C-1B districts are intended to provide distinct areas for commercial activities which provide products and services that require locations along major arterial roads, arterial and thoroughfare highway intersections due to the need to transport and display heavy bulk materials, generate heavy traffic and which provide services that would not be appropriately located within C-1 Highway Commercial and C-1A Neighborhood Commercial districts. Neat and orderly outside storage is permitted in conjunction with permitted uses and conditional uses within this district. Uses in this district shall be located on streets or roads, arterial.

(Res. of 3-4-97, § 2)

A.

The official map (section 2301 of this ordinance) shows the boundaries of all C-1B districts within Spalding County. Article 23 also contains additional information concerning interpreting district boundaries, amending boundaries, etc.

[B.

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

[1.

Reserved.]

2.

Spectator sport: Automobile, truck, motorcycle racing; speedways and other racing facilities; and other vehicle related competitions including, but not limited to dragster racing, truck and tractor pulling competitions.

In addition to the requirements of this section such facilities must meet the following criteria:

a.

Must have a minimum three hundred (300) feet road frontage on a four (4) lane state classified highway or other four (4) lane thoroughfare.

b.

Facilities used for such purposes must be located a minimum of one thousand (1,000) feet from any land zoned to allow residential dwellings.

c.

A continuous one hundred (100) foot undisturbed buffer must be provided along all property boundaries with the exception of those property boundaries that serve road access.

d.

Hours of operation, use of the facility for competition or practice shall be limited to 8:00 a.m. to 10:00 p.m.

e.

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

(Res. of 3-4-97, § 2; Res. No. A-03-10, § 1, 5-5-03)

A.

The following principal uses are permitted in C-1B districts:

1.

Any retail business or service which has continuous, unenclosed outside storage.

2.

Automobile and truck sales.

3.

Boat sales.

4.

Commercial kennels.

5.

Dry cleaning plants not employing more than twenty (20) persons.

6.

Farmers' markets.

7.

Feed and seed stores.

8.

Heavy equipment sales, service or rental.

9.

Major automotive repair.

10.

Mini-warehouses and warehouses.

11.

Mobile home sales lots.

12.

Hotels and motels.

13.

Outdoor theaters.

14.

Recreational vehicle sales and service.

15.

Tire retreading.

16.

Used car and truck sales.

17.

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.

18.

Other heavy commercial and service activities not primarily of an industrial or manufacturing nature as may be determined by the zoning administrator to be similar to the above listed uses and which are in harmony with the purposes of this district, but not including those uses which are not mentioned in this district but are enumerated in another district.

19.

Animal hospital or kennel.

20.

Appliance sale and repair.

21.

Art studio.

23.

Auto parts retail store.

24.

Bakery.

25.

Bank or financial institution.

26.

Barber/beauty shop.

27.

Bed and breakfast inn.

28.

Cabinetry shop.

29.

Catering service.

30.

Clothing store.

31.

Club, private.

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.

66.

Group development meeting the following development standards:

a.

The minimum lot size requirements shall be sufficient so that any structure constructed on said lot or groups or 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)

67.

Church, synagogue, chapel or other place of religious worship including educational building, 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 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)

69.

Office.

70.

Radio station.

71.

Printing, copying, publishing establishment.

72.

Off-street parking lot or parking garage.

73.

Auctions.

73.

Outdoor advertising sign.

74.

Funeral homes.

75.

Intermediate care home.

76.

Nursing home.

77.

Day care center meeting the following development standards:

a.

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

78.

Golf driving range.

79.

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

80.

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.

Loft residential development meeting the following development standards:

a.

Minimum dwelling heated area of one thousand (1,000) square feet.

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.

81.

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.

82.

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 1404(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.

B.

The following principal uses are permitted as special exceptions in C-1B 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.

Shooting range, indoor.

C.

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

1.

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

2.

Tower, domestic or antenna, domestic.

3.

Home occupation, minor.

4.

Shipping container, used in the normal course of business.

5.

Shipping container, temporary.

6.

Mobile food service unit, temporary.

D.

The following accessory uses are permitted as special exceptions in C-1B 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 and structures 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-1B districts by this section are specifically prohibited.

(Res. of 3-4-97, § 2; Res. of 7-15-97, §§ 34—36; Res. of 10-7-97, §§ 3, 4; Res. of 1-6-98, §§ 1, 2; Res. No. A-01-15, § 4, 9-4-01; Res. No. A-01-20, § 3, 2-4-02; Res. No. A-03-03, § 4, 3-17-03; Res. No. A-05-08, § 4, 5-16-05; Res. No. A-08-04, § 17, 3-3-08; Res. No. A-08-23, § 17, 2-2-09; Res. No. A-10-02, § 12, 5-3-10; Res. No. A-11-03, §§ 6, 7, 7-18-11; Res. No. A-17-01, § 4, 4-4-17; Res. No. A-18-03, § 3, 6-4-18; Res. No. A-19-02, §§ 17, 18, 4-15-19; Res. No. A-20-10, §§ 7, 8, 2-15-21 ; Ord. No. 2022-007, § 6, 10-3-22)

In addition to the development standards contained in Article 4 of this ordinance, the following standards are required by C-1B districts:

A.

Minimum heated floor area for buildings: None.

B.

Minimum lot area:

1.

Unsewered areas: As specified by the Spalding County Health Department.

2.

Sewered areas: None.

C.

Minimum lot width: One hundred (100) feet.

D.

Minimum front yard depth: Seventy (70) feet.

E.

Minimum side yard depth: Fifteen (15) feet.

F.

Minimum rear yard depth: Twenty-five (25) feet.

G.

Maximum building height: Sixty (60) feet, provided the respective structure is serviced by an approved sprinkler fire suppression system. In structures that are not serviced by an approved sprinkler fire suppression system, the maximum building height shall be thirty-five (35) feet. This height limit does not apply to projections affixed to buildings, which projection is not intended for human habitation.

H.

Minimum frontage width: Seventy-five (75) feet. Minimum frontage width shall be reduced to fifty (50) feet for lots abutting the turnaround portion of dead-end streets (cul-de-sacs).

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 requirement 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, 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 open 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 of 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 are contained in the Spalding County Sign Ordinance (Appendix E). Consult that document for specific requirements.

Y.

Yards abutting railroads. Side yards and rear yards are not required adjacent to railroad rights-of-way.

(Res. of 3-4-97, § 2; Res. of 10-7-97, §§ 20, 21; Res. No. A-01-13, § 4, 9-4-01; Res. No. A-01-16, § 4, 11-5-01; Res. No. A-04-11, §§ 12, 27, 6-7-04; Res. No. A-07-06, §§ 1, 2, 7-16-07)