No building, structure, land, open space or water shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, structurally altered or maintained, and no new use or change shall be made or maintained of any building, structure, land open space or water, unless in conformity with all the regulations herein specified for the district in which it is located.

(Ord. No. 2024-17, 7-23-2024)

Any use not specifically permitted in the district shall be prohibited in that district, subject to the procedures herein for conditional use and variance. Regardless of the uses listed in each district, the following uses are prohibited in any district:

(1)

Construction and demolition (C and D) landfills.

(2)

Hazardous waste landfills.

(3)

Inert waste landfills.

(4)

Municipal solid waste landfills.

(5)

Medical waste landfills.

(6)

Explosives manufacturing.

(7)

Glue manufacturing.

(8)

Fertilizer manufacturing.

(9)

Paper mill.

(10)

Pulp mill.

(11)

Nuclear waste storage.

(12)

Waste reclamation/recycling/composting facilities, including but not limited to solid waste, human waste, food waste, animal waste and by products, and septage except as provided herein.

(Ord. No. 2024-17, 7-23-2024)

Within each district, the regulations set forth shall be minimum requirements and shall apply uniformly to each class or kind of building, structure or land.

(Ord. No. 2024-17, 7-23-2024)

If the regulations for each district created herein do not establish a maximum height then no building or structure shall hereafter be erected, constructed or altered, except as otherwise specifically exempted in these regulations, to exceed the height of 75 feet; provided, however, that the board of commissioners may permit buildings and structure to exceed these height limitations upon approval of a conditional use or variance as specified in these regulations. The height limitation herein shall not apply to any district that provides for a maximum height in that district.

The height limitations established herein shall not apply to chimneys, smoke stacks, church spires and steeples, dome, flag poles, public monuments, electricity transmission towers, utility poles and similar structures.

(Ord. No. 2024-17, 7-23-2024)

No building or structure shall be erected or use established unless upon a lot of record as defined by these regulations as otherwise provided herein.

(Ord. No. 2024-17, 7-23-2024)

(a)

Only one principal building and its accessory building may hereafter be constructed on any one lot intended for use under two acres; provided, however, that more than one multiple dwelling, office, institutional, commercial or industrial building, or agricultural buildings or structures may be located upon a lot subject to setbacks and separation as provided in these regulations.

(b)

Properties greater than two acres in size may have one additional principal structure allowed by right provided, however that they are subject to setbacks and separation as provided in these regulations. Any additional principal uses beyond those specified here shall be allowed only by approval of a variance.

(Ord. No. 2024-17, 7-23-2024)

No principal building shall be located closer than 20 feet to another principal building.

(Ord. No. 2024-17, 7-23-2024)

No lot shall be reduced, divided or changed in size so that lot width, size of yards, lot area per dwelling or any other requirement of these regulations is not maintained, unless said reduction is necessary to provide land which is acquired for a public purpose.

(Ord. No. 2024-17, 7-23-2024)

No building or structure shall hereafter be constructed on an existing lot that does not abut for at least 30 feet on a public street. To meet this requirement the lot must have a minimum of 30 feet of frontage on the public street or have easement access with a minimum of 30 feet of frontage on a public street.

(Ord. No. 2024-17, 7-23-2024; Res. No. 2025-03, 1-28-2025)

Panhandle or flag lots of a required width and area may be allowed by approval and signature of the planning director on an approved plat where the terrain makes standard design or frontage impossible or impractical. Where such lots are allowed, the street frontage of each panhandle access shall be not less than 30 feet wide and the length of the panhandle or flag portion of the lot shall not exceed greater than half the lot width requirements of the subject parcel's zoning designation. Not more than two such panhandle access points shall abut each other and no more than three total shall be allowed to be subdivided from a parent parcel. All panhandle or flag lots shall meet all other area and width requirements of the Stephens County Land Use Ordinance.

(Res. No. 2025-03, 1-28-2025)

Accessory buildings and uses shall be permitted only in side or rear yards, except as otherwise provided by these regulations. An accessory building is a building that is used for another purpose other than the purpose of the principal building. A principal building is a building or combination of buildings for chief importance or function on a lot. In general, the principal use is carried out. Accessory buildings and uses shall be permitted only if they meet the following:

(1)

No more than three accessory buildings shall be permitted on a residential lot.

(2)

Accessory buildings and uses shall be setback a minimum of ten feet from any property line.

(3)

Where an accessory building is structurally attached to the principal building, it shall be subject to and must conform to all regulations applicable to the principal building.

(4)

In the case of double frontage lots, accessory buildings shall observe front yard requirements on both streets.

(5)

No accessory building on a residential district lot shall exceed a height of 50 feet.

(6)

Detached buildings shall be located a minimum of ten feet from the principal building on a lot.

(Ord. No. 2024-17, 7-23-2024; Res. No. 2025-03, 1-28-2025)

The following specified structures shall conform to the following regulations:

(1)

Gasoline pumps. Gasoline pumps and pump islands shall be setback a minimum of 30 feet from public right-of-way and property lines.

(2)

Canopies. Canopies and other attached or detached structures intended for cover shall be setback a minimum of 15 feet from any public right-of-way and property line.

(3)

Temporary offices in mobile or manufactured homes. Mobile or manufactured homes may be used for a temporary construction office for a licensed contractor in any district, upon issuance of a permit by the planning director. Said permit shall be temporary for a period of one year, but renewable as needed.

(4)

Temporary structures. Temporary structures shall not be permitted in any district except when they are used in conjunction with construction work or pending completion of a permanent building. Such structure shall be used for a period not to exceed one year and shall be removed when construction of the permanent structure is completed.

(Ord. No. 2024-17, 7-23-2024; Res. No. 2025-03, 1-28-2025)

A home occupation as defined by these regulations shall conform to the following requirements:

(1)

The home occupation shall be clearly incidental and secondary to the residential use of the dwelling and shall not change the residential character of the building or lot.

(2)

Only residents of the dwelling and one person not related by blood or marriage to the resident may be engaged in the home occupation.

(3)

No storage of products or materials shall be visible from the adjoining street of adjacent properties.

(4)

No external alterations of the dwelling solely for the accommodation of a home occupation are permitted.

(5)

Any chemical, electrical or mechanical equipment that is normally a part of domestic or household equipment may be used for a home occupation. Commercial equipment that is required by a home occupation may be used providing that: (1) it does not pose a health, noise or safety hazard and (2) the commercial equipment being used is approved by the planning director for home occupations.

(6)

An occupation tax certificate shall be obtained, if required by the county, prior to the operation of any home occupation. Said occupation tax certificate shall require approval by the planning director.

(7)

The following uses are allowable as home occupations in a residential district:

a.

Tutoring, consultation and instruction in music, dance, arts, crafts and similar subjects, limited to two students at one time;

b.

Day care center serving six or less persons;

c.

Professional services (i.e., attorneys, architects, accountants, realtors, insurance and travel agents);

d.

Secretarial services and answering services;

e.

Mail order and general offices not involving storage of equipment, materials or vehicles;

f.

Phone solicitations;

g.

Beauty salons and barber shops limited to two patrons at one time;

h.

Food catering;

i.

Any other home occupation that the planning commission and/or board of commissioners deem to otherwise meets the requirements in this section and any other requirements set forth in this chapter and are harmonious with the residential character of the district.

(8)

The following uses are specifically prohibited as home occupations in any residential district: cabinet shops or metal cutting; doctors, dentists or other medical professionals; automotive repair or related work.

The failure of a home occupation licensee to comply with any of the above conditions shall be reasonable grounds for revocation of a home occupation license.

(Ord. No. 2024-17, 7-23-2024; Res. No. 2025-03, 1-28-2025)

No fence, wall, sign, hedge or planting which obstruct the sight lines at elevation between two and 12 feet above any roadway shall be placed or permitted to remain on any corner lot within the triangular area formed by the street right-of-way lines, or such lines extended, and a line connecting such right-of-way lines at points 25 feet from the intersection of the right-of-way lines. (Barbed wire or hog wire fences are exempt).

(Ord. No. 2024-17, 7-23-2024; Res. No. 2025-03, 1-28-2025)

Telecommunications facilities are governed by chapter 75 of the Code of Stephens County, Georgia. Towers other than personal wireless service facilities (PWSF)/telecommunications facilities are governed by chapter 74 of the Code of Stephens County, Georgia.

(Ord. No. 2024-17, 7-23-2024; Res. No. 2025-03, 1-28-2025)

In recognition that the conditional uses set forth in the land use districts herein are not exhaustive and that other similar and compatible uses may be appropriately considered for a conditional use in a particular district the planning commission and board of commissioners may consider other uses for conditional use approval if said use(s) meet the criteria for conditional uses in section 59-1608, meet any other requirements imposed herein and otherwise are deemed compatible and harmonious with other permitted, conditional and existing uses in that land use district.

(Ord. No. 2024-17, 7-23-2024; Res. No. 2025-03, 1-28-2025)

No proposed plat of a subdivision, nor any plat of re-subdivision, shall hereafter be approved by the board of commissioners or by the planning commission unless the lots within such plat equal or exceed the minimum size and width requirements set forth in the various zoning districts in these regulations and unless such plat fully conforms with the statutes of the State of Georgia and regulations of the board of commissioners.

(Ord. No. 2024-17, 7-23-2024; Res. No. 2025-03, 1-28-2025)

If two adjoining properties are in dissimilar districts, and the property owner in the more intensive district is acquiring a building permit, then this property owner is required to provide the buffer, unless the buffer was pre-existing. The buffer width/depth between dissimilar districts shall increase as the use intensities between the districts increase.

If two adjoining vacant properties are in dissimilar districts, and the property owner in the less intensive district is acquiring a building permit, then no buffer is required.

(Ord. No. 2024-17, 7-23-2024; Res. No. 2025-03, 1-28-2025)

For the purpose of this article and section, fences shall not be considered structures or buildings. Fences are excluded from the regulations provided herein. Also, for the purpose of this article and section, signs and billboards shall not be considered structures or buildings as defined herein. All regulations and requirements for signs and billboards are set forth in the Stephens County Sign Ordinance and are not governed by this land use regulation ordinance.

(Ord. No. 2024-17, 7-23-2024; Res. No. 2025-03, 1-28-2025)