Peach County Unincorporated
City Zoning Code

ARTICLE VII

USE REQUIREMENTS BY DISTRICTS2

Footnotes:

--- (2) ---

Cross reference— Establishment of districts, § 41 et seq.; other requirements by districts, § 81 et seq.

Section 71. - Residential districts.

71.1. R-AG Agricultural residential district. Within an R-AG district, the following uses are permitted:

71.1.1. Single-family dwellings with a minimum lot size of five acres.

71.1.2. Accessory buildings and uses when located on the same lot or parcel of land as the main structure and customarily incident thereto and provided the requirements in section 93 are met.

71.1.3. Fallout shelters provided the requirements of section 94 are met.

71.1.4. Home swimming pool provided the location is not closer than ten feet to any property line and the pool is enclosed by a wall or fence of at least four feet in height and provided approval from the county health department has been obtained.

71.1.5. Tenant dwellings, and one-family dwellings for members of the immediate family of the landowner, when located on the same lot or tract as the principal residence, on the basis of one residence structure for each five acres in addition to the minimum lot area required for the principal residence provided the principal residence and the one-family dwellings are located such that the lot may be subdivided in accordance with the subdivision regulations of this resolution, and subject to the requirements of this district.

71.1.6 Agricultural, forestry and livestock production of a commercial nature, except poultry production, provided that the operation is conducted on a tract of land not less than five acres in area, and that no structure containing livestock and no storage of manure, offensive odor or dust-producing substance shall be located within 200 feet of a property line; provided, however, any such structure existing at the time of passage of this ordinance shall be allowed to extend to the existing building line, but no nearer the property line than any existing portion of such structure.

Density of poultry houses is to be determined by a study by the zoning enforcement official.

A one-mile radius from the "zone of influence" of a community is required. The use of the wind rose principle with a windshed of one mile is to be considered. The orientation of the long axis is dependent upon the direction of the prevailing wind with the narrow end pointing towards the direction of the prevailing wind.

Management Plan

The grower or owner shall prepare a management plan based on the "Management Guidelines for Poultry Facilities," describing the operational practices necessary to control nuisances such as flies, rodents, feathers, dust, and odors. This plan shall be reviewed and approved by the health department prior to the issuance of permits by the planning and zoning office.

Notice

Within ten days after the issuance of a poultry facility permit, the county shall send a notice to all property owners within 0.5 miles of the proposed facility. The purpose of the notice is to inform the owners that the county has issued a permit for a poultry facility. The notice shall include the name and telephone number of the poultry facility operator.

SEE WINDSHED DIAGRAMS EXPLAINED IN SYMPOSIUM: POULTRY WASTE, COOPERATIVE EXTENSION SERVICE, UNIVERSITY OF ARKANSAS.

71.1.7. Temporary or portable sawmills (not exceeding 12 months) for the cutting of timber on adjacent land and provided no stationary machine operation is located closer than 200 feet to any property line.

71.1.8. Sale of products and commodities raised on the premises, provided that no structure for such sales shall be closer than 25 feet to either the front or side property lines.

71.1.9. Riding stables and academies, provided that no structure, pen or corral housing animals shall be closer than 200 feet to any property line.

71.1.10. Public and private structures, pipelines, pumping stations and buildings, provided installation is properly screened as required in section 67. No office shall be permitted and no equipment shall be stored on the site unless approved by the board of zoning appeals as a special exception under these regulations.

71.1.11. Neighborhood convenience stores selling only the following:

Groceries

Nonprescription drugs

Sporting goods

Books, magazines, newspapers

Hardware

Notions

Beer and wine to be consumed off the premises,

provided that no building for such purposes is located within 50 feet of any property line and that located on a lot fronting an arterial or collector they are street.

71.1.12. Churches and related accessory buildings, provided they are located on a lot fronting an arterial or collector street and are placed not less than 50 feet from any property line.

71.1.13. Home occupations, provided the requirements in section 95 are met.

71.1.14. Kindergartens, playschools, and day care centers and day care homes.

71.1.15. Public and private schools and libraries.

71.1.16. Cemeteries, provided they are located abutting a paved county, state or federal highway.

71.1.17. Clubs, private and public, including golf and country clubs, fishing clubs, gun clubs, and other recreational facilities, all of which shall he on a noncommercial basis, provided that no building for such purposes is located within 100 feet of any property line.

71.1.18. Airplane landing fields including flight strips and helicopter ports and accessory facilities.

71.1.19. Radio or television transmission stations.

71.1.20. Quarries and strip mining operations subject to the requirements of the Georgia Surface Mining Act of 1968 (O.C.G.A. § 12-4-70 et seq.) and provided that all operations are screened from the view of adjoining roads and properties.

71.1.21. Individual manufactured homes designed for single family occupancy, provided that:

(1)

No such home is located within 500 feet of the right-of-way of a state highway or within 500 feet of any property zoned R-1.

(2)

The home shall have a minimum width of 16 feet.

(3)

Any home in excess of 16 feet in width shall have a minimum roof overhang (eave) of eight inches.

(4)

All roof surfaces shall be covered with asphalt, fiberglass shingles, wood shakes, clay tiles, slate, or similar materials.

(5)

The exterior siding shall consist of wood, hardboard, vinyl, brick, masonry, or stone; and shall be comparable in composition, appearance and durability to the exterior siding commonly used in site-built dwellings.

(6)

The home shall be placed on a permanent foundation, either slab or pier, which meets the requirements of the International Residential Code and/or any other applicable codes as adopted as a part of this resolution.

(7)

The home shall be completely underpinned except for proper ventilation and access openings. The home shall be underpinned with masonry materials, finished concrete, or similar materials manufactured for the purpose of underpinning as approved by the building inspector. Installation shall be in accordance with the Rules and Regulations for Manufactured Homes as required by the State of Georgia.

(8)

Utility meters shall be mounted to the home, unless otherwise approved by the building inspector. Axles, tongues, and all other transporting equipment and towing apparatus shall be removed before occupancy unless otherwise approved by the building inspector.

(9)

The home shall be installed in accordance with the O.C.G.A. 8-2-160 et. seq., and the rules promulgated thereunder.

(10)

The home shall be comparable in assessed value and aesthetics to dwellings in the surrounding area (within 300 feet). The home shall further be compatible in size, exterior siding material and roof material.

(11)

[Reserved.]

(12)

The home shall have a minimum roof pitch ratio of 3:12 (three to twelve) which means having a pitch equal to at least three inches of vertical height (rise) for every 12 inches of horizontal run.

(13)

The home shall have a permanent landing installed at each doorway. The landing at the front door shall have a minimum area of 120 square feet. All other landings shall have a minimum area of 80 square feet. Steps shall be attached to all landings and must lead to ground level. All landings and steps shall be completely underpinned with the same materials as the home. Landing and step construction must meet the requirements set forth in the International Residential Code.

(14)

The home shall be oriented on the lot so that the long axis is parallel to the street on which the lot fronts.

(15)

A minimum of 18 inches of crawl space shall be maintained under the entire home.

(16)

a certificate of occupancy will not be issued until all provisions of section 71.1.21 have been complied with.

71.1.22. Sanitariums, rest homes, hospitals, and animal kennels.

71.1.23. Signs as provided in section 97.

71.1.24. Solid waste landfills will only be permitted in the R-AG district as a special exception. In addition to regulations contained in the present document, the licensee must have written approval from the Georgia Department Natural Resources and must comply with all other state and federal regulations pertaining to the operation of a solid waste landfill.

71.1.25. Within the R-AG district, the following uses may he permitted as special exceptions in accordance with the provisions of section 115:

(1)

Junkyards, provided the following provisions are met:

(a)

No such operation, including the required screening, shall be permitted to locate closer than 300 feet to any residence and no storage of wastepaper, rags, scrap metal, discarded material, or salvageable machinery and vehicles shall be closer than 50 feet to any, side or rear lot line, nor closer than 200 feet to any public road except for completely enclosed buildings.

(b)

All such operations shall be completely enclosed by a buffer or wall having a minimum height of six feet, but in no case less than such a height as will effectively screen all operations from view. Driveways shall be enclosed from gates which screen from view all storage of junk in the area.

(c)

The number of vehicular driveways permitted on any single road frontage shall be limited to one per 500 feet with a maximum of 30 feet driveway width.

(d)

All dismantled parts shall be placed at least 18 inches above ground in neat racks to prevent rats from harboring under scrap. The area under the racks shall be regularly cleaned by mowing or raking.

(e)

Any scrap left after salvaging parts shall be removed from the premises and not allowed to accumulate and rust away.

(f)

Any building used to store or dismantle parts shall be completely enclosed if in front of the screen. No salvageable vehicles shall be allowed to be parked outside the screened area.

(g)

Used cars held for sale must be in running order and moved out within six months. Any such used car lot shall be fenced with a six-foot woven wire fence and screened from any adjoining residential district but shall be allowed without frontage screening.

(h)

Only one caretaker's residence or mobile home shall be allowed on any one junkyard.

(i)

Any application for a certificate of occupancy for a junkyard shall (1) meet the requirements of subsection (1)(b) above and (2) contain a topographic map of the land so that the drainage capabilities of the property may be determined if questioned.

(2)

Garages, bodyshops, carpentry shops and other trade shops when operated by the owner resident of the property provided the following provisions are met:

(a)

Not more than one nonfamily member is employed.

(b)

All work is performed in a completely enclosed building.

(c)

The building is located behind the residence and is not closer than 50 feet from any property line nor closer than 300 feet from the nearest adjoining residence.

(d)

Any outside storage of vehicles shall be screened in accordance with section 67.2.

(e)

Uses, processes, or equipment employed shall be limited to those which are not objectionable by reason of odor, dust, bright lights, smoke, noise or vibration.

(3)

Motocross motorcycle racetracks, provided that the track is located at least 3,000 feet from the nearest residence and 6,000 feet from the nearest church; that all concession stands, parking lots, and spectator stands are adjacent to the track; that sanitary restroom facilities with running water and septic tanks are provided and approved; and that the track is serviced by an approved public road. No permit will be issued without the approval of the planning commission.

(4)

Restaurants, cafeterias, grills, and lunch counters having a size under 6,000 square feet (but not including nightclubs, bars, taverns, drive-in restaurants, or curb-service establishments).

(5)

Signs as provided in section 97.

71.1.61 Poultry production of a commercial nature, provided that: (1) No structure for housing or feeding poultry shall be located on a tract of less than 30 acres, upon which not more than two poultry houses containing up to an aggregate of 40,000 square feet may be constructed. For each additional 20,000 square feet (or fraction thereof) poultry house to be constructed, an additional five acres shall be required; (2) No structure for housing or feeding poultry and no stockpile of manure, lagoon or other structure for the storage or disposal of poultry waste shall be located within 1,000 feet of the nearest residence or public meeting place or within 300 feet of the nearest property line; (3) All birds shall be kept in a structure, pen or fenced area; (4) All plans and operations must comply with the provisions of section 99 of this ordinance and with federal, state and county laws, ordinances and regulations.

71.1.3. RR-1 districts: Within the RR-1 districts, the following uses are permitted:

71.1.3.1. All uses permitted in R-AG districts.

71.1.3.2. No new RR-1 districts shall be created which would constitute acute spot zoning. No petition to rezone from R-AG to RR-1 zone shall be considered unless it is for more than five consecutive lots and a plat accompanies the petition.

71.1.3.3. Class II streets shall be mandatory for all new streets.

71.1.3.4. Within the RR-1 district, the following uses may be permitted as special exceptions in accordance with the provisions of section 115: All uses permitted by special exception in R-AG districts, as specified in section 71.1.25.

71.2. R-1 Low density residential districts. Within the R-1 low density residential district, the following uses are permitted:

71.2.1. Single-family dwelling (but not including manufactured homes or mobile homes).

71.2.2. Accessory buildings and uses when located on the same lot or parcel of land as the main structure and customarily incident thereto and provided the requirements in section 93 are met.

71.2.3. Fallout shelters, provided the requirements in section 92 are met.

71.2.4. Home swimming pool, provided the location is not closer than ten feet to any property line and the pool is enclosed by a wall or fence of at least four feet in height, and provided approval from the county health department has been obtained.

71.2.5 Agricultural, forestry and livestock, production of a commercial nature, except poultry production, provided that the operation is conducted on a tract of land not less than ten acres in area, and that no structure containing livestock and no storage of manure, offensive odor or dust-producing substance shall be located within 200 feet of a property line. All animals (except those generally recognized as pets) shall be kept in a structure, corral, or chattel.

71.2.6. Churches and related accessory buildings, provided they are located on a lot fronting an arterial or collector street and are placed not less than 50 feet from any property line.

71.2.7. Golf, swimming, tennis or country clubs, publicly and privately owned and operated community clubs or associations, athletic fields, parks, and recreation areas, provided that no building for such purposes is located within 200 feet of any property line.

71.2.8. Home occupations, provided the requirements in section 95 are met.

71.2.9. Kindergartens, playschools, and day care centers and day care homes.

71.2.10. Public and private schools and libraries excluding business and trade schools.

71.2.11. Public utility structures and buildings, provided installation is properly screened as required by section 67 and is required for service of the immediate area. No office shall be permitted and no equipment shall be stored on the site.

71.2.12. Signs as provided in section 97.

71.2.51 Poultry production of a commercial nature, provided that: (1) No structure for housing or feeding poultry shall be located on a tract of less than 30 acres, upon which not more than two poultry houses containing up to an aggregate of 40,000 square feet may be constructed. For each additional 20,000 square feet (or fraction thereof) poultry house to be constructed, an additional five acres shall be required; (2) No structure for housing or feeding poultry and no stockpile of manure, lagoon or other structure for the storage or disposal of poultry waste shall be located within 1,000 feet of the nearest residence or public meeting place or within 300 feet of the nearest property line; (3) All birds shall be kept in a structure, pen or fenced area; (4) All plans and operations must comply with the provisions of section 99 of this ordinance and with federal, state and county laws, ordinances and regulations.

71.3. R-2 Medium density residential district. Within the R-2 district, the following uses are permitted:

71.3.1. All uses permitted in R-1 district.

71.3.2. Two-family dwellings (duplex).

71.3.3. Townhouses, provided the requirements in section 92 are met.

71.3.4. Cemeteries as provided for in section 98.

71.3.5. Individual manufactured homes designed for single family occupancy, provided that:

(1)

No such home is located within 500 feet of the right-of-way of a state highway or within 500 feet of any property zoned R-1.

(2)

The home shall have a minimum width of 16 feet.

(3)

Any home in excess of 16 feet in width shall have a minimum roof overhang (eave) of eight inches.

(4)

All roof surfaces shall be covered with asphalt, fiberglass shingles, wood shakes, clay tiles, slate, or similar materials.

(5)

(6)

(7)

(8)

Utility meters shall be mounted to the home unless otherwise approved by the building inspector. Axles, tongues, and all other transporting equipment and towing apparatus shall be removed before occupancy unless otherwise approved by the building inspector.

(9)

The home shall be installed in accordance with the O.C.G.A. 8-2-160 et. seq., and the rules promulgated thereunder.

(10)

(11)

[Reserved.]

(12)

The home shall have a minimum roof pitch ratio of 3:12 (three to twelve) which means having a pitch equal to at least three inches of vertical height (rise) for every 12 inches of horizontal run.

(13)

(14)

The home shall be oriented on the lot so that the long axis is parallel to the street on which the lot fronts.

(15)

A minimum of 18 inches of crawl space shall be maintained under the entire home.

(16)

A certificate of occupancy will not be issued until all provisions of section 71.3.5 have been complied with.

71.4. R-3 High density residential district. Within the R-3 district, the following uses are permitted:

71.4.1. All uses permitted in an R-2 district.

71.4.2. Multifamily dwellings.

71.4.3. Boarding[houses] and roominghouses.

71.4.4. Hospitals, sanitariums, clinics, convalescent or nursing homes.

71.4.5. Clubs and lodges.

71.4.6. Individual manufactured homes designed for single family occupancy, provided that:

(1)

No such home is located within 500 feet of the right-of-way of a state highway or within 500 feet of any property zoned R-1.

(2)

The home shall have a minimum width of 16 feet.

(3)

Any home in excess of 16 feet in width shall have a minimum roof overhang (eave) of eight inches.

(4)

All roof surfaces shall be covered with asphalt, fiberglass shingles, wood shakes, clay tiles, slate, or similar materials.

(5)

(6)

(7)

(8)

(9)

The home shall be installed in accordance with the O.C.G.A. 8-2-160 et. seq., and the rules promulgated thereunder.

(10)

(11)

[Reserved.]

(12)

The home shall have a minimum roof pitch ratio of 3:12 (three to twelve) which means having a pitch equal to at least three inches of vertical height (rise) for every 12 inches of horizontal run.

(13)

(14)

The home shall be oriented on the lot so that the long axis is parallel to the street on which the lot fronts.

(15)

A minimum of 18 inches of crawl space shall be maintained under the entire home.

(16)

A certificate of occupancy will not be issued until all provisions of section 71.4.6 have been complied with.

71.5. MH Mobile home residential district. Within an MH district, the following uses are permitted:

71.5.1. All uses permitted in an R-1 district.

71.5.2. Individual manufactured homes designed for single family occupancy on individual lots of record, provided that the following stipulations are met:

(1)

No such home is located within 500 feet of the right-of-way of a state highway or within 500 feet of any property zoned R-1.

(2)

The home shall have a minimum width of 16 feet.

(3)

Any home in excess of 16 feet in width shall have a minimum roof overhang (eave) of eight inches.

(4)

All roof surfaces shall be covered with asphalt, fiberglass shingles, wood shakes, clay tiles, slate, or similar materials.

(5)

(6)

(7)

(8)

(9)

The home shall be installed in accordance with the O.C.G.A. 8-2-160 et. seq., and the rules promulgated thereunder.

(10)

(11)

[Reserved.]

(12)

The home shall have a minimum roof pitch ratio of 3:12 (three to twelve) which means having a pitch equal to at least three inches of vertical height (rise) for every 12 inches of horizontal run.

(13)

(14)

The home shall be oriented on the lot so that the long axis is parallel to the street on which the lot fronts.

(15)

A minimum of 18 inches of crawl space shall be maintained under the entire home.

(16)

A certificate of occupancy will not be issued until all provisions of section 71.5.2 have been complied with.

A variance may be permitted by planning and zoning to allow manufactured homes in MH zoning districts that were created prior to the year 2005. Such variance should be granted only when the manufactured home proposed to be located therein is compatible with existing manufactured housing units in said zoning district as to width, size, roof pitch, exterior siding materials, foundation and underpinning, exterior porch size and construction.

In the event a variance is granted to allow a manufactured home in a MH zoning district that was created prior to the year 2005, then and in that event:

(1)

The home shall be installed in accordance with the O.C.G.A. 8-2-160 et seq., and the rules promulgated there under.

(2)

The home shall be completely underpinned except for proper ventilation and access openings. Installation shall be in accordance with the Rules and Regulations for Manufactured Homes as required by the State of Georgia.

(3)

[Reserved.]

(4)

The home shall have a landing installed at each doorway. All landings must have a minimum area of 24 square feet. Steps must be attached to each landing and must lead to ground level. All landings and steps must meet the requirements set forth in the International Residential Code.

(5)

The manufactured home must be oriented on the lot so that the long axis is parallel to the street.

71.5.3. Mobile home parks as provided in section 91.2 and additional permitted uses as follows:

71.5.3.1. Service and auxiliary buildings located and specifically designed to serve only the residents of one mobile home park, not to include automobile or mobile home repair facilities of any type.

71.5.3.2. Mobile home park management office and maintenance storage for tools, equipment, and supplies used in maintaining a mobile home park.

71.5.3.3. Residence for the exclusive use of a watchman, caretaker, owner, or manager of a mobile home park.

71.5.3.4. Recreation, assembly and laundry facilities for the exclusive use of the mobile home park residents and their guests.

71.5.3.5. Sale of alcoholic beverages with alcoholic content not more than 21 percent for consumption off the premises.

(Ord. of 9-11-2007; Amd. of 10-11-2005; Amd. of 4-11-2006; Amd. of 11-9-2010, eff. 1-1-2011)

Section 72. - Commercial districts.

72.1. C-H Highway commercial district.

72.1.1. Required conditions. All business, servicing, storage, or processing shall be conducted within a completely enclosed building except where the nature of the activity makes it impossible; for example, off-street loading; automobile parking for customers while on the premises; miniature golf courses; and the sale of automobile fuel at service stations. Uses, processes, or equipment employed shall be limited to those which are not objectionable by reason of odor, dust, bright lights, smoke, noise or vibration.

72.1.2. Permitted uses. Within the C-H highway commercial district, the following uses are permitted:

72.1.2.1. Automobile service stations, provided the requirements in section 96 are met.

72.1.2.2. Amusement enterprises, such as miniature and par 3 golf, golf driving ranges, skating rinks, and similar enterprises, but excluding "go-kart" type miniature auto racing tracks.

72.1.2.3. Motels and hotels which shall contain a minimum lot area of 40,000 square feet, if attached to a public sewer, or a larger minimum lot area requirement as determined by the county health department if not attached to a public sewer.

72.1.2.4. Signs as provided in section 97.

72.1.2.5. Automobile repair garage, mechanical and bodyshops, provided all operations are conducted in a building which shall not have any openings, other than a stationary window, within 100 feet of a residential district and which shall not store or otherwise maintain any parts or waste material outside such buildings.

72.1.2.6. Bus stations.

72.1.2.7. Restaurant's, including drive-in establishments, provided that when such a drive-in establishment abuts a residential district, it shall be separated from such district by a six-foot high masonry wall and having no light shining directly into residential districts.

72.1.2.8. Truck terminals, provided that acceleration and deceleration lanes of at least 200 feet are provided for trucks entering and leaving the site and that the truck traffic so generated will not create a safety hazard or unduly impede traffic movement.

72.1.2.9. Theaters, including drive-in theaters, provided that acceleration and deceleration lanes of at least 200 feet in length are provided for the use of vehicles entering or leaving the theater and the volume or concentration of traffic will not constitute a safety hazard or unduly impede highway traffic movements, and provided the screen is not visible from any expressway, freeway, arterial or collector street located within 2,000 feet of such screen.

72.1.2.10. Travel trailer parks provided the requirements in section 91.1 are met.

72.1.2.11. Public utilities such as electrical substations, telephone exchanges, and similar uses.

72.2. C-1 Neighborhood service commercial district.

72.2.1. Required conditions.

72.2.1.1. All sales, business, servicing, storage, or processing shall be conducted within a completely enclosed building except where the nature of the activity makes it impossible, for example, off-street loading, automobile parking for customers while on the premises, and the sale of automobile fuel at service stations. No more than 20 percent of floor space is to be used for storage.

72.2.1.2. Uses, processes, or equipment employed shall be limited to those which are not objectionable by reason of odor, dust, bright lights, smoke, noise, or vibration.

72.2.1.3. No sale of beer or wine for consumption on the premises, except with meals.

72.2.1.4. Products to be sold only at retail.

72.2.1.5. No sale, display, or storage of secondhand merchandise except as incidental to sale of new merchandise.

72.2.1.6. Sale of alcoholic beverages with alcoholic content not more than 21 percent for consumption off the premises.

72.2.2. Permitted uses. Within the C-1 district, the following uses are permitted:

72.2.2.1. Retail business involving the sale of merchandise on the premises, in stores having a size under 6,000 square feet (except that grocery stores may have a size larger than 6,000 square feet, but not exceeding 13,000 square feet) limited to:

Art and/or camera store.

Book, magazine, newspaper store.

Candy store.

Clothing store.

Delicatessen.

Drugstore or pharmacy.

Florist shop.

Fruit, nut and/or vegetable store.

Gift or curio shop.

Grocery store.

Hardware store.

Hobby and/or toy store.

Household furnishings store (but not a furniture store).

Jewelry store.

Notion, five- and ten-cent general or variety store.

Paint store.

Record shop.

Sporting goods store.

72.2.2.2. Business involving the rendering of a personal service or the repair and servicing of small equipment, limited to:

Appliance, radio, or television repair shop.

Bank, savings and loan association, personal loan company.

Barbershop, beauty shop or combination thereof.

Bicycle repair shop.

Dressmaker, seamstress, tailor.

Dry cleaning self-service and/or laundry self-service facility.

Furniture repair or upholstering (but not furniture manufacturing).

Insurance agency.

Jewelry and watch repair.

Locksmith or gunsmith.

Medical, dental, or chiropractic office, clinic, and/or laboratory.

Office for governmental, business, professional, or general purposes (but no storage of vehicles or equipment on the premises is permitted except emergency vehicles).

Photographic studio.

Real estate agency.

Secretarial and/or telephone answering service.

Shoe repair shop.

Studio offering instruction in art, music, dancing, drama, or similar cultural activity.

72.2.2.3. Private or semiprivate club, lodge, union hall or social center.

72.2.2.4. Church, synagogue, or other place of worship.

72.2.2.5. Off-street commercial parking lot.

72.2.2.6. Publicly owned and operated building, facility, or land (but overnight storage of vehicles or equipment other than emergency vehicles on the premises is not permitted).

72.2.2.7. Kindergarten, playschools, day care centers, and day care homes.

72.2.2.8. Theaters, but not including drive-in theaters.

72.2.2.9. Accessory buildings and uses when located on the same lot or parcel of land as the main structure and customarily incident thereto, provided the requirements in section 93 are met.

72.2.2.10. Automobile service stations, provided the requirements in section 96 are met; but not including automotive repair garages or sales.

72.2.2.11. Sale of alcoholic beverages with alcoholic content not more than 21 percent for consumption off the premises. The intent of this section is to permit sale of beer or wine in a grocery or other store to be taken home.

72.2.2.12. Signs as provided for in section 97.

72.2.2.13. Fallout shelters subject to the provisions of section 94.

72.2.2.14. Restaurants, cafeterias, grills, and lunch counters having a size under 6,000 square feet (but not including nightclubs, bars, taverns, drive-in restaurants, or curb service establishments).

72.2.2.15. Public utility substation or other installation, provided that such use is adequately screened as required by section 67, and there is neither commercial operation nor storage of vehicles or equipment on the premises.

72.2.2.16. Bakery, provided that goods baked on the premises are sold only at retail on the premises.

72.2.2.17. Dry cleaning or laundry establishment, provided that any laundering, cleaning, or pressing done on the premises involves only articles delivered to the premises by individual customers.

72.2.2.18. Meat, fish, and/or poultry shop, provided that no slaughtering is done on the premises.

72.2.2.19. Pets shop, provided all animals are housed within the principal building such that no sound is perceptible beyond the premises.

72.3. C-2 General commercial district.

72.3.1. Required conditions.

72.3.1.1. All business, servicing, storage, or processing shall be conducted within a completely enclosed building except where the nature of the activity makes it impossible, for example, off-street loading, automobile parking for customers while on the premises, miniature golf courses, and the sale of automobile fuel at service stations.

72.3.1.2. Uses, processes, and equipment employed shall be limited to those which are not objectionable by reason of odor, dust, bright lights, smoke, noise, or vibration.

72.3.1.3. Off-street parking shall not require backing or maneuvering into the right-of-way of a public street.

72.3.2. Permitted uses. Within the C-2 general district, the following uses are permitted:

72.3.2.1. All uses permitted in a C-1 district.

72.3.2.2. Wholesale uses requiring less than 10,000 square feet of floor area for storage.

72.3.2.3. Automobile repair garage, mechanical and bodyshops, provided all operations are conducted in a building which shall not have any opening other than a stationary window, within 100 feet of a residential district and which shall not store or otherwise maintain any parts or waste material outside such buildings.

72.3.2.4. Drive-in or curb service restaurants.

72.3.2.5. Stores that sell beer and wine.

72.3.2.6. Drive-in theaters, provided that acceleration and deceleration lanes of at least 200 feet in length are provided for the use of vehicles entering or leaving the theater and the volume or concentration of traffic will not constitute a safety hazard or unduly impede highway traffic movement, and provided that the screen is not visible from any controlled access thoroughfare, arterial, or major collector street located within 2,000 feet of such screen.

72.3.2.7. Any retail business or commercial use in which there is no processing or treatment of materials, goods, or products (except for merchandise for sale on the premises, or as otherwise provided for herein), including:

General farming equipment and horticulture sales.

Furniture, home furnishing, office furniture and equipment.

Antique shop.

Automobile, travel trailer, farm equipment and implements, and mobile home sales (new and used) which need not be enclosed, but any mechanical or body repair must be conducted entirely within a structure which shall not have any opening other than a stationary window, within 100 feet of a residential district and provided further that all vehicles on a used vehicle or equipment sales lot must be in operating condition at all times.

Produce sales and farmers' markets

Travel trailer parks and campgrounds.

72.3.2.8. Golf, swimming, tennis or country clubs, privately owned and operated, community clubs or associations, athletic fields, parks, and recreational areas.

72.3.2.9. Public utility structures and buildings, including electric and natural gas substations, telephone exchanges, radio and television stations, and similar structures for the storage of supplies, equipment or service operations when properly screened as required in section 67.

72.3.2.10. Bus, truck, and railroad terminal facilities.

72.3.2.11. Places of assembly, including auditoriums, stadiums, coliseums and dancehalls.

72.3.2.12. Private schools and libraries.

72.3.2.13. Motels, hotels and apartment hotels boarding[houses] and roominghouses.

72.3.2.14. Food locker plant renting lockers for the storage of food, including sale of retail, delivery, and cutting package of meats but not including slaughtering.

72.3.2.15. Printing, blueprinting, book binding, photocopying, lithography, and publishing establishments.

72.3.2.16. Undertaking or mortuary establishments and ambulance services.

72.3.2.17. Hospitals, clinics, sanitariums, convalescent or nursing homes.

72.3.2.18. Commercial parking garage or lots, provided no entrance or exit is on the same side of the street and within the same block as an elementary school and that curb breaks are limited to two for each 100 feet of street frontage, each not to exceed 30 feet in width and not located closer than 20 feet to a street intersection.

72.3.2.19. Temporary uses, including sale of Christmas trees, tents for revivals, carnivals, church bazaars, sale of seasonal fruit and vegetables from roadside stands, but such use shall not be permitted for a period to exceed two months in any calendar year.

72.3.2.20. Veterinary hospital, kennel, or clinic provided any structure used for such purpose shall be a minimum of 100 feet from any residential district.

72.3.2.21. Amusement enterprises, including the provision of public entertainment privately owned skating rinks, par 3 golf, and golf driving ranges.

Section 73. - Wholesale and industrial districts.

73.1. M-1 Wholesale and light industrial district. Within the M-1 wholesale and light industrial district, the following uses are permitted:

73.1.1. Ice plants.

73.1.2. Automobile laundry or car wash, provided that a paved area shall be located on the same lot for the storage of vehicles awaiting entrance to the washing process sufficient to contain a number of vehicles (at 200 square feet per vehicle) equal to one-third of the practical hourly capacity of the washing machines and in addition that curb breaks shall be limited to two, each not to exceed 30 feet in width and located not closer than 20 feet to an intersection.

73.1.3. Contractor's storage and equipment yards when located entirely within a building or fenced area as required in section 67.

73.1.4. Building and lumber supply establishments, provided the entire storage area is properly screened as required in section 67, or for a greater height as required to adequately screen such areas, and that any machine operations shall be conducted entirely within a building which shall not have any opening, other than a stationary window, within 100 feet of a residential district.

73.1.5. Establishments for manufacture, repair, assembly or processing including:

Confectionery manufacture.

Clothing and garment manufacture.

Laboratories for testing materials, chemical analysis, and photography processing.

Manufacture and assembly of scientific, optical, and electronic equipment.

Manufacture of musical instruments and parts.

Manufacture of souvenirs and novelties.

Manufacture of toys, sporting goods, and athletic goods.

73.1.6. Wholesale warehouses.

73.1.7. Bottling works for soft drinks.

73.1.8. Truck terminals, provided that acceleration and deceleration lanes of at least 200 feet are provided for trucks entering or leaving the site and that the truck traffic so generated will not create a safety hazard or unduly impede traffic movement.

73.1.9. Auto auctions.

73.1.10. Trade shops including sheet metal, roofing, upholstering, electrical, plumbing, venetian blind, cabinetmaking and carpentry, rug and carpet cleaning, and sign painting, provided that all operations are conducted entirely within a building which shall not have any opening, other than stationary windows, within 100 feet of any residential district.

73.1.11. Food processing plants, such as bakeries, meat packers, fish houses, and poultry houses.

73.1.12. Frozen dessert and milk bottling, distribution, and processing plants.

73.1.13. Any other establishments for the manufacture, repair, assembly, or processing of materials similar in nature to those listed in this section which are not objectionable by reason of smoke, dust, odors, bright lights, noise, or vibration, or which will not contribute to the congestion of traffic.

73.2. M-2 General industrial district. Within the M-2 industrial district, the following uses are permitted:

73.2.1. All permitted uses in M-1 wholesale and light industrial district.

73.2.2. Agriculture, forestry, livestock and poultry processing, provided that the operation is conducted on a tract of land not less than ten acres in area, and that no structure containing poultry or livestock and no storage of manure or odor or dust producing substance or use shall be located within 200 feet of a property line. All animals (except those generally recognized as pets) shall be kept in a structure pen, or corral.

73.2.3. Dwelling, including a manufactured home, for the exclusive use of a watchman or caretaker when located on the same tract as the industrial use and subject to all dimensional and area requirements of the R-3 multi-family (high density) residential district; provided that no such home is located within 500 feet of the right-of-way of a state highway.

73.2.4. Manufacturing, processing, fabrication, repair, and servicing of any commodity or product, subject to the performance standards for nonresidential uses given in section 99.

73.2.5. Outside aboveground tanks for the storage of gasoline, liquefied petroleum gas, oil or other inflammable liquids or gases but not when located within 500 feet of any residential district.

73.2.6. Within the M-2 district, the following uses may be permitted as special exceptions in accordance with the provisions of section 115:

All uses permitted by special exception in R-AG and RR-1 districts as specified in section 71.1.25. The following additional use may be permitted by special exception in the M-2 district:

Stock car racetracks (for use by automobiles, trucks, tractors, motorcycles and other motorized vehicles) provided that the following provisions are met:

No such operation, including the required screening, shall be permitted to locate closer than 3,000 feet from the nearest residence and 6,000 feet from the nearest church.

All concession stands, parking lots and spectator stands are adjacent to the track.

Sanitary restroom facilities with running water and septic tanks are provided and approved.

That the track is serviced by a public road.

All necessary state and federal permits, if any, have been issued. Any storage of petroleum products in underground storage tanks must conform to the regulations and permitting procedures of the Georgia Department of Natural Resources Environmental Protection Division and other applicable regulations.

No damaged vehicles shall be stored on site for more than seven days.

Hours of operation shall be limited to daylight hours.

The site shall conform to the landscaping requirements given below which supersede the provisions of section 67.1 and section 67.2. The objective of the landscaping requirements is to provide a screen to enhance esthetic appeal, control or direct vehicular and pedestrian movement, reduce glare, and buffer noise.

The facility shall be enclosed by a wall or solid fence of not less than six feet in height.

Necessary private utilities and/or access drives may be allowed through a wall or solid fence, subject to the review and approval of the county staff.

ii.

The wall or solid fence shall be surrounded on the outside by a 50-foot landscaped, screening buffer. Plantings are to be a mix of evergreen trees and shrubs. Species are to be compatible to the site and appropriate for the design situation. Unless public safety concerns dictate otherwise, the vegetarian buffer should grow to a height of six feet minimum within two years of planting.

Minimum height of plant material at installation is to be five feet for trees and two feet for shrubs.

Buffers should be regularly maintained by the property owner(s) to ensure that the above objectives and standards are met.

When topography and existing conditions allow, the required 50-foot buffer should be an undisturbed buffer.

Necessary private utilities and/or access drives may be allowed through, over, or across a landscaped buffer, subject to the review and approval of the county staff.

iii.

No permit will be issued without the approval of the planning commission.

(Res. of 1-14-1996; Amd. of 10-11-2005; Amd. of 4-11-2006)

Section 74. - PUD planned unit development district.

Within the PUD planned unit development district, the following uses are permitted:

74.1. Any use permitted in the R-1 [low density] residential district except that any public use shall serve only the residents of the PUD district.

74.2. Two-family dwelling (duplex).

74.3. Townhouse, provided that such uses comply with the requirements for townhouses as set forth in section 92.

74.4. Individual multifamily dwellings (apartments).

74.5. Manufactured homes and manufactured home parks, provided that the PUD district is located in an MH (manufactured home residential) district; and provided that no such home is located within 500 feet of a state highway.

74.6. Accessory uses, such as private garages and parking areas.

74.7. Retail and services uses limited to the following: grocery, confectionery, bakery, newspaper, drug, or hardware store, or barber, beauty, radio-TV repair, laundry pickup or laundromat, watch repair or shoe repair establishment, or doctor, dentist, or similar professional office, provided that:

Only business signs are permitted and no neon or directly illuminated sign shall be used either on the exterior or in windows, and all signs shall be attached flat to the face of the building;

Off-street parking and loading requirements as indicated in article VI are met;

Retail and service uses are designed for the service and convenience of the population living within the PUD. No more than five percent of the total floor space in the project shall be used for retail or service establishments.

(Amd. of 10-11-2005; Amd. of 4-11-2006)

Section 75. - Special districts.

75.1. AH Airport hazard district. It is hereby established that an airport hazard endangers the lives and property of users of the Perry-Fort Valley Airport and property or occupants of land in its vicinity, and also if the obstruction type, in effect reduces the size of the area available for the landing, take-off, and maneuvering of aircraft, thus tending to destroy or impair the utility of the Perry-Fort Valley Airport and the public investment therein. Accordingly, it is declared:

[75.1.1. Declarations.]

75.1.1.1. That the creation or establishment of an airport hazard is a public nuisance and an injury to the region served by the Perry-Fort Valley Airport.

75.1.1.2. That it is necessary in the interest of the public health, safety, convenience, order, prosperity, or the general welfare of the unincorporated area of the county that the creation or establishment of airport hazards be prevented; and

75.1.1.3. That the prevention of these hazards should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.

75.1.2. Superimposed district. This district is superimposed over other existing districts, and the special requirements of this district shall apply in addition to the requirements of the use district within which a specific property is located.

75.1.3. Permitted and conditional uses. All permitted and conditional uses of the use district which is superimposed by the (AH) airport hazard district shall be allowed as regulated by the requirements of such district, except those uses listed in section 75.1.4.

75.1.4. Prohibited uses. The following uses are prohibited in the (AH) airport hazard district within the area of runway approach surfaces:

75.1.4.1. Churches, schools, lodges, clubs, theaters, and other places of public assembly.

75.1.4.2. Multifamily dwellings.

75.1.4.3. Hospitals and institutions.

75.1.4.4. Any other similar uses where concentrations of persons are customary.

75.1.5. Airport zones. There are hereby created and established certain zones which include all of the land laying within the approach zones, transitional zones, horizontal zones, and conical zones as they apply to this particular airport. Such zones are shown on the Perry-Fort Valley Airport Hazard Zoning Map consisting of one sheet prepared by Lowe Engineers and dated July 1972, which is on file in the office of the county clerk. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows:

75.1.5.1. Approach zone. The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline being the continuation of the centerline of the runway.

75.1.5.2. Transitional zones. These zones are hereby established as the area beneath the transitional surfaces. These surfaces extend outward and upward at 90 degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces.

75.1.5.3. Horizontal zone. The horizontal zone is hereby established by swinging arcs of 10,000 feet radii from the center of each end of the primary surface of each runway, and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and the transitional zones.

75.1.5.4. Conical zone. The conical zone is hereby established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet. The conical zone does not include the precision instrument approach zones and the transitional zones.

75.1.6. Airport zone height limitations. Except as otherwise provided in this resolution, no structure or tree shall be erected, altered, allowed to grow, or be maintained in any zone created by this resolution to a height in excess of the applicable height limit herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows:

75.1.6.1. Approach zones. Slopes upward one foot vertically for each 34 feet horizontally beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline.

75.1.6.2. Transitional zones. Slopes upward one foot vertically for each seven feet horizontally beginning at the sides of and at the same elevation as the primary surface and approach zones, and extending to a height of 150 feet above the airport elevation which is 418.0 feet above mean sea level. In addition to the foregoing, there are established height limits sloping upward and outward seven feet horizontally for each foot vertically beginning at the sides of and at the same level elevation as the approach zones, and extending to where they intersect the conical surface.

75.1.6.3. Horizontal zone. One hundred fifty feet above the airport elevation or height of 568 feet above mean sea level.

75.1.6.4. Conical zone. Slopes upward one foot vertically for each 20 feet horizontally beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation extending to a height of 350 feet above the airport elevation.

75.1.6.5. [More restrictive limitation to prevail.] Where an area is covered by more than one height limitation, the more restrictive limitation shall prevail.

75.1.7 Use restrictions. Notwithstanding any other provisions of this resolution, no use may be made of land or water within any zone established by this resolution in such a manner as to create electrical interference with navigational signals or radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport or otherwise in any way create a hazard or endanger the landing, take-off, or maneuvering of aircraft intending to use the airport.

75.1.8. Nonconforming uses.

75.1.8.1. Regulations not retroactive. The regulations prescribed by this resolution shall not be construed to require the removal, lowering, or other changes or alteration of any structure or tree not conforming to the regulations as of January 9, 1973, or otherwise interfere with the continuance of a nonconforming use. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to January 9, 1973, and is diligently prosecuted.

75.1.8.2. Marking and lighting. Notwithstanding the preceding provision of this section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the Perry-Fort Valley Airport Authority to indicate to the operators of aircraft in the vicinity of the airport, the presence of such airport hazards. Such markers and lights shall be installed, operated, and maintained at the expense of the Perry-Fort Valley Airport Authority.

75.1.9. Permits.

75.1.9.1. Future uses. No material change shall be made in the use of land and no structure or tree shall be erected, altered, planted, or otherwise established in any zone hereby created unless a permit therefor shall have been applied for and granted.

75.1.9.1.1. However, a permit for a tree or structure of less than 75 feet of vertical height above the ground shall not be required in the horizontal and conical zones or in any approach and transitional zones beyond a horizontal distance of 4,200 feet from each end of the runway except when such tree or structure, because of terrain, land contour, or topographic features would extend above the height limit prescribed for the respective zone.

75.1.9.1.2. Each application for a permit shall indicate the purpose for which the permit is desired with sufficient particulars to determine whether the resulting use, structure, or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted.

75.1.9.2. Existing uses. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming use, structure, or tree to become a greater hazard to air navigation than it was on January 9, 1973, or any amendments thereto or than it is when the application for a permit is made.

75.1.9.3. Nonconforming uses abandoned or destroyed. Whenever the zoning enforcement official of Peach County determines that a nonconforming tree or structure has been abandoned or more than 80 percent torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.

75.1.9.4. Variances. Any person desiring to erect or increase the height of any structure or permit the growth of any tree, or use his property not in accordance with the regulations prescribed in this resolution, may apply to the board of zoning appeals for a variance from such regulations. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship, and relief granted would not be contrary to the public interest but will do substantial justice and be in accordance with the spirit of this resolution.

75.1.9.5. Hazard marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this resolution and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to permit the Perry-Fort Valley Airport Authority at its own expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to pilots the presence of an airport hazard.

75.2 FW Floodway district.

75.2.1. Permitted uses. Within the FW district, open type public uses are permitted without restriction, and the following uses are permitted provided no such use shall be permitted within 500 feet of an established residential zone.

75.2.1.1. Agricultural uses including farming, grazing, the raising of livestock, nurseries, etc.

75.2.1.2. Storage of materials and equipment not subject to major damage by flood waters.

75.2.1.3. Circus, carnival, or similar transient amusement enterprises, provided such uses do not remain more than two months out of a year.

75.2.1.4. Private recreation facilities such as driving ranges, drive-in theaters, [and] skeet shooting.

75.2.1.5. Open pit mining, quarries, and sand and gravel pits.

75.2.1.6. Accessory uses not requiring the building of a structure.

75.2.2. District boundaries. The boundaries of the floodway district shall correspond to the boundaries of zone A on the flood hazard boundary map of Peach County prepared by the Federal Emergency Management Agency. Said map shall be kept permanently in the office of the zoning enforcement official, where said map shall be accessible to the general public.