(a)

The uses set forth in the table below shall be permitted only as listed within each zoning district and only in the manner so listed. Any use not listed in said table is prohibited in all districts. No use shall be permitted and no structure associated with such use shall be erected, structurally altered or enlarged unless the use is permitted as one of the following:

(1)

P: A permitted use.

(2)

C: A use requiring a special use permit subject to approval following the application procedures and requirements in section [chapter] 238 of the UDO.

(3)

S: A supportive commercial use that is on the same lot or parcel with a permitted use in a zoning district and established for the sole convenience of nearby residents, employees, patients, patrons or visitors within walking distance.

(4)

A: An accessory use subject to the requirements specified and generally applicable to accessory uses.

(b)

Any use not listed with the letter P, C, S, or A in a particular zoning district shall be prohibited in that zoning district, unless it is a nonconforming use lawfully established prior to the effective date of the regulation that rendered it legally nonconforming. See [chapter] section 234.

(c)

Any use listed with a "Yes" in the column headed by the words "Suppl. Reg?" in the table below shall satisfy the applicable supplemental use standards established in section 218-13 of this chapter, in addition to the development regulations of the district in which it is located.

(d)

Restrictions on the location of telecommunication facilities in certain zoning districts are provided in section 218-24.

(e)

The table of permitted uses for the watershed protection (W-P) district is provided in section 206-2.

(f)

The majority of uses listed in the table below are based on the North American Industry Classification System (NAICS). Where the use is not defined in section [chapter] 106 and where the use has a NAICS code indicated in the table below, the NAICS definition shall apply. For uses that fall within more than one use category, the more detailed definition shall apply (the definition of a six-digit NAICS class usurps the definition of a five-digit NAICS class, the definition of a five-digit NAICS class usurps the definition of a four-digit NAICS class and so on). All remaining uses identified in the UDO are intended to have the commonly accepted definitions contained in the most recent edition of the Merriam-Webster Dictionary.

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006; Ord. No. 2007-09, § 6, 5-22-2007; Ord. No. 0-2007-23, § 3, 10-9-2007; Ord. No. 0-2007-14, § 5, 7-24-2007; Ord. No. 0-2010-09, § 2, 5-25-2010; Ord. No. 0-2012-19, § II, 12-11-2012; Ord. No. 0-2013-03, §§ II, III, 4-23-2013; Ord. No. 0-2013-13, § 2, 11-12-2013; Ord. No. 0-2014-13, § 2, 12-9-2014; Ord. No. 0-2015-02, § II, 2-10-2015; Ord. No. 0-2015-07, §§ I—V, 10-13-2015; Ord. No. 0-2015-13, § I, 12-8-2015; Ord. No. O-2017-01, § I, 2-14-2017; Ord. No. 0-2017-17, § I, 7-18-2017; Ord. No. 0-2017-24, § I, 9-19-2017; Ord. No. 0-2020-15, §§ III, IV, 11-10-2020; Ord. No. O-2021-06, § III, 2-9-2021; Ord. No. O-2021-19, § II, 6-22-2021; Ord. No. O-2021-20, § I, 6-22-2021; Ord. No. O-2021-21, § I, 6-22-2021; Ord. No. O-2021-22, § II, 6-22-2021; Ord. No. O-2021-43, §§ III, IV, 9-28-2021, Ord. No. O-2021-44, § III, 9-28-2021; Ord. No. O-2021-45, § I, 10-12-2021; Ord. No. O-2021-46, § II, 10-12-2021; Ord. No. O-2022-10, § I, 3-22-2022; Ord. No. O-2022-08, § II, 4-12-2022; Ord. No. O-2023-14, § I, 9-12-2023; Ord. No. O-2023-15, § I, 9-12-2023; Ord. No. O-2024-34, § II, 12-10-2024; Ord. No. O-2025-04, § II, 4-8-2025; Ord. No. O-2025-06, §§ III, IV, 4-8-2025; Ord. No. O-2025-07, § II(Exh. A), 4-8-2025; Ord. No. O-2025-12, § II, 4-22-2025)

(a)

Permit required. Except as provided in subsection 218-2(l) below, it shall be unlawful for any person to conduct or cause to be conducted any special event in unincorporated Rockdale County without first obtaining a valid permit for such event. Said permit shall be valid for a period of time not to exceed ten consecutive days.

(b)

Application procedures. The following application procedures shall govern special event permits:

(1)

Applications for special event permits shall be submitted on a form provided by the department. A nonrefundable application fee shall accompany the application as established by the board of commissioners to defray the cost of processing the application. The complete application must be submitted at least 30 days prior to the starting day of the proposed special event.

(2)

The application shall contain each of the following unless the department deems an item inapplicable to the type of event proposed:

a.

Name, address, phone and email of the applicant.

b.

Delineation of boundaries. The outermost boundaries of the special event shall be fully and clearly delineated on a map, which shall be no smaller than 8½ × 11 inches in size, and attached to the application for a permit. All public streets and/or sidewalks within and adjacent to such area(s) shall be clearly identified. The department shall require, as part of the approval for the event, that areas no less than five feet in width shall be designated and preserved for public circulation and access to adjoining business establishments outside the area(s) delineated for the event.

c.

The date(s), hours and duration of the event.

d.

Estimated attendance figures.

e.

Completed and signed application forms.

f.

A statement of the type of special event proposed.

g.

If the special event is to be located on public property, obtain and maintain for the duration of the special event comprehensive general liability insurance in a minimum amount of $500,000.00 combined limits for bodily injury and/or property damage that names Rockdale County as an additional named insured. A certificate evidencing such insurance shall be provided with the application.

(c)

Signs. Special event signs shall be authorized as provided under chapter 230 of the Rockdale County Code of Ordinances.

(d)

Vendors.

(1)

Sales permitted. The sale of food or any merchandise or services of any type by a vendor shall be allowed as a component of a special event located on public property provided such vendor is approved and authorized in writing by the permit holder of the event and shall be conducted in accordance with such conditions and limitations as shall be imposed in writing by the permit holder and submitted as part of the application for a permit. Vending on private property is prohibited. Beer, wine and liquor sales, service and consumption shall be prohibited on public property, including public streets, sidewalks, rights-of-way and parks.

(2)

Authorization of vendors. The permit holder of a special event shall have sole responsibility and authority to allow or disallow sidewalk or street vending as a component of an event and to designate the location and activities of such vendors. It shall be unlawful for any vendor to engage in such business on private property or at any location or in any manner not authorized by the permit holder of the event.

(3)

Identification required. Any public property vendor authorized by the permit holder shall be required to prominently display on his or her person a badge identifying the vendor as an authorized participant in the event. Such identification shall be not less than three inches by three inches, shall state that the bearer is an official participant in the event, and shall bear the signature of the permit holder of the event.

(4)

Food sales. The vendor of any food, whether hot or cold, as part of a special event located on public property shall be subject to all rules and regulations of the Rockdale County Environmental Health Department. It shall be the responsibility of the permit holder of an event to ensure compliance with this section by any such vendor.

(e)

Sanitation.

(1)

The permit holder of a special event shall be required to provide temporary outdoor toilet facilities at any event at which 100 or more persons are expected to be in attendance. The number of toilets and their locations shall be determined by the Rockdale County Environmental Health Department.

(2)

The permit holder of the special event shall be required to provide temporary garbage receptacles at any event at which 50 or more persons are expected to be in attendance. The number of receptacles and their locations shall be determined by the Rockdale County Environmental Health Department.

(3)

The permit holder shall be responsible for cleaning the public property area(s) on which the event was held to its pre-event condition within 24 hours of the conclusion of the event. If the permit holder fails to clean up such areas, such clean up shall be arranged by Rockdale County and the costs charged to the permit holder.

(f)

Public safety.

(1)

Traffic and crowd control shall be provided by the Rockdale County Sheriff's Department and the number of officers and/or special arrangements shall be determined by the sheriff. The permit holder shall be responsible for costs associated with public safety.

(2)

A special event shall be limited to the specific geographic area(s) within which the event is to take place and the permit holder of the special event shall be responsible for the provision of sheriff and sanitation services within the boundaries of the event for a period of two hours past the conclusion of the event or until the area is cleared of all activities related to such event.

(g)

Other permits required. The permit holder shall obtain other permits that may be required by other chapters of this Code. Except as specifically authorized herein, nothing in this section is intended to authorize activity otherwise prohibited by the Rockdale County Code. Special events held on private property shall be limited to two special events per calendar year per private property location.

(h)

Indemnification. The permit holder of any special event shall hold Rockdale County, its officers, employees and agents harmless from any liability or damages for property damage or bodily injury, including death, which may arise from any acts or omissions emanating from a special event located on or involving any portion of public property. Such indemnification shall be submitted with the application on a form provided by Rockdale County.

(i)

Additional charges. Rockdale County may assess additional costs against the permit holder for special events located on public property should the holder fail to provide sanitary cleanup such that any public property used for the special event is left in the same condition as that preceding the event, or fail to repair or replace public property or equipment damaged or destroyed during a special event. The director of the department of recreation and maintenance shall transmit an itemized bill setting forth any verifiable expenses for sanitary cleanup and repair or replacement of public property or equipment incurred by Rockdale County to the permit holder within 30 days of the conclusion of the event. Should the permit holder refuse to pay such bill within 30 days of the date of said billing, Rockdale County may seek legal recourse authorized under applicable law for recovery of said expenses. The applicant shall sign a statement prior to issuance of a special event permit agreeing to payment of these additional costs on a form provided by Rockdale County.

(j)

Administrative review.

(1)

The director shall cause the application to be circulated to each government department or other agency whose services the director determines would be affected by the nature and activities of the proposed event. Each such department or agency shall review the application and note the services which it will be required to perform, the number of personnel to perform such services, the length of time to perform such services, the estimated cost to perform such services, and any other information which would assist the department or agency in facilitating the event and services required.

(2)

Each department and/or agency reviewing an application may recommend in writing certain conditions or restrictions deemed necessary to facilitate the event, to comply with other laws or regulations, or to ensure the safety, health and welfare of the community. In reviewing the recommendations of the departments, the director may impose and enforce such conditions or restrictions as a part of the permit. A violation of the permit, including such conditions or restrictions, shall be deemed a violation of this section.

(k)

Permit decision.

(1)

After considering all comments and conditions of the reviewing departments and agencies as well as other information pertaining to the proposed event as described on the application, and after the payment of all applicable fees and costs, the director shall approve or conditionally approve the application and issue a permit for a special event upon a finding that satisfactory provisions and arrangements have been made by the applicant concerning all requirements of this section to the satisfaction of each reviewing department and agency. If such satisfactory provisions and arrangements have not been made by the applicant, the permit shall be denied.

(2)

The director shall either issue, issue with conditions or deny the permit application no later than 20 days following the date the completed application is filed. If the permit is denied, the applicant shall be notified in writing of the denial and the reason(s) for denial.

(3)

Appeals from final decisions of the director regarding special event permits shall be to the board of adjustment pursuant to section 238-8. Decisions made by the board of adjustment shall be final. All appeals of the decisions made by the board of adjustment shall be by writ of certiorari from the Rockdale County Superior Court pursuant to section 238-13.

(l)

Exemptions.

(1)

Funeral processions. The provisions of this section shall not apply to any procession conducted under the supervision and direction of a funeral director in conjunction with any funeral.

(2)

Government sponsored events. The director shall be authorized to waive or otherwise expedite any or all of the review process and fees applicable to such review and permit for special events sponsored and held by Rockdale County Government, Rockdale County Public School System, the State of Georgia, and the Federal Government. Events on public property for which a contract has been awarded by the Rockdale County Board of Commissioners to a person, group, organization, association, club or other entity shall be exempt from this permit.

(3)

Constitutionally protected activities.

a.

Except as provided in subsection b. [below], any person, group or organization engaged in any picketing, demonstrations, assembly, gathering, procession or other free speech activity protected by the U.S. Constitution or the Georgia Constitution shall be exempt from the provisions of this section. Said person, group or organization engaged in said protected activity shall be prohibited from blocking the ingress and egress of any public or private place.

b.

Planned assemblies, marches, or similar constitutionally protected free speech activity that will require street closings or will compromise the ability of the county to respond to public safety emergencies shall be required to comply with this section with the following modifications:

1.

The complete application may be submitted up to 20 days prior to the starting date of the planned free speech activity;

2.

Permit decisions shall be made by the director within ten days of receipt of the completed application;

3.

Appeals from the final permit decision shall be expedited so that they are heard by the board of adjustment within seven days of filing a notice of appeal.

(4)

Small private gatherings. The provisions of this section shall not apply to gatherings or activities located on private property which will make no use of public property, including streets, other than for lawful parking. Garage sales, yard sales, and similar sales on private property are exempt from the provisions of this section.

(Ord. No. 0-2010-05, § 2, 4-27-2010; Ord. No. 0-2012-11, § 12, 11-27-2012)

(a)

All accessory buildings, structures and uses of land, including off-street parking, shall be clearly subordinate to and supportive of the principal use and located on the same lot as the principal dwelling to which they are accessory.

(b)

All accessory buildings or structures shall be located in the rear yard or in the side yard behind the front yard building line. Accessory buildings in front yards are prohibited. Accessory structures are prohibited in the side yard of a corner lot that faces a public street. Front yards for corner lots shall be as defined in section 214-3.

(c)

Accessory structures in residential zoning districts may be finished with any material, including metal, vinyl siding and concrete block, providing the style and color of the structure match those of the principal structure and create visual cohesion throughout the property. Accessory structures finished in metal shall be visually screened from the street. Accessory structures shall be assembled in a professional manner and maintained in good condition.

(d)

No accessory building shall be utilized unless the principal structure is occupied, and no accessory building shall be used for any type of human habitation.

(e)

No accessory building shall be erected on a lot prior to the time of construction of the principal building to which it is accessory, except that structures for the storage of farm equipment or for the shelter of livestock may be constructed on lots zoned A-R (Agricultural-Residential) and used for agricultural purposes in accordance with the minimum building setback requirements of the zoning district and livestock regulations.

(f)

No accessory buildings or structures shall be closer than ten feet from an abutting side or rear property line, except that accessory structures appurtenant to the keeping and raising of livestock shall comply with the setback requirements specified in section 218-13 Standards of Use and Development.

(g)

There shall be a distance of not less than 20 feet between a principal and detached accessory building located on the same lot or parcel.

(h)

The following accessory uses and structures, including similar uses and structures, shall be permitted in the A-R district, provided that they comply with all conditions and standards in subsections (a) through (g):

(1)

Garages for the parking of automobiles, decks, garbage pads and storage buildings, subject to the following conditions:

a.

Maximum height of two stories or 35 feet.

b.

On a corner lot, no accessory building, structure, use or deck shall be located closer to the side street right-of-way line than the principal building.

c.

No garage or other accessory building, structure or use shall be closer than ten feet to a side or rear lot line or the nearest point along any required buffer, whichever is greater.

(2)

Heating and air conditioning units, provided that heating and air conditioning units, and related equipment, shall be located within the buildable area of the lot.

(3)

Swimming pools in compliance with section 218-13 of the UDO.

(4)

Tennis courts and other play and outdoor recreation areas.

(5)

Antennae and satellite dishes in compliance with section 218-13 of the UDO.

(6)

Doghouses, runs, pens, rabbits hutches, cages and other similar structures for the housing of household pets, but not including hobby kennels or pet boarding kennels.

(7)

Gardening and composting.

(8)

Statues, arbors, trellises, clotheslines, barbeque stoves, flagpoles, fences, walls and hedges, gates and gateposts and basketball goals.

(9)

Barns and other similar buildings that are customarily incidental to agricultural operations; maximum height of 50 feet.

(10)

Livestock quarters and enclosures in compliance with section 218-13 of the UDO.

(11)

The number of household pets on a single lot shall be limited to five (not including litters under six months of age).

(12)

Accessory buildings in the A-R district shall not be used for storage or warehousing of bulk items, such as food, clothing, furniture, household supplies, automobile parts, building materials, landscaping supplies and other large quantities of items not listed.

(i)

All residential accessory uses and structures permitted above, except for those provided in subsection (h)(9) and (10), are permitted in the R-1, R-2, CRS, CSD, CSO, MUR, RM and WP districts provided that they comply with all stated conditions and standards of subsection (a) through (g), and meet each of the following additional standards:

(1)

The accessory structure must maintain a residential appearance and shall not produce impacts detrimental to adjacent properties as a result of traffic, noise, light, refuse, parking or other activities.

(2)

No accessory structure in a residential district shall be used by other than family members of the owner, lessee or tenant of the premises, unless otherwise allowed by provisions of the UDO.

(3)

Accessory buildings in residential districts shall not be used for any type of human habitation or commercial operation whether permanent or part-time. Furthermore, accessory buildings in residential districts shall not be used for storage or warehousing of bulk items, such as food, clothing, furniture, household supplies, automobile parts, building materials, landscaping supplies and other large quantities of items not listed.

(4)

No accessory building shall exceed a height of 35 feet.

(5)

Accessory buildings shall be located at least 20 feet from the principal structure on a lot.

(6)

Satellite dish antennae shall be permitted as accessory structures only in rear yards, unless it can be documented that reception is impaired by such location. In this case, an antenna would be permitted in a side yard. Satellite dish antenna larger than 18 inches shall not be located on the roof of a residential structure.

(j)

The size and number of accessory structures, excluding swimming pools, in R-1, R-2, CRS, CSD, CSO, MUR and RM districts shall comply with the following table.

* Subject to the maximum percentage of impervious surface as required in section 214-1. Impervious surface area of pools and associated patios, cabanas, etc., shall be calculated as a part of the total maximum allowable impervious area.

(k)

The size and number of accessory structures, excluding swimming pools, in A-R and WP districts shall comply with the following table.

* Subject to the maximum percentage of impervious surface as required in section 214-1. Impervious surface area of pools and associated patios, cabanas, etc., shall be calculated as a part of the total maximum allowable impervious area.

(l)

The following accessory uses and structures, including similar uses and structures, shall be permitted in the O-I, NC, MxD, C-1, C-2 or OBP districts, provided that they comply with all stated conditions and standards of subsections (c) through (g):

(1)

Free-standing parking structures with the following conditions:

a.

Maximum height of 50 feet and no more than four stories.

b.

When abutting any residential property line, structures shall not be located closer than ten feet to the nearest point along any required buffer as established in section 328 of the UDO.

(2)

Heating and air conditioning units with the following conditions:

a.

When abutting a residential district, heating and air conditioning units shall not be located within any required buffer as established in section 328 of the Rockdale County UDO.

b.

When abutting a zoning district, other than residential district, heating and air conditioning units shall not be located closer than five feet to a side or rear lot line.

c.

Units may be installed on the roof of any structure so long as the unit does not exceed the height restriction and the units are placed so as to be hidden from a front or side view.

d.

No ground-based heating and air conditioning unit shall exceed 35 feet in height.

(3)

Incidental storage structures.

(4)

Antennae and satellite dishes in compliance with article IV of this chapter.

(5)

Garbage dumpsters and recycling collection bins in compliance with the requirements of section 226-3 of the UDO.

(m)

The following industrial/manufacturing accessory uses and structures, including similar uses and structures, shall be permitted in the M-1 and M-2 districts, provided that they comply with all stated conditions and standards in subsection (c) through (g):

(1)

Uses permitted in subsection (l) above.

(2)

Caretaker dwellings in compliance with section 218-13 of this chapter.

(n)

Any owner(s) of the property for which relief is sought, or the authorized agent(s) of the owner(s) of the property, seeking to construct more than the maximum number and/or size of accessory structures allowed by this code, may apply for a dimensional variance to the board of adjustment. The procedure for applying for a dimensional variance to the board of adjustment is set forth in the UDO section 238-9. Appeals from final decisions of the board of adjustment shall be as provided in UDO section 238-13.

(o)

Truck vans, mobile homes, converted mobile homes, self-storage containers, trailers, recreational vehicles, bus bodies, vehicles, and similarly prefabricated items shall not be permitted as accessory structures on property in any zoning district.

(p)

Temporary placement of self-storage containers in non-industrial zoning districts for the limited purpose of loading and unloading shall be allowed for a period of time not to exceed 30 days in any one calendar year.

(q)

Transport containers, as defined in section 106-1, shall only be permitted as accessory structures on property in the Limited Industrial (M-1) and General Industrial (M-2) zoning districts, and are subject to the following standards:

(1)

An accessory structure permit must be obtained prior to placement of a transport container.

(2)

Transport containers must be accessory to the permitted use of the property and included in the calculation of overall lot coverage.

(3)

Transport containers must meet the requirements of the International Building Code.

(4)

Transport containers must meet outdoor screening requirements on all primary road frontages, as specified in sections 328-7 and 214-6.

(5)

Transport containers must not occupy required off-street parking, loading, or landscaping areas.

(6)

Materials stored in transport containers shall be subject to review and approval by the fire marshal.

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006; Ord. No. 2007-09, §§ 7—9, 5-22-2007; Ord. No. 0-2007-23, §§ 4—6, 10-9-2007; Ord. No. 0-2008-20, § 1, 12-23-2008; Ord. No. 0-2012-11, § 13, 11-27-2012; Ord. No. 0-2013-12, § II, 11-12-2013; Ord. No. 0-2015-08, § I, 10-13-2015; Ord. No. 0-2016-12, §§ I—IV, 9-27-2016)

(a)

The uses listed in section 218-13 are in alphabetic order. Each of these uses are indicated in the table of permitted uses as requiring supplemental use standards. The purpose of these Supplemental Use Standards is to supplement article I, permitted and special uses by providing more specific standards for certain uses listed in the table of permitted uses for which site development and design standards are necessary to ensure that they will be compatible with surrounding uses, have minimal impact on the environment, promote the health, safety and welfare of the community and meet the intent of the comprehensive plan.

(b)

These standards apply to specific uses in all zoning districts and shall be enforced by the department.

(c)

Where a special use permit is required in order for a use to be authorized in any zoning district, these standards shall be reviewed, considered and applied by the department, the planning commission and the board of commissioners, along with standards in subsection 238-6(m), prior to granting a special use permit for a given use.

(d)

Any use that is regulated by this article and is authorized in a zoning district shall be developed in conformity with the applicable supplemental use standards for that use provided in this article. No permit shall be issued for a use, building or structure that does not conform to applicable provisions of this article.

(Ord. No. 0-2006-32, §§ 1—3, 11-28-2006)

(a)

Adult entertainment establishments. This use is subject to all provisions of chapter 22, article V, the provisions of the Rockdale County Code of Ordinances, and all of the following:

(1)

No adult entertainment establishment shall be located within 1,000 feet of any school, place of worship, public park, hospital, government building, library, licensed adult day center, child care learning center, group day care home, family day care home or pre-kindergarten (Pre-K), establishment licensed to sell alcoholic beverages, or property zoned for residential purposes. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the proposed adult entertainment establishment to the nearest point on the property line of such school, place of worship, public park, hospital, government building, library, licensed adult day center, child care learning center, group day care home, family day care home or pre-kindergarten (Pre-K), establishment licensed to sell alcoholic beverages, or property zoned for residential purposes.

(2)

No adult entertainment establishment shall be located within 1,000 feet of any other licensed adult entertainment establishment. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the proposed adult entertainment establishment to the nearest point on the property line of any adult entertainment establishment.

(3)

No adult entertainment establishment shall sell or dispense alcoholic beverages upon the premises of the adult entertainment establishment.

(a1)

Adult day care center.

(1)

The use shall comply with all applicable State of Georgia, Department of Human Resources requirements and regulations.

(b)

Air transportation—Airport, private.

(1)

All such uses proposed by a public authority shall include a certified copy of the law, regulation, or other official act adopted by the governmental entity proposing the use and authorizing the establishment of the proposed use at the proposed location.

(2)

All applications shall include evidence that the proposed facility will meet the standards and requirements imposed by agencies such as the Federal Aviation Administration and all other applicable federal, state or local statutes.

(3)

A statement shall be provided detailing noise abatement procedures, methods and devices that will be employed on the operation of the facility, and sufficient analysis shall be presented to indicate what adjoining lands will be affected by the anticipated noise.

(4)

All facilities shall be located and so designed that the operation thereof will not seriously affect adjacent areas, particularly with respect to noise levels.

(5)

All areas used by aircraft under its own power shall be provided with an all-weather, dustless surface.

(6)

A map shall be presented showing the landing and take-off corridors as projected, with the map to cover an area within at least a 5,000-foot radius of the boundaries of the proposed facility.

(7)

Prior to receiving zoning approval by Rockdale County at least one Public Information Meeting in Rockdale County shall be conducted by the applicant, in addition to that required in chapter 238.

(c)

Amusement arcade; amusement theme park.

(1)

An outdoor recreation facility consisting of amusement rides, games, water slides, amusement vehicles, golf driving ranges, miniature golf, batting cages, water slides or any similar commercial outdoor recreation shall be limited as follows:

a.

Minimum lot size: Five acres.

b.

Maximum lot size: 20 acres.

c.

Outdoor rides, games, water slides, amusement vehicles, golf driving ranges, miniature golf, water slides or other similar commercial outdoor recreation facilities and equipment must be enclosed within an eight feet high fence with gates that are to be locked except when the facility is open to the public.

d.

Outdoor activities are limited to the hours of 10:00 a.m. to 10:00 p.m.

e.

A site plan shall be prepared at a scale of one inch = 50 feet to indicate access and egress, type, location and height of recreation facilities, buildings and other structures and lights, parking areas, landscaping, buffers and drainage. A site location plan at a scale of one inch = 200 feet shall illustrate surrounding property uses and the location of the nearest residence.

f.

The site shall have at least one approved entrance to a street classified by Rockdale County as an arterial.

g.

All outdoor equipment, rides, vehicles and structures taller than 35 feet shall be setback at least 75 feet from property lines.

h.

Lighting must be designed to direct light downward and away from adjacent properties.

i.

An environmental-acoustical study shall be submitted to the director for review and approval. The study shall be prepared by an acoustical engineer indicating compliance with all Rockdale County noise ordinances. It shall identify and analyze all sources of noise emanating from the site including outdoor speakers, sound effects or sound systems as well as rides, vehicles, and mechanical equipment. Noise levels shall not exceed 65 decibels, dbA measured at property lines.

j.

If any structure taller than 35 feet is proposed, the development shall prepare a view shed analysis to be reviewed and approved by the director to demonstrate that such structures will not be visible year-round from the windows or yard of any single-family residential property.

k.

A 100-foot buffer shall be maintained adjacent to all abutting residentially zoned property.

(d)

Antennae, amateur radio.

(1)

No such antenna structure, including any support upon which it may be constructed, shall exceed a combined height of 50 feet.

(2)

Amateur radio service antenna structures exceeding 50 feet in height shall be permitted only by the board of adjustment subject to all of the requirements of the UDO.

(3)

Amateur radio service antennae shall be located a distance of at least one-half the height of the tower from all property lines.

(e)

Antennae, satellite.

(1)

Satellite antennae shall be located as follows:

a.

In any office, commercial, industrial or multifamily residential district, satellite antennae may be located anywhere in the buildable area of the lot or on a building thereon, subject to applicable zoning district setback regulations.

b.

In other districts, satellite antennae shall be located only to the rear of any principal structure. If usable communication signals cannot be obtained from the rear location, the satellite antenna may be located in the side yard. Both locations shall be subject to applicable zoning district setbacks or regulations.

c.

In the event that usable satellite communication signals cannot be received by locating the antennae in the rear or to the side of the principal structure, such antennae may be placed in the front yard or on the roof of the dwelling, provided that approval of the director shall be obtained prior to such installation. The director shall issue such a permit only upon a showing by the applicant that usable communication signals are not receivable from any location on the property other than the location selected by the applicant.

(2)

Satellite antennae shall comply with the following regulations for height, screening and grounds:

a.

In any district other than office, commercial, industrial or multifamily residential, a satellite antenna shall not exceed 36 inches in diameter.

b.

A ground-mounted satellite antenna shall not exceed 20 feet in height including any platform or structure upon which said antenna is mounted or affixed. All non-ground-mounted satellite antennae shall not exceed 35 feet in height.

c.

If usable satellite signals cannot be obtained from an antenna installed in compliance with the height limitation imposed by subsection (2) above, such satellite antenna may be installed at a greater height, provided the greater height is approved by the director. Such approval shall be granted only upon a showing by the applicant that installation at a greater height is necessary for the reception of usable communication signals. Under no circumstances shall said antennae exceed 50 feet in height.

d.

Except in office, commercial, industrial or multifamily residential districts, satellite antennae shall be located and designed to screen and reduce visual impact from surrounding properties at street level and from public streets.

e.

All satellite antennae shall meet all manufacturers' specifications, be located on non-combustible and corrosion-resistant material and be erected in a secure, wind-resistant manner.

f.

All satellite antennae shall be adequately grounded for protection against a direct strike of lightning.

(e2)

Apiary(s); All classes.

(1)

Hives shall adhere to the following density and location requirements:

a.

For a property to consist of an apiary, it must contain a minimum of 10,000 square feet. For every additional 5,000 square feet thereafter, a beekeeper is permitted to have two additional hives.

i.

Exceptions:

1.

Acknowledging normal honeybee management, a beekeeper may also keep, in addition to the allowable number of standard hives, additional nucleus colonies per standard (fixed) hive, provided they are used for managing colony strength and swarm prevention.

b.

Hives shall only be permitted in the rear of property, behind any existing front yard lines and 20 feet away from any side or rear property line.

(2)

Hives shall also adhere to the following landscaping requirements:

a.

Apiaries must include a reasonably sized water source within 60 feet of the hive(s), including, but not limited to a water fountain or existing water source.

(f)

Automotive repair and maintenance, minor.

(1)

Minor repair shall be limited to routine maintenance, alignment, installation of oil, filters, batteries, installation of tires, carburetors, fuel injection, ignition parts, brake repairs and other manor accessory parts and repair services that do not require disassembly of major vehicle components, transmission, glass, painting or body work.

(2)

All repair and maintenance activities shall be carried on entirely within an enclosed building.

(3)

There shall be no outdoor storage.

(4)

Battery exchange stations. Electric vehicle battery exchange stations shall be considered for zoning purposes the same as minor automotive repair and maintenance businesses (NAICS 8111).

Battery exchange stations shall be allowed in the same zoning districts as minor and major automotive repair and maintenance businesses as described in Section 218-1 of the Code of Rockdale County, Georgia, as amended, entitled "Table of permitted uses".

Battery exchange stations shall comply with the all the supplemental standards listed in this subsection (f).

(g)

Automotive repair and maintenance, major.

(1)

Outdoor storage shall be in rear yard, screened by an eight-foot high fence or wall and be limited to 25 percent of parcel area.

(2)

A property that includes outdoor storage and repair shall be no closer than 200 feet from a property zoned or used residentially, measured along a straight line connecting the nearest points of the two properties in question.

(3)

There shall be no junkyards.

(g1)

Banquet hall, events center.

(1)

Shall be located on a collector or arterial road, as defined by the Rockdale County Department of Transportation, with the minimum lot frontage and direct access to the same collector or arterial road.

(h)

Bed and breakfast inn.

(1)

The operator of the establishment shall reside on the site.

(2)

The use requires conditional use approval by the planning commission, board of commissioners and fire marshal.

(3)

The use shall have a lot area of not less than 20,000 square feet and a floor area within the dwelling unit of no less than 2,500 square feet.

(4)

No guest shall reside in a bed and breakfast inn for a period in excess of 14 days.

(5)

One parking space shall be provided for each guest bedroom, and one space shall be provided for the operator's or owner's unit in the building.

(6)

The residential character of the neighborhood shall not be changed as a result of increased traffic in the neighborhood caused by the use.

(7)

The structure shall be compatible with the character of the neighborhood in terms of height, setbacks and bulk. Any modifications to the structure shall be compatible with the character of the neighborhood.

(8)

The proposed use shall maintain acceptable residential noise standards.

(9)

No restaurant use shall be permitted. Breakfast may be served on the premises only for guests and employees of the bed and breakfast inn.

(10)

Rooms may not be equipped with cooking facilities.

(11)

Bed and breakfast inn uses must comply with all other applicable provisions in the UDO.

(i)

Building material and garden equipment and supplies dealers.

(1)

All outside storage shall be completely screened from view from all streets and adjacent residentially zoned property.

(2)

Security fencing, a minimum of six feet in height, shall be provided around the outside of all storage areas.

(3)

All storage areas shall be maintained in a manner so as to limit dust from drifting onto adjoining properties.

(j)

Car washes.

(1)

Paved stacking lanes with the capacity for up to five vehicles shall be provided for vehicles waiting to use automatic car wash facilities and two vehicles per bay for self-service car washes.

(2)

No storage or repair of vehicles shall be allowed within the car washing facility.

(3)

The use shall provide a safe access to the street. Access shall only be through defined driveway locations.

(4)

Commercial car wash water recycling requirement.

(a)

All commercial in-bay and conveyor car washes that are constructed after July 11, 2017, must utilize a recycling system where a minimum of 50 percent of water utilized must be recycled.

(b)

Self-service car washes are not required to install recycled water systems.

(k)

Cellular and other wireless telecommunications. See article IV of this chapter.

(l)

Cemeteries. Private and public cemeteries shall comply with all provisions of state law. In addition:

(1)

A plat of the cemetery shall be recorded in the office of the Rockdale County Clerk of Superior Court.

(2)

Any new private cemetery shall be located on a site containing not less than 20 acres.

(3)

The site proposed for a cemetery shall not interfere with the development of a system of collector or larger streets in the vicinity of such site. In addition, such site shall have direct access to a thoroughfare by way of an access way not less than 20 feet wide.

(4)

Any new cemetery shall be enclosed by a fence or wall not less than four feet in height.

(5)

All structures shall be set back no less than 25 feet from any property line or street right-of-way line.

(6)

All graves or burial lots shall be set back not less than 25 feet from any property line or minor street right-of-way lines and not less than 50 feet from any collector, arterial, expressway or freeway right-of-way line.

(7)

The entire cemetery property shall be landscaped and maintained.

(8)

Prior to approval of the request for the location of a new cemetery, a site plan and perpetual care plan must be submitted to the department.

(l1)

Child care learning center.

(1)

The use shall comply with all applicable State of Georgia, Bright from the Start, Rules for Child Care Learning Centers.

(l2)

Civic and social organization.

(1)

Shall be located on a collector or arterial road, as defined by the Rockdale County Department of Transportation, with the minimum lot frontage and direct access to the same collector or arterial road.

(2)

The accessory use shall be permitted by right in the zoning district where the organization is established. It shall be clearly subordinate to and supportive of the principal activities of the civic or social organization, and located on the same lot as the organization. The organization shall be established, registered as a non-profit with Rockdale County, and in operation prior to the occupancy of accessory uses and facilities.

(3)

The following not-for-profit uses may be permitted as accessory to a civic or social organization only upon approval of a special use permit in accordance with section 238-6, provided that they meet all regulations specific to the proposed use or facility contained in this section and each of the additional standards provided in subsections (3) and (4) of this section.

a.

Outdoor recreation facilities 5,000 square feet or larger.

b.

Non-profit day care center, adult or child, maintained and operated by the civic or social organization.

1.

Shall comply with section 218-13, Supplemental use standards for adult day center, child care learning center, group day care home, or pre-kindergarten (Pre-K).

c.

Soup kitchen.

d.

Food bank, clothes closet, and other redistribution of goods of a similar nature.

(4)

Standards for approval of special use permits for uses listed in subsection (2):

a.

Outdoor activity shall be limited to the hours of 9:00 a.m. to 10:00 p.m.

b.

Additional parking shall be required at one space per 1,000 square feet of accessory use.

c.

The scale, intensity and operation of the accessory use or facility shall not generate unreasonable noise, traffic congestion, or other potential nuisances or hazards to contiguous properties.

d.

No signage shall be allowed to advertise accessory uses requiring a special use permit.

(m)

Colleges, universities, and professional schools.

(1)

A DRI review application shall be completed, as required in section 238-5 of the UDO.

(n)

Compost facility.

(1)

Composting materials shall be limited to tree stumps, branches, leaves, grass clippings or similar putrescent vegetative materials; not including manure, animal products or inorganic materials such as bottles, cans, plastics, metals or similar materials.

(2)

Along the entire road frontage (except for approved access crossings), provide a three-foot high landscaped earthen berm with a maximum slope of three to one and/or a minimum six-foot high, 100 percent opaque, solid wooden fence or masonry wall. The fence/wall or berm must be located outside of any public right-of-way and interior to any landscaped strip. The finished side of a fence/wall shall face the exterior property lines.

(o)

Computing infrastructure providers, data processing, web hosting and related services.

(1)

Maximum building height: 85 feet, excluding rooftop mechanical equipment when building is located on property zoned M-1 or M-2. For all other zoning districts, the stated applicable height requirement for the zoning district in question shall apply.

(p)

Reserved.

(q)

Drug rehabilitation center. If in a residential district or abutting a residential district, the following standards shall apply.

(1)

No meals or overnight accommodation shall be provided.

(2)

The outer appearance of the building shall be compatible in height, style, front yard, roof type, fenestration and floor area with buildings on the same block.

(3)

Services shall only be provided on a temporary, "out-patient basis" during daylight hours, and consistent with subsection (1) above.

(4)

If located within a residential district, at least 1,000 feet shall separate a drug rehabilitation center from another drug rehabilitation center, transitional housing facility, rooming and boarding house, or personal care home.

(5)

The operator must be licensed to provide treatment and rehabilitation services for persons with drug and alcohol dependency by the State of Georgia.

(6)

If a rezoning or special use permit application is made for location or relocation of a halfway house, drug rehabilitation center or other facility for treatment of any dependency, public hearing requirements shall conform to O.C.G.A. § 36-66-4(f).

(r)

Dwelling, caretaker/employee.

(1)

The use must maintain a residential appearance and shall produce no impacts in appearance, noise, light and traffic that are detrimental to adjacent properties.

(2)

The size of the house can be no more than 800 square feet.

(s)

Dwelling, multi-family. In approving the site plan for a multifamily development, the county shall determine that the streets, driveways, parking areas and other public and private drives shown on the plan meet the following standards:

(1)

Multi-family developments with more than 50 units must have access to a collector or arterial street.

(2)

Private streets may be permitted, provided such streets meet the standards of public streets as specified in chapter 332, article I.

(3)

Adequate provision is made for vehicular traffic to and from the premises and for vehicular traffic and pedestrian traffic to and from the proposed buildings, structures and parking areas on the premises; including firefighting and police equipment and personnel, ambulance service, garbage collection service, postal service, delivery service and other public and private services and individuals who would require access to the premises.

(4)

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

(5)

Multifamily developments may not abut a single-family residential zoning district on more than 75 percent of the boundary of the site.

(6)

Not more than 50 percent of the lot area shall be occupied by buildings.

(7)

Open space and recreation.

(8)

Multi-family residential developments with more than 50 dwelling units shall provide a minimum of 400 feet of open space or outdoor recreation per dwelling unit.

(9)

A residential sprinkler system for the suppression of fire shall be installed in each residential unit in all multi-family dwellings permitted in the county. No waiver or variance to this requirement shall be permitted.

(10)

See section 206-7—MRU (mixed residential uses) district; section 206-8—RM (residential multi-family district); section 206-14—MxD (mixed-use development) district for further standards.

(t)

Dwelling, single-family zero lot line.

(1)

Adjacent interior lots on the block face shall be developed as zero lot line dwellings.

(2)

The side yard requirement may be eliminated on one side of each lot. The remaining side yard shall maintain the minimum side yard dimension of the zoning district.

(3)

Each lot shall meet the minimum area requirements of the zoning district.

(4)

Easement agreements shall be recorded which allow maintenance and access for that side of the dwelling adjacent to the property line.

(5)

When the minimum side yard is used, a privacy fence at least six feet high is required between buildings.

(6)

See section 206-7—MRU (mixed residential uses) district for further standards.

(u)

Electric power generation.

(1)

Structures shall be placed not less than 50 feet from any property line.

(2)

Structures are to be enclosed by a chain link fence at least eight feet high.

(3)

The lot shall be suitably landscaped, including a buffer strip at least ten feet wide along the front, side and rear property lines; planted with evergreen trees and shrubs that grow at least eight feet tall and provide an effective visual screen.

(u1)

Electric vehicle charging station.

(1)

Location. Charging stations shall be located in off-street parking lots subject to Chapter 222, Off-street parking standards of the Code of Rockdale County, Georgia, as amended.

a.

Parking spaces associated with charging stations count towards the minimum and maximum space requirements and must remain available to all vehicles for parking.

b.

Charging stations shall be located outside of congested areas such as main access points to the roadway, and sufficient space must be provided for hoses and cords not to impede pedestrian pathways, driving lanes or adjacent parking spaces.

c.

Charging stations may be installed in landscape areas, but shall be excluded from area calculations pursuant to section 222-9, Landscaping in parking lots and section 328-25, Requirements for other developments.

d.

Charging stations must be protected from vehicular impact by wheel stops, curbs or bollards.

(2)

Signage. Each charging station space must be adequately posted, stating days and hours of operation, time limit for charging, voltage/amperage available, charging fees and instructions for safe use. Signs shall comply with chapter 230, Sign regulations.

(3)

Maintenance. The name and phone number of the party responsible for maintenance of the equipment must be labeled on the stations.

(4)

Accessibility. At least one charging station per parking lot must meet the American Disability Act standards.

(u2)

Electric vehicle charging unit.

(1)

Location. Charging units shall be installed on an interior or exterior wall of a building.

(2)

Signage. On properties other than single-family homes or duplexes, each charging unit must be adequately posted, stating days and hours of operation, time limit for charging, voltage/amperage available, charging fees and instructions for safe use. Signs shall comply with chapter 230, Sign regulations.

(3)

Maintenance. On properties other than single-family homes or duplexes, the name and phone number of the party responsible for maintenance of the equipment must be labeled on each unit.

(4)

The installation of a charging unit providing voltage over 120V requires an electrical permit delivered by the department of planning and development.

(v)

Electric, petroleum or gas substation.

(1)

Structures shall be placed not less than 50 feet from any property line.

(2)

Structures are to be enclosed by a chain link fence at least eight feet high.

(3)

The lot shall be suitably landscaped, including a buffer strip at least ten feet wide along the front, side and rear property lines; planted with evergreen trees and shrubs that grow at least eight feet tall and provide an effective visual screen.

(v1)

Family day care home.

(1)

The use shall comply with all applicable State of Georgia, Bright from the Start, Rules and Regulations for Family Day Care Homes.

(2)

The use shall maintain a residential appearance compativle with the neighborhood and shall not negatively impact adjacent or nearby properties as a result of traffic, noise, light, refuse, parking or other hazard or nuisance.

(3)

No signage shall be allowed for a family day care home.

(w)

Farming, general.

(1)

All structures, buildings or enclosed areas used for the operation shall be a minimum of 100 feet from all property lines.

(2)

Equipment-producing noise or sound in excess of 70 decibels shall be located no closer than 100 feet to the nearest residence.

(3)

All unpaved storage areas shall be maintained in a manner which prevents dust from adversely impacting adjacent properties.

(x)

Fitness and recreational sports centers. This regulation shall apply equally to outdoor tennis courts, neighborhood recreation centers, basketball courts, ice rink, hockey rink, soccer, field hockey and football fields, baseball and softball fields, gymnasiums, spas, group exercise and fitness centers, yoga, karate and similar facilities.

If in a residential district or abutting a residential district, the following standards shall apply:

(1)

Hours of operation shall be limited to the hours of 6:00 a.m. to 11:00 p.m.

(2)

Outdoor recreation activities shall be limited to the hours of 8:30 a.m. to 10:00 p.m.

(3)

No outdoor loudspeakers or sound amplification systems shall be permitted.

(4)

No outdoor storage shall be permitted.

(5)

No building, swimming pool, tennis court, ball field or other form of outdoor recreation shall be closer than 50 feet from abutting property zoned for single-family residential use. Outdoor lights shall be no more than ten feet in height nor closer than 25 feet from a property line. Outdoor lighting fixtures shall be cut-off luminaries designed to cast light downward and away from adjacent property.

(6)

Property lines abutting property zones for single-family residential use shall provide a minimum 25 feet buffer continuous except where penetrated from driveways or utility lines that shall be located perpendicular to property lines.

(7)

Swimming pools shall meet applicable regulations contained elsewhere in this article.

(y)

Flea market.

(1)

The market must provide adequate off-street parking for its employees, dealers and customers.

(2)

The market must provide adequate restroom facilities located within the structure or building.

(3)

A building permit shall be required for interior spaces.

(4)

For outdoor flea markets see temporary use, commercial retail.

(z)

Forestry and logging. See also "timber harvesting" at section 328-37.

(1)

Such activities shall be conducted consistent with "Georgia's Best Management Practices for Forestry."

(2)

Forestry and logging activities taking place on commercially zoned property shall preserve undisturbed buffers as required in section 328-37.

(3)

Forestry and logging activities taking place on property that is adjacent to occupied residential property shall preserve a 50 feet undisturbed buffer.

(z1)

Fruit and vegetable market.

(1)

Shall be located on an arterial road, as defined by the Rockdale County Department of Transportation, with the minimum lot frontage and direct access to the same arterial road. Fruit and vegetable markets shall be excluded from residential properties located on arterial roads that are a part of a recorded subdivision, defined as the common development of five lots or more, subject to a required preliminary plat pursuant to section 302-23.

(2)

Shall be located no closer than 100 feet from a property zoned or used residentially, measured along a straight line connecting the nearest points of the properties.

(3)

Shall obtain a Food Sales Establishment License from the Georgia Department of Agriculture.

(aa)

Gasoline station and gasoline station with convenience store.

(1)

The use shall not be established on any lot that is adjacent to any residential district.

(2)

The use shall not be within 100 feet of a lot that is zoned to a residential zoning classification under the Rockdale County Zoning Map.

(3)

All vehicle repair and maintenance activities shall be carried out entirely within an enclosed building.

(4)

Outdoor storage or display of items for sale is prohibited.

(5)

Only minor automotive repair and maintenance is allowed and shall be confined within the principal structure, out of public view. Commercial vehicles or equipment repair and maintenance are expressly prohibited.

(6)

The use shall have a minimum frontage on the primary street of 150 feet and shall meet the applicable minimum lot size requirement found in section 214-1.

(7)

Gas pumps, canopies, air hoses and other accessories, appurtenances and equipment shall be set back at least 25 feet from the right-of-way.

a.

Pump island(s) shall be a minimum of 30 feet from any right-of-way or property line and a minimum of 30 feet from any building on the lot and shall be above grade with respect to any street adjoining the property.

b.

There shall not be more than six MPD's (multiple product dispensers) at any gasoline service station.

(8)

Vehicular entrances or exits:

a.

Shall not be allowed more than one curb cut for the first 150 feet of street frontage.

b.

Shall contain an access width along the curb line of the street of not more than 35 feet, as measured parallel to the street at its narrowest point and shall not be located closer than 60 feet to a street intersection or closer than ten feet to the adjoining property.

c.

Shall provide for adequate acceleration and deceleration lanes, if required by the Georgia Department of Transportation or Rockdale County.

(9)

All drives, parking, storage and service areas shall be paved and curbed.

(10)

Outside above-ground tanks for the storage of gasoline, liquefied petroleum gas, oil, and other flammable liquids or gases shall be prohibited at any gasoline service station.

(11)

Overnight accommodation, showers, and overnight customer parking are prohibited.

(12)

The use shall not be combined with any other use(s) or facility so as to create a truck stop. See section 106-1.

(13)

No gas station shall be located within four miles of another gas station. This distance shall be measured in a straight line from the nearest property line of the existing gas station to the nearest property line of the proposed gas station.

a.

Gasoline service stations shall be located in those districts set forth in the Rockdale County Unified Development Ordinance.

b.

There shall be a minimum distance of 500 feet measured from the nearest points of lot boundaries between a proposed gasoline service station and any lot occupied by a church, hospital, school, or other place of public assembly.

c.

There shall be a minimum distance of one mile measured from the nearest points of lot boundaries between a proposed gasoline service station and any existing gasoline service station.

(14)

Penalties. Any person, firm or corporation violating the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof in the Rockdale County Magistrate Court shall be fined in an amount not exceeding $500.00 or be imprisoned in the county jail for a period not exceeding 180 days or be both fined and imprisoned. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable individually.

(bb)

Greenhouse, nursery and floriculture production.

(1)

Any structure shall be set back at least 100 feet from any residential property line.

(bb1)

Group day care home.

(1)

The use shall comply with all applicable State of Georgia, Bright from the Start, Rules and Regulations for Group Day Care Homes.

(cc)

Halfway house. Prohibited in all residential districts. If abutting a residential district, the following standards shall apply.

(1)

No more than 15 residents, not including attendants and employees of the operator.

(2)

Operator must be licensed for treatment of drug and alcohol dependency.

(3)

Parking must be provided in an enclosed garage or in the rear or side yard.

(4)

The outer appearance of the building shall be compatible in height, style, front yard, roof type, fenestration and floor area with buildings on the same block.

(5)

Services shall not be provided on an "out-patient basis" to persons who are not regular residents of the facility, as described in subsection (1) above.

(6)

At least 1,000 feet shall separate the halfway house from another halfway house, transitional housing facility, rooming and boarding house, or personal care home.

(7)

If a rezoning or special use permit application is made for location or relocation of a halfway house, drug rehabilitation center or other facility for treatment of any dependency, public hearing requirements shall conform to O.C.G.A. § 36-66-4(f).

(dd)

Home occupation. A home occupation, as defined by the UDO shall be governed by the following requirements:

(1)

Only residents of the dwelling containing the home occupation may be engaged in the home occupation. The home occupation shall not involve group assembly or group instruction on the premises.

(2)

The home occupation shall be clearly incidental to the residential use of the dwelling and shall not change the residential character of the building.

(3)

No products may be produced, stored or sold on the premises except bona fide agricultural products grown on the premises in the A-R and W-P districts and cottage foods produced on the premises in those districts indicated in the table of permitted uses, section 218-1. The following standards shall apply to all cottage food production:

a.

The use shall comply with all of the Cottage Food Regulations, Chapter 40-7-19, of the Rules of the Georgia Department of Agriculture, Food Safety Division for standards, licensing and inspections.

b.

Cottage food production shall be restricted to the following non-potentially hazardous foods, as defined by the Georgia Department of Agriculture:

1.

Loaf breads, rolls, and biscuits;

2.

Cakes and cupcakes (except those that require refrigeration due to cream cheese icing, fillings, or high moisture content such as tres leche);

3.

Pastries and cookies;

4.

Candies and confections;

5.

Fruit pies;

6.

Jams, jellies, and preserves (not to include fruit butters whose commercial sterility may be affected by reduced sugar/pectin levels);

7.

Dried fruits;

8.

Dry herbs, seasonings and mixtures;

9.

Cereals, trail mixes and granola;

10.

Coated or uncoated nuts;

11.

Vinegar and flavored vinegars; and

12.

Popcorn, popcorn balls, and cotton candy.

c.

The sale of cottage food products must be to the end consumer. No distribution or wholesale allowed including, but not limited to, hotels, restaurants, convenience stores, or institutions.

d.

The cottage food operator shall provide to the department of planning and development a copy of the cottage food license issued by the Georgia Department of Agriculture, Food Safety Division, prior to obtaining a county business license.

e.

Rockdale County reserves the right of entry to the residence during normal business hours, or at other reasonable times, for investigation of consumer complaints, a foodborne disease outbreak, or other public health emergency. Refusal to allow entry during normal business hours or at other reasonable times shall result in revocation of the business license issued by the county.

(4)

Use of the building for the purpose of a home occupation shall not exceed 25 percent of the square footage of one floor of the principal building.

(5)

No internal or external alterations inconsistent with the residential use of the building shall be permitted. No exterior evidence of the conduct of a home occupation shall be allowed. No signage of any kind for the home occupation is allowed.

(6)

The home occupation shall not constitute a nuisance to the neighborhood. Furthermore, except as would be caused by a typical residential use, no noise, vibration, dust, odor, smoke, glare or electric disturbance that is perceptible beyond any property line will be permitted to occur as a result of the home occupation.

(7)

No accessory buildings or outside storage shall be used in connection with the home occupation.

(8)

Only one vehicle shall be permitted in connection with the home occupation. That vehicle must be one that is designed and used primarily as a passenger vehicle with a carrying capacity of less than three-fourths ton.

(9)

No earth-moving equipment or heavy construction or hauling equipment shall be allowed on the premises.

(10)

Pursuant to the above requirements, a home occupation includes, but is not limited to, activities such as the following:

a.

Art studio.

b.

Dressmaking.

c.

Teaching of any kind, provided instruction is limited to not more than two pupils at a time.

d.

However, a home occupation shall not be interpreted to include any occupation or profession providing medical or mental health services including, but not limited to, physician, veterinarian, dentist, psychiatrist or psychologist.

(11)

No more than one vehicle used in the home occupation may be parked on the premises overnight, and no more than one additional vehicle connected with the home occupation may be parked on the premises during the day, provided the gross vehicle weight of each such vehicle shall not exceed two tons. Material kept on such vehicles shall be enclosed or kept in the bed of the vehicle, but not stored on exposed racks on the vehicle.

(ee)

Horse stables, riding and boarding. See livestock quarters and enclosures for applicable regulations.

(ff)

Hospital.

(1)

The lot shall have access to a major thoroughfare.

(2)

Side and rear setbacks shall be at least 25 feet or the minimum required by the zoning district, whichever is greater.

(3)

Front building setback shall be at least 50 feet.

(gg)

Hotels, motels and extended-stay hotels.

(1)

Hotels, motels and extended-stay hotels must be constructed on a tract of land containing no less than two acres.

(2)

Hotels, motels and extended-stay hotels are limited to no more than 25 guest rooms per acre.

(3)

All guest rooms shall be accessed internally to the building with no direct room access to the outside. The lobby shall be a minimum of 700 square feet in size.

(4)

Each guest room must contain a minimum square footage per unit of 300 square feet and shall be accessed with a magnetic keycard entry/locking device.

(5)

Hotels, motels and extended-stay hotels must contain an enclosed, heated and air conditioned laundry space containing a minimum of three clothes washers and three clothes dryers for the use of guests.

(6)

Daily maid service must be included in the standard room rate.

(7)

Hotels, motels and extended-stay hotels must provide a minimum of 1,000 square feet for recreational use by guests. In computing the 1,000 square feet requirement, swimming pools, fitness or recreation centers and other recreational facilities may be used in determining the square footage required by this subsection.

(8)

No extended stay motel/hotel may be located within 1,000 feet of another extended stay hotel.

(9)

No guest shall register, reside in, or occupy any room or rooms within the same licensed facility for more than 60 days. Upon approval by the hotel management, a guest may be allowed to stay a maximum of 60 additional days.

(10)

Management must be on the property 24 hours a day, seven days a week.

(11)

A 75-foot natural buffer, enhanced with an additional 25-foot landscaped buffer, shall be provided adjacent to residentially zoned property.

(12)

No business license shall be issued for any business operating from any guest room of the facility.

(13)

No applicant shall operate, conduct, manage, engage in, or carry on an extended-stay hotel under any name other than his name and the name of the business as specified on the occupation tax certificate.

(14)

Any application for an extension or expansion of a building or other place of business where an extended-stay hotel is located shall require inspection and shall comply with the provisions and regulations of this subsection.

(gg1)

Indoor shooting range.

(1)

Buildings containing ranges shall have walls, ceilings and floors that are either impenetrable to the bullets of the firearms being used within it, or have internal baffling built so that the bullets cannot hit the walls or ceilings. Provisions shall also be made to stop glancing bullets or particles of bullets at the sides of the target area.

(2)

A system of ventilation shall be installed within the range in accordance with the standards and requirements of the Environmental Protection Agency (the "EPA").

(3)

The range shall be so constructed and insulated that the discharge of firearms within it shall not disturb persons outside the premises. The discharge of firearms shall be deemed to constitute a disturbance if the noise level exceeds fifty-five decibels (55dBA) at a distance of 50 feet or more from the building containing the range. Sound measurements shall be made with a sound level meter.

(4)

Hearing protectors which fully cover the shooters' ears will be provided by the range and made available for all shooters or other persons in the firing area.

(5)

There shall be a minimum of one instructor for each five firing points in use. All instructors will be required to be certified by the National Rifle Association or similar organization. The owner of the range shall require personnel, instructors and attendants to be at least 18 years of age.

(6)

No person under the age of 18 years shall be permitted to enter a range unless accompanied by an adult.

(7)

No weapons other than handguns or rimfire rifles with a .22 caliber or less shall be allowed on the premises. All weapons brought into the range shall be in a case designed for the weapons so that no part of the weapon will be visible. Certified law enforcement officers are exempt from the provisions of this article.

(8)

Loaded weapons shall only be allowed in the firing area of the range and shall not be permitted in any other place inside the building or premises or within the property boundaries outside the building.

(9)

Not more than one person shall shoot from a firing point at one time. All of the persons except instructors must stand behind the firing point. No person shall be allowed in front of a firing point at any time during operating hours except instructors and/or employees and law enforcement officers.

(10)

An emergency system shall be installed within each range, capable of alerting the people on the range to stop firing immediately.

(11)

It shall be unlawful for any person operating a range to permit any person or persons to bring any alcoholic beverages on the premises of any range, or to permit the consumption of alcoholic beverages on the premises or to permit alcoholic beverages to be left at any place on the premises. It shall also be unlawful for any person operating a range to permit any intoxicated person to be or remain in the premises of a range.

(12)

It shall be unlawful for any person operating a range to permit any form of gambling or wagering.

(13)

It shall be the responsibility of the licensee or instructor to brief patrons concerning the rules and regulations in the range before they are permitted to use the firing range. The licensee shall keep posted in a conspicuous place inside the building and outside the building a sign stating the rules and regulations of the range.

(14)

All ranges shall be subject to all requirements of the Occupational Safety and Health Act, and the National Institute for Occupational Safety and Health.

(hh)

Industrialized home. All industrialized homes must comply with the following regulations for dwelling units:

(1)

At the time an application for installation of any industrialized home is presented for review, the applicant must present evidence of the following:

a.

The serial number for the home as provided by the manufacturer.

b.

Proof of the identity of the manufacturer.

c.

Proof of inspection of the home at the date of manufacture, including DCA insignias.

(2)

No industrialized home shall be in a state of disrepair at the time of its installation at the intended location within the unincorporated areas of the county. Proof of an approved department of community affairs insignia may be accepted as evidence of a new industrialized home's compliance with this subsection.

(3)

It shall be the responsibility of the director or his designee to inspect industrialized homes being placed or relocated within the unincorporated areas of the county. Public services and engineering staff shall conduct such inspections necessary to ensure the following:

a.

External connections to gas, plumbing, electric and any other utility systems shall be constructed and installed in a manner that meets all county building codes.

b.

Each industrialized home site shall include an approved potable water source and an approved sewage disposal system meeting the requirements of the state department of human resources and the county health department.

c.

Steps and landings of the requisite size and composition per section 1113 of the Standard Building Code of the Southern Building Code Congress International (SBCCI), shall, at a minimum, be required of all industrialized homes, with such provisions being expressly incorporated by reference herein as part of this requirement.

(4)

All industrialized home sites shall conform to all regulations for the zoning district in that the property is located.

(5)

No industrialized home may be attached to another industrialized home by means of a breezeway, corridor or hallway. Industrialized homes designed to be part of a multi-unit residential structure are prohibited.

(6)

Industrialized homes are not permitted to be used as accessory structures.

(ii)

Inter-modal terminal facility.

(1)

All such uses proposed by a public authority shall include a certified copy of the law, UDO, resolution or other official act adopted by the governmental entity proposing the use and authorizing the establishment of the proposed use at the proposed location.

(2)

All applications shall include evidence that the proposed facility will meet the standards and requirements imposed by regulating agencies and all other applicable federal, state or local statutes, UDOs, or rules or regulations.

(3)

A statement shall be provided detailing noise abatement procedures, methods and devices that will be employed in the operation of the facility, and sufficient analysis shall be presented to indicate what adjoining lands will be affected by the anticipated noise.

(4)

All facilities shall be located and so designed that the operation thereof will not seriously affect adjacent residential areas, particularly with respect to noise levels.

(5)

All facilities shall provide a 200-foot landscaped buffer adjacent to any residentially zoned property.

(6)

All facilities shall complete a visibility study to ensure that no lights, structures or storage buildings are visible from existing residences.

(jj)

Kennel, hobby.

(1)

The lot size shall be no less than two acres.

(2)

All structures housing animals shall be located at least 100 feet from property lines or street right-of-way.

(3)

All areas maintaining animals outside shall be located no closer than 100 feet from property lines or street right-of-way.

(kk)

Kennel, pet boarding.

(1)

The lot size shall be no less than two acres within the A-R zoning district.

(2)

Any building or enclosed structures for the housing of animals shall have minimum side and rear setbacks of at least 100 feet:

a.

Within the A-R zoning district;

b.

When adjacent to residential districts.

(3)

All areas maintaining animals outside shall be completely enclosed by walls or fences at least six feet in height and shall be located no closer than 200 feet from property lines or street right-of-way.

(ll)

Landfill, inert waste.

(1)

Standards.

a.

Minimum acreage of site: 25 acres.

b.

No facility shall be permitted within 500 feet of a residential dwelling, private well, or school.

c.

A minimum 100-foot-wide buffer, meeting the requirements of this chapter, shall be maintained on all property lines including property lines abutting a public street.

d.

All facilities shall be enclosed with a security fence at least six feet in height with openings therein not more than those in two-inch mesh wire or some other similar fencing materials and placed inside the buffer. A minimum six-foot-high solid fence or wall is required inside buffers adjacent to property zoned or used for residential purposes. A sight line study shall be submitted to county staff for approval.

e.

Access to inert waste landfills shall be limited to authorized entrances that shall be closed when the site is not in operation. Access shall not be derived through any residential subdivision or development. Routes and entrances shall be approved by the director of public works to ensure that access is derived from paved streets and that such streets will withstand maximum load limits established by the county.

f.

Materials placed in inert waste landfills shall be spread in layers and compacted to the least practical volume.

g.

A uniform compacted layer of clean earth no less than one foot in depth shall be placed overall exposed inert waste material at least monthly.

h.

The inert waste landfill site shall be graded and drained to minimize runoff onto the landfill surface, to prevent erosion and to drain water from the surface of the landfill.

i.

The property owner shall obtain a land disturbing permit for any inert waste landfill.

j.

No hazardous wastes, industrial wastes, demolition wastes, biomedical wastes, asbestos, or liquid waste shall be allowed in an inert waste landfill.

k.

This section shall not prohibit the burial of dry waste building materials on the same property of a structure currently under construction. However, hazardous materials may not be included in this disposal.

l.

Suitable means, such as stockpiled soil, shall be provided to prevent and control fires.

m.

A uniform compacted layer of final cover not less than two feet in depth and a vegetative cover shall be placed over the final lift not less than one month following final placement of inert waste within the lift.

n.

Notice of final closure must be provided to the inspections department within 30 days of receiving the final load of waste. Any site not receiving waste in excess of 180 days shall be deemed abandoned and in violation of this section unless properly closed. Notice of closure must include the date of final waste receipt and an accurate legal description of the boundaries of the landfill.

(mm)

Landfills, sanitary (municipal).

(1)

Standards.

a.

Minimum acreage of site: 100 acres.

b.

No facility shall be permitted within 500 feet of a residential dwelling, private well, or school.

c.

A minimum 200-foot-wide buffer, meeting the requirements of this chapter, shall be maintained against all property lines including property lines abutting a public street.

d.

All facilities shall be enclosed with a security fence at least six feet high with openings therein not more than those in two-inch mesh wire or some other similar fencing materials and placed inside the buffer. A minimum six-foot-high solid fence or wall is required inside the buffers adjacent to property zoned or used for residential purposes. A sight line study shall be submitted to county staff for approval.

e.

Limited access. A gate or other barrier shall be maintained at potential vehicular access points to block unauthorized access to the site when an attendant is not on duty. Access shall not be derived through any residential subdivision or development. Routes and entrances shall be approved by the director of public works to ensure that access is derived from paved streets and that such streets will withstand maximum load limits established by the county.

f.

The property owner shall obtain a land disturbing permit for any sanitary landfill.

g.

Groundwater protection. The site must be designed with adequate soil buffers or artificial lines and leachate collection and treatment systems to preclude, to the maximum extent possible, the contamination of drinking water supplies.

h.

Erosion and sedimentation control. All surface runoff from disturbed areas must be controlled by the use of appropriate erosion and sedimentation control measures or devices. Sediment basins must be designed to handle both the hydraulic loading for the 25-year, 24-hour storm and the sediment loading from the drainage basin for the life of the site.

i.

Revegetation. The plan must call for the revegetation of any disturbed area that will remain exposed for more than three months. Revegetation of final cover must take place within two weeks after final cover placement.

j.

Sequence of filling. The plan must define a sequence of filling the entire site that minimizes any problems with drainage or provides for all-weather access roads to the working area.

k.

Daily cover. The composition of daily cover shall meet the following standards:

1.

Must be capable of preventing disease vectors, odors, blowing litter, and other nuisances.

2.

Must be capable of covering solid waste after it is placed without change in its properties and without regard to weather.

3.

Must be capable of allowing loaded vehicles to successfully maneuver over it after placement.

4.

Must be noncombustible.

5.

Forty percent by weight of the fragments in the daily cover shall pass through a two millimeter, No. 10 sieve.

6.

Must not include rock fragments that are greater than six inches in diameter.

l.

Intermediate or monthly cover. The composition of intermediate or monthly cover shall meet the same criteria for daily cover and be capable of supporting the germination and propagation of vegetative cover.

m.

Final cover. The composition of final cover shall meet the same criteria as for monthly cover and must compact well and preclude the excessive infiltration of surface water.

n.

Final grading. The grade of final slopes shall be designed, installed and maintained to:

1.

Ensure permanent slope stability.

2.

Control erosion due to rapid water velocity and other factors.

3.

Allow compaction, seeding and revegetation of cover material placed on slopes.

4.

Ensure minimal percolation of precipitation into and surface runoff onto the disposal area.

5.

The grade of the final surface of the facility may not be less than three percent nor greater than 33 percent.

o.

Fire protection, groundwater monitoring, methane gas control, liners and leachate collection, closure, post-closure care and financial responsibility shall be in conformance with chapter 391-3-4, Solid Waste Management Rules of the Environmental Protection Division of the State Department of Natural Resources.

(2)

Any operator of any sanitary landfill shall comply with the performance requirements of chapter 391-3-4, Solid Waste Management Rules of the Environmental Protection Division of the State Department of Natural Resources

(3)

No regulated quantities of hazardous waste may be accepted. The operation must have a plan for excluding regulated quantities of hazardous waste.

(4)

No person in responsible charge of a sanitary landfill which has a leachate collection system shall perform the duties of a sanitary landfill operator without being duly certified by the state.

(5)

No sanitary landfill which has a leachate collection system shall be operated in the state unless the person in responsible charge is duly certified by the state.

(nn)

Libraries and archives. When located in residential districts, such uses shall:

(1)

Be located on a collector or arterial street.

(2)

Provide a 50 feet buffer adjacent to residential zoning.

(3)

Set back driveways and parking areas a minimum of 25 feet from side and rear property lines.

(oo)

Livestock quarters and enclosures (includes poultry). The keeping and raising of all farm animals and fowl and use of private stables shall be limited to property located within the R-1 (Single Family Residential) zoning district, the A-R (Agricultural-Residential) zoning district, and the W-P (Watershed Protection) zoning district, subject to the following standards:

(1)

In the R-1 zoning district, the keeping and raising of all farm animals and fowl and use of private stables shall be limited to properties with a minimum of three acres outside the boundaries of any recorded subdivision, defined as the common development of five lots or more, subject to a required preliminary plat pursuant to section 302-23.

(2)

In the R-1 zoning district, the maximum number of livestock shall be limited to two adult hooved animals per three acres.

(3)

In the A-R zoning district, the keeping and raising of all farm animals and fowl and use of private stables shall be limited to properties with a minimum lot size of three acres.

(4)

In the A-R zoning district, the maximum number of livestock shall be equal to two adult hoofed animals per acre.

(5)

In the W-P zoning district, the keeping and raising of all farm animals and fowl and use of private stables shall be limited to properties with a minimum lot size of three acres.

(6)

In the W-P zoning district, the maximum number of livestock shall be limited to two adult hoofed animals per three acres.

(7)

In the R-1 zoning district, the A-R zoning district, and the W-P zoning district, any structure, pen, corral or other building appurtenant to the keeping and raising of livestock or poultry must be located a minimum of 200 feet from any property line or state water as defined in O.C.G.A. § 12-7-3.

(8)

In the W-P zoning district, a fence shall be erected a minimum of 150 feet from any state water, as defined in O.C.G.A. § 12-7-3, so as to prevent livestock from entry into any state water.

(9)

The keeping and raising of all farm animals and fowl shall be subject to all regulations promulgated by the Rockdale County Health Department.

(pp)

Manufactured home. All manufactured homes must comply with the following regulations for dwelling units:

(1)

A scaled site plan prepared by a state-certified surveyor, landscape architect or engineer shall be required with all applications for a building permit to install a manufactured home in the unincorporated areas of the county.

(2)

At the time an application for installation of any class of manufactured home in the unincorporated area of the county is presented for review, the applicant must present evidence of the following:

a.

The serial number for the home as provided by the manufacturer.

b.

Proof of the identity of the manufacturer.

c.

Proof of inspection of the home at the date of manufacture, including HUD insignias.

(3)

No class B manufactured home may be brought in and placed within the unincorporated areas of Rockdale County except in an existing manufactured home park.

(4)

No class C manufactured homes shall be brought into and placed within the unincorporated areas of the county.

(5)

No manufactured home shall be in a state of disrepair at the time of its installation at the intended location within the unincorporated areas of the county. Proof of an approved housing and urban development insignia may be accepted as evidence of a new manufactured home's compliance with this subsection. The state of repair of a manufactured home which has previously been utilized as a residential dwelling shall be determined based on the home's compliance with the following provisions:

a.

Sanitary facilities. Every manufactured home shall contain not less than a kitchen sink, a lavatory sink, a tub or shower, and a toilet all in working condition when properly connected to an approved water and sewer system. Every plumbing fixture and water and waste pipe shall be in a sanitary working condition free from leaks and obstructions.

b.

Hot and cold water supply. Every kitchen sink, lavatory sink, and tub or shower in a manufactured home must be connected to a supply of both hot and cold water.

c.

Water heating facilities. Every manufactured home shall have water-heating facilities in safe working condition.

d.

Heating facilities. Every manufactured home shall have heating facilities in safe working condition. Where a central heating system is not provided, each manufactured home shall be provided with facilities whereby heating appliances may be connected.

1.

Unvented fuel burning heaters shall be prohibited except for gas heaters listed for unvented use and the total input rating of the unvented heaters is less than 30 BTU per hour per cubic foot of room content.

2.

Unvented fuel burning heaters shall be prohibited in bedrooms.

e.

Smoke detector. Every manufactured home shall be provided with a smoke detector approved by the state that is installed in accordance with the manufacturer's recommendations.

f.

Windows. Every habitable room excluding bathrooms, kitchens, and hallways shall have at least one window that can be opened, facing directly to the outdoors. All window panes shall be intact and free of cracks or other structural flaws.

g.

Ventilation. Every habitable room shall have at least one window or skylight which can be opened, or such other device that will ventilate the room.

h.

Electrical.

1.

Distribution panels. Distribution panels shall be in compliance with the approved listing, complete with required breakers or fuses, with all unused openings covered with blank covers approved and listed for that purpose. Connections shall be checked for tightness. Panels shall be accessible.

2.

Electrical system. The electrical system (switches, receptacles, fixtures, etc.) shall be properly installed and wired and in working condition. The manufactured home may be subjected to an electrical continuity test to assure that all metallic parts are properly bonded.

i.

Exterior walls. The exterior of the manufactured home shall be free of loose or rotting boards or timbers and any other condition that might admit rain or moisture to the interior portions of the walls or to the occupied spaces of the manufactured home.

j.

Exterior siding. The exterior siding of the manufactured home shall be free of rot and rust and must be uniform in appearance.

k.

Roofs. Roofs shall be structurally sound and have no obvious defects, which might admit rain or cause moisture to collect on the interior portion of the home.

l.

Interior floors, walls and ceiling. Every floor, interior wall and ceiling shall be kept in sound condition to prevent the admittance of rain or moisture.

(6)

For manufactured homes that are to be relocated in the unincorporated area of the county from a site outside of the unincorporated area of the county, an inspection for compliance with each of the applicable requirements set forth in subsections (5)a through (5)l of this section shall be conducted prior to the home being brought into the county. Noncompliance with any of the provisions of this subsection shall cause a manufactured home previously used as a residential dwelling to be in a state of disrepair for purposes of this section. The installation of such home shall not be permitted absent correction of the defect by the applicant and approval by the director

(7)

It shall be the responsibility of the director to inspect manufactured homes being placed or relocated within the unincorporated areas of the county. Public services and engineering staff shall conduct such inspections necessary to ensure the following:

a.

External connections to gas, plumbing, electric and any other utility systems shall be constructed and installed in a manner that meets all county building codes.

b.

Each manufactured home site shall include an approved potable water source and an approved sewage disposal system meeting the requirements of the state department of human resources and the county health department.

c.

All manufactured homes must be installed in accordance with O.C.G.A. §§ 8-2-160 through 8-2-168. All manufactured homes with the exception of those located in existing manufactured home parks shall be placed on a permanent foundation, either slab or piers on poured concrete footings, in accordance with the manufacturer's permanent installation instructions. If the manufacturer's instructions are no longer available, the rules and regulations of the safety division of the state department of insurance (chapter 120-3-7, as amended) shall be followed regarding installation.

d.

Steps and landings of the requisite size and composition per section 1113 of the Standard Building Code of the Southern Building Code Congress International (SBCCI), shall, at a minimum, be required of all manufactured homes, with such provisions being expressly incorporated by reference herein as part of this requirement.

(8)

All manufactured home sites shall conform to all regulations for the zoning district in which the property is located.

(9)

No manufactured home may be attached to another manufactured home by means of a breezeway, corridor or hallway.

(10)

Manufactured homes are not permitted to be used as accessory structures.

(11)

The following language shall appear on the face of all permit applications for manufactured homes:

"The applicant is advised that the use(s) and/or structure(s) associated with this application may be restricted or prohibited by private covenants or other private legal restrictions and/or agreements applicable to the property which is the subject of the application. Investigation and compliance with any such private covenants and restrictions is solely the responsibility of the applicant. Issuance by Rockdale County of any permit pursuant to this application has no effect or impact upon, and does not certify the compliance or noncompliance of, such private covenants and restrictions."

(12)

The following provisions shall apply to all nonconforming manufactured homes:

a.

Any nonconforming manufactured home that is moved shall not be relocated within the county nor replaced by another manufactured home except in conformity with the provisions of this Code.

b.

Any nonconforming manufactured home that is destroyed to the extent of more than 50 percent of the total square footage of the preexisting structure shall not be rebuilt or replaced with a manufactured home unless such manufactured home is a class A manufactured home as currently defined, or a class B manufactured home if such nonconforming home was located in an existing manufactured home park.

c.

A nonconforming manufactured home shall not be enlarged or expanded in size, nor shall any additions or structural alterations or changes in foundation be made thereto, unless the nonconforming home is made to conform to the provisions of this Code, or the enlargement or expansion is for the purpose of more closely complying with the requirements applicable to manufactured homes. Variances may not be granted to enlarge or expand a nonconforming manufactured home.

d.

Whenever the use of a nonconforming manufactured home has been discontinued for a period of one year, it shall not thereafter be used and all future use shall be in conformity with the provisions of this Code.

e.

Nothing in this section shall be construed or interpreted to prevent the normal maintenance and repair of any manufactured home.

f.

All manufactured homes existing and installed in the county prior to the adoption of the ordinance from which this section is derived that do not conform to the current provisions applicable to such homes shall be authorized as legally nonconforming.

(qq)

Massage establishment. Establishments that perform massage therapy must meet the standards of chapter 22, article III.

(rr)

Mineral extraction; river and stream sand.

(1)

Standards.

a.

Adequate land is to be available for tailing ponds, located out of the floodplain.

b.

A hydrological and geological analysis and drainage plan of the proposed operation shall be submitted to and approved by the director of the department of public services and engineering with the applicable requirements of a land disturbing permit. The plan shall conform to the requirements of a land disturbing plan and include:

1.

Plans for the property after the operation has ceased.

2.

Revegetation plans.

3.

Maintenance of the site during the operation.

4.

Return water turbidity levels.

5.

Any other information required by the director.

(2)

Extraction along Big Haynes Creek shall be limited to the two existing mill ponds located on Big Haynes Creek.

(3)

Stabilization of the stream and river banks is to be ensured by a 50-foot setback from the banks for all equipment.

(4)

The use shall not be established within 1,000 feet of a residence or within 500 feet of any property line without the express written consent of the adjoining property owner directly affected.

(5)

The use shall have direct access to a state highway with any access road having six inches graded, aggregate base.

(6)

This use shall conform to all state and federal laws.

(7)

All permits will expire on the one-year anniversary of the issuance unless renewed as complying with the terms of this section.

(8)

All improved and maintained entrances shall be fenced and locked during non-business hours. The property shall be adequately posted and such notice filed with the proper county authority.

(ss)

A minimum of 500 feet sight distance shall be required at the junction of access road and the state highway. Acceleration and deceleration lanes shall be required and approved by the director of public services and engineering.

(1)

Establish working hours of 7:30 a.m. to 6:00 p.m., Monday through Saturday, to reduce the nuisance produced by the operation.

(tt)

Mineral extraction/rock for production and processing of crushed stone.

(1)

Standards.

a.

All improved and maintained entrances shall be fenced and locked during non-business hours. The property shall be adequately posted and such notice filed with the proper county authority.

b.

Operators shall comply with state department of natural resources, surface mining land reclamation program rules and regulations, and the mining permit number filed with the director of the department of public services and engineering.

c.

A blasting limit of two inches per second peak particle velocity as measured from any of three mutually perpendicular directions in the ground adjacent to off-site buildings shall not be exceeded.

d.

An air blast limit of 90 decibels (linear-peak) measured at the property line of adjacent residentially used properties shall not be exceeded.

e.

Seismographic and noise instrumentation shall be required for a minimum of one blast per three-month period. The records of such instrumentation and records of all blasts (including total charge weight, charge weight per delay, charge depth, date and time, location and meteorological conditions) shall be retained by the operator for a period of not less than two years. Copies of all blast records shall be forwarded to the director of the department of public services and engineering within five days following each blast. All non-instrumental blasts shall be in compliance with the recommended scaled distance, as defined by the United States Department of Interior, Bureau of Mines Bulletin 656 entitled, "Blasting Vibrations and Their Effects on Structures."

f.

Millisecond-delay blasting shall be used to decrease the vibration level from blasting.

g.

Blasting shall coincide with the period between 8:00 a.m. and 5:30 p.m. except when on-site hazards to safety dictate otherwise.

h.

The blasting and extraction shall not be established within 500 feet of any property line.

i.

These uses shall only be established on a site of not less than 200 acres.

(tt1)

Mineral extraction/dimensional stone.

(1)

Standards.

a.

Dimensional stone extraction shall be limited to property and/or joined properties not less than 85 acres in area.

b.

Extraction activities shall be not less than 25 feet from any adjacent right of way and not less than 50 feet from interior property lines. Extraction activities may be authorized within 50 feet of an interior property line (in no case less than 25 feet) with the express written consent of adjacent property owners.

c.

Setback areas shall be adequately landscaped to achieve 75 percent opacity within two years of operation.

d.

Blasting and crushing shall be expressly prohibited.

e.

Extraction activities shall be prohibited between the hours of 6:00 p.m. and 7:30 a.m. Monday through Friday, weekends, and federal holidays.

f.

Ingress and egress points shall be limited to paved arterials and state highways, and improved subject to the requirements of Rockdale County Stormwater and Transportation Departments.