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Orchard Hill City Zoning Code

Sec. 1303

Permitted uses.

A.

The following principal uses are permitted in C-1A districts, provided such use shall not exceed three thousand (3,000) square feet and shall have no outside storage of any unfinished product for sale or raw materials:

1.

Animal hospital or kennel.

2.

Appliance sale and repair.

3.

Art Studio.

4.

Auto parts retail store.

5.

Bakery.

6.

Bank or financial institution.

7.

Barber/Beauty shop.

8.

Bed and breakfast inn.

9.

Cabinetry shop.

10.

Catering service.

11.

Reserved.

12.

Clothing store.

13.

Club, private.

14.

College or university.

15.

Crafts.

16.

Crops, growing and sales.

17.

Cultural facility, library, museum.

18.

Dance school or studio.

19.

Dental laboratory.

20.

Department Store.

21.

Driving range.

22.

Dry goods store.

23.

Florist shop.

24.

Flowers, growing and sales.

25.

Food store.

26.

Garden, growing and sales.

27.

Gift shop.

28.

Government building, local, federal or state.

29.

Gunsmith.

30.

Hospital.

31.

Indoor amusement or recreational activities.

32.

Laundry.

33.

Library.

34.

Legal office.

35.

Locksmith.

36.

Medical laboratory.

37.

Medical office.

38.

Messenger service.

39.

Music teaching studio.

40.

Novelty shop.

41.

Office equipment and supplies.

42.

Photography studio.

43.

Publicly owned recreational center.

44.

Restaurant.

45.

Shoe repair shop.

46.

Shrubbery, growing and sales.

47.

Taxidermist.

48.

Tire store.

49.

Reserved.

50.

Group developments meeting the following development standards:

a.

The minimum lot size requirement shall be sufficient so that any structure constructed on said lot or groups of lots can be located so as to meet all setback requirements, parking requirements, and space requirements for loading and unloading for each proposed use, as per the respective zoning district, but in no event shall it be less than two (2) acres.

b.

All principal buildings established as a part of a group development project shall be accessible to emergency or county service vehicles.

c.

All buildings and structures established as a part of a group development project shall comply with the established front yard setbacks and exterior side and rear yard requirements.

d.

All distances between buildings shall comply with the Southern Building Code Congress International (SBCCI) Fire Prevention Code.

e.

Uses are limited to those permitted and special exception uses allowed within this district.

51.

Church, synagogue, chapel or other place of religious worship including educational building, parsonage, church-related nursery or kindergarten, and other related uses meeting the following development standards:

a.

It must be located on either an arterial or collector road;

b.

The lot must have a minimum road frontage of two hundred (200) feet;

c.

The lot must have an area of at least two (2) acres;

d.

All buildings must be located at least fifty (50) feet from any property line;

e.

Reserved.

f.

No additional approval shall be required for the expansion or modification of any facility, as defined in this section, which existed as of January 4, 1994, on the property on which it is presently located.

g.

Nothing herein shall prohibit or preclude a church from being located within a group development without the necessity of complying with these development standards.

52.

Loft residential development meeting the following development standards:

a.

Minimum dwelling heated area of one thousand (1,000) square feet.

b.

Maximum density: Six (6) units per net developable acre, where public sewage and water are provided. Where public sewage and water are not provided, densities must meet the requirement of the Spalding County Health Department, but may not be greater than six (6) dwelling units per net acre.

53.

Expansion of a detached single-family dwelling, as defined in section 203(L) of this ordinance, which is being used for residential purposes, including the expansion of any accessory building, as defined in section 202(O) of this ordinance.

54.

Street vendors provided that:

a.

Parking must be available for customers and no street vendor shall occupy parking spaces as otherwise required by this ordinance or amendments thereto.

b.

No structures signs, or goods associated with the street vendor business shall be located closer than twenty (20) feet from any street right-of-way.

c.

Shall not block or otherwise hinder ingress into or egress from a site or impede traffic circulation within the site.

d.

Shall not block or otherwise hinder pedestrian traffic.

e.

All advertising signs shall be in compliance with this ordinance and shall not be in excess of the allowed signage for the zoning district. Where such street vendor is on the same premises as another regular business, street vendor signage shall be considered temporary signs under this ordinance and must meet the requirements thereof.

B.

The following principal uses are permitted as special exceptions in C-1A districts:

1.

Day care center meeting the following development standards:

a.

Compliance with the rules promulgated by the [State of] Georgia Department of Human Resources where applicable.

2.

Gasoline service station that meets the following development standards:

a.

All structures, including underground storage tanks, must be placed at least thirty (30) feet from any property line.

b.

Must be placed on a corner lot or on a tract which includes a corner lot.

c.

Curb cuts must be located at least fifteen (15) feet from the intersection of street lines.

3.

Garage or vehicle repair facility.

4.

Personal care home, commercial district, as defined in section 202(BBB 1 ) that meets the following criteria:

a.

Minimum lot size: As required by section 1304(B);

b.

Compliance with the requirements of the Americans with Disabilities Act, 42 U.S.C. § 126 et seq.;

c.

Compliance with the requirements of all regulations of the Georgia Department of Community Health governing the operation of a personal care home pursuant to Georgia Rules and Regulations Chapter 111-2-2;

d.

Certificate of inspection and approval by the fire marshal and building inspector;

e.

No more than two (2) residents may occupy a single bedroom;

f.

Issuance of a business license for the operation of the facility by Spalding County.

4'.

Family personal care-home as defined in section 202 BBB.1. that meets the following criteria:

a.

Minimum lot size: Three (3) acres.

b.

Minimum house size:

i.

"Resident" includes each personal care home client, caregiver and other adult or child that is domiciled in the dwelling.

ii.

For no more than four (4) residents: One thousand five hundred (1,500) square feet.

iii.

For no more than six (6) residents: Two thousand (2,000) square feet.

iv.

For no more than eight (8) residents: Two thousand five hundred (2,500) square feet.

c.

Compliance with the requirements of the Americans with Disabilities Act, 42 U.S.C. § 126, et seq.;

d.

Compliance with the requirements of any and all regulations of the Georgia Department of Human Resources governing the operation of a personal care home;

e.

Certificate of inspection and approval by the fire marshall and building inspector.

5.

Any use identified in section 1303A. exceeding three thousand (3,000) square feet.

6.

Tower or antenna meeting the standards and development criteria established in the Spalding County Ordinance to Establish Standards for Telecommunications Antennas and Towers, limited to those towers defined in section 4.B.1.—5. of Appendix E and which additionally shall be determined by the Spalding County Board of Zoning Appeals to meet the criteria for approval set forth in section 6.C. of Appendix I.

7.

Utility substation meeting the following development standards:

a.

Structures must be placed at least thirty (30) feet from all property lines.

b.

Structures must be enclosed by a woven wire fence at least eight (8) feet high with bottom of fence either flush with the ground or with a masonry footing.

c.

No vehicles or equipment may be stored on the lot.

d.

A buffer, as provided in section 405, must be maintained along the side and rear property lines.

e.

All other development standards as enumerated in section 1304 and waived, except for J., M., T., and X.

f.

In the event that the special exception required hereunder is approved, the aforementioned development standards (a., b., c., d., e) shall not be waived.

C.

The following accessory uses are permitted in C-1A districts:

1.

Those determined by the administrative officer to be customarily appurtenant to those uses permitted in this district.

2.

Tower, domestic or antenna, domestic.

3.

Home occupation, minor.

4.

Shipping container, temporary.

5.

Mobile food service unit, temporary.

6.

Integrated solar energy system.

D.

The following accessory uses are permitted as special exceptions in C-1A districts:

1.

Home occupation, general, excluding public garage, repair garage and kennel.

2.

Class B or C manufactured home used as a temporary office.

a.

Building permit is required.

b.

Allowed for six (6) months in conjunction with a building permit for the construction of a principal business structure on the subject property.

3.

Rooftop solar energy system, meeting the following standards:

a.

Shall follow all building code structural standards (building permit required).

b.

Shall not exceed maximum allowable height of building.

c.

No indemnity bonding or decommissioning required.

E.

All accessory uses must meet the following standards:

1.

They must be located in the rear yard.

2.

They must be located at least five (5) feet from any property line.

3.

They may not be located in any front or side yard.

4.

Accessory buildings not attached to the principal building must be located at least twelve (12) feet from the principal building on the lot.

F.

All uses not permitted within C-1 A districts by this section are specifically prohibited.

(Res. of 7-15-97, §§ 32, 33; Res. No. 99-01, § 3, 5-4-99; Res. No. A-00-09, § 11, 6-5-00; Res. No. A-01-17, § 41, 1-7-02; Res. No. A-01-20, § 2, 2-4-02; Res. No. A-03-03, § 3, 3-17-03; Res. No. A-05-08, § 3, 5-16-05; Res. No. A-08-04, §§ 14—16, 3-3-08; Res. No. A-08-23, §§ 14—16, 2-2-09; Res. No. A-10-02, § 11, 5-3-10; Res. No. A-11-03, §§ 3—5, 7-18-11; Res. No. A-18-03, § 2, 6-4-18; Res. No. A-19-02, § 16, 4-15-19; Res. No. A-20-10, §§ 5, 6, 2-15-21; Ord. No. 2022-007, § 5, 10-3-22; Res. of 10-23-25(1), §§ 19, 20)

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