AR-1 zoning districts are intended to establish and preserve low-to-medium density areas where agriculture is the primary land use. Residences, which may or may not be incidental to these activities, are also permitted. These districts are free from other uses which are incompatible with low-to-medium density agricultural and residential uses.

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

1.

Site-built, single-family detached dwelling with a heated floor area of at least one thousand five hundred (1,500) 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.

2.

Industrialized home, single-family detached dwelling with a heated floor area of at least one thousand five hundred (1,500) square feet.

3.

Conservation Subdivision.

4.

Local, state, or federal government building.

5.

Garden, crop growing.

6.

Publicly owned and operated park or recreation area.

7.

Agriculture.

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.

Shrubbery sales, greenhouses and plant nurseries (commercial), provided no heavy equipment shall be permitted.

10.

Reserved.

11.

Reserved.

B.

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

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.

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.

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.

b.

May include administrator's residence for private school.

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 (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.

6.

Airport, private—Paved or unpaved.

6'.

Airstrip, private as defined in section 202 that meets the following criteria:

a.

An area designated for the take-off and landing of private, noncommercial aircraft;

b.

No terminal facilities; and

c.

No scheduled take-offs and landings.

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.

Private club or lodge.

10.

Library.

a.

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

11.

Cemetery.

12.

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

a.

Minimum lot size: Three (3) acres;

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.

13.

Development of natural resources including the removal of minerals and natural materials. This includes appurtenant buildings and machinery. Such an activity must meet the following development standards:

a.

At the time of application for the building permit, the owners or operators of the quarry must present to the administrative officer documentation which confirms that a permit has been issued in accordance with the Georgia Surface Mining Act of 1968, as amended.

14.

Bed and breakfasts.

15.

Campground, religious.

16.

Privately owned park or recreation area, meeting the following development standards:

a.

Location on arterial or collector street: Any park or recreation area must be located on a street or road, arterial (section 202.JJJ.) or street or road, collector (section 202.KKK.);

b.

Required minimum frontage width: Two hundred (200) feet;

c.

Minimum lot size: Twenty (20) acres;

d.

Minimum setback:

i.

Structures to be used for events: One hundred (100) feet from each property line;

ii.

Other structures: Fifty (50) feet from each property line;

iii.

Athletic fields: Fifty (50) feet from each property line.

e.

Required buffer: Fifteen (15) feet along all side and rear property lines;

f.

Lighting: All lighting structures or facilities must have a minimum setback of fifty (50) feet from each property line and be constructed in a manner to not impact adjoining properties;

g.

Limitation of hours of operation: All outside events must commence after 8:00 a.m. and conclude prior to 11:00 p.m.;

h.

Parking: Parking facilities shall be provided as required in Appendix G, Standards for Off-Street Parking and Service Facilities, with all parking areas paved according to county standards and requirements;

i.

Ingress and egress: Entrances and exits, including acceleration or deceleration lanes, shall be provided by the developer as approved by the county;

j.

Compliance with commercial development ordinance: Any development shall be considered a commercial development and shall comply with the requirements of Appendix J, Commercial/Industrial Development Ordinance;

k.

Preapplication conference: Prior to filing a formal application for a privately owned recreation area, the applicant shall meet with the zoning administrator to review the general character of the proposed development and the applicant will be advised of the approval procedures and information required for approval;

l.

Development plan: A development plan shall be required for a privately owned recreation area pursuant to section 416;

m.

Summary of intent: A written statement shall be provided with the development plan which includes the following information:

i.

A statement of the present ownership of all land within the proposed development;

ii.

An explanation of the character of the development, including the types and densities of use and structures;

iii.

A statement of the proposed development schedule;

iv.

Agreements, provisions, and covenants governing the use and maintenance of the development, and any common or open space;

n.

Revision of development plan: Any change in the approved development plan, affecting the intent and character of the development, the density or land use pattern, or other substantial changes, must be approved by the board of commissioners upon the recommendation of the board of zoning appeals;

o.

Reversion of zoning approval: Approval shall be effective for two (2) years, however, if no construction has begun within that period or if the applicant fails to maintain the approved development schedule, approval of the special exception shall terminate.

17.

Riding academies and other facilities which host equestrian events, including but not limited to exhibitions or competitions where performers or competitors ride, rope, wrestle, or corral horses, cattle, swine, or other livestock or any other exhibitions or competitions involving livestock of any nature.

18.

Class A manufactured home with a heated floor area of at least one thousand five hundred (1,500) square feet.

19.

Nursing home/hospice, when associates with approved nursing homes.

20.

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 (8) 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.

21.

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 504 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.

22.

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

a.

Minimum lot area: As required by section 504(B);

b.

Minimum heated floor area: As required by section 504(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.

23.

Office (for commercial activity conducted off-premise) meeting the following development standards:

a.

Minimum tract size: Twenty-five (25) acres;

b.

Located within an existing building or structure;

c.

Persons employed on the premises for office use shall not exceed four (4);

d.

Office hours limited to 7:00 a.m. until 7:00 p.m.;

e.

The office must not change the agricultural and/or residential character of the property;

f.

Maximum office square footage: Two thousand (2,000) square feet;

g.

Outdoor storage associated with the office use is prohibited;

h.

Parking for the office use limited to side or rear yard;

i.

Equipment or vehicles related to the off-premises business are not allowed on site, except for personal vehicles of persons employed on the premises for office use; and

j.

Office use cannot create or generate increased traffic and/or noise, except for that associated with the use of personal vehicles of persons employed on the premises for office use.

24.

Event center, rural, meeting the following development standards:

a.

Minimum lot size: Twenty-five (25) acres;

b.

Must be located on a public, paved road;

c.

Maximum event size: Two hundred (200) guests;

d.

Setbacks: All structures (permanent or temporary) and all outdoor activities must be located two hundred (200) feet from any exterior property boundary;

e.

Hours of operation: No events may be conducted between 11:00 p.m. and 8:00 a.m.;

f.

Parking: Parking facilities shall be provided as required in Appendix G, Standards for Off-Street Parking and Service Facilities, with all parking areas paved according to county standards and requirements;

g.

Outdoor lighting: All lighting structures or facilities must have a minimum setback of fifty (50) feet from each property line and have full-cutoff fixtures with property line shields to prevent impact to adjoining properties;

h.

Noise: Noise shall be regulated by Part IX—Offenses, Chapter 4—Noise Abatement and Control;

i.

Sanitary facilities: As required by the Spalding County Health Department; and

j.

Submission of a site plan indicating the location of permanent and temporary structures and outdoor activities, which shall include a traffic control plan for the ingress and egress of emergency vehicles and the orderly and safe arrival and departure of all vehicles which shall be made a condition of approval.

25.

Barndominium that meets the following criteria:

a.

Minimum lot size: Five (5) acres;

b.

Minimum front yard setback: Two hundred (200) feet;

c.

Roof pitch of the dwelling with a minimum vertical rise of four (4) feet for each twelve (12) feet of horizontal run;

d.

A porch of a depth of at least six (6) feet located on the front of the structure with a roof pitch with a minimum vertical rise of three (3) feet for each twelve (12) feet of horizontal run;

e.

At least twenty-five (25) percent of each side of the structure shall be constructed of conventional exterior materials;

f.

Exterior columns and/or posts must be at least six (6) inches x six (6) inches in size, or greater if required by an applicable building code;

g.

All industrial or garage bay doors must be located on the side or back of the structure;

h.

The roof of the structure may be finished with a type of shingle commonly used in conventional residential construction or a metal consisting of 26 gauge steel or 0.040 aluminum standing seam.

C.

The following accessory uses are permitted in AR-1 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 an adjacent lot;

c.

Such a use must be terminated upon completion of construction.

11.

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

12.

Roadside stands for sale of agricultural products grown on the premises, but not to exceed five hundred (500) square feet in floor area.

13.

Home occupation, minor.

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.

Class B manufactured homes, provided that:

i.

The manufactures homes can only be accessory to an active farm with a minimum tract size of one hundred (100) acres.

ii.

Subject property must be classified as preferential assessment as defined in O.C.G.A. 48-5-7.1 with county board of tax assessors.

iii.

May only be used for housing employees of the farm.

iv.

Manufactured homes must be located a minimum of one hundred (100) feet from any property line.

16.

Foster home.

17.

Mother-in-law suite.

18.

Shipping container, temporary.

D.

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

1.

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 Spalding 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 Spalding County Health Department will provide required inspections of these systems during and upon completion of construction.

(d)

Upon certification from the Spalding 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 permittee 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.

2.

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 (1) 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 off 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 county 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 503.D.2.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.

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 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 503.D.2.c. through 503.D.2.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.

4.

Airport, private—Paved or unpaved.

5.

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.

6.

Home occupation, event center, rural, meeting the following development standards:

a.

Minimum lot size: Twenty-five (25) acres;

b.

Must be located on a public, paved road;

c.

Maximum event size: Two hundred (200) guests;

d.

Setbacks: All structures (permanent or temporary) and all outdoor activities must be located two hundred (200) feet from any exterior property boundary;

e.

Hours of operation: No events may be conducted between 11:00 p.m. and 8:00 a.m.;

f.

Parking: Parking facilities shall be provided as required in Appendix G, Standards for Off-Street Parking and Service Facilities, with all parking areas paved according to county standards and requirements;

g.

Outdoor lighting: All lighting structures or facilities must have a minimum setback of fifty (50) feet from each property line and have full-cutoff fixtures with property line shields to prevent impact to adjoining properties;

h.

Noise: Noise shall be regulated by Part IX—Offenses, Chapter 4—Noise Abatement and Control;

i.

Sanitary facilities: As required by the Spalding County Health Department; and

j.

Submission of a site plan indicating the location of permanent and temporary structures and outdoor activities, which shall include a traffic control plan for the ingress and egress of emergency vehicles and the orderly and safe arrival and departure of all vehicles which shall be made a condition of approval.

E.

All accessory uses must meet the following standards:

1.

They must be located in the side or rear yard, except on tracts of five (5) or more acres.

2.

They must be located within all setbacks applicable to development of the lot within the zoning district, provided that accessory uses may be located up to five (5) feet from the side and rear property lines.

3.

They may not be located in any front yard, except on tracts of five (5) or more acres.

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 AR-1 district by this section are specifically prohibited.

(Ord. No. 95-09, § 1, 7-10-95; Res. of 10-1-96, § 9; Res. of 4-15-97, §§ 1, 3; Res. of 5-6-97, § 1; Res. of 7-15-97, §§ 6—9; Res. of 10-7-97, § 2; Res. of 11-18-97, §§ 1, 2; Res. of 5-19-98, §§ 1, 2; Res. No. 98-22, § 1, 10-6-98; Res. No. 98-31, §§ 1, 2, 11-17-98; Res. No. 99-02, §§ 1, 2, 3-16-99; Res. No. A-99-12, §§ 1, 2, 4, 5, 1-3-00; Res. No. A-99-13, §§ 1—3, 11-16-99; Res. No. A-00-09, § 1, 6-5-00; Res. No. A-00-20, §§ 1, 5, 10-16-00; Res. No. A-01-01, §§ 1, 2, 3-19-01; Res. No. A-01-06, §§ 1, 2, 5-7-01; Res. No. A-01-12, § 2, 8-6-01; Res. No. A-01-18, § 3, 12-17-01; Res. No. A-01-17, §§ 2, 4, 6, 1-7-02; Res. No. A-03-18, § 1, 7-21-03; Res. No. A-03-32, § 4, 12-15-03; Res. No. A-04-03, §§ 1—3, 4-5-04; Res. No. A-05-18, § 1, 9-19-05; Res. No. A-05-17, §§ 1, 2, 4-3-06 ; Res. No. A-06-08, §§ 1, 2, 7-17-06; Res. No. A-07-07, § 1, 7-16-07; Res. No. A-08-03, § 1, 3-17-08; Res. No. A-08-04, §§ 1, 2, 3-3-08; Res. No. A-08-06, § 2, 5-5-08; Res. No. A-08-07, §§ 3—5, 7-7-08; Res. No. A-08-23, §§ 1, 2, 2-2-09; Res. No. A-09-02, § 1, 3-16-09; Res. No. A-09-06, § 1, 9-21-09; Res. No. A-09-08, § 1, 2-15-10; Res. No. A-10-02, § 1, 5-3-10; Res. No. A-10-03, § 1, 5-3-10; Res. No. A-11-04, § 2, 10-17-11; Res. No. A-12-01, § 2, 5-7-12; Res. No. A-15-02, § 2, 5-4-15; Res. No. A-15-07, § 2, 9-21-15; Res. No. A-17-04, §§ 1, 2, 7-17-17; Res. No. A-19-02, § 5, 4-15-19; Res. No. A-20-04, §§ 2, 3, 6-25-20 ; Res. No. A-20-08, §§ 3, 4, 10-5-20 ; Res. No. A-21-01, § 2, 6-21-21 )

_____

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

_____

H.

Minimum frontage width: Two hundred (200) feet, provided that 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 guard rail 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 open space: 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. The setback applicable to any other portion of the lot which abuts a street shall be a minimum of fifty (50) feet. 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 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 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 facilities are 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 for signs are contained in the Spalding County Sign Ordinance (Appendix E). Consult that document for specific requirements.

Y.

Subdivision prohibited: In order to maintain the rural quality of property located within AR-1 zones, subdivisions, as defined by the Zoning Ordinance of Spalding County, appendix A, the Spalding County Subdivision Ordinance, section 202(QQ) are prohibited. In addition thereto, any division of property within an AR-1 zone into five (5) or more tracts, irrespective of the size of any individual tract therein, shall comply with the requirements for preliminary and final plats set forth in the Zoning Ordinance of Spalding County, appendix A, the Spalding County Subdivision Ordinance, sections 404-405 and sections 408-410.

(Z)

Reserved.

(Res. of 10-7-97, §§ 3, 4; Res. of 5-19-98, §§ 1, 2; Res. No. 98-32, § 1, 12-2-98; Res. of 6-1-99, § 1; Res. No. A-99-12, §§ 1, 3, 6, 1-3-00; Res. No. A-01-13, § 10, 9-4-01; Res. No. A-01-17, §§ 8, 8A, 43, 1-7-02; Res. No. A-04-11, §§ 1, 16, 6-7-04; Res. No. A-04-21, § 1, 11-7-05; Res. No. A-06-05, § 1, 6-5-06; Res. No. A-20-05, § 1, 6-25-20 )