13-1.1. Authorization. The planning and design commission may authorize, under conditions prescribed herein, special use exceptions in specified zoning districts. However, the planning and design commission reserves full authority to deny any request for such a use as it deems appropriate to protect the general health, safety and welfare of the city and its citizens.

13-1.2. Special use exceptions. The following special use exceptions may be permitted in any zone (except as noted) where such uses are deemed essential or desirable to the public convenience or welfare and are in harmony with the various elements or objectives of the future land use plan:

(a)

Churches and other places of worship (not permitted in central business district as defined in section 8-3002-2). Within said central business district, a use shall not be considered a "church or other place of worship" if there is no established business office of the religious organization on the premises and meetings of the regions organization occur on the premises on a frequency less than 12 times annually;

(b)

Public and private schools which offer general educational courses (not permitted in central business district as defined in section 8-3002-2).

(c)

Buildings used by federal, state, county or city governments.

(d)

Parks, public and semipublic grounds for games and sports.

(e)

Clubs, lodges, civic and fraternal organizations, community centers, and meeting houses or halls (not permitted in central business district as defined in section 8-3002-2). Within said central business district, a use shall not be considered a club, lodge, civic organization, fraternal organization, community center, meeting house or meeting hall if there is no established business office for the organization on the premises and meetings of any such organization occur on the premises on a frequency of less than 12 times annually.

(f)

Public utilities, distribution lines, transformer stations, water tanks and towers and telephone exchanges, provided that when these uses are located in a residential area:

(1)

No vehicles or equipment are stored on the premises.

(2)

All district yard requirements are met.

(3)

The lot is suitably landscaped.

(4)

All such uses are designed so as not to cause interference with radio and television reception.

(g)

Rest homes, convalescent homes, orphanages, sanitariums and hospitals (not permitted in R-1 zone or in central business district as defined in section 8-3002-2).

(h)

Funeral homes (not permitted in R-1 zone or in central business district as defined in section 8-3002-2).

(i)

Cemeteries (not permitted in R-1 zone or in central business district as defined in section 8-3002-2).

(j)

Day nurseries and kindergartens (not permitted in R-1 zone or in central business district as defined in section 8-3002-2).

(k)

Personal care homes (not permitted in R-1 zone or in central business district as defined in section 8-3002-2).

(l)

Commercial leasing in R-1 zones for weddings, receptions, social gatherings and business meetings for properties having at least five acres under single ownership. All parking must be off street parking; there shall be no on-site advertising of any kind; and outdoor lighting must be ample; said requirements being in addition to all other requirements provided for in other parts of this Code.

13-1.3. Planning and design commission consideration and decision. The planning and design commission shall hold a public hearing on all applications for special use exceptions and consider the merits of the applications. In making a determination to grant or deny the special use exception, the planning and design commission shall use the following general guidelines for its inquiry:

(a)

The effect of the proposed activity on traffic flow along the joining streets.

(b)

The location of off-street parking facilities.

(c)

The number, size and types of signs proposed for the site.

(d)

The amount and location of open space.

(e)

Protective screening.

(f)

Hours and manner of operation of the proposed use.

(g)

Outdoor lighting.

(h)

Ingress and egress to the property.

(i)

Compatibility with surrounding land use.

After hearing testimony from all interested parties, the planning and design commission shall have 30 days to render its decision. When granting a special use exception, the planning and design commission shall instruct the building inspector to issue a building permit. When an application for special use exception is disapproved, the applicant shall be notified in writing with reason for disapproval.

13-1.4. Notice of public hearing. Prior to the public hearing on the proposed special use exception, the building inspector shall cause to be conspicuously located on or adjacent to the property affected, a sign of not less than nine square feet, with not less than three-inch black letters upon a white background which shall read as follows:

NOTICE TO THE PUBLIC

An application for special use exception has been filed with the planning and design commission requesting that this property be permitted for use as a (insert special use). A public hearing will be held at (insert place) on (date) at (time). All those in favor [of] or objecting to this special use exception should be present to voice their support or objection.

Such notice shall be posted at least 15 days prior to the hearing.

13-1.5. Submission requirements. An application shall be submitted to the building inspector at least 15 working days prior to the date of the planning and design commission meeting at which it is considered. Applications shall, at a minimum, contain such information as prescribed in section 8-3015-2.2.

(Ord. No. 456, § 2, 12-15-09)

No structure hereinafter shall be erected nor any of the uses listed in this section shall be established unless at least the minimum number of automobile parking spaces as specified in this section are provided. Each automobile parking space, along with its necessary maneuvering space, shall have an area of at least 300 square feet. If the required automobile parking or storage space cannot be provided on the same lot on which the principal use is located, the planning and design commission may permit such space to be provided on other off-street property, provided such space is within five 500 feet of such principal use. Such spaces shall be associated with the permitted use and shall not thereafter be reduced or encroached upon in any manner. All off-street parking and storage space except for single-family residential uses shall be designed and arranged so as to prevent vehicles from backing onto a public street, road or highway.

13-2.1. Auto sales and repair: One space for each 150 square feet of auto repair or maintenance space.

13-2.2. Churches, synagogues or other places of worship: One space for each four seats in the main assembly room or sanctuary.

13-2.3. Gasoline filling stations: Three spaces for each grease rack or similar facility, plus one space for each employee on the shift with the highest employment.

13-2.4. Hospitals, nursing homes or similar institutions: One space for each two beds intended for patients, not including bassinets, plus one space for each three employees on the shift with the highest employment.

13-2.5. Industries: One space for each three employees on the shift with the highest employment.

13-2.6. Funeral homes: One space for each four seats in the chapel, one additional space for each two employees, one additional space for each resident family, and one additional space for each funeral vehicle.

13-2.7. Motels, hotels, rooming and boarding houses or similar uses: One space for each room to be let, plus one space for each two employees on the shift with the highest employment.

13-2.8. Offices, including banking institutions, but excluding doctor's and dentist's offices: One space for each 300 square feet of gross floor area.

13-2.9. Offices for doctors and dentists: Seven spaces for each doctor or dentist.

13-2.10. Places of public assembly, lodges and clubs: One space for each four seats of maximum seating capacity in the main assembly room.

13-2.11. Restaurants or similar eating establishments: One space for each four seats for patron use and one additional space for each two employees on the shift with the highest employment.

13-2.12. Residences, single-family, duplex and multifamily: Two spaces for each dwelling unit.

13-2.13. Retail and services businesses: One space for each 300 square feet of sales floor area.

13-2.14. Schools, elementary, junior high and middle schools: One space for each classroom and administrative office.

13-2.15. Schools, senior high and vocational schools: One space for each four seats in the main auditorium or assembly room.

13-2.16. Shopping centers: One space for each 150 square feet of gross floor area.

13-2.17. Wholesaling and warehousing: One space for each three employees on the shift with the highest [number of] employees.

The off-street parking regulations shall not apply to structures or uses within the central business district (as defined in section 8-3002-2), where public parking is available, except for uses which require 12 or more parking spaces under the off-street parking regulations, or for event venues that have been granted a special use exception under section 13-1.2(j) of Appendix B—Zoning.

(Ord. No. 456, § 1, 12-15-09; Ord. No. 513, 4-2-24)

Every building or structure used for business, trade or industry shall provide space as indicated herein for the loading and unloading of vehicles off of a street or public alley. Such space shall have access to a street or alley and shall be designed and arranged so as to prevent vehicles from backing onto a public street, road or highway.

13-3.1. Retail business and services: One space, ten by 25 feet, for each 20,000 square feet of total floor area or fraction thereof.

13-3.2. Wholesale and industry: One space, ten by 50 feet, for each 10,000 square feet of floor area, plus one additional space for each 60,000 additional square feet of total floor area or fraction thereof.

13-3.3. Bus and truck terminals: Sufficient space to accommodate the maximum number of vehicles to be stored or to be loading or unloading at the terminal at any one time.

13-4.1. Single lots. Where the owner of a lot at the time of adoption of this ordinance or his successor in the title thereto does not own sufficient land to enable him to conform to the dimensional requirements of this ordinance, such lot may be used as a building site for a single-family residence in a district where residences are permitted, providing other requirements not including area and width or both shall conform to the regulations of the district in which the lot is located.

13-4.2. Adjoining lots. If two or more adjoining lots with continuous frontage are in a single ownership at any time after the adoption of this ordinance and such lots individually are too small to meet the yard, width and area requirements of the district in which they are located, such groups of lots shall be considered as a single lot or several lots of minimum permitted size and the lot or lots in one ownership shall be subject to the requirements of this ordinance.

13-5.1. [Width.] Corner lots shall be 20 percent wider than interior lots in order to meet minimum front yard requirements on all sides adjacent to a street.

13-5.2. Vision clearance. On any corner lot, no fence, sign or other structure, planting, or other obstruction to vision above three feet above the established street grades shall be erected or maintained within the line connecting points on the street right-of-way line 20 feet distant from the corner.

On each double frontage lot, front yard requirements set forth in article 12 shall be observed for the principal and/or accessory buildings on each street.

The minimum yard requirements set forth in article 12 shall not be construed as prohibiting the conversion of an existing building which does not meet said yard requirements to another permitted use, as long as no further encroachment is made into the existing yard.

The setback requirements of this ordinance for dwellings shall not apply to any lot where the average existing setback line on lots located wholly or in part within 200 feet on each side of such lot, within the same block and zoning district and fronting on the same side of the street or road as such lot, is less than the minimum setback required. In such cases, the setback on such lots may be less than the required setback, but not less than the average setbacks of the aforementioned lots, counting any undeveloped frontage as if it were developed at the required setback distance from the street, and in no case shall [be] less than ten feet from the street or right-of-way.

The height limitations of this ordinance shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy, monuments, water towers, observation towers, transmission towers, television towers, radio towers, conveyers, flagpoles, chimneys, masts, aerials and similar structures.

In the event that a screen wall, fence, planted dividing strip or other type of buffer is required by this ordinance for any use, or is required by the planning and design commission, such screen, fence, etc., will be subject to periodic inspection by the building inspector to determine that such required screen, fence, etc., are properly maintained. In the case of landscaping, all planted material shall be maintained in a healthy, growing condition, neat and orderly in appearance. Failure to maintain such required screen, fence, etc., to an acceptable standard may be deemed a violation of this ordinance.

For the purpose of this ordinance, a high-rise structure is defined as a structure having four or more stories. The high-rise structure shall comply with the following minimum standards:

13-11.1. Minimum lot sizes as required by, and maximum height as limited by, article 12 shall not apply, provided the other requirements listed below are met.

13-11.2. Minimum yard requirements of article 12 shall be met. However, in no case shall any front, side or rear yard be less than 25 feet.

13-11.3. All off-street parking and loading requirements shall be met, as required by sections 8-3013-2 and 8-3013-3.

13-11.4. Maximum lot coverage for high-rise structures containing residential units shall be not more than 30 percent. Maximum lot coverage for high-rise structures containing no residential units shall be not more than 50 percent.

13-11.5. Elevators or escalators shall be provided.

13-11.6. Residential density shall not exceed 50 residential units per gross acre.

13-11.7. All fire codes and other codes relating to high-rise structures shall be met.

Day nurseries and kindergartens shall comply with the following minimum standards:

13-12.1. A fenced play area of no less than 100 square feet shall be provided for each child. No play area shall be closer than 20 feet to any residential lot line.

13-12.2. A solid wall or vegetative screening which furnishes equal protection against noise shall be provided when determined to be appropriate by the building inspector.

13-12.3. Facilities, operation and maintenance shall meet all requirements of the Screven County Health Department and the Georgia Department of Human Resources, Division of Community Services.

13-12.4. An area adequate for loading and unloading children to be accommodated shall be provided and such area shall not be located within any public right-of-way.

This section is intended to regulate the use of signs, billboards and other outdoor advertising structures.

13-13.1. General provisions. In any zoning district the following shall apply:

(a)

Signs may be erected within required front yard setbacks.

(b)

No portion of any sign shall overhang any public right-of-way.

(c)

No sign shall be erected or maintained in a manner which materially impedes visibility of or from automobiles or pedestrians, or which creates a traffic safety hazard.

(d)

Signs which imitate warning signals or emergency flashing lights or could otherwise be confused with an authorized traffic control or emergency sign, signal or device are prohibited.

13-13.2. Types of signs not subject to regulations. The following types of signs are not subject to sign regulations outlined in this section:

(a)

Signs not exceeding one square foot in area and bearing only property numbers, post office route and box numbers or names of occupants on premises.

(b)

Flags and insignias of any government, except when used as part of commercial display or advertisement.

(c)

Legal notices, identification, informational or directional signs erected by governmental bodies or required to be erected by governmental bodies.

(d)

Integral decorative or architectural features of buildings or grounds except letters, trademarks, moving parts, moving or apparently moving lights or advertising in any form.

(e)

Signs directing and guiding traffic on private property, but bearing no advertising matter.

13-13.3. Temporary signs. Temporary signs are permitted in any zone, provided that they are nonilluminated and conform to the following provisions:

(a)

Temporary signs, not exceeding 40 square feet in area, announcing a land subdivision development are permitted on the premises of the subdivision. Such signs shall be set back not less than ten feet from any street right-of-way or from any property line, and shall be spaced not less than 300 feet apart. Such signs shall be kept in a good state of repair and shall be removed no later than 30 days after such time as 75 percent of the lots are conveyed.

(b)

One sign, not exceeding 60 square feet in area, and displaying the names of the building, the contractors, the architects, the engineers, the owners, and the financial, selling and development agencies, is permitted upon the premises of any work under construction, alteration or removal. The sign shall be removed no later than 30 days after completion of the project.

(c)

Signs, not exceeding 15 square feet in area, and displaying the names of house painters, craftsmen, contractors and others involved in the repair, remodeling or improvements are permitted on the premises on which the work is taking place. The signs shall be removed no later than seven days after the completion of the work.

(d)

In advertising any property for sale, rent or lease, temporary signs may be erected. Such signs shall not exceed a surface area of five square feet per 100 feet of street frontage.

13-13.4. Signs in residential zones. In residential zones the following regulations shall apply:

(a)

For home occupations or professional offices located in residences: One nonilluminated sign, not to exceed two square feet of sign area, is permitted.

(b)

For group housing developments, apartments or other multifamily residences, one identification sign, not to exceed 30 square feet, is permitted for each separate street frontage.

(c)

For other permitted nonresidential uses:

(1)

Not more than two identification signs with combined surface area not exceeding 20 square feet; plus

(2)

Not more than two bulletin or notice boards with combined surface area not exceeding 30 square feet.

(d)

In single-family or duplex subdivisions, not more than two permanent identification signs are permitted per entrance totaling not more than 30 square feet.

13-13.5. Signs in other zones. In all other zones, not more than two sign structures, with combined sign surface area not to exceed one square foot per foot of street frontage, is [are] permitted for each separate street frontage.

13-14.1. Required separation between commercial and/or industrial and residential lots. When the rear or side lot line of a lot zoned and used for commercial or industrial purposes adjoins the rear or side lot line of a lot zoned or used for residential purposes, the commercial or industrial development shall comply with the following requirements:

(a)

The required setback line for buildings on the commercial or industrial lot shall be increased to 20 feet from the property line of the residential lot.

(b)

A vision screening buffer shall be provided along the rear or side lot line used and zoned for commercial or industrial purposes. This buffer shall consist of a vegetative, opaque screen designed to be at least six feet deep and eight feet tall at maturity, a solid wall or fence at least eight feet tall, or any combination of the above as deemed necessary by the building inspector.

(c)

These provisions shall not apply when the aforesaid side or rear lot lines do not meet due to the presence of a street, easement, watercourse or other right-of-way greater than 25 feet in width. In such cases, said street, easement, watercourse or other rights-of-way shall be deemed as a sufficient buffer for the purposes of this ordinance.

(d)

The required setback line in an R-1, R-2 or R-3 district for a church building, Sunday school building, church education building or an accessory building to a church customarily incidental to the primary use as a church shall be at least 50 feet from any property line, whether the same be front, side or rear property line. Additionally, there shall be an evergreen planted buffer strip at least 10 feet wide and eight feet high along the side and rear property line.

13-14.2. Parking setbacks adjacent to residential uses. Parking facilities shall not be permitted in the side and rear yard setbacks for a distance of four feet from the property line for lots in residential districts.

13-14.3. Recreational facilities adjacent to residential uses. Outdoor recreational facilities which are adjacent to lots which are zoned or used for residential purposes shall comply with the following standards:

(a)

No swimming pool, playground, miniature golf course, ball field or game court shall be located closer than 50 feet from the property line of a lot zoned or used for residential purposes.

(b)

No lighting shall be installed in connection with any outdoor recreational facility which is closer than 50 feet to the property line of a lot zoned or used for residential purposes, unless such lighting is of such a nature, as determined by the planning and design commission, that it will not be a nuisance to an adjacent residential use.

(c)

A solid wall or fence, or vegetative screening which furnishes equal protection against noise and light, shall be provided when determined appropriate by the planning commission.

(d)

No commercial activities shall be permitted in conjunction with recreational uses in residential zones except as listed below.

(1)

Charges and fees for use of the recreational facilities; and

(2)

Other activities which are directly incidental with the recreational facility and which, in the judgment of the planning and design commission, would not be in conflict with the residential nature of the neighborhood.

13-14.4. Cemeteries adjacent to residential uses. Cemeteries, cemetery plots or other facilities for the burial of the dead which are adjacent to lots which are zoned or used for residential purposes shall be no closer than 50 feet from the property line of the lot zoned or used for residential purposes.

Automobile service stations and other establishments which dispense gasoline shall comply with the following standards:

13-15.1. Product displays, parked vehicles, signs and other obstructions which impair visibility to or from station driveways shall be prohibited.

13-15.2. No driveways parallel to the street or road shall be constructed on the right-of-way in front of gasoline pumps, loading or unloading platforms or other structures requiring an outside or frontage driveway.

13-15.3. Pump islands or other structures requiring an outside driveway should be located at a minimum distance of 20 feet from the right-of-way line in order that the outside driveway and service area should not encroach on the right-of-way line. In instances where angle pump island or islands are to be located opposite any part of the driveway, the end of the pump island nearest the right-of-way shall be a minimum of 40 feet behind the right-of-way line. Pump islands which must be less than 20 feet behind the right-of-way shall in all cases require the erection of an acceptable barrier along the right-of-way line for, at minimum, the length of the pump island. This 20-foot distance from the right-of-way line to the pump island should be increased if space is available when planning to accommodate tractor-trailers, recreational vehicles, buses or other long-wheelbase vehicles.

13-15.4. An island with right-of-way barrier is required opposite all structures which will function as traffic obstacles (such as bumper curbs, sidewalks, fronts of buildings, etc.) located or to be located less than 40 feet from the right-of-way line. Except that such a right-of-way barrier may not be necessary in cases where such structures will not have an outside driveway or service area between the right-of-way and the front of the structure.

In all residential districts, and where a lot of record, abuts and is served by or which may be served by a major street as identified on the street map, the following minimum requirement shall apply:

13-16.1. The minimum building line setback from abutting street rights-of-way shall be not less than 50 feet, excluding sales pumps at gasoline service stations.

In all residential districts, the minimum lot frontage required in district regulations may be reduced where radial lots are platted, except that in no case shall the lot frontage for a radial lot be reduced to less than 50 feet. This provision shall apply only to lots abutting minor streets as identified on the street map, and in no case shall the minimum required frontage be reduced for lots abutting major streets, except through the process of hardship appeal to the board of adjustment.

In order to promote the safety of the motorist and pedestrian and to minimize traffic congestion and conflict, the following regulations shall apply to all nonresidential uses abutting non-state-maintained routes:

13-18.1. No driveway shall exceed 40 feet measured parallel with the roadway or, if the roadway is on a curve, parallel with the tangent of the curve at the point where the centerline of the driveway intersects the curb, or edge of pavement where no curb exists. Furthermore, 40-foot driveways shall be approved only where long-wheelbase vehicles are to be a majority of the traffic to a building.

(a)

Parallel service station driveways shall not exceed 35 feet unless catering to truck traffic.

(b)

Parallel driveways serving banks, grocery stores, drive-in restaurants or similar uses shall not exceed 30 feet.

(c)

"Exit Only" driveways from drive-in windows and other facilities shall not exceed 30 feet.

13-18.2. The angle of driveways at the intersection of the street or roadway shall not be less than 60 degrees.

13-18.3. The maximum width of [a] joint driveway shall be 40 feet. A joint driveway may be at any angle between 60 degrees and 90 degrees with the street.

13-18.4. The two sides of any driveway shall be parallel with each other.

13-18.5. Any two driveways connecting with a street or road shall be separated by an island area. The side of the island adjacent to the travel lane shall be located at the existing curbline, if any. Otherwise, the side of the island shall be ten feet from the edge of the pavement.

13-18.6. When a curbed turning lane lies within the frontage of the property, an island shall extend to the existing curb of the turning lane; where no turning lane curb exists, the side of an uncurbed island will be at the roadside ditch. If the island is required to be curbed by the planning and design commission, the curb shall be installed 24 inches from the edge of the turning lane pavement (where this pavement is greater than ten feet from the edge of the pavement of the normal section) utilizing paved concrete gutter between the edge of the pavement and the curb.

13-18.7. Islands shall extend to the right-of-way and shall be a minimum length of 20 feet, including radii at that point. The length of the island at the shoulder will be determined by the angle of the driveway and right-of-way depth, but shall not be less than 20 feet. Where a roadside ditch exists providing an acceptable obstacle to prevent vehicular traffic over the island, the condition may be retained on approval of the planning and design commission.

13-18.8. All driveways shall be located, designed and constructed so that vehicle operators using them will have adequate sight distance in both directions along the street or road. The stopping sight distance for a designated road speed is found in the Georgia Department of Transportation's Geometric Design Standards. In determining the sight distance for driveways, the height of the eye will be considered as 3.75 feet and the height of the object as 0.5 foot. In instances where frontage is limited and a driveway cannot be constructed due to inadequate sight distance, a plan may be required by the planning and design commission which incorporates a service or approach road off of the right-of-way to a point where a satisfactory and safe intersection with the street or road is possible.

13-18.9. When frontage is 100 feet or less, only one driveway is authorized. Additional entrances or exits for parcels of property having frontage in excess of 100 feet may be permitted by the planning and design commission upon proof that such additional entrances and exits are necessary and would not tend to increase traffic congestion or otherwise tend to militate against the safety or convenience of the traveling public. However, no more than two entrance-exit combination driveways shall be permitted when frontage is 200 feet or greater.

Personal care homes shall comply with the following minimum standards:

13-19.1. Facilities, operation and maintenance shall meet all requirements of the Screven County Health Department and the Georgia Department of Human Resources.

13-19.2. A personal care home shall not be located within a radius of 1,200 feet of an existing personal care home, as measured from the nearest point of the existing personal care home to the nearest point of the proposed personal care home via path of travel.

Any pharmacy (drug store) that is a permitted use in any C-1 or C-2 zoning district under this ordinance shall be permitted to distribute low THC oil or products (medical marijuana) under authority of O.C.G.A. §§ 16-12-230, 16-12-231 and 16-12-215, provided that such pharmacy is located at least 50 feet from any public or private school, any early care or education program as defined in O.C.G.A. § 20-1A-2, or any church, synagogue or other place of religious worship in existence prior to the date of licensure to dispense THC oil or products of any such pharmacy (or pharmacist therein) by the appropriate regulatory body of the state. The 50-foot distance requirement shall be measured along the most direct legal route of travel on the ground from building to building at any part thereof.

(Ord. of 9-19-2023)