71.1.

Intent of district. Property used primarily for the cultivation of crops, dairying or the raising of livestock, or a vacant property zoned for such purpose. This district also includes rural residential and selected commercial uses.

71.2.

Dimensional standards. The minimum lot size in an A district shall be three (3) acres and the minimum lot width shall be one hundred fifty (150) feet at the building site. The setbacks from the main structure are seventy-five (75) feet from the front and rear property lines and twenty (20) feet from the side property lines. If it is a corner lot, the side setback facing the street is also seventy-five (75) feet.

71.3.

Permitted uses. The following uses are permitted within an A district:

a.

Agriculture, forestry, livestock and poultry production.

b.

Accessory dwelling unit subject to the conditions and requirements contained in Section 83.

c.

Accessory buildings and uses incidental to the operation of the farm, including private garages, sheds, barns or other storage structures provided said structures are located on the same lot or farm and are not used for conducting a business or service inconsistent with A allowed practice.

d.

Agricultural products, the sale of agricultural products grown or processed on the premises (except for the slaughter and processing of meat animals), provided that adequate pull off lanes and parking are provided at the site, and the use does not adversely affect existing or future adjacent residential uses or seriously impede traffic in the area.

e.

Agriculturally oriented business, including but not limited to, the sale and repair of farm implements, feed and seed wholesale and retail stores and warehouses and feed and seed storage bins.

f.

Churches and other places of worship, with attendant educational and recreational buildings.

g.

Class A manufactured homes subject to the conditions and requirements contained in section 81.

h.

Day care home.

i.

Dwelling, single-family.

j.

Dwelling, Caretaker (single family or two family) for farm workers when located on the same lot or tract of land as the principal residence, on the basis of one residential structure per 5 acres in addition to the minimum lot area requirement for the principal residence, and subject to all the minimum space requirements of the A District.

k.

Dwelling, two family provided that only one two family dwelling shall be allowed on each lot or parcel.

l.

Garage or yard sales.

m.

Home occupations subject to the conditions and requirements contained in section 85.

- Permitted home occupations:

•

Architectural services

•

Art studio

•

Consulting services

•

Direct sale product distribution (Amway, Avon, Mary Kay, Tupperware etc.) provided there is no production on premises.

•

Drafting and graphic services

•

Dressmaking, sewing, tailoring, contract sewing

•

Engineering office

•

Home office

•

Interior design office

•

Real estate appraiser office

•

Writing, resume services, computer programming

•

Any business that is conducted solely on the Internet

•

Photography studio (no more than one client at a time for onsite models)

•

Catering and food preparation

n.

Industrialized building qualifying as dwelling, single-family detached.

o.

Plant nurseries.

p.

Pool house/mother-in-law suites are permitted. Must be 1,000 square feet or less of heated space, located in either behind or on the side of the main building, and must not be subdivided subject to the conditions and requirements contained in section 83.

q.

Poultry production. Poultry production after December 2, 1997, shall be restricted and limited, as follows:

i.

A poultry house is defined as a structure for the production of poultry, which is in excess of one hundred (100) square feet and utilized for commercial poultry production.

ii.

Each poultry house must be set back a minimum of two hundred (200) feet from the owner's or producer's property lines, and must be located at a minimum of one thousand (1,000) feet from the nearest residence, excluding the residence of the producer or owner. A residence is defined as a permanent dwelling, excluding temporary residences, such as campers or tents.

iii.

A minimum of twenty (20) contiguous acres of land is required for the location of any poultry house and no more than two (2) poultry houses may be located on twenty (20) acres of land. For each additional poultry house above two (2), an additional five (5) acres shall be required.

iv.

A buffer zone of trees at least one hundred (100) feet wide located on the owner's or producer's property must surround the poultry houses, and the buffer of trees must contain at least two hundred (200) trees per acre.

r.

Private clubs, lodges, and fraternal orders.

s.

Produce markets and farmers' markets.

t.

Public and private schools, colleges, libraries, business, or trade schools.

u.

Public utility structures and buildings.

v.

Residential childcare facilities.

w.

Temporary stands for sale of agricultural product subject to the conditions and requirements contained in section 84.

x.

Pools subject to the conditions and requirements contained in section 84.

y.

Tennis courts subject to the conditions and requirements contained in section 84.

71.4.

Conditional uses. The following uses may be allowed as conditional uses in an A district:

a.

Airplane landing fields and helicopter ports, with accessory facilities, with a minimum of a 25-foot evergreen buffer.

b.

Automobile repair garage with a minimum of a 25-foot evergreen buffer subject to the conditions and requirements contained in section 86.

c.

Automobile service stations and sales of motor fuels in connection with another use subject to the conditions and requirements contained in section 86.

d.

Bed and breakfast.

e.

Barber and beauty shops provided however, that beauty shops with only one "stall" shall be a permitted use.

f.

Campgrounds.

g.

Convenience stores.

h.

Cemetery, private.

i.

Cemetery, public.

j.

Mausoleums.

k.

Dressmaking and tailoring shops.

l.

Dry cleaners.

m.

Farm and garden supply stores.

n.

Grocery, fruit and vegetable stores, meat markets, delicatessens, and catering stores.

o.

Hardware stores of three thousand (3,000) square foot or less.

p.

Home businesses, pursuant to the provisions of section 85 of this resolution.

q.

Laundry and dry cleaning pickup stations and laundromats.

r.

Locksmith or firearm repair shops.

s.

Medical clinics.

t.

Personal care, convalescent, and nursing homes.

u.

Playschools and day care centers.

v.

Professional offices not listed as permitted uses above.

w.

Public or private owned and operated golf, swimming, tennis, or country clubs, community clubs or associations, fishing or hunting clubs, athletic fields, parks, and other similar recreation areas, with the exception of commercial outdoor recreational facilities as defined in this appendix.

x.

Restaurants, cafeterias, grills, and lunch counters having a size of less than six thousand (6,000) square feet, but not including nightclubs, bars, taverns, and establishments with "drive-thru" service.

y.

Rooming houses.

z.

Special event: a customary meeting or gathering for personal social engagements or activities, where people assemble for parties, weddings, wedding receptions, reunions, birthday celebrations, other business purposes, or similar such uses for profit, in which food and beverages may be served to guests. This event shall be held for no more than six hours.

aa.

Slaughter houses.

bb.

Telecommunications tower provided the location of the tower is not closer than three hundred (300) feet to any property line. See section 87 of this appendix for regulations.

cc.

Veterinary hospitals, clinics, or kennels, provided that any structure used for such purposes be a minimum of one hundred (100) feet from any residential district.

dd.

Any other business that is similar in nature at the discretion of the zoning officer.

ee.

Distilleries, wineries or breweries with tasting rooms.

ff.

Non-domesticated animals (e.g. exotic animals).

gg.

Solar energy farms.

72.1.

Intent of district. This district is established to encourage the orderly development of and protect predominately residential areas, to protect against traffic congestion and hazards resulting from "strip" development adjoining roads passing through the county, and to ensure that such development as occurs in these areas is compatible with the predominately residential character of this district.

72.2.

Dimensional standards. The minimum lot size and minimum lot area per dwelling unit in an R district shall be one (1) acre, and the minimum lot width shall be one hundred fifty (150) feet at building site. The principal structure must be set back fifty (50) feet from any street or rear lot line and twenty (20) feet from any side lot line.

72.3.

Permitted uses. The following uses are permitted within an R district:

a.

Dwellings, single-family.

b.

Class A manufactured homes subject to the conditions and requirements contained in section 81.

c.

Home occupations (as defined in 71.3) with no supplies or materials kept outside of the main dwelling subject to the conditions and requirements contained in section 85.

d.

Day care homes.

e.

Garage or yard sales.

f.

Personal greenhouse or vegetable garden subject to the conditions and requirements contained in section 84.

g.

Accessory dwelling unit - Pool house/mother-in-law suites are permitted. Must be 1,000 square feet or less, located in either behind or on the side of the main building, and must not be subdivided subject to the conditions and requirements contained in section 83.

h.

Swimming pools and tennis courts.

i.

Horses (large livestock) are permitted on lots of five (5) acres or more. Horse barns must be set back from property lines at least one hundred (100) feet.

72.4.

Conditional uses. The following uses may be allowed as conditional uses in an R district:

a.

Churches and other places of worship, with attendant educational and recreational buildings and associated cemeteries and mausoleums, provided such accessory uses shall be placed not closer than fifty (50) feet from any property line.

b.

Playschools and day care centers.

c.

Class C mobile homes subject to the conditions and requirements contained in See section 81.

d.

Public and private schools, colleges, and libraries, excluding business or trade schools.

e.

Public utility structures and buildings, not including radio and television transmission stations and electric generating plants, provided the installation is properly screened from surrounding uses. No office shall be permitted, and no equipment shall be stored on the site.

f.

Publicly or privately owned and operated golf, swimming, tennis, or country clubs, community clubs or associations, athletic fields, parks, and other similar recreational areas, with the exception of commercial outdoor recreational facilities as defined in this appendix, provided that no building for such proposed use is located within one hundred (100) feet of any property line.

g.

Other public buildings and uses.

h.

Temporary uses, including sale of Christmas trees, carnivals, bazaars, and the sale of seasonal fruits or vegetables from roadside stand subject to the conditions and requirements contained in Section 84.

i.

Family personal care homes.

j.

Home businesses.

k.

One (1) two-family dwelling per lot or parcel.

l.

Stadiums.

m.

Any other similar uses as determined by the zoning officer.

n.

Raising and keeping livestock for non-commercial purposes

•

The raising and keeping of livestock for non-commercial purposes shall be allowed in all residential districts, but limited to one animal per acre except as otherwise allowed herein.

•

Animals must be kept under sanitary conditions and shall not be a public nuisance.

73.1

Intent of district. This district is established to provide for retail business and other commercial uses.

Dimensional standards. If a public water supply is not used, the minimum lot size in a C district shall be one (1) acre, and the minimum lot width shall be one hundred fifty (150) feet. If a public water supply is used, the minimum lot size in a C district shall be one-half acre and the minimum lot width shall be one hundred (100) feet. All buildings must be set back twenty-five (25) feet from any road and seventy-five (75) feet from any property line in a residential or agricultural/rural district with either an evergreen buffer or an approved screening fence. Plans for parking and a traffic study are required before permit is issued. The size of buildings or structures of permitted uses in a C district shall not exceed 25,000.00 square feet. If the size of buildings or structures for a permitted use exceeds 25,000.00 square feet, then said use becomes a conditional use.

73.2

Permitted uses. In order to qualify as a permitted use, all of the property lines on the lot proposed for the use (or property lines of the lot that is being considered for commercial zoning) must be at least 300 feet from the nearest residential property line. If said property lines are not at least 300 feet from the nearest residential property, then all uses shall require conditional use approval on said lot.

The following uses are permitted within a C district subject to the above limitation:

a.

Any permanent retail or commercial use in which there is no processing or treatment of materials, goods, or products not otherwise specified in this resolution.

b.

Any permanent retail or commercial use that engages in the onsite processing of food items for sales and consumption, with the exception of slaughter houses as defined in this resolution and not otherwise specified in this resolution.

c.

Apparel stores (individual).

d.

Appliance stores, including those that provide repair services and including radio and television service.

e.

Arts and crafts stores.

f.

Automobile and truck rental.

g.

Automotive part and supply stores.

h.

Bakeries.

i.

Barber and beauty shop.

j.

Bicycle or motorcycle store.

k.

Book, stationary and card shop.

l.

Bottling works for soft drinks.

m.

Bowling alleys.

n.

Business and trade schools.

o.

Building and lumber supply establishments provided the entire storage are is properly screened.

p.

Cafes, grills, and lunch counters.

q.

Camera or photographic supply store.

r.

Catering establishments.

s.

Churches and other places of worship, with attendant education and recreational buildings.

t.

Clothing, shoe, dry goods or gift store.

u.

Computer sales and services.

v.

Commercial parking garage or lot.

w.

Commercial parking garage or lot provided no entrance or exit is on the same block as a school, and curb breaks are limited to two (2) for each one hundred (100) feet of street frontage, each not to exceed thirty (30) feet in a width and at least fifty (50) feet separation and not located closer than fifty (50) feet to a street intersection.

x.

Community center or club.

y.

Convenience store without fueling stations.

z.

Confectionery store.

aa.

Daycare center.

bb.

Daycare home.

cc.

Distilleries, wineries and breweries.

dd.

Dressmaking and tailoring shops.

ee.

Drug store.

ff.

Dry cleaning and commercial laundry establishments.

gg.

Electrical, heating, and plumbing supply stores.

hh.

Fabric store.

ii.

Farm and garden stores.

jj.

Farm equipment sales.

kk.

Financial institution.

ll.

Florist, nursery and gift shop.

mm.

Frame shop.

nn.

Funeral homes and mortuaries.

oo.

Furniture and home furnishing stores including office furniture and equipment.

pp.

Garage or yard sales.

qq.

Grocery, fruit, vegetable, meat market, delicatessen, catering and supermarkets.

rr.

Hardware store.

ss.

Health club.

tt.

Home repair supply stores.

uu.

Indoor recreational or amusement facilities, including gymnasiums and health clubs, bowling alleys, billiard halls, and amusement arcades, with the exception of a concentrated outdoor commercial recreation facility as defined in this resolution.

vv.

Indoor theaters, auditoriums, and assembly halls.

ww.

Jewelry, shoe, and appliance repair shops.

xx.

Jewelry store.

yy.

Lawn and garden shop.

zz.

Locksmith or firearm repair shop.

aaa.

Mausoleums.

bbb.

Milk bottling and distribution and ice cream manufacturing.

ccc.

Miscellaneous repair services.

ddd.

Office supply stores.

eee.

Medical clinic.

fff.

News and tobacco center.

ggg.

Nurseries, for the production and sale of plants and their related products.

hhh.

Nursing homes.

iii.

Paint store.

jjj.

Plant nurseries.

kkk.

Photographic studios.

lll.

Print or copy shops.

mmm.

Private clubs, lodges and fraternal orders.

nnn.

Professional and business offices.

ooo.

Public and private schools, colleges, libraries, business, or trade schools.

ppp.

Public utility structures and buildings, which may contain offices and storage facilities, but not including electric generating plants, providing the installation is properly screened as required by this resolution.

qqq.

Radio and television broadcasting studios.

rrr.

Rental services establishments.

sss.

Rental sales establishments.

ttt.

Restaurants and delicatessens, including those with "drive-thru" facilities.

uuu.

Restaurants that serve liquor, as long as fifty (50) percent of sales are from food.

vvv.

Self-service laundry.

www.

Self-storage warehouses/facilities.

xxx.

Service occupation.

yyy.

Shopping centers with uses as otherwise permitted in the commercial district and a total leasable floor area of less than twenty-five thousand (25,000) square feet.

zzz.

Sporting goods store.

aaaa.

Telephone offices and communications centers.

bbbb.

Temporary uses, including sale of Christmas trees, carnivals, bazaars, and tent revivals subject to the requirements and conditions contained in section 84.

cccc.

The sale of seasonal fruits or vegetables from roadside stands subject to the requirements and conditions contained in section 84.

dddd.

Travel agency.

eeee.

Tow truck and wrecker services.

ffff.

Veterinary hospitals, clinics, or kennels provided that any structure used for such purposes be a minimum of 100 feet from any residential district.

73.3.

Conditional uses. The following uses may be allowed as conditional uses in a C district:

a.

Airport.

b.

Uses similar in character to those allowed as permitted uses in a C district.

c.

Any establishment that sells or services the following: Automobiles, boats, recreational vehicles, farm equipment and implements, or manufactured homes.

d.

Ambulance service.

e.

Amusement parks.

f.

Auction houses.

g.

Bus and railroad terminal facilities.

h.

Car washes.

i.

Cemetery, public.

j.

Crematories.

k.

Commercial uses that are not addressed above as permitted uses.

l.

Congregated personal care home.

m.

Convalescent or nursing homes.

n.

Convenience stores with fueling stations.

o.

Food locker plants.

p.

Halfway houses, drug rehabilitation establishments and other similar uses. (The notice period for this type of rezoning is at least six (6) months but no more than nine (9) months with the notice being published in the legal organ of the county but not in the classified section (O.C.G.A. § 36-66-4).

q.

Hospitals and sanitariums.

r.

Light assembly and fabrication. No activity, which produces effluent, odor, fumes, or dust, which can be detected beyond the walls of the building, is permitted.

s.

Manufactured homes sales lot.

t.

Manufacturing, wholesaling, repairing, compounding, assembly, processing, preparation, packages of treatment articles, foods, (smoking, curing and canning), components, products, clothing, machines and appliances and the like, where character of operations, emissions and by-products do not create adverse effects beyond the boundaries of the property.

u.

Miniature golf course.

v.

Minor and major utility facilities.

w.

Motels, hotels, and B&Bs.

x.

Organized motorized vehicle racing and/or riding subject to the requirements and conditions contained in section 53.

y.

Nightclubs that sell beer and wine only, not liquor.

z.

Outdoor advertising signs.

aa.

Outdoor entertainment facilities, including stadiums, theaters, drive-in theaters, and concert facilities.

bb.

Produce and farmers markets.

cc.

Second floor may be used as a residential dwelling unit provided it is served by a private entrance.

dd.

Shopping centers with uses as otherwise permitted in the commercial district and a total leasable floor area of more than twenty-five thousand (25,000) square feet.

ee.

Solar energy farm.

ff.

Telecommunications towers.

gg.

Trucking and motor freight companies.

hh.

Truck stops.

ii.

Veterinary hospitals and animal shelters, provided adequate opaque screening by a wall or fence at least six (6) feet high is provided for areas where horses, dogs and other animals are not kept in cages or stalls.

jj.

Warehousing.

kk.

Wholesale outlets.

74.1

Intent of district. This district is established to provide for wholesale, industrial, and manufacturing uses.

74.2

Dimensional standards. The minimum lot size in an I district shall be one (1) acre, and the minimum lot width shall be one hundred fifty (150) feet at the building site. Any building must be set back seventy-five (75) feet from any street and from any other zoning district.

74.3

Permitted uses. The following uses are permitted in an I district:

a.

Crematories.

b.

Wholesale and storage warehouses and distribution centers.

c.

Agriculture, forestry, livestock, and poultry processing, provided that the operation is conducted on a tract of land not less than ten (10) acres of land in area, and that no structure containing poultry or swine and no storage of manure or odor- or dust-producing substance or use shall be located within one hundred (100) feet of a property line. This includes slaughterhouses.

d.

Class A manufactured homes or other single-family dwellings for the exclusive use of a watchman or caretaker.

e.

Auto auctions.

f.

Retail uses selling products manufactured on the premises.

g.

Accessory buildings or uses.

h.

Unless otherwise stated within this resolution, any use that is permitted in the C and C-1 districts.

74.4

Conditional uses. The following uses may be allowed as conditional uses in an I district:

a.

Airport.

b.

Borrow pit.

c.

Junk yard.

d.

Salvage yard.

e.

Construction and demolition landfill.

f.

Inert waste landfill.

g.

Organized motorized vehicle racing and/or riding subject to the requirements and conditions contained in section 53.

h.

Churches and other places of worship and attendant educational and recreational buildings.

i.

The manufacturing, processing, fabrication, repair, and servicing of any commodity or product subject to the following conditions:

i.

Any such use as determined by the zoning enforcement officer that may be obnoxious or offensive by reason of the emission of odors, dust, smoke, gas, noise, or vibration shall be referred to the environmental protection division of the state department of natural resources; and

ii.

Prior to the issuance of a preliminary or final certificate of zoning compliance, the applicant shall provide the zoning enforcement officer with written approval of the nature, plans, and specifications of the said use from the environmental protection division of the state department of natural resources; and

iii.

All other requirements within the district in which these industrial activities can be located shall be met.

j.

Outside above ground storage tanks greater than five hundred (500) gallons for gasoline, liquefied petroleum gas, oil or other inflammable liquids or gases, provided that facilities used for storage of inflammable liquids or gases are located not less than five hundred (500) feet from any other zoning district.

k.

Junkyards and automobile wrecking yards, not facing a state or federal highway provided that they shall be completely screened from the road and all property lines.

l.

Other public buildings or uses.

m.

Sanitary landfills, provided that they are located on a parcel of land no less than five hundred (500) acres in size.

n.

Development of natural resources, including the removal of minerals and natural materials.

o.

Any use which is prohibited under the O.C.G.A. ch. 8 (waste management), tit. 12 (conservation and natural resources), without the user obtaining a permit from the director of the environmental protection division of the state department of natural resources. The above reference to chapter 8, title 12 of the Official Code of Georgia refers to said code provisions as are currently in force at the time of the adoption of this amendment to the zoning resolution for the unincorporated area of the county.

p.

Adult entertainment establishments subject to the provisions of section 88.

75.1

Statement of purpose. This section regulates mobile home parks, manufactured home parks, and recreational vehicle and travel trailer parks and campgrounds, which provide for affordable permanent and temporary housing or recreational developments. Manufactured home parks are intended to provide for the leasing of spaces or campsites for recreational vehicles and manufactured homes, within a planned residential community, park, or campground. A manufactured home park is different from a residential subdivision in that the individual spaces for manufactured homes, campsites or recreational vehicles are leased rather than platted and sold. By requiring less land per home or vehicle space, manufactured home parks are built at densities greater than those for other detached dwellings. Service facilities such as laundry and leasing office are often planned and provided as part of the park development. The terms manufactured home and/or mobile home parks include campgrounds within this section 75.

75.2

Site plan review and land use permit required. No manufactured home park shall be developed until and unless the zoning administrator and county engineer have approved a site plan and the zoning administrator has issued a certificate of zoning compliance. The zoning administrator shall not issue a land use permit for a manufactured home park unless it is in conformity with all the provisions of this resolution.

75.3

Procedure for site plan approval. Prior to the subdivision of land, cutting or grading of any street or the making of any street improvements, or the installation of utilities, the developer shall submit to the zoning administrator a site plan of the proposed manufactured home park in accordance with the following procedures:

1.

If the property being developed does not abut any part of the state highway system, the developer shall submit to the zoning administrator the site plan, along with all applicable fees and copies according to the fee schedule as adopted by the county and other documents. The board of commissioners shall act on the site plan at a regular meeting of the board of commissioners no less than five (5) calendar days and no more than sixty (60) calendar days from the date of receipt of a complete site plan by the zoning administrator. A site plan must be submitted to the zoning administrator by noon on the Thursday immediately preceding a Tuesday county commissioners meeting.

2.

If the property being developed includes or abuts any part of the State highway system, the developer shall submit to the zoning administrator a site plan, along with all applicable fees and copies according to the fee schedule as adopted by the county and other documents. The zoning administrator shall forward three (3) copies of the site plan and other documents to the state department of transportation. The board of commissioners shall act on the site plan at a regular meeting of the board of commissioners no less than five (5) calendar days and no more than sixty (60) calendar days from the date of receipt of a complete site plan by the zoning administrator or at the next regular meeting of the board of commissioners no less than five (5) calendar days from date of receipt of the decision of the state department of transportation by the zoning administrator, whichever is later. Site plans for the development of property abutting the state highway system that do not include all necessary requirements shall not be considered complete. Approval of a site plan does not relieve the developer of the requirements to obtain a commercial driveway permit from the state department of transportation.

3.

State department of transportation recommendations. The zoning administrator shall submit three (3) copies of the site plan to the state department of transportation if the proposed development includes or abuts on any part of the state highway system. The department of transportation, within thirty (30) days of receipt of the plan, shall recommend approval or disapproval and note its recommendation on the copy to be returned to the zoning administrator. Failure of the department of transportation to act within this 30-day period shall constitute approval. If the plan is recommended for disapproval, the reasons for disapproval and requirements for approval shall be given to the zoning administrator in writing; but such recommendations shall be advisory only and shall not be binding on the board of commissioners. Approval of a site plan does not relieve the developer of the requirement to obtain a commercial driveway permit from the state department of transportation.

4.

Following the hearing of the site plan and other related material, the board of commissioners may express preliminary approval noting the conditions of such approval on four (4) copies of the site plan with one (1) copy being returned to the developer, one (1) copy to the county health department, one (1) copy to the zoning administrator, and one (1) copy to be added to the records of the board of commissioners.

5.

Approval shall expire and be of no further effect twelve (12) months from the date of the approval unless the time is extended by the board of commissioners.

6.

Notice of hearing. Notice of the time and place of hearing shall be sent to the address of the developer not less than five (5) days before the date fixed therefore. It shall be the responsibility of the zoning officer to send said notice. The hearing referred to in this section shall be noticed, conducted, and decided according to rules and standard contained in sections 101, 102, 103, 104 and 105.

7.

Review of preliminary plat. The zoning administrator shall check the site plan for conformance to the rules and regulations of these regulations and report his or her findings and recommendations to the board of commissioners, which shall afford a hearing on the site plan.

8.

Following the hearing of the site plan and other related material, the board of commissioners may find reasons detrimental to the public safety, health, and general welfare, or in conflict with adopted plans of the board of commissioners which required the disapproval of the site plan. A statement of the reasons for disapproval shall be made on two (2) copies of the site plan with one (1) copy being returned to the developer and one (1) copy being added to the records of the board of commissioners. The applicant may reapply for site plan approval, after any recommended changes have been made, in the same manner that the original site plan was submitted.

9.

Failure of the board of commissioners to act on the site plan within the timeframe specified, without due cause, shall be deemed to be approval of the site plan, and a certificate of approval shall be issued by the board of commissioners on demand provided, however, that the developer may waive this requirement and consent to an extension of time.

75.4.

Site conditions and planning. Manufactured home parks shall be sited on land that is not subject to hazards such as flooding, erosion, land subsidence, and areas with possible insect or rodent infestation. The condition of the soil, ground water level, drainage, rock formations, and topography shall be appropriate for the use to ensure that no hazards to the property or to the health and safety of the occupants occurs.

Planning for the manufactured home park shall be adapted to individual site conditions and the type of use or uses served, reflect advances in site planning techniques, and be adapted to the trends in the design of the manufactured home or recreational vehicle itself. Site planning and improvements shall: provide for facilities and amenities appropriate to the needs of the occupants; safe, comfortable, and sanitary use by the occupants under all weather conditions; and practical and efficient operation and maintenance of all facilities at reasonable costs. The street and block pattern for the park shall be designed to attain proper sizes and shapes of manufactured home spaces so as to provide desirable areas and to reduce excessive length of street construction without impairing convenient circulation and access.

75.5.

General requirements.

1.

All manufactured home parks shall meet the following general requirements:

a.

Manufactured home parks shall consist of a minimum of twenty-five (25) contiguous acres.

b.

Developers proposing to develop a manufactured home park shall file a site plan, as stated in section

2.

75.2 of this resolution, drawn approximately to scale showing the following features in compliance with the minimum requirements stated herein:

•

Site location on a county map.

•

Parcel identification (owner(s), boundaries, and owners of adjoining properties).

•

Identification of adjoining land uses.

•

Setback from roadway centerlines.

•

Type of fencing/buffer.

•

The location of at least two (2) entrances/exits.

•

Interior street layout and street widths.

•

Placement of accessory uses.

•

Placement of manufactured homes.

•

Any additional information requested by the zoning administrator.

3.

No construction or improvements shall commence on any land proposed for development as a manufactured home park prior to all the conditions of section 75.2 of this resolution being satisfied.

4.

Approval of the site plan is good for six (6) months. If after six (6) months significant physical development has not been initiated on the site, approval shall be null and void. If the manufactured home park has not received a certificate of occupancy within twelve (12) months of approval, approval shall be null and void.

i.

Previously existing manufactured home parks.

1.

Conformity. All manufactured home parks existing on the effective date of this resolution are hereby declared to be nonconforming, and shall be allowed to continue to exist and operate. However, such manufactured home parks shall at all times conform to applicable minimum health and safety codes.

2.

Expansion of existing manufactured home parks. A developer proposing to expand an existing manufactured housing park to include more home sites than are accommodated within such park at the time this resolution becomes effective, shall submit plans and specifications for such improvements to the zoning administrator for approval prior to initiating construction and improvements. Expansion, improvements, reconstruction, and/or redesign of existing parks shall conform to these regulations.

3.

Class A manufactured homes may be admitted to any park. Class C homes in a park on the effective date of this resolution may remain within that park.

4.

RVs, travel trailers, and campgrounds may be exempt from any of the requirements of this section at the discretion of the zoning administrator if such requirements are seen to be a hardship on the developer.

ii.

Design requirements. Manufactured home parks shall conform to the following requirements:

1.

Exterior setbacks. Manufactured home parks shall have privacy fencing or an approved vegetative buffer erected around the perimeter. Said fencing or buffer shall be at least six (6) feet high and shall be erected one hundred fifty (150) feet from, and parallel to, the centerline of all public roads adjoining the manufactured home park.

2.

Interior setbacks. Manufactured homes and all accessory structures shall be located at a minimum of twenty-five (25) feet from the park's perimeter fencing. Manufactured homes shall be located at least twenty (20) feet from interior streets. Manufactured home stands shall be designed so as to provide a distance of at least forty (40) feet between manufactured homes.

3.

Access. Manufactured home parks shall have frontage of at least two hundred (200) feet on a public road with a minimum lot width of at least two hundred (200) feet throughout the entire depth of the developed portion of the property. The manufactured home park shall also have at least two (2) access/exit points from adjoining public roads. If the manufactured home park abuts two (2) public roads, the access/exit point shall be from/to the public road with the lower traffic volume. The distance between these access/exit points as measured along the public roadway shall be in conformance with applicable state or county requirements, as appropriate. Every manufactured home site and assigned parking area shall have direct access to the internal street system, but shall not have direct access to any public road. The width and design of the access/exit drives shall be adequate to accommodate fire protection vehicles and equipment.

4.

Community services. As part of the site plan review process, the developer may propose and the county may approve one (1) or more other structures for manufactured home park occupants, such as laundries, storage, garages, and a park leasing or management office. Any structure that draws its trade from outside park boundaries is prohibited.

5.

Interior access roads, addresses, and signage. The road system within the manufactured home park shall be designed to meet the requirements of the county fire marshal and the traveling public to include the following:

a.

All interior roads shall be private but paved to county standards and constructed to provide access to all public safety equipment, especially fire apparatus.

b.

One-way interior roads shall be constructed with a minimum surface width of fourteen (14) feet, and shall be designated "no parking."

c.

Two-way interior roads shall be constructed with a minimum surface width of twenty-four (24) feet and shall be designated "no parking."

d.

Interior roads shall be clearly marked at each intersection with signs to identify traffic directions and space numbers served by the road.

e.

Driveways shall be provided on the site where necessary for convenient access to service entrances of buildings, to delivery and collection points for refuse and other material, and elsewhere as needed. Driveways must be placed on the your property line.

6.

Parking. A minimum of two (2) off-street parking spaces shall be assigned to each manufactured home stand. Two (2) additional parking spaces must be provided for every six (6) additional dwelling units to accommodate guests. The required front yard area may be used to satisfy the minimum parking requirement. Side and rear yards may not be utilized to satisfy the minimum parking requirements.

7.

Minimum number of spaces. A manufactured home park shall have a minimum often (10) spaces prepared with all required improvements in place before the park may be approved for occupancy.

8.

Density. A maximum of six (6) manufactured homes, with required spacing as specified herein, may be placed on any one (1) acre in a mobile home park.

9.

Length of occupancy. Neither a manufactured home nor manufactured home stand located in a manufactured home park shall be rented for a period of less than thirty (30) days.

10.

Decals. No manufactured home in a manufactured home park shall be occupied until the proper decal has been secured from and displayed in the manner prescribed by the county tax commissioner, and the appropriate HUD (Department of Housing and Urban Development) sticker is attached to the manufactured home.

75.6.

Requirements for manufactured home spaces.

Design. Each manufactured home space shall be designed and constructed at such elevation, distance, and angle with respect to its access to provide for safe and efficient placement and removal of manufactured homes or recreational vehicles, as the case may be. Each manufactured home space shall be designed with no more than a five (5) percent gradient and compacted with appropriate material to support maximum anticipated loads during all seasons.

Width, depth, and size of spaces and markings. Each manufactured home space shall be at least fifty (50) feet wide and seventy-five (75) feet in depth. The minimum area for a manufactured home space shall be six thousand (6,000) square feet. The corners of each manufactured home space shall be clearly marked on the ground by permanent flush stakes, markers, or by other similar means.

Stands. Each manufactured home space shall be provided with a concrete pad of sufficient size to accommodate the typical manufactured home to be located within that space, and the pad should be large enough to accommodate a patio of at least one hundred eighty (180) square feet and also provide for the anchoring of the home to secure it against movement; provided, however, that any individual stand shall be no less than fourteen (14) feet by sixty (60) feet (and spaces intended to serve double-wide homes shall be at least twenty-four (24) feet by sixty (60) feet.

Use of spaces. No more than one (1) manufactured home or recreational vehicle shall occupy any individual space. Accessory uses and structures on individual spaces may be permitted, subject to compliance with the development standards provided in this resolution.

Space identification numbers. Manufactured home space numbers at least six (6) inches in height shall identify each space and shall remain readily identifiable while in use.

Additions and accessory structures. Decks, porches, outdoor storage, or other exterior additions may be constructed or erected on a manufactured home space, subject to the approval of the manufactured home park management. No such accessory structure shall be located closer than five (5) feet to a manufactured home space boundary.

75.7.

Improvements. Manufactured home parks constructed, and expansions/enlargements made to existing manufactured home parks after the effective date of this resolution, shall be provided the following minimum improvements:

a.

Utilities. The manufactured home park owner shall provide a method of sanitary sewerage collection and treatment, and a potable water supply system approved by the county health department. All sanitary sewer, water, and where used, gas lines, shall be placed a minimum of eighteen (18) inches below the site's finished grade level. Electrical service lines, likewise, shall be placed underground. The water system shall be equipped with adequate valve systems to allow the cutoff of utility service to a manufactured home stand at the manufactured home stand and at the entrance of the utility service from the stand to the trunk line of the utility system.

b.

Easements. Publicly dedicated easements of proper size for their respective, intended purposes shall be provided within the park if individual manufactured home stands and accessory park uses are to be serviced by a public utility system.

c.

Lighting. All recreation areas, park entrance/exits, interior streets, and walkways shall be illuminated to provide at least three-tenths (0.3) foot-candles of lighting.

d.

Garbage and refuse. Each manufactured home park shall provide fenced and paved garbage and refuse collection pads at locations convenient to each manufactured home space that conform to all applicable county solid waste ordinances.

75.7.

Walkways.

a.

General requirements. All manufactured home parks shall be provided with convenient, pedestrian walkways of adequate width to provide for pedestrian safety. Walkways shall be durable and well maintained.

b.

Common walkway system. A common, paved, walkway system shall be provided and maintained between locations where pedestrian traffic is concentrated. Such common walks shall have a minimum width of three and one-half (3.5) feet.

c.

Individual walkways. All manufactured home stands shall be connected via individual walkways to common walkways, or to interior streets, or to driveways or parking spaces reserved for the manufactured home stand. Such individual walks shall have a minimum width of two (2) feet.

d.

Manufactured home stands. Each manufactured home stand shall be required to be provided with the following minimum accommodations:

e.

Interior street access. Each stand shall be provided with interior street frontage of at least twenty (20) feet.

f.

Electric power supply. Each stand shall be provided with a properly grounded, waterproofed, electrical receptacle. A properly sized over-current device shall be installed as part of each power outlet. Said fixtures shall meet the standards established by applicable county or state codes.

g.

Stand identification. A property and street number designation or other appropriate numbering device properly identifying each manufactured home stand shall be placed at the interior side lot line at a point ten (10) to fifteen (15) feet from the interior road system to the park. Such device shall be clearly visible from the street and shall be embossed with reflectorized glaze for the numbers. Such numbers shall be a minimum of six (6) inches in height.

75.8.

Recreation. A minimum of twenty-five (25) percent of the site area shall be open space and recreational area, including the required perimeter buffer or landscape screen. A minimum of eight (8) percent of the total site area, counted as part of the required twenty-five (25) percent site area that is open space and recreation area shall be devoted to one (1) or more active recreation facilities such as a swimming pool.

75.9.

Accessory uses permitted. The following establishments of a commercial nature may be permitted as customary accessory uses in a manufactured home park, provided that such uses do not occupy more than ten (10) percent of total park area, are located a minimum distance of one hundred (100) feet from any adjoining property line or street right-of-way, and are primarily intended for the convenience of and service to occupants of the manufactured home park:

a.

Coin-operated laundry.

b.

Coin-operated vending machines of the type allowed under applicable county codes.

c.

One (1) or more signs that identify the name of the park and/or service(s) provided park residents, regulate traffic, or provide for the convenience and welfare of park residents. Such signs shall not be placed within the county road right-of-ways.

75.10.

Other requirements.

Additions. Any addition to a manufactured home or accessory building shall comply with applicable requirements of the building, electrical, plumbing, and gas codes.

Foundations. All residential and accessory buildings shall be placed on properly engineered foundations that meet applicable installation requirements and applicable state and local codes.

Siding material. All manufactured homes shall have exterior siding materials consisting of wood, masonry, concrete, stucco, hardboard siding, or metal lap. The exterior siding material shall extend to ground level, except that when a solid concrete or masonry perimeter foundation (under-pinning) is used, the siding material need not exceed below the top of the foundation.

Tie-down. All manufactured homes shall be secured to their respective sites in accordance with applicable state codes.

Certificate of occupancy. Satisfactory compliance with all permitting and inspection requirements shall be achieved before the certificate of occupancy is issued.

Covered porch or deck. A covered porch, deck, or entry way at least four (4) feet by six (6) feet shall be added to each entrance of the manufactured home prior to occupancy. The roofing material of the covered porch, deck, or entry way must be the same as that of the manufactured home.

75.11.

Permitted uses. The following uses are permitted within the R-M district:

a.

Manufactured home parks.

b.

Garage or yard sales.

c.

Home occupations (as defined in 71.3)

d.

Class A manufactured homes on individual lots.

e.

Accessory buildings and uses customarily incidental to any use allowed as a permitted or conditional use and located on the same lot as the primary structure or use.

f.

Gardening on land of one (1) acre or less, when not otherwise existing as an accessory use. A certificate of zoning compliance is not required for this use.

g.

Swimming pools and tennis courts.

75.12.

Conditional uses. The following may be allowed as conditional use in an R-M district:

a.

Churches and other places of worship, with attendant educational and recreational buildings, provided such buildings shall be placed not closer than fifty (50) feet from any property line.

b.

Public and private schools, colleges, and libraries, excluding business or trade schools.

c.

Public utility structures and buildings, not including radio and television transmission stations and electric generating plants, provided the installation is properly screened from surrounding uses. No office shall be permitted, and no equipment shall be stored on the site.

d.

Public or privately owned and operated golf, swimming, tennis, or country clubs, community clubs or associations, athletic fields, parks, and other similar recreational areas, provided that no building for such proposed use is located within one hundred (100) feet of any property line.

e.

Other public buildings and uses.

f.

Temporary uses, including sale of Christmas trees, carnivals, bazaars, the sale of seasonal fruits or vegetables from roadside stands, and tent revivals.

g.

Home businesses, pursuant to the provisions of section 85 of this resolution.

76.1.

Intent of district. This district is established to encourage the orderly development of areas containing uses related to motor vehicles, generating heavy vehicular traffic, or serving the traveling public. This district is intended for those areas located at or near junctions of or access points to major thoroughfares. The promotion of "strip" commercial development is not intended.

76.2.

Required conditions. All sales, business, or processing shall be conducted within a completely enclosed building, except where the nature of the activity is such that said activity must be conducted outside of a completely enclosed building. An exception to this regulation may be considered as a conditional use where its enforcement would create an unreasonable hardship.

76.3.

Dimensional standards. The minimum lot size in a C-1 District shall be one (1) acre, and the minimum lot width shall be one hundred fifty (150) feet from the building site. All buildings must be set back (25) feet from any street and seventy-five (75) feet from any residential or agricultural/rural district with either an evergreen buffer or an approved screening fence. Parking plans and traffic studies are required before permits are issued.

76.4.

Permitted uses. The following uses are permitted within a C-1 district:

a.

Automobile service stations and sales of motor fuels in connection with another use provided the requirements of section 85 are met.

b.

Car washes, provided that a paved area shall be located on the same lot equal to one-third (1/3) the number of cars practically accommodated by any washing machinery, excluding hand-held sprayers, times two hundred (200) square feet. In addition, a maximum of two (2) curb breaks, each no wider than thirty (30) feet and no closer than one hundred twenty (120) feet to a street intersection.

c.

Any establishment that sells or services the following: Automobiles, boats, recreational vehicles, farm equipment and implements, or manufactured homes, provided any repair or servicing must be conducted within a structure which shall not have any opening, other than a stationary window or door for pedestrian ingress or egress, within one hundred (100) feet of any residential district, and provided further that all vehicles on a used car sales lot shall be in operating condition at all times.

d.

Restaurants and delicatessens, including those with "drive-thru" facilities.

e.

Office supply stores.

f.

Farm and garden supply stores.

g.

Grocery, convenience, and fruit and vegetable stores, meat markets, delicatessens, and supermarkets.

h.

Theaters, auditoriums, and assembly halls, not including drive-in theaters.

i.

Indoor recreational or amusement facilities including gymnasiums and health clubs, bowling alleys.

j.

Bus and railroad terminal facilities.

k.

Automobile, truck, trailer, and equipment rentals.

l.

Professional office buildings.

m.

Electrical, heating, and plumbing supply stores.

n.

Automotive part and supply stores.

o.

Appliance stores, including those that provide repair services.

p.

Home repair supply store.

q.

Garage or yard sales.

r.

Accessory buildings and uses customarily incidental to any use allowed as a permitted or conditional use and located on the same lot as the main structure or use, provided the requirements of section 84 of this resolution are met.

s.

Wholesale warehouses.

t.

Truck terminals, provided that they are not located adjacent to residential uses and that acceleration and deceleration lanes of at least two hundred (200) feet in length are provided for trucks entering and leaving the site.

76.5.

Conditional uses. The following uses may be allowed as conditional uses in a C-1 district:

a.

Unless otherwise states within this resolution, any use permitted or conditional in a C district.

b.

Motels, hotels, and B&Bs with the exception of halfway houses, prison or penal institutes.

c.

Flea market.

77.1.

Intent of the district. The MFR District is composed of areas with existing or proposed high-density residential use. The ordinance is designed to accommodate open space, convenience services, and community facilities needed for high-density living.

77.2.

Permitted uses: The following uses are permitted within a MFR district:

a.

Apartments.

b.

Boarding house.

c.

Daycare home.

d.

Dwelling, multi-family.

e.

Dwelling, single-family, detached.

f.

Dwelling, two-family.

g.

Garage apartment.

h.

Individual manufactured home subject to the conditions and requirements contained in section 81.

i.

Industrialized home qualifying as dwelling, single-family, detached.

j.

Residential accessory buildings and accessory uses.

k.

Residential home occupation.

l.

Swimming pools, above and below ground, provided the location is not closer than twenty (20) feet to any property line; the pool is enclosed by a wall or fence as required by state law. Only home swimming pools and private community swimming pools are permitted.

m.

Townhouses and condominiums.

77.3.

Conditional uses. Conditional use applications may be approved or denied as submitted or may be approved subject to specified conditions in addition to those described herein.

The following uses my be allowed as conditions uses in a MFR district:

a.

Family personal care home. Group personal care home and congregate personal care home.

b.

Kindergartens play schools, and daycare centers. A complete site development sketch must be submitted with the application.

c.

Recreational developments, including but not limited to, public fishing lakes, public swimming pools, and golf courses or driving ranges, or other recreational developments provided a comprehensive plan for the area is submitted which includes the location of the site on plats of not less than 1"=400' scale, the location and function of all buildings and modifications of the natural landscape, the location and surface treatment of all roadways, appropriate details of drinking water or sanitary facilities, certificated by the health department if wells or septic tans are involved and a time schedule setting for a development program.

d.

Religious institutions and their customary related facilities provided such uses are located on a lot with a minimum of 2 acres and fronts on a public right-of-way or a private street which connects with a public right-of-way. The minimum building front setback is 50 feet. A ten (10) foot wide buffer area is required along any property line abutting residentially zoned property.

e.

Minor and major utility facilities.

77.4.

Townhouses, condominiums, duplexes, apartments, and multi-family dwellings regulations.

a.

No more than ten (10) nor fewer than three (3) continuous townhouses, duplexes or condominiums shall be built in a row with approximately the same front line. Density shall not exceed eight (8) dwelling units per acre of buildable land and no more than fifty (50) percent of the lot area shall be occupied by dwelling units and accessory buildings.

b.

No side or rear yard is required in connection with any townhouse, duplex or condominium, except that the front yard shall be no less than twenty (20) feet in depth from the street right-of-way of a minor or local residential street, including cul-de-sacs, and where the parking is not directly in front of each dwelling unit. If the parking for the dwelling unit is in front of the dwelling unit, front setback shall be 50 feet from the edge of the right-of-way. Each townhouse or duplex shall have its own lot yard at least (12) feet in depth that is private and reasonably secluded from view from the streets or from neighborhood property, including adjacent townhouses or duplexes. Such yard shall not be used for any accessory building.

c.

No more than fifty (50) percent of the lot area shall be occupied by buildings.

d.

Insofar as practicable, off-street parking facilities shall be grouped in bays, either adjacent to streets or in interior blocks; and no off-street parking space shall be more than one hundred (100) feet by the most direct pedestrian route from a door of the dwelling unit it intends to serve. All parking shall be paved.

e.

All townhouse, duplex condominium, or apartment complexes shall be served by a sanitary sewer system and a central water system. No other means of waste disposal shall be permitted or authorized.

f.

A preliminary plat prepared in ink or pencil on a reproducible medium shall be submitted to the planning and zoning administrator prior to any grading, construction, or installation of improvements. No grading, construction or installation of improvements shall be had until the board of commissioners formally approves the preliminary plat.

g.

The preliminary plat shall illustrate the ultimate development of the entire plat owned by the applicant and shall identify the section for which formal plat approval will initially be requested. The preliminary plat shall be prepared at a scale of one (1) inch equals one hundred (100) feet and shall, at a minimum, include the following:

1.

Development name if within an existing development.

2.

Proposed name, if not within a previously platted development.

3.

Name, address, and telephone number of the legal owner or agent of the property.

4.

Name, address, and telephone number of the registered professional responsible for development design, design of improvements, and for survey.

5.

Date, scale, and north arrow.

6.

Vicinity map including zoning classification of all adjacent parcels.

7.

Total acreage.

8.

Location of existing property lines, major easement/right-of-way, required setbacks, watercourses, drainage areas and ditches, and distractive natural features.

9.

Existing buildings and roads.

10.

The location of all proposed buildings, the number of dwelling units per building, the square footage or each building, the square footage of each dwelling unit, and all proposed roads.

11.

The location of flood hazard areas as taken from FEMA, FIRM or HUD maps. Where no such map exists, Soil Conservation Service maps may be used.

12.

Statement of proposed water/sewer supply or collection method.

13.

Information and data relating to surface water runoff as it effects storm water drainage and impact on adjacent areas.

14.

If development is to be located in the watershed protection district, the percentage of impervious surface must be shown.

15.

All townhouse, duplex or condominium complexes must receive approval from the board of commissioners after review by the planning and zoning board prior to any grading, construction, or installation of improvements. This review and approval process shall be governed by and conducted in accordance with rules and standards contained in sections 101, 102, 103, 104 105.

77.5.

Additional apartment and multi-family dwellings regulations.

a.

Density of apartments and multi-family dwellings shall not exceed ten (10) units per acre of buildable land.

b.

All parking shall be off-street parking and shall be grouped in bays, either adjacent to the street or in interior blocks; the developer shall demonstrate that distances from parking to the units have been taken into consideration in the overall design of the project. All parking shall be paved.

c.

All streets, drives or alleys in the development shall have a pavement width of twenty-four (24) feet, and have a bituminous, concrete surface, or asphalt surface. All dead end streets shall have a cul-de-sac subject to the provisions of the Monroe County Code of Ordinances.

d.

Minimum building setback shall be the minimum setback for the district in which the apartments are located, provided that if required parking is in the front of the apartment, then the building setback shall be twenty-five (25) feet from the street right-of-way.

e.

All apartments and multi-family dwellings shall be required to tie into a sanitary sewer and central water system. No other method of waste disposal shall be authorized or permitted.

f.

All apartments and multi-family dwellings must receive approval from the board of commissioners after review by the planning and zoning board prior to any grading, construction, or installation of improvements. This review and approval process shall be governed by and conducted in accordance with rules and standards contained in sections 101, 102, 103, 104 105.

78.1.

Intent of district. This district is established to:

a.

Allow and encourage more unique, flexible, creative, and imaginative arrangements and mixes of land uses in site planning and development than are permitted through conventional land use requirements.

b.

Encourage a broader mix of residential housing types, including detached and attached dwellings, than would normally be constructed in conventional subdivisions.

c.

Allow and encourage the development of tracts of land as single developments that are planned neighborhoods or communities, including civic and semi-public uses (e.g., schools, playgrounds, meeting halls, etc.) that help to make up a community.

d.

Preserve the natural amenities of the land through maintenance of conservation areas and open spaces within developments.

e.

Provide for the more efficient use of land through clustering and other flexible, innovative development arrangements that will result in smaller networks of utilities and streets and thereby lower development and housing costs.

f.

Provide a more desirable living environment than would be possible through the strict application of conventional requirements.

g.

Provide for slightly higher gross and net development densities and intensities as an inducement to develop in a manner consistent with the purposes of this resolution.

78.2.

General regulation standards and requirements.

a.

Any property proposed for development as a planned mixed-use development shall be at least ten (10) acres in size, with twenty (20) percent of the total acreage devoted to open space, including active or passive recreation. All land included for the purpose of development within a planned unit development shall be owned or under the control of the applicant, whether the applicant is an individual, partnership, or a corporation.

b.

The standards and requirements of this resolution may be modified in the case of a planned mixed use development that does not conform to the county subdivision regulations. Any development plan submitted for a planned mixed use development must, in the opinion of the county planning commission, provide adequate public spaces and improvements for the circulation, recreation, light, air, and service needs of the tract when fully developed and populated, provided zoning density standards for the entire tract are not exceeded, and which also provides such covenants or other legal procedures as will assure conformity to and achievement of the plan.

c.

Plans for such developments shall be submitted to the planning and zoning board for review and approval by the board of commissioners prior to any permits being issued. If rezoning is required, plans for such developments shall be reviewed or approved by the county planning commission before the site has been rezoned to allow such use. This review and approval process shall be governed by and conducted in accordance with rules and standards contained in sections 101, 102, 103, 104 105.

d.

If revisions to an approved development plan are requested, the revised development plan will be subject to the same approval procedures as an original development plan.

e.

Setbacks from residential uses in a PUD must follow the setbacks in the residential district. Setbacks for commercial uses in a PUD must follow the setbacks in the commercial district. Any variance to the ordinance must be advertised as outlined in section 94.

f.

All submissions of development plans for a PUD must be served by a central sewerage and a central water system sized to support fire hydrants.

78.3.

Conditional uses. The uses of property located in a PD district shall be proposed by the development applicant and approved at the time the development plan is approved if the proposed uses are consistent with the county comprehensive plan, the mix of land uses is appropriate in character and location, and the development plan meets the criteria for approval specified in this section. Conditional use applications may be approved or denied as submitted or may be approved subject to specified conditions in addition to those described herein. Within the PUD District, the following are conditional uses:

a.

Boat docks, provided all ordinances and requirements of the Georgia Power Company pertaining to use of lake shore property and the reservoir are met.

b.

Campgrounds.

c.

Condominiums and townhouses.

d.

Daycare home.

e.

Dwelling, multi-family.

f.

Dwelling, single-family, detached.

g.

Dwelling, two-family.

h.

Fire stations.

i.

Home office.

j.

Home swimming pools, above and below ground, for home use, provided that the pool location, including the pool deck and accessory equipment, is not closer than ten (10) feet to any adjacent residential lot, and that the pool is enclosed by a wall or fence to the extent required by State Law.

k.

Industrialized home qualifying as Dwelling, single-family.

l.

Minor and major utility facilities.

m.

PUD development, operations & maintenance facilities.

n.

Public or private park or recreational area, which may include clubs, marinas, restaurants, a golf course, swimming pool, clubhouse, tennis courts, playgrounds, lakes or similar recreation uses.

o.

Residential accessory buildings and accessory uses.

p.

Signs.

q.

Non-residential uses. Non-residential uses may be allowed where such uses are scaled primarily to serve the residents of the PUD. Non-residential uses shall be necessary commercial or accessory services.

1.

Motel/hotel.

2.

Religious institutions and their customary related facilities, provided such uses are located on a lot with a minimum of 2 acres and fronts on a public right-of-way or a private street which connects with a public right-of-way. The minimum building front setback is 50 feet a ten (10) ft. wide buffer area is required along any property line abutting residentially zoned property.