C-1 zoning districts are intended to establish and preserve business areas that are motor vehicle oriented, rather than pedestrian oriented. C-1 districts provide areas that are convenient and attractive for retail activities, business transactions, and services to the public designed primarily to meet the day-to-day shopping and service needs not only of residents of Spalding County, but of surrounding communities as well. Off-street parking and minimum yards are required. These areas are more suburban in nature than of a "downtown" character.

The official map (Section 2301 of this ordinance) shows the boundaries of all C-1 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 C-1 districts:

1.

Any retail business or service which does not have continuous, unenclosed outside storage, and which is not otherwise listed herein.

2.

Gasoline service station that meets the following development standards:

a.

All structures, including underground storage tanks, must be placed at least thirty (30) feet from any property line.

b.

Must be located on a corner lot or on a tract which includes a corner lot.

c.

Curb cuts must be located at least fifteen (15) feet from the intersection of street lines.

3.

Hotels, motels, and bed and breakfasts.

4.

Office.

5.

Bank.

6.

Radio station.

7.

Printing, copying, publishing establishment.

8.

Off-street parking lot or parking garage.

9.

Auctions.

10.

Education or training facility.

11.

Lodge or club.

12.

Local, state, or federal government building.

13.

Outdoor advertising sign.

14.

Funeral homes.

14'.

Senior independent living facility.

15.

Intermediate care home.

16.

Nursing home.

17.

Personal care home, commercial district, as defined in section 202(BBB ¹ ) that meets the following criteria:

a.

Minimum lot size: As required by section 1204(B);

b.

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

c.

Compliance with the requirements of all regulations of the Georgia Department of Community Health governing the operation of a personal care home pursuant to Georgia Rules and Regulations Chapter 111-2-2;

d.

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

e.

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

f.

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

18.

Day care center meeting the following development standards:

a.

Compliance with the rules promulgated by the Georgia Department of Human Resources where applicable.

19.

Golf driving range.

20.

Group development meeting the following development standards:

a.

The minimum lot size requirement shall be sufficient so that any structure constructed on said lot or groups of lots can be located so as to meet all setback requirements, parking requirements, and space requirements for loading and unloading for each proposed use, as per the respective zoning district, but in no event shall it be less than two (2) acres.

b.

All principal buildings established as a part of a group development project shall be accessible to emergency or county service vehicles.

c.

All buildings and structures established as a part of a group development project shall comply with the established front yard setbacks and exterior side and rear yard requirements.

d.

All distances between buildings shall comply with the Southern Building Code Congress International (SBCCI) Fire Prevention Code.

e.

Uses are limited to those permitted and special exception uses allowed within this district. (A-99-01, 05/04/99)

21.

Church, synagogue, chapel, or other place of religious worship including educational buildings, parsonage, church-related nursery or kindergarten, and other related uses, 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 two (2) acres;

d.

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

e.

Reserved;

f.

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;

g.

Nothing herein shall prohibit or preclude a church from being located within a group development without the necessity of complying with these development standards. (A-00-09, 06/05/00)

22.

Pawn shops, provided no unenclosed, outside storage shall be permitted on the premises. (A-01-09, 06/04/01)

23.

Animal hospital or kennel.

24.

Loft residential development meeting the following development standards.

a.

Minimum dwelling heated area of 1,000 square feet.

25.

Art studio.

26.

Auto parts retail store.

27.

Bakery.

28.

Barber/beauty shop.

29.

Cabinetry shop.

30.

Catering service.

31.

Clothing store.

32.

College or university.

33.

Crafts.

34.

Crops, growing and sales.

35.

Cultural facility, library, museum.

36.

Dance school or studio.

37.

Dental laboratory.

38.

Department store.

39.

Driving range.

40.

Dry goods store.

41.

Florist shop.

42.

Flowers, growing and sales.

43.

Food store.

44.

Garden, growing and sales.

45.

Gift shop.

46.

Gunsmith.

47.

Hospital.

48.

Indoor amusement or recreational activities.

49.

Laundry.

50.

Library.

51.

Legal office.

52.

Locksmith.

53.

Medical laboratory.

54.

Medical office.

55.

Messenger service.

56.

Music teaching studio.

57.

Novelty shop.

58.

Office equipment and supplies.

59.

Photography studio.

60.

Publicly owned recreation center.

61.

Restaurant.

62.

Shoe repair shop.

63.

Shrubbery, growing and sales.

64.

Taxidermist.

65.

Tire store, which may include minor automobile repair. Minor automobile repair as used in this context shall be limited to repair that is incidental to the tire store business; can not be permitted or licensed as a separate business; does not allow for any outside overnight storage of vehicles, inventory, equipment or materials associated with said minor auto repair and does not include engine rebuilding, body work or other similar repairs that would significantly impact the adjacent uses in the district.

66.

Expansion of a detached single-family dwelling, as defined in Section 203(L) of this ordinance, which is being used for residential purposes, including the expansion of any accessory building, as defined in section 202(O) of this ordinance.

a.

Reserved.

b.

Maximum density: Six (6) units per net developable acre, where public sewage and water are provided. Where public sewage and water are not provided, densities must meet the requirement of the Spalding County Health Department, but may not be greater than six (6) dwelling units per net acre.

67.

Non-motorized vehicle spectator sports:

a.

Must have a minimum lot size of five (5) acres.

b.

Facilities used for such purpose shall be located a minimum one hundred (100) feet of any adjacent property line.

c.

A continuous undisturbed buffer of no less than fifty (50) feet shall be provided along all side and rear property lines.

d.

Hours of operation for competition or practice shall be limited to a period from 8:00 a.m. to 10:00 p.m.

e.

Lighting for such facilities and all associated parking shall be designed not to reflect off-site.

f.

The site shall be accessible to public water and water shall be made available to track users.

68.

Street vendors provided that:

a.

Parking must be available for customers and no street vendor shall occupy parking spaces as otherwise required by this ordinance or amendments thereto.

b.

No structures signs, or goods associated with the street vendor business shall be located closer than twenty (20) feet from any street right-of-way.

c.

Shall not block or otherwise hinder ingress into or egress from a site or impede traffic circulation within the site.

d.

Shall not block or otherwise hinder pedestrian traffic.

e.

All advertising signs shall be in compliance with this ordinance and shall not be in excess of the allowed signage for the zoning district. Where such street vendor is on the same premises as another regular business, street vendor signage shall be considered temporary signs under this ordinance and must meet the requirements thereof.

69.

Hospice.

B.

The following principal uses are permitted as special exceptions in C-1 districts:

1.

Motorized vehicle spectator sports.

a.

All vehicles shall be remote control, non-occupant vehicles with a maximum vehicle size of two (2) feet long by two (2) feet wide by one (1) foot tall.

b.

Must have a minimum lot size of five (5) acres.

c.

Facilities used for such purpose shall be located a minimum of one hundred (100) feet for any adjacent property line.

d.

A continuous undisturbed buffer of no less than fifty (50) feet shall be provided along all side and rear property lines.

e.

Hours of operation for competition or practice shall be limited to a period of 8:00 a.m. to 10:00 p.m.

f.

Lighting for such facilities and all associated parking shall be designed not to reflect off-site.

g.

The site shall be accessible to public water and water shall be made available to tract users.

2.

Flea markets.

3.

Tower or antenna meeting the standards and development criteria established in the Spalding County Ordinance to Establish Standards for Telecommunications Antennas and Towers.

4.

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 1204 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.

5.

Planned apartment home communities in conjunction with a mixed-use commercial/residential development meeting the following development standards:

a.

Planned apartment home communities shall meet development requirements stated in section 905 as a part of mixed-use commercial/residential development.

6.

Drug abuse treatment and education program.

7.

Shooting range, indoor.

C.

The following accessory uses are permitted in C-1 districts:

1.

Those determined by the administrative officer to be customarily appurtenant to those uses permitted in this district.

2.

Manufacturing in connection with the principal retail business or service on the lot meeting the following standards:

a.

Occupies less than forty (40) percent of the floor area.

b.

Employs no more than five (5) persons. (The intent here is to assure that activities which are primarily manufacturing in nature are directed away from C-1, C-1A and C-5 zoning districts and into C-1B or C-2 zoning districts. Establishments with five (5) or fewer manufacturing employees in connection with a commercial activity are considered to be primarily commercial and compatible with a commercial district. Manufacturing activities with more than five (5) employees would be considered large enough to belong in a manufacturing district with other such uses rather than in a commercial district.)

3.

Tower, domestic or antenna, domestic.

4.

Home occupation, minor.

5.

Shipping container, temporary.

6.

Mobile food service unit, temporary.

D.

The following accessory uses are permitted as special exceptions in C-1 districts:

1.

Tower or antenna meeting the standards and development criteria established in the Spalding County Ordinance to Establish Standards for Telecommunications Antennas and Towers.

2.

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

3.

Class B or C manufactured home used as a temporary office.

a.

Building permit is required.

b.

Allowed for six (6) months in conjunction with a building permit for the construction of a principal business structure on the subject property.

E.

All accessory uses must meet the following standards:

1.

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

2.

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

F.

All uses not permitted within C-1 districts by this section are specifically prohibited.

(Res. of 2-20-96, § 2; Res. of 10-1-96, § 3; Res. of 2-4-97, § 1; Res. of 3-4-97, § 3; Res. of 6-17-97, § 1; Res. of 7-15-97, §§ 30, 31; Res. of 10-7-97, §§ 1, 2; Res. of 1-6-98, § 1; Res. No. 99-01, § 2, 5-4-99; Res. No. A-00-09, §§ 9, 10, 6-5-00; Res. No. A-01-06, §§ 19, 20, 5-7-01; Res. No. A-01-09, § 1, 6-4-01; Res. No. A-01-15, § 2, 9-4-01; Res. No. A-01-17, § 39, 40, 1-7-02; Res. No. A-01-20, § 1, 2-4-02; Res. No. A-03-03, § 2, 3-17-03; Res. No. A-03-12, § 2, 10-6-03; Res. No. A-04-16, § 1, 9-23-04; Res. No. A-05-08, § 2, 5-16-05; Res. No. A-06-02, § 1, 4-3-06; Res. No. A-08-04, §§ 12, 13, 3-3-08; Res. No. A-08-06, § 3, 5-5-08; Res. No. A-08-08, § 1, 7-7-08; Res. No. A-08-23, §§ 12, 13, 2-2-09; Res. No. A-09-10, § 1, 1-11-10; Res. No. A-10-02, § 10, 5-3-10; Res. No. A-11-03, §§ 1, 2, 7-18-11; Res. No. A-17-01, § 2, 4-4-17; Res. No. A-18-03, § 1, 6-4-18; Res. No. A-19-02, § 15, 4-15-19; Res. No. A-20-10, §§ 3, 4, 2-15-21 ; Ord. No. 2022-007, § 4, 10-3-22)

_____

In addition to the development standards contained in Article 14 of this ordinance, the following standards are required within C-1 districts:

_____

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 the 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, a lot existing at the time of passage of this ordinance may not be reduced, divided, or changed so as to produce a tract of land which does not comply with the minimum dimension or area requirements of this ordinance for the district in which it is located unless that reduction or division is necessary to provide land which is needed and accepted for public use.

O.

Lots with multiple frontage: In the case of a corner lot or double frontage lot, front yard setback requirements apply to all lot lines abutting a street.

P.

Landlocked lots: In the case of a landlocked lot (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 or road, 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 the administrative officer 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 from the administrative officer.

X.

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

Y.

Reserved.

(Res. of 10-7-97, §§ 16, 17; Res. No. A-01-13, § 2, 9-4-01; Res. No. A-01-16, § 2, 11-5-01; Res. No. A-04-11, §§ 10, 25, 6-7-04)