(a)

Single family residential, which is indicated by an "R" designation. This category is reserved solely for single family dwellings, and requires that at least 50 square feet of sleeping space be allocated per person living in the dwelling in accordance with the definition of single family (definition number 40), with a variety of densities; and the following other permitted land uses:

(1)

Churches, provided that:

a.

They are located on an arterial or a collector street;

b.

The buildings are placed not less than 50 feet from any property line;

c.

There is a planted buffer strip at least ten feet wide where the property abuts a neighboring residential property.

(2)

Nursery schools and kindergartens, provided that there is at least 150 square feet of outdoor play area for each child and the area is enclosed by a woven wire fence at least four feet high. Additionally, a ten feet wide planted buffer strip along all property lines abutting other residential property.

(3)

Municipal land uses which fulfill the requirements of a type 1 government use.

(4)

Public utilities such as electric transmission rights-of- way, gas pipe lines, water and sewage line and pumping stations.

(5)

Customary incidental home occupations such as workshop of a seamstress, music teacher, tutor and hairdresser provided there is no external evidence of such occupation, and operations are conducted within the dwelling by not more than one person in addition to those persons resident therein. ALSO: Digital photo development, Billing offices,

(6)

Customary utility accessory buildings including private garages and non-commercial greenhouses and workshops, provided that they are located in the rear or side yard and not closer than ten feet to any property line. This includes income producing, non-commercial hobby workshops. Old semi-truck trailers and former shipping containers are prohibited from being utilized as a utility accessory building.

(7)

Customary decorative accessory buildings, which are allowed in the front, side and/or rear yard.

(8)

Portable metal carports shall be permitted in the front yard of residential structures which do not have a garage located on the property. Such portable metal carports shall be required to be adequately secured to the ground in the event of a high wind storm event, and must be at least five feet off the abutting public street ROW, ten feet off of collector/arterial streets.

(9)

Residential bed and breakfast facilities conforming to the following requirements:

a.

There shall be no more than four bedrooms per dwelling unit used for the bed and breakfast operation.

b.

Maximum number of paying guests per day is eight. Pets are allowed at the discretion of the resident owner(s). All animal fecal excretions must be removed from city and state highway right of ways immediately. Bed and breakfast property must be kept thoroughly clean of pet fecal excretion at all times. Pets must reside indoors with the paying guest or in their rented accommodation, or be kept under control through the use of a collar and a leash when outdoors, at all times.

c.

Paying guests shall be permitted to stay for no longer than ten consecutive nights.

d.

Alcoholic beverages shall not be sold or provided by the resident owner(s) to any paying guest at the premises.

e.

The number and type of meals provided shall be at the discretion of the resident owner(s), but shall be provided only for registered, overnight, paying guests.

f.

All bed and breakfast operations shall be subject to the hotel/motel tax of the City of Tallapoosa, Georgia.

g.

All residential Bed and Breakfasts shall be located on a lot which complies with the required minimum lot area for existing uses.

h.

There shall be a minimum of one full bath (commode, wash sink, shower/tub) for every two rooms dedicated for guests, in addition to one full bath dedicated solely for the use of resident owner(s). There shall be one full bath on every floor of the Bed and Breakfast where rental rooms are available.

i.

The residential bed and breakfast shall conform to all codes and regulations of the City of Tallapoosa, Georgia, Haralson County, where applicable, and the State of Georgia.

j.

The resident owner(s) shall keep a current guest register including names, addresses and dates of occupancy of all guests.

k.

All bed and breakfasts shall comply with local and state fire escape and related fire code regulations for lodgings.

l.

Only one freestanding sign, limited to 16 square feet of message space, requiring the street address to be placed at the top-center of the sign and at the bottom stating, "Bed & Breakfast". Sign may not exceed five feet wide and five feet high including message area, frame and support apparatus. Sign may be "spot light" illuminated (from the ground or designed such that an arm extends out from the top of the sign and suspends the floodlight, focused on the message conveying the name of the bed and breakfast), but this light must be extinguished no later than 11:00 pm nightly. Back-lit commercial type and neon signs are strictly prohibited. Sign must not intrude onto the city street or state highway right-of-way and must not block line-of-sight from any entry/egress point.

m.

At least one off street parking space must be provided on the property for the owner and one and one-half spaces for each guest room. Parking lots and spaces must be designed and painted in accordance with the Tallapoosa Standard Parking Lot Design Code. The Parking lot shall be screened from all adjoining residential properties with a solid fence, of a minimum of six feet in height, or evergreen trees and shrubs densely planted which will provide a visual screen height of six feet within two years of planting.

n.

No trees shall be removed or be permitted to be damaged during the construction of the off-street parking and sign installation regardless of the tree size.

o.

The parking lot shall be paved and comply with all building set-back lines requirements (as if the parking lot were a building) of the zoning category.

p.

All newly constructed parking spaces constructed for the purpose of complying with the residential bed and breakfast facility ordinance must be constructed in either the side yard or back yard of the prospective residential bed and breakfast facility, as defined in section 106-3(47) and (48) of the Amended Zoning Ordinance of Tallapoosa.

q.

It shall be unlawful for any person to operate a Bed and Breakfast establishment without having first obtained a Bed and Breakfast license from the City of Tallapoosa's City Manager or his/her designee, the cost of which shall be set by the Mayor and City Council for the whole or any part of one year and which must be renewed annually by December 31 of each year; resident owner must also obtain a Business License from the City of Tallapoosa and a Food Service Permit from the Haralson County Environmental Health Department.

r.

Application, license and permit:

1.

Applications for residential bed and breakfasts shall be notarized and include the location and owner of the property, a site plan of the lot showing all trees as they presently exist, the location of the required off street parking space and design of the parking lot buffer (include list and size of plants to be installed or type of solid fence), the location and appearance of the proposed sign and a photograph of the current principal view or view of the structure where the proposed bed and breakfast use is to be located. The application shall also include a statement which the resident owner(s) must sign acknowledging that he or she has reviewed and understands the requirements of this section. Upon submission of these plans to the planning commission, the planning commission shall hold a public hearing and verify that all required elements are present and have been adhered to, and will recommend or deny the application which will then be forwarded to the city council for final approval. Once the city council has issued its final approval, the applicant resident owner(s) shall have a special parking lot construction permit issued. Parking lots must be constructed in accordance with submitted site plan. Upon verification of construction compliance with approved plans by the city manager or his/her designee, application shall be presented to the city manager or his/her designee for final approval and issuance of the bed and breakfast operating license.

2.

Upon a change in ownership of a property and prior to the issuance of a new business license to allow continuation of an existing permitted residential bed and breakfast use upon said property, the new property owner(s) shall be required to certify compliance of the residential bed and breakfast use with the city manager or his/her designee by having an application for re-certification of the bed and breakfast use notarized, filed with, and approved by the city manager or his/her designee.

(b)

Within R, single family residential, the following uses are strictly prohibited:

(1)

Junkyards.

(2)

Crematoriums.

(3)

Commercial chicken growing houses (chicken houses).

(4)

Using semi-truck trailers and former shipping containers for storage.

(Ord. No. 01252, sec. 106-51, 12/12/2005; Ord. No. 01269, exh. 2008- I(106-51), 12/8/2008; Ord. No. 01284, exh. 2016-B(106-52), 6/13/2016; Ord. No. 01312, § 1(Exh. 2024-B), 3-11-2024)

(a)

Within RH, residential historic, single family residential district, the following uses shall be permitted:

(1)

All uses permitted in section 106-127.

(2)

RH—Residential historic: Restricted to the historical, standard city lot, normally less than a half acre, which was generally 50 X 150; also, additional minimum standards shall apply (see sections 106-97 & 106-148). This zoning district shall only be applied to those lots in existence at the time of the adoption of this zoning ordinance. No new lots platted in the future shall be allowed to be done so at this high a density. Except for those lots located in the "high density historically accurate infill subdivision overlay district" and which shall comply with the eligibility requirements contained in section 106-175. Its purpose is to eliminate non-conforming parcels. Any lots which were at one time platted in this manner but, over the intervening years, were combined to create larger lots and reduce the number of tax bills received (or any other purpose) are also prohibited from being re-subdivided at this high density, unless that parcel is located in the "high density historically accurate infill subdivision overlay district". Manufactured homes are prohibited. This category is further divided into the following districts:

a.

RH-1: Parcels up to 7500 square feet, in addition to other required minimum standards (see sections 106-97 & 106-148).

b.

RH-2: Parcels with 7501 square feet up to 10999 square feet, in addition to other required minimum standards (see sections 106-97 & 106-148).

c.

RH-25—Residential with a minimum of a quarter acre lot size (minimum of 11,000 square feet) and other required minimum standards (see sections 106-97 & 106-148).

d.

R-HH1—Residential "Habitat for Humanity". A unique Designation designed to provide affordable housing. Only 501c3 IRS designated charitable organizations dedicated to providing high quality, affordable, resident owned homes may apply for this designation. No other entity, including city initiated rezoning efforts, are permitted to apply this designation to a parcel of land. Other required minimum standards apply (See Secs. 106-97 and 106-148).

e.

R-HH2—Residential "Habitat for Humanity". A unique Designation designed to provide affordable housing. Only 501c3 IRS designated charitable organizations dedicated to providing high quality, affordable, resident owned homes may apply for this designation. No other entity, including city initiated rezoning efforts, are permitted to apply this designation to a parcel of land. Other required minimum standards apply (see sections 106-97 and 106-148).

(3)

Permitted conditionally: None.

(b)

Within RH, residential historic district, the following uses are strictly prohibited:

(1)

Junkyards.

(2)

Crematoriums.

(3)

Commercial chicken growing houses (chicken houses).

(4)

Using semi-truck trailers and former shipping containers for storage.

(Ord. No. 01252, Sec. 106-52, 12-12-2005; Ord. No. 01269, exh. 2008-I (106-52, 12-8-2008; Ord. No. 01280, exh. 2013-C(106-52), 12-9-2013; Ord. No. 01284, exh. 2016-B(106-52), 6-13-2016; Ord. No. 01312, § 1(Exh. 2024-B), 3-11-2024)

(a)

Within R-50 through R-475, single family residential district, the following uses shall be permitted:

(1)

Any use permitted in RH (minimum required lot size must be met) provided, however, that manufactured homes meeting the definition of single-family dwellings shall not be permitted in R-50 through R-475; and additional minimum standards shall apply (see sections 106-97 & 106-148).

(2)

Permitted conditionally:

a.

Professional office of a physician, dentist, lawyer and the like provided that there is no external evidence of such occupation except for an announcement or professional sign not more than two square feet in area and which shall not be illuminated, and activities are conducted within a dwelling by not more than one person in addition to those residents therein. Professional office hours of operation are restricted to no greater than from 8:00 am to 6:00 pm, Monday through Saturday. No business may be transacted on Sunday.

b.

Private stables. Provided they shall be on a lot not less than two acres, which shall be restricted to one horse owned by the property owner (one horse is permitted for every two acres available; if there is four acres, two horses would be permitted).

(b)

Within R-50 through R-475, single family residential district, the following uses are strictly prohibited:

(1)

Junkyards.

(2)

Crematoriums.

(3)

Commercial chicken growing houses (chicken houses).

(4)

Using semi-truck trailers and former shipping containers for storage.

(Ord. No. 01252, Sec. 106-53, 12-12-2005; Ord. No. 01269, exh. 2008-I (106-53, 12-8-2008; Ord. No. 01284, exh. 2016-B(106-53), 6-13-2016; Ord. No. 01312, § 1(Exh. 2024-B), 3-11-2024)

(a)

Within R-500 and above, the following uses shall be permitted:

(1)

All uses permitted in RH and R-50 through R-475, provided that manufactured homes are not permitted; and additional minimum standards shall apply (see sections 106-97 & 106-148).

(2)

Permitted conditionally:

a.

Customary agricultural operations, including landscaping businesses and animal kennels, provided that all structures erected for the purpose of housing animals must be a minimum of 100' from any property line. However, structures erected for housing chickens and other fowl must be 150' from all property lines. All other structures related to commercial activity shall be a minimum of 50' from any property line (such as green houses or maintenance/ tractor barns).

(b)

Within R-500 and above, single family residential district, the following uses are strictly prohibited:

(1)

Junkyards.

(2)

Crematoriums.

(3)

Commercial chicken growing houses (chicken houses).

(4)

Using semi-truck trailers and former shipping containers for storage.

(Ord. No. 01252, Sec. 106-54, 12-12-2005; Ord. No. 01269, exh. 2008-I (106-54, 12-8-2008; Ord. No. 01284, exh. 2016-B(106-54), 6-13-2016; Ord. No. 01312, § 1(Exh. 2024-B), 3-11-2024)

(a)

All uses permitted in R-500 (provided that minimum acreage requirements have been met), and additional minimum standards shall apply (see sections 106-97 and 106-148).

(b)

Manufactured homes, provided they meet the definition of dwelling, single family and meet all compatibility standards required for manufactured homes as contained in section 106-149, and additional minimum standards shall apply (see sections 106-97 & 106-148).

(c)

Permitted conditionally: None.

(d)

Within RM, single family residential manufactured home, the following uses are strictly prohibited:

(1)

Junkyards.

(2)

Crematoriums.

(3)

Commercial chicken growing houses (chicken houses).

(4)

Using semi-truck trailers and former shipping containers for storage.

(Ord. No. 01252, Sec. 106-55, 12-12-2005; Ord. No. 01269, exh. 2008-I (1-6-55, 12-8-2008; Ord. No. 01284, exh. 2016-B(106-55), 12-9-2016; Ord. No. 01312, § 1(Exh. 2024-B), 3-11-2024)

(a)

All uses permitted in any "R" district, provided that minimum lot sizes are adhered to; however, manufactured homes are prohibited; and additional minimum standards shall apply (See Secs. 106-97 & 106-148).

(b)

Normally rental units, with a density no higher than 2 units per acre. Each unit serviced by a separate driveway. Any property line which abuts "R" districts must have a ten-foot wide, and a minimum of six-foot high within three years of planting, planted buffer along this line. Must submit request for "group project" status if the two dwelling units are detached from each other.

(c)

Municipal land uses which fulfill the requirements of a type 1 or type 2 government use.

(d)

Prohibited uses:

(1)

Junkyards.

(2)

Crematoriums.

(3)

Commercial chicken growing houses (chicken houses).

(4)

Using semi-truck trailers and former shipping containers for storage.

(Ord. No. 01252, Sec. 106-56, 12-12-2005; Ord. No. 01269, exh. 2008-I (1-6-56, 12-8-2008; Ord. No. 01284, exh. 2016-B(106-56), 12-9-2016; Ord. No. 01312, § 1(Exh. 2024-B), 3-11-2024)

(a)

All uses permitted in any "R" district; provided that minimum lot sizes are adhered to; however, manufactured homes are prohibited; and additional minimum standards shall apply (see sections 106-97 & 106-148).

(b)

Primarily resident owned homes. Density shall be no higher than five units per acre or fraction thereof. Normally, a two story, upstair[s]/downstair[s] unit. Any property line which abuts "R" districts must have a ten-foot wide, and a minimum of six-foot high within three years of planting, planted buffer along this line.

(c)

Municipal land uses which fulfill the requirements of a type 1 and type 2 government use.

(d)

Prohibited uses:

(1)

Junkyards.

(2)

Crematoriums.

(3)

Commercial chicken growing houses (chicken houses).

(4)

Using semi-truck trailers and former shipping containers for storage.

(Ord. No. 01252, Sec. 106-57, 12-12-2005; Ord. No. 01269, exh. 2008-I (106-57, 12-8-2008; Ord. No. 01284, exh. 2016-B(106-57), 6-13-2016; Ord. No. 01312, § 1(Exh. 2024-B), 3-11-2024)

(a)

All uses permitted in any "R" district, provided that minimum lot sizes are adhered to; however, manufactured homes are prohibited; and additional minimum standards shall apply (see sections 106-97 & 106-148).

(b)

Primarily resident owned homes. Density shall be no higher than 8 units per acre or fraction thereof, and generally shall be single story, stacked housing units. Any property line which abuts "R" districts must have a ten-foot wide, and a minimum of six-foot high within three years of planting, planted buffer along this line.

(c)

Municipal land uses which fulfill the requirements of a type 1 and type 2 government use.

(d)

Prohibited uses:

(1)

Junkyards.

(2)

Crematoriums.

(3)

Commercial chicken growing houses (chicken houses).

(4)

Using semi-truck trailers and former shipping containers for storage.

(Ord. No. 01252, Sec. 106-58, 12-12-2005; Ord. No. 01269, exh. 2008-I (106-58, 12-8-2008; Ord. No. 01284, exh. 2016-B(106-58), 6-13-2016; Ord. No. 01312, § 1(Exh. 2024-B), 3-11-2024)

(a)

All uses permitted in any "R" district provided that minimum lot sizes are adhered to; and all other MFR districts with the exception of MFR-M, which is prohibited (manufactured homes are prohibited); provided that minimum lot sizes are adhered to; and additional minimum standards shall apply (see sections 106-97 & 106-148).

(b)

Maximum density eight units per acre or fraction thereof, dependent upon proximity of arterial and major collector roads, surrounding land use and proximity of negative land uses. Parking lot for the complex shall be constructed such that curb and gutter are installed and that all storm-water run-off associated with the development is controlled through subterranean sewer pipe. Parking lot must be designed and marked in accordance with article M, parking lot design and construction standards, of the subdivision ordinance. Parking lot must be maintained in an excellent condition in perpetuity. Ditches are prohibited. Minimum mandatory number of parking spaces controlled by section 106-43. Primarily rental property. Any property line which abuts "R" districts must have a ten-foot wide, and a minimum of six-foot high within three years of planting, planted buffer along this line. Each parcel so dedicated for this purpose must abut a public street. Ownership and maintenance of sanitary sewer, storm sewer and water lines shall be determined by the department of public works, and/or department of planning and/or city manager with consent of the mayor and council on a case by case basis.

(c)

Municipal land uses which fulfill the requirements of a type 1 and type 2 government use.

(d)

Prohibited uses:

(1)

Junkyards.

(2)

Crematoriums.

(3)

Commercial chicken growing houses (chicken houses).

(4)

Using semi-truck trailers and former shipping containers for storage.

(Ord. No. 01252, Sec. 106-59, 12-12-2005; Ord. No. 01269, exh. 2008-I (106-59, 12-8-2008; Ord. No. 01284, exh. 2016-B(106-59), 6-13-2016; Ord. No. 01312, § 1(Exh. 2024-B), 3-11-2024)

(a)

All uses permitted in any "R" district provided that minimum lot sizes are adhered to; and all other MFR districts, provided the restrictions in those districts are adhered to; and additional minimum standards shall apply (see sections 106-97 & 106-148).

(b)

Manufactured homes, provided they meet the definition of dwelling, single family and meet all compatibility standards required of manufactured homes as contained in section 106-73. Maximum density of ten homes per acre, provided that public sanitary sewer is available. Each unit to be served by a separate driveway. Private roads within the park/complex must be constructed with the following minimum standards: 22-foot wide travel way (lane) with curb and gutter installed such that all storm water run-off associated with the development is controlled through subterranean sewer pipe. All sewer (storm and sanitary) lines, road and water lines shall be private property and the cost of maintenance shall be born by the park owner/management. All sewer, roads and lines must be maintained in an excellent condition in perpetuity. Ditches are prohibited. Minimum mandatory number of parking spaces controlled by section 106-97. Primarily rental property. Any property line which abuts "R" districts must have a ten-foot wide, and a minimum of six-foot high within three years of planting, planted buffer along this line. Any property which abuts railroad right of way must have a six-foot high chain link fence or equivalent erected along this property line to prevent access.

(c)

Manufactured homes that do not meet the definition of dwelling, single family, including single-wides; provided they comply with the following standards:

(1)

Manufactured homes owned by the same entity that owns the manufactured home park may be single or double wide, and may be up to five years old. However, the following standards must be met:

a.

Installed upon a standard permanent masonry foundation wall and slab.

b.

All towing devices must be removed.

c.

All wheels must be removed.

d.

Decks, in conformity with section 106-149, shall be installed at required structure entrances.

(2)

Manufactured homes owned by other than the same entity that owns the manufactured home park, and shall not be in the same park in excess of 3 years. On the third anniversary of the trailer being in the same park, the trailer shall have to be re-installed upon a permanent masonry foundation wall (however, said five year restriction shall not apply to reinstalled manufactured homes). Trailer may be single or double wide. May be up to five years old as of the date it is being moved. Removal of the tow hitch and wheels is not required, but adequate, well attached skirting is required. Must have required decks at all exits and be secured to the ground in compliance with applicable building safety codes.

(d)

Manufactured home parks and customary accessory uses, but not to include the sale of or service to mobile homes or manufactured homes, and provided the following minimum standards are met:

(1)

The applicant presents plans and specifications for the proposed park in a form suitable for making the determinations required herein.

(2)

The proposed site shall contain a minimum area of five acres.

(3)

There shall be a maximum of ten manufactured home spaces per acre.

(4)

Each manufactured home space shall have a minimum lot area of 3,200 square feet and a minimum width of 40 feet.

(5)

A planted buffer strip, not less than six feet in height, shall be provided along the lot lines of the park.

(6)

All sanitary facilities for the park shall be approved by the county health officer or state department of human resources.

(e)

Manufactured homes as defined in section 106-3(22) which meet the definition of single family dwelling as defined in section 106-3(11).

(f)

Municipal land uses which fulfill the requirements of a type 1 and type 2 government use.

(g)

Prohibited uses:

(1)

Junkyards.

(2)

Crematoriums.

(3)

Commercial chicken growing houses (chicken houses).

(4)

Using semi-truck trailers and former shipping containers for storage.

(Ord. No. 01252, Sec. 106-60, 12-12-2005; Ord. No. 01269, exh. 2008-I (106-60, 12-8-2008; Ord. No. 01284, exh. 2016-B(106-60), 6-13-2016; Ord. No. 01312, § 1(Exh. 2024-B), 3-11-2024)

(a)

Within P, professional, the following uses shall be permitted:

(1)

Hospitals and medical clinics of various types (dental, optical, etc.) for the treatment of human ailments, except for treatment of insane, feeble minded, epileptic, drug and alcohol patients or treatment of contagious diseases, and provided that:

a.

They are located on an arterial or a collector street;

b.

The buildings are placed not less than 50 feet from any property line;

i.

There is a planted buffer strip at least six feet high where the property abuts a neighboring residential (R or MFR) property.

(2)

Professional offices, provided the off-street parking requirements of this chapter are met, including those of a lawyer, doctor, veterinarian; provided that there are no outdoor animal boarding facilities (kennels), accountant, real estate firm, corporate headquarters, etc.; additional minimum standards shall apply (see sections 106-97 & 106-148).

(3)

Drug stores and apothecaries.

(4)

Funeral homes.

(5)

Municipal land uses which fulfill the requirements of a type 1 government use.

(b)

Within P, Professional, the following uses are strictly prohibited:

(1)

Junkyards.

(2)

Crematoriums.

(3)

Commercial chicken growing houses (chicken houses).

(4)

Using semi-truck trailers and former shipping containers for storage.

(Ord. No. 01252, Sec. 106-61, 12-12-2005; Ord. No. 01269, exh. 2008-I (106-61, 12-8-2008; Ord. No. 01284, exh. 2016-B(106-61), 6-13-2016; Ord. No. 01312, § 1(Exh. 2024-B), 3-11-2024)

(a)

Within CN, Commercial neighborhood, the following uses shall be permitted, provided they abut an arterial or major or minor collector:

(1)

Retail services such as banks, insurance, real estate, beauty and barber services, apparel and apparel repair, convenience stores, florists and convenience stores that sell automotive fuel, restaurants that do not serve liquor or beer and wine; however, all such businesses in operation in this district must close for business no later than 12:00 midnight each day they are open; and additional minimum standards shall apply (see sections 106-97 & 106-148).

(2)

Business and incidental signs (not to include billboards).

(3)

Municipal land uses which fulfill the requirements of a type 1 government use.

(4)

Hours of businesses in this low intensity commercial district shall be restricted all businesses must be closed between the hours of midnight and 5:00 am.

(5)

All parcels of land within this district must provide an undisturbed 25-foot buffer between the commercial activity and all abutting zoned residential property. If said buffer can not be maintained in its natural vegetative state, once the parcel has been developed, a planted buffer in accordance with definitions included within this ordinance (106-3, (30)) must be installed, and shown on site plans.

(6)

All exterior lighting must be designed such that it does not cause a nuisance to neighboring home owners and passing vehicles. Security illumination on commercial property should not extend beyond the near side of abutting ROW of public streets.

(b)

Within CN, commercial neighborhood, the following uses are strictly prohibited:

(1)

Overnight semi-truck parking.

(2)

Bars.

(3)

Vehicle repair shops.

(5)

Junkyards.

(6)

Crematoriums.

(7)

Commercial chicken growing houses (chicken houses).

(8)

Residential dwellings (apartments) in basement or available loft space.

(9)

Using semi-truck trailers and former shipping containers for storage.

(Ord. No. 01252, Sec. 106-62, 12-12-2005; Ord. No. 01269, exh. 2008-I (106-62, 12-8-2008; Ord. No. 01284, exh. 2016-B(106-62), 6-13-2016; Ord. No. 01312, § 1(Exh. 2024-B), 3-11-2024)

(a)

Within CH, historic downtown commercial district, the following uses are permitted:

(1)

Retail commercial activity, including general merchandise, food, hardware, apparel, furniture, prescription drugs, pet stores, herbs, antiques, jewelry and the like; and additional minimum standards shall apply (See section 106-97 & 106-148).

(2)

Restaurants and entertainment endeavors including theaters, video rental stores, embroidery shops, web page design companies, office supply companies and the like. Restaurants that serve beer and wine are permitted, provided they follow the requirements of serving licensing process; however, property in the CH district shall be exempt from the space buffer requirement of the beer and wine serving license stipulation; lastly, restaurants in this zone which utilize this exemption must only serve beer and/or wine.

(3)

Loft and basement apartments with the following standards and restrictions:

a.

Minimum of 900 square feet of living space per unit, or one unit constructed in the available space (must contain at least 500 square feet).

b.

A monthly rental lease agreement.

c.

No outside laundry facilities.

d.

No intrusive outside lighting.

e.

No modifications to the existing structure that will compromise the historical integrity.

f.

Remove existing trees on the property only if absolutely necessary.

g.

May only be constructed in the basement and the upper, non-street level area of the structure. Provided that such basements do not have a viable street level double-frontage condition (front and rear of building only building sides will not be considered a prohibitive situation). If this is the case, then there must be a rentable, viable retail space in the basement, said rentable retail space must abut the back public street, with the residential dwelling being located behind the retail space.

(4)

All uses permitted in the P, professional district.

(5)

All uses permitted in the CN, commercial neighborhood district, with the exception of convenience stores, which shall not be allowed in the CH district.

(6)

Municipal land uses which fulfill the requirements of a type 1 and type 2 government use.

(7)

Fraternal organizations and clubs not operated for profit.

(8)

All exterior lighting must be designed such that it does not cause a nuisance to neighboring home owners and passing vehicles. Security illumination on commercial property should not extend beyond the near side of abutting ROW of public streets.

(b)

Within CH, commercial historic, the following uses are strictly prohibited:

(1)

Overnight semi-truck parking.

(2)

Warehousing. Based on the definition of warehousing contained within this ordinance (section 106-3). An exception is hereby provided, which shall allow for mini-warehousing uses in the basement of a commercial building located in the CH district. If a particular building has double frontage on two city streets (front and back of the building), and the building basement constitutes the street level retail floor space of the building on the back street, then only the rear portion of the building basement (relative to the back street frontage) could be used for mini warehouse purposes. The portion of the building nearest the city street, must be dedicated to permitted, viable commercial use. Entrance to the mini-warehouse section must be separate from the regular main retail entrance. Entrance must be from the side or rear street. Flammable materials are banned from the mini-warehouse area. Smoking in the mini-warehouse area is prohibited, and a sign indicating such must be posted at the entrance.

(3)

Pawn shops.

(4)

Junkyards.

(5)

Crematoriums.

(6)

Commercial chicken growing houses (chicken houses).

(7)

Using semi-truck trailers and former shipping containers for storage.

(Ord. No. 01252, Sec. 106-63, 12-12-2005; Ord. No. 01266, exh. 2008-G, 12-8-2008' Ord. No. 01267, exh. 2008-J, 12-8-2008; Ord. No. 01269, exh. 2008-I (106-63, 12-8-2008; Ord. No. 01284, exh. 2016-B(106-63), 6-13-2016; Ord. No. 01312, § 1(Exh. 2024-B), 3-11-2024; Ord. No. 01315, § 1, 11-11-2024)

(a)

Within C-1, modern retail commercial district, the following uses shall be permitted:

(1)

All uses permitted in CN and CH; additional minimum standards shall apply (see sections 106-97 & 106-148).

(2)

Any typical retail business, including but not limited to; grocery stores, department stores, sporting goods stores, pharmacies, etc.

(3)

Government type 1 or 2 land uses. Provided they abut an arterial roadway and establish a buffer along property lines which abut R and MFR.

(4)

Private or public museums, private or public libraries, movie theaters, bowling alleys, etc.

(5)

Automobile and other types of durable goods dealers and repair shops.

(6)

Hotel/motel establishments.

(7)

Billboards, provided that the required set backs are met.

(8)

Automotive repair and service stations.

(9)

The package sale of distilled spirits may be allowed as a conditional use in a defined portion of this district, which abuts U.S. Highway 78 as it travels through the city limits. This portion of this zoning district shall be clearly marked on the city's zoning map on file at city hall.

(10)

All exterior lighting must be designed such that it does not cause a nuisance to neighboring home owners and passing vehicles. Security illumination on commercial property should not extend beyond the near side of abutting ROW of public streets.

(b)

Within C-1, modern retail commercial district, the following uses are strictly prohibited:

(1)

Overnight semi-truck parking, except guests of a hotel/motel establishment where the semi-truck is parked in the parking lot of the hotel/motel establishment.

(2)

Junkyards.

(3)

Crematoriums.

(4)

Commercial chicken growing houses (chicken houses).

(5)

Residential dwellings (apartments) in basement or available loft space.

(6)

Using semi-truck trailers and former shipping containers for storage.

(Ord. No. 01252, Sec. 106-64, 12-12-2005; Ord. No. 01269, exh. 2008-I (106-64, 12-8-2008; Ord. No. 01284, exh. 2016-B(106-64), 6-13-2016; Ord. No. 01308, § 2, 11-11-2023; Ord. No. 01312, § 1(Exh. 2024-B), 3-11-2024)

(a)

Unique designation that, due to its proximity to interstate 20, allows for more liberal and all inclusive commercial use of land. Shall include all uses permitted in C-1, CN and CH; and additional minimum standards shall apply (see sections 106-97 & 106-148).

(b)

The sale of distilled spirits for consumption by the drink (pouring) shall be allowed in this district. The package sale of distilled spirits may be allowed as a conditional use in a defined portion of this district near Exit 5 off of Interstate 20, which portion of this district shall be clearly marked on the city's zoning map on file at city hall.

(c)

Overnight semi-truck parking, large scale truck stops and truck repair businesses.

(d)

All night restaurants and convenience stores.

(e)

Large scale commercial developments such as malls, tanger discount outlet centers, cabelas outfitters, etc.

(f)

Small scale manufacturing and repairs shops which also sell those products they service and produce.

(g)

Outdoor advertising signs (billboards), provided they comply with the setback requirements of the district.

(h)

Home improvement businesses, such as electricians, plumbers, building contractors, and related businesses such as cabinet shops.

(i)

Municipal land uses which fulfill the requirements of a type 1, type 2 and type 3 government use.

(j)

Within C-I, commercial interstate, the following uses are strictly prohibited:

(1)

Junkyards.

(2)

Crematoriums.

(3)

Commercial chicken growing houses (chicken houses).

(4)

Residential dwellings (apartments) in basement or available loft space.

(5)

Using semi-truck trailers and former shipping containers for storage.

(Ord. No. 01252, Sec. 106-65, 12-12-2005; Ord. No. 01269, exh. 2008-I (106-65, 12-8-2008; Ord. No. 01284, exh. 2016-B(106-65), 6-13-2016; Ord. No. 01308, § 1, 11-11-2023; Ord. No. 01312, § 1(Exh. 2024-B), 3-11-2024)

(a)

Within I, institutional district, land uses which include caring for the elderly, young and disabled; in both short term and long term scenarios (to include nursing homes). Does not include caring for those infected with contagious diseases, drug and alcohol dependency or half-way houses for criminals, both adult and juvenile. Includes licensed personal care facilities of all sizes, provided state approval is received. Any property lines abutting "R" or "MFR" districts must establish a 25-foot buffer along these lines. Property must abut arterial or major collector street; buildings must be placed not less than 50 feet from any property line; additional minimum standards shall apply (see sections 106-97 & 106-148).

(b)

All exterior lighting must be designed such that it does not cause a nuisance to neighboring home owners and passing vehicles. Security illumination on institutional property should not extend beyond the near side of abutting ROW of public streets.

(c)

Within I, Institutional district, the following uses are strictly prohibited:

(1)

Junkyards.

(2)

Crematoriums.

(3)

Commercial chicken growing houses (chicken houses).

(4)

Using semi-truck trailers and former shipping containers for storage.

(Ord. No. 01252, Sec. 106-66, 12-12-2005; Ord. No. 01269, exh. 2008-I (106-66, 12-8-2008; Ord. No. 01284, exh. 2016-B(106-66), 6-13-2016; Ord. No. 01312, § 1(Exh. 2024-B), 3-11-2024)

(a)

Within M-1, light manufacturing industrial district, the following uses shall be permitted:

(1)

Railroad, bus and truck terminals, warehousing and wholesaling; and additional minimum standards shall apply (see sections 106-97 & 106-148).

(2)

Any retail or service establishment dependent on, or closely related to the manufacturing industries to include service stations.

(3)

Public utilities.

(4)

Storage yards including building materials and lumberyards provided such uses are screened from view by a buffer strip at least six feet high. Such buffer strip shall comply with all setback requirements of the district.

(5)

Outdoor advertising signs (billboards), provided they comply with the setback requirements of the district.

(6)

Cell tower and other radio/television transmission towers, including radio stations themselves.

(7)

Mini-warehouses.

(8)

Industries manufacturing cotton, thread and yarn, apparel, furniture, machine shops, dairy products and the like, provided they are not injurious to adjacent land uses by reason of noise, smoke, vibration, dust, odors, fire and explosive hazards.

(9)

Municipal land uses which fulfill the requirements of a type 1, type 2 and type 3 government use.

(10)

Flea markets.

(11)

Pet stores/animal shelters/kennels.

(b)

Within M-1, light manufacturing industrial district, the following uses are hereby prohibited:

(1)

Junkyards.

(2)

Commercial chicken growing houses (chicken houses).

(Ord. No. 01252, Sec. 106-67, 12-12-2005; Ord. No. 01269, exh. 2008-I (106-67, 12-8-2008; Ord. No. 01284, exh. 2016-B(106-67), 6-13-2016)

(a)

All uses permitted in M-1, are permitted in M-2; and additional minimum standards shall apply (see sections 106-97 & 106-148).

(b)

Industry which generates excessive noise, light and odor, such as steel building material, rubber compound companies, etc.

I Within M-2, heavy manufacturing industrial district, the following uses are hereby prohibited:

(1)

Junkyards.

(2)

Commercial chicken growing houses (chicken houses).

(Ord. No. 01252, Sec. 106-68, 12-12-2005; Ord. No. 01269, exh. 2008-I (106-68, 12-8-2008; Ord. No. 01284, exh. 2016-B(106-68), 6-13-2016)

(a)

Restricted to parcels of land five acres or larger. Restricted to customary agricultural pursuits, with the following stipulations:

(1)

All structures dedicated to housing animals of any type (hogs, cows, horses, etc.) shall be a minimum of 100 feet from any property line. Structures dedicated to housing chickens or other types of fowl must be a minimum of 150 feet. Additional minimum standards shall apply (see sections 106-97 & 106-148).

(b)

AP districts are dedicated to pasture land.

(c)

AC districts are dedicated to prime farmland capable of growing crops.

(1)

A winery/distillery shall be permitted by right under this zoning designation, which will include the growing of grapes for harvest, direct sale to the public and the production of wine and other fermented/processed liquids.

(2)

Additional complimentary uses of such land dedicated to the growing of grapes and zoned AC which shall be permitted include: A tasting room, which shall include tourist activities such as a restaurant and gift shop, etc. The restaurant shall follow the standard licensing processes for any typical eating establishment. The gift shop will include items promoting the winery, in addition to any other items offered by the winery owner.

(3)

Any distillery located herein must be dedicated to distilling products grown on site of the permitted winery/agriculture operation.

(d)

AT districts are dedicated to growing timber and generally are under conservation.

(e)

All residential uses and restrictions mandated in R-500, provided that the minimum lot size is met.

(f)

Within A, Agriculture, the following uses are strictly prohibited:

(1)

Junkyards.

(2)

Crematoriums.

(3)

Commercial chicken growing houses (chicken houses).

(4)

Shipping containers being used as storage sheds. Unless the shipping container is enclosed in a barn type exterior for necessary security. Such a shipping container must not be viewable by passersby and neighbors.

(Ord. No. 01252, § 106-69, 12-12-2005; Ord. No. 01269, exh. 2008-I(106-69), 12-8-2008; Ord. No. 01284, exh. 2016-B(106-69), 6-13-2016; Ord. No. 01298, § 1(Exh. 2021-A), 2-8-2021; Ord. No. 01312, § 1(Exh. 2024-B), 3-11-2024)

(a)

Restricted to various government uses, under the following categories:

(1)

GR—Government recreation. Parks, passive recreation and athletic complexes operated for public enjoyment. Athletic complexes must be located on arterial or major and minor collectors. Typically type 1 use.

(2)

GA—Government administrative. Primarily city hall and other public property/structures dedicated to controlling the operation of the governments' various segments. Typically type 2 use.

(3)

GT—Government transportation. Property owned and operated by the government for the purpose of mass transit and maintenance associated with mass transit. Typically type 3 use.

(4)

GO—Government operations. Property owned and operated by the government which does not address mass transit fields, such as police and fire departments, sewer and water treatment facilities. Typically type 2 or 3 use.

(5)

GS—Government schools. Property owned and operated by the government which is utilized for the education of the public. Typically type 1 use.

(Ord. No. 01252, Sec. 106-70, 12-12-2005)

(a)

Large scale (minimum of 25 acres), master planned development which may allow for residential development at higher density than is allowed in other developments, provided that greenspace, pedestrian trail and recreational areas are set aside and fully developed prior to a Certificate of Occupancy being issued for any structure.

(1)

PUD—Planned unit development. Master planned residential district, usually a mix of rental/resident owned property. Must have open space/recreational land set aside and dedicated for such (development rights assigned to a land trust in perpetuity [such as the nature conservancy]), as well as being completely installed prior to, a certificate of occupancy being issued. Property density in section developed may be much higher than regularly permitted. Must receive permission from planning coordinator, planning commission and the mayor and council.

(2)

PMURD—Planned mixed-use residential development. Master planned, primarily residential district, mixed use development, which also contains commercial/retail land uses. Must have open space/recreational land set aside and dedicated for such (development rights assigned to a land trust in perpetuity [such as the nature conservancy]), as well as being completely installed prior to, a certificate of occupancy being issued. Property density in section developed may be higher than regularly permitted. Must receive permission from planning coordinator, planning commission and the mayor and council.

(3)

PESS—Planned elementary school sub-division. Extremely large, minimum of 200 acres; master planned, residential sub-division based upon the construction of a single elementary school and the residential dwellings which are anticipated to, when the development is complete, provide all the students which shall attend this elementary school (it is intended that all students within this development shall be able to, and shall be anticipated to, walk to this school). All costs associated with the construction of this school shall be borne by the developers (and thus passed on to the home purchasers), and these plans must be approved by the Haralson County Board of Education. Development density may be substantially higher than permitted in other districts. Must have open space/recreational land set aside and dedicated for such, as well as being completely installed, as well as have the public school constructed (or a bond dedicated equal to the cost of the school construction plus 25%), prior to a certificate of occupancy being issued (such as the development rights being deeded to land trust/conservancy in perpetuity). If enacted at the time, various impact fees may be waived by the Mayor and council and/or Haralson County Board of Education (or whatever governmental unit adopted, instituted and collects such fees). Must receive permission from planning coordinator, planning commission, Haralson County Board of Education and the mayor and council.

(4)

Approval process. The purpose of these large scale master planned communities is to provide greater efficiency/economy of scale through higher density residential development, permanently preserved conservation tracks and close proximity of retail stores, where appropriate; which hopefully will increase walk-ability and decrease the number of car trips generated daily on a per capita basis. In relation to PESS, it is intended to strive for a garden city environment similar to Radburn, N. J.; where the elementary school/civic area/green pasture are the prime focal points, and where housing is arranged around this focal point, and lastly, where pedestrian activity is separated from automotive movement, thus substantially increasing family safety. An application fee of $150.00, in addition to any fees for rezoning and other site plan review fees, is required.

a.

A planned unit development shall be located in an area where public and private facilities and services are available, or will be made available by the time the development reaches the stage of any initial availability of occupancy and shall not be on less than 25 acres. The following shall be filed with the application for rezoning, in addition to any information otherwise required of all rezoning applications:

1.

The proposed name of the PUD, PMURD or PESS.

2.

An aerial photograph of the area and vicinity.

3.

A complete and legal description of the proposed planned unit development, to include a legal plat.

4.

A tabulation of total acreage of the site and the designation for various uses, such as parking, structures, streets, parks, playgrounds, schools, residential areas, commercial areas.

5.

Building density of residential areas.

6.

Preliminary site plan/subdivision plans. Must meet all subdivision regulations in relation to road and infrastructure requirements (sewer, storm, potable water design).

7.

Proposed circulation of vehicle and pedestrian traffic.

8.

Approval block for the Haralson County Board of Education, City of Tallapoosa Planning

Commission

and the mayor and council of the City of Tallapoosa.

9.

Statement of concurrence/awareness: All public facilities, including schools (if applicable) and recreation areas/conservation areas (conservation easement), sewer and water, streets, etc., shall be completed prior to a certificate of occupancy being issued for any residential structure.

10.

Plans shall be submitted to the planning coordinator, city manager or his/her designee. They shall be reviewed for compliance and, if in the opinion of that official, are deemed to meet all standards, a public hearing with the planning commission shall be scheduled. If the planning commission provides it approval, the plans shall be presented to the mayor and Council of Tallapoosa (except PESS). Upon receiving approval from the mayor and council, the plans final plat shall be recorded and the rezoning affective for one year, if construction does not begin.

11.

PESS. Prior to being submitted to the mayor and council, these plans must be approved by the Haralson County Board of Education, or its successor (including whatever approval is required from the State Board of Education).

b.

Within all planned community districts, the following uses are strictly prohibited:

1.

Junkyards.

2.

Crematoriums.

3.

Commercial chicken growing houses (chicken houses).

4.

Using semi-truck trailers and former shipping containers for storage.

(Ord. No. 01252, Sec. 106-71, 12-12-2005; Ord. No. 01270, exh. 2008-K, 12-8-2008; Ord. No. 01269, exh. 2008-I (106-71, 12-8-2008; Ord. No. 01284, exh. 2016-B(106-71), 6-13-2016; Ord. No. 01312, § 1(Exh. 2024-B), 3-11-2024)

Dimensional requirements for the various districts shall be as follows:

Table of Dimensional Requirements by District

(Ord. No. 01252, § 106-72, 12-12-2005; Ord. No. 01255, exh. 2006-G, 10-9-2006; Ord. No. 01264, exh. 2008-B, 7-14-2008; Ord. No. 01268, exh. 2008-H, 12-8-2008; Ord. No. 01312, § 1(Exh. 2024-B), 3-11-2024)

(a)

Manufactured homes as single-family dwellings.

(1)

Permitted locations. Manufactured homes qualifying as dwelling, single-family shall be allowed in the RM residential district and MFR-M district, and shall be regulated uniformly with other housing constructed on site, subject to requirements and limitations set forth in this section. Approval shall be provided for and either granted or denied in accordance with subsection (d) of this section.

(2)

Compatibility standards for manufactured homes meeting the definition of single-family dwelling are as follows:

a.

Manufactured homes qualifying as single-family dwellings shall be compared to site-built and other housing in the immediate general area within the same zoning or residential district or area. Approval shall be granted upon the finding that the manufactured home is substantially similar or superior in size, siding material, roof material, foundation and general aesthetic appearance to:

1.

Site-built or other forms of housing which may be permitted in the same general area under this chapter;

2.

Existing development; or

3.

Proposed development in the same zoning district or area.

b.

All towing devices, wheels and hitches must be removed.

c.

At each exterior rear and side door there must be a landing that is a minimum of 36 inches by 48 inches. Each landing shall be permanently mounted to the structure. At the main exterior front door, there must be a porch or deck, the surface of said porch or deck to be not less than 50 square feet. No temporary steps are allowed. Handrails shall be permanently attached to all steps of more than three for safety measures.

(b)

Industrialized building as single-family dwellings; permitted locations. Industrialized buildings qualifying as single-family dwellings shall be allowed in the RM and MFR-M residential districts and shall be regulated uniformly with other housing constructed on site, subject to requirements and limitations set forth in this section. Approval shall be provided for and either granted or denied in accordance with subsection (d) of this section.

(c)

Other manufactured homes and mobile homes used for residential purposes.

(1)

Permitted locations. Manufactured homes which do not meet the definition of single-family dwelling shall be permitted within areas designated as MFR-M, provided that each home complies with the standards hereinafter set forth. Mobile homes shall not be permitted in any zoning district.

(2)

Standards for placement of manufactured homes not meeting the definition of single-family dwelling:

a.

Manufactured homes not meeting the definition of single-family dwelling shall be allowed only in manufactured home parks.

b.

The manufactured home must be connected to the water and sewerage system (including well and septic tank, if applicable) approved by the health department and shall have at least two smoke detectors installed inside the home.

c.

In the event minimum installation standards have not been adopted by the state, the structure must be installed according to the manufacturer's installation instructions when available or appendix "H" of the State Building Code.

d.

The area beneath each such structure must be enclosed with materials manufactured for such purposes, including, but not limited to, brick, concrete, rock or other materials which have been approved by the building inspector. The manufactured home shall be set upon a permanent foundation.

(d)

Procedures for approval of manufactured homes classified as single-family dwelling and of other manufactured homes.

(1)

Statement of intent. It is the intent of this section to provide procedures for approval of permits for manufactured homes classified as single-family dwelling and other manufactured homes.

(2)

Form of application and procedure for filing. Applications for approval of placement of all manufactured homes shall be made on a form developed for that purpose and shall be submitted to city hall for review and approval in accordance with this chapter; provided, however, that no applications for approval of placements will be accepted for any manufactured home where said home is more than five years old. No applications for approval of mobile homes will be accepted.

(3)

Information required for application. Such applications shall include all information necessary to make determinations as to conformity with the provisions of this chapter as applicable to each such building and, as applicable, conformity with the standards herein, including photographs or renderings of the front and side of the manufactured home, exterior finish, and other information necessary to make determinations required by this chapter. The filing of an application is not complete until the nonrefundable application fee is paid.

(4)

Procedure for approval/denial of application. The decision to approve or to deny the application shall be made within five days of receipt of the application, the nonrefundable application fee, and all required supporting materials. The applicant shall be notified in writing of the approval, conditional approval or denial of the application within five working days after such decision is made. Conditional approval shall require that the conditions and reasons therefor be stated in writing and be agreed to by the applicant; such conditions shall be binding upon the applicant. In the case of disapproval, the reasons therefor shall be stated in writing.

(5)

Procedure for deviations from standards. The building official may approve deviations from the definitional or compatibility standards or architectural standards set forth in subsections (3), (4), or (5) under the definition of single-family dwelling on the basis of a finding that the materials to be utilized or the architectural style proposed for the dwelling unit will be compatible and harmonious to or superior to existing structures in the vicinity.

(6)

Annual permit requirement for manufactured homes classified as a single-family dwelling, other manufactured homes and mobile homes.

a.

All manufactured homes classified as single-family dwelling and other manufactured homes and mobile homes shall have annual permits which can be obtained through city hall. All subsequent annual permits shall be obtained through city hall. The initial applications shall have attached thereto a plat or scale drawing of the property showing the proposed manufactured home thereon.

b.

The city manager may recommend and the city council may impose certain conditions and restrictions on the granting of this permit.

c.

12 months from the date the permit is granted will be the expiration date. A renewal of the permit must meet all requirements of a new application.

d.

Applicant must produce a recorded warranty deed showing the applicant is the owner of record along with the application for the annual permit. Transfer of ownership of the property shall cause immediate revocation of the land use permit. The applicant must also produce documentation which shows that the applicant is the current owner of the manufactured home. Must be no older than five years.

e.

All manufactured homes must have electrical and sewerage hookups inspected and approved by the designated building inspector. All electrical service hookups must be mounted to the manufactured home and secured properly pursuant to the standards contained in the most current edition of the National Electrical Code as well as pursuant to the requirements of the electrical utility company.

(7)

Appeals. Appeals of the decisions of the building official in interpretations, conditional grants, or denial of permits shall be made to the board of zoning appeals in accordance with article VIII of this chapter. The decision of the board of zoning appeals shall be based on the purpose and intent of this chapter, provided that the spirit of the chapter shall be observed, public welfare and safety be secured, and substantial justice done.

(Ord. No. 01170, 11-9-1992; Ord. No. 01252, § 106-73, 12-12-2005)

(a)

All specific, current, easily identified land uses, locally identified, shall be maintained in a separate document known as the "Table of Permitted Uses." All current, locally known, or commonly and generally known, land uses shall be identified in this table and assigned, a zoning district category, where they shall be permitted to be established. Said table shall be made available to the public for their use, at the offices of the department of planning or at the desk of the city clerk. Copies shall be made available to the public for a fee of $1.00 as of the adoption of the ordinance from which this chapter is derived and said fee may be amended by resolution by the mayor and council from time to time.

(b)

Any land use not locally identified and brought to the attention of the city by an individual interested in pursuing this land use within the city limits, shall be assigned a temporary permitted land use district by the planning coordinator, city manager or his designee, provided that such a business is similar to those businesses already permitted in such a specific district and which shall not distort or irreparably damage the character or violate the restrictions, of such a specific district. This designation shall be relayed to the interested party in writing within five business days of the decision. This recommendation shall be presented by the planning coordinator (or designate) to the planning commission at their regular monthly meeting for final approval or final assignment. If the individual interested in pursuing this type of land use feels the permitted land use zoning district category designation is incorrect, he may appeal to the planning commission, city council or board of zoning appeals in writing, in hopes that the designated zoning district category can be altered from that which was recommended by the planning coordinator. Failure to appeal this decision, or a subsequent change by the planning commission, within 45 days from the latter decision being rendered, voids this appeal process.

(Ord. No. 01252, § 106-74, 12-12-2005)

(a)

Approval shall be provided by the mayor and council of Tallapoosa.

(1)

An application shall be submitted on a form to be provided by the department of planning. An application fee of $150.00 shall be included with the application. Said fee shall be amended from time to time by the mayor and council by resolution. The application for a conditional use permit shall be advertised in the Tallapoosa journal or similar newspaper of general circulation in a similar fashion as a rezoning application (including posting the property): at least 15 days prior to, but no more than 45 days prior to, the upcoming mayor and council meeting. A site plan must be provided that shows the following:

a.

The specific type of conditional use requested must be plainly stated.

b.

A plat of the property showing dimensions of parcel. Also include location and size of structures to be constructed (barns, signs, etc.), zoning of the property and list of adjoining property owners.

(2)

If the mayor and council requires additional information, the conditional use request may be tabled to the next meeting. If the requested information is not supplied by the next scheduled or called meeting, the permit application shall be denied without appeal.

(3)

Upon approval of the requested conditional use permit, the department of planning shall issue a certificate of approval: conditional use. This permit shall state the property owner, address and tax map identification of the impacted property and the specific condition which has been permitted. This certificate shall be issued no later than five days after the planning commission meeting where the conditional use was approved.

(b)

This permit is non-transferable. Upon the transfer of the property to an owner not listed on the certificate, the certificate of approval: conditional use shall be terminated and the new property owner must re-apply for the conditional use permit, under the standards then in affect for approving a conditional use request.

(c)

All decisions of the mayor and council are final, and can not be appealed unless to a court having competent jurisdiction. All appeals must be filed in writing within 30 days of the mayor and councils' decision.

(d)

Failure to comply with all conditions placed upon the approval of this permit, or failure to maintain the necessary minimum standards, shall be cause for the conditional use permit to be repealed. Such a repeal shall be determined by the planning commission, appeal, if desired, to the mayor and council, as required in number (3) directly above.

(e)

If conditional use request is denied, a second request can not be submitted for a minimum of 12 months from the date of the denial.

(Ord. No. 01252, Sec. 106-75, 12-12-2005; Ord. No. 01312, § 1(Exh. 2024-B), 3-11-2024)

(a)

Vape shops shall be a conditional use in the following zoning districts of the city:

(1)

C-1, modern retail commercial district

(2)

C-1, commercial interstate

(b)

There shall be no more than two vape shops allowed within the city at any time.

(Ord. No. 01314, § 2, 8-12-2024)

(a)

Purpose. The Technology Park Overlay District ("TPOD") is established for the development of higher echelon technology and business development seeking to develop separate facilities for management headquarters, data centers, training areas, low-impact light manufacturing, motion picture, television, and other multi-media production research and development operations and offices.

Such facilities are often grouped together in order to provide common amenities, such as adequate and convenient parking, service, and utilities. Operations shall cause no radiation or radioactivity at any exterior wall and no electrical radiation that affects any operation or equipment other than those of the creator of the radiation. The permitting of industry within this district requires a development plan, appropriate screening, adequate separation from other land uses, and stringent controls. It is the primary intent of this district to allow for such development in order to meet contemporary needs.

(1)

Principally permitted uses. In addition to all uses permissible in the city's M-1 zoning district, the following uses shall be permitted in the TPOD:

a.

Administrative operations (finance, insurance).

b.

Commercial printing.

c.

Commercial testing laboratories.

d.

Communications equipment manufacturing

e.

Computer and electronic repair and calibration.

f.

Computer operations and data processing.

g.

Data centers.

h.

Corporate offices or headquarters.

i.

Design and engineering.

j.

Drugs and pharmaceuticals distribution and/or manufacturing.

k.

Educational services.

l.

Electronic components manufacturing.

m.

Electrical substations.

n.

Hospitals, clinics, medical and dental offices, medical and dental laboratories, and veterinary clinics.

o.

Industrial controls manufacturing (used in industrial production for controlling equipment or machines).

p.

Management and professional services.

q.

Metalworking machinery production.

r.

Motion picture, television, and other multi-media production.

s.

Office machines manufacturing.

t.

Office/research.

u.

Public/Govt. buildings.

v.

Pilot plants and production facilities.

w.

Plastic, composite products manufacturing.

x.

Research and development manufacturing.

y.

Special industry machinery manufacturing.

z.

Transportation equipment manufacturing.

aa.

Unlisted use. The director may approve an unlisted use in this zoning district where the unlisted use is similar in type and nature to a listed use in that district.

(2)

Permitted accessory uses. Permitted accessory uses are as follows:

a.

Employee lunchrooms.

b.

Temporary outside storage if the same is in conjunction with pilot plants or production facility uses, subject to being screened from adjoining properties.

c.

Recreational facilities for use by tenants, employees, and clients.

d.

Private temporary living quarters associated with research and development.

e.

Storage facilities within wholly enclosed buildings.

f.

Water Storage Facilities.

g.

Trash receptacles.

h.

Telecommunication structures.

i.

On-site day care provided by businesses within the park for employees.

j.

Security structures, which may be installed within buffers and setbacks if located at approved entrances and exits.

k.

Battery storage.

l.

Alternate fuel storage.

(3)

Lot standard.

Required lot standards shall only apply to external property boundaries with other properties not zoned as part of the TPOD. Minimum lot frontages, width and acreage shall not apply to subdivided lots within the TPOD, so long as the entirety of the contiguous development complies with these standards, and so long as the subdivided lot has adequate frontage on public or private roads and access drives to allow service.

(4)

Lighting requirements. Lighting shall meet any and all lighting standards now in effect or as may hereinafter be enacted by the City.

(5)

Parking requirements. Parking shall meet any and all parking requirements now in effect or as may hereinafter be enacted by the city. Additionally, the following minimum standards shall apply within the TPOD:

a.

Each building shall provide 25 parking spaces minimum. Ancillary office buildings and other occupiable structures shall park at one space per 500 SF of GF A.

b.

Joint parking areas serving multiple buildings may be permitted onsite.

c.

Handicap accessible parking shall be provided in conformance with federal ADA requirements.

d.

Parking areas shall not extend into buffer areas.

e.

Unloading shall be onsite and not within the right-of-way.

(6)

Landscaping and Buffering. Landscaping shall meet any and all landscaping requirements now in effect or as may hereinafter be enacted by the City. Additionally, buffers for TPOD uses shall meet the following requirements depending upon location:

a.

Adjacent to residential districts: A minimum 75-foot buffer yard shall be maintained separating the TPOD property from all residential zoning districts.

b.

Adjacent to commercial zoning districts: A minimum 30-foot buffer shall be maintained separating the TPOD property from all commercial zoning districts.

c.

Adjacent to industrial zoning districts: A minimum ten-foot buffer shall be maintained separating the TPOD property from all industrial zoning districts.

(7)

Noise. Noise shall meet the requirements of chapter 42 article III of the city's Code of Ordinances now in effect and as the same may be hereafter amended, additionally:

a.

Generator testing is limited to between 7:00 a.m. and 5:00 p.m.

b.

Except for generator testing or commissioning activities, generator use is limited to backup/emergency use only.

(Ord. No. 1318, § 1(Exh. A), 10-13-2025)