R-5 zoning districts are intended to establish and preserve quiet, relatively low-to-medium-density neighborhoods of single-family residences. These districts are free from other uses which are incompatible with single-family homes.

The official map (section 2301 of this ordinance) shows the boundaries of all R-5 districts within Spalding County. Article 23 also contains additional information concerning interpreting district boundaries, amending boundaries, etc.

A.

The following principal uses are permitted in R-5 districts:

1.

Site-built, single-family detached dwelling with a heated floor area of at least one thousand two hundred fifty (1,250) square feet; provided that when such dwelling shall be located on a lot with a size exceeding twenty thousand (20,000) square feet, the first story of any dwelling shall have a minimum square footage of one thousand two hundred fifty (1,250) square feet.

1'.

Dwelling, infill.

2.

Industrialized home, single-family detached dwelling with a heated floor area of at least one thousand two hundred fifty (1,250) square feet.

3.

Reserved.

4.

Local, state, or federal government building.

5.

Reserved.

6.

Publicly owned and operated park or recreation area.

7.

Subdivision recreation area owned, operated, and maintained by a homeowner's association exclusively for the use of residents and their guests.

8.

Class A manufactured home with a heated floor area of at least one thousand five hundred (1,500) square feet which replaces a manufactured home located on the same tract that was used as a dwelling until within one hundred eighty (180) days prior to the date on which a permit for the new manufactured home is requested. Evidence that a manufactured home was located on the same tract shall be satisfied by the presence of a manufactured home thereon on the date on which a permit for a new manufactured home is requested or evidence of payment for the removal or demolition of the old manufactured home within one hundred eighty (180) days prior to the date on which a permit for a new manufactured home is requested. Evidence that the old manufactured home was used as a residence shall be satisfied by presentation of utility bills and corresponding payments for active utility service provided to the old manufactured home within one hundred eighty (180) days prior to the date on which the new manufactured home permit is requested.

9.

Reserved.

10.

Conservation subdivision.

11.

Subdivision, infill.

B.

The following principal uses are permitted as special exceptions in R-5 districts:

1.

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

a.

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

b.

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

c.

The lot must have an area of at least four (4) acres.

d.

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

e.

A buffer (as provided by section 405) must be provided along all side and rear property lines.

f.

Reserved.

g.

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

2.

Bed and breakfasts.

3.

Class A manufactured home with a heated floor area of at least one thousand two hundred fifty (1,250) square feet.

4.

Class A manufactured home with a heated floor area of at least one thousand two hundred fifty (1,250) square feet.

5.

Utility substation meeting the following development standards:

a.

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

b.

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

c.

No vehicles or equipment may be stored on the lot.

d.

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

e.

All other development standards as enumerated in section 1104 are waived, except for J., M., T., and X.

f.

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

6.

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

a.

Minimum lot size: Three (3) acres;

b.

Minimum house size:

i.

For no more than four (4) residents: One thousand seven hundred fifty (1,750) square feet;

ii.

For no more than six (6) residents: Two thousand five hundred (2,500) square feet;

iii.

For no more than eight residents: Three thousand (3,000) square feet;

iv.

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

c.

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

d.

Compliance with the requirements of all regulations of the Georgia Department of Community Health governing the operation of a personal care home;

e.

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

f.

Occupancy requirements:

i.

The licensee authorized by the Georgia Department of Community Health to operate the family personal care home must maintain their domicile at the address at which the family personal care home is permitted; in the event the licensee is a corporation or partnership, at least one (1) officer, director or partner must maintain their domicile at the address at which the family personal care home is located; and

ii.

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

g.

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

h.

Any personal care home for which a license has been issued by the Georgia Department of Human Resources or the Georgia Department of Community Health on or before December 31, 2008 and which meets all the requirements of this ordinance shall be deemed to be in compliance with the requirements herewith and shall not be required to obtain approval as a special exception use within this district.

7.

Child caring institution as defined in section 202 HH'.2. that meets the following criteria:

a.

Minimum lot area: As required by section 1104 B.;

b.

Minimum heated floor area: As required by section 1104 A.;

c.

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

d.

Compliance with the requirements of any and all regulations of the Georgia Department of Human Resources governing the operation of a child caring institution;

e.

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

f.

Occupancy requirements:

i.

The licensee authorized by the Georgia Department of Human Resources to operate the family personal care home must maintain their domicile at the address at which the family personal care home is permitted; in the event the licensee is a corporation or partnership, at least one (1) officer, director or partner must maintain their domicile at the address at which the family personal care home is located; and

ii.

No more than three (3) residents may occupy a single bedroom.

g.

Any family personal care home for which a license has been issued by the Georgia Department of Human Resources on or before December 31, 2008 and which meets all the requirements of this ordinance shall be deemed to be in compliance with the requirements herewith and shall not be required to obtain approval as a special exception use within this district, even though no business license has been issued for the operation thereof, provided an application for a business license for the operation thereof is filed with Spalding County on or before February 28, 2009.

C.

The following accessory uses are permitted in R-5 districts:

1.

Private garage or carport.

2.

Structure for the storage of equipment and supplies used in maintaining the principal building and its grounds.

3.

Structure for a children's playhouse and the storage of children's play equipment.

4.

Private swimming pool and bath house or cabana meeting the following development standards:

a.

All such swimming pools must meet the specifications of the Standard Swimming Pool Code (SBCCI).

5.

Private tennis court and/or basketball facilities; if lighted, lights must be designed so that they do not intrude upon adjacent lots. Such a court may be surrounded by a fence up to ten (10) feet high.

6.

Garden, including a greenhouse and other customary garden structures. Produce and/or plants grown in garden shall not be sold from property unless otherwise permitted in this ordinance.

7.

Deck, patio, barbecue grill, or other such facility.

8.

Reserved.

9.

Tower, domestic or antenna, domestic.

10.

Temporary building for storage of materials meeting the following development standards:

a.

Permitted only in conjunction with construction of a building;

b.

Allowed either on the same lot where construction is taking place or on adjacent lots;

c.

Such a use must be terminated upon completion of construction.

11.

Sign as permitted by the Spalding County Sign Ordinance (Appendix E).

12.

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

13.

Temporary construction office facility at a construction site for a residential subdivision, as defined by the Subdivision Ordinance of Spalding County, Unified Development Ordinance, appendix A, section 202(QQ) and for any special exception use allowed in this zoning district for which construction of a new structure is required, meeting the following development standards:

a.

The procedure for applying for a temporary construction office facility is as follows:

i.

Plans for a water/well and sewage/septic system suitable for the construction office facility must be submitted to the Spalding County Health Department for its review and approval.

ii.

Upon approval by the Spalding County Health Department, the owner shall present evidence of such approval to the administrative officer and apply for a building permit for the proposed construction office facility, including the water and sewage systems.

iii.

Upon receipt of the building permit, the owner should proceed with construction of the proposed water and sewage systems. The Spalding County Health Department will provide required inspections of these systems during and upon completion of construction. No other water or sewage system may be approved for the temporary construction office facility.

iv.

Upon certification of the administrative officer that the water and sewage systems have been properly installed according to the approved plans, the owner shall, pursuant to the building permit issued in subsections 1103(C)(13)(a)(i), (ii) be authorized to temporarily maintain the construction office facility.

v.

The administrative officer shall explain to the owner all conditions and limitations attached to such a permit and will secure the written certification that he understands and will abide by those conditions.

b.

The following conditions apply to the permit issued for the temporary construction office facility:

i.

Only one (1) temporary construction office facility is allowed per subdivision.

ii.

It is nontransferable from one owner to another.

iii.

Any permit is temporary; the valid period of the permit will expire on the date that a certificate of occupancy for the last residential dwelling in the subdivision is issued or after thirty-six (36) months, whichever occurs first. For nonresidential construction, the permit will expire on the date that a certificate of occupancy for the structure is issued or after twelve (12) months, whichever occurs first.

iv.

In the event that construction of the residential subdivision or nonresidential construction is underway, but not yet completed and approved for occupancy when the building permit for the temporary construction office facility expires, the owner may apply to the administrative officer for an extension. The administrative officer, at his discretion, may extend the permit for periods of up to twelve (12) months.

c.

Upon completion of the residential subdivision or other expiration of the permit, the temporary construction office facility must be disconnected from the water and sewage systems and use of the temporary construction office facility must cease.

d.

The temporary construction office facility must be either a Class B or Class C manufactured home.

e.

The temporary construction office facility must be removed within thirty (30) days of either the issuance of the certificate of occupancy of the last residence in the subdivision or the expiration of the temporary construction office facility permit—Whichever is earlier.

14.

Recreational vehicles as temporary housing.

a.

Building permit is required.

b.

Allowed for six (6) months in conjunction with a building permit for a principal dwelling on the subject property.

15.

Foster home.

16.

Mother-in-law suite.

17.

Shipping container, temporary.

D.

The following accessory uses are permitted as special exceptions in R-5 districts:

1.

Home occupation, general, excluding garage, repair garage, kennel, shooting range and such other proposed uses that may conflict or be inconsistent with existing nearby development or pose a threat to the public health and safety of residents of nearby properties.

2.

Reserved.

3.

Manufactured home (Class B or C) for temporary use in case of certified hardship meeting the following development standards:

a.

A person having a certified hardship shown according to the procedure contained in this section and meeting any one of the following conditions may apply to the board of appeals for the special exception permit.

(a)

The applicant for the special exception is to be the owner and/or occupant of the temporary unit and is sixty-five (65) years of age of older.

(b)

The applicant for the special exception is to be the owner and/or occupant of the temporary unit; and at least one (1) member of his family who will reside in the unit is sixty-five (65) years of age or older.

(c)

The applicant for the special exception is to be the owner and/or occupant of the temporary unit and is physically disabled and requires frequent attendance by others for medical or physical care.

(d)

The applicant for the special exception is to be the owner and/or occupant of the temporary unit and at least one (1) member of his family is physically disabled and requires frequent attendance by others for medical or physical care.

(e)

The applicant for the special exception is not to be the owner and/or occupant of the temporary unit but at least one (1) of the residents of the unit is a member of the applicant/owner's family and is sixty-five (65) years of age or older.

(f)

The applicant for the special exception is not to be the owner and/or occupant of the temporary unit but at least one (1) of the residents of the unit is a member of the applicant/owners's family and is physically disabled and requires frequent care.

b.

In order to determine if the need for the special exception permit presented by the applicant is a certified hardship, the board of appeals will require a doctor's certificate currently dated, attesting to the health of the person who is asserted to be physically disabled and also attesting to the need for frequent attendance upon such a person by other people. The certificate will be requested by the board of appeals directly from the doctor in attendance upon the person who is asserted to be disabled. The applicant will be required to sign a release to the doctor for such information to be supplied to the board of appeals prior to any action by the board of appeals to obtain the certificate from the doctor and any possible subsequent issuance of the special exception permit.

c.

The procedure for applying for a special exception permit for a temporary manufactured home for certified hardship is as follows:

(a)

Application should be made to the board of appeals for the special exception permit for a temporary manufactured home for certified hardship.

(b)

The board of appeals will explain to the applicant all conditions and limitations attached to such a permit and will secure the written certification of the applicant that he understands and will abide by those conditions if issued the special exception permit.

(c)

The board of appeals will consider each application, and upon determining that all requirements have been met for such a permit, will issue the special exception permit.

d.

Upon being granted a special exception permit to allow a temporary manufactured home for certified hardship, the applicant must then apply to the administrative officer for a building permit for the installation of the temporary manufactured home. The procedure is as follows:

(a)

Plans for a water/well and sewage/septic system suitable for the temporary manufactured home proposed to be installed on the site must be submitted to the Spalding County Health Department for its review and approval.

(b)

Upon securing concurrence of the health department of the proposed water and sewage systems to serve the proposed temporary manufactured home, the owner should present evidence of such approval to the administrative officer and apply for a building permit for installation of the proposed temporary manufactured home, including the water and sewage systems.

(c)

Upon approval of the administrative officer and receipt of the building permit, the owner should proceed with installation of the proposed temporary manufactured home, including water and sewage systems. The administrative officer will provide required inspections of these systems during and upon completion of construction.

e.

The following conditions apply to special exception permits issued for temporary use of a manufactured home for hardship:

(a)

It is temporary and valid only for a period of time of twenty-four (24) months or whenever the conditions for which the permit was granted cease to exist.

(a)'

Any permit for a manufactured home for temporary use in case of certified hardship shall be valid for the calendar year in which such permit is first issued, and thereafter, such permit may be renewed annually upon submission of medical documentation attesting the continuation of the certified hardship in a form sufficient to satisfy the requirements of section 1103.D.3.b. Notice that the certified hardship has ceased must be given within thirty (30) days of the date on which such certified hardship terminated.

(b)

A development plan must be submitted showing the proposed locations of the principal building, the water and sewage systems, and the temporary manufactured home. That development plan must be approved by the board of appeals before issuing the temporary special exception permit.

(c)

During its period of approval, the temporary manufactured home must be connected to the approved water and sewage systems.

(d)

The temporary manufactured home must be removed within thirty (30) days of either the expiration of the special exception permit for the temporary manufactured home or upon finding of the board of appeals, upon its own application or that of any aggrieved party and after giving due notice to all concerned parties and granting full opportunity for a hearing, that the conditions for which the special exception was granted no longer exists, whichever is earlier.

(e)

The temporary manufactured home must be either a Class B or Class C manufactured home.

(f)

No more than one (1) such unit is permitted per lot.

(g)

The unit must be located entirely within the rear yard of the principal dwelling, as shown on the approved development plan.

4.

Manufactured home (Class B or C) for temporary use in case of certified hardship meeting the following development standards:

a.

A person having a certified hardship shown according to the procedure contained in this section and meeting the following conditions may apply to the board of appeals for the special exception permit.

a'.

The applicant for the special exception is to be the owner and/or occupant of the temporary unit.

b'.

The temporary unit is a replacement or substitute of an existing residential dwelling located on the same lot which was, within the six (6) months immediately preceding the time of application for the special exception, destroyed or damaged from fire, natural disaster or other act of God.

b.

In order to determine if the need for the special exception permit presented by the applicant is a certified hardship, the board of appeals will require evidence of the damage to the existing residential dwelling located thereon due to fire, natural disaster or other act of God.

c.

The procedure for applying for a special exception under this provision shall be the same as that set forth in section 1103.D.3.c. through 1103.D.3.e.

d.

Any permit issued hereunder shall be valid for a period of twelve (12) months from the date of issuance, within such period of time reconstruction and/or repair of the existing residential dwelling thereon must be complete.

5.

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

E.

All accessory uses must meet the following standards:

1.

They must be located in the side or rear yards.

2.

They may not be located closer than five (5) feet from any property line.

3.

They may not be located in any front yard.

4.

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

5.

Accessory buildings and structures that are attached to the principle building must match the existing exterior of the principle building.

F.

All uses not permitted within R-5 districts by this section are specifically prohibited.

(Res. of 10-1-96, § 8; Res. of 5-6-97, § 5; Res. of 7-16-97, §§ 27—29; Res. of 11-18-97, §§ 16—18; Res. No. 99-02, §§ 13, 14, 3-16-99; Res. No. A-99-20, §§ 1—3, 6, 12-21-99; Res. No. A-99-21, §§ 9, 10, 12-21-99; Res. No. A-00-05, § 3, 4-3-00; Res. No. A-00-09, § 7, 6-5-00; Res. No. A-00-20, §§ 3, 6, 10-16-00; Res. No. A-01-06, §§ 15, 16, 5-7-01; Res. No. A-03-14, § 1, 6-2-03; Res. No. A-03-07, § 7, 6-16-03; Res. No. A-03-32, § 10, 12-15-03; Res. of 11-15-04(1), § 5; Res. of 11-15-04(3), § 5; Res. No. A-05-07, § 1, 5-16-05; Res. No. A-05-17, §§ 3, 4, 4-3-06 ; Res. No. A-06-08, §§ 15, 16, 7-17-06; Res. No. A-07-07, § 2, 7-16-07; Res. No. A-08-03, § 2, 3-17-08; Res. No. A-08-04, § 9, 3-3-08; Res. No. A-08-07, §§ 16, 17, 7-7-08; Res. No. A-08-23, § 9, 2-2-09; Res. No. A-09-02, § 9, 3-16-09; Res. No. A-10-02, § 8, 5-3-10; Res. No. A-12-01, § 7, 5-7-12; Res. No. A-13-07, §§ 11, 12, 12-16-13; Res. No. A-15-02, § 16, 5-4-15; Res. No. A-15-07, § 17, 9-21-15; Res. No. A-19-02, § 13, 4-15-19; Res. No. A-20-08, §§ 16, 17, 10-5-20 )

In addition to the development standards contained in Article 4 of this ordinance, the following standards are required within R-5 districts:

_____

H.

Minimum frontage width: Each lot shall have minimum frontage width of at least one hundred (100) feet where public water and sewer are not available. Where public water is provided, the minimum frontage width shall be reduced to seventy-five (75) feet. Minimum frontage width shall be reduced to thirty-five (35) feet for lots abutting the turnaround portion of dead end streets (culs-de-sac).

I.

Sight distance: Within thirty (30) feet of the pavement edge, plants cannot be of a type which will exceed a height of thirty (30) inches at maturity and/or a trunk diameter of four (4) inches. There may be some flexibility in regard to the maximum trunk diameter when protected by a guardrail or some other suitable type barrier beyond thirty (30) feet from pavement edge. Almost any type of planted vegetation is permissible.

J.

Applicability to land and buildings: No building, structure or land may be used or occupied, and no building or structure or part of a building or structure may be erected, constructed, reconstructed, moved, or structurally altered unless in conformity with all of the regulations specified for the district in which it is located.

K.

Every use must be on a lot: No building or structure may be erected or use established unless upon a lot as defined by this ordinance.

L.

Only one principal building per lot: Only one (1) principal building and its accessory buildings may be erected on any lot, except for planned developments or as otherwise provided.

M.

Open space not to be encroached upon: No open space may be encroached upon or reduced in any manner except in conformity with the yard, setback, off-street parking spaces, and other such required development standards contained in this ordinance. Shrubbery, driveways, retaining walls, fences, curbs, and buffers (see definition in Article 2) are not considered to be encroachments of yards. Open space areas as required by this ordinance must be permanently maintained as open space in accordance with the requirements of this ordinance.

N.

Reduction of yards or lot area: Except as otherwise provided in this ordinance, no lot existing on or before the date of the adoption of this ordinance may be reduced, divided or changed in any way which does not comply with the area, width, or yard requirements of this ordinance provided, however, that:

1.

The area of a lot may be reduced if the reduction is necessary to provide land for a governmental function.

2.

The yard requirements for any lot within a subdivision which was platted and recorded in the office of the clerk of superior court on or before the date of adoption of this ordinance in the AR-1, R-1, R-2, R-4, or R-5 districts may be reduced to the yard requirements which existed on that date that subdivision was originally recorded.

3.

A lot within a platted subdivision which has been previously combined with another lot (or other combination thereof) within the subdivision prior to the date of adoption of this ordinance may be split to allow for development as such lot was originally platted.

O.

Lots with multiple frontage: In the case of a corner lot or double frontage lot, the front yard setback shall be a minimum of one hundred (100) feet, which may be reduced to seventy (70) feet where public sewer is provided. The setback applicable to any other portion of the lot which abuts a street shall be a minimum of fifty (50) feet, which may be reduced to thirty-five (35) feet where public sewer is provided. For purposes of this section, the front yard setback shall apply to that side of the lot which must comply with the minimum frontage width required in this district.

P.

Landlocked lots: In the case of a landlocked lot (a lot without direct access to a public street or road) lawfully existing as of the effective date of this ordinance, the property owner is entitled to one (1) building permit, as long as all of the following requirements are met:

1.

No other principal building exists or is being constructed on the property.

2.

No other valid building permit has been issued prior to the effective date of this ordinance and is currently valid.

3.

The property was and continues to be under single ownership since the effective date of this ordinance.

4.

The property owner has acquired a thirty-foot easement to a city-, county-, or state-maintained street, and the easement has been duly recorded and made a part of the property deed.

5.

In the event the property is divided, no additional permits will be issued.

Q.

Reserved.

R.

Yards and other spaces: No part of a yard, other open space, off-street parking, or loading space required for another building may be included as a part of the yard, off-street parking, or loading space required for another building, except as specifically provided for in this ordinance.

S.

Substandard lots: Any lot existing at the time of the adoption of this ordinance, which has an area or a width which is less than required by this ordinance, is subject to the following exceptions and modifications:

1.

Single lots: When a lot has an area or frontage, which does not conform with the requirements of the district in which it is located, but was a lot at the effective date of this ordinance, such a lot may be used for any use allowed in the zoning district in which it is located as long as all other requirements of this ordinance are met.

T.

Encroachment on public rights-of-way: No building, structure, service area, required off-street parking, or loading/unloading facility is permitted to encroach on public rights-of-way.

U.

Physical design standards: Minimum design standards for driveways, loading areas, and other such physical site improvements are contained in applicable development regulations of Spalding County. Consult that document for specific requirements.

V.

Off-Street parking and service requirements: Minimum standards for off-street parking and service requirements are contained in the Spalding County Standard for Off-Street Parking and Service Facilities (Appendix G).

W.

Other applicable development regulations: Information concerning any other applicable development regulations may be obtained by consulting the administrative officer.

X.

Signs: Minimum design and location standards are contained in the Spalding County Sign Ordinance (See Appendix E). Consult that document for specific requirements.

(Res. of 10-7-97, §§ 14, 15; Res. of 5-19-98, §§ 13, 14; Res. No. 98-29, §§ 9, 10, 11-17-98; Res. No. A-99-20, §§ 4, 5, 12-21-99; Res. No. A-01-13, § 24, 9-4-01; Res. No. A-02-02, § 2, 4-15-02; Res. No. A-03-07, § 9, 6-16-03; Res. No. A-04-11, §§ 8, 23, 6-7-04; Res. No. A-04-22, § 5, 1-27-05)