C-1C zoning districts are intended to establish and preserve physically and aesthetically desirable areas in which clean, low-intensity manufacturing activities may locate and be protected from the intrusion of incompatible land uses. By having such areas available, both new and existing industries may operate and undertake expansion of facilities with the least possible adverse effect on other types of activities which might be incompatible with manufacturing. The elimination of non-manufacturing activities from C-1C districts benefits manufacturing activities by removing some possible obstacles to their smooth operation and expansion.

(Res. of 3-4-97, § 1)

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

(Res. of 3-4-97, § 1)

A.

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

1.

Manufacturing activity which does not cause injurious or obnoxious noise, vibrations, smoke, gas, fumes, odor, dust, fire hazard, or other objectionable conditions.

2.

Wholesale and warehousing operation.

3.

Building material yard which is entirely enclosed by a fence that is at least six (6) feet high and screens the yard from view.

4.

Public garage.

5.

Repair garage.

6.

Off-street parking lot or parking garage.

7.

Armory.

8.

Cabinet shop.

9.

Cosmetic and pharmaceuticals manufacturing.

10.

Distribution of products or merchandise.

11.

Dry cleaning or laundering establishment.

12.

Education or training facility.

13.

Electrical appliance and equipment sales and repair.

14.

Electronic manufacturing and assembly.

15.

Plumbing shop, other contractor—Including open storage of materials when located in rear yard.

16.

Printing, publishing, reproducing establishment.

17.

Sign painting and fabricating shop.

18.

Local, state, or federal government building.

19.

Agriculture.

20.

Outdoor advertising sign.

21.

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)

22.

Animal hospital or kennel.

23.

Art studio.

24.

Auto parts retail store.

25.

Bakery.

26.

Bank or financial institution.

27.

Barber/beauty shop.

28.

Bed and breakfast inn.

29.

Cabinetry shop.

30.

Catering service.

31.

Clothing store.

32.

Club, private.

33.

College or university.

34.

Crafts.

35.

Crops, growing and sales.

36.

Cultural facility, library, museum.

37.

Dance school or studio.

38.

Dental laboratory.

39.

Department store.

40.

Driving range.

41.

Dry goods store.

42.

Florist shop.

43.

Flowers, growing and sales.

44.

Food store.

45.

Garden, growing and sales.

46.

Gift shop.

47.

Gunsmith.

48.

Hospital.

49.

Indoor amusement or recreational activities.

50.

Laundry.

51.

Library.

52.

Legal office.

53.

Locksmith.

54.

Medical laboratory.

55.

Medical office.

56.

Messenger service.

57.

Music teaching studio.

58.

Novelty shop.

59.

Office equipment and supplies.

60.

Photography studio.

61.

Publicly owned recreation center.

62.

Restaurant.

63.

Shoe repair shop.

64.

Shrubbery, growing and sales.

65.

Taxidermist.

66.

Tire store.

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 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)

68.

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.

69.

Hotels and motels.

70.

Office.

71.

Radio station.

72.

Printing, copying, publishing establishment.

73.

Auctions.

74.

Lodge or club.

75.

Local, state, or federal government building.

76.

Funeral homes.

77.

Intermediate care home.

78.

Nursing home.

79.

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 1404A(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.

80.

Day care center meeting the following development standards:

a.

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

81.

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

82.

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

83.

Automobile and truck sales.

84.

Boat sales.

85.

Commercial kennels.

86.

Farmers' markets.

87.

Feed and seed stores.

88.

Heavy equipment sales, service or rental.

89.

Major automotive repair.

90.

Mini-warehouses and warehouses.

91.

Mobile home sales lots.

92.

Outdoor theaters.

93.

Recreational vehicle sales and service.

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.

94.

Tire retreading.

95.

Used car and truck sales.

96.

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.

97.

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.

B.

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

1.

Airport, heliport.

2.

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

3.

Newspaper or printing plant.

4.

Fabricating shop, such as woodworking, upholstery, or sheet metal shop.

5.

Machine shop.

6.

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 1404A 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.

7.

Shooting range, indoor.

8.

Data centers, but not Bitcoin Mining, meeting the following minimum general development standards:

a.

Shall only be located within a planned commercial or industrial development.

b.

Shall not be located within any S-2, S-3, or S-4 sensitive land protection districts.

c.

Shall meet all relevant development standards of any overlay districts they may be located within, including any airport overlay district restrictions.

d.

Exterior walls facing roads or residential properties shall not be all metal and shall consist of forty (40) percent stone or masonry facades.

e.

All exterior lighting shall be night-sky friendly.

f.

All mechanical equipment shall be fully screened with opaque fencing, per Section 407. Rooftop equipment shall be screened with parapets.

g.

Minimum building setback for any property line adjacent to residential properties shall be one hundred (100) feet for principal data center buildings. Otherwise, fifty (50) feet minimum from all property lines adjacent to nonresidential properties.

h.

Power transfer stations, generators and/or other appurtenances associated with data centers shall have a minimum fifty-foot-wide buffer between them and adjacent residential properties with evergreen plant material. Buffer plan to be approved by the community development director.

i.

Full utility availability statements including water, sewer, natural gas, and electricity shall be provided by all relevant utility companies at the time of the land disturbance permit.

j.

A closed-loop water (cooling) system is required, whenever possible.

k.

An acoustic/noise study is required at the time of the land disturbance permit. Acoustic/noise minimizing walls may be required on main buildings and shall be required around outdoor generator areas, regardless of any noise study. Minimum Tier 4F generators shall be used.

l.

All relevant fire marshal regulations shall apply.

m.

Compliance with data center decommissioning standards and processes set forth in Section 1405A.

C.

The following accessory uses are permitted in C-1C 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.

Shipping container, used in the normal course of business.

4.

Shipping container, temporary.

5.

Mobile food service unit, temporary.

6.

Integrated solar energy system.

D.

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

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.

3.

Solar energy system, ground-mounted, small scale.

4.

Rooftop solar energy system, meeting the following standards:

a.

Shall follow all building code structural standards (building permit required).

b.

Shall not exceed maximum allowable height of building.

c.

No indemnity bonding or decommissioning required.

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-1C districts by this section are specifically prohibited.

(Res. of 3-4-97, § 1; Res. of 7-16-97, §§ 37—39; Res. of 10-7-97, §§ 5, 6; Res. of 1-6-98, §§ 3, 4; Res. No. 99-01, § 4, 5-4-99; Res. No. A-01-06, §§ 23, 24, 5-7-01; Res. No. A-01-15, § 6 9-4-01; Res. No. A-01-20, § 4, 2-4-02; Res. No. A-03-03, § 5, 3-17-03; Res. No. A-10-02, § 13, 5-3-10; Res. No. A-17-01, § 5, 4-4-17; Res. No. A-18-03, § 4, 6-4-18; Res. No. A-19-02, §§ 19, 20, 4-15-19; Res. No. A-20-10, §§ 9, 10, 2-15-21; Ord. No. 2022-007, § 7, 10-3-22; Res. of 10-23-25 (1), §§ 23, 24; Res. of 11-20-25 (4), § 2)

_____

In addition to the development standards contained in Article 4 of this ordinance, the following standards are required within C-1C 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 forty (40) 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, 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 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, § 1; Res. of 10-7-97, §§ 22, 23; Res. No. A-01-13, § 6, 9-4-01; Res. No. A-01-16, § 6, 11-5-01; Res. No. A-04-11, §§ 13, 28, 6-7-04; Res. No. A-07-06, §§ 3, 4, 7-16-07)

A.

Decommissioning plan requirement: The owner or developer of a data center must submit a decommissioning plan to the Spalding County Community Development Department prior to the issuance of a building permit for a data warehouse.

B.

Plan contents: The decommissioning plan shall include, at a minimum:

1.

Timeline: A detailed timeline for the decommissioning process, including key milestones and estimated completion dates for each phase of the decommissioning activities.

2.

Equipment and material removal procedures: Specific procedures for the safe dismantling and removal of all equipment, materials, and structures from the data warehouse site. This should include methods for handling and transporting equipment to prevent damage and ensure safety.

3.

Hazardous materials management: Detailed methods for identifying, handling, and disposing of hazardous materials in compliance with federal, state, and local regulations. This should include a list of all hazardous materials present on-site and the procedures for their safe removal and disposal.

4.

Site remediation plan: A comprehensive plan for site remediation, including soil and groundwater testing, identification of any contamination, and proposed cleanup measures. This should also include a timeline for remediation activities and methods for monitoring and verifying the effectiveness of the remediation efforts.

5.

Site restoration plan: A detailed plan for restoring the site to a condition suitable for future use. This should include the removal of any remaining structures, re-vegetation, landscaping, and any other necessary measures to ensure the site is safe and aesthetically pleasing.

6.

Health and safety measures: Procedures to ensure the health and safety of workers and the surrounding community during the decommissioning process. This should include measures for dust control, noise reduction, and protection from hazardous materials.

7.

Compliance and reporting: A plan for ensuring compliance with all applicable regulations and the approved decommissioning plan. This should include procedures for regular reporting to the Spalding County Community Development Department, including progress reports and a final decommissioning report.

C.

Decommissioning compliance:

1.

Compliance during the decommissioning process will be monitored through several key methods to ensure that all activities adhere to the approved decommissioning plan and applicable regulations. Here are the primary methods:

a.

Regular inspections: The Spalding County Community Development Department will conduct regular inspections of the data warehouse site. These inspections will verify that decommissioning activities are being carried out according to the approved plan and identify any deviations or non-compliance issues early on.

b.

Progress reports: Developers are required to submit quarterly progress reports detailing the decommissioning activities completed during the reporting period. These reports will include summaries of work done, any deviations from the plan, reasons for deviations, and updated timelines for remaining activities. This ensures continuous oversight and accountability.

2.

Final report: Upon completion of the decommissioning process, developers must submit a comprehensive final report. This report will include a detailed account of all decommissioning activities, documentation of equipment and hazardous materials removal, evidence of site remediation and restoration, compliance certification, financial summary, and a community impact assessment.

3.

Documentation and record-keeping: Maintaining thorough documentation and records of all decommissioning activities is crucial. This includes records of equipment removal, hazardous materials disposal, site remediation efforts, and compliance with data protection regulations. Proper documentation ensures transparency and traceability.

4.

Third-party audits: In some cases, third-party audits may be conducted to provide an independent assessment of the decommissioning process. These audits can help verify compliance with regulations and industry standards, ensuring that all activities are performed responsibly and safely.

5.

Financial assurance:

a.

Decommissioning bond requirement: Developers must provide a decommissioning bond to cover the cost of decommissioning, removal, remediation, and mitigation of the property. The bond amount shall be adequate to ensure the complete decommissioning of the data warehouse and restoration of the site.

b.

Bond amount determination: The amount of the decommissioning bond shall be determined by the Spalding County Board of Commissioners based on an estimate provided by a qualified independent engineer. The estimate shall include:

i.

Costs for the removal of all equipment and materials.

ii.

Costs for the disposal of hazardous materials.

iii.

Costs for site remediation and mitigation, including soil and groundwater testing and cleanup if necessary.

iv.

Costs for site restoration, including re-vegetation and any necessary landscaping.

c.

Bond review and adjustment: The bond amount shall be reviewed and adjusted periodically, as determined by the Spalding County Board of Commissioners, to ensure it remains adequate to cover the decommissioning costs.

d.

Form of financial assurance: The financial assurance may be provided in the form of a bond, escrow account, letter of credit, or other financial instrument acceptable to the Spalding County Board of Commissioners. The form of financial assurance must be sufficient to cover the estimated costs of decommissioning, removal, remediation, and site restoration.

e.

Release of financial assurance: The financial assurance shall not be released until the Spalding County Community Development Department has verified that the decommissioning, removal, remediation, and site restoration have been completed in accordance with the approved decommissioning plan and all applicable regulations. A final inspection and approval by the Spalding County Community Development Department are required before the release of the financial assurance.

f.

Use of financial assurance: In the event that the developer fails to complete the decommissioning, removal, remediation, and site restoration as required, the Spalding County Board of Commissioners shall have the right to use financial assurance to cover the costs of completing the decommissioning process. Any remaining funds after the completion of the decommissioning process shall be returned to the developer.

g.

Reporting requirements:

i.

Progress reports: Developers must submit quarterly progress reports to the Spalding County Community Development Department during the decommissioning process. These reports shall include:

(1)

A summary of decommissioning activities completed during the reporting period.

(2)

Any deviations from the approved decommissioning plan and the reasons for such deviations.

(3)

An updated timeline for the remaining decommissioning activities.

ii.

Final report: Upon completion of the decommissioning process, developers must submit a final report to the Spalding County Community Development Department. The final report shall include:

(1)

Detailed account of decommissioning activities: A comprehensive description of all decommissioning activities performed, including the dismantling and removal of equipment, structures, and materials.

(2)

Documentation of removal and disposal: Records and receipts documenting the removal and proper disposal of all equipment, materials, and hazardous substances in accordance with federal, state, and local regulations.

(3)

Site remediation and restoration evidence: Evidence of site remediation and restoration efforts, including soil and groundwater testing results, photographs of the site before and after decommissioning, and any necessary environmental cleanup reports.

(4)

Compliance certification: A statement certifying that the decommissioning was completed in accordance with the approved decommissioning plan and all applicable regulations. This certification should be signed by a qualified independent engineer or environmental consultant.

(5)

Financial summary: A financial summary detailing the costs incurred during the decommissioning process, including the use of decommissioning bond funds.

(6)

Community impact assessment: An assessment of the impact of the decommissioning on the surrounding community, including any measures taken to mitigate negative effects and feedback from community stakeholders. This assessment should include:

(7)

Community engagement: Documentation of any community meetings or consultations held during the decommissioning process, including feedback received and how it was addressed.

(8)

Mitigation measures: Details of any measures taken to mitigate negative impacts on the community, such as noise reduction, traffic management, and dust control.

(9)

Post-decommissioning use: Information on the intended future use of the site and any plans for redevelopment or repurposing.

h.

Compliance and enforcement:

i.

Inspections: The Spalding County Community Development Department shall have the right to inspect the data warehouse site at any time during the decommissioning process to ensure compliance with the approved decommissioning plan and all applicable regulations. Inspections may be scheduled or unscheduled and shall include, but are not limited to, the following:

(1)

Initial inspection: An initial inspection to verify that the decommissioning plan is being followed and that all necessary preparations have been made.

(2)

Periodic inspections: Regular inspections throughout the decommissioning process to monitor progress and ensure ongoing compliance with the decommissioning plan.

(3)

Final inspection: A final inspection upon completion of the decommissioning process to verify that all activities have been carried out in accordance with the approved plan and that the site has been properly restored.

ii.

Penalties: Failure to comply with the decommissioning requirements may result in penalties, including fines and revocation of permits. Specific penalties may include:

(1)

Fines: Monetary fines imposed for each day of non-compliance or for specific violations of the decommissioning plan or applicable regulations.

(2)

Permit revocation: Revocation of permits issued for the data warehouse, which may result in the cessation of all decommissioning activities until compliance is achieved.

(3)

Legal action: The Spalding County Board of Commissioners may pursue legal action to enforce compliance with the decommissioning requirements, including seeking court orders to compel compliance or recover costs incurred by the county m completing the decommissioning process.

(4)

Bond call penalty: In the event that the Spalding County Board of Commissioners is required to call the decommissioning bond to complete the work, the developer shall be liable for an additional penalty. This penalty shall be equal to ten (10) percent of the bond amount and shall be used to cover administrative costs and any additional expenses incurred by the county in managing the decommissioning process.

(Res. of 11-20-25 (4), § 2)