The following specific requirements apply to each of the following uses in all zoning districts where each use is permitted with limitations.

a.

Concentrated animal feeding operation.

(1)

All livestock buildings or feeding enclosures shall be set back not less than 100 feet from any property line.

(2)

Chicken broiler houses and other covered animal feeding operations are included in the definition of animal feeding operation to the extent that they must setback requirements and that their waste by-products must be disposed of in a timely and environmentally acceptable manner.

(3)

Minimum parcel size is ten acres.

(4)

There shall be at least 5,000 square feet of fenced area not covered by the principal structure for each animal unit, excluding poultry. (See definitions.) All confined animal feeding operations shall comply with the requirements of the Georgia Department of Natural Resources Environmental Protection Division and the U.S. Department of Agriculture Rules and Regulations for Water Quality (July 6, 1999) relating to animal waste disposal.

b.

Livestock sales pavilions, operated in accordance with state and county health department regulations, are required to be located at least 50 feet from any property line.

c.

Riding stable:

(1)

Lot must be at least five acres.

(2)

Structures shall be located at least 50 feet from any property line.

d.

Temporary or portable sawmill.

(1)

Shall not exceed a period of six months.

(2)

Such use must be at least 200 feet from any property line.

e.

Tenant dwellings for persons employed on land used for bona fide agricultural purposes may not be rented for any other purposes but to provide housing for persons employed by agricultural operations upon the same parcel of land; except that such dwellings that were built prior to the adoption of this Ordinance may be rented.

a.

Automobile parking lot or parking garage, commercial may include gasoline pumps if located entirely within the principal structure.

b.

Automobile repair and paint shops.

(1)

Such use shall not be permitted within 300 feet of any property used for a school, park, playground, day care home or center, nursing home, convalescent home, personal care home, or hospital; or within 300 feet of any residentially zoned property.

(2)

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

(3)

Damaged vehicles shall be stored within a storage area that meets the criteria outlined in Article 4.1.2i.

c.

Automobile and truck salvage and retail sales.

(1)

Automotive salvage operations where parts are to be retailed or wholesaled as usable replacement parts are permitted provided they are properly screened from view on all sides by a solid fence a minimum of eight feet tall.

d.

Automotive service business and automobile service station.

(1)

Auto repair shall not be permitted.

(2)

Gasoline pumps and other service facilities shall be set back not less than 15 feet from the right-of-way line.

(3)

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

(4)

No inoperable vehicles shall be stored on the site for more than 24 hours.

(5)

Such use in a P-D District shall not be constructed until the primary structure has been constructed.

e.

Automobile, boat, truck and trailer sales, lease and rentals. All parking areas shall be clearly marked, and no unit shall be parked within the setback areas of the district.

f.

Automobile wash service. A paved area shall be located on the same lot for the storage of vehicles awaiting service equal to one-third of the practical hourly capacity of the wash machines.

g.

Automobile wrecking or junkyards.

(1)

Such use shall be enclosed by a fence or wall not less than eight feet in height that provides total visual screening. Such screening shall be maintained in good condition and meet the standards established for buffers in Article 6.

(2)

The storage of vehicles shall be on an all-weather treatment, such as asphalt, concrete or gravel. Vehicles shall be arranged in rows and not stacked upon one another.

(3)

No such activity may be conducted within 100 feet of any property line or 200 feet of any property zoned or used for residential purposes. The incidental sale of auto parts removed from cars on the site shall be permitted.

h.

Retail automobile parts and tire store.

(1)

Unless elsewhere permitted within the district, there shall be no dismantling of vehicles on the premises to obtain auto parts.

(2)

Unless elsewhere permitted within the district, the only auto part installation that shall be permitted in connection with this use shall be the installing of tires and the installation of minor maintenance or accessory parts.

(3)

Unless elsewhere permitted within the district, major auto repair shall not be permitted in connection with this use.

i.

Storage yards for damaged or confiscated automobiles.

(1)

This use shall be enclosed by a fence or wall at least eight feet in height that provides total visual screening. Such screening shall be maintained in good condition and meet the buffer standards of Article 6 "Site Design Standards."

(2)

The storage of vehicles shall be on an all-weather treatment such as asphalt, concrete or gravel. Vehicles shall be arranged in rows and not stacked upon one another.

(3)

No such activity may be conducted within 100 feet of any property line or 200 feet of any property zoned or used for residential purposes. The incidental sale of auto parts removed from cars on the site shall be permitted.

(4)

No dismantling, repair, or other such activity shall be conducted unless otherwise permitted in the district.

(5)

No automobiles shall be held longer than the expiration of its current registration period.

a.

When abutting a residentially zoned district, any building or structure shall be set back not less than 50 feet from any side or rear property line.

b.

No parking area shall be established within 20 feet of a residential zone.

c.

For new construction on an undeveloped lot, the site must be at least one acre in size and have frontage on a public street of at least 100 feet.

¹ Setbacks for communications, radio and TV towers located in the County shall be established through a separate comprehensive ordinance of the County and not in the ULDC.

a.

The lot shall have access on an arterial or major collector.

b.

There shall not be less than 30 square feet of indoor play area for each child at maximum enrollment, and not less than 100 square feet per child of outdoor pay area, for the maximum number of children that will use the play area at any given time, but in no case less than one-third of the maximum enrollment.

c.

A fence not less than four feet in height shall enclose the outdoor play area.

d.

A circular drive shall be provided for off-street loading and unloading.

e.

In P-D and C-B-C Districts the use shall be permitted only as accessory use to a primary use.

a.

Dry cleaning plants using systems that make use of solvents rated at above 40 according to the Underwriters' Laboratories, Inc. standard of classification known as class I systems, shall be prohibited.

b.

Dry cleaning plants that make use of solvents rated at more than five but less than 40 according to the Underwriters' Laboratories, Inc. standard of classification, known as class II and III systems, shall not be established in buildings with other occupancy. They shall only be established in buildings that are set back at least 20 feet from any side or rear property line and another building.

c.

The applicant for such a plant shall certify in writing at the time of application that all the above conditions shall be met. Such dry cleaning plant shall comply with all of the requirements of the Life Safety Code NFPA No. 101.

d.

Such plant shall be designed to operate in a manner that will not emit noise, smoke, odor, or objectionable waste materials.

a.

Bed and Breakfast Inn.

(1)

Permitted only in federally designated National Historic Register districts and the A-R District as a Special Use.

(2)

Bed and Breakfast Inns are permitted to offer from one to ten units.

(3)

Parking requirements are stated in Article 6—Subdivision and Project Standards.

(4)

Signs shall meet the sign standards of the district wherein the facility is located.

b.

Fraternity and sorority houses and residence halls.

(1)

The use must be located within 1,000 feet of an accredited institution of higher education.

(2)

In computing area required to determine dwelling unit densities, each six beds or fraction thereof shall be considered as one dwelling unit.

a.

Purpose. These regulations are being promulgated to project the health, safety and general welfare of the citizens of the County. The County recognizes that manufactured housing meets the needs of many county residents for affordable housing.

b.

General standards.

(1)

No mobile home shall be brought into the County after the effective date of this Development Code [August 1, 2001].

(2)

Zoning requirements:

(a)

A-R District: Manufactured and mobile homes are permitted with limitations within unincorporated Floyd County and only by Special Use Permit inside the City of Rome.

(b)

S-R or P-D Residential Districts: Manufactured homes on individual lots are permitted only by special use permit within those portions of the county consisting of a land development project in which two or more lots are created, along with streets and utilities needed to support construction of buildings on the lots. In other portions of the county in said Residential Districts, manufactured homes are permitted with limitations. Manufactured homes on individual lots in the city are allowed only by special use permit. Manufactured home subdivisions are permitted with limitations.

(c)

HT-R and LT-R Residential District: Manufactured homes on individual lots are not permitted.

(d)

D-R Residential District: Manufactured homes on individual lots are excluded from the Duplex District. Manufactured home subdivisions are excluded from this zone.

(e)

M-R Multifamily Residential District: Duplex manufactured homes are permitted. Manufactured home parks are permitted with limitations.

(f)

Manufactured and mobile homes are prohibited from any historic district.

(3)

Mobile home inspection. No mobile home shall relocate from a site within the county without the following inspection. The cost of such inspection shall be the responsibility of the mobile home owner.

(a)

Structural inspection by the Building Official to assure integrity of outside structural items such as windows, doors, and siding.

(b)

HVAC inspection conducted by The Building Inspection Department:

1)

Gas piping systems shall stand a pressure of six (6) inches mercury or three (3) PSI gauge for a period of not less than ten minutes without showing any drop in pressure.

2)

When appliances are connected to the gas piping system, the entire system shall be pressurized to not less than ten (10) inches nor more than fourteen (14) inches water column and the appliance connections tested for leakage with soapy water or bubble solution.

(c)

Electrical inspection shall be conducted by the Building Inspection and shall meet the requirements of the latest edition of the National Electrical Code.

(d)

Smoke detectors shall be installed and operational using the mobile home's internal electrical wiring. At the minimum, a detector shall be located in the hallway(s) leading to the sleeping area(s). Detectors shall be Underwriter's Laboratories approved and installed in accordance with the manufacturer's instructions.

(4)

An annual location decal is required and shall be filed by the owner of a manufactured or mobile home located in the county. The filing is at the office of the tax commissioner. Homes having filed for a homestead exemption in the property tax assessor's office are excluded from such requirement.

(5)

Permanent additions may be built onto any manufactured home or mobile home provided such addition or modification meets the requirements of the building code and the procedures outlined for developing a manufactured home park as applicable.

(6)

Manufactured or mobile homes placed after the date of this article shall be required to have the following improvements at the manufactured or mobile home stand per the Manufactured Home Division of the Safety Fire Commissioner of the State of Georgia:

(a)

Tiedowns: Each manufactured or mobile home shall be secured to ground anchors or other devices securing the stability of the manufactured or mobile home as outlined in the building code.

(b)

Foundations: Foundations shall be installed in accordance with the standards set forth in the Georgia Installation Code for Manufactured Homes.

(c)

Steps: Steps are required to be placed within 45 days of installation for all doors into the manufactured home and shall be at least 36 inches in width. If more than three steps are required, the steps shall be equipped with a hand railing. The improvements shall comply with the provisions of the building code.

(d)

Any manufactured or mobile home located within the county shall be skirted within 45 days of installation.

(e)

Any manufactured or mobile home located within the City must be placed on a masonry foundation or masonry piers with masonry curtain wall within 45 days of its installation.

(7)

Any manufactured or mobile home that is damaged by fire, flood, explosion, wind or other catastrophe in any amount equal to or greater than 60 percent of its replacement value shall be removed and disposed of or repaired by the owner within 90 days after damage occurred unless a variance has been granted.

(8)

Nonconforming manufactured or mobile home sites, parks or subdivisions lawfully existing at the time of adoption of this regulation may be continued; but if such nonconforming use is discontinued for a period of 12 months, the manufactured or mobile home site, park or subdivision shall be made to conform with the requirements of these regulations.

c.

Exceptions: An exception to the provisions of this article may be granted based on medical hardship by authorized staff of the Planning Commission. An application for exception shall contain an affidavit of a physician showing at present lodging facilities are inadequate and that a hardship condition exists requiring the use of a manufactured home for the health care of a dependent of the occupant of the premises. The application shall attach a separate statement by the applicant that he/she recognizes the exception, if granted, is to last only as long as the health condition exists.

An exception may also be granted in an area that has been officially declared a disaster area by federal, state, or local government. In such a case, an application for exception shall include a statement by the applicant that he/she is the owner of the premises; and that he/she recognizes the exception is temporary and shall last only until permanent housing can be repaired or replaced; no more than 180 days which period can be extended one time for 180 more days by Planning Department staff.

In either case:

(1)

Any change in the status of the occupant(s) justifying the granting of an exception, shall be reported to the City of Rome/Floyd County Building Inspection and/or Planning Office within 30 days.

(2)

The applicant shall also state that he/she shall cause the removal of manufactured home on the termination of the exception and that upon failure to do so irrevocably grants the Governing Body the right to use equipment to remove the manufactured home from the premises at the applicant's expense.

(3)

A manufactured home placed in this manner is not to be used as a rental property. It must be removed at the expense of the property owner, once the special medical or other need for which a variance was granted no longer exists.

d.

Manufactured and mobile homes on individual lots.

(1)

Manufactured and mobile homes situated on individual lots in the unincorporated county shall be required to meet the same location standards as other single-family units located within the same zoning district.

(2)

Health Department approval will be required for every manufactured home and/or mobile home on a lot not connected to public sewer systems. Lot size shall be approved by the Health Department using appropriate percolation and/or soil test data. No septic tanks shall be allowed if public sewerage is available. All dwellings shall connect to the public sewer when such sewer is within 300 feet of the property being subdivided.

(3)

All lots shall comply with the Flood Damage Prevention provisions of this Development Code. Each lot shall have thereon a viable homesite above the 100-year floodplain.

(4)

Any manufactured home or mobile home placed on an individual lot within the city shall be compatible with single-family dwellings on surrounding lots for a distance of 100 feet or one block in any direction in terms of roof pitch, exterior wall treatment, and orientation relative to the street frontage.

e.

Where private sewerage disposal systems are to be placed in front yard areas, setbacks shall be established by the Floyd County Health Department but shall not be less than 40 feet.

f.

Manufactured home subdivisions.

(1)

Manufactured home subdivisions shall be required to meet all the development standards of this Code.

(2)

Manufactured and mobile homes situated on individual lots shall be required to meet the same standards for location as single-family dwelling units. Prior to the placement of the manufactured or mobile home on the lot, the owner shall submit a plot plan or an affidavit signed by the owner to the building inspection department that indicates the site complies with the provisions of this ordinance concerning the placement of such homes.

(3)

Any manufactured or mobile home placed on an individual lot in a manufactured home subdivision within the city shall be compatible with single-family dwellings on surrounding lots for a distance of 100 feet or one block in any direction in terms of roof pitch, exterior wall treatment, and orientation relative to the street frontage.

g.

Manufactured home parks:

(1)

Approval of manufactured home parks: Procedures for developing a manufactured home park shall follow the same standards as specified for site plan approval outlined in Article 2. This Article relates to application submissions, approval processes, erosion and sediment control, design issues, grading, flood area management, etc.

(2)

Site standards for manufactured home parks:

(a)

Any park of ten units or more must be located on a road classified as an arterial as specified in the county road maintenance register or otherwise be on a state highway. Said park shall have a minimum street frontage of 300 feet. Parks with less than ten units shall be located on a major collector or higher functional street classification and have a minimum road frontage of 150 feet.

(b)

Manufactured home parks shall front on a publicly maintained street.

(c)

Manufactured home parks shall be served by a public water and sanitary sewer source. Any extension of public water lines shall be constructed in accordance with standards established by this Development Code for single-family dwellings. All water mains shall be at least six inches in diameter. Fire hydrants shall be readily accessible for fire department use. Hydrants shall be located so that each home or building in the park is within 500 feet of a hydrant.

(d)

All manufactured home parks shall be served by a garbage collection system. Collection facilities may be provided for the entire community or at individual lots within each manufactured home park. The design for these facilities must be approved at the time of development plan approval.

(e)

Each manufactured home shall be located on a lot having an area of 5,000 square feet and minimum building line width of 40 feet.

(f)

Manufactured homes shall be separated from each other and from other buildings and structures by at least sixteen (16) feet. Porches and decks without opaque tops or roofs shall be excluded from this requirement.

(g)

One accessory storage building is allowed on an individual lot. The maximum size shall not exceed 120 square feet.

(h)

All structures shall be set back from any exterior property line of the manufactured home park by 40 feet.

(i)

One or more recreation areas shall be provided within those manufactured home parks having ten or more units. Such recreation area shall constitute a minimum of five percent of the space designated for residential lots. All such recreation areas shall be so designated on the development for the park and shall not be converted to use as a manufactured home lot. Recreation areas shall be so located as to be free of traffic and safety hazards. At least 50 percent of the recreational open space land shall be of a character suitable for active recreation, such as playgrounds or ball fields.

(j)

All interior roadways are to be surfaced with a material such as asphalt, chert, gravel, etc., to a width of 12 feet for one-way streets or to a width of 18 feet for two-way streets and maintained by the manufactured home park owner.

(k)

Areas not surfaced or built over shall be planted in grass or other suitable vegetative cover.

(l)

Adequate security lighting shall be provided for the manufactured home park.

(m)

The location of electrical cables, gas piping, water piping, and sewer lines buried underground shall be indicated by an above ground sign(s) or underground marker tapes identifying the proximity of the lines. A plot plan showing the as-built location of underground utility lines shall be provided to the Building Inspector.

a.

In all residential districts, a personal care home of more than two persons (family, group or congregate) shall be at least 1,500 feet from any other personal care home of any type.

b.

In all residential districts, the square footage of an existing dwelling shall not be enlarged by more than 25 percent of the existing to facilitate use of the structure as a personal care home. Exterior modification of an existing dwelling and provision of required parking shall be consistent with the residential character of the surrounding neighborhood; i.e., in design, scale, and number of vehicles allowed.

c.

New construction in a residential neighborhood shall be consistent with the residential character and scale of the surrounding neighborhood.

d.

Personal care homes of all types shall maintain all applicable federal and/or state license and/or permits.

a.

No commodities may be sold other than photographs of customers made by the studio and items accessory to and sold in conjunction with those photographs.

b.

On-site film processing and printing is solely for the studio's use.

c.

No custom framing or other non-photography work may be performed as part of the business.

a.

Quarrying and mining includes removal, extraction and/or processing of any dirt, sand, soil, clay, rock, gravel, minerals, gas, oil or other fuels for sale or removal from the property in its extracted form, finished form or as a component of another product. Borrow pits are permitted where less than one and one-tenth acres of land will be disturbed.

b.

Prior to initiation of mining activities an application for a Special Use Permit must be submitted to the Planning Commission. Such application must provide:

(1)

Written stipulations that the activity will not have any harmful impacts on the environment (air, water, natural landscape), neighboring residents and businesses, or to livestock.

(2)

A specific site plan and time schedule for completion of mining operations.

(3)

Information as to how the operation will be buffered and methods to assure that no harmful off-site impacts will occur.

(4)

A transportation plan detailing routes to be used by vehicles serving the site, weight limits and traffic volumes.

(5)

Information on hours of operation and procedures (on and off-site) related to any on-site blasting that might occur.

(6)

Adequate financial bonding for damages (to be determined by the governing body).

c.

The removal area shall be completely enclosed with a fence not less than six feet in height.

d.

An earthen berm shall be provided that shields all operations from ground level view along all property lines.

e.

Drainage plans and a plan for the development of the site when the removal is completed shall be submitted with the application for a development permit.

f.

This section shall not prohibit the removal of earth and rock and filling and grading in any district done for land development purposes, upon issuance of a development permit in accordance with this Development Code.

g.

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

(1)

Special Outdoor Entertainment, Concert or Event of Community Interest.

(a)

Such activities shall not exceed 14 days and may not occur more often than twice in any calendar year.

(b)

Adequate parking and traffic maneuvering space must be located on the same property as the special event.

(c)

Such activities shall not be conducted within 100 feet from any property line.

(d)

No programs involving music or amplified sound may be presented within 200 feet of any residential zoning district or residence.

(e)

Central loudspeakers shall be prohibited.

(f)

Lighting shall be established so that adjacent properties and roadways are not adversely affected and shall be in accordance with Article 6 - "Site Design Standards."

(2)

Carnival, Rodeo, Horse Show, Community Fairs, Fairgrounds and Amusement Parks.

In addition to the requirements set forth in the section above, the following additional requirements shall apply:

(a)

These uses shall not be permitted within 500 feet of the property line of an adjacent residence.

(b)

Facilities shall be enclosed by a wall or fence not less than 5 feet in height.

(3)

Outdoor Special Events Venues.

In addition to the requirements set forth in the section above, the following additional requirements shall apply:

(a)

Site plans shall be approved by the Planning Commission to ensure compatibility of the facility with the neighborhood in which it is to be located.

(b)

Outdoor activity shall cease by 11:00 p.m.

(4)

Golf Courses and Club Houses, Private Neighborhood Recreation Centers or Swimming Pools, Noncommercial Club or Lodge, Planetarium, Aquarium, Botanical Gardens, and Other Natural Exhibitions.

(a)

Any building or structure shall be set back 100 feet from any property line except where such property line is a street line. In such cases, the front yard setback established for the district shall apply. When a property line is on a natural waterway, a property line set back shall not be required.

(b)

Site plans shall be approved by the Planning Commission to ensure compatibility of the facility with the neighborhood in which it is to be located.

(c)

A fence having a height of not less than 6 feet shall enclose a swimming pool. Swimming pools shall be permitted only upon written approval of the health department to indicate compliance with health department swimming pool regulations.

(d)

Outdoor activity shall cease by 11:00 p.m.

(e)

No fraternal club or lodge may be permitted in a residentially zoned district.

(5)

Wedding Chapels and Indoor Special Event Venues.

(a)

Any building or structure must comply with the same front, side, and rear setbacks as required in each zoning district. When a property line is on a natural waterway, a property line set back shall not be required.

(b)

Adequate parking as per Section 6.8 and traffic maneuvering space must be located on the same property as the special event.

(c)

Site plans shall be approved by the Planning Commission to ensure compatibility of the facility with the neighborhood in which it is to be located.

(d)

Programs involving music or amplified sound must be presented indoors.

b.

Golf Courses and Club Houses, Private Neighborhood Recreation Centers or Swimming Pools, Noncommercial Club or Lodge, Planetarium, aquarium, botanical gardens, and other natural exhibitions.

(1)

In addition to the requirements set forth in the section above, the following additional requirements shall apply:

(a)

Any building or structure shall be set back 100 feet from any property line except where such property line is a street line. In such case, the front yard setback established for the district shall apply. When a property line is on a natural waterway, a property line setback shall not be required.

(b)

Site plans shall be approved by the Planning Commission to ensure compatibility of the facility with the neighborhood in which it is to be located.

(c)

A fence having a height of not less than six feet shall enclose a swimming pool. Swimming pools shall be permitted only upon written approval of the health department to indicate compliance with health department swimming pool regulations.

(d)

Outdoor activity shall cease by 11:00 p.m.

(e)

No fraternal club or lodge may be permitted in a residentially zoned district.

(Ord. No. 2015-04-05, § II, 4-27-15)

a.

All activities shall be conducted within a building or fenced area, involving no outdoor storage of materials, equipment, or items being repaired, unless elsewhere permitted in the district.

b.

Any outside storage shall be confined to the rear of the property and shall be visually screened in accordance with the buffer standards in Article 6—"Site Design Standards."

c.

Such activity shall not generate noise, odors, or fumes that can be detected beyond the walls of the building in which the use is housed.

a.

The directors of the county health and water and sewer departments and the Environmental Protection Division of the Georgia Department of Natural Resources shall approve the design and operation of such facility.

b.

Any building or structure comprising the facility shall be set back 100 feet from any property line.

a.

The temporary sales office shall be located on a lot within an area that has received Final Plat approval and has been recorded with the Clerk to the Superior Court.

b.

Sales shall be limited to the lots and buildings within the subdivision where the temporary sales office is located.

c.

The temporary sales office may not be a portable building that is transferred to the site as a unit.

d.

The temporary sales office shall cease to exist within 30 days after Certificates of Occupancy have been issued on 80 percent of the lots in the subdivision.

a.

Number of dwelling units per building: At least two but no more than 24.

b.

Each unit must have a distinctive feature that distinguishes it from an adjacent unit (i.e. color, height, façade stagger, etc.). Distinctive features may repeat.

c.

Minimum lot width: The width for the units in a single building shall be no less than 12 feet wide.

d.

Minimum building separation: 10 feet.

(Ord. No. 2021-6-4, § VI, 6-28-21)

a.

All structures shall be located and activities conducted at least 100 feet from any property zoned or used for residential purposes.

b.

No animals shall be housed or caged outside the principal building in an O-I or a C-C District.

c.

Noncommercial kennels (facilities accommodating three or more animals) on residentially zoned property shall be located on a site of not less than one acre.

a.

Petroleum bulk stations. Any structures or buildings shall be at least 200 feet from any property line.

b.

Unless otherwise permitted within the district:

(1)

No outdoor storage of goods.

(2)

No fabrication of goods.

(3)

No processing of goods handled in a manner that produces liquid or solid waste or noise, odor, fumes, or dust which can be detected beyond the walls of the building in which such wholesaling activity is housed.

Single-Family Attached Dwelling in which each dwelling unit is to be located on a separate lot must comply with the following minimum requirements:

a.

Each housing unit must comply with all current requirements of the Building Codes as adopted by the Governing Body and, if applicable, the Georgia Industrialized Building Act for single family dwellings.

b.

Housing units must be served by public water and sewerage.

c.

Housing units, including Type V construction, must be separated by a common party wall. The common party wall must be a parapet wall and meet the standards adopted by the Governing Body and, if applicable, the Georgia Industrialized Building Act.

d.

Number of dwelling units per building: Two units.

e.

Minimum road frontage: 40 feet.

f.

Minimum lot width: 40 feet.

g.

Minimum lot area: Minimum area per lot will be 4,250 square feet.

h.

Minimum front and rear yard setbacks shall be those required for principle structures in the zoning district. Minimum side yard setbacks shall be those required for principle structures in the zoning district or shall be zero feet on the side where two units join.

a.

Only one accessory dwelling unit shall be permitted per lot.

b.

An accessory dwelling unit shall preserve the character of the single-family pattern of development of the neighborhood and remain visually subordinate to the principal residential building.

c.

The floor area shall not exceed 50 percent of the floor area of the principal building.

d.

One off-street parking space on the same lot shall be provided for the accessory dwelling unit.

(Ord. No. 2021-6-4, § IV, 6-28-21)

(a)

All units shall be accessed from the interior of the building.

(b)

No outdoor storage shall be permitted.

(Ord. No. 01-7-2, § I, 7-16-01; Ord. No. 03-7-11, § I, 7-21-03; Ord. No. 04-3-7, § I, 3-1-04; Ord. No. 04-6-4, § VII, 6-7-04; Ord. No. 05-6-9, § III, 6-20-05; Ord. No. 06-3-5, § I, 3-20-06; Ord. No. 06-6-2, § II, 6-5-06; Ord. No. 07-1-5, § I, 1-2-07; Ord. No. 2007-2-10, §§ III-V, 2-19-07; Ord. No. 2007-2-11, § VII, 2-19-07; Ord. No. 2011-2-5, § I, 2-7-11; Ord. No. 2011-8-2, § I, 8-2-11; Ord. No. 2012-10-3, § II, 10-22-12; Ord. No. 2013-2-3, § I, 2-25-13)

1)

Mobile Food Vehicle Parks are permitted within both the C-C Community Commercial and H-C Heavy Commercial Districts with a Special Use Permit.

2)

Mobile food vehicle parks shall be subject to all guidelines and restrictions set by the Unified Land Development Code, including, but not limited to, landscaping, buffers, storm water management, provision of paved parking on site, and lighting.

3)

At least three parking spaces per mobile food vehicle shall be provided on-site. Drive aisles shall be designed and constructed in such a way that all mobile food vehicles and seating areas can be accessed by emergency vehicles.

4)

Mobile food vehicle park operators are responsible for all lessee operations and ordinance compliance and are held responsible for all infractions. A mobile food vehicle park operator must be present at all times during operation.

5)

No special events, including but not limited to, concerts, farmers markets, flea markets, or meetings/gatherings of any sort shall be held within a mobile food vehicle park.

6)

Electrical hook-ups must be provided for each mobile food vehicle, generators shall not be allowed unless such generators operate at less than 80 decibels as measured ten feet away; and at least one accessible water tap shall be provided.

7)

Permanent restroom facilities that comply with health department standards and accessibility standards as set forth in the Americans with Disabilities Act, as amended, shall be provided on-site.

8)

Mobile food vehicle park operators shall be responsible for properly disposing of refuse, trash, and litter generated by operation of the mobile food vehicle park, as would any business; and shall not place it in any public trash container, or in any private container without proper permission.

(Ord. No. 2015-06-01, § II, 6-8-15)

a.

Purpose and Intent. It is the purpose of these regulations to allow development of clustered dwelling units as a means to increase the stock of affordable housing. It is intended to permit multiple single-family dwelling units where services and utilities exist to accommodate higher densities.

b.

General Standards.

1)

Clustered developments shall include single-family dwelling units on a single lot. Dwelling units shall be site-built or modular homes that meet state and/or local standards and codes.

2)

Attached and detached dwelling units shall be set back no less than ten (10) feet from each other, measured from their nearest edge.

3)

Required parking spaces shall be accessible from a public street or road or a driveway that meets the standards of Section 6.10.

c.

Variances and Special Exceptions. Notwithstanding the provisions of Article 2.11, variances, special exceptions, or appeals from any of the requirements, standards, and conditions of this article must be approved by the Planning Commission.

(Ord. No. 2016-12-03, § V, 12-19-16; Ord. No. 2021-6-4, § V, 6-28-21)

The following standards shall apply to all recreational vehicle parks and campgrounds:

a.

Zoning Requirements. Recreational vehicle parks and campgrounds are permitted within the A-R Agricultural Residential, S-R Suburban Residential, M-R Multifamily Residential, C-C Community Commercial and H-C Heavy Commercial Districts with a Special Use Permit.

b.

Customary Accessory Uses. Customary accessory uses for recreational vehicle parks and campgrounds may include:

(1)

Office and dwelling for park manager or night watchperson;

(2)

Community sanitary facilities;

(3)

Community laundry facilities;

(4)

Recreational areas;

(5)

Small scale (3,000 square feet or less) commercial uses supplying essential goods and services for the exclusive use of park patrons.

c.

General Standards.

(1)

All proposed and required water sources and sanitary facilities serving recreational vehicle parks and campgrounds shall conform to the requirements of the Georgia Department of Public Health "Rules and Regulations, Tourist Accommodation, Chapter 511-6-2" as appropriate and shall follow all applicable state and/or local guidelines and standards.

(2)

Conventional, industrialized and manufactured houses are prohibited on all recreational vehicle parks and campgrounds.

(3)

Camping shall be restricted to no more than 60 days in a calendar year.

(4)

With the exception of driveways, parking areas, and campsites all grounds shall be maintained with grass, trees and/or shrubs to enhance the appearance of the park and to prevent soil erosion or the creation of dust during dry weather. A landscaped buffer shall be required along a side or rear lot line that abuts 1- or 2-family residential zoning districts. Buffer design standards and requirements shall meet the requirements of Article 6, Section 6.16 of this Code.

(5)

Parks designed to accommodate 15 or more campsites shall provide one or more outdoor recreation areas.

(6)

All interior roadways are to be surfaced with a material such as asphalt, chert, gravel, etc., to a width of 12 feet for one-way streets or to a width of 18 feet for two-way streets and maintained by the recreational vehicle park owner.

d.

Recreational Vehicle and Campground Standards.

(1)

Each campsite within the park shall have lot lines that are clearly delineated and shall have a minimum area of not less than 1,500 square feet.

(2)

The facility shall be designed to accommodate 20 feet, edge-to-edge, of separation between campsites and shall be located no less than 30 feet from any exterior property line.

(3)

Each campsite with individual parking shall contain at least one reinforced surface parking space incorporated into the site itself and shall be level from side to side with sufficient crown to provide adequate drainage.

(4)

Each campsite shall have access to a minimum of one electrical outlet, and one water tap.

(Ord. No. 2016-12-04, § II, 12-19-16)

Sexually oriented businesses located in the City of Rome shall comply with all requirements for such establishments in chapter 11, article XIV of the Code of the City of Rome, Georgia.

(Ord. No. 2019-5-4, § III, 5-20-19)

Editor's note— Ord. No. 2019-5-4, § III, adopted May 20, 2019, added provisions to the Code designated as app. B, § 4.1.20. Since app. B, § 4.1.20 already exists, said provisions have been redesignated, at the discretion of the editor, as app. B, § 4.1.34, as set out herein.

The following specific requirements apply to each of the following accessory uses or structures in all zoning districts where each use is otherwise permitted.

a.

Accessory buildings and structures having a floor area of 144 square feet or less must be at least five feet from any property line.

b.

Accessory buildings having a floor area greater than 144 square feet must comply with the same front, side and rear yard setbacks as required for principal buildings in each zoning district; except that in single-family and duplex residential districts (H-TR, L-TR, NOC, S-R and D-R), accessory buildings must be at least 5 feet from any side or rear property line; unless specific setbacks are provided under Article 4.

a.

No accessory use or structure shall be allowed on any lot except in relation to an existing principal use on the lot to which it is accessory.

b.

Accessory structures shall not be permitted in a required front or side setback, except wherein specifically provided below. In a residential district, no accessory structure shall be located closer to an adjacent street right-of-way line than the principal building.

c.

Reserved.

d.

No accessory building shall be constructed until construction of the principal building has commenced or the principal use has been established.

e.

On a corner lot in a residential district, no accessory building shall be located closer to either street right-of-way than the principal building.

f.

Canopies shall conform to the minimum building setback requirements for principal buildings in each zoning district.

g.

When an accessory building is attached to the principal building by breezeway, passageway, or similar means, it shall comply with the yard requirements of the principal building to which it is an accessory use.

h.

No nonresidential accessory building shall be used by other than employees of the owner, lessee, or tenant of the premises.

(Ord. No. 2021-6-4, § II, 6-28-21)

Customary home occupations and associated uses, including hobbies and retirement avocations, require a Special Use Permit only if within a residence or an additional structure is required on the property. Any customary accessory residential use is allowed that does not conflict with the general appearance of a residential community, with specific restrictions as follows:

a.

Private garage not to exceed the following storage capacities; one or two-family dwelling, four automobiles; multi-family dwelling, two automobiles per dwelling unit; group dwelling, 1½ automobiles per sleeping room.

b.

Outdoor parking area for motor vehicles, provided that such space does not exceed the maximum respective storage capacities listed in (1)[a.] above; and provided that such space shall not be used for more than one commercial vehicle per family residing on the premises.

c.

Detached Home Office and/or Studio for exclusive use by the residence owner or immediate family members as occupants of the residence, provided such space is incorporated within a detached garage, guest quarters, or storage facility and can meet all rear and side setback requirements.

d.

Shed or tool room for the storage of equipment used in grounds or building maintenance.

e.

Children's playhouse and play equipment.

f.

Non-commercial greenhouse.

g.

Quarters for the keeping of pets owned by occupants for non-commercial purposes provided that such use does not generate a nuisance to adjoining properties.

h.

Private recreational facility, such as a swimming pool and bathhouse or cabana, tennis court, deck or patio. These uses shall conform to the minimum setback requirements for principal buildings in each zoning district. Swimming pools shall be permitted only upon written approval of the health department to indicate compliance with applicable health department regulations. Pools must be enclosed by a six-foot fence or wall with a locking gate.

i.

Accessory uses in an apartment development may include laundry facilities for the convenience of residents which are housed in a primary use structure.

j.

Structures designed and used for purposes of shelter in the event of man-made or natural catastrophes.

k.

Reserved.

l.

Residential Home Office.

(1)

Permitted Activities. A residential home office shall be limited to the personal conduct of a business within one's place of residence. There shall be no exterior indication that the business activity is taking place, including signage. This provision is intended to allow work to be conducted at home by individuals employed by an offsite employer.

These provisions do not apply to dwellings that are located on properties where agricultural activities are the principal use.

(2)

Limitations on Size and Location.

(a)

Not more than 25 percent, not to exceed 300 square feet of the gross floor area of the dwelling unit shall be used for all of the activities devoted to the home office.

(b)

The use shall be carried on wholly within the principal building. The attachment of an accessory building by a breezeway, roof, or similar structure shall not be deemed as sufficient for the accessory building to be considered as a portion of the primary building.

(c)

There shall be no activity or display associated with the home office outside of any building or structure.

(d)

There shall be no alteration of the residential character of the building or premises.

(3)

Activity Controls.

(a)

Sales. There shall be no exchange of merchandise of any kind on the premises.

(b)

Transfer of goods. There shall be no goods, products or commodities received on the premises.

(c)

Personal services. There shall be no activities on the premises that are associated with personal service occupations such as a barber shop, beauty shop, hairdresser or similar activities.

(d)

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

(e)

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

(4)

Parking.

(a)

There shall be no parking spaces provided or designated specifically for the home office other than as is required for the residence.

(b)

No equipment or business vehicles may be stored or parked on the premises except that one business vehicle (the carrying capacity of which shall not exceed 1 ½ tons) used exclusively by the resident may be parked in a carport, garage, or rear or side yard.

(5)

Signs. Signage shall comply with the sign standards for residential districts contained in Article 5—"Sign Regulations."

m.

Residential Business. Residential businesses shall meet the requirements of "home office" above with the following additional exceptions:

(1)

Permitted Activities.

(a)

Approved activities may be engaged in by persons who reside on the premises of the residential business and who are appropriately qualified and licensed, including business licenses where required:

1)

Artistic. This group shall include activities such as teaching, creation and production by professional artists, sculptors, craftspeople (craft-makers), musicians, writers and others who produce work on the premises for individual purchases, as differentiated from mass production or manufacturing.

2)

Business. This includes commercial trade activities such as those conducted by a manufacturer's representative or telephone salesperson, but not involving the delivery of goods or services directly to customers on the premises.

(2)

Limitations on Size and Location.

(a)

Not more than 25 percent of the gross floor area of the dwelling unit shall be used for all of the activities devoted to the residential business.

(b)

Accessory buildings and structures may be used for the residential business, but in no case shall the total area of the accessory structure devoted to such use be greater than 500 square feet.

(c)

If parts of the dwelling unit and an accessory structure are devoted to a residential business, no more than 1,000 square feet of combined gross floor area shall be used for such activity, including no more than 30 percent of the gross floor area of the dwelling unit.

(3)

Activity Controls. There shall be no exchange of merchandise of any kind on the premises except for those products produced on the premises as a direct result of the residential business.

(4)

Personal Services. There shall be no activities on the premises that are associated with personal service occupations such as a barber shop, beauty shop, hairdresser or similar activities unless specifically permitted as part of the Special Use approval.

(5)

Outsiders and nonresidents on the premises. There shall not be more than two (2) nonresident persons on the premises at the same time in conjunction with the residential business whether they are students, clients, or customers.

(6)

Hours of Operation. The Residential Business shall not be operated between the hours of 7:00 p.m. and 7:00 a.m. each day except Sunday. On Sunday, the Residential Business shall not be open before 1:00 p.m. or after 7:00 p.m.

(7)

Parking.

(a)

One off-street paved parking space for each 150 square feet of floor area devoted to the home occupation shall be provided in addition to the required parking for the residential use of the building.

n.

Personal Horse Stable. A personal horse stable may be permitted as an accessory use to a residence provided that at least one acre of lot area is provided for each horse stabled on the property.

o.

Keeping chickens within the City Limits of Rome. The following is a list of possible conditions that may be attached to a Special Use Permit to allow the keeping of a small number of domesticated female chickens (hens) on a noncommercial basis as an accessory use to a single-family dwelling:

(1)

Chickens shall not be kept on a lot of record that is less than 30,000 square feet.

(2)

Chickens will be kept in a manner consistent with good animal husbandry practices and in compliance with all applicable federal, state, and local laws and ordinances.

(3)

No more than four female chickens as pets or for egg production may be kept. No roosters may be kept.

(4)

No other types of fowl, including but not limited to ducks, geese, turkeys, quail, pigeons, guinea fowl, or peafowl may be kept. There is no restriction on chicken species.

(5)

No butchering of chickens may be done. No eggs, meat, fertilizer, or live chickens may be sold, or provided for use by anyone other than the residents of the property where the chickens are kept.

(6)

Chickens shall be provided with adequate food and water at all times.

(7)

Chickens must be kept on the lot of record where the primary use (dwelling) is located.

(8)

Chickens shall be housed within a coop or henhouse. The coop or henhouse shall meet the following criteria:

(a)

The coop or henhouse shall be located in a side or rear yard as defined in Article 8. In no case shall a coop or henhouse be located in a front yard as defined in Article 8.

(b)

The coop or henhouse shall be constructed of uniform material designed to be used in the outdoors, and not of scrap lumber, sheet metal, interior grade paneling or plywood, or similar materials. The structure shall have a solid roof and be enclosed on all sides. The door providing access shall be able to be shut and locked at night.

(c)

The structure shall provide four square feet of floor space for each chicken and shall not exceed seven feet in height.

(d)

The coop or henhouse shall be secured against predators such as rodents, reptiles, dogs, cats, and wild birds; shall provide shelter from sun, precipitation, and wind; and shall provide adequate ventilation.

(e)

The coop or henhouse shall be located no near than 30 feet to a property line.

(f)

A building permit is required for the construction of a coop or henhouse.

(9)

Chickens may be allowed outside of the coop in a securely fenced pen and with supervision.

(10)

At all times, keeping of chickens shall be conducted in a manner that ensures adjacent properties and neighborhoods are not adversely impacted.

(a)

In no case shall chickens be allowed to leave the property where they are kept.

(b)

Coops or henhouses and pens shall be maintained in good condition, shall effectively confine the chickens, and shall be secured against all predators.

(c)

Chicken feed shall be kept in a closed container so wild birds, insects, and other animals are not attracted to the property.

(d)

Manure and food waste shall be cleaned from coops or henhouses and pens on a regular basis, stored in a covered container, and properly disposed of or composted and used as fertilizer.

(e)

Odors from chickens, manure, or other substances related to the keeping of chickens shall not be perceptible at any property boundary.

(f)

Noise from chickens shall not be loud enough at the property boundary to disturb persons of reasonable sensitivity.

(g)

Chickens that are diseased or carry a disease, are infested with parasites, or are found to be kept in an unsafe or unhealthy manner shall be destroyed.

(h)

Dead chickens shall be disposed of promptly in a sanitary manner.

(i)

It shall be unlawful for any person owning, controlling, or keeping domesticated animals to allow the premises to become filthy or unsanitary.

(Ord. No. 2021-6-4, § III, 6-28-21)

a.

As an accessory use to an automobile service station:

(1)

The lot for the primary use must be at least 20,000 square feet.

(2)

The use shall not occupy more than ten percent of the lot area.

(3)

Parking areas shall be located only in portions of the lot where off-street parking is permitted. This area shall not occupy spaces set aside for required off-street parking or use by cars awaiting service.

a.

District Use, Materials and Height Limitations.

(1)

Agricultural—Residential, Office, Commercial, Multifamily, and Industrial Districts.

(a)

No fence or free-standing wall may exceed eight feet in height, unless approved by the Planning Commission to adequately shield objectionable materials or activities.

(b)

Fences or free-standing walls occupying the front yard may not exceed four feet in height unless constructed parallel to the front of the building (parallel fences shall not exceed six feet in height), with the exception of agricultural and heavy industrial uses. Any fence or free-standing wall occupying the front yard must be designed and located to ensure that it does not create a hazard for vehicles or pedestrians.

(c)

Security wire may only be used in heavy commercial and industrial districts. However, barbed wire fences are permitted on properties where an agricultural activity is the principal use.

(2)

In the Single-Family Residential zoning districts, the following shall apply:

(a)

A fence or free-standing wall in any yard adjacent to a street may not exceed four feet in height. Any fence or free-standing wall occupying the front yard must be designed and located to ensure that it does not create a hazard for vehicles or pedestrians.

(b)

A fence or free-standing wall in any side or rear yard may not exceed six feet in height.

b.

Setback limitations. There shall be no minimum setback for fences or free-standing walls, provided that any fence or free-standing wall shall not obstruct visibility at street intersections and driveway accesses.

a.

Must be approved as an accessory use to a retail use permitted by right.

b.

Such manufacturing or fabrication activity may not be considered a heavy industrial use.

c.

May occupy no more than 1,000 square feet of floor area,

d.

All products made on the premises must be sold on the premises as a retail activity.

a.

A residence for a night watchman, approved as a Special Use accessory to a business or industrial operation, may be any of the following:

(1)

Site-built single-family detached dwelling or manufactured home.

(2)

Located within a commercial or industrial structure.

b.

Night watchman residences shall conform to the minimum setback requirements for principal buildings in each zoning district.

a.

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

(1)

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

(2)

Power boats and sailboats.

(3)

Manufactured homes and utility buildings.

(4)

Plant nursery items.

(5)

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

b.

All other outdoor display of merchandise or goods shall be conducted on a temporary basis associated with special sales promotions. Such display shall be for a period not to exceed two weeks, and shall not occur more often than three times per year.

c.

Any area outside of a building where merchandise or goods are located but which is permanently screened by a fence or free-standing wall at least six feet in height shall not be considered an outdoor display area.

a.

In the Community Commercial, Heavy Commercial and Light Industrial zoning districts, outside storage of materials is only permitted in the rear yard and shall be screened from view by an opaque fence or free-standing wall no less than eight feet in height.

b.

In the Heavy Industrial District, any storage use operated as a principal use or accessory use on a property shall be contained entirely within a building or shall be screened from view by an opaque fence or free-standing wall no less than eight feet in height.

c.

Rear yard setbacks must be a minimum of five feet for any storage building or structure.

a.

The development of a private use airport or heliport shall be in accordance with the guidelines specified in the Federal Aviation Administration.

b.

Private use heliports shall, as a minimum, have a takeoff and landing area one and one-half times the overall length of the largest helicopter expected to use the facility. The surface of the area shall be grassed, paved or treated as may be required to minimize dust or blowing debris.

c.

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

a.

Small wind energy systems shall be permitted as an accessory use provided the system has a rated capacity of ten kilowatts or less in residential districts, 60 kilowatts or less in agricultural districts, and 60 kilowatts or less in commercial or industrial districts.

b.

System height: The total system height shall not exceed 65 feet, except on property of over five acres located in agricultural, commercial or industrial zones in which the total system height shall not exceed 150 feet. System height is the vertical distance from ground level to the tip of the wind turbine blade when it is at its highest point.

c.

Setback: No part of the system may be closer than one and one-half times the total system height to any property boundary.

d.

Sound level: The noise level from the small wind energy system shall not exceed 55 decibels using the A scale (dBA), as measured at the site property line.

e.

Code compliance: The small wind energy system shall comply with all applicable sections of the Building Code and Federal Aviation Administration regulations.

f.

Clearance of blade: No portion of the small wind energy system's blade sweep shall extend within 20 feet of the ground or over parking areas, driveways, or sidewalks.

g.

Abandonment: Upon abandonment or discontinuation of use, the owner shall physically remove the small wind energy system within 90 days from the date of abandonment or discontinuation of use. This period may be extended at the request of the owner and at the discretion of the chief building official.

The small wind energy systems shall not be located within 200 feet of a federal, state, or locally designated historic district.

In the C-C-, H-C, and L-I districts, mold pouring of concrete products, including but not limited, storm shelters, septic tanks, burial vaults, and lawn ornaments shall be allowed if all operations, including but not limited to mixing, pouring, drying, painting, and display are carried out within a building.

Production of limited quantities of alcohol for human consumption shall be permitted by Special Use Permit in the AR District in conjunction with an established, conforming agricultural operation. Production of beer/malt beverages, or wine in the City of Rome or in Floyd County, and distilled alcohol only within the City of Rome shall be permitted by right as a primary use or as an accessory use in the C-C, C-B-C, U-M-U, L-1 and H-1 Districts.

Approval shall be based on submittal of a site plan detailing building location, access, and parking. All applicable standards of the Unified Land Development Code will apply, except as noted in this Article, including parking lot design, vehicle access design, signage, buffers, and landscaping. The plan shall include a statement detailing waste product disposal; and a safety plan for construction, operation, maintenance and transport that has been approved by both the Fire Marshal and the Building Official.

Construction and operation of equipment and storage structures shall meet all applicable local, state, and federal standards including but not limited to fire codes, air quality standards, and water quality standards; and all applicable permits and licenses shall be obtained, including building, electrical and plumbing permits. The owner/operator shall provide proof of such compliance.

The owner/operator shall also provide proof of compliance with the rules of the Georgia Department of Revenue. Best practices for operation and maintenance shall be utilized to ensure that traffic, noise, odors, fumes, or lighting shall not create a nuisance for adjacent and nearby property owners.

The following standards should also apply to a Special Use Permit for a Farm Distillery or Winery in the AR District:

a.

Production and storage equipment shall be within a containment facility capable of holding the contents of the production and storage equipment.

b.

Production and storage equipment shall be located a minimum of 100' from any property line; or from any structures inhabited by humans or primarily used for human activity.

In the Nonresidential Districts in which production of alcohol is allowed, all structures associated with the production and storage equipment shall conform to the setback restrictions provided in Article 3.5.2 (principal buildings) and Article 4.2.1 (accessory uses and structures).

(Ord. No. 01-7-2, § I, 7-16-01; Ord. No. 02-4-13, §§ I, II, 4-1-02; Ord. No. 02-11-11, § I, 11-18-02; Ord. No. 2008-2-3, § I, 2-4-08; Ord. No. 2009-1-3, § I, 1-5-09; Ord. No. 2010-7-1, § I, 7-19-10; Ord. No. 2012-5-7, § II, 5-21-12; ; Ord. No. 2013-1-4, § II, 1-28-13; Ord. No. 2013-3-3, § III, 3-25-13; Ord. No. 2017-3-7, § I, 3-27-17; Ord. No. 2021-6-5, § III, 6-28-21)

Solar Farms shall be set back from the property line a minimum of 50' in every zoning district where allowed by right or by special use permit.

Solar Panel Arrays shall be set back from the property line the same distance as is required for a primary building/use in each zoning district where they are allowed. All panels shall be constructed of non-reflective materials, or shall be treated with an anti-reflective material. Solar panel arrays shall be encircled by a security fence or wall a minimum of six feet tall. Screening vegetation shall be provided outside the security fence meeting the standards of article 6.16.3.

Solar Panel Installations shall be set back from the property line the same distance as is required for a primary building/use in each zoning district where they are allowed. Solar panel installations mounted on a building or structure shall be on the side or rear of the property, facing away from a public right-of-way. Solar panel installations shall be positioned and/or screened in such a way that glare does not affect adjacent properties.

(Ord. No. 2014-7-3, § III, 7-28-14; Ord. No. 2014-9-7, § I, 9-22-14)

The following uses are permitted by special use permit and only within heavy industry districts.

a.

Caustic or corrosive acids.

b.

Chlorine or other noxious gasses.

c.

Explosives.

d.

Fertilizer or glue.

e.

Products involving hair or fur.

a.

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

b.

The disposal of hazardous waste.

c.

Petroleum refining.

d.

Processing of sauerkraut, vinegar or yeast.

e.

Rendering or refining of fats and oils.

f.

Slaughterhouse.

g.

Stockyard or animal feeding pens.

(Ord. No. 01-7-2, § I, 7-16-01)