Office and Institutional (O&I) zoning districts are intended to establish and preserve districts for lower density office activities, along major arterials, with a mix of certain compatible residential activities also permitted. In many cases this district may be appropriate to provide a transition from residential uses to commercial or industrial uses along major arterials. O&I development standards require adequate yard space and off-street parking and service facilities. Permitted uses are restricted and protected from encroachment by uses capable of adversely affecting the limited character of the district.

The official map (Section 2301 of this ordinance) shows the boundaries of all O&I districts within Spalding County. Article 23 also contains additional information concerning interpreting distinct boundaries, amending boundaries, etc.

A.

The following principal uses are permitted in O&I districts:

1.

Site-built, single-family detached dwelling with a heated floor area of at least one thousand (1,000) square feet.

2.

Industrialized home with a heated floor area of at least one thousand (1,000) square feet.

3.

Reserved.

4.

Animal hospital.

5.

Local, state, or federal government building.

6.

Family personal care-home as defined in section 202 BBB.1. that meets the following criteria:

a.

Minimum lot size: As required by section 1904 B.;

b.

Minimum house size:

i.

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

ii.

For no more than four (4) residents: One thousand five hundred (1,500) square feet.

iii.

For no more than six (6) residents: Two thousand (2,000) square feet.

iv.

For no more than eight (8) residents: Two thousand five hundred (2,500) square feet.

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 personal care home;

e.

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

7.

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 1904(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.

8.

Group home, transitional as defined in section 202(KK''') that meets the following criteria:

a.

Minimum lot size: One (1) acre;

b.

Minimum house size:

i.

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

ii.

For no more than three (3) residents: One thousand five hundred (1,500) square feet, with at least one (1) bathroom;

iii.

For no more than six (6) residents: Two thousand (2,000) square feet, with at least two (2) bathrooms;

iv.

For no more than nine (9) residents: Two thousand five hundred (2,500) square feet, with at least three (3) bathrooms.

c.

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

d.

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

e.

Occupancy requirements:

i.

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

9.

Intermediate care home.

10.

Clinic.

11.

Nursing home.

12.

Hospital.

13.

Professional or business office meeting the following development standards:

a.

No wholesale or retail merchandise may be offered for sale.

14.

Club or lodge.

15.

Retail uses in conjunction with and normally appurtenant to office/institutional uses—Including florist shop, cafeteria, snack shop, pharmacy, hair salon, or gift shop when located within an office or medical building.

16.

Publicly owned and operated park or recreation area.

17.

Cemetery.

18.

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 1904 are waived, except for J., M., T., and X.

19.

Bed and breakfasts.

20.

Funeral homes.

21.

Day care center meeting the following development standards:

a.

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

b.

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

22.

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 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.

23.

Hospice.

B.

The following principal uses are permitted as special exceptions in O&I districts:

1.

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.

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

f.

Reserved.

2.

Reserved.

3.

School—Elementary, middle, high—Public or private.

a.

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

4.

Golf course—Public or private—Meeting the following development standards:

a.

It must be for daytime use only;

b.

All buildings, greens, and fairways must be set back at least one hundred (100) feet from any property line.

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. 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 I.

6.

Airport—Public, private, or commercial—Paved or unpaved.

7.

Ambulance or emergency service.

a.

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

8.

Kennel of a commercial nature meeting the following development standards:

a.

All structures must be set back two hundred (200) feet from all property lines.

9.

Reserved.

10.

Library.

a.

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

C.

The following accessory uses are permitted in O&I 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.

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

7.

Reserved.

8.

Tower, domestic or antenna, domestic.

9.

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 an adjacent lot.

c.

Such a use must be terminated upon completion of construction.

10.

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

11.

Shipping container, temporary.

12.

Mobile food service unit, temporary.

D.

The following accessory uses are permitted as special exceptions in O&I districts:

1.

Home occupation, excluding public garage and repair garage.

2.

Manufactured home for temporary use at a non-residential construction site meeting the following development standards:

a.

The procedure for applying for a special exception permit for a temporary manufactured home at a construction site is as follows:

(a)

Plans for a water/well and sewage/septic system suitable for the principal building proposed to be constructed on the site must be submitted to the Spalding County Health Department for its review and approval.

(b)

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

(c)

Upon approval of the administrative officer and receipt of the building permit, the owner should proceed with construction of the proposed water and sewage systems. The county health department will provide required inspections of these systems during and upon completion of construction.

(d)

Upon certification from the county health department that the water and sewage systems have been properly installed according to approved plans, the owner will be eligible to apply for the special exception permit for temporary use of a manufactured home at the construction site until the principal building is complete.

(e)

Application should be made to the administrative officer for the special exception permit for temporary use of a manufactured home at a construction site.

(f)

The administrative officer 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 permit.

(g)

The administrative officer will consider such applications, and upon determining that all requirements have been met for such a permit, will issue the permit.

b.

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

(a)

It is allowed only in conjunction with a valid building permit which has been issued for the principal building to be placed on the lot.

(b)

It is temporary and valid only for a specified period of time.

(c)

The valid period of the permit will be set to expire on the same date that the certificate of occupancy for the principal building on the site is issued.

(d)

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.

(e)

In the event that construction of the principal building on the lot has been well underway, but the building is not yet completed and approved for occupancy when the building permit and accompanying temporary special exception expire after twelve (12) months, the permit may apply to the administrative officer for an extension of the two (2) permits. The administrative officer will assess the situation and, at his discretion, may extend both permits for a period of up to twelve (12) months in addition to the original period for which the permits were valid. In no case will a temporary manufactured home be allowed to remain for a period in excess of twenty-four (24) months.

c.

During its period of approval, the temporary manufactured home must be connected to the approved water and sewage systems for the principal building. No other water or sewage systems are permitted on the site.

d.

Upon approval of the principal building for occupancy, the temporary manufactured home must be disconnected from the water and sewage systems and occupancy of the temporary manufactured home must cease.

e.

The temporary manufactured home must be removed within thirty (30) days of either the issuance of the certificate of occupancy for the principal building or the expiration of the special exception permit for the temporary manufactured home, whichever is earlier.

f.

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

g.

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

h.

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

E.

All accessory uses must meet the following standards:

1.

They must be located in the rear yards.

2.

They must be located at least five (5) feet from any property line.

3.

They may not be located in any front or side 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.

F.

All uses not permitted within O&I district by this section are specifically prohibited.

(Res. of 10-1-96, § 4; Res. of 7-15-97, §§ 46—49; Res. of 5-19-98, § 1; Res. No. A-03-09, §§ 1—3, 5-5-03; Res. No. A-05-15, § 1, 8-15-05; Res. No. A-08-04, §§ 18—21, 3-3-08; Res. No. A-08-06, § 4, 5-5-08; Res. No. A-08-19, §§ 1, 2, 10-6-08; Res. No. A-08-20, § 1, 10-6-08; Res. No. A-08-23, §§ 18—21, 2-2-09; Res. No. A-09-02, § 12, 3-16-09; Res. No. A-10-02, § 15, 5-3-10; Res. No. A-11-04, § 3, 10-17-11; Res. No. A-19-02, § 27, 4-15-19; Res. No. A-20-10, §§ 15, 16, 2-15-21 ; Ord. No. 2022-007, § 14, 10-3-22)

_____

H.

Minimum frontage width: Each lot shall have minimum frontage width of at least two hundred (200) feet where public water and sewer are not available. Where public water, but no public sewer, is provided, the minimum frontage shall be reduced to one hundred twenty-five (125) feet. Where public water and public sewer are provided, the minimum lot width may be reduced to one hundred (100) feet.

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.

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 has the greatest linear road frontage.

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, §§ 28, 29; Res. of 5-19-98, §§ 17, 18; Res. No. A-04-11, §§ 15, 30, 6-7-04)