Development intensity standards are established to determine an appropriate carrying capacity for a designated land use for all general zoning districts and overlay zones. Except where special development standards or planned development standards for certain land uses apply in article VI, these standards shall apply to principally permitted uses within their appropriate zoning district.

(1)

Net density:

*Sewer required

Note: All lot sizes indicated above shall be comprised of developable land.

**See definition of "dwelling unit." For clarity, a duplex has two dwelling units, therefore; in the R-1 district, two acres would be required.

(2)

Minimum per unit heated floor area/square feet (residential uses only):

*Note: Manufactured homes located in R-3 manufactured/mobile home parks are not regulated by size.

(Ord. of 3-23-99, Art. V, § 1; Mo. of 5-18-99)

Basic dimensional standards are established to minimize the extent to which a development can impact neighboring properties. Several dimensional measures shall be applied in this section including impervious surface ratios (expressed as the percentage of a development site or lot which may contain impervious surfaces), and area requirements including restrictions of frontage, height, and a variety of setbacks. Basic dimensional standards are established for all general zoning districts and overlay zones. Except where natural resource development standards for certain land uses apply and, where special development standards or planned development standards for certain land uses apply in article VI and article VII respectively, these standards shall apply to both permitted uses and uses by special exception. All setback and frontage requirements shall be measured in feet from or along the applicable road right-of-way or property line, whichever is appropriate.

(1)

Maximum impervious surface ratios (multiply ratio by gross lot area to calculate the maximum lot area that may be covered by impervious surfaces):

(2)

Minimum road frontage*

*Footage width along a publicly maintained right-of-way.

Note: (flag lots) The planning commission may permit a reduction in minimum frontage to not less than 30 feet for flag lots fronting exclusively on a county road dead-end, or on a cul-de-sac in an interior residential subdivision. Flag lots shall otherwise be prohibited except in those two situations.

Note: Crossover easements prohibited. To conform to the minimum requirements for road frontage referenced above, crossover easements shall be prohibited. (Also see article VII, section 44-139(c))

(3)

Minimum side and rear setback (principal structure in feet):

(Buffers may supersede setbacks see section 44-87 of this article)

Note: A 15-foot fire separation is required between all structures.

(4)

Minimum side and rear setback (accessory structure in feet):

(Buffers may supersede setbacks see section 44-87 of this article)

*In these districts a five-foot side and rear setback is allowed for accessory structures under 400 square feet (cottage industries and home occupations excluded).

(5)

Minimum front setback from centerline of road (all structures in feet):

(6)

Moving permit requirements manufactured homes. Effective upon the date of adoption of this chapter it shall be a violation of this chapter for any person(s), corporation, or entity to move or cause to be moved any manufactured home or industrialized building into or within McDuffie County without first having obtained a manufactured home moving permit from the office of the McDuffie County Planning Commission. Prior to the issuance of a moving permit, the mover shall show evidence of compliance with the provisions of Title 48, Chapter 5, Article 10 of the O.C.G.A. The planning commission office shall upon the payment of the permit fee, as set by the board of commissioners, issue to the permittee a transport decal to be affixed at all times to the manufactured home while it is being transported.

(7)

Height requirements. No structure shall be constructed, reconstructed, or altered in any way that would cause it to exceed 35 feet in height as measured from the lowest ground elevation at the base of the structure to the tallest point of the structure. Exemptions and modifications to these requirements may be authorized by the development code administrator, planning commission, or the board of commissioners, however, exceptions shall only be made where, by reason of exceptional topographic condition or other extraordinary or exceptional conditions of a piece of property, the strict application of this requirement would result in practical difficulties to, or undue hardship on, the owner of the property, provided that relief may be granted without substantially impairing the intent and purpose of this chapter.

Exemptions:

a.

Churches and government buildings shall not be subject to the 35-foot height limit.

b.

The 35-foot height limit shall not apply to barns, silos, grain elevators, windmills, or other farm structures; belfries, cupolas, and domes; public monuments, water towers, antennas and transmission towers (including power line supports), chimneys, smokestacks, flag poles, masts, and aerials.

(Ord. of 3-23-99, Art. V, § 2; Mo. of 5-18-99)

(a)

Intent. The intent of this section is to set forth standards for the protection of important and sensitive natural resources in the unincorporated areas of McDuffie County for the purposes of maintaining the public health, safety, and general welfare, and to meet the goals, objectives and policies of the comprehensive plan. Protection and preservation of natural resources can provide unique public benefits for the community. These benefits include, but are not limited to: 1) the protection of sensitive habitats for fish, wildlife and endangered species; 2) prevention of nutrient exchange; 3) protection of surface water recharge areas; 4) protection of areas needed for scientific or educational research; 5) protection of public waters and recreational opportunities; and 6) promulgation of aesthetic enhancement and the protection of property values. These natural resource development standards have been established to feature requirements and/or incentives which are appropriate to providing the aforementioned public benefits, while at the same time reducing the overall negative impacts and public costs which may be imposed by manmade development. These natural resource development standards are applicable in all general zoning districts except where increased or different standards exists within this chapter, or where state or federal standards have jurisdiction or domain.

(b)

Usry Pond Watershed Overlay District requirements. The purpose of establishing special requirements for the Usry Pond Water Supply Watershed is to protect the drinking water supplies for those jurisdictions within McDuffie County that provide public potable water. These protections are necessary for the enhancement of public health, safety, and welfare, as well as to assure that surface sources of drinking water are of high quality, thereby requiring minimal treatment to satisfy all state and federal drinking water standards. This protection is evidenced by the adoption of the Usry Pond Watershed Protection Ordinance by the board of commissioners on February 4, 1998 which shall hereby be incorporated into this zoning ordinance by reference and is found in Appendix A.

(Ord. of 3-23-99, Art. V, § 3)

(a)

Intent. The purpose of establishing development standards for public services and infrastructure in all general zoning districts is to assure that such services and infrastructure are available, and that they provide adequate capacity to offer a level of service consistent with community goals and objectives.

(b)

Requirements for public water and sewer installation. Where public water and sewerage systems are available and reasonably accessible to a proposed development site, linkage to such systems is required. The following standards shall apply to subsequent types of development.

(1)

All developments. Any development that must access and/or install public water and sewerage systems (see subsection (b)(2) below) shall be properly connected to those systems according to the standards of the applicable water and sewer authority.

Capped/dry lines. If a public water system is to be provided by McDuffie County to an affected area by grant application or other means, the planning commission shall place a moratorium on any such developments in that area until such time as it has been confirmed that the grant or other funds have been approved or made available, and that the county will proceed with the utility installation. If approved but prior to actual installation by the county, the planning commission shall require the installation of capped or dry lines in the proposed development. If the grant application or other funds are denied or if the county does not proceed with the intended installation, the development shall be allowed to install on-site water and sewer disposal systems as required in article VI, section 44-109.

(2)

Residential developments. All new residential developments shall be connected to an existing public water system, and where available, a public sewer system if service is available within the following distances, and if the intervening topography does not make service infeasible:

*Where a tap-on and lateral line will access the utilities to the lot or residence. Extension of water main not applicable.

(3)

Commercial and public/institutional developments. All commercial and public/institutional developments within 1,000 feet to the existing public water or sewer system shall be connected.

(4)

Industrial developments. All heavy industrial developments must access water and sewer facilities. All light industrial developments over 3,000 square feet of gross floor area and located within one-half mile of existing public water and sewer shall be connected.

(5)

Planned or mixed use development. All planned unit developments or mixed use developments within one-half mile to existing public water or sewer system shall be connected, or appropriate on-site or community type service shall be provided. Residential subdivisions (planned developments) shall comply with subsection (b)(2) above.

(c)

Private systems prohibited. The installation of private water and sewer systems (serving more than one household) shall be prohibited.

(Ord. of 3-23-99, Art. V, § 4; Ord. No. 21-05, § 1(Exh. A), 10-19-21)

(a)

Intent. The purpose of parking and access requirements is to prevent parking problems and other traffic related nuisances, and to improve traffic circulation and safety for each zoning district. This subsection shall provide standards, requirements and incentives for adequate, safe, and convenient off-street parking and access only in all general zoning districts.

(b)

Requirements. The following requirements shall apply to off-street parking and access for both residential and nonresidential developments and shall be further distinguished by the number and size of spaces, relationship of the parking area to the building it serves, and parking lot design.

(1)

Parking space requirements. An adequate number of off-street parking shall be required in all developments to accommodate residents and/or visitors. Off-street parking shall be required for various land uses as follows. On-street or right-of-way parking is prohibited.

a.

Residential uses:

b.

All other uses:

1.

Transient dwellings:

2.

Health facilities:

3.

Public assembly:

4.

Businesses:

5.

Industries:

(2)

Parking lot design standards. Parking lots should be designed to adequately and economically service the facilities that they serve, while at the same time being conscious of the environmental impacts that poor design can cause. McDuffie County recognizes that the design of parking lots varies. However, the following standards are intended to balance the effectiveness of parking lot design with the community goals.

a.

Entrances and exits should be designed to provide adequate and effective circulation, and shall not impede the flow of traffic, or cause traffic congestion or traffic hazards.

b.

There should be sufficient maneuvering room for vehicles to enter and leave the lot and individual spaces without endangering themselves, vehicles traveling in the roadway system, or pedestrians.

c.

Parking bays or stalls shall be no less than 180 square feet. All parking bay designs and stall dimensions shall be approved by the development code administrator.

d.

Where it is determined that substantial traffic congestion or conflict would occur within or proximate to a proposed development access from collector or arterial streets to a parking lot may not be permitted unless an access drive is installed.

e.

Where large paved lots or parking areas are proposed, the requirements in article IV, section 44-72(7) may apply.

f.

The site plan shall provide for adequate drainage and shall minimize erosion.

(3)

Emergency vehicle access. The planning commission may require the applicant to designate separate special emergency vehicle access lanes in appropriation locations as is deemed necessary to provide for emergency vehicle access. Where required, emergency vehicle access lanes shall be located as close as possible to the main entrance of the principal structures of the property, shall be at least 15 feet in width, and shall be visibly designated for exclusive emergency use, either by painting, appropriate signage, or both.

(Ord. of 3-23-99, Art. V, § 5)

Within developments where open or common space is required or where such space is provided by an applicant, the following conditions shall apply:

(1)

Location of open space. Open space should be distributed evenly throughout the development so that all residents of the development have easy access to such areas.

(2)

"Open space" defined. At least 50 percent of all required common open space shall be developable land area. Common open space shall not include public or private streets, driveways, private yards, or patios, parking areas, or utility easements where the land cannot be used appropriately for active or passive recreation.

(3)

Management agreement for control and maintenance of common areas. No lot or structure in a development containing common or shared open space shall be sold until a corporation, association, property owner's group or similar entity has been formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development or in the tract which is a part of the entire development to meet the expense of such entity, and with authority to control, and the duty to regularly maintain all of said mutually available features of the development or tract portion thereof. In addition, the homeowner's association bylaws or rules shall contain provisions authorizing the local government to maintain said open space at the association's expense and upon 15 days advance written notice, if the association has not properly maintained any or all open space entrusted to it. Such entity shall operate under recorded conditions, covenants and restrictions which may include compulsory memberships of all owners of lots and/or dwelling units, and flexibility of assessments to meet the changing costs of maintenance, repairs, and services. The developer shall submit evidence of compliance with the requirement to the planning commission. This condition shall not apply to land dedicated to the county for public purposes.

(Ord. of 3-23-99, Art. V, § 6)

Every development with the exception of single-family residential shall provide sufficient buffering if existing barriers do not provide reasonable screening. Buffers may be imposed by the board of commissioners. Buffers may also be required for any development by the development code administrator, or planning commission (board) when it has been determined that there is a need: (1) to shield neighboring properties from any adverse external effects of a proposed development, or (2) to shield the proposed development from negative impacts of neighboring uses, such as streets or railroads. Buffers between land uses shall be measured from side and rear property lines, excluding any driveways or internal streets. All buffers shall comply with the following criteria:

(1)

Buffers shall be designed to provide yearround visual screen in order to minimize adverse visual and noise impacts. Acceptable buffers may include earth berms, natural vegetation, wooden or stone fences, or any combination of the aforementioned screening materials. The erection of structures within designated buffer strips shall be prohibited, except for signs, lighting, and utility lines as provided below.

(2)

When any proposed commercial or industrial development abuts an existing or planned residential use; or where proposed commercial or industrial development abut lands used for commercial farming; a vegetated buffer strip of at least 100 feet wide shall be provided along the length of the property line which abuts the farm lands or residential areas.

(3)

Where any other use, excluding residential development, is proposed on land adjacent to land used for commercial farming, a vegetated buffer strip of at least 75 feet wide shall be provided by the proposed development along the length of the property line which abuts the farm lands.

(4)

Where more intensive or concentrated land uses abut less intensive land uses, except as provided above, a buffer strip of at least 50 feet wide shall be provided by the proposed development along the length of the common property line.

(5)

Where a proposed development abuts a street which, according to its functional classification, is designated as a collector, a landscaped buffer strip at least 15 feet wide shall be provided along the property line abutting the road; when designated as an arterial, a landscaped buffer strip at least 20 feet wide shall be provided along the property line abutting the road. Where entrances to the development cross a required road buffer, a single nonilluminated sign may be permitted by the planning commission or board of adjustment. With the exception of visual screens, utility lines, and streetlights (where alternative siting is not possible), no other construction within street buffers may be permitted.

(6)

Where wooden, brick, or stone fencing is used as a visual screen within a buffer, the height of the wall shall not exceed six feet. In addition, natural vegetation, such as flowers, hedges, or dwarf evergreen trees shall be included at regular intervals to soften the appearance of the fence.

(7)

Earth berms shall not exceed five feet in height. Where additional visual screening is desired or required, shrubs or dwarf evergreen trees may be added to the top of the berm. The maximum side slope on the earth berm shall not exceed 50 percent. In addition all slopes on the berm shall be vegetated with turf grass and maintained to prevent erosion.

(8)

Buffer areas shall be maintained and kept free of all debris, rubbish, weeds, and tall grass. Natural plantings shall also be maintained, and all dead or dying plants or trees shall be replaced no later than the beginning of the following planting season.

(9)

Property uses within the Usry Pond Watershed shall comply with the buffer provision of the watershed ordinance (see Appendix A).

(Ord. of 3-23-99, Art. V, § 7)

Within the zoning districts established by this chapter or amendments, there exist lots, structures, uses of land and structures, and characteristics of use which were lawfully created, established, or constructed before this chapter was adopted or amended, but which would be prohibited, regulated, or restricted under the terms of this chapter or further amendments. It is the intent of this chapter to permit these nonconformities to continue until they are removed or cease to be used for a period of one year at which time it must come into conformity with the provisions of this chapter.

(1)

Incompatibility of nonconforming uses. Nonconforming uses are declared by this chapter to be incompatible with permitted uses in the zoning districts in which such use is located. A nonconforming structure or use may not be extended or enlarged after the passage of this chapter.

(2)

Avoidance of undue hardship. To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any development or building upon which actual construction was lawfully initiated prior to the effective date of adoption or amendment of this chapter.

(3)

Nonconforming lot of record. A single lot of record which does not meet either the development intensity or basic dimensional requirements of the zoning district at the effective date of adoption or amendments of this chapter may be used or sold for the erection of those buildings and accessory buildings necessary to carry out the permitted uses in that district provided:

a.

The lot(s) or parcel(s) are platted and recorded in the office of the clerk of superior court of McDuffie County prior to the date of adoption of this chapter.

b.

Development intensity and basic dimensional requirements of the lot shall conform to the applicable standards for the zoning district(s) in which such lot is located.

c.

Variance for development intensity and basic dimensional requirements shall be obtained only through action of the board of commission as authorized in article IX.

d.

Setback and/or buffer requirements of principle and accessory buildings an uses are met as provided for in each district.

e.

Parking space requirements for all zoning districts are met.

(4)

Nonconforming uses of structures, land, or structures and land in combination. If a lawful use involving individual structures, land, or structures and land in combination exists at the effective date of adoption or amendment of this chapter that would not be allowed in the zoning district under the terms of this chapter, the lawful use may be continued provided:

a.

When a nonconforming use of a structure, land, or structure and land in combination is discontinued (vacant, "closed down," etc.) or abandoned for more than one year regardless of intent, the structure, land, or structure and land in combination shall not hereafter be used except in conformity with the requirements or standards of the zoning district in which it is located.

b.

Nonconforming structures or portions of structures which are destroyed by any means to the extent of more than 50 percent of its current replacement value, it shall not be reconstructed except in conformity with the provisions of this chapter.

c.

Repairs and maintenance. On any nonconforming structure or portion of a structure containing a nonconforming use, work may be performed for ordinary repairs including remodeling, or repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, provided that the physical size of the original structure shall not be increased. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

d.

Should such nonconforming structure(s) be voluntarily moved for any reason for any distance whatever, it shall thereafter conform to the requirements or standards for the zoning district in which it is located after it is moved.

(5)

Nonconforming uses plans submitted. Any development plans submitted to the planning commission prior to the passage of this chapter shall be considered to be grandfathered or preexisting for a period of six months from the date of adoption of this chapter. For a development to be eligible for this exemption, actual construction must begin within the six month period and shall not lapse or be discontinued for a period of greater than 60 days until the development is completed. Should the developer fail to begin the development within the six month exemption period, the development shall conform to the requirements of this chapter.

(Ord. of 3-23-99, Art. V, § 8)