- SUPPLEMENTAL STANDARDS FOR SPECIFIC USES8
Editor's note— An amendment of Apr. 4, 2023(2), §§ 1401—14-51, repealed the former art. 14, §§ 1401—1404, and enacted a new art. 14 as set out herein. The former art. 14 pertained to MHP manufactured home park, and derived from the original Code and Ord. No. 1997-40, adopted Dec. 2, 1997.
The purpose of this article is to establish supplemental standards for specific uses and activities that are permitted or conditionally permitted in several or all districts. These standards intend to minimize the impacts of these uses and activities on surrounding properties and to protect the health, safety, and welfare of their occupants and of the general public.
(Amd. of 4-4-23(2), § 1401)
Each land use and activity covered by this article shall comply with the requirements of the section applicable to the specific uses or activities, in addition to any applicable standard required in the base or overlay district where the use or activity is proposed. Prior to a certificate of occupancy being issued, proof of the following must be submitted to the administrative officer:
(a)
Except for single-family and two-family residential developments, a contract or subscription with a private waste hauler is required.
(b)
The facility must meet all building, fire safety, health and safety and local tax compliance codes.
(c)
A right-of-way encroachment permit shall be applied for with the county engineer's office for approval of driveway access, design and construction.
(d)
Upon completion of 40 percent of a residential planned development, any required amenities shall be completed or installed.
(Amd. of 4-4-23(2), § 1402)
(a)
They may not be located closer than ten feet to any property line in AG-5, R80, R40, R25, R15, and R8 zoning districts or five feet in R2, R3, PUD, HC, GC, NC, LI and HI zoning districts; however, this requirement does not apply to fences.
(b)
Accessory buildings not attached to the principal building must be located at least 12 feet from the principal building on the lot.
(c)
They must be located in the rear or side yard; however, this requirement does not apply to fences. Not applicable in HC, GC, LI and HI zoning districts. Also, not applicable to lots of five acres or more in the AG-5 zoning district.
(d)
Accessory structures shall not be erected on a lot prior to the construction of the principal structure.
(e)
Accessory structures shall not be used as a dwelling unit, except as provided in section 1404 which sets forth standards for accessory dwellings.
(Amd. of 4-4-23(2), § 1403)
(a)
Accessory dwellings include, but are not limited to, site-built constructed structures including basement apartments, garage apartments, caretaker or other employee quarters, guesthouses, and other accessory dwellings.
(b)
Accessory dwellings are permissible within the principal dwelling or as a freestanding dwelling in the following zoning districts: AG-5, R80, R40, and R25 provided it is in a planned residential subdivision.
(c)
There shall be no more than one accessory dwelling unit per lot. Accessory dwellings contained within a principal dwelling shall comply with the following standards:
(1)
There shall be no more than one accessory dwelling in a principal dwelling unit.
(2)
The accessory dwelling shall not exceed 25 percent of the habitable floor area of the principal dwelling.
(3)
One additional off-street parking space shall be provided to serve the accessory dwelling.
(4)
The accessory dwelling shall comply with all building and health code standards.
(c)
Freestanding accessory dwellings shall comply with the following standards:
(1)
The accessory dwelling unit may be located in a second floor over a detached garage or may be a separate structure.
(2)
The accessory dwelling shall be located only within the side or rear yard.
(3)
Façade materials shall be identical to the principal structure.
(4)
The lot shall comply with the minimum lot area standards set forth in section 606.
(5)
One additional off-street parking space shall be provided to serve the accessory dwelling unit.
(6)
An accessory dwelling located in the AG-5 district shall be 750 (conditioned space) square feet or greater but shall not exceed 60 percent of the primary structure square footage up to 1,500 square feet, whichever is less.
(7)
Accessory dwellings located in residential districts shall be 750 (conditioned space) square feet or greater but shall not exceed 60 percent of the primary structure square footage up to 1,200 square feet, whichever is less.
(Amd. of 4-4-23(2), § 1404)
(a)
Horses, cows, pigs, ponies, donkeys and other domestic livestock may be kept, raised or bred for home use and enjoyment shall be allowed on tracts of two acres or more, but limited to one animal per acre.
(b)
Buildings or other structures which are located in residential districts and are used to accommodate or restrain animals noted in this section shall be located no less than 50 feet from all property lines and no less than 250 feet from any residence.
(c)
Four-foot landscape buffer width and fence from the rear of the primary building along the side and rear parcel boundaries, or a wall, or 100 percent opaque fence.
(d)
The keeping, breeding, or training of any animals or fowl for monetary gain or profit shall be deemed a commercial business and is expressly prohibited in all residential districts except where such operations may qualify as a home occupation.
(e)
The killing, slaughtering and/or butchering of livestock, fowl or other domestic or farm animals, whether for personal consumption or for resale or gift, is expressly prohibited in all residential districts.
(f)
Residential fowl restrictions.
(1)
No more than eight hens shall be kept on a residential lot as a non-commercial accessory use.
a.
Residential lots greater than eight acres may keep one additional hen per every whole acre over eight acres.
(2)
No rooster shall be kept upon the property.
(Amd. of 4-4-23(2), § 1405)
(a)
All buildings or structures shall be 1,000 feet from any residence.
(b)
Minimum lot size of five acres.
(c)
The buffer width shall be two times the minimum required with an approved fence, wall or berm.
(d)
Access shall only be from an arterial road.
(e)
Hours of operation are limited to 7:00 a.m. to 7:00 p.m., Monday through Saturday.
(f)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(g)
An operation plan containing the following information shall be submitted as part of the application for conditional use:
(1)
Date of commencement of the operation and its expected duration.
(2)
A description of the method of operation, including a description of the equipment to be used in the manufacturing process and transport of materials.
(3)
A traffic impact study shall be submitted as part of the application for conditional use approval identifying any state or county-maintained road or bridge within or adjacent to the property, and shall state any repaving, alterations, turning lanes, signalization, or other road additions or improvements necessary to accommodate the potential increase of traffic volume or weight occasioned by the proposed operations.
(Amd. of 4-4-23(2), § 1406)
(a)
Buildings or structures shall be 250 feet from any residence.
(b)
Minimum lot size of one acre for automotive sales and rental facilities.
(c)
Minimum lot size of three acres for commercial and industrial machinery and equipment sales and leasing facilities.
(d)
The buffer width shall be two times the minimum required with an approved fence, wall or berm.
(e)
Minimum road frontage of 200 feet.
(f)
Access shall only be from an arterial road.
(g)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(h)
Temporary or portable structures for offices or storage is prohibited.
(i)
Service bays with overhead doors shall not face a public road (unless provisions are made for screening them, or there is no reasonable alternative).
(j)
Vehicles and equipment not on display but approved for repair or service shall be parked and stored on a paved asphalt or concrete surface in a fully screened location on the rear or side lot with an opaque wall or fence, or within a building.
(k)
Vehicles and equipment areas shall not encroach a buffer area or a public right-of-way and segregated from employee or service area parking.
(l)
Adequate access and circulation space must be allocated, specifically identified on a site plan, and reserved on the site for the unloading of vehicles and equipment brought to the site by carriers.
(m)
All accessory merchandise shall be displayed and sold indoors.
(n)
All service work, maintenance and repair and vehicle washing shall be conducted in an enclosed building that is a permanent structure.
(Amd. of 4-4-23(2), § 1407)
(a)
Buildings or structures shall be 250 feet from any residence.
(b)
Minimum lot size of one acre.
(c)
Hours of operation are limited to 7:00 a.m. to 9:00 p.m.
(d)
Minimum road frontage of 200 feet.
(e)
Access shall only be from an arterial road.
(f)
All service work, maintenance and repair, sales of accessory merchandise, body work, and vehicle washing shall be conducted in an enclosed building that is within a permanent structure.
(g)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(h)
Temporary or portable structures for offices or storage is prohibited.
(i)
Service bays with overhead doors shall not face a public road (unless provisions are made for screening them, or there is no reasonable alternative).
(j)
Outside storage of parts, supplies and junk, or parking of non-operable vehicles or vehicles with body damage is prohibited.
(k)
Vehicles and equipment approved for repair or service shall be parked and stored on a paved asphalt or concrete surface in a fully screened location on the rear or side lot, or within a building. They shall not encroach a buffer area or a public right-of-way, and be segregated from employee or service area parking.
(l)
Adequate space must be allocated, specifically identified, and reserved on the site for the unloading of vehicles and equipment brought to the site by carriers.
(m)
Vehicles for sale, limited to three, shall be parked in designated parking spaces that do not encroach buffers or in public rights-of-way.
(Amd. of 4-4-23(2), § 1408)
(a)
Minimum lot size of one acre.
(b)
Minimum building size shall be 4,000 square feet, with a maximum of 8,000 square feet.
(c)
Minimum of four guest rooms, and a maximum of eight guest rooms.
(d)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(e)
One name plate sign is allowed for the establishment limited to 16 square feet.
(f)
The establishment must be a permanent residence for the owner.
(g)
Food service shall be limited to breakfast only, which shall be served only to guests taking lodging. Guest rooms shall not contain cooking facilities.
(h)
Cooking shall be done in a central kitchen for overnight guests only. Food preparation and service shall comply with all requirements of the county health department.
(Amd. of 4-4-23(2), § 1409)
(a)
No new establishment shall be located within one mile of an existing establishment measured across a straight line from property line to property line.
(b)
Minimum lot size of two acres.
(c)
Outdoor play or passive recreation areas shall be provided in a rear or side yard consisting of 50 square feet per person, and shall be enclosed by a solid wall or fence at least six feet in height.
(d)
No basement, attic, or accessory building shall be used for boarding house purposes.
(e)
Parking shall be in the side or rear yard, and shall be 25 feet from any property line.
(f)
No room shall be occupied as a sleeping room by any person unless there are at least 120 square feet of bedroom space, exclusive of wardrobe and closet space, for each and every person occupying any such room.
(g)
All sleeping quarters shall be served by working heating and cooling facilities and a bed with a mattress for each registered occupant.
(h)
Cooking shall be done in a central kitchen for overnight guests only. Food preparation and service shall comply with all requirements of the county health department.
(i)
At least one flush water closet, lavatory basin, and bathtub or shower, connected to a water and sewerage system and in good working condition, shall be supplied for each eight persons or fraction thereof residing within a home. All such facilities shall be located within the dwelling so as to be accessible from a common hall or passageway to all persons sharing such facilities. Every lavatory basin and bathtub or shower shall be supplied with hot and cold water at all times.
(Amd. of 4-4-23(2), § 1410)
(a)
No new establishment shall be located within one mile of an existing establishment measured across a straight line from property line to property line.
(b)
Body art studios shall not be located within 300 feet, measured property line to property line, from a school (public or private), family day care home, child care facility, youth center, community center, recreational facility, park, church or religious institution, hospital, or other similar uses where children regularly gather.
(c)
The buffer with shall be two times the minimum required with an approved fence, wall or berm.
(d)
All storefronts shall contain transparent glass windows that allow for views into the establishment from the nearest public right-of-way.
(e)
All canopy lighting shall be recessed into its ceiling.
(f)
Temporary or portable structures for offices or storage is prohibited.
(g)
The establishment shall comply with chapter 8, article 6 of the Bulloch County Code of Ordinances.
(Amd. of 4-4-23(2), § 1411)
(a)
Buildings or structures, including parking, circulation and storage areas shall be 250 feet from any residence.
(b)
The buffer width shall be two times the minimum required with an approved fence, wall or berm.
(c)
Access shall only be from an arterial road.
(d)
Use of sound amplification devices is prohibited.
(e)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(f)
Temporary or portable structures for offices or storage is prohibited.
(g)
Storage areas shall be fully enclosed with a fence or a wall and not used as a retail sales area.
(h)
Adequate access and circulation space must be allocated, specifically identified on a site plan, and reserved on the site for the unloading of vehicles and equipment brought to the site by carriers.
(i)
Merchandise displayed shall be stored in a fully screened location on the rear or side lot with an opaque wall or fence, or within a building.
(Amd. of 4-4-23(2), § 1412)
(a)
A cemetery must be located on a lot with a minimum size of one-eighth acre and a maximum size of one-half acre; provided, however, that a cemetery may be located on the same lot as a church, synagogue, chapel or other place of religious worship.
(b)
The property line of the lot on which a cemetery is located must be set back a minimum of 100 feet from any public road, street, right-of-way, or adjacent property line.
(c)
A cemetery must maintain a permanent non-illuminated sign identifying the name of the cemetery.
(d)
A cemetery must be enclosed by a chain-link or wooden fence at least four feet in height.
(e)
All graves in a cemetery must be identified with permanent grave markers.
(f)
Provided, however, that these development standards shall not apply to cemeteries governed by the Georgia Cemetery and Funeral Services Act of 2000 codified at O.C.G.A. tit. 10, ch. 14.
(Amd. of 4-4-23(2), § 1413)
(a)
It must be located on either an arterial or collector road.
(b)
The lot must have a minimum road frontage of 200 feet (except in a MHP district).
(c)
No church building shall be located within 100 yards of any establishment that has been licensed for the sale or consumption of alcoholic beverages. For purposes of this subsection, distance shall be measured by the most direct route of travel on the ground.
(d)
In R80, R40, R25, R15, R2, R3 and MHP districts, the lot must have an area of at least two and one-half acres, unless a cemetery is adjacent, then five-acre lot size is required.
(e)
In R80, R40, R25 and R15 districts, off street parking shall be provided as set forth in the parking section of this ordinance.
(f)
Setbacks for churches (where no cemetery is developed):
(Amd. of 4-4-23(2), § 1414)
(a)
Prior to approval of the certificate of completion or occupancy, the applicant shall provide written verification from the electrical service provider stating the following:
(1)
Adequate capacity is available on the applicable supply lines and substation to ensure that the capacity available to serve the other needs of the service area is consistent with the normal projected load growth envisioned by the provider.
(2)
Utility supply equipment and related electrical infrastructure are sufficiently sized and can safely accommodate the proposed use.
(3)
The use will not cause electrical interference or fluctuations in line voltage on and off the operating premises.
(b)
Prior to approval of the certificate of completion or occupancy, the applicant shall provide the county with written verification that the electrical work has passed a third-party final inspection.
(c)
All principal and accessory structures used for cryptocurrency mining operations, server farms, and/or data centers, shall be arranged, designed and constructed to be harmonious and compatible with the site and with the surrounding properties. If pre-fabricated, pre-engineered or modular structures are installed, the following standards are required:
(1)
All structures shall have concrete foundations.
(2)
All exterior façades shall have muted earth tone colors, and shall not be defective, decayed or corroded.
(3)
If intermodal shipping containers are utilized such installation shall comply with the requirements of the most recent edition of Industrialized Building Rules and Bulletins of the Georgia Department of Community Affairs.
(d)
The operations shall not cause the dissemination of vibration or noise in excess of the maximum environmental noise level established by Bulloch County Code of Ordinances chapter 10, article VI. The operators shall not cause, allow, or permit the operation of any source of sound which creates at an occupied residential building or defined sensitive receiver, as may exist at the time of the issuance of a certificate of completion or occupancy, a sound level that exceeds a daytime continuous sound level of 50 dBA or a nighttime continuous sound level of 45 dBA, for any 15-minute measurement interval unless otherwise permitted.
(e)
The operators shall not cause, allow, or permit the operation of any source of sound which creates a pure tone where the one-third octave band sound pressure level in the band of interest exceeds the arithmetic average of the sound-pressure levels for the two adjacent one-third octave bands by the corresponding decibel (dB (flat)) values as follows:
(1)
Five dB for center frequencies of 500 hertz and above;
(2)
Eight dB for center frequencies between and including 160 and 400 hertz; and
(3)
Fifteen dB for center frequencies less than or equal to 125 hertz.
(4)
A pure tone shall be deemed present by measurement.
(f)
For permitting and compliance purposes, measurements shall be performed using a calibrated Type 1 sound level meter, configured to log and record one-third octave flat-weighted equivalent sound pressure levels, and A-weighted equivalent level (Leq), slow time weighting, with a 15-minute averaging interval. Measurements shall be made proximate to, but no closer than, 100 feet from an occupied residential structure or other designated sensitive receiver. Transient background sounds must be excluded from the measurement period by post-processing or other means. Compliance is indicated if the noise solely generated by the operator cannot be discriminated from the equivalent-continuous background sound pressure level, or if the noise levels solely generated by the operator otherwise conform to the requirements of subsection (e) and subsection (f).
(g)
Prior to the issuance of a certificate of completion or occupancy, a report with noise level test results shall be submitted for approval by the applicant from a qualified acoustical professional for the purpose of demonstrating compliance.
(h)
A noise reduction barrier or device may be required at the discretion of the zoning administrator when it is conclusive that noise level tests do not conform to subsections (e) and (f).
(i)
Terminology as used herein related to acoustic levels and measurements follow American National Standard ANSI S12.9: "Quantities and Procedures for Description and Measurement of Environmental Sound—Part 1: Basic Quantities and Definitions," and ANSI S12.9: "Quantities and Procedures for Description and Measurement of Environmental Sound. Part 3: Short-term measurements with an observer present."
(j)
The limitations of subsection (e) and subsection (f) herein shall not apply to any residential or sensitive receiver that is established after the date of issuance of a certificate of completion or occupancy for the applicant's operation.
(k)
The equipment used in any commercial cryptocurrency mining operation shall be housed in a metered electrically grounded and pre-engineered metal-encased structure with a fire rating designed to resist an internal electrical fire for at least 30 minutes. The containment space shall contain baffles that will automatically close in the event of fire independent of a possible electric system failure.
(l)
Any use or activity producing air, dust, smoke, glare, exhaust, heat, or humidity in any form shall be carried on in such a manner that it is not perceptible at or beyond the property line.
(m)
Any use of cargo containers or ISO shipping containers or similar as housing, whether horizontally combined or independent of other structures for the commercial cryptocurrency mining operation, shall not be vertically combined to exceed a height greater than nine feet.
(n)
Each commercial cryptocurrency mining operation shall provide a 24-hour emergency contact signage visible at the access entrance. Signs shall include company name if applicable, owner/representative name, telephone number, and corresponding local power company and telephone number.
(o)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(p)
The buffer width shall be four times the minimum required with an approved fence, wall or berm.
(q)
Any commercial cryptocurrency mining operation that is not operated for a continuous period of 12 months and for which there are no applications pending for permitted use of the structure at the end of such 12-month period, shall be considered abandoned, whether or not the owner or operator intends to make use of the device(s). The owner of an abandoned server farm or data center, and the owner of the property where the abandoned server farm and data center are located shall be under a duty to remove such facilities. If such facilities are not removed within a reasonable time, not to exceed three months, after receipt of notice from the governing authority notifying the owner(s) of such abandonment, the governing authority may remove such facilities and place a lien upon the property for the costs of removal. The governing authority may pursue all legal remedies available to it to ensure that abandoned device(s) are removed. Delay by the governing authority in acting shall not in any way waive the governing authority's right to act.
(Amd. of 4-4-23(2), § 1415)
(a)
Supplemental standards for drive-through facilities shall be observed in addition to the standards below.
(b)
Principal and accessory uses must be 100 feet from a public right-of-way.
(c)
The buffer width shall be two times the minimum required with an approved fence, wall or berm.
(d)
If the facility is an accessory use, the facility must comply with building setbacks for a principal use.
(e)
The number of washing and drying/detailing bays shall be limited to ten.
(f)
Vehicle washing activities other than drying must occur inside a building or bay.
(g)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(h)
Where public sanitary sewer is available, wastewater must be filtered, recycled, or otherwise cleansed to minimize the discharge of soap, wax and solid matter into public sewers.
(i)
Temporary or portable structures for offices or storage is prohibited.
(j)
At all times solid waste generated must be contained and disposed of in an approved on-site solid waste container.
(k)
Automated drive-through wash facilities shall have a by-pass lane for passing vehicles.
(l)
The operations shall not cause the dissemination of vibration or noise in excess of the maximum environmental noise level established by Bulloch County Code of Ordinances chapter 10, article VI. The operators shall not cause, allow, or permit the operation of any source of sound which creates at an occupied residential building or defined sensitive receiver, as may exist at the time of the issuance of a certificate of completion or occupancy, a sound level that exceeds a daytime continuous sound level of 50 dBA or a nighttime continuous sound level of 45 dBA, for any 15-minute measurement interval unless otherwise permitted.
(m)
The operators shall not cause, allow, or permit the operation of any source of sound which creates a pure tone where the one-third octave band sound pressure level in the band of interest exceeds the arithmetic average of the sound-pressure levels for the two adjacent one-third octave bands by the corresponding decibel (dB (flat)) values as follows:
(1)
Five dB for center frequencies of 500 hertz and above;
(2)
Eight dB for center frequencies between and including 160 and 400 hertz; and
(3)
Fifteen dB for center frequencies less than or equal to 125 hertz.
(4)
A pure tone shall be deemed present by measurement.
(n)
For permitting and compliance purposes, measurements shall be performed using a calibrated Type 1 sound level meter, configured to log and record one-third octave flat-weighted equivalent sound pressure levels, and A-weighted equivalent level (Leq), slow time weighting, with a 15-minute averaging interval. Measurements shall be made proximate to, but no closer than, 25 feet from an occupied residential structure or other designated sensitive receiver. Transient background sounds must be excluded from the measurement period by post-processing or other means. Compliance is indicated if the noise solely generated by the operator cannot be discriminated from the equivalent-continuous background sound pressure level, or if the noise levels solely generated by the operator otherwise conform to the requirements of subsection (e) and subsection (f).
(o)
Prior to the issuance of a certificate of completion or occupancy, a report with noise level test results shall be submitted for approval by the applicant from a qualified acoustical professional for the purpose of demonstrating compliance.
(p)
A noise reduction barrier or device may be required at the discretion of the zoning administrator when it is conclusive that noise level tests do not conform to subsections (e) and (f).
(q)
Terminology as used herein related to acoustic levels and measurements follow American National Standard ANSI S12.9: "Quantities and Procedures for Description and Measurement of Environmental Sound—Part 1: Basic Quantities and Definitions," and ANSI S12.9: "Quantities and Procedures for Description and Measurement of Environmental Sound. Part 3: Short-term measurements with an observer present."
(r)
The limitations of subsection (e) and subsection (f) herein shall not apply to any residential or sensitive receiver that is established after the date of issuance of a certificate of completion or occupancy for the applicant's operation.
(Amd. of 4-4-23(2), § 1416)
(a)
Buildings or structures shall be 250 feet from any residence.
(b)
Minimum lot size of one acre.
(c)
Service bays with overhead doors shall not face a public road (unless provisions are made for screening them, or there is no reasonable alternative).
(d)
All maintenance and repair work shall be conducted within an enclosed building.
(e)
Vehicles, parts and implements, and any equipment associated with the establishment shall be stored within a building, or in a side or rear yard of the lot, fully screened from view of all public roads and nearby properties via buildings and/or a solid, opaque wooden fence or masonry wall at least six feet in height.
(f)
All outdoor surfaces where vehicles are parked or stored or where parts, implements, or any equipment associated with the establishment is stored outside, shall be on a paved asphalt or concrete surface.
(g)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(h)
Temporary or portable structures for offices or storage is prohibited.
(Amd. of 4-4-23(2), § 1417)
(a)
Minimum lot size of two acres.
(b)
No new establishment shall be located within 1,000 feet of an existing establishment measured across a straight line from property line to property line.
(c)
A buffer area and screening are required on side and rear lot lines.
(d)
Hours of operation are limited to 6:30 a.m. to 6:30 p.m., including all deliveries.
(e)
Outdoor play or passive recreation areas shall be provided in a rear or side yard consisting of 50 square feet per person, and shall be enclosed by a solid wall or fence at least six feet in height.
(f)
The facility shall provide adequate areas for the safe drop-off and pick-up of children in a driveway, turnaround or parking area.
Specifically for residential zones: There is no external signage or other evidence of the use of the dwelling as other than a residential dwelling unit.
(Amd. of 4-4-23(2), § 1418; Amd. of 8-1-23(1))
Editor's note— An amendment of Apr. 4, 2023, amended the title of § 1418 to read as herein set out. The former § 1418 title pertained to day care facility, residential zone.
(a)
Drive through facilities should be included in a parking and circulation plan submitted to the administrative officer.
(b)
Drive-through lanes shall not be any closer than 50 feet to a residential zoning district.
(c)
The buffer with shall be two times the minimum required with an approved fence, wall or berm.
(d)
Stacking spaces shall not impede on-site or off-site traffic.
(e)
No drive through lane shall cross an access easement on the lot.
(f)
No drive through window shall be permitted on the front façade of a building.
(g)
Each drive-through aisle shall be separated from the circulation routes necessary for ingress or egress from the property, or access to a parking space.
(h)
Pedestrian walkways should not intersect the drive-through drive aisles, but where they do the walkways shall have clear visibility and shall be delineated by textured and colored paving.
(i)
Speakers associated with drive-through facilities must be located and designed to minimize noise levels on nearby uses. Sound attenuation walls, landscaping or other mitigation measures may be required to ensure that the facility will not have adverse noise-related impacts on nearby residential uses.
(j)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(k)
Menu/order boards shall be a maximum of 30 square feet, with a maximum height of six feet and shall be shielded from view from any public street.
(l)
Vehicle stacking lanes shall be a minimum of eight feet wide, and 160 feet in length for food service establishments, and 80 feet in length for all other uses.
(m)
A stacking lane is not required for accessory facilities where vehicles do not routinely queue up while waiting for the service. Examples are window washing, air compressor and vacuum cleaning stations.
(Amd. of 4-4-23(2), § 1419)
(a)
Any EV charging station installed shall be either a Level 2 or Level 3 charger and meet National Electrical Code standards.
(b)
If a charging station has more than one port, each port shall count as a charging station.
(c)
The proposed EV charging station and parking spaces shall be located within the side or rear yard of a principal building and shall not front on a public right-of-way, unless setback at least 200 feet.
(d)
The designated parking space(s) for EV chargers shall be above the minimum number of parking spaces required for the entire site, but comprising no more than ten percent of total parking spaces.
(e)
The parking space dimensions for an EV charging station are a minimum of ten feet wide by 20 feet long when new spaces are installed for such use.
(f)
Each parking space designated for an EV charging station shall be clearly marked as reserved for EV charging only.
(g)
The charging station/equipment shall be setback 24 inches from the face of the parking space, and be protected by wheel stops, curbs or bollards.
(h)
Charging station equipment shall not exceed eight feet in height.
(i)
Charging stations shall not include overhead canopies.
(j)
There shall be no appurtenances attached to the charger other than what is necessary for operation.
(k)
Cords or connectors shall be configured so that they do not cross a driveway, sidewalk or passenger unloading area.
(l)
The location, legend, and mounting height details for any proposed electric vehicle parking sign shall be included on the plans and submitted with the building permit application.
(h)
Adequate security and lighting for use of the charging station shall be provided. All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(m)
Any electric vehicle charging station or combination of stations that is not operated for a continuous period of 90 days and for which there are no applications pending for permitted use of the structure at the end of such 90-day period, shall be considered abandoned, whether or not the owner or operator intends to make use of the station. The owner of an electric vehicle charging station and the owner of the property where the abandoned station is located shall be under a duty to remove such station. If such station is not removed within a reasonable time, not to exceed three months, after receipt of notice from the governing authority notifying the owner(s) of such abandonment, the governing authority may remove such device(s) and place a lien upon the property for the costs of removal. The governing authority may pursue all legal remedies available to it to ensure that abandoned device(s) are removed. Delay by the governing authority to act shall not in any way waive the governing authority's right to do so.
(Amd. of 4-4-23(2), § 1420)
(a)
Minimum lot size of two acres in residential districts, and five acres in the AG-5 agricultural-residential.
(b)
No new establishment shall be located within 1,000 feet of an existing establishment measured across a straight line from property line to property line.
(c)
There is no external signage or other evidence of the use of the dwelling as other than a residential dwelling unit.
(d)
The managing caregiver must be the owner of the property and a full-time resident of the facility.
(e)
Outdoor play or passive recreation areas shall be provided in a rear or side yard consisting of 50 square feet per person, and shall be enclosed by a solid wall or fence at least six feet in height.
(Amd. of 4-4-23(2), § 1421)
(a)
Minimum lot size of 30 acres.
(b)
Must produce no less than 2,000 gallons of wine annually.
(c)
In granting a conditional use permit for a farm winery, the board of commissioners may specify allowable uses related or complementary to the operation of the farm winery other than the production and sale of wine. A farm winery that is granted a conditional use permit is prohibited from engaging in any use not specified in the conditional use permit (or otherwise allowed as a permitted use in the AG-5 zoning district) without applying for and being granted a modification of the conditional use permit by the board of commissioners. The following list of related or complementary uses that may be specified in a conditional use permit for a farm winery is not intended to be exhaustive but is merely illustrative of the types of uses the board of commissioners may consider in granting or modifying the conditional use permit:
(1)
Facilities to host private and public functions, including, but not limited to, weddings, receptions, dinners, festivals and socials.
(2)
Principal dwellings.
(3)
Parks or open space which is privately owned, operated or maintained.
(4)
Bed and breakfast inn.
(5)
Restaurant.
(6)
Wedding chapel.
(Amd. of 4-4-23(2), § 1422)
(a)
Standards applicable to all freight facilities:
(1)
Unless located in an existing planned industrial park, no new establishment shall be located within two miles of an existing establishment measured across a straight line from property line to property line.
(2)
All new establishments must be located within 1.5 miles of Interstate 16.
(3)
Buildings or structures, including vehicle and container storage, parking and circulation areas shall be 300 feet from any residence.
(4)
A road frontage buffer and landscape strip are required.
(5)
The buffer width shall be two times the minimum required with an approved fence, wall or berm.
(6)
Perimeter fencing is required and must be decorative metal or dark vinyl-coated chain link with landscaping external to fencing.
(7)
A solid fence or wall is required to screen truck headlights contiguous to any residential property.
(8)
Minimum lot size of ten acres.
(9)
Access shall only be from an arterial road, unless within a planned industrial park.
(10)
All access, circulation and designated parking areas shall be on a paved asphalt or concrete surface.
(11)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(12)
A stormwater management plan is required for review and approval.
(13)
Vehicle gates or access control features shall not be installed within 150 feet of the public right-of-way.
(14)
Truck stop electrification equipment must be provided for a minimum of 25 percent of the parking spaces.
(15)
Maximum vertical stacking for intermodal shipping containers is limited to two containers in height.
(16)
The following uses or activities are prohibited:
a.
Temporary or portable structures for offices or storage except when permitted with an active building permit. Structure(s) must be removed upon the conclusion of the building permit.
b.
Vehicle repairs or dismantling of vehicles owned or operated by an entity other than the property owner.
c.
Maintenance or sales are only allowed for company-owned vehicles or trailers; unrelated party sales or transactions of any kind are prohibited.
d.
Long-term storage of parts.
e.
Non-operable, salvaged or abandoned vehicles.
(17)
Containers will be stacked in a "pyramid" appearance along the front of the site. Corner lots shall be treated as having two front property lines. The initial row shall not exceed one container in height, with such successive interior row gaining one container in height to a maximum of two containers in height. For the sides beyond the front area, the "pyramid" appearance shall not be required.
(18)
If containers or container trailers are to be stacked, a stacking plan must be approved by the administrative official. Such plan shall, at a minimum, show the location of all abutting streets and sidewalks, all internal travel-ways, a stacking schedule, and the proposed maximum stacking height, and shall indicate how it meets all of the requirements of this section.
(b)
Standards applicable to freight terminals:
(1)
Outdoor storage except for trailers waiting to be loaded or unloaded is prohibited.
(2)
All loading docks shall be screened from view of the public right-of-way.
(Amd. of 4-4-23(2), § 1423; Amd. of 2-6-24)
(a)
Buildings or structures shall be 250 feet from any residence.
(b)
Fuel pumps must be located at least 50 feet from any public right-of-way or lot line.
(c)
Maximum building size of 7,500 square feet, unless the use is within or attached to a multi-tenant building, the floor area cannot exceed 15 percent of the gross floor area of the entire building or 5,000 square feet, whichever is greater.
(d)
Minimum lot size of two acres.
(e)
Vehicle repair or service is prohibited.
(f)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(g)
Drive-under canopies shall only utilize recessed lighting.
(h)
Earth tone colors complimentary to building design shall be required.
(i)
The color of the canopy sign should be compatible with the color or trim of the building façade or signage.
(j)
Merchandise for sale shall be inside of the building except for secured items such as ice coolers, propane gas or similar goods customary to convenience store sales. All such goods shall be attached to or contiguous to the principal building.
(k)
Temporary or portable structures for offices or storage is prohibited.
(l)
Outside vending machines except for tire pumps, water and vacuum cleaners are prohibited.
(m)
Ground floor front window paintings and signage shall cover no more than 25 percent of the total window and door area.
(n)
For all new buildings constructed after April 1, 2023, and existing buildings which expand the gross square footage of the buildings by more than 50 percent, the minimum ground floor transparency shall be 50 percent on the front façade consisting of windows and doors, and 20 percent on all other ground floor street facing façades.
(o)
Supplemental standards for drive-through facilities and small-scale retail and commercial service centers shall be observed.
(Amd. of 4-4-23(2), § 1424)
(a)
The following list of uses allowable as cottage industries is illustrative only and is not intended to be exhaustive: sales of antiques and collectibles, art or photography studios, computer software development, handicrafts, ironworking or blacksmith shop, construction or trades office, furniture repair or refinishing, pottery shop, real estate sales office, small equipment repair, woodworking shop, excavating contractors, small engine and boat repair.
(b)
Cottage industries are appurtenant and accessory uses.
(c)
The cottage industry shall conform to the development standards in the applicable zoning district, except as provided below.
(d)
The cottage industry must be owned and operated by the owner of the property upon which the cottage industry is to be located, or the business owner must have written approval of the owner of the property, if the applicant is a tenant.
(e)
The appurtenant and accessory structure used as a cottage industry shall not occupy a total area greater than 2,400 square feet.
(f)
All activity related to the conduct of the business or industry, except for activities related to the growing and storing of plants, shall be conducted within an enclosed structure or be sufficiently screened from view of adjacent residences. A buffer may be required by the administrative officer if it is determined that the use needs to be sufficiently screened from view of adjacent residences, using site location, topography, landscaping, fencing, the retention of native vegetation, or a combination thereof.
(g)
No cottage industry shall be located on a lot less than 80,000 square feet in size, regardless of whether the lot was a lot of record at the time of the original passage of this section (November 4, 1994).
(h)
Except for outside storage of materials or equipment, all business operations, activities, and transactions associated with the cottage industry shall be conducted entirely within the primary dwelling unit and/or in an accessory building located on the same lot. No business operations, activities, or transactions shall be conducted in any portion of the lot not approved for cottage industry use by the county.
(i)
Business traffic (either by the business operators or business customers) is permitted only between the hours of 8:00 a.m. and 6:00 p.m. The use shall not generate pedestrian or vehicular traffic beyond that normal in the neighborhood in which it is located. Traffic generated by the cottage industry shall not exceed the level of service adopted for the public roadway which accesses the use, nor generate significant traffic in excess of that normally generated by typical uses found within the particular district.
(j)
No business may provide drive-through service.
(k)
The use of more than six general purpose and/or heavy-duty vehicles and the employment of more than six employees for exclusive use of the business are prohibited. In approving the conditional use, the number of vehicles that may be parked on the premises at any time may be limited and vehicles may be required to be kept behind an enclosed fenced or buffered area.
(l)
A permitted cottage industry shall maintain a service agreement with a competent waste handler chosen from a list provided by the hazardous waste management section of the Georgia Environmental Protection Division of the Georgia Department of Natural Resources, for the periodic removal and recycling of any batteries, gasoline, oil, transmission fluid, brake fluid, and other solvents and chemical agents. Interim storage of such materials shall be in a manner satisfactory to the county health department. The county public safety director shall verify the use or absence of hazardous materials for the cottage industry upon registration.
(m)
There shall be no parking or storage of damaged vehicles except on a temporary basis which is not to exceed 72 hours. Junk parts and junk vehicles shall not be kept outside the building.
(n)
No nuisances shall be produced including, but not limited to, smoke, glare, vibrations, noises, or odors that may be discernable by neighbors proximate to the dwelling unit.
(o)
There shall be no structural, electrical or plumbing alterations necessary for the cottage industry which are not customarily found in dwellings or residential accessory structures.
(p)
There shall be no outdoor display of merchandise on the premises.
(q)
All noise-generating operations shall be buffered.
(r)
All lights shall be directed on site and shielded to reduce glare to adjacent areas.
(s)
Business operations shall not cause any visual or audible interference with radio or television reception.
(t)
One sign is permitted advertising the cottage industry, not exceeding two square feet, that is nonmoving, and which has illumination, if any, which is non-flashing.
(Amd. of 4-4-23(2), § 1425)
(a)
The following and similar uses shall be considered home occupations, but are not limited to this list: accountant, addressing service, architect, art instructor, beauty shop (with no more than one operator), drafting, dressmaking, insurance agent, manufacturing agent, music instruction, (students: limited to two students at a time), teacher, notary public, photographer, real estate agent, and tax consultant.
(b)
The following and similar uses are considered appropriate uses of accessory buildings for home occupations: artist or craftsman's work area, photographic darkroom, clock repair shop, gunsmith shop, laboratory, pottery shop, and basket weaver's shop.
(c)
The following uses are prohibited as home occupations: auto sales or auto repair, restaurants, animal hospitals, veterinary clinics, funeral homes, retail or wholesale shops, machine shops or manufacturing.
(d)
The home occupation shall be operated by a resident of the home.
(e)
No home occupation shall employ more than two persons who do not reside in the dwelling located on the premises.
(f)
The home occupation must be incidental and subordinate to the residential use of the dwelling and must not change the residential character of the property.
(g)
No internal or external alterations shall be permitted which would change the fire rating for the structure.
(h)
The home occupation shall be limited to 25 percent of one floor of the square footage of the principal structure.
(i)
If an accessory structure is used for the business, the size of the accessory structure is limited to 25 percent of the square footage of the residential building. It shall be located behind the residential building with setback requirements of no less than 20 feet from the property line and 30 feet from the side yard.
(j)
No display of products shall be visible from the street.
(k)
One non-illuminated name plate, not more than two square feet in area may be attached to the building which shall contain only the name of the occupation conducted on the premises.
(l)
A home occupation shall be operated in such a manner as not to be a nuisance to adjacent residential structures. This shall apply to noise, lighting, traffic, and unsightly outside storage, where applicable.
(m)
No outside storage of materials or supplies used in connection with the home occupation shall be permitted.
(n)
All parking for the home occupation shall be located on the property and only on the side or rear yards.
(o)
Only vehicles designed and used primarily as passenger vehicles (including pickup trucks) shall be used in connection with home occupations in residential zoning districts.
(Amd. of 4-4-23(2), § 1426)
(a)
Buildings or structures shall be 250 feet from any residence.
(b)
Minimum lot size of two acres.
(c)
Extended stay hotels shall be classified as upper mid-scale or higher by the Smith Travel Report Chain Scales Report.
(d)
Management must be on the property 24 hours a day, seven days a week.
(e)
Daily maid service must be included in the standard room rate.
(f)
No extended stay hotel, motel, or facility shall provide lodging at an hourly rate.
(g)
No more than 25 guest rooms per acre shall be permitted.
(h)
Each guest room must have a minimum area of 240 square feet.
(i)
The facility must contain a lobby area of at least 750 square feet.
(j)
The facility must contain an enclosed, heated and air-conditioned laundry space containing a minimum of one clothes washer and one clothes dryer for each ten guest rooms.
(k)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(l)
Extended stay hotels, motels, or facilities must have a minimum of 25 percent of the lot area dedicated to either active or passive open space with a minimum size of 750 square feet. The open space shall include active recreation, such as a children's playground area, and/or passive recreation, such as green space and walking paths.
(m)
All vehicles parked at any extended stay hotel, motel, or facility must be in good working order.
(n)
Temporary or portable structures for offices or storage is prohibited.
(Amd. of 4-4-23(2), § 1427)
(a)
Buildings or structures, including parking and circulation areas, shall be 750 feet from any residence, and 500 feet from any property line.
(b)
Buildings or structures, including parking and circulation areas shall be 1,000 feet from any water body or flood zone.
(c)
The buffer width shall be two times the minimum required, with an opaque wall or fence of eight feet in height, and 100 percent opacity.
(d)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(e)
Materials or vehicles stored shall not exceed the height of the fence or wall.
(f)
There shall be no temporary or permanent storage outside of any fence or wall.
(g)
Objectionable smoke, noise, odors or other adverse impacts on adjoining properties is prohibited.
(h)
Any draining of fluids or removal of batteries from wrecked or towed vehicles must be completed in an enclosed structure on a concrete pad or floor or other impervious surface. Any drained fluids shall be disposed of in a manner consistent with state or federal regulations.
(i)
The ground surface in the outdoor work/storage area shall be covered with gravel, asphalt or concrete or other material as approved by the administrative official.
(j)
Vehicles may not be stored at an outdoor work/storage area for longer than 12 months.
(k)
Towing and wrecker service businesses are a separate type of business from salvage yards and junk yards. Towing and wrecker service businesses that store and resell used vehicle parts or dismantle, demolish, and abandon inoperable vehicles shall comply with all county ordinances that are applicable to salvage and junk yards.
(Amd. of 4-4-23(2), § 1428)
(a)
The buffer width shall be two times the minimum required with an approved fence, wall or berm.
(b)
All storefronts shall contain transparent glass windows that allow for views into the establishment from the nearest public right-of-way.
(c)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(Amd. of 4-4-23(2), § 1429)
(a)
Buildings or structures shall be 250 feet from any residence.
(b)
The buffer width shall be two times the minimum required with an approved fence, wall or berm.
(c)
All display units shall be setback 100 feet from the public right-of-way and a landscaped frontage strip or screening device is required.
(d)
Hours of operation are limited to 7:00 a.m. to 7:00 p.m.
(e)
Minimum lot size of two acres.
(f)
Minimum road frontage of 200 feet.
(g)
Access shall only be from an arterial road.
(h)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(i)
The sale of vehicles is prohibited.
(j)
No outside storage of parts or parking of non-operable vehicles or vehicles with body damage is prohibited.
(k)
Units on display shall not encroach a buffer area or a public right-of-way and shall be segregated from employee or service area parking.
(l)
An area shall be designated for employee and customer parking on such area shall be on a paved asphalt or concrete surface.
(m)
Adequate space must be allocated, specifically identified, and reserved on the site for the unloading of units and equipment brought to the site by carriers.
(n)
All access, circulation and designated parking areas shall be on a paved asphalt or concrete surface.
(o)
All accessory merchandise shall be sold indoors.
(p)
Temporary or portable structures for offices or storage is prohibited.
(q)
A permanent building or structure for sales or other business activities is required. Such building or structure shall be constructed or installed according to local building codes prior to occupancy.
(Amd. of 4-4-23(2), § 1430)
(a)
Buildings or structures shall be 100 feet from any residence.
(b)
The buffer with shall be two times the minimum required with an approved fence, wall or berm.
(c)
The minimum lot size shall be two acres.
(d)
Access shall only be on an arterial road, unless located in a planned industrial park.
(e)
Overhead access doors of individual bays shall not face any road frontage, unless provisions are made for screening them.
(f)
Building façades shall have muted earth tone colors.
(g)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(h)
Storage buildings or structures shall have gabled roofs with a 2:12 slope.
(i)
No individual building shall exceed 200 feet in length.
(j)
There shall be a minimum separation of 20 feet between buildings.
(k)
The minimum aisle width shall be 18 feet for one-way traffic and 36 feet for two-way traffic.
(l)
Traffic flow patterns in the aisle ways shall be clearly marked with directional signage and painted lane markings with arrows.
(m)
To assure appropriate access and circulation by emergency vehicles and equipment, a minimum turning radius for all aisle ways and access roads within the development will be determined by the fire chief and county engineer.
(n)
The maximum size of a storage bay shall be 1,000 square feet.
(o)
The facility shall be fenced along the entire perimeter boundary.
(p)
Fencing adjacent to a road frontage or abutting a residential use shall be a decorative with a minimum height of six feet, and shall be placed interior to any required landscape strip.
(q)
Storage units shall not be used to manufacture, fabricate, or process goods; service or repair vehicles, boats, small engines or electrical equipment, or to conduct similar repair activities; conduct garage sales or retail sales of any kind; rehearsing or practicing utilizing band instruments; conversion to an apartment or dwelling unit; or to conduct any other commercial or industrial activities, or for the storage of hazardous materials, toxic substances, flammable liquids, or highly combustible or explosive materials.
(r)
Open storage of recreational vehicles, boats, trailers, recreational equipment and similar vehicles of the type customarily maintained by private individuals for their personal use shall be permitted subject to the total area devoted to open storage shall not exceed 25 percent of the site.
(s)
No vehicle maintenance, washing, or repair shall be permitted within the open storage area.
(t)
Abandoned, wrecked or junked vehicles are prohibited.
(u)
A leasing, management, and/or security office shall be permitted in conjunction with a self-service storage facility. Within such office, the sale or rental of items related to moving and storage such as moving boxes, packing supplies and hand trucks shall be permitted.
(v)
Temporary or portable structures for offices is prohibited.
(Amd. of 4-4-23(2), § 1431)
(a)
No activities conducted shall be within 500 feet of any residence, or within 250 feet of the lot line of a property with any other use.
(b)
Activities shall be setback 250 feet from any public road.
(c)
Minimum lot size of ten acres.
(d)
The buffer width shall be two times the minimum required with an approved fence, wall or berm.
(e)
Hours of operation are limited to 7:00 a.m. to 7:00 p.m., Monday through Saturday.
(f)
Activities having greater than one acre of disturbed area must obtain state and local permits.
(g)
Surety in the form of a bank letter of credit is required as a guarantee against the damages of any publicly maintained roads and shall remain in place until operations have ceased, and all reclamation activities have been completed.
(h)
An operation plan containing the following information shall be submitted as part of the application for conditional use:
(1)
Date of commencement of the operation and its expected duration.
(2)
A description of the method of operation, including the disposition of topsoil, overburden and by-products.
(3)
A description of the equipment to be used in the extraction process.
(4)
A statement regarding the intended use of explosives, if any, or other hazardous materials, if any, and the methods and procedures proposed for handling, use, storage and disposal of the materials.
(5)
A plan for reclamation of the land upon completion of mining, quarrying, or other excavation.
(6)
An analysis by a licensed civil engineer containing the following information shall be submitted as part of the application for conditional use approval identifying any state or county-maintained road or bridge within or adjacent to the property, and shall state any repaving, alterations, turning lanes, signalization, or other road additions or improvements necessary to accommodate the potential increase of traffic volume or weight occasioned by the proposed operations.
(Amd. of 4-4-23(2), § 1432)
(a)
A temporary use permit shall be required from the planning and development office.
(b)
Permit requirements are exempted for such activities if conducted by the following organizations for fund raising or special events:
(1)
Bona fide religious institution.
(2)
K-12 school.
(3)
501-c3 non-profit or civic organization.
(4)
Roadside stands selling agricultural products grown on site.
(5)
Authorized special events held on public property are exempted.
(c)
No sales of merchandise shall be permitted on vacant private lots.
(d)
Evidence of permission of the property owner, and/or all tenants of a group development is required.
(e)
The location of any merchandise, vehicles and equipment or displays shall be a minimum of 15 feet from the edge of any driveway, utility box or vaults, ADA required ramp or parking space, building entrance, sidewalks, fire lane or fire hydrant.
(f)
The location of any merchandise, vehicles and equipment shall not interfere with pedestrian or vehicular traffic movements, and shall not be in the public right-of-way or buffer areas.
(g)
Hours of operation are limited to 6:30 a.m. to 9:30 p.m.
(h)
All vehicles, equipment, parking, and customer seating areas associated with a mobile business must be located on an improved surface, such as asphalt, concrete, or gravel.
(i)
Evidence of a current occupational tax certificate with Bulloch County or another jurisdiction is required.
(j)
Free standing signage, flashing or moving lights or a sound amplification device is prohibited.
(k)
If electricity is used for operation, the electrical connection must be of a type which can be quickly disconnected and must comply with all applicable laws, including National Electrical Code Chapter 550.
(l)
Recreational vehicles shall be allowed as temporary occupancy units for the duration of a temporary seasonal sales use permit.
(m)
At all times solid waste generated must be contained and disposed of in an approved on-site solid waste container.
(n)
If food is prepared or served, a permit is required by the county health department.
(Amd. of 4-4-23(2), § 1433)
(a)
No new establishment shall be located within one mile of an existing establishment measured across a straight line from property line to property line.
(b)
Pawn shops, check cashing and small loan establishments shall not be located within 300 feet, measured property line to property line, from a school (public or private), family day care home, child-care facility, youth center, community center, recreational facility, park, church or religious institution, hospital, or other similar uses where children regularly gather.
(c)
The buffer with shall be two times the minimum required with an approved fence, wall or berm.
(d)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(e)
All storefronts shall contain transparent glass windows that allow for views into the establishment from the nearest public right-of-way.
(f)
Onsite storage or sales of vehicles or equipment is prohibited.
(g)
Temporary or portable structures for storage is prohibited.
(Amd. of 4-4-23(2), § 1434)
(a)
Buildings or structures, including parking, circulation and storage areas shall be 250 feet from any residence.
(b)
The buffer width shall be two times the minimum required with an approved fence, wall or berm.
(c)
Primary access shall be from an arterial road.
(d)
Supplemental standards for drive-through facilities, and seasonal, transient merchants and mobile vendors shall be observed.
(e)
The use of sound amplification devices is prohibited.
(f)
Primary building materials and finishes shall consist of 75 percent brick, brick veneer, stacked stone, marble, split face block/concrete masonry unit, finished concrete tilt up, concrete masonry unit, or finished concrete block.
(g)
Secondary materials permitted for trim and accents can include natural wood, metal, aluminum, stucco, exterior insulation and finish systems, engineered fiber cement board, or composite vinyl siding.
(h)
Buildings that are located on outparcels including accessory buildings shall be constructed of materials complimenting the principal buildings.
(i)
Where pre-engineered steel buildings are constructed all building façades shall consist of primary and secondary materials to minimize the static appearance.
(j)
The use of muted and earth tone colors as the predominant colors on the façade is preferred. Building trim, accent areas, and entrance doors into the units may feature brighter colors.
(k)
Façades over 100 feet in length shall provide wall projections or recesses with a minimum of three feet in depth and a minimum of 20 contiguous feet in length for each 100 feet.
(l)
Twenty-five percent of the façades visible from a public street shall use arcades, display windows (real or faux), entry areas and awnings, or any combination thereof.
(m)
Parapets, gable and hip roofs or dormers shall be used to conceal flat roofs and roof top equipment from public view.
(n)
Areas for outdoor storage, truck parking, loading and unloading, refuse collection or compaction or similar uses shall not be visible from a public right-of-way, and have approved screening devices.
(o)
Temporary or portable structures for offices or storage is prohibited.
(p)
Landscape plans shall be prepared by a landscape architect, architect, or engineer legally registered under the laws of this state regulating the practice of landscape architecture, architecture, or engineering, and shall affix their seal to such plan.
(q)
Retail shopping centers and big-box retail facilities shall provide at a ratio of ten percent of the building space shall include a public amenity including one or more of the following: a common area or green, a park, sitting areas, playground, or a plaza.
(r)
All plant material shall be of native plant species and nursery grown meeting number 1 grade American Nursery and Landscape Association standards.
(s)
Five percent of the entire area devoted to parking spaces, aisles and connecting driveway shall be formally landscaped with any combination of trees, shrubs, grass or ground cover.
(t)
Interior landscape islands with raised curbing is required for parking lots of 20 or more spaces, and shall be designed having a minimum width of ten feet, and a minimum length of the required parking space(s).
(u)
The landscape frontage strip must be 20 feet wide for sites containing 50 or more parking spaces.
(v)
Forty percent of the parking and circulation space shall be on the sides of the building frontage.
(w)
Uses that propose night lighting other than incidental security lighting shall be required to submit a photometric plan to enable the evaluation of impacts from illumination and that are compliance with the outdoor lighting requirements.
(x)
Parking lot lighting poles and fixtures that are constructed shall complement the overall site architecture and design in terms of scale, color, and style, and shall not exceed 20 feet in height.
(y)
Roof mounted lighting or backlit awnings are prohibited.
(z)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties. All canopy lighting shall be recessed into its ceiling.
(Amd. of 4-4-23(2), § 1435)
(a)
Buildings or structures, including parking, circulation and storage areas shall be 150 feet from any residence.
(b)
Primary access shall be from an arterial road.
(c)
Supplemental standards for drive-through facilities, and seasonal, transient merchants and mobile vendors shall be observed.
(d)
The use of sound amplification devices is prohibited.
(e)
Primary building materials and finishes shall consist of 75 percent brick, brick veneer, stacked stone, marble, split face block/concrete masonry unit, finished concrete tilt up, concrete masonry unit, or finished concrete block.
(f)
Secondary materials permitted for trim and accents can include natural wood, metal, aluminum, stucco, exterior insulation and finish systems, engineered fiber cement board, or composite vinyl siding.
(g)
Buildings that are located on outparcels including accessory buildings shall be constructed of materials complimenting the principal buildings.
(h)
Where pre-engineered steel buildings are constructed all building façades shall consist of primary and secondary materials to minimize the static appearance.
(i)
The use of muted and earth tone colors as the predominant colors on the façade is preferred. Building trim, accent areas, and entrance doors into the units may feature brighter colors.
(j)
Façades over 100 feet in length shall provide wall projections or recesses with a minimum of three feet in depth and a minimum of 20 contiguous feet in length for each 100 feet.
(k)
Twenty-five percent of the façades visible from a public street shall use arcades, display windows (real or faux), entry areas and awnings, or any combination thereof.
(l)
Parapets, gable and hip roofs or dormers shall be used to conceal flat roofs and roof top equipment from public view.
(m)
Areas for outdoor storage, truck parking, loading and unloading, refuse collection or compaction or similar uses shall not be visible from a public right-of-way, and have approved screening devices.
(n)
Temporary or portable structures for offices or storage is prohibited.
(o)
Landscape plans shall be prepared by a landscape architect, architect, or engineer legally registered under the laws of this state regulating the practice of landscape architecture, architecture, or engineering, and shall affix their seal to such plan.
(p)
All plant material shall be of native plant species and nursery grown meeting number 1 grade American Nursery and Landscape Association standards.
(q)
Five percent of the entire area devoted to parking spaces, aisles and connecting driveway shall be formally landscaped with any combination of trees, shrubs, grass or ground cover.
(r)
Interior landscape islands with raised curbing is required for parking lots of 20 or more spaces, and shall be designed having minimum width of ten feet, and a minimum length of the required parking space(s).
(s)
The landscape frontage strip must be 20 feet wide for sites containing 50 or more parking spaces.
(t)
Forty percent of the parking and circulation space shall be on the sides of the building frontage.
(u)
Uses that propose night lighting other than incidental security lighting shall be required to submit a photometric plan to enable the evaluation of impacts from illumination and that are compliance with the outdoor lighting requirements.
(v)
Parking lot lighting poles and fixtures that are constructed shall complement the overall site architecture and design in terms of scale, color, and style, and shall not exceed 20 feet in height.
(w)
Roof mounted lighting or backlit awnings are prohibited.
(x)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties. All canopy lighting shall be recessed into its ceiling.
(Amd. of 4-4-23(2), § 1436)
(a)
Buildings or structures, including parking, circulation and storage areas shall be 100 feet from any residence.
(b)
Primary access shall be from an arterial road, or a collector road if in a general commercial or neighborhood commercial zoning district.
(c)
Supplemental standards for drive-through facilities, and seasonal, transient merchants and mobile vendors shall be observed.
(d)
The use of sound amplification devices is prohibited.
(e)
Primary building materials and finishes shall consist of 75 percent brick, brick veneer, stacked stone, marble, split face block/concrete masonry unit, finished concrete tilt up, concrete masonry unit, or finished concrete block.
(f)
Secondary materials permitted for trim and accents can include natural wood, metal, aluminum, stucco, exterior insulation and finish systems, engineered fiber cement board, or composite vinyl siding.
(g)
Where pre-engineered steel buildings are constructed all building façades shall consist of primary and secondary materials to minimize the static appearance.
(h)
The use of muted and earth tone colors as the predominant colors on the façade is preferred. Building trim, accent areas, and entrance doors into the units may feature brighter colors.
(i)
Façades over 50 feet in length shall provide wall projections or recesses with a minimum of one and one-half feet in depth and a minimum of ten contiguous feet in length for each 50 feet.
(j)
Twenty-five percent of the façades visible from a public street shall use arcades, display windows (real or faux), entry areas and awnings, or any combination thereof.
(k)
Parapets, gable and hip roofs or dormers shall be used to conceal flat roofs and roof top equipment from public view.
(l)
Areas for outdoor storage, truck parking, loading and unloading, refuse collection or compaction or similar uses shall not be visible from a public right-of-way, and have approved screening devices.
(m)
Temporary or portable structures for offices or storage is prohibited.
(n)
Landscape plans shall be prepared by a landscape architect, architect, or engineer legally registered under the laws of this state regulating the practice of landscape architecture, architecture, or engineering, and shall affix their seal to such plan.
(o)
All plant material shall be of native plant species and nursery grown meeting number 1 grade American Nursery and Landscape Association standards.
(p)
Five percent of the entire area devoted to parking spaces, aisles and connecting driveway shall be formally landscaped with any combination of trees, shrubs, grass or ground cover.
(q)
Interior landscape islands with raised curbing is required for parking lots of 20 or more spaces, and shall be designed having minimum width of ten feet, and a minimum length of the required parking space(s).
(r)
The landscape frontage strip must be 20 feet wide for sites containing 50 or more parking spaces.
(s)
Forty percent of the parking and circulation space shall be on the sides of the building frontage.
(t)
Uses that propose night lighting other than incidental security lighting shall be required to submit a photometric plan to enable the evaluation of impacts from illumination and that are compliance with the outdoor lighting requirements.
(u)
Parking lot lighting poles and fixtures that are constructed shall complement the overall site architecture and design in terms of scale, color, and style, and shall not exceed 20 feet in height.
(v)
Roof mounted lighting or backlit awnings are prohibited.
(w)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties. All canopy lighting shall be recessed into its ceiling.
(Amd. of 4-4-23(2), § 1437)
(a)
Multi-family buildings or structures including parking and circulation areas, shall be 75 feet from any property line or public right-of-way.
(b)
The buffer with shall be two times the minimum required with an approved fence, wall or berm.
(c)
Access shall only be from an arterial or collector road.
(d)
Sidewalks, curb and gutter are required on all internal public streets.
(e)
No less than five percent of the net buildable area must be set aside as open space that includes an amenity such as a clubhouse, pool, athletic court(s), active playground, walking trail, pedestrian plaza with benches, a passive use recreation area (fishing, boating/dock, picnicking, etc.), or any combination thereof.
(f)
All interior roads, sidewalk systems and open space set asides shall remain private and maintained by a common interest element.
(g)
No more than 12 attached dwelling units per floor shall form a single building for apartments.
(h)
No more than eight attached dwelling units shall form a single building for a townhouse or condominium.
(i)
Townhomes and condominium dwellings shall not front face-to-face, or back-to-back less than 50 feet apart, and the front of a dwelling shall not face the rear of another dwelling unless separated by 100 feet.
(j)
Dwelling units shall have private open space including enclosed balconies, sundecks, patios equivalent to ten percent of the floor area of the unit served.
(k)
Primary materials and finishes are required to consist of 50 percent natural wood, brick, brick veneer, stacked stone, marble, unglazed tile, split face block/concrete masonry unit, finished concrete tilt up, concrete masonry unit, or finished concrete block.
(l)
Secondary materials permitted for trim and accents can include metal, aluminum or vinyl siding stucco or EIFS, engineered fiber cement board, composite vinyl siding.
(m)
All buildings shall provide articulated building planes along each elevation, containing variations of mass to voids in a coordinated rhythm. Acceptable variations include fluctuations in the building plane on each elevation, which incorporate architectural elements such as building projections, roof lines, material changes, windows, canopies, arcades, eaves, and other decorative features that enhance the building's appearance. A flat unarticulated wall with just windows and doors serving as voids is prohibited.
(n)
A minimum of ten percent of the total buildable area in any parcel shall be devoted to formal landscaping (including ground cover, grass, or sod), in addition to any required landscape buffers.
(o)
Ground and roof mounted equipment shall be screened from view with landscaping or solid fencing.
(p)
Parking lot lighting poles and fixtures, if constructed, shall complement the overall site architecture and design in terms of scale, color, and style, and shall not exceed 20 feet in height.
(q)
Night-time intersection lighting at primary entrances will be required, with the cost for installation and maintenance to be borne by the developer or a common interest element.
(r)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(s)
Uses that propose night lighting other than incidental security lighting shall be required to submit a photometric plan to enable the evaluation of impacts from illumination and that are compliance with the outdoor lighting requirements.
(t)
Temporary or portable structures for offices or storage is prohibited.
(Amd. of 4-4-23(2), § 1438)
(a)
There should be distinctly different front façade designs for each dwelling unit including variation in width or height, roof planes, location and proportion of front porches and garages. Mirror images or repetition of the same configuration of each dwelling are prohibited.
(b)
Except for trim, each dwelling unit should have a primary and secondary material coverage on the front and side building façade.
(c)
If the primary materials and finishes except for trim and accents include aluminum or vinyl siding, then secondary materials and finishes are required to consist of 25 percent natural wood, brick, brick veneer, stacked stone, unglazed tile, fiber-cement, or a combination thereof.
(d)
Street lighting within the development will only be allowed under a county streetlight special tax district.
(e)
Night-time intersection lighting at primary subdivisions entrances will be required, with the cost for installation and maintenance to be borne by the developer or a common interest element.
(f)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(Amd. of 4-4-23(2), § 1439)
(a)
Standards for all zoning districts:
(1)
Buildings and structures, including parking and circulation areas shall be set back 150 feet from the property line and 500 feet from any residence.
(2)
The buffer width shall be two times the minimum required.
(3)
Hours of operation are limited to 9:00 a.m. to 11:00 p.m.
(4)
No outdoor amplified sound or entertainment is allowed between 11:00 p.m. and 9:00 a.m.
(5)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(6)
The following information must be submitted to the administrative officer with any conditional use application:
A site plan, survey or sketch drawing depicting the location of event structures, signage in compliance with the county sign ordinance, parking and traffic circulation for guests and staff, emergency vehicle access route, location of sanitation and refuse facilities, including portable toilets or restrooms connected to the sanitary sewer system.
(7)
A right-of-way encroachment permit shall be applied for with the county engineer's office for approval of driveway access, design and construction.
(8)
Prior to each event, where applicable proof of the following must be submitted to the administrative officer:
(9)
Catered alcohol service shall have a proper license issued by the county.
(10)
Catered food service is subject to proper permitting issued by the county health department.
(b)
Standards for commercial zoning districts:
(1)
The minimum lot size is three acres.
(2)
Maximum number of guests is 300.
(3)
All driveways, parking and circulation areas shall be on a paved asphalt or concrete surface.
(c)
Standards for the Agricultural-Residential (AG-5) zoning district:
(1)
The venue in whole or in part must be on property used for bona fide agricultural purposes and contains land that is classified as such by the county's property appraiser (agricultural exemption).
(2)
Minimum lot size is ten acres.
(3)
Maximum number of guests is 300.
(4)
Parking and circulation areas for event patrons must be on a surface that is flat and durable enough to withstand the event traffic except where required by off-street parking standards and should not be a fire hazard.
(5)
Commensurate with the number of guests, portable toilets must be provided, unless the property has adequate restroom facilities that are connected to the sanitary sewer or septic system.
(Amd. of 4-4-23(2), § 1440)
(a)
Buildings and structures, including parking and circulation areas shall be set back 150 feet from the property line and 1,000 feet from any residence.
(b)
The buffer width shall be two times the minimum required, with a noise barrier for activities that generate over 50 decibels.
(c)
Minimum lot size of ten acres.
(d)
Hours of operation are limited to 8:00 a.m. to 10:00 p.m., including all deliveries.
(e)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(f)
Prior to a certificate of occupancy or other development permit being issued, proof of the following must be submitted to the administrative official:
(1)
A site plan, survey or sketch drawing depicting the location of event structures, signage in compliance with the county sign ordinance, parking and traffic circulation for guests and staff, emergency vehicle access route, location of sanitation and refuse facilities, including portable toilets or restrooms connected to the sanitary sewer system.
(g)
Prior to each event, where applicable proof of the following must be submitted to the administrative officer:
(1)
Catered alcohol service shall have a proper license issued by the county.
(2)
Catered food service is subject to proper permitting issued by the county health department.
(Amd. of 4-4-23(2), § 1441)
(a)
Buildings or structures shall be 100 feet from any residence.
(b)
Hours of operation are limited to 8:00 a.m. to 10:00 p.m.
(c)
An adequate fire access route shall be reviewed and approved by the fire chief.
(d)
A parking and circulation plan are required.
(e)
If proposed as part of a residential subdivision or multi-family development, a community recreation facility must be built during the first phase if the development has phases, and no more than 40 percent of first phase of the dwelling units authorized within the development or subdivision phase will be granted building permits until the community recreation facility is completed.
(Amd. of 4-4-23(2), § 1442)
(a)
Buildings or structures shall be 500 feet from any residence.
(b)
All campers, tents, trailers and vehicles shall be 50 feet from a public road or right-of-way.
(c)
Every vehicle or trailer must be parked at least 20 feet apart from each other.
(d)
The buffer width shall be four times the minimum required with an approved fence, wall or berm.
(e)
Minimum lot size of ten acres.
(f)
Minimum of camping site size of 360 square feet for tents, 720 feet for campers, and 1,200 square feet for recreational vehicles.
(g)
Minimum 100 feet of road frontage is required.
(h)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(i)
Only passive recreational activities are permitted, such as hiking, bicycling, walking, picnicking, canoeing, fishing and wildlife observation, etc.
(j)
Recreational vehicle parks shall be connected to a public water supply and a public sanitary sewer system or a community water system and on-site sewage management system approved by the county health department.
(k)
All access roads within the development shall be private with a minimum easement width of 40 feet and on a paved asphalt or concrete surface with a minimum pavement width of 20 feet, and lighted with a minimum spacing of 200 feet each between streetlights.
(l)
At least 20 percent of the park must be set aside as open space or for recreation purposes.
(m)
No recreational vehicle or space shall be rented or occupied for a period of more than 30 days.
(n)
Management offices, active indoor or passive outdoor recreational facilities, toilets, showers, laundry facilities and other uses and structures customarily incidental to the operation of a recreational vehicle park are permitted as accessory uses, provided use is restricted to the occupants of the park.
(o)
A copy of the park management rules and regulations must be submitted to the administrative official for approval prior to a certificate of occupancy. The park operator will be responsible for ensuring that visitors comply with the rules and regulations.
(Amd. of 4-4-23(2), § 1443)
(a)
Buildings or structures shall be 500 feet from any residence.
(b)
Inverters, transformers and similar noise producing equipment (not including arrays or panels) shall be placed a minimum of 75 feet away from properties abutting adjacent residential properties.
(c)
Minimum lot size is ten acres.
(d)
The buffer width shall be two times the minimum required with an approved fence, wall or berm.
(e)
Screened chain-link or pressure treated lumber security fencing will be required at a minimum height of six feet, but not at a greater height than eight feet around the perimeter of the facility inside the required setbacks, and it shall be regularly maintained.
(f)
All mechanical equipment (including arrays and panels) and outdoor lighting fixtures shall be limited to a height of 15 feet.
(g)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(h)
Solar panels shall not be placed in the vicinity of any airport in a manner that would interfere with airport flight patterns.
(i)
A right-of-way encroachment permit shall be applied for with the county engineer's office with design and construction providing for a paved asphalt or concrete surface driveway and apron leading to any access gate upon completion of the project.
(j)
The developer shall be able to graphically demonstrate to the administrative officer through the use of renderings, photographs or similar credible media that proposed solar collection devices, or combination of devices, shall be designed and located to avoid glare or reflection onto adjacent properties and adjacent roadways and shall not interfere with traffic or create a safety hazard.
(k)
Textured glass and/or anti-reflective coating shall be used on solar panels to minimize glare.
(l)
Any solar collection device or combination of devices that is not operated for a continuous period of 12 months and for which there are no applications pending for permitted use of the structure at the end of such 12-month period, shall be considered abandoned, whether or not the owner or operator intends to make use of the device(s). The owner of an abandoned solar collection device and the owner of the property where the abandoned solar collection device is located shall be under a duty to remove such device. If such device is not removed within a reasonable time, not to exceed three months, after receipt of notice from the governing authority notifying the owner(s) of such abandonment, the governing authority may remove such device(s) and place a lien upon the property for the costs of removal. The governing authority may pursue all legal remedies available to it to ensure that abandoned device(s) are removed. Delay by the governing authority to act shall not in any way waive the governing authority's right to do so.
(m)
The developer of any solar collection device or combination of devices shall provide the following documentation to the administrative official before any land development begins:
(1)
A recorded plat creating a new parcel containing the boundaries of the facility and showing the panel locations within a properly fenced area.
(2)
Name, address, phone number and contact information of the owners of the installed solar infrastructure which shall be submitted the county tax appraiser's office for personal property tax purposes.
(3)
Proof of adequate project financing, along with insurance or surety.
(4)
Proof of compliance with regard to interconnection requirements with appropriate public utilities or public utilities regulatory agencies.
(5)
A letter from the Georgia Department of Natural Resources that there are no adverse impacts on historical or cultural resources.
(6)
Submission of a site plan that meets the requirements of the county soil erosion and sedimentation ordinance, and a drainage plan approved by the county engineer.
(Amd. of 4-4-23(2), § 1444)
(a)
There shall be an additional permit required for placement of a temporary occupancy unit with a fee as prescribed in the county's schedule of fees. Subject to any other conditions of expiration herein, a temporary occupancy permit shall be valid for one year. The zoning administrator may grant a one-year extension of the permit if, in the zoning administrator's opinion, the permittee has made a good-faith effort to construct the principal residential use.
(b)
If a valid building permit for a dwelling serving as a principal use on the subject lot, parcel or tract is not maintained, the temporary permit shall become void on the day the building permit lapses.
(c)
No more than one temporary occupancy unit may be occupied per parcel.
(d)
The temporary occupancy unit may be occupied either by the permanent occupants of the principal use under construction, or any work crew employed by the owner-occupant(s) whose purpose is for the construction of the principal use of the subject lot, parcel or tract. At no time shall any temporary occupancy unit be leased or rented for other residential or occupancy purposes.
(e)
The temporary occupancy unit must be removed no later than 30 days after receiving an approved certificate of occupancy for the principal residential structure, unless such unit is for the recreational use of the owner-occupant of the principal structure.
(f)
The temporary occupancy unit shall comply with all other applicable requirements of the zoning ordinance, including, but not limited to, setback and height requirements.
(g)
All recreational vehicles and campers shall be built to American National Standards Institute Code (ANSI).
(h)
If the temporary occupancy unit has restroom facilities that are used, the temporary occupancy unit must be attached to an on-site sewage disposal system (septic tank) approved by the county health department.
(i)
Heating systems shall be maintained in accordance with the manufacturer's requirements. Any additional or new solid or liquid-fuel burning appliances to be used in a recreational vehicle or camper shall be installed, used and maintained in accordance with the listing for the appliance and the manufacturer's requirements, including provisions allowing their use in recreational vehicles or campers.
(j)
LP-gas storage and delivery systems shall be maintained in accordance with the manufacturer's requirements. In lieu of complying with the manufacturer's requirements, additional storage of LP-gas is permitted provided the storage and delivery systems comply with the current editions of the Uniform Fire, Building and Mechanical Codes.
(k)
The recreational vehicle and campers shall be set up in compliance with the manufacturer's minimum specifications and shall remain mobile. No ancillary structures may be permitted with regard thereto for the temporary occupancies provided for herein.
(l)
The application for the placement and use of a manufactured home or mobile office for the purpose(s) herein may require the applicant to post a bond in the form of a surety bond, cash or irrevocable letter of credit in the amount not to exceed $3,000.00 per unit to ensure the removal of the temporary occupancy unit within the specified time frame.
(m)
Upon request of a county code enforcement officer investigating any complaint, satisfactory evidence shall be presented of continuing compliance with the applicable standards for temporary occupancy or the occupancy shall cease.
(Amd. of 4-4-23(2), § 1445)
(a)
No new establishment shall be located within one mile of an existing establishment measured across a straight line from property line to property line.
(b)
These establishments shall not be located within 300 feet, measured property line to property line, from a school (public or private), family day care home, child-care facility, youth center, community center, recreational facility, park, church or religious institution, hospital, or other similar uses where children regularly gather.
(c)
The buffer with shall be two times the minimum required with an approved fence, wall or berm.
(d)
All storefronts shall contain transparent glass windows that allow for views into the establishment from the nearest public right-of-way.
(e)
Temporary or portable structures for offices or storage is prohibited.
(f)
These establishments shall post clear signage stating that minors may not enter the premises unless accompanied by a parent or legal guardian. At least one such sign shall be placed in a conspicuous location near each public entrance to the smoke shop and tobacco store. It shall be unlawful for a smoke shop and tobacco store to fail to display and maintain, or fail to cause to be displayed or maintained, such signage.
(g)
Except for hookah lounges, no smoking shall be permitted indoors at any time.
(h)
No sales may be solicited or conducted on the premises to persons under the age of 21.
(Amd. of 4-4-23(2), § 1446)
(a)
Such facility must receive a permit from and comply with the rules of the Environmental Protection Division of the Georgia Department of Natural Resources for transfer stations.
(b)
The buffer shall be two times the minimum required with an approved fence, wall or berm.
(c)
Solid waste shall be confined to the interior of transfer stations, and not allowed to scatter to the outside. Waste shall not be allowed to accumulate, and floors, shall be kept clean and well drained.
(d)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(e)
Sewage solids shall be excluded from transfer stations.
(f)
Dust, odors and similar conditions resulting from transfer operations shall be controlled at all times.
(g)
Rodents, insects and other pests shall be controlled.
(h)
Any contaminated runoff from wash water shall be discharged to a wastewater treatment system and, before final release, shall be treated in a manner approved by EPD.
(i)
Hazardous waste: no person owning or operating a transfer station shall cause, suffer, allow, or permit the handling of regulated quantities of hazardous waste.
(Amd. of 4-4-23(2), § 1447)
(a)
Minimum setbacks. Utility substations, including any required fencing, must be set back a minimum of 60 feet from all public rights-of-way and from adjacent property lines of any lot on which a residence is located, and 30 feet from all other adjacent property lines.
(b)
Minimum lot size. The lot on which a utility substation is located must be of sufficient size to meet the minimum setback requirements; however, in no case shall the lot on which a utility substation is located be less than one-quarter acre.
(c)
Utility substations, including any woven wire fencing, shall be completely enclosed by decorative fencing such as, but not necessarily limited to, brick, stone or wood. Utility substations must also be enclosed by a woven wire fence at least eight feet high with bottom of fence either flush with the ground or with a masonry footing; however, the requirement for woven wire fencing may be waived if the applicant reasonably demonstrates that the utility substation does not pose a hazard to the public. If the requirement for woven wire fencing is waived, then the zoning administrator may waive the requirement for the building to be completely enclosed by decorative fencing if the zoning administrator determines that such waiver would not negatively impact the aesthetic quality of the building. However, all equipment located outside the building, such as but not limited to generators and tanks, shall be enclosed by decorative fencing.
(d)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(e)
No vehicles or equipment may be stored on the lot.
(f)
A buffer a minimum of 25 feet wide must be maintained along the side and rear property lines. If any decorative fencing requirements are waived, the zoning administrator may require additional landscaping to preserve the aesthetic quality of the site.
(g)
Any building at a utility substation site must be architecturally compatible with adjacent properties.
(h)
The applicant must submit a site plan to the administrative officer, showing the proposed location and design of any buildings, the proposed location and type of any exterior equipment, the proposed location and design of all fencing, any proposed landscaping, the means of ingress and egress, the uses of adjacent property, and the distance of all improvements from adjacent property lines and rights-of-way. The site plan must be approved by the administrative officer prior to the issuance of a permit, and the zoning administrator may require any modifications to the site plan necessary to achieve compliance with the standards and spirit of this ordinance.
(i)
The development standards in each district shall not apply to utility substations.
(Amd. of 4-4-23(2), § 1448)
(a)
No new establishment shall be located within one mile of an existing establishment measured across a straight line from property line to property line.
(b)
Buildings or structures shall be 250 feet from any residence.
(c)
Hours of operation are limited to 7:00 a.m. to 9:00 p.m., including all deliveries.
(d)
Maximum building size of 12,000 square feet.
(e)
Minimum lot size of two acres.
(f)
No merchandise for sale including vending machines shall be permitted outside of the building.
(g)
The buffer width shall be two times the minimum required with an approved fence, wall or berm.
(h)
Access shall only be from an arterial or collector road.
(i)
Use of sound amplification devices is prohibited.
(j)
A minimum of 20 percent of the site shall be landscaped, not including buffers.
(k)
Façades over 50 feet in length shall provide wall projections or recesses with a minimum of one foot in depth and a minimum of ten contiguous feet in length for each 100 feet.
(l)
A minimum of 25 percent of façades visible from a public street shall consist of window (real or faux) and door openings.
(m)
Parapets, gable and hip roofs or dormers shall be used to conceal flat roofs and roof top equipment from public view.
(n)
Temporary or portable structures for offices or storage is prohibited.
(o)
Seasonal, transient merchants and mobile vendors shall follow requirements of this ordinance.
(Amd. of 4-4-23(2), § 1449)
(a)
All buildings, structures, and outdoor runs shall be 200 feet from all property lines.
(b)
Minimum lot size of two acres where commercials kennels or outdoor runs are present.
(c)
The buffer width shall be two times the minimum required with an approved fence, wall or berm.
(d)
Animal boarding shall take place entirely within an enclosed building. Buildings shall be designed and constructed to mitigate noise to limit negative impacts on adjacent properties. Additional noise mitigation shall be required for existing buildings not originally built for the boarding of animals, including the use of acoustical tiles, caulking to seal penetrations made in floor slabs for pipes, and spray on noise insulation
(e)
Odors shall be controlled by means of an air filtration system or an equivalent measure.
(f)
Buildings housing animals shall have a drain connected to an approved sanitary facility, and shall not be located in a front yard, or buffer areas.
(Amd. of 4-4-23(2), § 1450)
(a)
The facility shall either be connected to a municipal wastewater treatment system for final treatment of wastewater created from the de-watering process, or the wastewater created from the de-watering process shall be discharged into a remote lift station of a municipal wastewater treatment system which is approved by the municipality. The facility shall be subject to the rules of the accepting municipality.
(b)
Minimum lot size shall be five acres.
(c)
No facility shall be within 1,000 feet of a residential dwelling.
(d)
No facility shall be within 100 feet of a floodplain or wetland.
(e)
No facility shall be within 300 feet of an individual or public water supply source or well.
(f)
No facility shall be within 300 feet of any water impoundment, lake, stream, pond or any permanent or intermittent waterbody considered waters of the state.
(g)
No facility shall be located in an unconfined aquifer which is used or may be used as a principal source of potable water.
(h)
Odor control methods must be used.
(i)
A 25-foot landscaped buffer consisting of trees capable of growing to a height of no less than 40 feet shall be installed and maintained along the side and rear property lines. If the facility is visible from the road accessing the property, either the aforementioned standard of landscaping or opaque fencing of no less than six, but not greater than eight feet in height shall be installed within the front setback.
(j)
Access to the property shall be on a paved public road with all driveway aprons being paved to the edge of the right-of-way.
(k)
All interior parking and circulation within the facility shall consist at a minimum of a gravel or similarly compacted pervious or impervious surface to minimize on-site erosion and runoff.
(l)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(m)
All on-site and off-site drainage shall be installed so as to minimize the potential for any pollution run-off and shall be compliant with NPDES requirements.
(n)
All collected solid waste must be deposited only in an EPD permitted solid waste handling facility authorized to receive the applicable waste types.
(o)
Wastewater pre-treatment facilities shall be paved and enclosed.
(p)
Vehicles or containers used for the collection and transportation of wastes shall be covered, substantially leakproof, durable, and of easily cleanable construction.
(q)
Solid waste collection and transportation vehicles shall be cleaned frequently and shall be maintained in good repair.
(r)
Vehicles or containers used for the collection and transportation of solid waste shall be loaded and moved in such a manner that the contents will not leak or spill therefrom.
(s)
All wastewater from cleaning of vehicles must be handled in a manner which meets all applicable environmental laws and regulations.
(t)
The facility shall be maintained in a clean and sanitary condition.
(u)
The facility shall receive all permits required by the State of Georgia.
(v)
No business that pumps or hauls waste from grease traps or septic tanks whose primary place of business is located outside of Bulloch County would be allowed to utilize this facility or transfer waste to a truck owned by a business in Bulloch County.
(Amd. of 4-4-23(2), § 1451)
(a)
May not operate within a 1,000-foot radius of a covered entity, measured from property boundary to property boundary.
(b)
For purposes of subsection (a), a "covered entity" means a public or private school; an early care and education program as defined in O.C.G.A. § 20-1A-2; or a church, synagogue, or other place of public religious worship, in existence prior to the date of licensure of the dispenser of low THC oil by the State Board of Pharmacy.
(c)
Subject to the procedures in section 410, a variance from the distance requirements in subsection (a) may be granted if it is determined that the variance is needed to allow retail outlets to be established to service registered patients residing within Bulloch County.
(Amd. of 8-1-23(1))
- SUPPLEMENTAL STANDARDS FOR SPECIFIC USES8
Editor's note— An amendment of Apr. 4, 2023(2), §§ 1401—14-51, repealed the former art. 14, §§ 1401—1404, and enacted a new art. 14 as set out herein. The former art. 14 pertained to MHP manufactured home park, and derived from the original Code and Ord. No. 1997-40, adopted Dec. 2, 1997.
The purpose of this article is to establish supplemental standards for specific uses and activities that are permitted or conditionally permitted in several or all districts. These standards intend to minimize the impacts of these uses and activities on surrounding properties and to protect the health, safety, and welfare of their occupants and of the general public.
(Amd. of 4-4-23(2), § 1401)
Each land use and activity covered by this article shall comply with the requirements of the section applicable to the specific uses or activities, in addition to any applicable standard required in the base or overlay district where the use or activity is proposed. Prior to a certificate of occupancy being issued, proof of the following must be submitted to the administrative officer:
(a)
Except for single-family and two-family residential developments, a contract or subscription with a private waste hauler is required.
(b)
The facility must meet all building, fire safety, health and safety and local tax compliance codes.
(c)
A right-of-way encroachment permit shall be applied for with the county engineer's office for approval of driveway access, design and construction.
(d)
Upon completion of 40 percent of a residential planned development, any required amenities shall be completed or installed.
(Amd. of 4-4-23(2), § 1402)
(a)
They may not be located closer than ten feet to any property line in AG-5, R80, R40, R25, R15, and R8 zoning districts or five feet in R2, R3, PUD, HC, GC, NC, LI and HI zoning districts; however, this requirement does not apply to fences.
(b)
Accessory buildings not attached to the principal building must be located at least 12 feet from the principal building on the lot.
(c)
They must be located in the rear or side yard; however, this requirement does not apply to fences. Not applicable in HC, GC, LI and HI zoning districts. Also, not applicable to lots of five acres or more in the AG-5 zoning district.
(d)
Accessory structures shall not be erected on a lot prior to the construction of the principal structure.
(e)
Accessory structures shall not be used as a dwelling unit, except as provided in section 1404 which sets forth standards for accessory dwellings.
(Amd. of 4-4-23(2), § 1403)
(a)
Accessory dwellings include, but are not limited to, site-built constructed structures including basement apartments, garage apartments, caretaker or other employee quarters, guesthouses, and other accessory dwellings.
(b)
Accessory dwellings are permissible within the principal dwelling or as a freestanding dwelling in the following zoning districts: AG-5, R80, R40, and R25 provided it is in a planned residential subdivision.
(c)
There shall be no more than one accessory dwelling unit per lot. Accessory dwellings contained within a principal dwelling shall comply with the following standards:
(1)
There shall be no more than one accessory dwelling in a principal dwelling unit.
(2)
The accessory dwelling shall not exceed 25 percent of the habitable floor area of the principal dwelling.
(3)
One additional off-street parking space shall be provided to serve the accessory dwelling.
(4)
The accessory dwelling shall comply with all building and health code standards.
(c)
Freestanding accessory dwellings shall comply with the following standards:
(1)
The accessory dwelling unit may be located in a second floor over a detached garage or may be a separate structure.
(2)
The accessory dwelling shall be located only within the side or rear yard.
(3)
Façade materials shall be identical to the principal structure.
(4)
The lot shall comply with the minimum lot area standards set forth in section 606.
(5)
One additional off-street parking space shall be provided to serve the accessory dwelling unit.
(6)
An accessory dwelling located in the AG-5 district shall be 750 (conditioned space) square feet or greater but shall not exceed 60 percent of the primary structure square footage up to 1,500 square feet, whichever is less.
(7)
Accessory dwellings located in residential districts shall be 750 (conditioned space) square feet or greater but shall not exceed 60 percent of the primary structure square footage up to 1,200 square feet, whichever is less.
(Amd. of 4-4-23(2), § 1404)
(a)
Horses, cows, pigs, ponies, donkeys and other domestic livestock may be kept, raised or bred for home use and enjoyment shall be allowed on tracts of two acres or more, but limited to one animal per acre.
(b)
Buildings or other structures which are located in residential districts and are used to accommodate or restrain animals noted in this section shall be located no less than 50 feet from all property lines and no less than 250 feet from any residence.
(c)
Four-foot landscape buffer width and fence from the rear of the primary building along the side and rear parcel boundaries, or a wall, or 100 percent opaque fence.
(d)
The keeping, breeding, or training of any animals or fowl for monetary gain or profit shall be deemed a commercial business and is expressly prohibited in all residential districts except where such operations may qualify as a home occupation.
(e)
The killing, slaughtering and/or butchering of livestock, fowl or other domestic or farm animals, whether for personal consumption or for resale or gift, is expressly prohibited in all residential districts.
(f)
Residential fowl restrictions.
(1)
No more than eight hens shall be kept on a residential lot as a non-commercial accessory use.
a.
Residential lots greater than eight acres may keep one additional hen per every whole acre over eight acres.
(2)
No rooster shall be kept upon the property.
(Amd. of 4-4-23(2), § 1405)
(a)
All buildings or structures shall be 1,000 feet from any residence.
(b)
Minimum lot size of five acres.
(c)
The buffer width shall be two times the minimum required with an approved fence, wall or berm.
(d)
Access shall only be from an arterial road.
(e)
Hours of operation are limited to 7:00 a.m. to 7:00 p.m., Monday through Saturday.
(f)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(g)
An operation plan containing the following information shall be submitted as part of the application for conditional use:
(1)
Date of commencement of the operation and its expected duration.
(2)
A description of the method of operation, including a description of the equipment to be used in the manufacturing process and transport of materials.
(3)
A traffic impact study shall be submitted as part of the application for conditional use approval identifying any state or county-maintained road or bridge within or adjacent to the property, and shall state any repaving, alterations, turning lanes, signalization, or other road additions or improvements necessary to accommodate the potential increase of traffic volume or weight occasioned by the proposed operations.
(Amd. of 4-4-23(2), § 1406)
(a)
Buildings or structures shall be 250 feet from any residence.
(b)
Minimum lot size of one acre for automotive sales and rental facilities.
(c)
Minimum lot size of three acres for commercial and industrial machinery and equipment sales and leasing facilities.
(d)
The buffer width shall be two times the minimum required with an approved fence, wall or berm.
(e)
Minimum road frontage of 200 feet.
(f)
Access shall only be from an arterial road.
(g)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(h)
Temporary or portable structures for offices or storage is prohibited.
(i)
Service bays with overhead doors shall not face a public road (unless provisions are made for screening them, or there is no reasonable alternative).
(j)
Vehicles and equipment not on display but approved for repair or service shall be parked and stored on a paved asphalt or concrete surface in a fully screened location on the rear or side lot with an opaque wall or fence, or within a building.
(k)
Vehicles and equipment areas shall not encroach a buffer area or a public right-of-way and segregated from employee or service area parking.
(l)
Adequate access and circulation space must be allocated, specifically identified on a site plan, and reserved on the site for the unloading of vehicles and equipment brought to the site by carriers.
(m)
All accessory merchandise shall be displayed and sold indoors.
(n)
All service work, maintenance and repair and vehicle washing shall be conducted in an enclosed building that is a permanent structure.
(Amd. of 4-4-23(2), § 1407)
(a)
Buildings or structures shall be 250 feet from any residence.
(b)
Minimum lot size of one acre.
(c)
Hours of operation are limited to 7:00 a.m. to 9:00 p.m.
(d)
Minimum road frontage of 200 feet.
(e)
Access shall only be from an arterial road.
(f)
All service work, maintenance and repair, sales of accessory merchandise, body work, and vehicle washing shall be conducted in an enclosed building that is within a permanent structure.
(g)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(h)
Temporary or portable structures for offices or storage is prohibited.
(i)
Service bays with overhead doors shall not face a public road (unless provisions are made for screening them, or there is no reasonable alternative).
(j)
Outside storage of parts, supplies and junk, or parking of non-operable vehicles or vehicles with body damage is prohibited.
(k)
Vehicles and equipment approved for repair or service shall be parked and stored on a paved asphalt or concrete surface in a fully screened location on the rear or side lot, or within a building. They shall not encroach a buffer area or a public right-of-way, and be segregated from employee or service area parking.
(l)
Adequate space must be allocated, specifically identified, and reserved on the site for the unloading of vehicles and equipment brought to the site by carriers.
(m)
Vehicles for sale, limited to three, shall be parked in designated parking spaces that do not encroach buffers or in public rights-of-way.
(Amd. of 4-4-23(2), § 1408)
(a)
Minimum lot size of one acre.
(b)
Minimum building size shall be 4,000 square feet, with a maximum of 8,000 square feet.
(c)
Minimum of four guest rooms, and a maximum of eight guest rooms.
(d)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(e)
One name plate sign is allowed for the establishment limited to 16 square feet.
(f)
The establishment must be a permanent residence for the owner.
(g)
Food service shall be limited to breakfast only, which shall be served only to guests taking lodging. Guest rooms shall not contain cooking facilities.
(h)
Cooking shall be done in a central kitchen for overnight guests only. Food preparation and service shall comply with all requirements of the county health department.
(Amd. of 4-4-23(2), § 1409)
(a)
No new establishment shall be located within one mile of an existing establishment measured across a straight line from property line to property line.
(b)
Minimum lot size of two acres.
(c)
Outdoor play or passive recreation areas shall be provided in a rear or side yard consisting of 50 square feet per person, and shall be enclosed by a solid wall or fence at least six feet in height.
(d)
No basement, attic, or accessory building shall be used for boarding house purposes.
(e)
Parking shall be in the side or rear yard, and shall be 25 feet from any property line.
(f)
No room shall be occupied as a sleeping room by any person unless there are at least 120 square feet of bedroom space, exclusive of wardrobe and closet space, for each and every person occupying any such room.
(g)
All sleeping quarters shall be served by working heating and cooling facilities and a bed with a mattress for each registered occupant.
(h)
Cooking shall be done in a central kitchen for overnight guests only. Food preparation and service shall comply with all requirements of the county health department.
(i)
At least one flush water closet, lavatory basin, and bathtub or shower, connected to a water and sewerage system and in good working condition, shall be supplied for each eight persons or fraction thereof residing within a home. All such facilities shall be located within the dwelling so as to be accessible from a common hall or passageway to all persons sharing such facilities. Every lavatory basin and bathtub or shower shall be supplied with hot and cold water at all times.
(Amd. of 4-4-23(2), § 1410)
(a)
No new establishment shall be located within one mile of an existing establishment measured across a straight line from property line to property line.
(b)
Body art studios shall not be located within 300 feet, measured property line to property line, from a school (public or private), family day care home, child care facility, youth center, community center, recreational facility, park, church or religious institution, hospital, or other similar uses where children regularly gather.
(c)
The buffer with shall be two times the minimum required with an approved fence, wall or berm.
(d)
All storefronts shall contain transparent glass windows that allow for views into the establishment from the nearest public right-of-way.
(e)
All canopy lighting shall be recessed into its ceiling.
(f)
Temporary or portable structures for offices or storage is prohibited.
(g)
The establishment shall comply with chapter 8, article 6 of the Bulloch County Code of Ordinances.
(Amd. of 4-4-23(2), § 1411)
(a)
Buildings or structures, including parking, circulation and storage areas shall be 250 feet from any residence.
(b)
The buffer width shall be two times the minimum required with an approved fence, wall or berm.
(c)
Access shall only be from an arterial road.
(d)
Use of sound amplification devices is prohibited.
(e)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(f)
Temporary or portable structures for offices or storage is prohibited.
(g)
Storage areas shall be fully enclosed with a fence or a wall and not used as a retail sales area.
(h)
Adequate access and circulation space must be allocated, specifically identified on a site plan, and reserved on the site for the unloading of vehicles and equipment brought to the site by carriers.
(i)
Merchandise displayed shall be stored in a fully screened location on the rear or side lot with an opaque wall or fence, or within a building.
(Amd. of 4-4-23(2), § 1412)
(a)
A cemetery must be located on a lot with a minimum size of one-eighth acre and a maximum size of one-half acre; provided, however, that a cemetery may be located on the same lot as a church, synagogue, chapel or other place of religious worship.
(b)
The property line of the lot on which a cemetery is located must be set back a minimum of 100 feet from any public road, street, right-of-way, or adjacent property line.
(c)
A cemetery must maintain a permanent non-illuminated sign identifying the name of the cemetery.
(d)
A cemetery must be enclosed by a chain-link or wooden fence at least four feet in height.
(e)
All graves in a cemetery must be identified with permanent grave markers.
(f)
Provided, however, that these development standards shall not apply to cemeteries governed by the Georgia Cemetery and Funeral Services Act of 2000 codified at O.C.G.A. tit. 10, ch. 14.
(Amd. of 4-4-23(2), § 1413)
(a)
It must be located on either an arterial or collector road.
(b)
The lot must have a minimum road frontage of 200 feet (except in a MHP district).
(c)
No church building shall be located within 100 yards of any establishment that has been licensed for the sale or consumption of alcoholic beverages. For purposes of this subsection, distance shall be measured by the most direct route of travel on the ground.
(d)
In R80, R40, R25, R15, R2, R3 and MHP districts, the lot must have an area of at least two and one-half acres, unless a cemetery is adjacent, then five-acre lot size is required.
(e)
In R80, R40, R25 and R15 districts, off street parking shall be provided as set forth in the parking section of this ordinance.
(f)
Setbacks for churches (where no cemetery is developed):
(Amd. of 4-4-23(2), § 1414)
(a)
Prior to approval of the certificate of completion or occupancy, the applicant shall provide written verification from the electrical service provider stating the following:
(1)
Adequate capacity is available on the applicable supply lines and substation to ensure that the capacity available to serve the other needs of the service area is consistent with the normal projected load growth envisioned by the provider.
(2)
Utility supply equipment and related electrical infrastructure are sufficiently sized and can safely accommodate the proposed use.
(3)
The use will not cause electrical interference or fluctuations in line voltage on and off the operating premises.
(b)
Prior to approval of the certificate of completion or occupancy, the applicant shall provide the county with written verification that the electrical work has passed a third-party final inspection.
(c)
All principal and accessory structures used for cryptocurrency mining operations, server farms, and/or data centers, shall be arranged, designed and constructed to be harmonious and compatible with the site and with the surrounding properties. If pre-fabricated, pre-engineered or modular structures are installed, the following standards are required:
(1)
All structures shall have concrete foundations.
(2)
All exterior façades shall have muted earth tone colors, and shall not be defective, decayed or corroded.
(3)
If intermodal shipping containers are utilized such installation shall comply with the requirements of the most recent edition of Industrialized Building Rules and Bulletins of the Georgia Department of Community Affairs.
(d)
The operations shall not cause the dissemination of vibration or noise in excess of the maximum environmental noise level established by Bulloch County Code of Ordinances chapter 10, article VI. The operators shall not cause, allow, or permit the operation of any source of sound which creates at an occupied residential building or defined sensitive receiver, as may exist at the time of the issuance of a certificate of completion or occupancy, a sound level that exceeds a daytime continuous sound level of 50 dBA or a nighttime continuous sound level of 45 dBA, for any 15-minute measurement interval unless otherwise permitted.
(e)
The operators shall not cause, allow, or permit the operation of any source of sound which creates a pure tone where the one-third octave band sound pressure level in the band of interest exceeds the arithmetic average of the sound-pressure levels for the two adjacent one-third octave bands by the corresponding decibel (dB (flat)) values as follows:
(1)
Five dB for center frequencies of 500 hertz and above;
(2)
Eight dB for center frequencies between and including 160 and 400 hertz; and
(3)
Fifteen dB for center frequencies less than or equal to 125 hertz.
(4)
A pure tone shall be deemed present by measurement.
(f)
For permitting and compliance purposes, measurements shall be performed using a calibrated Type 1 sound level meter, configured to log and record one-third octave flat-weighted equivalent sound pressure levels, and A-weighted equivalent level (Leq), slow time weighting, with a 15-minute averaging interval. Measurements shall be made proximate to, but no closer than, 100 feet from an occupied residential structure or other designated sensitive receiver. Transient background sounds must be excluded from the measurement period by post-processing or other means. Compliance is indicated if the noise solely generated by the operator cannot be discriminated from the equivalent-continuous background sound pressure level, or if the noise levels solely generated by the operator otherwise conform to the requirements of subsection (e) and subsection (f).
(g)
Prior to the issuance of a certificate of completion or occupancy, a report with noise level test results shall be submitted for approval by the applicant from a qualified acoustical professional for the purpose of demonstrating compliance.
(h)
A noise reduction barrier or device may be required at the discretion of the zoning administrator when it is conclusive that noise level tests do not conform to subsections (e) and (f).
(i)
Terminology as used herein related to acoustic levels and measurements follow American National Standard ANSI S12.9: "Quantities and Procedures for Description and Measurement of Environmental Sound—Part 1: Basic Quantities and Definitions," and ANSI S12.9: "Quantities and Procedures for Description and Measurement of Environmental Sound. Part 3: Short-term measurements with an observer present."
(j)
The limitations of subsection (e) and subsection (f) herein shall not apply to any residential or sensitive receiver that is established after the date of issuance of a certificate of completion or occupancy for the applicant's operation.
(k)
The equipment used in any commercial cryptocurrency mining operation shall be housed in a metered electrically grounded and pre-engineered metal-encased structure with a fire rating designed to resist an internal electrical fire for at least 30 minutes. The containment space shall contain baffles that will automatically close in the event of fire independent of a possible electric system failure.
(l)
Any use or activity producing air, dust, smoke, glare, exhaust, heat, or humidity in any form shall be carried on in such a manner that it is not perceptible at or beyond the property line.
(m)
Any use of cargo containers or ISO shipping containers or similar as housing, whether horizontally combined or independent of other structures for the commercial cryptocurrency mining operation, shall not be vertically combined to exceed a height greater than nine feet.
(n)
Each commercial cryptocurrency mining operation shall provide a 24-hour emergency contact signage visible at the access entrance. Signs shall include company name if applicable, owner/representative name, telephone number, and corresponding local power company and telephone number.
(o)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(p)
The buffer width shall be four times the minimum required with an approved fence, wall or berm.
(q)
Any commercial cryptocurrency mining operation that is not operated for a continuous period of 12 months and for which there are no applications pending for permitted use of the structure at the end of such 12-month period, shall be considered abandoned, whether or not the owner or operator intends to make use of the device(s). The owner of an abandoned server farm or data center, and the owner of the property where the abandoned server farm and data center are located shall be under a duty to remove such facilities. If such facilities are not removed within a reasonable time, not to exceed three months, after receipt of notice from the governing authority notifying the owner(s) of such abandonment, the governing authority may remove such facilities and place a lien upon the property for the costs of removal. The governing authority may pursue all legal remedies available to it to ensure that abandoned device(s) are removed. Delay by the governing authority in acting shall not in any way waive the governing authority's right to act.
(Amd. of 4-4-23(2), § 1415)
(a)
Supplemental standards for drive-through facilities shall be observed in addition to the standards below.
(b)
Principal and accessory uses must be 100 feet from a public right-of-way.
(c)
The buffer width shall be two times the minimum required with an approved fence, wall or berm.
(d)
If the facility is an accessory use, the facility must comply with building setbacks for a principal use.
(e)
The number of washing and drying/detailing bays shall be limited to ten.
(f)
Vehicle washing activities other than drying must occur inside a building or bay.
(g)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(h)
Where public sanitary sewer is available, wastewater must be filtered, recycled, or otherwise cleansed to minimize the discharge of soap, wax and solid matter into public sewers.
(i)
Temporary or portable structures for offices or storage is prohibited.
(j)
At all times solid waste generated must be contained and disposed of in an approved on-site solid waste container.
(k)
Automated drive-through wash facilities shall have a by-pass lane for passing vehicles.
(l)
The operations shall not cause the dissemination of vibration or noise in excess of the maximum environmental noise level established by Bulloch County Code of Ordinances chapter 10, article VI. The operators shall not cause, allow, or permit the operation of any source of sound which creates at an occupied residential building or defined sensitive receiver, as may exist at the time of the issuance of a certificate of completion or occupancy, a sound level that exceeds a daytime continuous sound level of 50 dBA or a nighttime continuous sound level of 45 dBA, for any 15-minute measurement interval unless otherwise permitted.
(m)
The operators shall not cause, allow, or permit the operation of any source of sound which creates a pure tone where the one-third octave band sound pressure level in the band of interest exceeds the arithmetic average of the sound-pressure levels for the two adjacent one-third octave bands by the corresponding decibel (dB (flat)) values as follows:
(1)
Five dB for center frequencies of 500 hertz and above;
(2)
Eight dB for center frequencies between and including 160 and 400 hertz; and
(3)
Fifteen dB for center frequencies less than or equal to 125 hertz.
(4)
A pure tone shall be deemed present by measurement.
(n)
For permitting and compliance purposes, measurements shall be performed using a calibrated Type 1 sound level meter, configured to log and record one-third octave flat-weighted equivalent sound pressure levels, and A-weighted equivalent level (Leq), slow time weighting, with a 15-minute averaging interval. Measurements shall be made proximate to, but no closer than, 25 feet from an occupied residential structure or other designated sensitive receiver. Transient background sounds must be excluded from the measurement period by post-processing or other means. Compliance is indicated if the noise solely generated by the operator cannot be discriminated from the equivalent-continuous background sound pressure level, or if the noise levels solely generated by the operator otherwise conform to the requirements of subsection (e) and subsection (f).
(o)
Prior to the issuance of a certificate of completion or occupancy, a report with noise level test results shall be submitted for approval by the applicant from a qualified acoustical professional for the purpose of demonstrating compliance.
(p)
A noise reduction barrier or device may be required at the discretion of the zoning administrator when it is conclusive that noise level tests do not conform to subsections (e) and (f).
(q)
Terminology as used herein related to acoustic levels and measurements follow American National Standard ANSI S12.9: "Quantities and Procedures for Description and Measurement of Environmental Sound—Part 1: Basic Quantities and Definitions," and ANSI S12.9: "Quantities and Procedures for Description and Measurement of Environmental Sound. Part 3: Short-term measurements with an observer present."
(r)
The limitations of subsection (e) and subsection (f) herein shall not apply to any residential or sensitive receiver that is established after the date of issuance of a certificate of completion or occupancy for the applicant's operation.
(Amd. of 4-4-23(2), § 1416)
(a)
Buildings or structures shall be 250 feet from any residence.
(b)
Minimum lot size of one acre.
(c)
Service bays with overhead doors shall not face a public road (unless provisions are made for screening them, or there is no reasonable alternative).
(d)
All maintenance and repair work shall be conducted within an enclosed building.
(e)
Vehicles, parts and implements, and any equipment associated with the establishment shall be stored within a building, or in a side or rear yard of the lot, fully screened from view of all public roads and nearby properties via buildings and/or a solid, opaque wooden fence or masonry wall at least six feet in height.
(f)
All outdoor surfaces where vehicles are parked or stored or where parts, implements, or any equipment associated with the establishment is stored outside, shall be on a paved asphalt or concrete surface.
(g)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(h)
Temporary or portable structures for offices or storage is prohibited.
(Amd. of 4-4-23(2), § 1417)
(a)
Minimum lot size of two acres.
(b)
No new establishment shall be located within 1,000 feet of an existing establishment measured across a straight line from property line to property line.
(c)
A buffer area and screening are required on side and rear lot lines.
(d)
Hours of operation are limited to 6:30 a.m. to 6:30 p.m., including all deliveries.
(e)
Outdoor play or passive recreation areas shall be provided in a rear or side yard consisting of 50 square feet per person, and shall be enclosed by a solid wall or fence at least six feet in height.
(f)
The facility shall provide adequate areas for the safe drop-off and pick-up of children in a driveway, turnaround or parking area.
Specifically for residential zones: There is no external signage or other evidence of the use of the dwelling as other than a residential dwelling unit.
(Amd. of 4-4-23(2), § 1418; Amd. of 8-1-23(1))
Editor's note— An amendment of Apr. 4, 2023, amended the title of § 1418 to read as herein set out. The former § 1418 title pertained to day care facility, residential zone.
(a)
Drive through facilities should be included in a parking and circulation plan submitted to the administrative officer.
(b)
Drive-through lanes shall not be any closer than 50 feet to a residential zoning district.
(c)
The buffer with shall be two times the minimum required with an approved fence, wall or berm.
(d)
Stacking spaces shall not impede on-site or off-site traffic.
(e)
No drive through lane shall cross an access easement on the lot.
(f)
No drive through window shall be permitted on the front façade of a building.
(g)
Each drive-through aisle shall be separated from the circulation routes necessary for ingress or egress from the property, or access to a parking space.
(h)
Pedestrian walkways should not intersect the drive-through drive aisles, but where they do the walkways shall have clear visibility and shall be delineated by textured and colored paving.
(i)
Speakers associated with drive-through facilities must be located and designed to minimize noise levels on nearby uses. Sound attenuation walls, landscaping or other mitigation measures may be required to ensure that the facility will not have adverse noise-related impacts on nearby residential uses.
(j)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(k)
Menu/order boards shall be a maximum of 30 square feet, with a maximum height of six feet and shall be shielded from view from any public street.
(l)
Vehicle stacking lanes shall be a minimum of eight feet wide, and 160 feet in length for food service establishments, and 80 feet in length for all other uses.
(m)
A stacking lane is not required for accessory facilities where vehicles do not routinely queue up while waiting for the service. Examples are window washing, air compressor and vacuum cleaning stations.
(Amd. of 4-4-23(2), § 1419)
(a)
Any EV charging station installed shall be either a Level 2 or Level 3 charger and meet National Electrical Code standards.
(b)
If a charging station has more than one port, each port shall count as a charging station.
(c)
The proposed EV charging station and parking spaces shall be located within the side or rear yard of a principal building and shall not front on a public right-of-way, unless setback at least 200 feet.
(d)
The designated parking space(s) for EV chargers shall be above the minimum number of parking spaces required for the entire site, but comprising no more than ten percent of total parking spaces.
(e)
The parking space dimensions for an EV charging station are a minimum of ten feet wide by 20 feet long when new spaces are installed for such use.
(f)
Each parking space designated for an EV charging station shall be clearly marked as reserved for EV charging only.
(g)
The charging station/equipment shall be setback 24 inches from the face of the parking space, and be protected by wheel stops, curbs or bollards.
(h)
Charging station equipment shall not exceed eight feet in height.
(i)
Charging stations shall not include overhead canopies.
(j)
There shall be no appurtenances attached to the charger other than what is necessary for operation.
(k)
Cords or connectors shall be configured so that they do not cross a driveway, sidewalk or passenger unloading area.
(l)
The location, legend, and mounting height details for any proposed electric vehicle parking sign shall be included on the plans and submitted with the building permit application.
(h)
Adequate security and lighting for use of the charging station shall be provided. All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(m)
Any electric vehicle charging station or combination of stations that is not operated for a continuous period of 90 days and for which there are no applications pending for permitted use of the structure at the end of such 90-day period, shall be considered abandoned, whether or not the owner or operator intends to make use of the station. The owner of an electric vehicle charging station and the owner of the property where the abandoned station is located shall be under a duty to remove such station. If such station is not removed within a reasonable time, not to exceed three months, after receipt of notice from the governing authority notifying the owner(s) of such abandonment, the governing authority may remove such device(s) and place a lien upon the property for the costs of removal. The governing authority may pursue all legal remedies available to it to ensure that abandoned device(s) are removed. Delay by the governing authority to act shall not in any way waive the governing authority's right to do so.
(Amd. of 4-4-23(2), § 1420)
(a)
Minimum lot size of two acres in residential districts, and five acres in the AG-5 agricultural-residential.
(b)
No new establishment shall be located within 1,000 feet of an existing establishment measured across a straight line from property line to property line.
(c)
There is no external signage or other evidence of the use of the dwelling as other than a residential dwelling unit.
(d)
The managing caregiver must be the owner of the property and a full-time resident of the facility.
(e)
Outdoor play or passive recreation areas shall be provided in a rear or side yard consisting of 50 square feet per person, and shall be enclosed by a solid wall or fence at least six feet in height.
(Amd. of 4-4-23(2), § 1421)
(a)
Minimum lot size of 30 acres.
(b)
Must produce no less than 2,000 gallons of wine annually.
(c)
In granting a conditional use permit for a farm winery, the board of commissioners may specify allowable uses related or complementary to the operation of the farm winery other than the production and sale of wine. A farm winery that is granted a conditional use permit is prohibited from engaging in any use not specified in the conditional use permit (or otherwise allowed as a permitted use in the AG-5 zoning district) without applying for and being granted a modification of the conditional use permit by the board of commissioners. The following list of related or complementary uses that may be specified in a conditional use permit for a farm winery is not intended to be exhaustive but is merely illustrative of the types of uses the board of commissioners may consider in granting or modifying the conditional use permit:
(1)
Facilities to host private and public functions, including, but not limited to, weddings, receptions, dinners, festivals and socials.
(2)
Principal dwellings.
(3)
Parks or open space which is privately owned, operated or maintained.
(4)
Bed and breakfast inn.
(5)
Restaurant.
(6)
Wedding chapel.
(Amd. of 4-4-23(2), § 1422)
(a)
Standards applicable to all freight facilities:
(1)
Unless located in an existing planned industrial park, no new establishment shall be located within two miles of an existing establishment measured across a straight line from property line to property line.
(2)
All new establishments must be located within 1.5 miles of Interstate 16.
(3)
Buildings or structures, including vehicle and container storage, parking and circulation areas shall be 300 feet from any residence.
(4)
A road frontage buffer and landscape strip are required.
(5)
The buffer width shall be two times the minimum required with an approved fence, wall or berm.
(6)
Perimeter fencing is required and must be decorative metal or dark vinyl-coated chain link with landscaping external to fencing.
(7)
A solid fence or wall is required to screen truck headlights contiguous to any residential property.
(8)
Minimum lot size of ten acres.
(9)
Access shall only be from an arterial road, unless within a planned industrial park.
(10)
All access, circulation and designated parking areas shall be on a paved asphalt or concrete surface.
(11)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(12)
A stormwater management plan is required for review and approval.
(13)
Vehicle gates or access control features shall not be installed within 150 feet of the public right-of-way.
(14)
Truck stop electrification equipment must be provided for a minimum of 25 percent of the parking spaces.
(15)
Maximum vertical stacking for intermodal shipping containers is limited to two containers in height.
(16)
The following uses or activities are prohibited:
a.
Temporary or portable structures for offices or storage except when permitted with an active building permit. Structure(s) must be removed upon the conclusion of the building permit.
b.
Vehicle repairs or dismantling of vehicles owned or operated by an entity other than the property owner.
c.
Maintenance or sales are only allowed for company-owned vehicles or trailers; unrelated party sales or transactions of any kind are prohibited.
d.
Long-term storage of parts.
e.
Non-operable, salvaged or abandoned vehicles.
(17)
Containers will be stacked in a "pyramid" appearance along the front of the site. Corner lots shall be treated as having two front property lines. The initial row shall not exceed one container in height, with such successive interior row gaining one container in height to a maximum of two containers in height. For the sides beyond the front area, the "pyramid" appearance shall not be required.
(18)
If containers or container trailers are to be stacked, a stacking plan must be approved by the administrative official. Such plan shall, at a minimum, show the location of all abutting streets and sidewalks, all internal travel-ways, a stacking schedule, and the proposed maximum stacking height, and shall indicate how it meets all of the requirements of this section.
(b)
Standards applicable to freight terminals:
(1)
Outdoor storage except for trailers waiting to be loaded or unloaded is prohibited.
(2)
All loading docks shall be screened from view of the public right-of-way.
(Amd. of 4-4-23(2), § 1423; Amd. of 2-6-24)
(a)
Buildings or structures shall be 250 feet from any residence.
(b)
Fuel pumps must be located at least 50 feet from any public right-of-way or lot line.
(c)
Maximum building size of 7,500 square feet, unless the use is within or attached to a multi-tenant building, the floor area cannot exceed 15 percent of the gross floor area of the entire building or 5,000 square feet, whichever is greater.
(d)
Minimum lot size of two acres.
(e)
Vehicle repair or service is prohibited.
(f)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(g)
Drive-under canopies shall only utilize recessed lighting.
(h)
Earth tone colors complimentary to building design shall be required.
(i)
The color of the canopy sign should be compatible with the color or trim of the building façade or signage.
(j)
Merchandise for sale shall be inside of the building except for secured items such as ice coolers, propane gas or similar goods customary to convenience store sales. All such goods shall be attached to or contiguous to the principal building.
(k)
Temporary or portable structures for offices or storage is prohibited.
(l)
Outside vending machines except for tire pumps, water and vacuum cleaners are prohibited.
(m)
Ground floor front window paintings and signage shall cover no more than 25 percent of the total window and door area.
(n)
For all new buildings constructed after April 1, 2023, and existing buildings which expand the gross square footage of the buildings by more than 50 percent, the minimum ground floor transparency shall be 50 percent on the front façade consisting of windows and doors, and 20 percent on all other ground floor street facing façades.
(o)
Supplemental standards for drive-through facilities and small-scale retail and commercial service centers shall be observed.
(Amd. of 4-4-23(2), § 1424)
(a)
The following list of uses allowable as cottage industries is illustrative only and is not intended to be exhaustive: sales of antiques and collectibles, art or photography studios, computer software development, handicrafts, ironworking or blacksmith shop, construction or trades office, furniture repair or refinishing, pottery shop, real estate sales office, small equipment repair, woodworking shop, excavating contractors, small engine and boat repair.
(b)
Cottage industries are appurtenant and accessory uses.
(c)
The cottage industry shall conform to the development standards in the applicable zoning district, except as provided below.
(d)
The cottage industry must be owned and operated by the owner of the property upon which the cottage industry is to be located, or the business owner must have written approval of the owner of the property, if the applicant is a tenant.
(e)
The appurtenant and accessory structure used as a cottage industry shall not occupy a total area greater than 2,400 square feet.
(f)
All activity related to the conduct of the business or industry, except for activities related to the growing and storing of plants, shall be conducted within an enclosed structure or be sufficiently screened from view of adjacent residences. A buffer may be required by the administrative officer if it is determined that the use needs to be sufficiently screened from view of adjacent residences, using site location, topography, landscaping, fencing, the retention of native vegetation, or a combination thereof.
(g)
No cottage industry shall be located on a lot less than 80,000 square feet in size, regardless of whether the lot was a lot of record at the time of the original passage of this section (November 4, 1994).
(h)
Except for outside storage of materials or equipment, all business operations, activities, and transactions associated with the cottage industry shall be conducted entirely within the primary dwelling unit and/or in an accessory building located on the same lot. No business operations, activities, or transactions shall be conducted in any portion of the lot not approved for cottage industry use by the county.
(i)
Business traffic (either by the business operators or business customers) is permitted only between the hours of 8:00 a.m. and 6:00 p.m. The use shall not generate pedestrian or vehicular traffic beyond that normal in the neighborhood in which it is located. Traffic generated by the cottage industry shall not exceed the level of service adopted for the public roadway which accesses the use, nor generate significant traffic in excess of that normally generated by typical uses found within the particular district.
(j)
No business may provide drive-through service.
(k)
The use of more than six general purpose and/or heavy-duty vehicles and the employment of more than six employees for exclusive use of the business are prohibited. In approving the conditional use, the number of vehicles that may be parked on the premises at any time may be limited and vehicles may be required to be kept behind an enclosed fenced or buffered area.
(l)
A permitted cottage industry shall maintain a service agreement with a competent waste handler chosen from a list provided by the hazardous waste management section of the Georgia Environmental Protection Division of the Georgia Department of Natural Resources, for the periodic removal and recycling of any batteries, gasoline, oil, transmission fluid, brake fluid, and other solvents and chemical agents. Interim storage of such materials shall be in a manner satisfactory to the county health department. The county public safety director shall verify the use or absence of hazardous materials for the cottage industry upon registration.
(m)
There shall be no parking or storage of damaged vehicles except on a temporary basis which is not to exceed 72 hours. Junk parts and junk vehicles shall not be kept outside the building.
(n)
No nuisances shall be produced including, but not limited to, smoke, glare, vibrations, noises, or odors that may be discernable by neighbors proximate to the dwelling unit.
(o)
There shall be no structural, electrical or plumbing alterations necessary for the cottage industry which are not customarily found in dwellings or residential accessory structures.
(p)
There shall be no outdoor display of merchandise on the premises.
(q)
All noise-generating operations shall be buffered.
(r)
All lights shall be directed on site and shielded to reduce glare to adjacent areas.
(s)
Business operations shall not cause any visual or audible interference with radio or television reception.
(t)
One sign is permitted advertising the cottage industry, not exceeding two square feet, that is nonmoving, and which has illumination, if any, which is non-flashing.
(Amd. of 4-4-23(2), § 1425)
(a)
The following and similar uses shall be considered home occupations, but are not limited to this list: accountant, addressing service, architect, art instructor, beauty shop (with no more than one operator), drafting, dressmaking, insurance agent, manufacturing agent, music instruction, (students: limited to two students at a time), teacher, notary public, photographer, real estate agent, and tax consultant.
(b)
The following and similar uses are considered appropriate uses of accessory buildings for home occupations: artist or craftsman's work area, photographic darkroom, clock repair shop, gunsmith shop, laboratory, pottery shop, and basket weaver's shop.
(c)
The following uses are prohibited as home occupations: auto sales or auto repair, restaurants, animal hospitals, veterinary clinics, funeral homes, retail or wholesale shops, machine shops or manufacturing.
(d)
The home occupation shall be operated by a resident of the home.
(e)
No home occupation shall employ more than two persons who do not reside in the dwelling located on the premises.
(f)
The home occupation must be incidental and subordinate to the residential use of the dwelling and must not change the residential character of the property.
(g)
No internal or external alterations shall be permitted which would change the fire rating for the structure.
(h)
The home occupation shall be limited to 25 percent of one floor of the square footage of the principal structure.
(i)
If an accessory structure is used for the business, the size of the accessory structure is limited to 25 percent of the square footage of the residential building. It shall be located behind the residential building with setback requirements of no less than 20 feet from the property line and 30 feet from the side yard.
(j)
No display of products shall be visible from the street.
(k)
One non-illuminated name plate, not more than two square feet in area may be attached to the building which shall contain only the name of the occupation conducted on the premises.
(l)
A home occupation shall be operated in such a manner as not to be a nuisance to adjacent residential structures. This shall apply to noise, lighting, traffic, and unsightly outside storage, where applicable.
(m)
No outside storage of materials or supplies used in connection with the home occupation shall be permitted.
(n)
All parking for the home occupation shall be located on the property and only on the side or rear yards.
(o)
Only vehicles designed and used primarily as passenger vehicles (including pickup trucks) shall be used in connection with home occupations in residential zoning districts.
(Amd. of 4-4-23(2), § 1426)
(a)
Buildings or structures shall be 250 feet from any residence.
(b)
Minimum lot size of two acres.
(c)
Extended stay hotels shall be classified as upper mid-scale or higher by the Smith Travel Report Chain Scales Report.
(d)
Management must be on the property 24 hours a day, seven days a week.
(e)
Daily maid service must be included in the standard room rate.
(f)
No extended stay hotel, motel, or facility shall provide lodging at an hourly rate.
(g)
No more than 25 guest rooms per acre shall be permitted.
(h)
Each guest room must have a minimum area of 240 square feet.
(i)
The facility must contain a lobby area of at least 750 square feet.
(j)
The facility must contain an enclosed, heated and air-conditioned laundry space containing a minimum of one clothes washer and one clothes dryer for each ten guest rooms.
(k)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(l)
Extended stay hotels, motels, or facilities must have a minimum of 25 percent of the lot area dedicated to either active or passive open space with a minimum size of 750 square feet. The open space shall include active recreation, such as a children's playground area, and/or passive recreation, such as green space and walking paths.
(m)
All vehicles parked at any extended stay hotel, motel, or facility must be in good working order.
(n)
Temporary or portable structures for offices or storage is prohibited.
(Amd. of 4-4-23(2), § 1427)
(a)
Buildings or structures, including parking and circulation areas, shall be 750 feet from any residence, and 500 feet from any property line.
(b)
Buildings or structures, including parking and circulation areas shall be 1,000 feet from any water body or flood zone.
(c)
The buffer width shall be two times the minimum required, with an opaque wall or fence of eight feet in height, and 100 percent opacity.
(d)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(e)
Materials or vehicles stored shall not exceed the height of the fence or wall.
(f)
There shall be no temporary or permanent storage outside of any fence or wall.
(g)
Objectionable smoke, noise, odors or other adverse impacts on adjoining properties is prohibited.
(h)
Any draining of fluids or removal of batteries from wrecked or towed vehicles must be completed in an enclosed structure on a concrete pad or floor or other impervious surface. Any drained fluids shall be disposed of in a manner consistent with state or federal regulations.
(i)
The ground surface in the outdoor work/storage area shall be covered with gravel, asphalt or concrete or other material as approved by the administrative official.
(j)
Vehicles may not be stored at an outdoor work/storage area for longer than 12 months.
(k)
Towing and wrecker service businesses are a separate type of business from salvage yards and junk yards. Towing and wrecker service businesses that store and resell used vehicle parts or dismantle, demolish, and abandon inoperable vehicles shall comply with all county ordinances that are applicable to salvage and junk yards.
(Amd. of 4-4-23(2), § 1428)
(a)
The buffer width shall be two times the minimum required with an approved fence, wall or berm.
(b)
All storefronts shall contain transparent glass windows that allow for views into the establishment from the nearest public right-of-way.
(c)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(Amd. of 4-4-23(2), § 1429)
(a)
Buildings or structures shall be 250 feet from any residence.
(b)
The buffer width shall be two times the minimum required with an approved fence, wall or berm.
(c)
All display units shall be setback 100 feet from the public right-of-way and a landscaped frontage strip or screening device is required.
(d)
Hours of operation are limited to 7:00 a.m. to 7:00 p.m.
(e)
Minimum lot size of two acres.
(f)
Minimum road frontage of 200 feet.
(g)
Access shall only be from an arterial road.
(h)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(i)
The sale of vehicles is prohibited.
(j)
No outside storage of parts or parking of non-operable vehicles or vehicles with body damage is prohibited.
(k)
Units on display shall not encroach a buffer area or a public right-of-way and shall be segregated from employee or service area parking.
(l)
An area shall be designated for employee and customer parking on such area shall be on a paved asphalt or concrete surface.
(m)
Adequate space must be allocated, specifically identified, and reserved on the site for the unloading of units and equipment brought to the site by carriers.
(n)
All access, circulation and designated parking areas shall be on a paved asphalt or concrete surface.
(o)
All accessory merchandise shall be sold indoors.
(p)
Temporary or portable structures for offices or storage is prohibited.
(q)
A permanent building or structure for sales or other business activities is required. Such building or structure shall be constructed or installed according to local building codes prior to occupancy.
(Amd. of 4-4-23(2), § 1430)
(a)
Buildings or structures shall be 100 feet from any residence.
(b)
The buffer with shall be two times the minimum required with an approved fence, wall or berm.
(c)
The minimum lot size shall be two acres.
(d)
Access shall only be on an arterial road, unless located in a planned industrial park.
(e)
Overhead access doors of individual bays shall not face any road frontage, unless provisions are made for screening them.
(f)
Building façades shall have muted earth tone colors.
(g)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(h)
Storage buildings or structures shall have gabled roofs with a 2:12 slope.
(i)
No individual building shall exceed 200 feet in length.
(j)
There shall be a minimum separation of 20 feet between buildings.
(k)
The minimum aisle width shall be 18 feet for one-way traffic and 36 feet for two-way traffic.
(l)
Traffic flow patterns in the aisle ways shall be clearly marked with directional signage and painted lane markings with arrows.
(m)
To assure appropriate access and circulation by emergency vehicles and equipment, a minimum turning radius for all aisle ways and access roads within the development will be determined by the fire chief and county engineer.
(n)
The maximum size of a storage bay shall be 1,000 square feet.
(o)
The facility shall be fenced along the entire perimeter boundary.
(p)
Fencing adjacent to a road frontage or abutting a residential use shall be a decorative with a minimum height of six feet, and shall be placed interior to any required landscape strip.
(q)
Storage units shall not be used to manufacture, fabricate, or process goods; service or repair vehicles, boats, small engines or electrical equipment, or to conduct similar repair activities; conduct garage sales or retail sales of any kind; rehearsing or practicing utilizing band instruments; conversion to an apartment or dwelling unit; or to conduct any other commercial or industrial activities, or for the storage of hazardous materials, toxic substances, flammable liquids, or highly combustible or explosive materials.
(r)
Open storage of recreational vehicles, boats, trailers, recreational equipment and similar vehicles of the type customarily maintained by private individuals for their personal use shall be permitted subject to the total area devoted to open storage shall not exceed 25 percent of the site.
(s)
No vehicle maintenance, washing, or repair shall be permitted within the open storage area.
(t)
Abandoned, wrecked or junked vehicles are prohibited.
(u)
A leasing, management, and/or security office shall be permitted in conjunction with a self-service storage facility. Within such office, the sale or rental of items related to moving and storage such as moving boxes, packing supplies and hand trucks shall be permitted.
(v)
Temporary or portable structures for offices is prohibited.
(Amd. of 4-4-23(2), § 1431)
(a)
No activities conducted shall be within 500 feet of any residence, or within 250 feet of the lot line of a property with any other use.
(b)
Activities shall be setback 250 feet from any public road.
(c)
Minimum lot size of ten acres.
(d)
The buffer width shall be two times the minimum required with an approved fence, wall or berm.
(e)
Hours of operation are limited to 7:00 a.m. to 7:00 p.m., Monday through Saturday.
(f)
Activities having greater than one acre of disturbed area must obtain state and local permits.
(g)
Surety in the form of a bank letter of credit is required as a guarantee against the damages of any publicly maintained roads and shall remain in place until operations have ceased, and all reclamation activities have been completed.
(h)
An operation plan containing the following information shall be submitted as part of the application for conditional use:
(1)
Date of commencement of the operation and its expected duration.
(2)
A description of the method of operation, including the disposition of topsoil, overburden and by-products.
(3)
A description of the equipment to be used in the extraction process.
(4)
A statement regarding the intended use of explosives, if any, or other hazardous materials, if any, and the methods and procedures proposed for handling, use, storage and disposal of the materials.
(5)
A plan for reclamation of the land upon completion of mining, quarrying, or other excavation.
(6)
An analysis by a licensed civil engineer containing the following information shall be submitted as part of the application for conditional use approval identifying any state or county-maintained road or bridge within or adjacent to the property, and shall state any repaving, alterations, turning lanes, signalization, or other road additions or improvements necessary to accommodate the potential increase of traffic volume or weight occasioned by the proposed operations.
(Amd. of 4-4-23(2), § 1432)
(a)
A temporary use permit shall be required from the planning and development office.
(b)
Permit requirements are exempted for such activities if conducted by the following organizations for fund raising or special events:
(1)
Bona fide religious institution.
(2)
K-12 school.
(3)
501-c3 non-profit or civic organization.
(4)
Roadside stands selling agricultural products grown on site.
(5)
Authorized special events held on public property are exempted.
(c)
No sales of merchandise shall be permitted on vacant private lots.
(d)
Evidence of permission of the property owner, and/or all tenants of a group development is required.
(e)
The location of any merchandise, vehicles and equipment or displays shall be a minimum of 15 feet from the edge of any driveway, utility box or vaults, ADA required ramp or parking space, building entrance, sidewalks, fire lane or fire hydrant.
(f)
The location of any merchandise, vehicles and equipment shall not interfere with pedestrian or vehicular traffic movements, and shall not be in the public right-of-way or buffer areas.
(g)
Hours of operation are limited to 6:30 a.m. to 9:30 p.m.
(h)
All vehicles, equipment, parking, and customer seating areas associated with a mobile business must be located on an improved surface, such as asphalt, concrete, or gravel.
(i)
Evidence of a current occupational tax certificate with Bulloch County or another jurisdiction is required.
(j)
Free standing signage, flashing or moving lights or a sound amplification device is prohibited.
(k)
If electricity is used for operation, the electrical connection must be of a type which can be quickly disconnected and must comply with all applicable laws, including National Electrical Code Chapter 550.
(l)
Recreational vehicles shall be allowed as temporary occupancy units for the duration of a temporary seasonal sales use permit.
(m)
At all times solid waste generated must be contained and disposed of in an approved on-site solid waste container.
(n)
If food is prepared or served, a permit is required by the county health department.
(Amd. of 4-4-23(2), § 1433)
(a)
No new establishment shall be located within one mile of an existing establishment measured across a straight line from property line to property line.
(b)
Pawn shops, check cashing and small loan establishments shall not be located within 300 feet, measured property line to property line, from a school (public or private), family day care home, child-care facility, youth center, community center, recreational facility, park, church or religious institution, hospital, or other similar uses where children regularly gather.
(c)
The buffer with shall be two times the minimum required with an approved fence, wall or berm.
(d)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(e)
All storefronts shall contain transparent glass windows that allow for views into the establishment from the nearest public right-of-way.
(f)
Onsite storage or sales of vehicles or equipment is prohibited.
(g)
Temporary or portable structures for storage is prohibited.
(Amd. of 4-4-23(2), § 1434)
(a)
Buildings or structures, including parking, circulation and storage areas shall be 250 feet from any residence.
(b)
The buffer width shall be two times the minimum required with an approved fence, wall or berm.
(c)
Primary access shall be from an arterial road.
(d)
Supplemental standards for drive-through facilities, and seasonal, transient merchants and mobile vendors shall be observed.
(e)
The use of sound amplification devices is prohibited.
(f)
Primary building materials and finishes shall consist of 75 percent brick, brick veneer, stacked stone, marble, split face block/concrete masonry unit, finished concrete tilt up, concrete masonry unit, or finished concrete block.
(g)
Secondary materials permitted for trim and accents can include natural wood, metal, aluminum, stucco, exterior insulation and finish systems, engineered fiber cement board, or composite vinyl siding.
(h)
Buildings that are located on outparcels including accessory buildings shall be constructed of materials complimenting the principal buildings.
(i)
Where pre-engineered steel buildings are constructed all building façades shall consist of primary and secondary materials to minimize the static appearance.
(j)
The use of muted and earth tone colors as the predominant colors on the façade is preferred. Building trim, accent areas, and entrance doors into the units may feature brighter colors.
(k)
Façades over 100 feet in length shall provide wall projections or recesses with a minimum of three feet in depth and a minimum of 20 contiguous feet in length for each 100 feet.
(l)
Twenty-five percent of the façades visible from a public street shall use arcades, display windows (real or faux), entry areas and awnings, or any combination thereof.
(m)
Parapets, gable and hip roofs or dormers shall be used to conceal flat roofs and roof top equipment from public view.
(n)
Areas for outdoor storage, truck parking, loading and unloading, refuse collection or compaction or similar uses shall not be visible from a public right-of-way, and have approved screening devices.
(o)
Temporary or portable structures for offices or storage is prohibited.
(p)
Landscape plans shall be prepared by a landscape architect, architect, or engineer legally registered under the laws of this state regulating the practice of landscape architecture, architecture, or engineering, and shall affix their seal to such plan.
(q)
Retail shopping centers and big-box retail facilities shall provide at a ratio of ten percent of the building space shall include a public amenity including one or more of the following: a common area or green, a park, sitting areas, playground, or a plaza.
(r)
All plant material shall be of native plant species and nursery grown meeting number 1 grade American Nursery and Landscape Association standards.
(s)
Five percent of the entire area devoted to parking spaces, aisles and connecting driveway shall be formally landscaped with any combination of trees, shrubs, grass or ground cover.
(t)
Interior landscape islands with raised curbing is required for parking lots of 20 or more spaces, and shall be designed having a minimum width of ten feet, and a minimum length of the required parking space(s).
(u)
The landscape frontage strip must be 20 feet wide for sites containing 50 or more parking spaces.
(v)
Forty percent of the parking and circulation space shall be on the sides of the building frontage.
(w)
Uses that propose night lighting other than incidental security lighting shall be required to submit a photometric plan to enable the evaluation of impacts from illumination and that are compliance with the outdoor lighting requirements.
(x)
Parking lot lighting poles and fixtures that are constructed shall complement the overall site architecture and design in terms of scale, color, and style, and shall not exceed 20 feet in height.
(y)
Roof mounted lighting or backlit awnings are prohibited.
(z)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties. All canopy lighting shall be recessed into its ceiling.
(Amd. of 4-4-23(2), § 1435)
(a)
Buildings or structures, including parking, circulation and storage areas shall be 150 feet from any residence.
(b)
Primary access shall be from an arterial road.
(c)
Supplemental standards for drive-through facilities, and seasonal, transient merchants and mobile vendors shall be observed.
(d)
The use of sound amplification devices is prohibited.
(e)
Primary building materials and finishes shall consist of 75 percent brick, brick veneer, stacked stone, marble, split face block/concrete masonry unit, finished concrete tilt up, concrete masonry unit, or finished concrete block.
(f)
Secondary materials permitted for trim and accents can include natural wood, metal, aluminum, stucco, exterior insulation and finish systems, engineered fiber cement board, or composite vinyl siding.
(g)
Buildings that are located on outparcels including accessory buildings shall be constructed of materials complimenting the principal buildings.
(h)
Where pre-engineered steel buildings are constructed all building façades shall consist of primary and secondary materials to minimize the static appearance.
(i)
The use of muted and earth tone colors as the predominant colors on the façade is preferred. Building trim, accent areas, and entrance doors into the units may feature brighter colors.
(j)
Façades over 100 feet in length shall provide wall projections or recesses with a minimum of three feet in depth and a minimum of 20 contiguous feet in length for each 100 feet.
(k)
Twenty-five percent of the façades visible from a public street shall use arcades, display windows (real or faux), entry areas and awnings, or any combination thereof.
(l)
Parapets, gable and hip roofs or dormers shall be used to conceal flat roofs and roof top equipment from public view.
(m)
Areas for outdoor storage, truck parking, loading and unloading, refuse collection or compaction or similar uses shall not be visible from a public right-of-way, and have approved screening devices.
(n)
Temporary or portable structures for offices or storage is prohibited.
(o)
Landscape plans shall be prepared by a landscape architect, architect, or engineer legally registered under the laws of this state regulating the practice of landscape architecture, architecture, or engineering, and shall affix their seal to such plan.
(p)
All plant material shall be of native plant species and nursery grown meeting number 1 grade American Nursery and Landscape Association standards.
(q)
Five percent of the entire area devoted to parking spaces, aisles and connecting driveway shall be formally landscaped with any combination of trees, shrubs, grass or ground cover.
(r)
Interior landscape islands with raised curbing is required for parking lots of 20 or more spaces, and shall be designed having minimum width of ten feet, and a minimum length of the required parking space(s).
(s)
The landscape frontage strip must be 20 feet wide for sites containing 50 or more parking spaces.
(t)
Forty percent of the parking and circulation space shall be on the sides of the building frontage.
(u)
Uses that propose night lighting other than incidental security lighting shall be required to submit a photometric plan to enable the evaluation of impacts from illumination and that are compliance with the outdoor lighting requirements.
(v)
Parking lot lighting poles and fixtures that are constructed shall complement the overall site architecture and design in terms of scale, color, and style, and shall not exceed 20 feet in height.
(w)
Roof mounted lighting or backlit awnings are prohibited.
(x)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties. All canopy lighting shall be recessed into its ceiling.
(Amd. of 4-4-23(2), § 1436)
(a)
Buildings or structures, including parking, circulation and storage areas shall be 100 feet from any residence.
(b)
Primary access shall be from an arterial road, or a collector road if in a general commercial or neighborhood commercial zoning district.
(c)
Supplemental standards for drive-through facilities, and seasonal, transient merchants and mobile vendors shall be observed.
(d)
The use of sound amplification devices is prohibited.
(e)
Primary building materials and finishes shall consist of 75 percent brick, brick veneer, stacked stone, marble, split face block/concrete masonry unit, finished concrete tilt up, concrete masonry unit, or finished concrete block.
(f)
Secondary materials permitted for trim and accents can include natural wood, metal, aluminum, stucco, exterior insulation and finish systems, engineered fiber cement board, or composite vinyl siding.
(g)
Where pre-engineered steel buildings are constructed all building façades shall consist of primary and secondary materials to minimize the static appearance.
(h)
The use of muted and earth tone colors as the predominant colors on the façade is preferred. Building trim, accent areas, and entrance doors into the units may feature brighter colors.
(i)
Façades over 50 feet in length shall provide wall projections or recesses with a minimum of one and one-half feet in depth and a minimum of ten contiguous feet in length for each 50 feet.
(j)
Twenty-five percent of the façades visible from a public street shall use arcades, display windows (real or faux), entry areas and awnings, or any combination thereof.
(k)
Parapets, gable and hip roofs or dormers shall be used to conceal flat roofs and roof top equipment from public view.
(l)
Areas for outdoor storage, truck parking, loading and unloading, refuse collection or compaction or similar uses shall not be visible from a public right-of-way, and have approved screening devices.
(m)
Temporary or portable structures for offices or storage is prohibited.
(n)
Landscape plans shall be prepared by a landscape architect, architect, or engineer legally registered under the laws of this state regulating the practice of landscape architecture, architecture, or engineering, and shall affix their seal to such plan.
(o)
All plant material shall be of native plant species and nursery grown meeting number 1 grade American Nursery and Landscape Association standards.
(p)
Five percent of the entire area devoted to parking spaces, aisles and connecting driveway shall be formally landscaped with any combination of trees, shrubs, grass or ground cover.
(q)
Interior landscape islands with raised curbing is required for parking lots of 20 or more spaces, and shall be designed having minimum width of ten feet, and a minimum length of the required parking space(s).
(r)
The landscape frontage strip must be 20 feet wide for sites containing 50 or more parking spaces.
(s)
Forty percent of the parking and circulation space shall be on the sides of the building frontage.
(t)
Uses that propose night lighting other than incidental security lighting shall be required to submit a photometric plan to enable the evaluation of impacts from illumination and that are compliance with the outdoor lighting requirements.
(u)
Parking lot lighting poles and fixtures that are constructed shall complement the overall site architecture and design in terms of scale, color, and style, and shall not exceed 20 feet in height.
(v)
Roof mounted lighting or backlit awnings are prohibited.
(w)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties. All canopy lighting shall be recessed into its ceiling.
(Amd. of 4-4-23(2), § 1437)
(a)
Multi-family buildings or structures including parking and circulation areas, shall be 75 feet from any property line or public right-of-way.
(b)
The buffer with shall be two times the minimum required with an approved fence, wall or berm.
(c)
Access shall only be from an arterial or collector road.
(d)
Sidewalks, curb and gutter are required on all internal public streets.
(e)
No less than five percent of the net buildable area must be set aside as open space that includes an amenity such as a clubhouse, pool, athletic court(s), active playground, walking trail, pedestrian plaza with benches, a passive use recreation area (fishing, boating/dock, picnicking, etc.), or any combination thereof.
(f)
All interior roads, sidewalk systems and open space set asides shall remain private and maintained by a common interest element.
(g)
No more than 12 attached dwelling units per floor shall form a single building for apartments.
(h)
No more than eight attached dwelling units shall form a single building for a townhouse or condominium.
(i)
Townhomes and condominium dwellings shall not front face-to-face, or back-to-back less than 50 feet apart, and the front of a dwelling shall not face the rear of another dwelling unless separated by 100 feet.
(j)
Dwelling units shall have private open space including enclosed balconies, sundecks, patios equivalent to ten percent of the floor area of the unit served.
(k)
Primary materials and finishes are required to consist of 50 percent natural wood, brick, brick veneer, stacked stone, marble, unglazed tile, split face block/concrete masonry unit, finished concrete tilt up, concrete masonry unit, or finished concrete block.
(l)
Secondary materials permitted for trim and accents can include metal, aluminum or vinyl siding stucco or EIFS, engineered fiber cement board, composite vinyl siding.
(m)
All buildings shall provide articulated building planes along each elevation, containing variations of mass to voids in a coordinated rhythm. Acceptable variations include fluctuations in the building plane on each elevation, which incorporate architectural elements such as building projections, roof lines, material changes, windows, canopies, arcades, eaves, and other decorative features that enhance the building's appearance. A flat unarticulated wall with just windows and doors serving as voids is prohibited.
(n)
A minimum of ten percent of the total buildable area in any parcel shall be devoted to formal landscaping (including ground cover, grass, or sod), in addition to any required landscape buffers.
(o)
Ground and roof mounted equipment shall be screened from view with landscaping or solid fencing.
(p)
Parking lot lighting poles and fixtures, if constructed, shall complement the overall site architecture and design in terms of scale, color, and style, and shall not exceed 20 feet in height.
(q)
Night-time intersection lighting at primary entrances will be required, with the cost for installation and maintenance to be borne by the developer or a common interest element.
(r)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(s)
Uses that propose night lighting other than incidental security lighting shall be required to submit a photometric plan to enable the evaluation of impacts from illumination and that are compliance with the outdoor lighting requirements.
(t)
Temporary or portable structures for offices or storage is prohibited.
(Amd. of 4-4-23(2), § 1438)
(a)
There should be distinctly different front façade designs for each dwelling unit including variation in width or height, roof planes, location and proportion of front porches and garages. Mirror images or repetition of the same configuration of each dwelling are prohibited.
(b)
Except for trim, each dwelling unit should have a primary and secondary material coverage on the front and side building façade.
(c)
If the primary materials and finishes except for trim and accents include aluminum or vinyl siding, then secondary materials and finishes are required to consist of 25 percent natural wood, brick, brick veneer, stacked stone, unglazed tile, fiber-cement, or a combination thereof.
(d)
Street lighting within the development will only be allowed under a county streetlight special tax district.
(e)
Night-time intersection lighting at primary subdivisions entrances will be required, with the cost for installation and maintenance to be borne by the developer or a common interest element.
(f)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(Amd. of 4-4-23(2), § 1439)
(a)
Standards for all zoning districts:
(1)
Buildings and structures, including parking and circulation areas shall be set back 150 feet from the property line and 500 feet from any residence.
(2)
The buffer width shall be two times the minimum required.
(3)
Hours of operation are limited to 9:00 a.m. to 11:00 p.m.
(4)
No outdoor amplified sound or entertainment is allowed between 11:00 p.m. and 9:00 a.m.
(5)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(6)
The following information must be submitted to the administrative officer with any conditional use application:
A site plan, survey or sketch drawing depicting the location of event structures, signage in compliance with the county sign ordinance, parking and traffic circulation for guests and staff, emergency vehicle access route, location of sanitation and refuse facilities, including portable toilets or restrooms connected to the sanitary sewer system.
(7)
A right-of-way encroachment permit shall be applied for with the county engineer's office for approval of driveway access, design and construction.
(8)
Prior to each event, where applicable proof of the following must be submitted to the administrative officer:
(9)
Catered alcohol service shall have a proper license issued by the county.
(10)
Catered food service is subject to proper permitting issued by the county health department.
(b)
Standards for commercial zoning districts:
(1)
The minimum lot size is three acres.
(2)
Maximum number of guests is 300.
(3)
All driveways, parking and circulation areas shall be on a paved asphalt or concrete surface.
(c)
Standards for the Agricultural-Residential (AG-5) zoning district:
(1)
The venue in whole or in part must be on property used for bona fide agricultural purposes and contains land that is classified as such by the county's property appraiser (agricultural exemption).
(2)
Minimum lot size is ten acres.
(3)
Maximum number of guests is 300.
(4)
Parking and circulation areas for event patrons must be on a surface that is flat and durable enough to withstand the event traffic except where required by off-street parking standards and should not be a fire hazard.
(5)
Commensurate with the number of guests, portable toilets must be provided, unless the property has adequate restroom facilities that are connected to the sanitary sewer or septic system.
(Amd. of 4-4-23(2), § 1440)
(a)
Buildings and structures, including parking and circulation areas shall be set back 150 feet from the property line and 1,000 feet from any residence.
(b)
The buffer width shall be two times the minimum required, with a noise barrier for activities that generate over 50 decibels.
(c)
Minimum lot size of ten acres.
(d)
Hours of operation are limited to 8:00 a.m. to 10:00 p.m., including all deliveries.
(e)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(f)
Prior to a certificate of occupancy or other development permit being issued, proof of the following must be submitted to the administrative official:
(1)
A site plan, survey or sketch drawing depicting the location of event structures, signage in compliance with the county sign ordinance, parking and traffic circulation for guests and staff, emergency vehicle access route, location of sanitation and refuse facilities, including portable toilets or restrooms connected to the sanitary sewer system.
(g)
Prior to each event, where applicable proof of the following must be submitted to the administrative officer:
(1)
Catered alcohol service shall have a proper license issued by the county.
(2)
Catered food service is subject to proper permitting issued by the county health department.
(Amd. of 4-4-23(2), § 1441)
(a)
Buildings or structures shall be 100 feet from any residence.
(b)
Hours of operation are limited to 8:00 a.m. to 10:00 p.m.
(c)
An adequate fire access route shall be reviewed and approved by the fire chief.
(d)
A parking and circulation plan are required.
(e)
If proposed as part of a residential subdivision or multi-family development, a community recreation facility must be built during the first phase if the development has phases, and no more than 40 percent of first phase of the dwelling units authorized within the development or subdivision phase will be granted building permits until the community recreation facility is completed.
(Amd. of 4-4-23(2), § 1442)
(a)
Buildings or structures shall be 500 feet from any residence.
(b)
All campers, tents, trailers and vehicles shall be 50 feet from a public road or right-of-way.
(c)
Every vehicle or trailer must be parked at least 20 feet apart from each other.
(d)
The buffer width shall be four times the minimum required with an approved fence, wall or berm.
(e)
Minimum lot size of ten acres.
(f)
Minimum of camping site size of 360 square feet for tents, 720 feet for campers, and 1,200 square feet for recreational vehicles.
(g)
Minimum 100 feet of road frontage is required.
(h)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(i)
Only passive recreational activities are permitted, such as hiking, bicycling, walking, picnicking, canoeing, fishing and wildlife observation, etc.
(j)
Recreational vehicle parks shall be connected to a public water supply and a public sanitary sewer system or a community water system and on-site sewage management system approved by the county health department.
(k)
All access roads within the development shall be private with a minimum easement width of 40 feet and on a paved asphalt or concrete surface with a minimum pavement width of 20 feet, and lighted with a minimum spacing of 200 feet each between streetlights.
(l)
At least 20 percent of the park must be set aside as open space or for recreation purposes.
(m)
No recreational vehicle or space shall be rented or occupied for a period of more than 30 days.
(n)
Management offices, active indoor or passive outdoor recreational facilities, toilets, showers, laundry facilities and other uses and structures customarily incidental to the operation of a recreational vehicle park are permitted as accessory uses, provided use is restricted to the occupants of the park.
(o)
A copy of the park management rules and regulations must be submitted to the administrative official for approval prior to a certificate of occupancy. The park operator will be responsible for ensuring that visitors comply with the rules and regulations.
(Amd. of 4-4-23(2), § 1443)
(a)
Buildings or structures shall be 500 feet from any residence.
(b)
Inverters, transformers and similar noise producing equipment (not including arrays or panels) shall be placed a minimum of 75 feet away from properties abutting adjacent residential properties.
(c)
Minimum lot size is ten acres.
(d)
The buffer width shall be two times the minimum required with an approved fence, wall or berm.
(e)
Screened chain-link or pressure treated lumber security fencing will be required at a minimum height of six feet, but not at a greater height than eight feet around the perimeter of the facility inside the required setbacks, and it shall be regularly maintained.
(f)
All mechanical equipment (including arrays and panels) and outdoor lighting fixtures shall be limited to a height of 15 feet.
(g)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(h)
Solar panels shall not be placed in the vicinity of any airport in a manner that would interfere with airport flight patterns.
(i)
A right-of-way encroachment permit shall be applied for with the county engineer's office with design and construction providing for a paved asphalt or concrete surface driveway and apron leading to any access gate upon completion of the project.
(j)
The developer shall be able to graphically demonstrate to the administrative officer through the use of renderings, photographs or similar credible media that proposed solar collection devices, or combination of devices, shall be designed and located to avoid glare or reflection onto adjacent properties and adjacent roadways and shall not interfere with traffic or create a safety hazard.
(k)
Textured glass and/or anti-reflective coating shall be used on solar panels to minimize glare.
(l)
Any solar collection device or combination of devices that is not operated for a continuous period of 12 months and for which there are no applications pending for permitted use of the structure at the end of such 12-month period, shall be considered abandoned, whether or not the owner or operator intends to make use of the device(s). The owner of an abandoned solar collection device and the owner of the property where the abandoned solar collection device is located shall be under a duty to remove such device. If such device is not removed within a reasonable time, not to exceed three months, after receipt of notice from the governing authority notifying the owner(s) of such abandonment, the governing authority may remove such device(s) and place a lien upon the property for the costs of removal. The governing authority may pursue all legal remedies available to it to ensure that abandoned device(s) are removed. Delay by the governing authority to act shall not in any way waive the governing authority's right to do so.
(m)
The developer of any solar collection device or combination of devices shall provide the following documentation to the administrative official before any land development begins:
(1)
A recorded plat creating a new parcel containing the boundaries of the facility and showing the panel locations within a properly fenced area.
(2)
Name, address, phone number and contact information of the owners of the installed solar infrastructure which shall be submitted the county tax appraiser's office for personal property tax purposes.
(3)
Proof of adequate project financing, along with insurance or surety.
(4)
Proof of compliance with regard to interconnection requirements with appropriate public utilities or public utilities regulatory agencies.
(5)
A letter from the Georgia Department of Natural Resources that there are no adverse impacts on historical or cultural resources.
(6)
Submission of a site plan that meets the requirements of the county soil erosion and sedimentation ordinance, and a drainage plan approved by the county engineer.
(Amd. of 4-4-23(2), § 1444)
(a)
There shall be an additional permit required for placement of a temporary occupancy unit with a fee as prescribed in the county's schedule of fees. Subject to any other conditions of expiration herein, a temporary occupancy permit shall be valid for one year. The zoning administrator may grant a one-year extension of the permit if, in the zoning administrator's opinion, the permittee has made a good-faith effort to construct the principal residential use.
(b)
If a valid building permit for a dwelling serving as a principal use on the subject lot, parcel or tract is not maintained, the temporary permit shall become void on the day the building permit lapses.
(c)
No more than one temporary occupancy unit may be occupied per parcel.
(d)
The temporary occupancy unit may be occupied either by the permanent occupants of the principal use under construction, or any work crew employed by the owner-occupant(s) whose purpose is for the construction of the principal use of the subject lot, parcel or tract. At no time shall any temporary occupancy unit be leased or rented for other residential or occupancy purposes.
(e)
The temporary occupancy unit must be removed no later than 30 days after receiving an approved certificate of occupancy for the principal residential structure, unless such unit is for the recreational use of the owner-occupant of the principal structure.
(f)
The temporary occupancy unit shall comply with all other applicable requirements of the zoning ordinance, including, but not limited to, setback and height requirements.
(g)
All recreational vehicles and campers shall be built to American National Standards Institute Code (ANSI).
(h)
If the temporary occupancy unit has restroom facilities that are used, the temporary occupancy unit must be attached to an on-site sewage disposal system (septic tank) approved by the county health department.
(i)
Heating systems shall be maintained in accordance with the manufacturer's requirements. Any additional or new solid or liquid-fuel burning appliances to be used in a recreational vehicle or camper shall be installed, used and maintained in accordance with the listing for the appliance and the manufacturer's requirements, including provisions allowing their use in recreational vehicles or campers.
(j)
LP-gas storage and delivery systems shall be maintained in accordance with the manufacturer's requirements. In lieu of complying with the manufacturer's requirements, additional storage of LP-gas is permitted provided the storage and delivery systems comply with the current editions of the Uniform Fire, Building and Mechanical Codes.
(k)
The recreational vehicle and campers shall be set up in compliance with the manufacturer's minimum specifications and shall remain mobile. No ancillary structures may be permitted with regard thereto for the temporary occupancies provided for herein.
(l)
The application for the placement and use of a manufactured home or mobile office for the purpose(s) herein may require the applicant to post a bond in the form of a surety bond, cash or irrevocable letter of credit in the amount not to exceed $3,000.00 per unit to ensure the removal of the temporary occupancy unit within the specified time frame.
(m)
Upon request of a county code enforcement officer investigating any complaint, satisfactory evidence shall be presented of continuing compliance with the applicable standards for temporary occupancy or the occupancy shall cease.
(Amd. of 4-4-23(2), § 1445)
(a)
No new establishment shall be located within one mile of an existing establishment measured across a straight line from property line to property line.
(b)
These establishments shall not be located within 300 feet, measured property line to property line, from a school (public or private), family day care home, child-care facility, youth center, community center, recreational facility, park, church or religious institution, hospital, or other similar uses where children regularly gather.
(c)
The buffer with shall be two times the minimum required with an approved fence, wall or berm.
(d)
All storefronts shall contain transparent glass windows that allow for views into the establishment from the nearest public right-of-way.
(e)
Temporary or portable structures for offices or storage is prohibited.
(f)
These establishments shall post clear signage stating that minors may not enter the premises unless accompanied by a parent or legal guardian. At least one such sign shall be placed in a conspicuous location near each public entrance to the smoke shop and tobacco store. It shall be unlawful for a smoke shop and tobacco store to fail to display and maintain, or fail to cause to be displayed or maintained, such signage.
(g)
Except for hookah lounges, no smoking shall be permitted indoors at any time.
(h)
No sales may be solicited or conducted on the premises to persons under the age of 21.
(Amd. of 4-4-23(2), § 1446)
(a)
Such facility must receive a permit from and comply with the rules of the Environmental Protection Division of the Georgia Department of Natural Resources for transfer stations.
(b)
The buffer shall be two times the minimum required with an approved fence, wall or berm.
(c)
Solid waste shall be confined to the interior of transfer stations, and not allowed to scatter to the outside. Waste shall not be allowed to accumulate, and floors, shall be kept clean and well drained.
(d)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(e)
Sewage solids shall be excluded from transfer stations.
(f)
Dust, odors and similar conditions resulting from transfer operations shall be controlled at all times.
(g)
Rodents, insects and other pests shall be controlled.
(h)
Any contaminated runoff from wash water shall be discharged to a wastewater treatment system and, before final release, shall be treated in a manner approved by EPD.
(i)
Hazardous waste: no person owning or operating a transfer station shall cause, suffer, allow, or permit the handling of regulated quantities of hazardous waste.
(Amd. of 4-4-23(2), § 1447)
(a)
Minimum setbacks. Utility substations, including any required fencing, must be set back a minimum of 60 feet from all public rights-of-way and from adjacent property lines of any lot on which a residence is located, and 30 feet from all other adjacent property lines.
(b)
Minimum lot size. The lot on which a utility substation is located must be of sufficient size to meet the minimum setback requirements; however, in no case shall the lot on which a utility substation is located be less than one-quarter acre.
(c)
Utility substations, including any woven wire fencing, shall be completely enclosed by decorative fencing such as, but not necessarily limited to, brick, stone or wood. Utility substations must also be enclosed by a woven wire fence at least eight feet high with bottom of fence either flush with the ground or with a masonry footing; however, the requirement for woven wire fencing may be waived if the applicant reasonably demonstrates that the utility substation does not pose a hazard to the public. If the requirement for woven wire fencing is waived, then the zoning administrator may waive the requirement for the building to be completely enclosed by decorative fencing if the zoning administrator determines that such waiver would not negatively impact the aesthetic quality of the building. However, all equipment located outside the building, such as but not limited to generators and tanks, shall be enclosed by decorative fencing.
(d)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(e)
No vehicles or equipment may be stored on the lot.
(f)
A buffer a minimum of 25 feet wide must be maintained along the side and rear property lines. If any decorative fencing requirements are waived, the zoning administrator may require additional landscaping to preserve the aesthetic quality of the site.
(g)
Any building at a utility substation site must be architecturally compatible with adjacent properties.
(h)
The applicant must submit a site plan to the administrative officer, showing the proposed location and design of any buildings, the proposed location and type of any exterior equipment, the proposed location and design of all fencing, any proposed landscaping, the means of ingress and egress, the uses of adjacent property, and the distance of all improvements from adjacent property lines and rights-of-way. The site plan must be approved by the administrative officer prior to the issuance of a permit, and the zoning administrator may require any modifications to the site plan necessary to achieve compliance with the standards and spirit of this ordinance.
(i)
The development standards in each district shall not apply to utility substations.
(Amd. of 4-4-23(2), § 1448)
(a)
No new establishment shall be located within one mile of an existing establishment measured across a straight line from property line to property line.
(b)
Buildings or structures shall be 250 feet from any residence.
(c)
Hours of operation are limited to 7:00 a.m. to 9:00 p.m., including all deliveries.
(d)
Maximum building size of 12,000 square feet.
(e)
Minimum lot size of two acres.
(f)
No merchandise for sale including vending machines shall be permitted outside of the building.
(g)
The buffer width shall be two times the minimum required with an approved fence, wall or berm.
(h)
Access shall only be from an arterial or collector road.
(i)
Use of sound amplification devices is prohibited.
(j)
A minimum of 20 percent of the site shall be landscaped, not including buffers.
(k)
Façades over 50 feet in length shall provide wall projections or recesses with a minimum of one foot in depth and a minimum of ten contiguous feet in length for each 100 feet.
(l)
A minimum of 25 percent of façades visible from a public street shall consist of window (real or faux) and door openings.
(m)
Parapets, gable and hip roofs or dormers shall be used to conceal flat roofs and roof top equipment from public view.
(n)
Temporary or portable structures for offices or storage is prohibited.
(o)
Seasonal, transient merchants and mobile vendors shall follow requirements of this ordinance.
(Amd. of 4-4-23(2), § 1449)
(a)
All buildings, structures, and outdoor runs shall be 200 feet from all property lines.
(b)
Minimum lot size of two acres where commercials kennels or outdoor runs are present.
(c)
The buffer width shall be two times the minimum required with an approved fence, wall or berm.
(d)
Animal boarding shall take place entirely within an enclosed building. Buildings shall be designed and constructed to mitigate noise to limit negative impacts on adjacent properties. Additional noise mitigation shall be required for existing buildings not originally built for the boarding of animals, including the use of acoustical tiles, caulking to seal penetrations made in floor slabs for pipes, and spray on noise insulation
(e)
Odors shall be controlled by means of an air filtration system or an equivalent measure.
(f)
Buildings housing animals shall have a drain connected to an approved sanitary facility, and shall not be located in a front yard, or buffer areas.
(Amd. of 4-4-23(2), § 1450)
(a)
The facility shall either be connected to a municipal wastewater treatment system for final treatment of wastewater created from the de-watering process, or the wastewater created from the de-watering process shall be discharged into a remote lift station of a municipal wastewater treatment system which is approved by the municipality. The facility shall be subject to the rules of the accepting municipality.
(b)
Minimum lot size shall be five acres.
(c)
No facility shall be within 1,000 feet of a residential dwelling.
(d)
No facility shall be within 100 feet of a floodplain or wetland.
(e)
No facility shall be within 300 feet of an individual or public water supply source or well.
(f)
No facility shall be within 300 feet of any water impoundment, lake, stream, pond or any permanent or intermittent waterbody considered waters of the state.
(g)
No facility shall be located in an unconfined aquifer which is used or may be used as a principal source of potable water.
(h)
Odor control methods must be used.
(i)
A 25-foot landscaped buffer consisting of trees capable of growing to a height of no less than 40 feet shall be installed and maintained along the side and rear property lines. If the facility is visible from the road accessing the property, either the aforementioned standard of landscaping or opaque fencing of no less than six, but not greater than eight feet in height shall be installed within the front setback.
(j)
Access to the property shall be on a paved public road with all driveway aprons being paved to the edge of the right-of-way.
(k)
All interior parking and circulation within the facility shall consist at a minimum of a gravel or similarly compacted pervious or impervious surface to minimize on-site erosion and runoff.
(l)
All outdoor lighting fixtures must be recessed and downcast and shall not produce glare or a nuisance to drivers or the surrounding properties.
(m)
All on-site and off-site drainage shall be installed so as to minimize the potential for any pollution run-off and shall be compliant with NPDES requirements.
(n)
All collected solid waste must be deposited only in an EPD permitted solid waste handling facility authorized to receive the applicable waste types.
(o)
Wastewater pre-treatment facilities shall be paved and enclosed.
(p)
Vehicles or containers used for the collection and transportation of wastes shall be covered, substantially leakproof, durable, and of easily cleanable construction.
(q)
Solid waste collection and transportation vehicles shall be cleaned frequently and shall be maintained in good repair.
(r)
Vehicles or containers used for the collection and transportation of solid waste shall be loaded and moved in such a manner that the contents will not leak or spill therefrom.
(s)
All wastewater from cleaning of vehicles must be handled in a manner which meets all applicable environmental laws and regulations.
(t)
The facility shall be maintained in a clean and sanitary condition.
(u)
The facility shall receive all permits required by the State of Georgia.
(v)
No business that pumps or hauls waste from grease traps or septic tanks whose primary place of business is located outside of Bulloch County would be allowed to utilize this facility or transfer waste to a truck owned by a business in Bulloch County.
(Amd. of 4-4-23(2), § 1451)
(a)
May not operate within a 1,000-foot radius of a covered entity, measured from property boundary to property boundary.
(b)
For purposes of subsection (a), a "covered entity" means a public or private school; an early care and education program as defined in O.C.G.A. § 20-1A-2; or a church, synagogue, or other place of public religious worship, in existence prior to the date of licensure of the dispenser of low THC oil by the State Board of Pharmacy.
(c)
Subject to the procedures in section 410, a variance from the distance requirements in subsection (a) may be granted if it is determined that the variance is needed to allow retail outlets to be established to service registered patients residing within Bulloch County.
(Amd. of 8-1-23(1))