 17-003, § 1, 10-2-2017)

Community recreation, such as a site with a swimming pool and cabana, tennis courts, clubhouse, etc. serving a residential subdivision or multi-family development, shall be authorized by the public development department, subject to the following requirements:

(a)

Timing of construction. If proposed as part of a residential subdivision or multi-family development, a community recreation facility must be built during the first phase if the development has phases, and no more than 50 percent of first phase of the dwelling units authorized within the development or subdivision phase will be granted building permits until the community recreation facility is completed.

(b)

Operation. The facility shall be open only to residents of the residential development which it serves, and their guests, and shall not be open to the general public for a fee.

(c)

Outside activity duration. Outdoor activity shall cease by 10:00 p.m.

(d)

Setback and buffer. Buildings and structures associated with said use shall be located a minimum of 35 feet from any property line, including a minimum 25-foot wide natural buffer along any side or rear property line. If outdoor patio or decks are provided, they shall be located no closer than 25 feet from a property line.

(e)

Parking. Parking shall be provided per the requirements of this UDC.

(f)

Outdoor lighting. If outdoor lighting is provided, exterior lighting proposed for a building, swimming pool, tennis courts, or other structure or use shall comply with the requirements of this UDC for outdoor lighting.

(g)

Swimming pools. See section 3-114 of this UDC.

(h)

Plan and permits. A site plan must be approved by the department of public development to ensure compliance with all applicable laws and provisions of this UDC, and a development permit and building permit may be required, as appropriate.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Storage. Recreational equipment such as boats, boat trailers, travel trailers, recreational vehicles, pick-up campers or coaches, motorized dwellings, motor coaches, tent trailers and other similar vehicles may be parked or stored only in side yards, rear yards, carports, or in an enclosed building, provided however, that such equipment may be parked or stored anywhere on residential premises for a period not to exceed 24 hours during loading and unloading. No recreational vehicle or recreational equipment shall be stored or maintained on a vacant lot.

(b)

Occupancy. A recreational vehicle shall not be occupied as a permanent residence. Use of a recreational vehicle is only authorized within a designated recreational vehicle park.

(Ord. No. 17-003, § 1, 10-2-2017)

In zoning districts where permitted, recreational vehicle parks shall comply with the following requirements:

(a)

Water and sanitary sewer. Manufactured home parks shall be connected to a public water supply and a public sanitary sewer system or an on-site sewage management system approved by the Jackson County Environmental Health Department.

(b)

Minimum development area. The minimum lot area for the development shall be three acres.

(c)

Minimum development frontage. The minimum road frontage for the lot shall be 100 feet.

(d)

Space setback. No recreational vehicle space shall be located within 50 feet of a county road or state or federal highway right-of-way.

(e)

Access. Direct access to a county, state or federal highway shall be required. No entrance shall be through a residential district, nor shall movement of traffic from the park through a residential district be permitted.

(f)

Internal access roads. All access roads within the development shall be private with a minimum easement width of 40 feet and paved with a minimum pavement width of 20 feet, and lighted with a minimum spacing of 200 feet each between street lights.

(g)

Parking and driveways. All off-street parking areas or spaces and driveways have direct access to an interior access road. No driveway serving an individual recreational vehicle space shall be permitted to access a road exterior to the development, except via an approved internal access road.

(h)

Minimum open space. At least 20 percent of the park must be set aside as open space or for recreation purposes.

(i)

Occupancy. No recreational vehicle or space shall be rented or occupied for a period of more than 30 days.

(j)

Accessory uses. Management offices, active indoor or passive outdoor recreational facilities, toilets, showers, laundry facilities and other uses and structures customarily incidental to the operation of a recreational vehicle park are permitted as accessory uses, provided use is restricted to the occupants of the park.

(k)

Rules and regulations. A copy of the park management rules and regulations must be submitted to the public development department for approval. The park operator will be responsible for ensuring that visitors comply with the rules and regulations.

(Ord. No. 17-003, § 1, 10-2-2017)

A site-built single-family dwelling or manufactured home may be relocated onto a lot in unincorporated Jackson County, subject to compliance with the following requirements:

(a)

Permit. A building permit shall be required to establish the dwelling in its proposed location. The permit application shall include the address and tax parcel number where the structure is now located and a photograph of the dwelling in its current location.

(b)

Water and sewer or septic tank. The lot on which the dwelling is to be located must have adequate water and sanitary sewer or on-site sewage management system (e.g., septic tank) approved by the Jackson County Environmental Health Department prior to occupancy.

(c)

Standards. The dwelling shall meet all requirements of section 3-048 of this UDC, no later than six months of issuance of a permit to relocate the dwelling in unincorporated Jackson County and prior to occupancy. Manufactured homes must be a minimum of 1,400 heated square feet at the time of move-in and are not eligible to be added onto.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 21-008, § 2, 12-20-2021)

Retail sales and services such as but not necessarily limited to a barber shop, personal service establishment; drugstore, book store, florist, convenience food stores, gift shops, snack bar or cafeteria, and/or news stand, may be authorized by the public development director as accessory to the operation of a hotel, or an office or institutional development containing 50,000 square feet or more building floor area, subject to the following requirements:

(a)

Such activities shall be conducted wholly within the principal building, and every public entrance to such activities shall be from a lobby, hallway, or other interior portion of the principal building.

(b)

The building floor space used or to be used for such accessory uses shall be limited to a total of ten percent of the gross building floor area of the hotel, or office or institutional principal building in which it is located.

(c)

No show window or display that is visible from the exterior of the principal building shall be permitted.

(Ord. No. 17-003, § 1, 10-2-2017)

Any stable, whether public or private, containing more than four stalls, and any corral, pen, open air arena, dressage ring, or other similar or improved or constructed riding area or facility (except for pasture) shall be located no closer than 150 feet of any existing residence, excluding any residence on the same site as said use structure or building, and at least 100 feet from all property lines.

(Ord. No. 17-003, § 1, 10-2-2017)

Any stable, whether public or private, containing more than four stalls, and any corral, pen, open air arena, dressage ring, or other similar or improved or constructed riding area or facility (except for pasture) shall be located no closer than 150 feet of any existing residence, excluding any residence on the same site as said use structure or building, and at least 100 feet from all property lines.

(Ord. No. 17-003, § 1, 10-2-2017)

Wrecked or inoperable vehicles or any other recovered materials within the bounds of a salvage yard or materials recovery facility shall be authorized to be stored outdoors only in a rear yard that is fully screened from view of all public roads and nearby properties via buildings and/or a solid, opaque wooden fence or masonry wall at least six feet in height.

(Ord. No. 17-003, § 1, 10-2-2017)

A sawmill, whether permanent or temporary, must be at least 400 feet from all property lines.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Minimum and maximum development size. The minimum lot size for a self-service storage facility (mini-warehouse development) shall be two acres.

(b)

Building orientation. Buildings shall be situated so that overhead access doors of individual bays do not face any street frontage.

(c)

Maximum building length. No individual building shall exceed 200 feet in length.

(d)

Minimum building separation. There shall be a minimum separation of 20 feet between buildings.

(e)

Minimum width of aisle ways. The minimum width of an aisle way shall be 20 feet if one-way traffic and 24 feet for two-way traffic. Traffic flow patterns in the aisle ways shall be clearly marked with directional signage and painted lane markings with arrows as may be approved.

(f)

Turning radii. To assure appropriate access and circulation by emergency vehicles and equipment, a minimum turning radius for all aisle ways and access roads within the development may be required.

(g)

Fencing. The facility shall be fenced along the entire perimeter boundary. Fencing adjacent to a street frontage and abutting a residential zoning district shall be an architecturally finished wall or solid, opaque wooden fence with a minimum height of six feet, placed interior to any required landscape strip.

(h)

Size of storage units. Individual storage units shall not exceed 450 square feet in area.

(i)

Use of storage units. Individual storage units shall not be used for living, wholesale or retail sales, or hobbies. Storage bays shall not be used to manufacture, fabricate, or process goods; service or repair vehicles, boats, small engines or electrical equipment, or to conduct similar repair activities; conduct garage sales or retail sales of any kind; rehearsing or practicing utilizing band instruments; conversion to an apartment or dwelling unit; or to conduct any other commercial or industrial activities. Individual storage bays within a self-service storage facility shall not be considered a premise for the purpose of assigning a legal address in order to obtain mail delivery, an occupational license, or any other governmental permit or licenses to do business.

(j)

Materials stored. Individual units or the premises more generally shall not be used for the storage of hazardous materials, toxic substances, flammable liquids, or highly combustible or explosive materials.

(k)

Open storage. Open storage of recreational vehicles, boats, trailers, recreational equipment and similar vehicles of the type customarily maintained by private individuals for their personal use shall be permitted within a self-service storage facility subject to the following requirements:

1.

The total area devoted to open storage shall not exceed 25 percent of the total developed area of the facility.

2.

The open storage area shall observe the required minimum front, side, and rear yard setbacks for the zoning district in which it is located.

3.

The open storage area shall be entirely screened from view from adjacent residential properties and public streets by a building or by the installation of a minimum six-foot high opaque wall or fence, or by existing vegetation if topography enables the required screening.

4.

If structures are utilized for open storage, the roof of any such structure shall not be less than a 2:12 roof pitch.

5.

No vehicle maintenance, washing, or repair shall be permitted within the open storage area.

(l)

Office. A leasing, management, and/or security office shall be permitted in conjunction with a self-service storage facility. Within such office, the sale or rental of items related to moving and storage such as moving boxes, packing supplies and hand trucks shall be permitted.

(m)

Dwelling. A caretaker or nightwatchman residence shall only be permitted if it complies with section 3-022, caretaker or nightwatchman residence, of this UDC.

(n)

Accessory rental of vehicles. A self-service storage facility may rent or lease moving trucks and trailers, provided that all such trucks or trailers are stored in the open storage area authorized by this section; no display of vehicles or trailers for rent shall be authorized along a street frontage.

(o)

Parking. Designated customer parking is not required; however, a minimum of four parking spaces shall be provided adjacent to the facility's leasing office, if a leasing office is located on site.

(p)

Hours of operation. Self-service storage facilities shall not be accessible to the general public (excluding on-site managers or security agents) between the hours of midnight and 5:00 a.m.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

The parking or storage of a semi-trailer, as defined, is prohibited in residential zoning districts. Such parking shall not be authorized in any other zoning district except where such use is permitted as a principal or accessory use as determined by the public development director.

(b)

A semi-trailer shall not be used as a storage building in any zoning district.

In addition to the requirements for outdoor commercial recreation facilities as specified in section 3-029 of this UDC, an outdoor shooting range shall meet the following requirements:

(a)

Minimum area. The minimum site size for a skeet or trap shooting range shall be 15 acres. The minimum site size for a rifle range shall be 20 acres.

(b)

Back stop. Ranges shall have an earth embankment not less than 25 feet in height and not less than ten feet in width at the end of the range to serve as a back stop.

(c)

Setback. A minimum 1,000-foot setback from any residential zoning district boundary or public school or park shall be required.

(d)

Operation. Hours of operation shall be limited to daylight hours.

(Ord. No. 17-003, § 1, 10-2-2017)

The following buildings and structures must obtain the noted distance from an existing licensed establishment selling alcoholic beverages:

(a)

Churches must have a minimum distance of 100 yards, measured by a registered land surveyor in a straight line from the front door of the structure from which the alcoholic beverages are sold or ordered for sale to the front door of the building of a church.

(b)

Private schools or buildings used for educational purposes must have a minimum distance of 200 yards, measured by a registered land surveyor in a straight line from the front door of the structure from which the alcoholic beverages are sold or ordered for sale to the front door of the building used for private schools or educational purposes.

(Ord. No. 19-005, 11-18-2019)

A building-mounted solar energy system shall be subject to the following regulations:

(a)

Placement.

1.

No solar energy system shall be mounted or affixed to any freestanding wall or fence.

2.

Panels and building mounts shall be installed per manufacturer's specifications.

3.

In residential zoning districts, a solar energy system for aesthetic reasons shall not be located on the front slope of a pitched roof of a principal residential structure unless no other location for the solar energy equipment is feasible. The county may require sun and shadow diagrams specific to the installation to ensure compliance with this provision.

(b)

Height. Building-mounted solar panels or systems shall not exceed four feet above the height of any principal building on the site.

(c)

Permits and code compliance. A building permit shall be required for installation of all building-mounted solar energy systems, except for flush-mounted panels.

(Ord. No. 17-003, § 1, 10-2-2017)

In zoning districts where permitted, a ground mounted solar energy system shall be subject to the following regulations:

(a)

Placement.

1.

A ground-mounted solar energy system shall not be located within the required front yard of a lot.

2.

A ground-mounted system shall not be located over a septic system, leach field area or identified reserve area unless approved by the Jackson County Environmental Health Department.

3.

If located in a floodplain or an area of known localized flooding, all panels, electrical wiring, automatic transfer switches, inverters, etc. shall be located above the base flood elevation.

4.

Panels and ground mounts shall be installed per manufacturer's specifications.

(b)

Maximum area coverage. For residential properties, a ground-mounted solar energy system shall not exceed 25 percent of the footprint of the principal building served. For non-residential properties, a solar energy system shall not exceed 50 percent of the footprint of the principal building served.

(c)

Height. The maximum height of a ground-mounted solar energy system shall not exceed the maximum building height for accessory buildings in the zoning district in which it is located, or 20 feet, whichever is less.

(d)

Permitting. A building permit is required for any ground-mounted solar energy system and for the installation of any thermal solar energy system.

(Ord. No. 17-003, § 1, 10-2-2017)

In districts where permitted, a solar energy facility or solar farm shall be subject to the following regulations:

(a)

Mounting.

1.

Solar panels or solar arrays shall be mounted onto a pole, rack or suitable foundation, in accordance with manufacturer specifications, in order to ensure the safe operation and stability of the system. The mounting structure (fixed or tracking capable) shall be comprised of materials approved by the manufacturer, which are able to fully support the system components, in accordance with applicable building permit requirements. Electrical components of the facility shall meet applicable electrical code requirements, and all electrical wires and lines less than 100kV that are used in conjunction with the solar energy facility shall be installed underground.

2.

Multiple mounting structures shall be spaced apart at the distance recommended by the manufacturer to ensure safety and maximum efficiency.

(b)

Setbacks. A solar energy facility and its appurtenant components and structures shall be set back a minimum of 50 feet from all property lines and 100 feet from any residence.

(c)

Placement.

1.

When located in agricultural zoning districts, the solar energy facility shall be located as much as possible to minimize impacts on prime agricultural soils, as mapped in the Jackson County comprehensive plan.

2.

If located in a floodplain or an area of known localized flooding, all panels, electrical wiring, automatic transfer switches, inverters, etc. shall be located above the base flood elevation.

3.

Components of the facility shall not be located over a septic system, leach field area or identified reserve area unless approved by the Jackson County Environmental Health Department.

(d)

Screening. The facility shall be fully screened from adjoining properties and adjacent roads using the natural topography or by installation of an evergreen buffer capable of reaching a height of six feet within three years of planting, with at least 75 percent opacity at the time of planting.

(e)

Height.

1.

Freestanding solar panels or solar arrays shall not exceed 25 feet in height as measured from the grade at the base of the structure to the highest point.

2.

Mounted solar panels or solar arrays shall not exceed eight feet above the apex of the structure on which it is mounted or the maximum height for buildings in the zoning district in which it is located.

(f)

Security.

1.

Unless 24-hour security guards or video surveillance is provided at the installation, the solar energy facility shall be enclosed by a security fence no less than six feet nor greater than eight feet in height.

2.

Access gates and equipment cabinets must be locked when not in use.

(g)

Glare and lighting.

1.

The solar energy system components shall be designed with an antireflective coating or at least shall not produce glare that would constitute a nuisance to occupants of neighboring properties, aircraft, or persons traveling adjacent or nearby roads.

2.

If lighting is required, it shall be activated by motion sensors, fully shielded and downcast type where the light does not spill onto any adjacent property or into the night sky.

(h)

Maintenance and upkeep. Systems shall be maintained in accordance with manufacturer's specifications. The operator of the facility shall maintain the facility, including all buffer screening, in compliance with the approved plans and shall keep the facility free from weeds, dust, trash and debris.

(i)

Site plan review and development permit. A site plan reviewed and approved by the planning division shall be required prior to issuance of a development permit. In addition to requirements for site plans generally, the site plan submission shall include the following information: The proposed location and dimensions of all solar panels, inverters, existing and proposed structures, screening, fencing, property lines, parking, access driveways and turnout locations, ancillary equipment, transmission lines, vegetation, the location of any residences on site and within 100 feet of the perimeter of the facility, the location of any proposed solar access easements, and standard drawings of solar energy system components.

(j)

Additional submission requirements. In addition to requirements for information to be provided during the site plan review and development permitting process, the facility shall not be approved for operation until the following are submitted:

1.

Copy of all lease agreements and solar access easements.

2.

Where interconnection to an electric utility grid is proposed, the applicant shall submit evidence that the electrical utility provider has been informed of the customer's intent to install an interconnection with the local electric utility grid. A copy of the approval from the local utility must also be provided before operation of an interconnected facility will be authorized.

3.

A decommissioning plan for the anticipated service life of the facility or in the event that the facility is abandoned or has reached its life expectancy.

4.

The county may require other studies, reports, certifications, and/or approvals be submitted by the applicant to ensure compliance with this section.

(k)

Removal of obsolete or unused systems. All obsolete or unused systems shall be removed. Any structure or equipment associated with the solar farm that is not operated for a continuous period of one year shall be considered an obsolete or unused system and decommissioned per the approved decommission plan.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Duration of event. The length of any individual event held on the premises shall not exceed five consecutive days.

(b)

Parking setback. Parking areas for guests, employees, or the owner occupant's household shall not be located closer than 25 feet of any property line.

(c)

Codes. A special event facility must meet all applicable building, occupancy, health, safety and food service codes, rules and regulations.

(d)

Agricultural zoning. Special event facilities located within an agricultural zoning must be located on property of at least 30 acres. Additionally, the owner and operator must primarily reside on the property, as a special event facility is considered an accessory use.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 25-001, § 1, 3-17-2025)

(a)

Minimum site area. The minimum site area shall be ten acres.

(b)

Fencing. Such facilities shall be enclosed by a six-foot high fence along the entire perimeter boundary, for screening and security purposes, as approved during the special use application process.

(c)

Traffic impact study. As a part of the special use application, a traffic study shall be submitted to the department of public development. The applicant shall address recommendations of the traffic study to mitigate traffic impacts of the proposed facility.

(d)

Noise and lighting studies. As a part of the special use application, a noise impact study and lighting study shall be submitted to the department of public development. The applicant shall address recommendations of the noise and lighting studies to mitigate noise and lighting impacts of the proposed facility.

(e)

Hours of operation. Hours of operation may be limited by the board of commissioners via conditions of special use approval.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Setback. Swimming pools (water's edge) must be located 15 feet from any property line.

(b)

Fence and gate. Swimming pools must be enclosed by a fence or wall at least four feet in height with a locking gate.

(c)

Other requirements. Swimming pools must comply with all applicable ordinances and must have necessary approvals from the Jackson County Environmental Health Department and Building Inspector.

(Ord. No. 17-003, § 1, 10-2-2017)

A community festival or fair, which may involve the provision of games, eating and drinking facilities, live entertainment, animal exhibitions, or similar activities in a tent or other temporary structure are authorized subject to the following requirements:

(a)

Duration. The activity shall not exceed 21 days.

(b)

Setback. Activities shall not be conducted within 200 feet of any property line.

(Ord. No. 17-003, § 1, 10-2-2017)

A temporary religious assembly are authorized, subject to the following requirements:

(a)

Duration. The activity shall not exceed 15 days.

(b)

Setback. Activities shall not be conducted within 100 feet of any residential property line.

(Ord. No. 17-003, § 1, 10-2-2017)

Temporary (seasonal) retail sales are authorized, subject to the following requirements:

(a)

Duration. Retail sales of Christmas trees shall be permitted between Thanksgiving and the 26 ^th day of December. Retail sales of pumpkins, gourds and other Halloween or fall items shall be permitted from October 1 to October 31. Any other seasonal items authorized by the public development director shall not exceed 30 days.

(b)

Others. Outdoor swap meets and craft shows involving the retail sale or exchange of new, handcrafted, or second-hand merchandise conducted by a single sponsor may be permitted for a maximum period of 72 hours, not to exceed twice a year for any sponsor or any individual location.

(Ord. No. 17-003, § 1, 10-2-2017)

Tennis courts on individual residential lots shall be located in rear yards and shall be setback at least 15 feet from all side and rear property lines and enclosed by a fence or freestanding wall at least eight feet high.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Bona fide agricultural activity. The following shall be required in order to qualify tree harvesting as a bona fide agricultural activity:

1.

The tract must be under an approved forestry management plan.

2.

The Jackson County Tax Commissioner has approved the property for a preferential agricultural assessment or a conservation use assessment.

3.

There is a contract for delivery of the trees between the tree harvesting company and an end user, such as to a mill or wood pulp company.

4.

Best management practices required by the Georgia Forestry Commission shall be followed. This can be evidenced by a contract between the tree harvesting company and the property owner (the seller) that is consistent with the form and content recommended by the Georgia Forestry Commission.

5.

The tree harvester is currently qualified as a master timber harvester by the Georgia Forestry Commission at the time of the tree harvesting.

(b)

Permit not required. No permit from the department of public development shall be required for timber harvesting; provided, however, that all such activities must be consistent with article 12 of this UDC relative to tree protection and other applicable regulations of this development code.

(c)

Notice required. All persons or firms harvesting standing timber in the unincorporated portion of Jackson County for delivery as pulpwood, logs, poles, or wood chips to any woodyard or processing plant located inside or outside the state of Georgia shall provide notice of such harvesting operations to the Board of Commissioners of Jackson County prior to cutting any such timber. Prior written notice shall be required of any person or firm harvesting such timber for each separate tract to be harvested thereby, shall be in such form as prescribed by state rule or regulation of the Director of the Georgia Department of Natural Resources and shall consist of the following:

1.

A map of the area which identifies the location of the tract to be harvested and, as to those trucks which will be traveling to and from such tract for purposes of picking up and hauling loads of cut forest products, the main point of ingress to such tract from a public road and, if different, the main point of egress from such tract to a public road;

2.

A statement as to whether the timber will be removed pursuant to a lump sum sale, per unit sale, or owner harvest for purposes of ad valorem taxation under O.C.G.A. § 48-5-7.5;

3.

The name, address, and daytime telephone number of the timber seller if the harvest is pursuant to a lump sum or per unit sale or of the timber owner if the harvest is an owner harvest; and

4.

The name, business address, business telephone number, and nighttime or emergency telephone number of the person or firm harvesting such timber.

Such notice may be submitted in person, by transmission of an electronic record via telefacsimile or such other means as approved by the Board of Commissioners of Jackson County, or by mail. (Reference O.C.G.A. § 12-6-24.)

(d)

Restriction on development approval of recently cleared land. Except for properties with activities consistent with paragraph (a) of this section (bona fide agricultural activity), no development or land disturbance permit will be issued by Jackson County if any portion of the property has been cleared of trees within five years prior to such permit application. This restriction may be waived by the board of commissioners upon a finding that: the tree removal occurred as a bona fide agricultural activity; and a minimum basal area of at least 50 square feet per acre, distributed evenly throughout the property, was retained on the property at the time of tree removal, as certified by a qualified arborist or forester.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Definitions. As used in this section and elsewhere in this UDC as may be applicable, the following terms are defined:

Tire: A continuous solid or pneumatic rubber covering designed for encircling the wheel of a motor vehicle and which is neither attached to the motor vehicle nor a part of the motor vehicle as original equipment, such motor vehicles including but not limited to, automobiles, trucks, heavy equipment, motor bikes, boat and other trailers, aircraft, and recreational vehicles.

Used tire: A tire which has a minimum of 2/32 inches of road tread and which is still suitable for its original purpose.

Scrap tire: A tire that is no longer suitable for its original intended purpose because of wear, damage, or defect.

(b)

Display. Any tire shop, retail tire sales establishment, used tire dealer, and any other establishment lawfully associated with the sale, service or repair of tires or used tires shall be required to limit the display outside of a building of tires and used tires, as defined in this section, to no more than a total of 48 tires and/or used tires. This provision shall not limit the display of tires inside a building, The only acceptable method of tire or used tire display outside of a building is the placement of such tires or used tires on one or more racks in the upright position. No tire or used tire display rack(s) shall be placed in any required driveway, fire lane, landscape strip, frontage buffer, parking space, or within 20 feet of the front property line. It shall be unlawful to display outside a building any scrap tires.

(c)

Storage. Except for salvage yards, the storage of tires and used tires shall be authorized only within a building or fully enclosed structure.

(Ord. No. 17-003, § 1, 10-2-2017)

Wrecked or inoperable vehicles may be stored outdoors in a rear yard if fully screened from view of all public roads and nearby properties via buildings and/or a solid, opaque wooden fence or masonry wall at least six feet in height.

(Ord. No. 17-003, § 1, 10-2-2017)

In zoning districts where permitted, establishments that provide refueling of trucks and cater to the needs of truck drivers are subject to the following requirements:

(a)

Accessory uses and buildings; floor limit. All uses other than the dispensing of fuel or other accessory vehicle services must be contained within a single principal building. Such building may contain convenience shopping space, a restaurant, television viewing and recreation lounges, restroom facilities, and showers, not to exceed 20,000 square feet of building floor area.

(b)

Parking area setback and buffer. Truck parking areas must be at least 300 feet from any residential zoning district, within which there shall be a 200-foot wide buffer.

(c)

Vehicle repairs. No major repairs such as engine overhaul, transmission and differential repairs, body and fender work and other repairs of a similar nature shall be performed on the site.

(d)

Inoperable vehicles and parts. No outside storage of parts or non-operable vehicles is permitted.

(Ord. No. 17-003, § 1, 10-2-2017)

Utility structures such as electric transformer stations, telephone exchanges, telephone towers, gas regulator stations, water and wastewater pumping stations, and water tanks, may be placed in any zoning district as necessary to serve the public interest, provided such faculties comply with the following requirements:

(a)

Setback. Any building or structure, except a surrounding fence, shall be set back at least 30 feet from any property line.

(b)

Security fence. Unless the installation is a small, incidental structure such as a metal box less than six feet in height, the facility shall be completely surrounded by a security fence at least eight feet high.

(Ord. No. 17-003, § 1, 10-2-2017)

Any property owner may offer and display for sale in a front yard one operable vehicle or operable implement if the operable vehicle or implement offered for sale is owned by the property owner, for a period not to exceed 90 days in any one-year period.

(Ord. No. 17-003, § 1, 10-2-2017)

No building or structure for a veterinary clinic, animal hospital, or pet care shall be located closer than 100 feet to any property line.

(Ord. No. 17-003, § 1, 10-2-2017)

See division II of this article.

(Ord. No. 17-003, § 1, 10-2-2017)

Wrecked or inoperable vehicles may be stored outdoors in a rear yard if fully screened from view of all public roads and nearby properties via buildings and/or a solid, opaque wooden fence or masonry wall at least six feet in height.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Frequency. No individual lot shall be permitted more than four yard or garage sales annually.

(b)

Duration. A yard or garage sale shall not be held for more than 72 hours in any seven-day period.

(Ord. No. 17-003, § 1, 10-2-2017)

The purpose of this division is to establish guidelines for the siting of all wireless telecommunication equipment and facilities, microwave towers, common carrier towers, cellular, television and radio telecommunications towers and antennae. The regulations and requirements of this division are adopted for the following specific purposes:

(a)

To provide for the location of communication towers and communication antennas; and to protect residential areas and land uses from potential adverse impacts of communication towers, poles, and antennas by restricting them in accordance with the restrictions of this chapter.

(b)

To minimize adverse visual impacts of communication towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques.

(c)

To accommodate the growing need for communication towers and antennas while minimizing the total number of towers within the community necessary to provide adequate personal wireless services to residents.

(d)

To promote and encourage shared use/co-location of existing and new communication towers (i.e., the use of multiple antennae operated by different providers on a single tower) as a primary option rather than construction of additional single-use towers or poles.

(e)

To promote and encourage placement of antennae on existing towers, where such siting options exist, and on buildings, where such siting options exist.

(f)

To implement O.C.G.A. tit. 36, "Local Government, Provisions Applicable to Counties and Municipal Corporations," Chapter 66B, known as the "Mobile Broadband Infrastructure Leads to Development Act," which facilitates the construction, modification or collocation of wireless facilities on existing wireless support structures including the placement of new or additional wireless facilities on existing wireless support structures. Said act establishes the intent to allow previously approved wireless support structures and wireless facilities to be modified or collocations thereto to be accepted without additional zoning or land use review beyond that which is typically required by the local governing authority for the issuance of building or electrical permits.

(g)

To consider public health, safety, and welfare in the siting of new towers, and to avoid potential damage to adjacent properties from tower or pole failure through engineering and careful siting of tower structures.

(h)

To limit the siting of telecommunications facilities and towers where they will have the least adverse impact on the community while still complying with the requirements of the Telecommunications Act of 1996 (Public Law No. 104-104, 47 U.S. C. section 332(c)(7)). These intentions are accomplished with restriction of locations and by enacting controls on height, setbacks, screening, color, and materials in order to minimize visibility and promote public safety and welfare. The regulations in this division are reasonably related to the valid public purposes described in this section.

(i)

It is not the intent of the Board of Commissioners of Jackson County to discriminate among providers of functionally equivalent services or to prohibit or have the effect of prohibiting the provision of wireless services in the unincorporated portions of the county. It is also the intent of the board that applications to place, construct, or modify personal wireless service facilities will be acted upon within a reasonable period of time.

(Ord. No. 17-003, § 1, 10-2-2017)

All wireless telecommunication equipment and facilities, microwave towers, common carrier towers, cellular, television and radio telecommunications towers and antennae shall be subject to the requirements of this division, unless specifically exempted from compliance herein.

(Ord. No. 17-003, § 1, 10-2-2017)

The following shall not be subject to the requirements of this division:

(a)

Wireless communications facilities for which a permit was issued prior to the effective date of this division.

(b)

Wireless communication facilities located on properties owned by Jackson County but outside of county roads and public rights-of-way.

(c)

Antennae and towers less than 70 feet in height, owned and operated by the holder of an amateur radio license issued by the Federal Communications Commission.

(d)

Personal over-the-air devices for audio or video programming and wireless internet services.

(e)

Monopole towers 100 feet or less in height located within electrical sub-stations. For purposes of this paragraph, an electric substation is a fenced area of at least 500 square feet of land area. This does not include isolated equipment sites such as boxes.

(f)

Satellite ground relay station facilities.

(g)

A temporary wireless communication facility not to exceed 90 days if applied for and if administratively approved by the public development director based on sufficient explanation of the urgency of need for a temporary facility.

(Ord. No. 17-003, § 1, 10-2-2017)

Accessory equipment: Any equipment serving or being used in conjunction with a wireless facility or wireless support structure and includes, but is not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets, and storage sheds, shelters, or similar structures.

Antenna: Communications equipment that transmits, receives, or transmits and receives electromagnetic radio signals used in the provision of all types of wireless communication services.

Application: A formal request submitted to the local governing authority to construct, collocate, or modify a wireless support structure or a wireless facility.

Collocate or collocation: The placement or installation of new wireless facilities on previously approved and constructed wireless support structures, including monopoles and towers, both self-supporting and guyed, in a manner that negates the need to construct a new freestanding wireless support structure. Such term includes the placement of accessory equipment within an existing equipment compound.

Complete application: An application containing all documents, information, and fees specifically enumerated in or required by the local governing authority's regulations, ordinances, and forms pertaining to the location, construction, collocation, modification, or operation of wireless facilities.

Concealed support structure: Any freestanding structure constructed for the primary purpose of supporting one or more antennae but designed to resemble an architectural or natural feature of the specific environment, concealing or camouflaging the presence of the antennae. The term includes but is not limited to clock towers, campaniles, water towers, silos, light poles, flagpoles, and artificial trees.

Equipment compound: An area surrounding or adjacent to the base of a wireless support structure within which accessory equipment is located.

Modification or modify: The improvement, upgrade, expansion, or replacement of existing wireless facilities on an existing wireless support structure or within an existing equipment compound, provided such improvement, upgrade, expansion, or replacement does not increase the height of the wireless support structure or increase the dimensions of the equipment compound.

Registry: Any official list, record, or register maintained by a local governing authority of wireless facilities, equipment compounds, or wireless support structures.

Temporary wireless communication facility: Portable equipment without permanent foundation that is used for a limited period while a permanent facility is under construction, under repair or during a special public event or emergency. Also called a cell-on-wheels (COW).

Tower: Any structure designed and constructed primarily for the support of one or more antennae and including guyed, self-support (lattice) and monopole types. This term does not include concealed support structures.

Utility: Any person, corporation, municipality, county, or other entity, or department thereof or entity related or subordinate thereto, providing retail or wholesale electric, data, cable, or telecommunications services.

Wireless facility: The set of equipment and network components, exclusive of the underlying wireless support structure, including antennas, transmitters, receivers, base stations, power supplies, cabling, and accessory equipment, used to provide wireless data and wireless telecommunication services.

Wireless support structure: A freestanding structure, such as a monopole, tower, either guyed or self-supporting, or suitable existing or alternative structure designed to support or capable of supporting wireless facilities. Such term shall not include any telephone or electrical utility pole or any tower used for the distribution or transmission of electrical service.

(Ord. No. 17-003, § 1, 10-2-2017)

Antennae, towers and concealed support structures may be either a principal use or an accessory use and may be located on a non-conforming lot or on a lot containing a non-conforming use. The construction of a tower or concealed support structure in compliance with this division shall not be considered an expansion of a non-conforming use.

(Ord. No. 17-003, § 1, 10-2-2017)

Except as otherwise authorized by this division for modifications and collocations, as defined, no wireless telecommunications facility or wireless telecommunications equipment shall be constructed unless it has first been approved as a special use in accordance with the requirements of this UDC.

(Ord. No. 17-003, § 1, 10-2-2017)

In addition to and in conjunction with the information required for special use applications generally, as provided in article 13 of this UDC, each application for a special use required under this division shall include the following:

(a)

A site plan with topographical information.

(b)

An elevation view, perspective drawing, or simulated photograph of how the proposed telecommunication tower will look from public rights-of-way and surrounding residential streets from which it will be visible once constructed.

(c)

Supporting engineering calculations and information which provide evidence of need and document radio frequency range, coverage area, and tower height requirements. The application must specifically address whether there is a technically suitable space available on an existing tower or other location within the search area (i.e., the grid for the placement of the antenna), and such information shall specifically include the location of all existing towers within a one-mile radius of the site proposed.

(d)

A determination by the Federal Aviation Administration (FAA) regarding hazards to air navigation. This requirement may be waived by the public development director if the proposed location is remote from any known airport or aircraft landing area.

(Ord. No. 17-003, § 1, 10-2-2017)

In addition to the standards enumerated for special use approval generally, the following factors shall also be considered when acting on an application for special use approval:

(a)

Appropriateness of the height of the proposed tower.

(b)

Whether a monopole or concealed support structure is proposed.

(c)

Proximity of residential uses.

(d)

Topography of the surrounding area.

(e)

Existing tree cover and vegetation.

(f)

The visual obtrusiveness of the proposed use, or whether visual obtrusiveness can be reduced or eliminated with changes in design. This may include the fit with the context of its surroundings, considering the location, height, type of facility, color and materials proposed.

(g)

Whether there exist or have been approved other suitable towers or tall structures within the geographic area required to meet the proposed service provider's engineering requirements. The lack of suitable alternatives may be demonstrated by one or more of the following:

1.

That existing towers or tall structures are not located within the necessary geographic area.

2.

That existing towers or tall structures are not of sufficient height to meet system engineering requirements.

3.

That existing towers or tall structures do not have the structural capacity to support the service provider's antennae or do not have sufficient ground or interior space for related equipment.

4.

That the proposed service provider's antennae would cause interference with antennae on existing towers or tall structures or that existing systems would cause interference with the proposed service provider's signal.

5.

That other limiting factors, not including economic considerations, render existing towers or tall structures unsuitable.

(h)

Whether a denial of the application would have the effect of prohibiting wireless services in the jurisdiction or area or would unduly restrict competition among wireless providers.

(i)

Whether the tower or wireless facility would be engineered and constructed to accommodate additional communication service providers.

(j)

Whether the tower or wireless facility would pose an unreasonable risk to adjoining properties, including consideration of a fall area where ice or other debris may fall off the tower without harm.

(k)

Whether the application demonstrates compliance with the regulations established in this division.

(Ord. No. 17-003, § 1, 10-2-2017)

Decisions on applications pursuant to this division shall be made within a reasonable period of time, which shall mean generally that such decisions shall be processed in roughly the same amount of time required for other special use applications; provided, however, that the planning commission and board of commissioners shall each table an application for special use for a wireless service facility no more than once before making a recommendation and decision, respectively, unless the applicant does not object to additional continuances.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

The board of commissioners shall make its decision on the special use application based on substantial evidence and sufficient to allow a reviewing court to understand the reasoning behind the decision and whether that reason comports with the evidence presented. To this end, for each application for wireless service facilities, the board of commissioners shall rely on findings of fact in making a decision on said application. Such findings may be part of the recommendation and report of the public development director, the recommendation of the Jackson County Planning Commission, the application and supporting materials submitted by the applicant, testimony from interested individuals, professionals, and the applicant, and any additional findings of fact the board of commissioners may itself determine.

(b)

Generalized community concerns, unaccompanied by supporting documentation, do not constitute substantial evidence under section 704 of the Telecommunication Act of 1996 or this division.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

All towers over 100 feet in height shall have structural capacity and ground or interior space to accommodate multiple users.

(b)

Towers with a height of 160 feet or less shall accommodate at least three users.

(c)

Towers with a height of more than 160 feet shall accommodate at least five users.

(d)

No antenna added to an existing tower per this section shall be allowed to increase the height of the tower.

(Ord. No. 17-003, § 1, 10-2-2017)

Security lighting of the facility is allowed to the extent that the light source is shielded from adjacent properties. Towers shall not be lighted beyond that required by the Federal Aviation Administration (FAA). If lighting is required on a tower located within one mile of a residential use, the owner shall request FAA approval of a dual-lighting system.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

No new tower that is regulated by this division shall be constructed in any AR, R-1, R-2, R-3 zoning district, or in the airport overlay district.

(b)

No new monopole tower that is regulated by this division shall be constructed in any AR, R-1 or R-2 zoning district. Concealed support structures in the AR, R-1 and R-2 zoning districts shall be allowed only in conjunction with an existing non-residential use.

(Ord. No. 17-003, § 1, 10-2-2017; Ord. No. 21-006, § 7, 7-19-2021)

(a)

Self-support (lattice) and guyed towers, if authorized shall not exceed 350 feet in height.

(b)

If authorized, towers located in agricultural zoning districts shall not exceed 250 feet in height.

(c)

Monopoles located, if authorized, shall not exceed 200 feet in height in commercial and industrial zoning districts or 150 feet in agricultural and residential zoning districts.

(d)

Concealed support structures or towers if authorized shall not exceed 70 feet in height in any agricultural or residential zoning district or 100 feet in height in any other zoning district.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

All towers shall be located at least a distance equal to the height of the tower from any property zoned or used for single-family residential purposes.

(b)

All towers shall be located at least one-third of its height from any public road right-of-way.

(c)

Setbacks shall be measured on basis of the entire lot on which the tower is located and shall not be applied to any leased area within the host parcel.

(d)

Accessory structures or anchors in conjunction with a tower shall comply with the minimum yard requirements of the zoning district in which they are located.

(Ord. No. 17-003, § 1, 10-2-2017)

All towers and related equipment shall be enclosed by decay-resistant security fencing not less than six feet in height and equipped with anti-climbing devices as appropriate to prevent unauthorized access.

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

A minimum ten-foot wide area meeting buffer standards shall be planted surrounding towers and related equipment, outside of the area required to be fenced.

(b)

Landscaping and buffer areas must be under the ownership or long-term lease of the tower owner and maintained by said owner.

(c)

The required buffer area may be reduced or waived by the public development director if existing natural vegetation on site provides sufficient screening from adjacent properties and public rights-of-way.

(Ord. No. 17-003, § 1, 10-2-2017)

Tower facilities shall have mounted in a conspicuous place, a sign of not more than one square foot in area, identifying the facility's owner and providing a means of contact in the event of an emergency. All other signs and any form of advertising are prohibited in conjunction with a use regulated by this division.

(Ord. No. 17-003, § 1, 10-2-2017)

All towers, concealed support structures, antennae and related equipment shall comply with all building, electrical and other codes currently in force, and any applicable regulations of the Federal Communications Commission and Federal Aviation Administration.

(Ord. No. 17-003, § 1, 10-2-2017)

In the regulation of the placement or construction of any new wireless facility or wireless support structure, a local governing authority shall not:

(a)

Condition the approval of any application for a new wireless support structure on a requirement that a modification or collocation to such structure be subject to a review that is inconsistent with the requirements of O.C.G.A. § 36-66B-4;

(b)

Require the removal of existing wireless support structures or wireless facilities as a condition to approval of an application for a new wireless facility or wireless support structure unless such existing wireless support structure or wireless facility is abandoned and owned by the applicant; or

(c)

Require the applicant to place an antenna or other wireless communications equipment on publicly owned land or on a publicly or privately owned water tank, building, or electric transmission tower as an alternative to the location proposed by the applicant. (Reference: O.C.G.A. § 36-66B-6)

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Applications for collocation or modification of a wireless facility entitled to streamlined processing under O.C.G.A. § 36-66B-4, shall be reviewed for conformance with applicable site plan and building permit requirements, including zoning and land use conformity, but shall not otherwise be subject to the issuance of additional zoning, land use, or special use permit approvals beyond the initial zoning, land use, or special permit approvals issued for such wireless support structure or wireless facility.

(b)

Modifications and applications for proposed collocations qualify for permit streamlining if they meet the following requirements:

1.

The proposed modification or collocation shall not increase the overall height or width of the wireless support structure to which the wireless facilities are to be attached;

2.

The proposed modification or collocation shall not increase the dimensions of the equipment compound initially approved by the local governing authority;

3.

The proposed modification or collocation shall comply with applicable conditions of approval, if any, applied to the initial wireless facilities and wireless support structure, as well as any subsequently adopted amendments to such conditions of approval; and

4.

The proposed modification or collocation shall not exceed the applicable weight limits for the wireless support structure, as demonstrated by a letter from a structural engineer licensed to practice in this state. (Reference O.C.G.A. § 36-66B-4)

(Ord. No. 17-003, § 1, 10-2-2017)

(a)

Application requirements. A local governing authority's review of an application to modify or collocate wireless facilities on an existing wireless support structure shall not include an evaluation of the technical, business, or service characteristics of such proposed wireless facilities. A local governing authority shall not require an applicant to submit radio frequency analyses or any other documentation intended to demonstrate the proposed service characteristics of the proposed wireless facilities, to illustrate the need for such wireless facilities, or to justify the business decision to collocate such wireless facilities; provided, however, that the local governing authority may require the applicant to provide a letter from a radio frequency engineer certifying the applicant's proposed wireless facilities will not interfere with public safety emergency communications. (Reference O.C.G.A. § 36-66B-4)

(b)

Determination of application completeness. Within 30 calendar days of the date an application for modification or collocation is filed with the local governing authority, the local governing authority shall determine if it is a complete application and, if it determines the application is not a complete application, notify the applicant in writing of any information required to complete such application. To the extent additional information is required to complete the application, the time required by the applicant to provide such information shall not be counted toward the 90-calendar-day review period set forth in this section. Information requested to complete the application may only include the documents, information, and fees specifically enumerated in the local governing authority's regulations, ordinances, and forms pertaining to the location, construction, collocation, modification, or operation of wireless facilities. (Reference O.C.G.A. § 36-66B-4)

(c)

Decision. Within 90 calendar days of the date an application for modification or collocation of wireless facilities is filed with the local governing authority, unless another date is specified in a written agreement between the local governing authority and the applicant, the local governing authority shall make its final decision to approve or disapprove the application and advise the applicant in writing of its final decision. (Reference O.C.G.A. § 36-66B-4)

(Ord. No. 17-003, § 1, 10-2-2017)

Pursuant to O.C.G.A. § 36-66B-7, a local governing authority shall not:

(a)

Charge an applicant a zoning, permitting, or other fee for review or inspection of a new or existing wireless facility or wireless support structure in an amount greater than the amount authorized by O.C.G.A. § 48-13-9(a);

(b)

Charge an applicant a zoning, permitting, or other fee for review or inspection of a collocation or modification in excess of $500.00;

(c)

Seek reimbursement from the applicant for any application fees, consultation fees, registry fees, or audit fees with respect to a wireless facility or wireless support structure that are based on a contingency fee arrangement; or

(d)

Charge a wireless service provider or wireless infrastructure provider any rental, license, or other fees in excess of the fair market value for rental or use of similarly situated property to renew or extend the term of a lease or other agreement for a wireless facility or wireless support structure on such local governing authority's property. (Reference: O.C.G.A. § 36-66B-7)

(Ord. No. 17-003, § 1, 10-2-2017)