The regulations set forth in this article supplement or modify the district regulations appearing elsewhere in this chapter.

(Ord. of 7-20-2009, § 67)

(a)

Temporary buildings used in conjunction with construction work only may be permitted in any district but shall be removed immediately upon completion of the construction work.

(b)

Recreational vehicles on private lots in AG zoning. Individual recreational vehicles occupied temporarily by a guest of the owner or tenant of the property on which the recreational vehicle is located, shall be allowed, not to exceed 15 consecutive calendar days in any 30 day period. No recreational vehicle shall be used as a permanent residence on any private lot in all zoning districts. Recreational vehicles shall not be attached in any way to a permanent foundation or other structure, and shall not have any permanent connections to utilities.

(1)

Exceptions. When building a personal home in the AG zoning district with an active building permit and all building and construction related permits for the principle dwelling have been secured, and construction will commence within 90 days. Allowed up to 12 months. If an extension is needed the planning and zoning commission will hear the request and make the final decision. All units must be hooked up to sanitary facilities.

(Ord. of 7-20-2009, § 68; Ord. of 08-05-2024(2))

The height limitations of this chapter shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy, monuments, water towers, observation towers, transmission towers, chimneys, smokestacks, radio towers, television towers, masts and aerials.

(Ord. of 7-20-2009, § 69)

Where a lot of record at the time of the effective date of the ordinance from which this chapter is derived had less area or less width than herein required for the district in which it is located, said lot may nonetheless be used for a single-family dwelling, provided that all yard and other requirements of the district are complied with. If two or more adjoining and vacant lots with continuous frontage are in a single ownership at any time after the adoption of the ordinance from which this chapter is derived and such lots individually are less than the lot width requirements for the district in which they are located, such groups of lots shall be combined and recorded as a single lot of conforming size and the lot or lots in one ownership shall be subject to the requirements of this chapter.

Prior to transfer of the fee title of a lease lot of record, the lease lot of record must satisfy the requirements of the Jasper County Health Department relative to water supply and sewage treatment.

(Ord. of 7-20-2009, § 70; Ord. of 3-2-2020, § 3)

(a)

Every part of a required yard shall be open to the sky and unobstructed except for the ordinary projections of sills, belt courses, cornices, eaves, chimneys, buttresses and other ornamental and architectural features; provided, however, that such features do not project more than 1½ feet into any required yard. The term "open to the sky and unobstructed" does not pertain to trees and bushes.

(b)

More than one institutional, commercial or industrial building may be located upon a lot or tract, but such buildings shall not encroach upon the front, side and rear yards required by the district regulations and for multiple dwellings the open space between buildings measured at the closest point shall not be less than 20 feet for one-story buildings, 30 feet when one or both are two-story buildings, and 40 feet when one or both are three- or more story buildings.

(c)

Where an open space is more than 50 percent surrounded by a residential or institutional building, the minimum width of the open space shall be at least 20 feet for one-story buildings, 30 feet for two-story buildings and 40 feet for three-story or more story buildings.

(d)

In a residential district, no required yard except the rear yard shall be used for the location of a private swimming pool.

(e)

Wherever yards are provided between commercial or industrial structures, they shall have a minimum width of not less than ten feet.

(Ord. of 7-20-2009, § 71; Ord. of 12-6-2021, § 3)

The required front yards heretofore established shall be modified in the following cases:

(1)

Where 40 percent or more of the frontage on the same side of a street between two intersecting streets is presently developed with buildings that have (with a variation of five feet or less) a front yard greater or lesser in depth than therein required, new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings.

(2)

Where 40 percent or more of the frontage on one side of a street between two intersecting streets is presently developed or may hereafter be developed with buildings that do not have a front yard as described in subsection (1) of this section, then:

a.

Where a building is to be erected on a parcel of land that is within 100 feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two closest front corners of the adjacent buildings; or

b.

Where a building is to be erected on a parcel of land that is within 100 feet of an existing building on one side only, such building may be erected as close to the street as the existing adjacent building.

(3)

Double frontage lots shall provide the required front yard on both streets.

(4)

Corner lots shall provide a front yard on each street side; provided, however, that the buildable width of a lot of record at the time of the passage of the ordinance from which this chapter is derived need not be reduced to less than 25 feet.

(5)

Permitted signs may extend into a front yard or the required yard abutting a side street not to exceed 18 inches.

(6)

Accessory buildings. In residential zoning districts, a detached accessory building shall not be located closer to the street right-of-way line than the principal building to which it is accessory.

(Ord. of 7-20-2009, § 72; Ord. of 12-6-2021, § 3)

The rear yards heretofore established shall be modified in the following cases:

(1)

An unenclosed balcony, porch steps or fire escape may project into a rear yard for a distance not exceeding ten feet.

(2)

Accessory buildings shall be located in a rear yard and shall not occupy more than 30 percent of the required rear yard.

(3)

On corner lots, accessory buildings shall not be located closer to the side street right-of-way line than the principal buildings to which it is accessory or closer to the rear lot line than the side setback requirements for principal buildings located on adjoining lots with side yards contiguous to said rear lot line.

(4)

When an accessory building is attached to the principal building by breezeway, passageway or similar means, it shall comply with the yard requirements of the principal building to which it is accessory.

(5)

Satellite dish antennas are permitted as accessory structures in residential zoning districts and may be no greater than 3.5 feet in diameter.

(Ord. of 7-20-2009, § 73; Ord. of 12-6-2021, § 3)

Walls and fences and ornamental trees and shrubs may be located within the yards except:

(1)

In the RES district, no wall or fence in a front yard shall exceed a height of four feet and shall not exceed eight feet in height in any side or rear yard.

(2)

In all districts, no fence, wall, shrubbery, sign, marquee, or other obstruction to vision between the heights of three feet and 15 feet shall be permitted within 20 feet of the intersection of the right-of-way lines of two streets or of a street intersection with a railroad right-of-way line.

(Ord. of 7-20-2009, § 74; Ord. of 3-6-2023(3))

(a)

Churches and other places of worship, clubs, sororities and fraternities shall comply with the following regulations in all residential zoning districts:

(1)

Shall comply with the minimum front and rear yard requirements for the zoning district in which they are located and shall have a 25-foot side yard in all residential zoning districts.

(2)

No front yard shall be used for the purpose of parking.

(3)

Coverage of property shall be limited to 50 percent. In addition to coverage by buildings, coverage by parking areas, drives, walkways and other paved or graveled surfaces shall be included in determining the percentage of coverage.

(b)

The following conditions apply to hospitals, sanitariums and nursing homes in all districts permitting such uses:

(1)

Shall have prior approval of the county health department.

(2)

Shall provide a visually solid fence or dense planted buffer on any side abutting residential use.

(3)

Shall be supplied with secure source of emergency electrical power so as to provide electricity for all hospital services for no less than 48 hours in the event of an interruption in the power supplied by the electric utility company.

(c)

No front yard for multiple-family dwellings shall be used for the purpose of parking or loading.

(d)

Within any residential district, not more than 25 percent of the total area between the street right-of-way line and the front of the principal building shall be paved.

(Ord. of 7-20-2009, § 75; Ord. of 12-6-2021, § 3)

(a)

A visually dense planting screen with a minimum height of eight feet shall be provided along any property line of a commercial or industrial use that adjoins a residential district.

(b)

No required yard in C-1, C-2, and O-I districts shall be used for the purpose of parking or loading.

(c)

Animal hospitals. Such uses shall be operated so as to prevent objectionable odors. Any boarding and kennel space shall be contained within the building and is limited to no more than 25 percent of the total building area of the hospital. No pens, cages or other area for the overnight confinement of animals shall be permitted outside the building or buildings. Any areas used for boarding shall be adequately soundproofed and located at least 50 feet from any off-site residence.

(Ord. of 7-20-2009, § 76)

Nursery schools, kindergartens and day care centers shall comply with the appropriate rules and regulations of the state department of human resources. When such a facility is to be located in a zoning district where such facility requires a public hearing by the planning and zoning commission and approval of the board of commissioners, the following items shall be considered in determining whether the facility shall be approved:

(1)

The suitability of the proposed facility in view of the use and development of adjacent and nearby properties.

(2)

The impact that the proposed facility will have on the public safety, traffic on the public streets, transportation facilities, utilities, and other public services.

(3)

The impact that the proposed facility will have on established property values and on the health, safety, comfort and general welfare of the residents of the county.

(Ord. of 7-20-2009, § 77)

Supplemental regulations and modifications applicable to homes for the elderly are as follows:

(1)

Lot shall have a minimum width of 100 feet and a minimum depth of 150 feet.

(2)

Minimum floor area, one-bedroom apartment: 550 square feet. Minimum floor area, efficiency apartment: 350 square feet.

(3)

Maximum building coverage shall not exceed 60 percent of total land area.

(4)

One parking space shall be provided for each 2¼ dwelling units.

(Ord. of 7-20-2009, § 78)

The presence within an accessory building or within any part of a principal building of any of the following features and equipment shall be considered prima facie evidence that such accessory building or such part of the principal building is a separate and distinct dwelling unit: utility services; utility meters; mailboxes; and kitchen equipment such as sink, stove, oven, and/or cabinets. Said dwelling unit shall be subject to the regulations of the zoning district in which it is located.

(Ord. of 7-20-2009, § 79)

Personal care homes may be established and operated in the county in accordance with the following policies and procedures:

(1)

Personal care homes shall be operated only in zoning districts in which such homes are allowed as permitted uses or special uses as described in section 119-269, table of permitted uses.

(2)

Persons seeking to operate a personal care home in the county must file a permit application with the development department along with any fees established by the board of commissioners. Each permit application shall include an affidavit that the applicant either has applied for or will immediately apply for the corresponding permit or authorization for the operation of a personal care home from the state department of human resources in accordance with its rules and regulations and the affidavit shall also certify that the proposed personal care home will meet and be operated in conformance with all applicable state and federal laws and regulations and with all codes and regulations of the county. All application forms and information submitted to the state department of human resources or any amendment thereto shall be submitted with the county permit application. The director of planning may require clarification or additional information from the applicant that is deemed necessary to determine whether operation of the proposed home will meet applicable laws, regulations and development standards.

(3)

If the director of planning determines that an application to operate a personal care home is in compliance with the applicable requirements, the director shall approve the application for a permit, but the permit for operation shall not be issued until the applicant has obtained the corresponding permit or authorization for operation of such a home from the state department of human resources.

(4)

No permit for the operation of a personal care home shall be transferable.

(5)

No personal care home shall be operated without both a valid permit from the county and a valid license from the state department of human resources.

(Ord. of 7-20-2009, § 80)

When a residential use or personal care home is to be located in a zoning district where such use or personal care home requires a public hearing by the planning and zoning commission and approval of the board of commissioners, the following items shall be considered in determining whether the residential use or personal care home shall be approved:

(1)

The suitability of the proposed residential use or personal care home in view of the use and development of adjacent and nearby properties.

(2)

The impact that the proposed residential use or personal care home will have on the public safety, traffic on the public streets, transportation facilities, utilities, and other public services.

(3)

The impact that the proposed residential use or personal care home will have on established property values and on the health, safety, comfort and general welfare of the residents of the county.

(Ord. of 7-20-2009, § 81)

Buffer areas shall be established and maintained by the property owner under the following provisions:

(1)

A 50-foot-wide buffer area which provides visual screening and may be required to provide a screening fence or wall on the interior edge of the buffer shall be established and maintained by the owner in any required side or rear yard when a development in a C-1, C-2 or M district adjoins RES zoning district. Minimum fence or wall height shall be six feet.

(2)

The requirements for a fence or wall may be waived by the director of planning upon presentation of field survey analysis prepared by a licensed architect, landscape architect, or engineer demonstrating that construction of the fence or wall would destroy existing vegetation which, in itself, provides visual screening between the development and the adjoining residential district.

(3)

Required buffer areas shall be maintained as a planted area, using existing vegetation or, when required, additional plantings as provided in this section.

(4)

Required buffer areas shall be appropriately landscaped with trees and shrubs and may be enhanced with flowers, grass, stone, rocks and other natural landscaping materials.

(5)

Required buffer areas shall not be used for parking or a structure other than a fence or drainage improvements required by the county. However, a buffer area may be used for vehicular access and utility easements if these are constructed approximately perpendicular to the greater distance of the buffer area. Buffers may also contain drainage improvements required by the county based upon competent engineering studies showing the improvements to be necessary, if approved by the county engineer.

(6)

Except as otherwise provided, the natural topography of the land shall be preserved and natural growth shall not be disturbed beyond that which is necessary to prevent a nuisance, to thin natural growth where too dense for normal growth, or to remove diseased, misshapen or dangerous and decayed timbers. However, a slope easement may be cleared and graded where required to prevent soil erosion upon approval of the public works director; this easement may cover no more than 20 percent of the required buffer space, and shall be immediately replanted upon completion of easement improvements.

(7)

Where the conditions described in subsection (6) of this section cannot be met by reason of the topography of the land or due to the prior removal or lack of vegetation and foliage, the owner of the buffer area shall install a permanent screen of evergreen plantings, so designed and developed to provide visual screening between the property described herein. These plantings shall consist of a mix of hardwoods and evergreens indigenous to the state's Piedmont area in order to mirror what is native and will sustain life in the Piedmont area. These plantings shall not be less than six feet in height, or trees or shrubs what will, in normal growth, attain a height of six feet within three years. The following plants are suggested, but not limited to, for this purpose: Southern Magnolia, Eastern Red Cedar, Sassafras, Maple, and Poplar. A certified master gardener, landscape architect, or the UGA Extension Service may be consulted for additional planting recommendations. Other plants may be suitable, provided they can form a hardy screen, dense enough and high enough both to interrupt vision and diffuse the transmission of sound. Plants selected should not be exotic or invasive.

(8)

Any grading, improvements or construction adjacent thereto shall be conducted far enough from the buffer area so as not to disturb or encroach upon trees within the buffer area.

(9)

Required buffer areas shall be designated on each subdivision plat, concept plan, or construction plan and shall be recorded as a permanent easement.

(Ord. of 7-20-2009, § 82; Ord. of 3-6-2023(4))

Communications towers and antennas may be erected and operated in the county as permitted in the district regulations, and in accordance with the policies and procedures described in this section, and after review and approval as described in chapter 115, article IV. Except in the AG Agricultural District, and unless otherwise exempt, no communication tower or antenna shall be erected in or within 300 yards of a residential zoning district.

(1)

Development standards.

a.

All districts. Towers shall be located no closer to any existing off-site dwelling than a distance equal to the height of the tower or 100 feet, whichever is greater. On properties located adjacent to any residentially zoned property, towers shall be located no closer to the residentially zoned property than a distance equal to the height of the tower or 200 feet, whichever is greater. Cables and structures designed to anchor towers and antennas shall be set back a minimum of 20 feet from all property lines.

b.

Antennas in O-I Office Institutional Districts, C-1 Neighborhood Commercial Districts, C-2 General Commercial Districts, and in M Manufacturing Districts. Antennas may be located on existing structures, including but not limited to buildings, light poles, water towers, communications towers or other freestanding structures, provided that the existing structure is at least 50 feet in height and the antenna is no more than 20 feet higher than the highest point of the existing structure.

c.

Exemptions. These regulations shall not apply to the following:

1.

Towers and/or antennas less than 70 feet in height and owned and operated by a federally licensed amateur radio operator.

2.

Receive-only antennas.

3.

Satellite dish antennas.

4.

Towers and antennas operated by local, state or federal government.

(2)

Standards for approval of communications towers. When a communications tower is to be located in a zoning district where a tower requires a public hearing by the planning and zoning commission and approval of the board of commissioners, the following standards shall be considered in determining whether the tower shall be approved:

a.

Is the proposed tower suitable in view of the use and development of adjacent and nearby property?

b.

Does the proposed tower adversely affect the existing use, usability, or unreasonably reduce the value of adjacent or nearby property?

c.

Does the proposed tower result in impacts that will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or other public facilities?

d.

Are there other existing or changing conditions that, because of their impact on the public health, safety, morality and general welfare of the community, give supporting grounds for either approval or disapproval of the proposed tower?

e.

Communications towers may be approved subject to such reasonable conditions necessary to mitigate impacts that may be expected without the imposition of such conditions.

(Ord. of 7-20-2009, § 83)

The purpose of this regulation is to provide standards for private elementary, middle and secondary schools in residential zoning districts.

(1)

Development standards.

a.

Minimum lot area:

1.

Elementary schools: two acres.

2.

Middle or junior high schools: four acres.

3.

High schools: ten acres.

b.

Minimum frontage: 100 feet.

c.

Minimum building setbacks from property lines from adjoining residential uses: 50 feet.

d.

Minimum setbacks from property lines for parking areas and driveways: 25 feet.

An exception to any of these minimum development standards may be approved as part of the school's comprehensive site development plan after consideration of the standards for approval described in section 119-449.

(2)

Supplemental standards for approval. In addition to the standards described in section 119-449, the following standards shall be considered in determining whether the proposed development shall be approved:

a.

Adequacy of site. Is the site adequate for the proposed development and use?

b.

Buildings. Are the scale and size of the proposed buildings appropriate in relation to the site and the adjacent and nearby properties?

c.

Vehicular access, circulation and off-street parking and loading. Is the public street on which the proposed development is to be located adequate to allow estimated traffic? Is ingress and egress to the proposed development adequate so as to minimize traffic congestion? Is parking located to the rear of the proposed development and effectively screened? Is there adequate access for fire and other emergency vehicles?

d.

Buffers. Are buffers and other screening measures adequate to protect adjacent residential uses from noise, lighting and other impacts?

e.

Solid waste disposal. Are garbage disposal and refuse collection areas adequate? Are they located and screened to minimize impacts on adjacent residential properties?

(3)

Standards for approval; conditional zoning. The standards described in this section shall be considered in determining whether the proposed use shall be approved. Such use may be approved subject to such conditions as may be imposed in order to mitigate impacts which may be expected without the imposition of conditions and may be regulated in the same manner as provided in, conditional zoning.

(4)

Supplemental application requirements. Each application shall be accompanied by plans that include the following:

a.

Written description of the proposed development. At a minimum, such description shall provide a summary of the scope and main features of the proposed development, including hours and manner of operation, and shall address standards for approval described in this article.

b.

Comprehensive site development plan. At a minimum, such plan shall include all existing and proposed buildings and structures and their location on the property, heights of proposed buildings, proposed use of each building, all driveways, parking areas and loading areas, location of garbage disposal facilities and proposed buffers.

(Ord. of 7-20-2009, § 84)

All manufactured homes must be installed in accordance with ANSI A225.1. Manufactured homes are prohibited for use as storage buildings.

(Ord. of 7-20-2009, § 85)