The purpose of Article 3 is to provide land use and development regulations for specific uses that are applicable to sites throughout Oconee County. Unless otherwise noted, these standards are intended to be applied within all zoning districts where the particular uses are allowed, whether by right or through Special Use approval.

Private airstrips and heliports as defined in this Development Code must meet the following requirements:

a.

Complete site plans must be submitted to the Planning Department with the application for approval of the airstrip or heliport;

b.

Said plans shall identify the approach and takeoff zones, surrounding land uses and zoning districts, houses, poultry houses, livestock facilities, roads, utility lines and other sensitive uses within 1,000 feet of the proposed facility (2,000 feet with regard to approach and takeoff zones associated with the proposed airstrip or heliport).

c.

Said plans shall also indicate any proposed fuel storage facilities, enclosed hangers and other accessory uses.

d.

Also provided that the airstrip, taxiway and other ground areas upon which aircraft are to be operated shall not be closer than 1,000 feet from any residential structure excepting that of the subject property owner or any new residence proposed in conjunction with the airstrip, as in a "fly-in" subdivision.

e.

The runway for fixed-wing aircraft shall be at least 2,500 feet long with a cleared area extending 200 feet on each side for the full length of the runway and 400 feet on both ends for a total cleared area of 400 by 3,300 feet.

f.

Notice of Landing Area Proposal. Also provided that the applicant shall file with the Federal Aviation Administration (FAA) a form 7480-1, "Notice of Landing Area Proposal" and subsequently receive a "Non objectionable Determination Letter" from FAA, prior to use of the facility by any aircraft. A currently approved "Non-objectionable Determination Letter" from the FAA shall be maintained on file with the Code Enforcement Department.

Except as otherwise allowed with Special Use approval by the Board of Commissioners, the following shall apply:

a.

No more than a maximum of three aircraft are stationed, located, parked or operated at, to or from the location at any given time.

b.

No fixed-wing aircraft using the facility shall have more than two engines. Helicopters shall be limited to one main rotor system.

c.

No airplane using the facility shall have more than six seats nor be designed to carry more than six persons. This shall include the pilot(s).

d.

No helicopter using the facility shall have more than four seats nor be designed to carry more than four persons. This shall include the pilot(s).

e.

No fixed-wing jet engine aircraft shall use the facility.

f.

The facility shall be used only for private, non-commercial aircraft and shall not be used for organized aviation events such as skydiving, air shows or similar functions.

g.

The facility shall be located on a parcel of land at least 50 acres in size.

h.

The facility shall be used for daytime take off and landing only.

i.

All heliports shall be maintained in accordance with the established criteria from the Georgia Fire Marshal's Office.

Asphalt plants, temporary batch plants and concrete plants must comply with the following requirements:

In addition to all requirements and restrictions imposed by the State of Georgia on an asphalt or concrete plant, the following shall apply to any such operation in Oconee County:

a.

No operation shall be allowed between the hours of 7:00 p.m. and 7:00 a.m. during the months of November, December, January, February, and March. No operation shall be allowed between the hours of 9:00 p.m. and 6:30 a.m. during the months of April, May, June, July, August, September and October. No operation shall be permitted on Sundays, New Year's Day, Independence Day, Thanksgiving or Christmas Day. These restrictions shall not apply to routine maintenance and may be varied for special projects, including Department of Transportation projects and large commercial projects, with the approval of the Board of Commissioners.

b.

Asphalt mixing shall be a sealed process.

c.

All necessary state and federal permits must be obtained prior to application.

d.

Fire prevention, evacuation, and safety plan to be approved by the fire safety inspector.

e.

Cleaning of vehicles and containers shall be performed so that runoff shall not enter the sanitary sewer system or stormwater system nor shall it runoff into adjoining properties.

a.

Minimum site to be five acres.

b.

No asphalt plant, temporary batch plant or concrete plant shall be located closer than 1,000 feet from any residential zoning district land or school property line, or closer than 1,000 feet from a residential dwelling in an agricultural district.

c.

Local streets and streets in recorded subdivisions shall not be used as part of any truck traffic route giving access to the facility. The entrance or entrances shall be directly off an arterial or a major collector road, and truck traffic routes and entrances to the facility shall be approved by the county engineer.

A copy of any applicable State permit approval shall be maintained on file with the Code Enforcement Department.

An establishment for sales of new or used automobiles and small trucks less than one ton, boats, motorcycles and recreational vehicles shall meet the requirements of this Section.

a.

Where such an establishment is an authorized dealer of new cars, small trucks less than one ton, boats, motorcycles and recreational vehicles, a service facility may also be permitted provided such service facility meets the requirements applicable to an automotive repair establishment under Sec. 312, and all surfaces where vehicles are stored or displayed for sale and all parking areas shall be paved.

b.

Such establishments that deal in used vehicles only shall not have any service facility on the premises unless approved as a Special Use.

Automobile storage yards and wrecker yards for damaged or confiscated vehicles must meet the following requirements:

a.

Any such use must be located no closer than 500 feet to any free-flowing creek, stream, or river classified as a "protected river or stream" under the Environmental Protection Article of this Code.

b.

Such automobiles shall not be held longer than provided by State law or 120 days, whichever is more stringent.

c.

Local streets and streets in recorded subdivisions shall not be used as part of any truck traffic route giving access to the facility. The entrance or entrances shall be directly off an arterial or a major collector road, and truck traffic routes and entrances to the facility shall be approved by the county engineer.

d.

Such use shall be surrounded by a solid masonry wall or imitation-wood vinyl fence at least eight feet tall.

e.

No dismantling, repair, sale of parts, or any other such activity shall be conducted unless allowed as a salvage, junk or wrecking yard and complies with the requirements of Sec. 327.

The provisions of this Section apply to any establishment that performs general automotive and small truck (under one ton) repairs; or specializes in automotive repairs or maintenance of exhaust systems, transmissions, glass, brakes, etc.; or provides oil change or lubrication services; any of which may also include auto inspections or maintenance and repair of belts, hoses, fluids, and similar maintenance (including tune-ups).

a.

Automotive repair or maintenance uses shall not be established on a lot that is either adjacent to, or directly across the street from, any residential zoning district.

b.

The use shall comply with the requirements of Sec. 324 if gasoline or diesel fuel is dispensed on the property.

c.

If located within a commercial zoning district, the following shall apply:

(1)

Outside storage of parts or non-operable vehicles must be entirely screened from view from any street or adjacent property.

(2)

The building shall not exceed 8,000 square feet in floor area.

(3)

An emission or auto inspection station may be an accessory use to an automotive repair facility, provided that it is contained within a fully enclosed structure.

A private residence operated as a bed and breakfast inn must meet the following requirements:

a.

In an agricultural or residential zoning district, a bed and breakfast inn may contain no more than six guest rooms.

b.

A bed and breakfast inn in an agricultural or residential zoning district shall not contain restaurant facilities but may provide food service for transient guests only. A bed and breakfast inn in a commercial zoning district may contain full-service restaurant facilities that provide meal services to guests and the general public.

c.

No food preparation or cooking for guests shall be conducted within any bedroom made available for rent. Individual rooms that are rented shall not contain cooking facilities.

d.

Catering, parties, weddings, or special events are not permitted in a bed and breakfast inn in an agricultural or residential zoning district.

e.

The exterior appearance of the structure shall not be altered from its single-family character unless the changes are approved by the Board of Commissioners as a Special Use.

f.

In an agricultural or residential zoning district, the owner of the bed and breakfast inn must reside on the property.

g.

Maximum length of stay shall not exceed 14 days.

a.

No bed and breakfast inn may be established in an approved residential major subdivision.

b.

No parking area for guests is to be located closer than 25 feet to any residential property line.

Where any form of "animal production" is an allowed agricultural use, boarding and/or breeding kennels, animal shelters and the raising of non-domestic animals (such as horses, cattle, poultry, goats and sheep) or wild and exotic animals must comply with the following requirements:

a.

Stockyards, poultry houses and hog parlors shall be located on tracts of land not less than 20 acres in area.

b.

Except for horse riding stables, and except for stockyards, poultry houses and hog parlors on tracts of 20 acres or more, the following shall apply:

(1)

The total number of cattle, horses, sheep, poultry and other non-domestic, wild or exotic animals that can be located on a property is five animal units per acre for the portion of a property devoted exclusively to such use. The portion of a property devoted exclusively to such use shall be the area where the animals are housed, kept, pastured or confined.

(2)

An "animal unit" is a common animal denominator based on feed consumption and on the assumption that one mature cow represents an animal unit. Then, the comparative (to a mature cow) feed consumption of other age groups or classes of animals determines the proportion of an animal unit that they represent. For the purposes of this Development Code, the animal unit equivalents shown on Table 3.2 apply.

c.

For a breeding kennel, the minimum lot size shall be two acres and the number of animals maintained as breeding stock shall not exceed four. The minimum lot size for boarding kennels shall be one acre.

d.

Pet sitting shall be subject to the minimum lot size and maximum animal unit requirements of boarding kennels. With the exception of facilities located in OBP, B-2, and I zoning districts, all kennels, pens, cages, runs and other facilities for containment of animals shall be located within fully enclosed buildings with adequate provisions to insure that noise, insects and odors are completely contained within said buildings. This shall include both pet boarding and pet sitting facilities.

e.

Spacing requirements. See Sec. 302 regarding spacing between certain agricultural structures or operations and residences.

(Res. of 2-4-2025(1), Exh. A)

The agritourism use is allowed in order to provide for the development and permit the operation of agritourism enterprises that promote the agricultural heritage of local farms, maintain the rural character of Oconee County, expand economic opportunities for existing farms, provide education and social benefits to residents and visitors, and preserve agricultural lands in Oconee County.

Agritourism uses shall be subject to the following restrictions:

(a)

Agritourism activities are permitted only when associated with an agritourism use as defined in this Development Code.

(b)

Off-street parking shall be required for all agritourism operations as stipulated in Article 6 of this Development Code, with the following provisions:

i.

All parking areas and drives shall be properly graded, surfaced and maintained so as to provide safe vehicular and pedestrian access and to prevent erosion, siltation and movement of mud, soil or debris and excessive or detrimental storm water runoff onto public or private lands.

ii.

Grass, gravel, or equivalent surface material in lieu of asphalt or concrete.

iii.

Striping and lighting of the parking area is not required.

(c)

In lieu of the incompatible-use buffering requirements of Article 8 of this Development Code, structures and/or areas (not including agricultural fields) designated for an agritourism use must maintain a minimum distance of one hundred feet from the nearest dwelling other than that which belongs to the owner of the agritourism operation. If such distance cannot be maintained, then the buffering requirements for commercial uses adjoining incompatible uses as outlined in Article 8 of this Development Code must be met prior to commencement of the agritourism use.

(d)

Agritourism uses shall only be allowed on parcels of three or more acres. Contiguous parcels under common ownership that together constitute the same farm may be counted toward this requirement.

(e)

Agritourism uses shall not be permitted on parcels in a major subdivision.

(f)

Any competition utilizing motorized vehicles shall not be permitted as an agritourism activity.

(g)

At the time of the application, approval, and in perpetuity thereafter, in order to qualify for the issuance of a business license, a working farm must exist and be operational on the parcel and all agritourism enterprises must be operated in conformance with and only as depicted on an approved site plan, as outlined in Sec. 315.(j).

(h)

All structures associated with an agritourism use, including tents and temporary structures, must comply with all currently adopted building and life safety codes, including but not limited to the Oconee County Unified Development Code and the International Fire Code (IFC).

(i)

Tents and temporary structures associated with an agritourism use may be permitted on a property for a maximum of 60 days, no more than four times each calendar year, and shall be permitted through the Planning and Code Enforcement Department.

(j)

Prior to commencement of any agritourism use, written application must be made to the Director of the Planning and Code Enforcement Department in a manner approved by the same. Such application must contain a site plan showing the general delineation of the area to be designated for the agritourism use, depict all structures associated therewith, and must effectively demonstrate compliance with all applicable restrictions and development standards contained in this Development Code.

(k)

An agritourism enterprise shall have no significant impacts on the agricultural viability or rural character of neighboring properties.

(l)

Individual uses allowed by right or by special use approval in the underlying zoning district shall not be subject to these restrictions.

(m)

All outdoor lighting shall be in compliance with Sec. 306.04 of this Development Code.

(n)

All outdoor sound amplification shall cease between the hours of 10:00pm and 8:00am.

(o)

Restrictions on Specific Agritourism Activities:

i.

Farm Restaurants: A farm restaurant requires special use approval by the Board of Commissioners and must comply with the following standards:

ii.

The restaurant must be a sit-down eating establishment meeting the definition of a custom-service restaurant contained in this Code;

iii.

All meals served at the restaurant must be substantially prepared with agriculture products produced on the farm; and

iv.

The restaurant shall not contain seating for more than 30 customers, excluding special events held at the restaurant, which shall be permitted through the Planning and Code Enforcement Department.

a.

For the purpose of this section, a chicken (Gallus domesticus) refers only to a female chicken. Chickens, also referred to herein as "Backyard hens," are allowed in conjunction with a single family dwelling as defined in Article 2 of this Development Code, subject to the following performance standards and development criteria:

(1)

Up to five chickens per lot for lots less than one acre and for lots one acre or more up to five chickens per acre may be permitted. The aforementioned land requirements are the gross area of the premises harboring such chickens and include areas used by the resident for residential or other purposes, in addition to the keeping of the chickens, subject to the following performance standards and development criteria:

(2)

Chickens shall be kept within an enclosed coop or other enclosure at all times. A coop is herein defined as a covered house, structure, or room that will provide chickens with shelter from weather.

(3)

Any chicken coop and fenced enclosure shall be located in the rear yard of the property and shall meet the setbacks for accessory structures pursuant to Article 4 of this Development Code. No coop, enclosure or chickens shall be allowed in any front or side yard (lots with no rear yard shall be excluded from side yard restriction).

(4)

No ducks, geese, turkeys, peafowl, pheasants, quail, male chickens/roosters, or any other poultry or fowl are allowed under these provisions.

(5)

Chickens shall be kept for personal use only. The selling of chickens or chicken manure, and the breeding of chickens for commercial purposes is prohibited.

(6)

Chickens shall not be permitted to trespass on neighboring properties, be released or set free and shall be kept within a coop and enclosure at all times.

(7)

Chickens shall not be permitted to create a nuisance consisting of odor, noise or pests, or contribute to any other nuisance condition.

b.

Chickens that are no longer wanted by their owners shall not be taken to Animal Control, nor shall they be released.

c.

Any property owner who elects to keep backyard hens consents to inspection of his or her property upon complaint to the Planning and Code Enforcement Department as related to backyard hens.

d.

This section shall not change the rights granted to properties in the AG (Agricultural) zoning district.

h.

This section does not supersede any legally adopted, recorded restriction within any platted neighborhood.

A cemetery for human or animal interment allowed as a principal use on a property must meet the requirements of this Section. A cemetery that is allowed as an accessory use to a church or other place of worship must comply with the provisions of Sec. 354.e.

a.

The cemetery must front on an arterial or major collector street, and the entrance and exit to such cemetery shall be only from said arterial or major collector street.

b.

A landscape buffer meeting the requirements for landscape buffers for an office or institutional use in the Landscaping and Buffers Article of this Code shall be provided.

c.

Minimum lot size of ten acres, or such area as required by the State of Georgia, whichever is greater.

d.

All graves or burial lots shall be set back not less than 200 feet from any property line or street right-of-way line.

e.

Minimum public road frontage of 100 feet.

f.

Permanent public ingress/egress shall be provided.

g.

Compliance must be maintained with all requirements of the State of Georgia and the County Tax Commissioner.

h.

Except for the ingress/egress requirement listed in Sec. 317.01.f, family plots for interment of family members are exempt from the foregoing restrictions unless required by other applicable statutes.

Mausoleums are permitted in conjunction with a cemetery provided that all requirements for the cemetery have been satisfied.

A crematory, whether included within a cemetery or developed as a stand-alone principal use, shall meet the following requirements:

a.

If located within a cemetery, the cemetery must meet the minimum requirements of Sec. 317.01.

b.

All buildings shall be set back not less than 200 feet from all property lines.

c.

All buildings shall be not less than 500 feet from any residential zoning district.

Any cemetery or place of burial recognized by the Oconee County Tax Commissioner as tax exempt (under O.C.G.A. 48-5-41), and any "family plot" or other burial ground discovered on the site, must be protected under the requirements of State law (O.C.G.A. 36-72-1 et seq.). State law currently defines "burial ground" and "cemetery" as follows:

a.

"Burial ground" means an area dedicated to and used for interment of human remains. The term shall include privately owned burial plots, individually and collectively, once human remains have been buried therein. The fact that the area was used for burial purposes shall be evidence that it was set aside for burial purposes.

b.

"Cemetery" or "cemeteries" means any land or structure in this state dedicated to and used, or intended to be used, for interment of human remains. It may be either a burial park for earth interments or a mausoleum for vault or crypt interments or a combination of one or more thereof.

a.

A community-scale church is a place of worship, such as a church, chapel, synagogue, temple, mosque or other such facility that contains any of the following:

(1)

A seating capacity in its primary area of assembly of greater than 350 persons (Calculation of maximum seating capacity shall include the rostrum, choir seats, fixed seating and overflow seating area(s). Seating capacity assumes one person per chair or other type of seat, one person per 18 lineal inches of pew space, or one person per six square feet of overflow seating area, not containing fixed seating);

(2)

Use of the facility includes operations other than or in addition to regular worship services and ceremonies, Sunday school, incidental offices relating to operation of the church and other regular incidental uses normally associated with places of worship;

(3)

The facility is rented or leased to members of the general public for events not directly associated with religious services or ceremonies;

(4)

There are regular weekday school, childcare or daycare, or religious exempt nonpublic postsecondary programs that occur on the site (other than occasional programs such as "Mother's Morning Out", "Vacation Bible School" or other similar programs);

(5)

The institution has designated athletic fields, such as areas for baseball, softball, football, soccer, etc. as opposed to an open lawn area;

(6)

The total building square footage of all buildings on the property combined exceeds 30,000 square feet;

b.

A neighborhood-scale church is a place of worship, such as a church, chapel, synagogue, temple, mosque or other such facility that meets all of the following::

(1)

A seating capacity in its primary area of assembly of 350 persons or less (Calculation of maximum seating capacity shall include the rostrum, choir seats, fixed seating and overflow seating area(s). Seating capacity assumes one person per chair or other type of seat, one person per 18 lineal inches of pew space, or one person per six square feet of overflow seating area, not containing fixed seating);

(2)

Use of the facility is limited to regular worship services and ceremonies, Sunday school, incidental offices relating to operation of the church and other regular incidental uses normally associated with places of worship;

(3)

The facility is not rented or leased to members of the general public for events not directly associated with religious services or ceremonies;

(4)

No regular weekday school, childcare or daycare programs occur (other than occasional programs such as "Mother's Morning Out", "Vacation Bible School" or other similar programs);

(5)

The church has no designated athletic fields, such as areas for baseball, softball, football, soccer, etc. as opposed to an open lawn area;

(6)

Total building square footage of all buildings combined does not exceed 30,000 square feet.

Churches, chapels, temples, synagogues, mosques and other such places of worship must meet the following minimum requirements if located in any agricultural or residential zoning district:

a.

The site must contain at least five acres.

b.

The site must have frontage of at least 200 feet on an arterial or major collector street, from which all access to the property shall be derived.

c.

A landscape buffer meeting the requirements for landscape buffers for an office or institutional use in the Landscaping and Buffers Article of this Code shall be provided.

Churches, chapels, temples, synagogues, mosques and other such places of worship, where otherwise allowed in a zoning district, must obtain approval as a Special Use if the place of worship is located on property that is part of a residential subdivision containing six or more lots.

Nonprofit clubs and fraternal organizations must meet the following minimum requirements if located in any agricultural or residential zoning district:

a.

The site must contain at least five acres.

b.

The site must have frontage of at least 200 feet on an arterial or major collector street, from which all access to the property shall be derived.

c.

A landscape buffer meeting the requirements for landscape buffers for an office or institutional use in the Landscaping and Buffers Article of this Code shall be provided.

Noncommercial or nonprofit community centers such as YMCA, YWCA, Girls or Boys Clubs and senior centers must meet the following requirements:

a.

Minimum site area of five acres; and

b.

A landscape buffer meeting the requirements for landscape buffers for an office or institutional use in the Landscaping and Buffers Article of this Code shall be provided.

Neighborhood recreation centers and amenities serving a residential development but to be located on an individual lot as a principal use are subject to the following:

a.

The development amenities shall be for the exclusive use of the occupants of the residential subdivision, townhouse or multi-family development or manufactured home park.

b.

Buildings and structures established in connection with such use shall be set back not less than 50 feet from any property line. The set back may be reduced to 20 feet from an interior property line within the development if a structural landscape buffer is provided along said property line that effectively provides a visual and noise screen for adjacent property to a height of eight feet

c.

Public swimming pools. Before any public, semi-public, community, or neighborhood swimming pool is opened for use it shall be required to meet the state regulations for public swimming pools.

d.

Outdoor activity shall cease by 11:00 p.m. and not begin prior to 8:00 a.m.

e.

Lighting shall be established in such a way that quiet use and enjoyment of adjacent properties are not adversely affected, and that roadways and safe use thereof are not adversely affected. No direct light shall be cast upon adjacent properties or roadways. If lighting is to be established, it shall be shown on the landscaping plan for the project.

f.

No residence or structure shall be issued a Certificate of Occupancy upon any adjacent lot within the development within which the facility is located until construction of the recreation area is completed, including landscaping and buffers, unless the purchaser of the home provides a signed and notarized letter stating that said buyer is fully aware of the proposed adjacent recreation area including all design details relating thereto.

g.

Recreation amenities to be located on the same lot as the residential development shall comply with the requirements of Sec. 353 in lieu of the provisions of this Sec. 320.02.

(Res. of 2-4-2025(1), Exh. A)

Charitable, non-profit, short-term housing and/or room and board accommodations for poor, transient, or needy individuals shall meet the following minimum criteria:

a.

Adequate showers and restroom facilities must be provided at the location to meet the needs of overnight guests.

b.

Beds must be provided for all overnight guests excluding staff and volunteer workers.

c.

Guests of the shelter accommodated on a daily or overnight basis (such as a homeless shelter) shall be required to leave the shelter premises no later than 7:00 a.m. Guests of the shelter normally accommodated on a longer-term basis (such as a shelter for battered women) may remain on-premises on a 24-hour basis.

d.

All premises shall be maintained in a clean, safe, and sanitary fashion.

e.

Within the commercial zoning districts, a community food bank or housing shelter may be located in a church or other place of worship as an accessory use, provided it meets the above minimum standards of this Section.

f.

No shelter shall be located closer than 500 feet to a residential zoning district, measured from the closest corner or wall of the shelter.

g.

Housing shelters must meet the requirements in the Life Safety Code (NFPA 101) and the international building codes as adopted and amended from time to time.

Construction contractors, including such activities as building contractors, plumbing contractors, site development contractors, and the like, are allowed in the AG zoning district, provided that:

a.

Off-street automobile parking and loading space is provided as required in this Development Code;

b.

All motor vehicle and construction equipment necessary to the operation of the service shall be located in designated parking areas and screened from view from any street;

c.

All materials necessary for the service shall be located within enclosed buildings unless outdoor storage is allowed by Special Use approval;

d.

The activity shall not be closer than 500 feet to an existing residence;

e.

A landscape buffer meeting the requirements for landscape buffers for a commercial use in the Landscaping and Buffers Article of this Code shall be provided; and

f.

Wholesale and/or retail sales of building supplies and storage of materials unnecessary in the performance of the service are prohibited.

The provisions of this Section apply to group day care homes and day care centers when operated as a principal use on a property, or as an accessory use to a principal use such as a day care center at a church or a day care center operated for the use of employees within an office or industrial plant. Documentation must be provided to the Code Enforcement office that the state governing authority has approved the facility for childcare or care of the elderly. For family day care homes, see Sec. 350 (home occupations).

Day care for up to 18 adults or children is subject to the following conditions:

a.

A maximum of 18 adults or children for whom compensation is received.

b.

Outdoor play areas shall be provided in the rear or side yards for all group day care facilities and shall be enclosed by a solid hedge, wall or imitation-wood vinyl fence six feet high. All outdoor play areas shall be separated from driveways, streets and parking areas.

c.

Group day care facilities shall provide adequate areas for the safe drop-off and pick-up of children. These areas shall be off-street in a driveway, turnaround or parking area.

d.

When within or adjacent to a residential district, the facility may operate for a 14 hour period per day with outdoor activities limited to daylight hours between 8:00 a.m. to 8:00 p.m. in order to limit noise impacts to neighboring residents.

e.

All group day care facilities shall obtain necessary state licenses and shall be operated in conformance with all applicable state and local regulations.

f.

When operated as an accessory use, the group day care facility shall be located within a nonresidential building and otherwise comply with all requirements of this Subsection, above.

g.

A group day care facility operated as a principal use shall comply with all of the property development and performance standards for the zoning district in which it is located, and shall not be located within 300 feet of another group day care facility or day care center.

Day care for 19 or more adults or children is subject to the following:

a.

Outdoor play areas shall be provided in the rear or side yards shall be enclosed by a solid hedge, wall or imitation-wood vinyl fence six feet high. All outdoor play areas shall be separated from driveways, streets and parking areas.

b.

Day care centers shall provide adequate areas for the safe drop-off and pick-up of children. These areas shall be off-street in a driveway, turnaround or parking area.

c.

When within or adjacent to a residential zoning district, the day care center may operate for a 14 hour period per day with outdoor activities limited to daylight hours between 8:00 a.m. to 8:00 p.m. in order to limit noise impacts to neighboring residents.

d.

All day care centers shall obtain necessary state licenses and shall be operated in conformance with all applicable state and local regulations.

e.

When operated as an accessory use, the day care center shall be located within a nonresidential building and otherwise comply with all requirements of this Subsection, above.

f.

A day care center operated as a principal use shall comply with all of the property development and performance standards for the zoning district in which it is located, and shall not be located within 300 feet of any other day care center or group day care facility.

Any use that dispenses gasoline or diesel fuel, whether as a principal or accessory use, shall comply with requirements of this section, the International Fire Code (IFC), and National Fire Prevention Association (NFPA). In the case of a conflict, the most restrictive shall apply.

a.

Facilities shall not be within 200 feet of any residential property or properties containing a school, public playground, church, hospital, public library or institution for children or dependents.

b.

The site shall front on a major collector or arterial street and have a minimum lot area of one acre.

c.

A vehicle access drive shall be not more than 40 feet wide as measured at its narrowest point parallel to the street, and shall not be located closer than ten feet to an adjoining property or 50 feet from a street intersection, or meet GDOT requirements if greater.

d.

There shall not be more than two driveways along a single street, which must be separated by at least 100 feet.

e.

All operations except for the sale of gasoline or diesel fuel shall be conducted in an enclosed building.

f.

No gasoline pump or edge of canopy shall be located closer than 20 feet to any right-of-way line, or the following distance from the centerline of the following streets, whichever is greater:

(1)

U.S. or State numbered highway: as required by the Georgia Department of Transportation.

(2)

Arterial street: 80 feet from the centerline.

(3)

Major collector street: 70 feet from the centerline.

(4)

Minor collector street: 60 feet from the centerline.

(5)

Local commercial or industrial street: 50 feet from the centerline.

(6)

Local residential street: a distance equal to the front setback required by the zoning district for a principal building.

g.

There shall be no rental of trailers, hand tools, garden tools, power tools or other similar equipment as an incidental part of the operation except in the B-1, B-2 and I zoning districts.

h.

Accessory car or truck washes on the property shall comply with the requirements of Sec. 355.f.

i.

Vehicle repairs and maintenance activities shall conform to the provisions of Sec. 312.

j.

Lighting fixtures on the underside of a canopy shall be installed in such a manner that the lighting fixture is recessed or flush with the canopy surface and the source of the light is not directly visible from any abutting street or residential use.

Establishments that cater to the fueling needs of the trucking industry are subject to the following in addition to the general requirements of this Section:

a.

All uses other than the dispensing of fuel must be contained within a single principal building. Such building may contain convenience shopping space, a restaurant, TV viewing and recreation lounges, rest room facilities, showers and dormitory space, but cannot be larger than 10,000 square feet in gross floor area.

b.

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

c.

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

d.

Truck parking areas must be at least 300 feet from any residential property and separated from adjoining residential property by a 200-foot wide landscape buffer.

A convenience store with fuel pumps is subject to the following in addition to the general requirements of this Section:

a.

The convenience store shall not exceed 3,000 square feet in gross floor area unless located on a State or U.S. numbered highway or other arterial road.

b.

There shall be no automotive repairs done on site.

c.

No video games shall be located on site.

The following provisions apply to accessory uses or structures in all zoning districts where the principal use is otherwise allowed, whether by right or through Special Use approval.

The following distances shall be maintained between the uses indicated and residential structures on neighboring properties within or between all zoning districts:

a.

The following agricultural structures or operations, when constructed or established, must be at least 600 feet from any residential structure, other than that which belongs to the owner of the poultry house, turkey range or feedlot and lagoon and at least 600 feet from any property line adjacent to residential zoning or use:

(1)

Active poultry houses larger than 10,000 square feet;

(2)

Turkey ranges or feedlots; and

(3)

Animal waste pits, litter composting or waste lagoons.

For the purpose of this paragraph, "active" shall mean having been in use for one of the above uses within the past 12-month period.

b.

The following agricultural structures or operations, when constructed or established, must be at least 500 feet from any residential structure:

(1)

Slaughter houses; and

(2)

Commercial stockyards.

c.

Junk yards: See Sec. 327.

d.

Horse riding stables: See Sec. 331.06.

e.

Structures for the on-site sale of agricultural products: See Sec. 357.

a.

When a new residential structure will adjoin an existing use, or a use for which a valid permit has been issued and construction is proceeding, that is listed under Sec. 302.01, the new residential structure shall not be located closer to the listed use than the separation distance required. This provision does not apply to a new residential structure to be owned and occupied by the owner of the listed use, or to construction on a lot of record existing as of January 1, 2003.

b.

When a residential subdivision is proposed, separation distances as may be required under this Section shall be established upon approval of a Preliminary Subdivision Plat. Subsequent changes in adjoining uses shall not affect the ability to locate a residence on any such lot (following Final Subdivision Plat recordation).

Following a review and recommendation by the Planning Commission, the Board of Commissioners may waive a separation otherwise required by this Section, or reduce its extent to an appropriate dimension, provided that the Board deems such waiver or reduction as adequate to protect the health, safety or general welfare of the public, and provided that reasonable objections from adjoining property owners shall be considered in making such waiver or reduction.

Any use that requires a federal or state permit due to the handling, storage, production or processing of bio-medical or hazardous materials, products or waste, if otherwise allowed in a zoning district, must obtain approval as a Special Use from the Board of Commissioners. The Special Use application shall include a copy of the application for the federal or state permit.

a.

Section 313 businesses. Any business that is required to file a Toxic Chemical Release Inventory report (Form R or Form A) under Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA, or Title III of the Superfund Amendments and Reauthorization Act of 1986, Public Law 99-499) is subject to Special Use approval in order to operate in Oconee County. An initial Form R or Form A must be included in the application for Special Use approval.

b.

Annual reporting required. A Section 313 Toxic Chemical Release Inventory report (Form R or Form A) shall be filed with the Code Enforcement Department annually when filed with the U.S. Environmental Protection Agency and the state. Failure to submit such report to the Development Code Enforcement annually may be grounds to void County approval through re-initiation of the Special Use approval.

Businesses that may be subject to EPCRA Section 313 are those businesses with ten or more full-time employees that manufacture, process or use any EPCRA Section 313 toxic chemical and that may be classified under any one of the following categories. Specific determinations are made under EPA rules on a business-by-business basis.

a.

Mining or manufacturing facilities. Businesses involved with toxic chemicals and engaged generally in any of the following industrial classifications:

(1)

Metal mining;

(2)

Coal mining;

(3)

Food and kindred products;

(4)

Tobacco products;

(5)

Textile mill products;

(6)

Apparel and other finished products made from fabrics and other similar materials;

(7)

Lumber and wood products (except furniture);

(8)

Furniture and fixtures;

(9)

Paper and allied products;

(10)

Printing, publishing and allied industries;

(11)

Chemicals and allied products;

(12)

Petroleum refining and related industries;

(13)

Rubber and miscellaneous plastics products;

(14)

Leather and leather products;

(15)

Stone, clay, glass and concrete products;

(16)

Primary metal industries;

(17)

Fabricated metal products, except machinery and transportation equipment;

(18)

Industrial and commercial machinery and computer equipment;

(19)

Electronic and other electrical equipment and components, except computer equipment;

(20)

Transportation equipment;

(21)

Measuring, analyzing and controlling instruments; photographic, medical and optical goods; watches and clocks; and

(22)

Miscellaneous manufacturing industries.

b.

Any facility that combusts coal or oil for the purpose of generating electricity for distribution in commerce.

c.

Any refuse system regulated under federal law.

d.

Wholesale establishments engaged in storing chemical or allied products, or petroleum terminals or bulk storage.

e.

Businesses primarily engaged in solvents recovery services on a contract or fee basis.

All single-family and two-family dwellings, including on-site built and industrialized housing and manufactured homes, shall meet or exceed the following requirements in order to be constructed, assembled, moved into, or relocated within Oconee County:

a.

The structure shall be attached to a permanent foundation constructed in accordance with the Building Code or State regulations, as applicable.

b.

Upon placement, all means of transportation, such as towing devices, wheels, axles, and hitches, shall have been removed.

c.

The area beneath the ground floor manufactured homes shall either be a slab foundation or shall be enclosed around the exterior of the structure with a foundation wall or a curtain wall constructed of finished masonry at least four inches thick, penetrated by openings only for installed vents, access doors, foundation drains, and other required features for the property function of appliances or equipment installed within the dwelling or directly adjacent to the dwelling. Penetrations through the foundation walls shall not compromise the structural integrity of the wall assembly. Skirting compliant with UDC Section 329.06(b)(5)(c) may also be used.

d.

Where raised slab foundations are allowed the slab shall be at least two feet above the finished grade. This requirement shall not apply to additions to an existing dwelling.

e.

Each manufactured home shall have tie-downs or other devices securing the stability of the manufactured home and shall be installed in accordance with the requirements of the Installation of Manufactured Homes and Mobile Homes rules and regulations established and published by the Georgia Safety Fire Commission (O.C.G.A. 8-2-160 et. seq.)

f.

All new single-family detached homes in Major Subdivisions (as defined in this UDC) or phases of a Major Subdivision that have a Final Plat approved after January 1, 2018 shall be constructed with either crawlspace or basement foundations. This requirement shall not apply to the following:

(1)

Age-Restricted Active Adult (55 and Older) Communities

(2)

Type A and Type B Life Plan Communities

(3)

Single-Family Detached homes in Minor Subdivisions (as defined in this UDC), on undivided acreage tracts, or in Major Subdivisions Phases having received a Final Plat prior to January 1, 2018.

(4)

Lots with existing predeveloped grades (as shown on the Land Disturbance Permit Application) with a maximum slope grade change of five percent in the building envelope.

(Res. of 2-4-2025(1), Exh. A)

At each exterior door there must be a landing that is a minimum of 36 inches by 36 inches.

Exterior siding materials shall consist of any combination of wood, brick, stucco or stone finish, shake shingle siding, custom log construction, vinyl certified by the Vinyl Siding Institute as conforming to the standards of ASTM D3679, or painted wood lap or fiber cement siding. Except for manufactured homes in the M-H zoning district, metal siding, corrugated metal and vinyl-covered metal siding are not permitted.

a.

All roof surfaces shall have a minimum pitch of 4:12 (4 inches of rise for every 12 inches of run), except that mansard and gambrel roofs must meet this requirement only for those surfaces that rise from the eaves.

b.

All roof surfaces exposed to view shall be covered with asphalt or fiberglass shingles, wood shakes or shingles, standing seam metal, clay tiles, slate, baked on enamel, galvanized tin, or similar materials.

c.

Minimum roof overhang shall be 12 inches, excluding gutters, along all sides of the structure.

The minimum width of the entire structure shall be greater than 16 feet. Structure width shall be measured between all parallel exterior walls, with the exception of extensions from the main structure for dormers, bay windows, entrance foyers and similar appurtenances, and extensions of no more than five feet for other architectural elements of the structure's design.

Deviations from the standards contained in this Section for a single-family or two-family dwelling or a manufactured home may be approved through special exception variance as outlined in the Appeals article of this Development Code.

(Res. of 06-06-2023 (3), Exh. A, 6-6-2023)

The dwelling shall be constructed in accordance with all applicable requirements of the Building Code as adopted by the County, or in accordance with standards established by the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401, et seq.) for manufactured homes, or in accordance with State law and regulations for industrialized buildings, whichever apply.

For special standards for a manufactured home to be classified as a "qualified manufactured home," see Sec. 329.06.

Every townhouse or multi-family development proposed to contain 50 dwelling units or more must include a community recreation amenity to serve the development, based on the number of dwelling units, in accordance with this Subsection.

a.

Unless otherwise established as a condition of zoning approval for the development or exempted by the Board of Commissioners, the recreation amenity shall be as required on the following Table 3.1.

b.

The proposed amenity area(s) and recreation amenities to be provided shall be submitted as part of the development site plan application for project approval as required under the Procedures and Permits of this Development Code.

c.

All required amenities shall be completed and available for use prior to issuance of a Certificate of Occupancy on more than 50 percent of the dwelling units in the development.

d.

Such amenities may not be developed within a Primary Conservation Resource Area as defined in the Environmental Protection Article of this Development Code.

Trash containers must be covered and be placed on a pad that shall be completely enclosed on all sides and screened from public streets and residential districts.

Buildings that are front face to front face or front face to back face shall not be less than 75 feet apart; buildings that are back face to back face shall not be less than 60 feet apart. No dwelling shall be situated as to face the rear of another dwelling structure within the development or on adjoining properties, unless differences in terrain and elevation would provide effective visual separation.

a.

Townhouses: No more than ten or fewer than three dwelling units can comprise a building.

b.

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

c.

Lofts and mixed-use buildings: Within a master planned development or a zoning district that is allowed to have lofts (dwelling units over retail or office space) or mixed-use arrangements of commercial and residential within the same building, the minimum floor area required for the dwelling units and the building heights will control the maximum number of units allowed.

a.

Townhouse development is to be designed, proposed and intended such that each dwelling unit therein is to be sold in fee simple as a condominium or with the land upon which the unit is located as an individual lot subdivided from all other lots.

b.

No more than three contiguous dwellings that form a part of a single building shall have the same setback or roof line. Said setback and roof line shall be varied by a minimum of two feet.

c.

Sidewalks shall be provided for each townhouse residential development to promote safe pedestrian access throughout the entire development.

d.

Driveways serving more than six units shall be paved to a minimum width of 20 feet, curbed and guttered. All driveways within the development shall be paved, curbed and guttered according to county specifications for public streets.

e.

Private, usable open space, such as balconies, sundecks, patios, etc., shall be provided contiguous to each dwelling unit. The area of such open space provided for each unit shall not be less than ten percent of the floor area of the unit served. The location and number of square feet shall be clearly indicated on the site plan.

The following standards apply to all office, retail, industrial, institutional and other nonresidential uses except farm structures in the agricultural zoning districts. Maximum lot coverage for nonresidential uses, excluding farm uses, in the agricultural zoning districts (AG, AR, AR-3) shall not exceed 70% of the lot. Lot coverage in other zoning districts for nonresidential uses shall be according to Table 4.1.

(Res. of 2-4-2025(1), Exh. A)

Trash containers must be covered and be placed on a pad that shall be completely enclosed on all sides and screened from public streets and residential districts. Dumpster enclosures shall be brick, stone, or stucco and be architecturally compatible with the primary structure. Evergreen vegetative screening shall also be provided with a minimum height of three feet at time of planting. Plant materials used for such screening must be in compliance with Table 8.2 of this Development Code.

All improved buildings or properties shall be posted with a street address number assigned by Oconee County. The street address number must be clearly visible from the street or road.

All non-residential principal buildings and retaining walls not exempt under this Section are required to adhere to the following building exterior finish standards unless greater restrictions in this Code apply.

a.

Unless otherwise approved by the Board of Commissioners as a condition of zoning, building façades shall have an exterior material consisting of the following: brick or brick face, natural or manufactured stone, architectural block, artificial stone panels, stucco, stucco finished metal panels, EFIS (e.g., dryvit™), glass, wood siding, or fiber cement lap siding with metal accent materials not to exceed 20% of each building face.

b.

The use of visible concrete block, painted block, split face block or poured concrete is specifically prohibited on all exterior wall faces. Where walls are structurally formed of such prohibited finish materials they must be completely finished per the requirements provided above.

c.

Refer to Sec. 355 for location and screening requirements of heating and air conditioning units, incidental storage, and other customary accessory uses for commercial and industrial uses.

(Res. of 2-4-2025(1), Exh. A)

All non-residential buildings, sites, and developments are required to direct all exterior lighting away from residential areas and street rights-of-way. Light structures greater than 30 feet in height shall be reviewed by the Planning Director. Illumination of any exterior area of a nonresidential development, including parking lots, areas under a canopy or roof, walkways and building entrances, shall be achieved using only full cutoff fixtures as defined in this Development Code. Lighting templates shall show 1.0 foot-candle or less at the property line, except where the adjoining property is commercial or industrial. Parking areas shall be properly illuminated for the safety of pedestrians and vehicles and for policing with a minimum illumination of 1.0 foot-candle for all portions of a parking space.

(Res. of 2-4-2025(1), Exh. A)

All non-residential buildings not exempt under this Section shall be constructed on-site and shall not be manufactured or prefabricated off-site unless approved by the Board of Commissioners as a special exception variance.

a.

Based on the experiences of other counties and municipalities, including, but not limited to, Austin, Texas and Garden Grove, California, which experiences are found to be relevant to the problems faced by Oconee County, Georgia; and based on the documentary evidence and oral testimony presented by a law enforcement professional and an expert in economic development, both of whom are familiar with conditions resulting in other localities, at the Board of Commissioners' hearing on January 28, 2003, and based on the evidence and testimony of persons who have appeared before members of the Oconee County Board of Commissioners on other occasions and on documentary evidence submitted to the Board of Commissioners, the Oconee County Board of Commissioners takes note of the well-known and self-evident conditions and secondary effects attendant to the commercial exploitation of human sexuality, which do not vary greatly among the various communities within our country.

b.

It is the finding of the Board of Commissioners of Oconee County that public nudity (either partial or total) under certain circumstances, particularly circumstances related to the sale and consumption of alcoholic beverages in establishments offering live nude entertainment or "adult entertainment," (whether such alcoholic beverages are sold on the premises or not) begets criminal behavior and tends to create undesirable community conditions. In the same manner, establishments offering cinematographic or videographic adult entertainment have the same deleterious effects on the community.

c.

Among the acts of criminal behavior found to be associated with the commercial combination of live nudity and alcohol, live commercial nudity in general, and cinematographic or videographic adult entertainment are disorderly conduct, prostitution, public solicitation, public indecency, drug use and drug trafficking. Among the undesirable community conditions identified in other communities with the commercial combination of live nudity and alcohol, commercial nudity in general, and cinematographic or videographic adult entertainment are depression of property values and acceleration of community blight in the surrounding neighborhood, increased allocation of and expenditure for law enforcement personnel to preserve law and order, and increased burden on the judicial system as a consequence of the criminal behavior herein above described. The Board of Commissioners finds it is reasonable to believe that some or all of these undesirable community conditions will result in Oconee County, as well.

d.

Furthermore, it is the finding of the Oconee County Board of Commissioners that other forms of adult entertainment including, but not limited to, adult book stores, adult novelty shops, adult video stores, peep shows, adult theaters, and massage parlors have an adverse effect upon the quality of life in surrounding communities.

e.

The Board of Commissioners finds that the negative secondary effects of adult entertainment establishments upon Oconee County are similar whether the adult entertainment establishment features live nude dancing or sells video tapes depicting sexual activities. In addition, the Board of Commissioners has been made aware of Gwinnett County's experience with the adult bookstore located within the County on Jimmy Carter Boulevard which has shown that a substantial amount of activity at that bookstore involves booths which an individual may enter, view videos depicting sexual activity, and sexually interact with a bookstore patron in an adjoining booth through a hole strategically placed in the wall of adjoining booths.

f.

The Board of Commissioners of Oconee County, Georgia, therefore finds that it is in the best interests of the health, welfare, safety and morals of the community and the preservation of its businesses, neighborhoods, and of churches, schools, residential areas, public parks and children's daycare facilities to prevent or reduce the adverse impacts of adult entertainment establishments. Therefore, the Board of Commissioners of Oconee County finds that licensing and regulations are necessary for any adult entertainment establishment. The Board finds that these regulations promote the public welfare by furthering legitimate public and governmental interests, including but not limited to, reducing criminal activity and protecting against or eliminating undesirable community conditions and further finds that such will not infringe upon the protected Constitutional rights of freedom of speech or expression. To that end, this Ordinance is hereby adopted.

Except as specifically defined herein, all words used in this Ordinance shall be as defined in the most recent edition of the New Illustrated Book of Development Definitions (Rutgers). Words not defined herein or in the above book shall be construed to have the meaning given by common and ordinary use, and shall be interpreted within the context of the sentence and Section in which they occur.

Adult Bookstore: Any commercial establishment in which more than ten square feet of floor space is used for the display or offer for sale of any book or publication, film, or other medium which depicts sexually explicit nudity or sexual conduct by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

Adult Entertainer: Any person employed by an adult entertainment establishment who exposes his or her "specified anatomical areas," as defined herein. For purposes of this section, adult entertainers include employees as well as independent contractors.

Adult Entertainment: Entertainment that is characterized by an emphasis on the depiction, display or the featuring of "specified anatomical areas."

Adult Entertainment Establishment shall be defined to include the following types of business:

1.

Any commercial establishment that employs or uses any person live, in any capacity in the sale or service of beverages or food while such person is unclothed or in such attire, costume or clothing, so as to expose any portion of his or her "specified anatomical areas," as defined herein.

2.

Any commercial establishment which provides live entertainment where any person appears unclothed or in such attire, costume or clothing as to expose any portion of his or her "specified anatomical areas" as defined herein or where such performances are distinguished or characterized by an emphasis on "specified sexual activities," as defined herein.

3.

Any commercial establishment which holds, promotes, sponsors or allows any contest, promotion, special night, event or any other activity where live patrons of the establishment are encouraged or allowed to engage in any of the conduct described in paragraphs 1 and 2 of this definition.

4.

Any commercial establishment having a substantial or significant portion of its stock in trade, books, magazines or other periodicals, videotapes or movies or other reproductions, whether for sale or rent, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" as defined herein or "specified anatomical areas" as defined herein or having a segment or section comprising more than ten square feet of its total floor space, devoted to the sale or display of such material or which derives more than five percent of its net sales from the sale or rental of such material.

5.

Any commercial establishment utilizing an enclosed building with a capacity of 50 or more persons used for cinematographic or videographic presentation of material distinguished by or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas", as defined herein, for observation by patrons therein.

6.

Any adult motion picture theater, adult motion picture arcade, adult mini-motion picture theater, adult bookstore, adult video store, adult hotel, or adult motel, as defined herein.

7.

The definition of "adult entertainment establishment" shall not include traditional or live theater (mainstream theater) which means a theater, concert hall, museum, educational institution or similar establishment which regularly features live performances which are not distinguished or characterized by an emphasis on the depiction, display, or description or the featuring of "specified anatomical areas" or "specified sexual activities" in that the depiction, display, description or featuring is incidental to the primary purpose Of any performance.

Adult Hotel or Motel: A hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

Adult Mini-Motion Picture Theater: An enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

Adult Motion Picture Arcade: Any place to which the public is permitted to be invited wherein paper currency, coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

Adult Motion Picture Theater: An enclosed building with a capacity of 50 or more persons, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

Adult Video Store: Any establishment having a substantial or significant portion of its stock in trade, video tapes or movies or other reproductions, whether for sale or rent, which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, or an establishment with a segment or section, comprising five percent of its total floor space, devoted to the sale or display of such material or which derives more than five percent of its net sales from videos which are characterized or distinguished or relating to specified sexual activities or specified anatomical areas.

Operator: The manager or other person principally in charge of an adult entertainment establishment.

Owner (of an Adult Entertainment Establishment): Any individual or entity holding more than a 30 percent interest in an adult entertainment establishment.

Premises, Adult Entertainment: The defined, closed or partitioned establishment, whether room, shop or building wherein adult entertainment is performed.

Specified Sexual Activities shall be defined to mean and include any of the following:

1.

Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship and any of the following sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

2.

Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; or

3.

Fondling or other erotic touching of nude human genitals, pubic region, buttocks or female breast; or

4.

Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or

5.

Erotic or lewd touching, fondling or other sexual contact with an animal by a human being.

Specified Anatomical Areas shall include the following:

1.

Less than completely and opaquely covered human genitals or pubic region, cleft of the buttocks, or female breast below a point immediately above the top of the areola; or

2.

Human male genitalia in a discernibly turgid state, even if completely and opaquely covered.

a.

An adult entertainment establishment may be open only between the hours of 10:00 a.m. and 11:00 p.m.

b.

An adult entertainment establishment licensee shall conspicuously display the license required by this ordinance.

c.

All dancing by adult entertainers at adult entertainment establishments shall occur on a platform intended for that purpose which is raised at least 18 inches from the level of the floor.

d.

All areas of an adult entertainment establishment licensed hereunder shall be fully lighted at all times patrons are present. Full lighting shall mean illumination equal to 3.5 foot candles per square foot.

e.

All adult entertainment which is licensed and permitted by this ordinance shall be carried on inside a closed building with all windows and doors covered so that the activities carried on inside cannot be viewed from the immediate areas surrounding the outside of the building.

f.

Each booth, room or cubicle shall be totally accessible to and from aisles and public areas of the establishment, and shall be unobstructed by any curtain, door, lock, or other control-type or view-obstructing devices or materials.

g.

Every booth, room or cubicle shall meet the following construction requirements:

(1)

Each booth, room or cubicle shall be separated from adjacent booths, rooms and cubicles and any nonpublic areas by a wall.

(2)

Have at least one side totally open to a public lighted aisle so that there is an unobstructed view at all times of anyone occupying same.

(3)

All walls shall be solid and without openings, extended from the floor to a height of not less than six feet and be light colored, nonabsorbent, smooth-textured and easily cleanable.

(4)

The floor must be light colored, nonabsorbent, smooth-textured and easily cleanable.

(5)

The lighting level of each booth, room or cubicle when not in use shall be a minimum of ten candles at all times, as measured from the floor.

h.

Only one individual shall occupy a booth, room or cubicle at any time. No occupant of same shall engage in any type of sexual activity, cause any bodily discharge or litter while in the booth, room or cubicle. No individual shall damage or deface any portion of the booth, room or cubicle.

i.

All adult entertainment establishments shall be kept in a clean, sanitary condition, and shall be in full compliance with all applicable ordinances and regulations of the County and the State.

j.

The Oconee County Fire Marshal shall have the authority to regularly inspect adult entertainment establishments, to determine compliance with and enforce all applicable fire, health and other codes of the County.

k.

The Oconee County Sheriff's Office shall have the authority to periodically inspect adult entertainment establishments to determine compliance with and enforce all provisions of this ordinance and other applicable ordinances, regulations and laws.

a.

No person, partnership, corporation or other entity shall advertise or cause to be advertised an adult entertainment establishment without a valid adult entertainment establishment license issued pursuant to this ordinance.

b.

No adult entertainment establishment licensee shall employ or contract with a person under the age of 18 years or an adult entertainer who has not obtained a permit pursuant to this ordinance.

c.

No adult entertainment establishment licensee shall serve, sell, distribute or suffer the consumption or possession of any alcoholic beverages, malt beverages or wine or controlled substance upon the premises of the licensee.

d.

No dancing or other performance by an adult entertainer at an adult entertainment establishment shall occur closer than four feet to any patron. No patron, customer or guest shall be permitted to touch, caress or fondle any specified anatomical area of or any part of the body or clothing of any adult entertainer. No patron shall directly pay or give any gratuity to any adult entertainer. No adult entertainer shall solicit any pay or gratuity from any patron.

e.

No adult entertainer, other employee, patron or other person at an adult entertainment establishment shall be allowed to engage in any specified sexual activity as defined herein on the premises of any adult entertainment establishment.

f.

No adult entertainer, other employee, patron or other person at an adult entertainment establishment shall, while on the premises of an adult entertainment establishment, commit the offense of public indecency as defined in Official Code of Georgia Annotated § 16-6-8.

For purposes of this section, distance shall be by airline measurement from property line, using the closest points on the property lines of the parcels of land involved. The term "parcel of land" means any quantity of land capable of being described by location and boundary, designated and used or to be used as a unit.

No adult entertainment establishment shall be located:

a.

Within 1,000 feet of any parcel of land which is used for residential uses or purposes ("residential area");

b.

Within 1,000 feet of any parcel of land on which a church, school, college campus, public park or children's daycare facility is located;

c.

Within 500 feet of any parcel of land upon which any establishment authorized to sell alcoholic beverages or malt beverages and wine for consumption on the premises is located;

d.

In any zoning district other than a B-1 or B-2 commercial district; or

e.

Within 1,000 feet of any parcel of land upon which another adult entertainment establishment regulated or defined hereunder is located.

a.

An adult entertainment establishment shall have a designated person(s) to serve as an on-premises operator. The operator(s) shall be principally in charge of the establishment and shall be located on the premises during all operating hours.

b.

Employees of an adult entertainment establishment shall be not less than 18 years of age.

c.

No employee employed as an adult entertainer shall have been convicted of an offense involving keeping a place of prostitution, pandering, pimping, public indecency, prostitution, sodomy, solicitation of sodomy, masturbation for hire, sexual battery, rape, child molestation, enticing a child for indecent purposes, or any offense included in the definition of a "criminal offense against a victim who is a minor" as defined in Official Code of Georgia Annotated Section 42-1-12 within the five years immediately preceding the proposed employment at or by an adult entertainment establishment. Any adult entertainer who is convicted of any such crimes while employed as an adult entertainer shall not thereafter work on any licensed premises for a period of five years from the date of such conviction, unless a longer time is ordered by a court of competent jurisdiction. The term "licensed premises" shall mean the premises where an adult entertainment establishment for which a license is obtained pursuant to this ordinance operates, conducts or carries on its business. The term "convicted" shall include an adjudication of guilt or a plea of guilty or nolo contendere or the forfeiture of a bond when charged with a crime in a court of competent jurisdiction.

d.

Before any person may work as an adult entertainer on a licensed premises, as defined in Sec. 307.02, he or she shall file a notice with the Oconee County Sheriff's Office of his or her intended employment on forms supplied by the Oconee County Sheriff's Office and shall receive a permit for such employment from the Oconee County Sheriff's Office.

e.

The prospective employee shall supply a signed and notarized consent, on forms prescribed by the Georgia Crime Information Center, authorizing the release of his or her criminal records to the Oconee County Sheriff's Office. The prospective employee shall also provide a list of all of his or her convictions of offenses described in Sec. 307.06.c (including pleas of nolo contendere) within the past five years. The Oconee County Sheriff's Office shall approve or deny the permit within 15 days of the application. If the prospective employee is found to meet the requirements of this Section, then upon payment of the permit fee, the Oconee County Sheriff's Office shall issue a permit approving such employment within 48 hours.

f.

If such permit is not issued within 48 hours of such finding, the employee seeking the permit may commence work at the adult entertainment establishment which is the subject of the permit application without such a permit. Upon receipt of a permit, the employee may begin working on the licensed premises.

g.

If approval is denied, the Oconee County Sheriff's Office shall provide the prospective employee the reasons for the denial and the prospective employee may, within ten days of said denial, appeal to the Board of Commissioners, which shall uphold or reverse the decision within 30 days of such appeal.

h.

The annual permit fee shall be $25.00.

a.

Violation by an adult entertainer of the provisions of this ordinance and/or conviction of an offense described in Sec. 307.06.c shall subject an adult entertainer to suspension or revocation of the permit for employment. Whenever the Code Enforcement Director finds that reasonable grounds exist to suspend or revoke a permit for employment issued hereunder, the Code Enforcement Director shall schedule a hearing before the Board of Commissioners to consider such action and shall notify the employee at least 20 days prior to the hearing of the time and place of the hearing and the proposed action and grounds therefor.

b.

The employee shall be entitled to present evidence and cross-examine witnesses with or without legal counsel. The Board of Commissioners shall make its decision within ten days of the hearing and shall notify the employee promptly in writing. In the event that a permit for employment is suspended or revoked by the Board of Commissioners, a $50.00 appeal cost shall be assessed against the permit holder.

c.

For the purpose of this ordinance, independent contractors working as adult entertainers shall be considered as employees and shall be required to satisfy the provisions of this ordinance relating to employees of adult entertainment establishments, regardless of the business relationship with the owner or licensee of any adult entertainment establishment.

It shall be unlawful for any person, association, partnership, or corporation to operate, engage in, conduct, or carry on, in or upon any premises within the unincorporated area of Oconee County an adult entertainment establishment as defined in this ordinance without first procuring an annual license in accordance with the provisions this Development Code. See the Procedures and Permits Article for details.

Any adult entertainment establishment operated, conducted or maintained contrary to the provisions of this ordinance shall be and the same is hereby declared to be unlawful and a public nuisance. The County may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings for abatement, removal or enjoinment thereof in the manner provided by law. It may take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such adult entertainment establishment and restrain and enjoin any person from operating, engaging in, conducting or carrying on an adult entertainment establishment contrary to the provisions of this ordinance.

Accessory uses or structures shall be permitted only in rear yards and side yards, and between the minimum front setback for a principal building and the principal building itself, except as otherwise provided in this Development Code. Exceptions will be granted to well houses which are constructed over wells located in the minimum front yard, satellite TV antenna less than one meter in diameter, and other uses and structures as specified in this Section.

a.

Where an accessory building is attached to a principal building by a common wall, the accessory building shall be considered an integral part of the principal building and must comply with setbacks and other requirements as applicable to the principal building.

b.

When an accessory building is attached to a principal building by breezeway, passageway, or similar means, it shall comply independently with the setback, separation and other requirements applicable to the principal building to which it is accessory.

c.

No accessory use or structure shall be allowed on any lot except in relation to an existing principal use on the lot. If the lot is vacant, no accessory building, structure, or use shall be built upon a lot until construction of the principal building has commenced.

a.

Any accessory building to a residence in a residential zoning district that exceeds 1,000 square feet of gross floor area must have Special Exception Variance approval by the Board of Commissioners as to the location, architectural design, and size prior to commencing construction. Residential properties larger than three acres shall be exempt from this requirement.

b.

An accessory use shall not occupy more than 30 percent of a side or rear yard.

Except as specifically regulated under this Section, see the setback and height restrictions for accessory buildings and structures in the Lot and Building Standards Article of this Code.

Each of the following is considered to be a customary accessory use to a dwelling and may be situated on the same lot with the principal use that it serves, subject to more restrictive standards that may apply under this Section.

a.

Private garage or carport. A private freestanding (detached) garage or carport is allowed, and must be at least 200 feet from the nearest street right-of-way or it must be in the rear or side yard. An exemption from this requirement may be approved by special exception variance as outlined in the Appeals article of this development code.

b.

Outdoor parking area, except that no automobiles not in operating condition shall be parked between the residence and the street or streets it adjoins. All cars not in operating condition shall be parked in the rear yard or in a garage or carport. All automobile parts shall be stored within a garage or storage building.

c.

Utility or storage buildings.

(1)

In the R-3 and M-H zoning districts, a shed or tool room for the storage of supplies and equipment used in grounds or building maintenance shall not exceed 1,000 square feet. Metal buildings over 500 square feet require a Special Use approval.

d.

Radio, television and telecommunications devices, as follows:

(1)

Any device designed for over-the-air reception of radio or television broadcast signals, or direct broadcast satellite service.

(2)

Any tower and antenna under 70 feet in total height that is owned and operated by an amateur radio operator licensed by the Federal Communications Commission.

(3)

Radio, television and telecommunications devices shall meet the same setbacks as for principal buildings for the zoning district.

e.

Children's playhouse, playground and play equipment.

f.

Quarters for the keeping of domestic pets (such as a doghouse) owned by the occupants of the dwelling for non-commercial purposes. Pens housing dogs shall be a minimum of 25 feet from all property lines. For kennels, see Sec. 314.

g.

When allowed, a barn, shed, pen, corral, other structure to house, shelter, or confine farm animals such as horses, mules, ponies, sheep, goats, rabbits, or poultry provided said structure to be placed in the rear yard and be at least 100 feet from every property line. Additional distance may be required by Sec. 302.

h.

When allowed, a barn used only to store farm equipment, supplies or crops must be behind the dwelling and at least 50 feet from any property line. Additional distance may be required by Sec. 302.

i.

Home swimming pools. Home swimming pools may be installed in the AG, AR-3, AR, R-1, R-2, R-3, and M-H Residential Districts. No swimming pool shall be installed or maintained unless:

(1)

Private residential pools as accessory uses on individual residential lots are defined as follows: Private residential swimming pools include all constructed pools which are used or intended to be used as a swimming pool in connection with one single-family residence and available only to the residents of the single-family home and private guests.

(2)

There shall be erected and maintained a good quality fence not less than 4 feet in height, enclosing the entire portion of the premises upon which such pool shall be installed and entirely surrounding the area in which such pool is located. If an automated pool cover is installed in accordance with the state building code, this section shall not apply.

(3)

Every gate or other opening in the fence enclosing such pool, except an opening through the dwelling or other main building of the premises, shall be kept securely closed and locked at all times when the owner or occupant of the premises is not present at such pool. Gates or other openings except through the dwelling shall be self closing and self latching. If an automated pool cover is installed in accordance with the state building code, this section shall not apply.

(4)

Such pool shall not be erected closer than ten feet from the rear and side property lines of the premises, or within the front yard. For corner lots and double-frontage lots, home swimming pools may be placed in the front yard if approved by special exception variance as outlined in the Appeals article of this Development code.

(5)

If the water for such pool is supplied from a private well, there shall be no crossconnection with a public water supply system.

(6)

If the water for such pool is supplied from a public water supply system, the inlet shall be above the overflow level of the pool.

(7)

No permit shall be issued for the installation of any swimming pool, unless the drainage of such pool is adequate and will not interfere with any public water supply system, with existing sanitary facilities or with the public highways.

j.

Personal recreational facility accompanying a residence on a lot, such as a Jacuzzi™, tennis court, deck or patio.

k.

Noncommercial greenhouse not more than one story tall and 180 square feet in size, located in the side or rear yard.

l.

Fences (but no fence shall contain any barbed wire unless used to confine one or more horses or similar animals) and freestanding walls, subject to the setback and height restrictions in the Lot and Building Standards Article of this Code.

m.

Garbage pad, heating and air conditioning units.

n.

Incidental storage is permitted provided that the material stored is incidental to the permitted use and is stored completely within a portion of the enclosed, principal structure permitted within the district or within permitted accessory structures. Adherence to the National Fire Protection Association Code 30 for flammable and combustible materials must be met including Chapter 4 of that code dealing with container storage and NFPA Code 101 (Life Safety Code).

o.

Personal art studio or workshop.

p.

Personal horse stable, subject to Sec. 349.

q.

Home occupations, subject to Sec. 350.

r.

Guest house, in compliance with Sec. 351.

(Res. of 06-06-2023 (3), Exh. A; Res. of 2-4-2025(1), Exh. A)

A building for the housing, shelter, maintenance or feeding of horses as an accessory use to a residence is subject to the following:

a.

A personal horse stable on a residential lot shall not contain more than four stalls.

b.

Such stable shall be established on a lot having an area of not less than two acres for one horse, and an additional one full acre for each additional horse kept on the property.

c.

The horse stable and any corral or designated riding area shall be located at least 100 feet from any property line.

d.

All animals shall be maintained within a fully fenced area.

e.

Horse stables with five or more stalls are allowed within an equestrian oriented subdivision for the common use of all residents in the subdivision as a development amenity. See Sec. 320.02 for provisions relating to development amenities.

A home occupation is permitted as an accessory use of any dwelling provided it meets the restrictions of this Section.

A home occupation is any activity carried out for profit by the resident and conducted as an accessory use in the resident's dwelling unit. A home occupation is further defined as one of the following:

a.

Home Office: A home occupation that is limited to an office use and does not involve visits or access by the public, suppliers or customers, and does not involve the receipt, maintenance, repair, storage or transfer of merchandise at the home.

b.

Home Business: A home occupation that is limited to the use of a practicing professional or artist, or to the office use of the operator of a business, and may involve very limited visits or access by clients or customers and the maintenance, repair, storage or transfer of merchandise received at the home. Operation of a for-profit agricultural activity or a farm is not considered a home business.

c.

Family day care home: A home occupation in which the occupant of the dwelling provides supervision and non-medical care for up to six children or elderly adults with no overnight stays.

a.

Permitted activities.

(1)

A home office shall be limited to the personal conduct of a business within one's place of residence, subject to the provisions of this Subsection.

(2)

A home office is allowed by right as an accessory use to a residential dwelling.

b.

Limitations on size and location.

(1)

The floor area devoted to the home office must not exceed 25 percent of the gross floor area of the dwelling unit or 500 square feet (whichever is less). This limitation applies to the aggregate floor area of all areas devoted to the home office, whether located within the dwelling or in an accessory structure.

(2)

There shall be no activity or display associated with the home office outside of any building or structure, other than one wall sign having a sign face of no more than one square foot.

(3)

The home office shall be located and conducted in such a manner that the average neighbor under normal circumstances would not be aware of its existence.

c.

Activity controls.

(1)

Sales. There shall be no exchange of merchandise between seller and buyer on the premises.

(2)

Transfer of goods. There shall be no goods, products or commodities received on the premises intended for resale or delivery to customers except by U.S. Mail or parcel service.

(3)

Personal services. There shall be no activities on the premises that provide personal services such as a barber shop, beauty shop, hairdresser or similar activities.

(4)

Manufacturing. There shall be no manufacturing, assembly or fabrication of products on the premises conducted as an occupation or commercial venture.

(5)

Employees.

(a)

There shall be no associates or employees on the premises other than other members of the family who reside on the premises.

(b)

Any off-site employees of the business shall not congregate on the premises for any purpose concerning the occupation.

(6)

Outsiders and nonresidents on the premises. There shall be no nonresident persons on the premises in conjunction with the home office.

(7)

Parking and storage.

(a)

No materials, equipment or business vehicles shall be stored or parked on the premises unless they are confined entirely within the residence or an enclosed garage, except that one business vehicle (the carrying capacity of which shall not exceed one and one-half tons) used exclusively by the resident may be parked in a carport, garage or rear or side yard. This shall not include earth-moving equipment or a wrecker, dump truck, flatbed truck, tow truck, or any truck with more than six wheels or more than two axles, or any van capable of carrying more than 15 passengers, including the driver.

(b)

There shall be no parking spaces provided or designated specifically for the home office.

(8)

Lights and nuisances. There shall be no exterior lighting of the building or property or noise audible from the exterior of the building through use of the home office that is not in character with a residential neighborhood.

The provisions of this Sec. 350.03 shall apply to home businesses in all zoning districts where otherwise allowed (with the exception of any for-profit agricultural activity or a farm), and by Special Use approval within the R-1, R-2, R-3 and M-H zoning districts:

a.

Permitted activities.

(1)

A home business shall be limited to the personal conduct of a business within one's place of residence, subject to the provisions of this Subsection.

(2)

A home business is allowed as an accessory use to a residential dwelling located within the R-1, R-2, R-3, and M-H zoning districts upon approval as a Special Use.

(3)

The home business must be operated by the owner of the property on which the home business is to be located, or must have written approval of the owner of the property if the operator is a tenant.

b.

Limitations on size and location.

(1)

The floor area devoted to the home business must not exceed 25 percent of the gross floor area of the dwelling unit or 700 square feet (whichever is less). This limitation applies to the aggregate floor area of all areas devoted to the home office, whether located within the dwelling or in an accessory structure.

(2)

There shall be no activity or display associated with the home business outside of any building or structure, other than one wall sign having a sign face of no more than one square foot.

(3)

The home business shall be located and conducted in such a manner that the average neighbor under normal circumstances would not be aware of its existence.

(4)

The building in which the home business is to be located must be an existing structure and not a proposed structure. No new structures may be constructed specifically for the home business. No exterior alteration of the residence or accessory buildings shall be made.

c.

Activity controls.

(1)

Sales. There shall be no exchange of merchandise between seller and buyer on the premises except for items produced in the home.

(2)

Transfer of goods. There shall be no goods, products or commodities received on the premises intended for resale or delivery to customers except by U.S. Mail or parcel service.

(3)

Personal services. Personal service occupations shall be limited to the practice of a profession, artistic production or instruction, educational or personal tutoring, personal grooming such as a barber shop, beauty shop or hairdresser, and pet grooming. Specific services to be provided may be limited or otherwise allowed as a condition of Special Use approval.

(4)

Manufacturing.

(a)

There shall be no manufacturing, assembly or fabrication of products on the premises other than items of artistic value or items normally produced in a home, such as baked goods or woodworking products.

(b)

No mechanical equipment shall be used for the home business except such equipment as is customary for household, artistic and hobby purposes.

(5)

Employees.

(a)

Only persons living in the dwelling unit plus one nonresident employee shall be located on the premises.

(b)

Any off-site employees of the business shall not congregate on the premises for any purpose concerning the occupation.

(6)

Outsiders and nonresidents on the premises. Outsiders and nonresidents on the premises in conjunction with the home business shall be limited to those receiving personal services in the home (as specified above), purchasers of items produced in the home, and one employee.

(7)

Parking and storage.

(a)

No materials, equipment or business vehicles shall be stored or parked on the premises unless they are confined entirely within the residence or an enclosed garage, except that one business vehicle (the carrying capacity of which shall not exceed one and one-half tons) used exclusively by the resident may be parked in a carport, garage or rear or side yard. This shall not include earth-moving equipment or a wrecker, dump truck, flatbed truck, tow truck, or any truck with more than six wheels or more than two axles, or any van capable of carrying more than 15 passengers, including the driver.

(b)

No more than one vehicle of any business customer or client may park at the location of the home occupation at any time.

(8)

Lights and nuisances.

(a)

There shall be no exterior lighting of the building or property that is not in character with a residential neighborhood.

(b)

No home business shall create noise, dust, vibration, smell, smoke, electrical interference, fire hazard, or any other hazard or nuisance to a greater or more frequent extent than that usually experienced in an average residential occupancy.

d.

Expiration of Special Use approval. Special Use approval for a home business shall expire under the following conditions:

(1)

Whenever the applicant ceases to occupy the premises for which the home occupation was approved, no subsequent occupant of such premises shall engage in any home business until he shall have been issued a new Special Use approval.

(2)

Whenever the holder of such permit fails to exercise the same for a period of six consecutive months.

Day care for up to six children as an accessory use to a residence is subject to the following requirements:

a.

Care shall be limited to fewer than 24 hours per day.

b.

A maximum of five children or elderly adults for whom compensation is received, or no more than six children or elderly adults if the structure meets the Building Code requirements for institutional uses.

c.

For purposes of this section only, children who are related by blood, marriage or adoption to the childcare provider shall not be included in the calculation of the six children limitation, with the total maximum of no greater than eight children at any one time.

d.

The family day care home must be registered with the day care licensing division of the Georgia Department of Human Resources and proof of such registration must be submitted to, and maintained current with, the Code Enforcement Department.

e.

The registered family day care home operator must be a full-time resident of the premises where the family day care home is located.

f.

The family day care home shall comply with all provisions relating to a home business under Sec. 350.03, except that there shall be no employees.

g.

No off-street parking other than that required for the residential use under the Parking and Loading Article of this Code may be provided.

h.

All outward appearance of the day care use shall be prohibited other than normal play equipment associated with a residence.

A detached dwelling unit that is used primarily for sleeping purposes by relatives, domestic employees or temporary guests of the family occupying the principal home on the lot must meet the following minimum requirements:

a.

The guest house must be an accessory use to a dwelling already existing on the lot.

b.

Minimum standards:

(1)

The placement of a guest house on a lot shall not result in the violation of the lot coverage maximums applicable to the zoning district in which it is located.

(2)

The water supply and sanitary sewage disposal system for the lot must be certified as adequate to support the guest house in combination with the main house.

(3)

Adequate parking as outlined within this code must be provided specifically for the guest house. Access shall be provided through the principal dwelling unit's existing driveway for lots in Major Subdivisions that follow the standards for a driveway on a residential lot.

(Res. of 2-4-2025(1), Exh. A)

a.

Guest houses shall be architecturally compatible with the main unit.

b.

No more than one guest house may be located on any lot.

c.

For lots less than five acres in size, the guest house must be placed to the rear of the main house or may be placed in the side or front yard if approved by special exception variance as outlined in the Appeals article of this Development Code. For lots greater than five acres in size, guest houses may be placed in any yard.

d.

The floor area of the guest house shall not exceed 50 percent of the existing heated floor area of the principal residence.

(Res. of 06-06-2023 (3), Exh. A, 6-6-2023; Res. of 12-05-2023 (1), Exh. A, 12-5-2023)

a.

The garage apartment must be located inside a detached garage for a dwelling already existing on the lot.

b.

Minimum standards:

(1)

The placement of a garage apartment on a lot shall not result in the violation of the lot coverage maximums applicable to the zoning district in which it is located.

(2)

The water supply and sanitary sewage disposal system for the lot must be certified as adequate to support the garage apartment in combination with the main house.

(3)

Adequate parking as outlined within this code must be provided specifically for the garage apartment. Access shall be provided through the principal dwelling unit's existing driveway.

a.

Garage apartments must be located within a structure architecturally compatible with the main unit.

b.

For lots less than five acres in size, detached garages containing garage apartments must be placed to the rear of the main house or may be placed in the side or front yard if approved by special exception variance as outlined in the Appeals article of this Development Code. For lots greater than five acres in size, detached garages containing apartments may be placed in any yard.

c.

The floor area of the garage apartment shall not exceed 50 percent of the heated floor area of the principal residence.

(Res. of 06-06-2023 (3), Exh. A, 6-6-2023; Res. of 12-05-2023 (1), Exh. A, 12-5-2023)

a.

Location Allowed/Prohibited. Short Term Rentals are prohibited in all zoning districts, except where specifically allowed in Article 2 of this Development Code.

Nothing contained in this section shall be construed to prohibit motels, hotels, inns and other commercial lodging uses from being located in commercial zoning districts or where otherwise specifically allowed.

b.

Tenancy. The maximum time period a Short Term Rental may be rented is 30 days. With the exception of AG-zoned properties, no Short Term Rental may be rented more than once during the same 30-day period.

c.

Regulations Applicable to Short Term Rentals. In addition to the licensing requirements and other requirements set forth herein, the following regulations apply to Short Term Rentals:

(1)

Annual Inspection: The property must be inspected each year prior to the issuance of a license for a Short Term Rental;

(2)

Parking: Off street parking is required for every Short Term Rental. One paved off-street parking space is required per room qualifying as a bedroom for Short Term Rentals. To qualify as a parking space, the minimum dimensional requirements must include a useable rectangular area of nine feet wide by 19 feet long, exclusive of any other area counted as a parking space. The number of vehicles allowed during a Short Term Rental tenancy shall not exceed the number of parking spaces available on the property. For the purposes of this ordinance, any type of trailer, boat and/or recreational vehicle shall also be counted as one vehicle, separate from the vehicle used to transport the trailer, boat and/or recreational vehicle;

(3)

Trash: All trash must be disposed of properly. No trash may be disposed of on the property. If curbside trash pickup is available, a limit of three rolling trash cans not to exceed 65 gallons each may be utilized for property with a Short Term Rental. Use of commercial or roll-off dumpsters on a property with a Short Term Rental is prohibited;

(4)

Fire Extinguishers: At least one ten lb. ABC fire extinguisher must be located on each level of the structure and must be clearly visible or marked with appropriate signage. Fire extinguishers must be certified annually by a licensed fire extinguisher company;

(5)

Smoke Detectors: A smoke detector must be installed in each bedroom and on each level of the structure. All smoke detectors must be interconnected;

(6)

Short Term Rentals shall be operated by the owner of record of the subject property who shall also be a Resident of the subject property and who shall be residing overnight on the property while Short Term Rental guests are present. The name, address and telephone number(s) of the owner shall be submitted to the Oconee County Planning and Code Enforcement Department, the Oconee County Sheriff's Office, the Oconee County Fire Department, as well as the closest volunteer Fire Station, and to the property owners located within a 300 foot radius of the property. The name, address and telephone numbers shall be permanently posted in the rental unit in a prominent location(s). Any change in the owner's address or telephone number shall be promptly furnished to each of these agencies and neighboring property owners as specified in this Section. If the owner is unavailable or fails to respond, the complaining or questioning party may contact the Oconee County Sheriff's Office. In cases where the Oconee County Planning and Code Enforcement Department is unable to reach the owner, the penalties as set forth in this Section shall apply.

(7)

The property shall not contain signs advertising the Short Term Rental;

(8)

If meals are served by the resident owner, no meals other than breakfast may be served to the paying guest;

(9)

The resident owner of the subject property must keep a current guest register including names, addresses, telephone numbers and dates of occupancy of all guests;

(10)

The resident owner shall provide a rental packet containing applicable County rules and restrictions specified in the Short Term Rental License, as well as pertinent unit safety information and contact information to guests when they book the Short Term Rental Unit and shall prominently display the license, rules, safety and contact information inside the unit;

d.

License Required. All Short Term Rentals require an annual Short Term Rental License which shall be issued at the same time as the Occupational Tax Certificate and shall be noted on such Certificate. Short Term Rental Licenses are good for one calendar year. An applicant must apply each year and pay the license fee set by the Board of Commissioners. The license fee may not be pro-rated. Short Term Rental Licenses shall not renew, and an applicant must reapply each year to continue operating as a Short Term Rental. Short Term Rental Licenses are non-transferable, and such licenses automatically terminate upon a change of ownership of the property on which a Short Term Rental is located.

e.

Standards for Granting a License. The following standards shall be used to determine whether an application for Short Term Rental will be granted or denied:

(1)

Applicant must prove ownership of the property;

(2)

Short Term Rentals must be allowed in the zoning district in which the property is located;

(3)

Applicant must show compliance with requirements contained in this Section through inspection of books and records;

(4)

Applicant must not have been convicted of a crime of moral turpitude within the ten years prior to the application;

(5)

Applicant must not have been convicted of violating any provisions of this Section or this Development Code within 18 months of the application.

f.

The Short Term Rental shall not be expanded beyond the specific rooms which are designated as part of the Short Term Rental plans relied upon by the Planning and Code Enforcement Department in approving the Short term Rental license.

g.

Application procedure. New applications shall include all items required on the Short Term Rental License Application including the following:

(1)

The location and name of the owner of record;

(2)

An application fee;

(3)

Floor plans drawn to scale of the habitable structures on the property that clearly designate all rooms to be used by Short Term Rental guests, and the specific room or rooms to be used by guests for sleeping;

(4)

A site plan of the lot showing the location of the proposed residential Short Term Rental unit and the required off-street parking spaces and driveways;

(5)

A photograph or photographs of the current principal view or views of the structure where the residential Short Term Rental unit is to be located; and

(6)

A statement which the resident owner must sign acknowledging that he or she has reviewed and understands the requirements of this Section and the associated violations.

The use of property in violation of the provisions of this Section shall constitute a violation of this Development Code, and the penalties shall be in accordance with Article 14 of this Development Code. Additionally, any violation of this Section may result in the revocation of any Short Term Rental License issued hereunder.

If the property manager or local contact person is not able to be reached by the Planning and Code Enforcement Department more than three times in any consecutive six month period, this shall be grounds for revocation of the Short Term Rental License.

h.

Taxes. Short term rental unit owners are subject to state sales tax, county taxes, including but not limited to the hotel/motel tax, and are liable for payment thereof as established by state law and this Development Code. Oconee County may seek to enforce payment of all applicable taxes to the extent provided by law, including injunctive relief.

Development amenities such as a clubhouse, exercise equipment, recreational facilities such as a swimming pool or tennis courts, common laundry facility, rental or management office, central mail box pavilion, dumpster or designated recycling collection location incidental to and located on the same property as a townhouse or multi-family development or manufactured home park, are allowed subject to the following provisions. (See also Sec. 320.02 for amenity areas in a development, such as a residential subdivision, located on a separate lot.)

a.

The development amenities shall be for the exclusive use of the occupants of the residential subdivision, townhouse or multi-family development or a manufactured home park.

b.

Before any public, semi-public, community, or neighborhood swimming pool is opened for use it shall be required to meet the state regulations for public swimming pools.

c.

Development amenities must be located within the principal building setbacks, except for mail box pavilions.

d.

Outdoor recreation activities shall cease by 11:00 P.M.

e.

Signage and advertisement for any commercial purposes shall not be visible outside the development or intended to attract off-site customers.

f.

Recreation amenities to be located on a separate lot in the development shall comply with the requirements of Sec. 320.02 in lieu of the provisions of this Sec. 353.

a.

Location. The location of the CBU within the subdivision must follow federal standards and guidelines. CBU locations must be agreed upon and approved by the local USPS Postmaster or the local USPS Growth Manager, in coordination with the developer or builder. CBUs may be located:

(1)

On a lot within an easement;

(2)

On a lot dedicated to a homeowner's association;

(3)

In an area dedicated for open space;

(4)

On a public access easement obtained by the developer, or;

(5)

Located using any alternative method that must be authorized by the USPS Growth Manager prior to design and construction implementation. Proof of alternate method authorization must be provided for review.

When either new residential or commercial developments are in the design phase, developers or architects must meet with the USPS Growth Manager to ensure that safe and durable receptacles are properly located and specified in conformance with USPS regulations.

CBUs must be safely located so that customers are not required to travel an unreasonable distance to obtain their mail and so there is sufficient access to mailbox locations with adequate space for carriers to deliver and customers to retrieve the mail.

CBUs must be located within the subdivision on the right-hand side of roadway access in the direction of travel and must be able to be serviced by USPS carriers without interference from swinging or open doors. CBUs shall not be placed in the Right of Way (ROW) of any public road.

b.

Parking/Access. In addition to any requirements for parking specified in Article 6 Parking and Loading, or any accessibility guidelines pertaining to the Americans with Disabilities Act (ADA), the following ratio table must be met:

c.

Maintenance. CBU's are to be maintained by the Homeowners Association (HOA) or managing entity. The developer shall be responsible for confirming the logistics of regular mail delivery to CBU's with the USPS. As such, CBU design shall be subject to final approval by the USPS.

d.

Landscaping/Screening. CBU's must meet the requirements set forth in Article 8, Landscaping and Buffers.

e.

Signs. Signs shall be permitted on CBU's for the sole purpose of official mail delivery to a subdivision. Signs must meet standards set forth in Article 7 Sign Regulations.

f.

Lighting. Adequate lighting shall be provided by the HOA or managing entity. Lighting shall be such that it is not directed onto any adjacent properties or ROW.

(Res. of 12-05-2023 (1), Exh. A, 12-5-2023)

a.

Meeting facilities.

b.

Administrative offices for on-site staff.

c.

A rectory or parsonage for the housing of the pastor, priest, minister, rabbi, etc.

(1)

Minimum building separation of 15 feet from primary structure required.

(2)

Customary accessory uses associated with a dwelling are allowed.

d.

Religious classrooms, church schools and related facilities. A church or other place of worship may have an accessory school or religious exempt nonpublic postsecondary institution with the following minimum requirements:

(1)

Minimum lot size of three acres for the school in addition to the minimum lot size requirement for the church or other place of worship.

(2)

When abutting any agricultural or residential zoning district, a landscape buffer meeting the requirements for an office or institutional use in the Landscaping and Buffers Article of this Code shall be provided.

(3)

Religious exempt nonpublic postsecondary institution shall only be allowed as an accessory use to community scale church.

e.

Cemeteries and mausoleums. A church or other place of worship may have an accessory cemetery with the following minimum requirements:

(1)

Minimum lot size of five acres for the cemetery in addition to the minimum lot size requirement for the church.

(2)

When abutting any agricultural or residential zoning district, a landscape buffer meeting the requirements for an office or institutional use in the Landscaping and Buffers Article of this Code shall be provided.

f.

Accessory day care. An accessory group day care facility or day care center shall comply with the applicable requirements of Sec. 321, as well as the following minimum requirements:

(1)

Minimum lot size of three acres for the day care use in addition to the minimum lot size requirement for the church or other place of worship.

(2)

When abutting any agricultural or residential zoning district, a landscape buffer meeting the requirements for an office or institutional use in the Landscaping and Buffers Article of this Code shall be provided.

g.

Within the B-1 and B-2 zoning districts, a community food or housing shelter may be located in a church or other place of worship as an accessory use, provided it meets the applicable minimum standards of the Community Food and Housing Section of this Article.

The following accessory uses are permitted in the commercial and industrial zoning districts:

a.

Heating and air conditioning units subject to the following conditions:

(1)

When abutting any residential property line, heating and air conditioning units shall not be located in any required setback for principal buildings.

(2)

When abutting any other non-residential district, heating and air conditioning units shall not be closer than ten feet to a side or rear lot line.

(3)

Heating and air conditioning units may be installed on a roof of any structure in the commercial and industrial zoning districts so long as the heating and air conditioning units do not exceed the height restrictions of the zoning district in which the building is located, and they are screened from a side or front view.

(4)

Ground based air conditioning and heating units shall not exceed 35 feet in height.

b.

Incidental storage. Incidental storage, provided that the material stored is incidental to the permitted use, and is stored completely within a portion of the enclosed, principal structure permitted in the district or within the permitted accessory structure. Adherence to the National fire Protection Association Code 30 for flammable and combustible materials must be met including Chapter 4 of that code dealing with container storage, and NFPA Code 101 (Life Safety Code).

c.

Free standing parking garages, subject to the following conditions:

(1)

When abutting any residential property line, free standing parking garages shall not be located within any required building setback for a principal building.

(2)

When abutting other nonresidential districts, freestanding parking garages shall not be closer than ten feet to any rear or side property line.

d.

Manufacturing and fabrication as an accessory use. If undertaken as an accessory use to a retail use allowed by right in a commercial zoning district, such as a jewelry store or pottery, the manufacturing or fabrication activity may occupy no more than 25 percent of the gross floor area or 1,000 square feet (whichever is less). All such products manufactured or fabricated on the premises must be sold on the premises as a retail activity.

e.

Ancillary Retail Sales. The retail sale of goods and services as an accessory use to a primary industrial use on a property is allowed, insofar as the goods for sale have been produced on site or are in storage at the site for planned distribution to other areas. The ancillary retail sale of goods shall only be conducted as part of the permitted industrial use and shall not be a freestanding business.

f.

Accessory car washes. Car washes accessory to gasoline stations and convenience food stores with fuel pumps, provided the car wash is located within an enclosed building that complies with the building setbacks for a principal building.

Within the R-3 zoning district and the commercial zoning districts, except where mixed-use buildings are otherwise allowed, retail sales and services accessory to the operation of an office building or institutional use, hospital, motel, hotel, or multi-family building, must be conducted wholly within the building housing the use to which such activities are accessory, and are further subject to the following conditions:

a.

The floor space used or to be used for such accessory uses shall be limited to a total of 25 square feet per dwelling unit in a multi-family building.

b.

The floor space used or to be used for such accessory uses shall be limited to a total of 25 square feet per room in a hotel or motel.

c.

The floor space used or to be used for such accessory uses shall be limited to a total of ten percent of the gross floor area in an office building or institutional use.

d.

Every public entrance to such a use shall be from a lobby, hallway, or other interior portion of the primary use structure, except for restaurants located within an office building, hotel or motel.

e.

No show window, advertising, or display shall be visible from the exterior of the primary use structure except for a restaurant located within an office building, hotel or motel.

f.

No merchandise shall be stored or displayed outside of the primary use structure.

g.

The following accessory uses are permitted: barber shops, beauty shops, laundry and dry cleaning pick up and distribution stations, and other similar personal service establishments; drugstores, book stores, florists, convenience food stores, gift shops, cafeterias and restaurants, private clubs, laundry facilities for the convenience of residents, and news stands.

Agricultural produce stands are allowed for the sale of agricultural products and commodities produced on the premises as an accessory use to a farm in the AG District with the following requirements:

a.

The sale of products and commodities raised on the premises is permitted, provided that no structure for such sales shall be closer than 35 feet to any property line.

b.

No such structure for the sale of such commodities may exceed five hundred square feet in floor area.

c.

There shall be a minimum of 100 feet from the retail structure to the nearest residential structure other than that which belongs to the owner of the retail structure.

d.

Off-street automobile parking and loading space must be provided as required in the Parking and Loading Article of this Development Code.

Accessory dwellings for the occupancy of tenants on a farm must comply with the following:

a.

The principal residence on the property, to which the farm tenant dwelling is accessory, must be occupied by the owner or the operator of the farm.

b.

The accessory farm tenant dwelling must be located on the property of an active agricultural activity, as defined by the State of Georgia, which shall have been granted a Preferential Agricultural Assessment or Conservation Use Assessment of Agricultural Land by the Oconee County Board of Assessors, which assessment shall be continued and active.

c.

At least one adult occupant of each dwelling unit must be employed to work on the farm where the dwelling is located. Such employment must be for compensation or profit, or such employee must be a relative of the owner or a co-owner of the farm; in any case, one occupant must devote at least 20 hours a week on average in the farming operation.

d.

A farm tenant dwelling may be either a single-family detached or two-family site-built or modular building, or a manufactured home where accessory manufactured homes are otherwise allowed by right or special use approval under Sec. 329.

e.

No more than one dwelling unit for each five acres of land devoted to active agricultural use is allowed.

f.

The heated floor area of the farm tenant dwelling shall not exceed 75% of the heated floor area of the primary residence.

(Res. of 2-4-2025(1), Exh. A)

A private use helipad, as defined in this Development Code, when allowed as an accessory use shall meet the following minimum standards:

a.

The development of a private use helipad shall be in accordance with the guidelines specified by the Federal Aviation Administration.

b.

The applicant shall file with the Federal Aviation Administration (FAA) a form 7480-1, "Notice of Landing Area Proposal" and subsequently receive a "Non objectionable Determination Letter" from FAA, prior to use of the facility by any aircraft. A currently approved "Non objectionable Determination Letter" from the FAA shall be maintained on file with the Code Enforcement Department.

a.

Private use helipads shall, as a minimum, have a takeoff and landing area 1½ times the overall length of the largest helicopter allowed to use the facility.

b.

The surface of the area shall be grassed, paved or treated as may be required to minimize dust or blowing debris.

c.

The owner of a private use helipad shall erect a safety barrier around the peripheral area surrounding the takeoff and landing area. The safety barrier shall be a fence, wall or hedge no less than three feet in height and fully enclosed with a self-locking gate.

a.

The facility shall be used for daytime take off and landing only unless:

(1)

The helipad is located in a commercial or industrial zoning district; and

(2)

The helipad is approved for night use by the FAA.

b.

Accessory use to a residence. A private non-commercial helipad for the personal use of the occupant of a single-family residence may be approved as a Special Use by the Board of Commissioners in accordance with the provisions of the Permits and Procedures Article of this Code, subject to the following restrictions at a minimum:

(1)

Compliance with all requirements of this Sec. 359.

(2)

No more than one helicopter shall be stationed, located, parked or operated at, to or from the location at any given time.

(3)

No helicopter using the facility shall have more than four seats nor be designed to carry more than four persons. This shall include the pilot(s).

(4)

No helicopter using the facility shall have more than one main rotor system.

(5)

The facility shall be used only for private, non-commercial aircraft and shall not be used for organized aviation events such as skydiving, air shows or similar functions.

(6)

No fueling or maintenance facilities shall be located on the property.

(7)

The facility shall be located on a parcel of land at least five acres in size.

A permanent night watchman residence may be developed as an accessory use to a nonresidential use for the exclusive occupancy of personnel employed for the security of the principal use subject to the following standards:

The principal use must be deemed by the Planning Director as one requiring full-time security or 24-hour on-site management. Such uses include but are not limited to mini-warehouses, high-value warehousing or on-site storage, or outdoor storage of valuable materials or equipment.

a.

The night watchman residence may consist of only one dwelling unit.

b.

The occupant of the residence must be an employee of the enterprise on the premises, hired for the purpose of security.

c.

The residence shall be a minimum of 1,000 square feet in floor area, and may be a manufactured home but must comply with all other standards of Sec. 304 relating to single-family and two-family residences.

d.

The residence may be a portion of a building primarily devoted to non-residential uses or may be a separate residential building. If it is a separate building, the location, design, and materials of the residence shall be consistent and integral with the site plan and building design for the principal use.

e.

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

Merchandise or goods may be on display outdoors for the purpose of customer selection or direct sale or lease to customers only as follows:

The following merchandise or goods may be located in outdoor display areas on a permanent basis (where the use is otherwise permitted):

a.

Motorized vehicles that are in good running condition free from exterior damage or substantial wear.

b.

Manufactured homes, industrialized buildings.

c.

Utility sheds, gazebos and play equipment.

d.

Plant nursery items.

e.

Light building materials such as lumber, patio pavers and decorative stone; yard furniture such as benches, swings and bird baths; and yard maintenance materials such as fertilizer, mulch, straw and seed.

All other outdoor display of merchandise or goods shall be conducted on a temporary basis associated with special business promotions. See Sec. 340 for restrictions on temporary events. Signage for such temporary events is restricted in accordance with the Sign Regulations Article of this Code.

a.

Merchandise or goods on display outdoors must be located at least 20 feet from any property line.

b.

Any area outside of a building where merchandise or goods are displayed for customer selection or direct sale but which is permanently screened by an opaque imitation-wood vinyl fence or free-standing wall at least six feet in height or a landscape buffer meeting the standards of the Landscaping and Buffers Article of this Code shall not be considered an outdoor display area.

The outdoor storage of goods, material or merchandise not otherwise on display for customer selection or direct sale or lease to customers, where the use is otherwise permitted, is limited as follows:

a.

Outdoor storage is not permitted in the OIP Districts.

b.

Outdoor storage is permitted in the OBP district by right and in the B-1 and B-2 Districts with Special Use approval only. All outdoor storage must be located in a side or rear yard and must be screened from public streets and residential districts by an opaque imitation wood vinyl fence or free-standing wall no less than eight feet in height or a landscape buffer meeting the standards of the Landscaping and Buffers Article of this Code.

c.

No required parking spaces, required landscaped area, or any other required site element shall be used for outdoor storage.

Building material or other outdoor storage yards, except junkyards, are allowed in the I Industrial zoning district if they meet the following requirements:

a.

They shall not be located within a required front yard.

b.

They shall be setback at least 25 feet from any side or rear property lines and shall be screened by a solid fence at least six feet high which is setback a similar distance from any side or rear property lines, appropriately landscaped and maintained per an approved site plan.

c.

If an outdoor storage yard is established in connection with a permitted building, it shall meet the above requirements.

d.

Additional restrictions apply to salvage, junk and wrecking yards (see Sec. 327).

The following specific uses are not allowed in any zoning district in Oconee County:

a.

Bars, taverns and other drinking places (alcoholic beverages).

b.

Chemical manufacturing, except pharmaceutical and medicine manufacturing.

c.

Leather and hide tanning and finishing.

d.

Liquor store.

e.

Paper manufacturing other than finished stationery products.

f.

Petroleum and coal products manufacturing other than asphalt plants.

g.

Solid waste combustors and incinerators.

h.

Wood preservation establishments.

A manufacturing or industrial activity that produces any of the following as products or byproducts of the manufacturing process is prohibited:

a.

Caustic or corrosive acids.

b.

Chlorine or other noxious gasses.

c.

Explosives.

d.

Fertilizer or glue.

e.

Products involving hair or fur.

A manufacturing or industrial use that involves any of the following is prohibited:

a.

Hazardous waste treatment of disposal.

b.

Land or water based disposal of hazardous or toxic wastes.

c.

Petroleum refining.

d.

Processing of sauerkraut, vinegar or yeast.

e.

Rendering or refining of fats and oils.

f.

Tanning or finishing of leather or other hides, except taxidermy.

g.

Wood preservation.