In order to carry out the purposes of this ordinance, the following land use standards districts are hereby created:

R-1 Residential, Single-Family - 1. The purpose of this district is to provide and protect an environment suitable for single-family dwellings at a maximum density of one (1) dwelling unit per gross acre, together with such other accessory uses as may be necessary to and compatible with low density residential surroundings.

R-2 Residential, Single-Family - 2. The purpose of this district is to provide and protect an environment suitable for single-family dwellings at a maximum density of two (2) dwelling units per gross acre, together with such other accessory uses as may be necessary to and compatible with low density residential surroundings.

R-3 Residential, Single-Family Mixed Use. The purpose of this district is to provide and protect an environment suitable for single-family dwellings, including manufactured homes, modular homes, and stick built housing, at a maximum density of two (2) dwelling units per gross acre*, together with such other accessory uses as may be necessary to and compatible with low density residential surroundings.

*Note: The two (2) dwelling per gross acre is subject to Thomas County Health Department approval.

R-4 Residential, Single Family Detached. The purpose of this district is to provide an environment suitable for single family dwellings at a maximum density of four (4) units per acre, together with such other accessory uses as may be necessary to and compatible with medium density residential surroundings.

RM-8 Residential, Multiple Family. The purpose of this district is to provide and protect an environment suitable for multiple family condominiums, duplexes, and townhomes at a maximum density of eight (8) units per gross acre, together with such other accessory uses as may be necessary to and compatible with high density residential surroundings.

RM-11 Residential, Multiple Family. This is no longer a permitted land use district for redesignation. Properties bearing this designation shall be allowed to be developed according to the previous RM-11 regulations.

RM-APT Residential, Apartments. The purpose of the district is to provide and protect an environment suitable for apartments at a maximum density of eleven (11) units per gross acre, together with such other accessory uses as may be necessary and compatible with high density residential surroundings.

R-87 Residential, Single-Family Detached Low Density Subdivision. The purpose of this district is to provide an environment suitable for a low density subdivision of single-family detached dwellings at one (1) unit per two (2) acres, together with such other accessory uses as may be necessary to and compatible with low density surroundings.

MHP Residential, Manufactured Home. The purpose of this district is to provide and protect an environment suitable for the permanent location of manufactured homes for primary residential purposes, together with such other accessory uses as may be necessary to and compatible with medium density residential surroundings. The minimum park area shall be no less than six (6) acres.

CL Commercial, Limited. The purpose of this district is to provide and protect an environment suitable for selected office and retail commercial uses, together with such other accessory uses as may be necessary to and compatible with office/commercial and residential transitional surroundings.

CG Commercial, General. The purpose of this district is to provide and protect an environment suitable for a wide variety of commercial uses, both retail and wholesale, intended to serve a population over a wide market area, together with such other accessory uses as may be necessary to and compatible with general commercial surroundings. These uses shall not impose undesirable noise, vibration, dust, odor, or other emissions or effects on the surrounding area.

I Industrial. The purpose of this district is to provide and protect an environment suitable for manufacturing, wholesaling, warehousing and other activities that generally do not impose undesirable noise, vibration, odor, dust, or other offensive effects on the surrounding area, together with such other nonresidential uses as may be necessary to and compatible with manufacturing surroundings.

( Ord. of 5-24-22 )

The boundaries shown on the Land Use Standards Atlas Maps, Comprehensive Plan, and this Land Use Standards Ordinance identify the various districts shown above and define the uses allowed within the defined boundaries of each district.

The boundaries are as follows:

3.121

Atlas location. The maps upon which the boundaries of the land use standards districts established in Section 3.110 are shown constitute the Official Land Use Standards Atlas. The Official Land Use Standards Atlas is filed in the Office of the Planning Director and is incorporated as a part of this ordinance, and is as much a part of this ordinance as if the information contained therein was set out in full in this ordinance.

3.122

District boundaries. In the event that any uncertainty exists with respect to the intended boundaries of the various land use standards districts as shown on the Official Land Use Standards Atlas, the Planning Director shall make the interpretation using the following rules:

(1)

The land use standards district boundaries are the center lines of roads, alleys, waterways, and rights-of-way unless otherwise indicated. Wherever designation of a boundary line coincides with the location of a road, alley, waterway, or right-of-way, it shall be construed to be the boundary of such district.

(2)

Where the land use standards district boundaries do not coincide with the location of roads, alleys, waterways, and rights-of-way, but do coincide with lot lines, such lines shall be construed to be the boundary of such district.

(3)

Where the land use standards district boundaries do not coincide with the location of roads, alleys, waterways, and rights-of-way or lot lines, the land use standards district boundary shall be determined by the use of the scale shown on the Land Use Standards Atlas.

3.123

Base building line setback requirements. Base building lines are hereby established from which all front, side, and rear yard setbacks are to be measured. For all public roads in Thomas County, the base building line dimension from center line of right-of-way shall be thirty-five (35) feet. When a right-of-way from center line is greater than thirty-five (35) feet, yard setbacks shall be measured from the right-of-way line. Where no right-of-way line can be determined, the base building line dimension shall be measured from the centerline of the road or street.

No structure shall be constructed, built, moved, remodeled, reconstructed, used, nor shall any land be used or occupied except in accordance with the requirements of the land use standards district in which it is located, unless it was a nonconforming use at the time the district was created. See Section 3.261 of this ordinance for nonconformities.

The Thomas County Board of Commissioners imposes conditions on any zoning proposal which would be in the interest of public health, safety or welfare.

Zoning status resulting from the imposition of special conditions by the Thomas County Board of Commissioners on any zoning classification established in this ordinance.

No structure or land shall be constructed, built, moved, remodeled, reconstructed, used, or occupied as a conditional use except as approved under the provisions of Section 4.300 or a variance from allowed uses established in the land use regulations granted by the Thomas County Board of Commissioners.

The limited use provision allows an applicant to request that a certain property be classified as a limited use. In some areas of the County, a particular land use activity selected out of a general land use classification may have less community impact than some of the other uses within that classification. For this reason, an applicant may petition for a land use change of a property to a specified use only (i.e., C1-LU). The limited use must be among the uses permitted in the district for which the limited use was granted. If violated, the property would revert to the prior land use district classification.

Uses incidental to the zoning classification for any parcel of property.

(1)

Authorization. Accessory uses and structures are permitted in any land use standards district in connection with any principal lawfully existing permitted or conditional use within such district.

(2)

Examples of particular permitted accessory structures and uses in residential and agricultural districts. Permitted accessory structures and uses include:

(a)

Non-commercial garages, parking lots, and parking areas, together with related circulation elements.

(b)

Storage structures, shelters, greenhouses and similar structures.

(c)

Child's playhouse, gazebo and similar structures.

(d)

Non-commercial tennis courts.

(e)

Outdoor storage structures, boats, trailers, or recreational vehicles, provided that such storage structure shall not be located in a front yard and provided that such boats, trailers, or vehicles shall not be used for living, sleeping, or housekeeping purposes.

(3)

Dimensional and location regulations. No accessory structure or use in any residential land use standards district shall be closer than ten (10) feet to any property line or principal structure.

(4)

Permitted structures or accessory to commercial, industrial or mixed uses districts:

(a)

Certain outdoor storage structures, shall be located in the rear yard, fully concealed from public view with a solid fence eight (8) feet in height. Outside storage of parts, materials, or service areas shall not exceed the height of the fence.

(b)

Dumpsters, trash receptacles.

(5)

Solar energy systems. The purpose of a solar energy system is to provide energy primarily for onsite use and is considered an accessory use. A building mounted and ground mounted solar energy system is described as follows:

Solar energy system, building mounted: is an accessory use in all land use districts.

A building mounted solar energy system shall be subject to the following regulations:

(a)

Placement.

(1)

No solar energy system shall be mounted or affixed to any freestanding wall or fence.

(2)

Panels and building mounts shall be installed per manufacturer's specifications.

(3)

In residential zoning districts, a solar energy system, for aesthetic reasons, shall not be located on the front slope of a pitched roof of a principal structure unless no other location for the solar energy equipment is feasible. The county may require sun and shadow diagrams specific to the installation to ensure compliance with this provision.

(b)

Height.

(1)

Building mounted solar panels or systems shall not exceed four feet above the height of any principal building.

(c)

Permitting.

(1)

A building permit shall be required for installation of all building mounted solar energy systems.

(a)

Plans shall be submitted that include a registered engineer's stamp.

(2)

An electrical permit shall be required by a Georgia State Licensed Electrical Contractor. Compliance with National Electric Code.

Solar energy system, ground mounted: is allowed in Ag, CG, and Industrial land use districts.

A ground mounted solar energy system shall be subject to the following regulations:

(a)

Placement.

(1)

A ground mounted solar energy system shall not be located within the required front yard of a lot.

(2)

A ground mounted system shall not be located over a septic system, leach field area or identified reserve area unless approved by the Health Department.

(3)

If located in a floodplain or an area of know localized flooding, all panels, electrical wiring, automatic transfer switches, inverters, etc., shall be located above the base flood elevation.

(4)

Panels and ground mounts shall be installed per manufacturer's specifications.

(b)

Height.

(1)

The maximum height of a ground mounted solar energy system shall not exceed eight (8) feet in height as measured from the grade at the base of the structure to the highest point.

(c)

Permitting.

(1)

A building permit shall be required for installation of all ground mounted solar energy systems.

(a)

Plans shall be submitted that include a registered engineer's stamp or manufacturer's recommendation for installation.

(2)

An electrical permit shall be required by a Georgia State Licensed Electrical Contractor. Compliance with National Electric Code.

(Ord. of 4-11-17(1))

(1)

Except as modified by the provisions for conditional uses or variances, no structure shall be constructed, built, moved, remodeled, reconstructed, occupied, or used on a lot that is less than the minimum lot area, minimum lot width, minimum road frontage, or the minimum yard requirement shown in Table 1 for the land use standards district in which it is located.

(2)

No ordinary projections of a building shall extend more than two (2) feet into any required setback.

(3)

Front and rear yard, canopies, porches, or ramps are not allowed to extend more than six (6) feet into the required setback for handicap access or entrances for the disabled. The Planning Staff shall review requests for encroachment and grant or deny the proposed construction.

TABLE 1

DENSITY, AREA, YARD, AND HEIGHT REQUIREMENTS
(These regulations are subject to the State of Georgia Health Department Requirements)

SETBACKS

ALTERNATIVE DEVELOPMENT TYPES

FOOTNOTES AND PLANNED DEVELOPMENT REQUIREMENTS

(A)

Refer to Manufactured Home Park and Subdivision Ordinance.

Minimum park or subdivision area equals six (6) acre tract.

(1)

Minimum lot area designs equals seven thousand (7,000), eight thousand one hundred (8,100), ten thousand five hundred (10,500), thirteen thousand five hundred (13,500) square feet with community or public water systems and public sewer system.

(2)

Minimum lot area design of twenty-one thousand seven hundred eighty (21,780) square feet with community or public water system and individual sewage disposal—one hundred (100) foot lot width required.

(3)

Minimum lot design of forty-three thousand five hundred sixty (43,560) with individual water supply and individual sewage disposal—one hundred fifty (150) foot lot width required.

(B)

Density, lot area, and lot width design are subject to the type of water supply and sewage systems proposed or required by the Thomas County Board of Health.

(1)

Minimum lot areas are as follows:

Maximum sewer flow with approved public water is one thousand two hundred (1,200) gpad and six hundred (600) gpad without approved public water.

(C)

Lot widths—RM-8 refer to Land Use Ordinance for RM-8 design.

One hundred fifty (150) feet with public water and public sewer (apartments).

Fifty (50) feet for single-family attached units—Townhouses and condominium.

Sixty (60) feet for single-family detached units.

(D)

Each lot containing a principal building shall have the minimum road frontage on a publicly owned or maintained right-of-way but lot width must be maintained if road frontage is an entryway.

Cul-de-sac design - 60-foot minimum road frontage for each lot is required on the radius of the cul-de-sac for all zoning districts.

(E)

Must meet State Health Rules & Requirement approval.

* With approved public water.

**Without approved public water.

***With approved public water and sanitary sewer.

Lots shall be a minimum width of one hundred (100) feet or one hundred fifty (150) feet measured within the area where an approved on-site sewage management system and replacement system are to be located when served by a public water supply system or nonpublic water supply system, respectively.

For a residence or dwelling unit, the sewage load is one hundred fifty (150) gallons per bedroom per day. Maximum sewage flow with approved public water is one thousand two hundred (1,200) gallons per acre per day (gpad) and six hundred (600) gpad without approved public water.

The Planned Developments

•Conservation Subdivision

•Planned District

•TND Development

•PUD

The standards and requirements for all above planned developments provides for flexibility of design in order to promote efficient use of land and protect environmentally sensitive resources on the parcel.

These developments are alternatives to conventional subdivisions and may require specific procedures for application review, zoning, natural features inventory survey, open space, and infrastructure requirements for public water and public sewer.

The goal for planned developments shall be to maintain compatibility with nearby development and consistency with the future land use element of the Thomas County Comprehensive Plan by allowing the design of developments that are architecturally and environmentally innovative for efficient land use.

Cul-de-sac design—Sixty (60) foot minimum road frontage for each lot is required on the radius of the cul-de-sac for all zoning districts.

Buffers: Any required buffers, landscaping or screening, may not be part of the required lot area. (Subject to Technical Review Committee review.

( Ord. of 5-24-22 )

Residential (Rural) Single-Family

Residential Suburban—"Conventional" Type Subdivision Development

*Traditional Neighborhood Development (TND)—One (1) unit per ten thousand (10,000) square feet A floating district allows flexible design under a unified plan. Review and approval is detailed and specific regulations for compliance.

RM-8 and RM-APT—Residential Complexes

All RM-8 and RM-APT residential complexes must comply with the following:

1.

Public water and sewer required or Board of Commissioners approval for a private/public water system and an onsite waste water system.

2.

Minimum land area is for the project as a whole and not for individual lots within the project.

3.

These RM-8 and RM-APT developments are subject to review and approvals of buffers, screening, open space, parking, recreational areas, and streets on the proposed development plan.

4.

All RM-8 and RM-APT development such as multi-family, townhouse, condominiums or apartment complexes must receive design plan approval from the Thomas County Technical Review Committee and the Thomas County Board of Commissioners.

Planned Development Districts:

A planned district is where a variety of residential or nonresidential uses are permitted on the basis of a master plan and other development controls and includes the following:

PUD—Planned Unit Development (Mixed uses residential and commercial centers)

PDD—Planned Development District—Commercial only (CL and CG)

CSD—Conservation Subdivision—Cluster single-family residential

TND—Traditional Neighborhood Development—Residential with minor limited commercial service.

These districts are established to encourage creative design projects that are compatible uses with public facilities. Each of these districts are subject to specific design, parking buffers, landscaping, and sidewalks.

The PDD (commercial) development shall design for inter parcel connectivity.

All planned development must receive design plan approval and architectural design requirements from the Technical Review Committee and Thomas County Board of Commissioners.

COMMERCIAL, INDUSTRIAL, PROFESSIONAL, INSTITUTIONAL USES REQUIRE A ZONING DISTRICT CLASSIFICATION AS FOLLOWS:

Highway Commercial (Commercial General-CG)

Large commercial centers, shopping centers

Commercial and industrial districts requirements:

All commercial development uses shall be required to conform to the following regulations:

1.

Utilities: community water and septic systems or public water and sewer (on-site wastewater treatment facility).

2.

Site development: All grading activities shall comply with engineered plans.

3.

Screening of outside storage yards: Screened from highway (vegetative or planted).

4.

Outdoor lighting: Any direct illumination shall be shielded or hooded.

5.

Landscaping: Meet landscaping, screening, and buffering requirements.

6.

Parking areas: Meet the requirements of this ordinance.

7.

Plans: Site development plan approval by Planning Director, Public Works Director, and Technical Review Committee.

8.

Access requirements:

a.

Approval of access to develop from Georgia D.O.T. and Thomas County Public Works Director.

b.

Interparcel connectivity: any development containing or intending to contain more than one (1) building or use on-site shall provide connections to adjoining tracts. (Joint or shared drives are encouraged).

9.

Design regulations and requirements: (See Technical Review Manual for the design regulations and requirements.)

( Ord. of 5-24-22 )

( Ord. of 5-24-22 )

General.

The provisions set forth herein are intended to protect the natural features and natural resources within Thomas County and to implement policies in the comprehensive plan. The natural features and natural resources as follows relate to floodplain, water resource protection boundaries, wetlands, river corridors, and soil and erosion control intended to be protected by the Ordinance related to:

Floodplain Damage Protection.

The areas of special flood hazard identified by the Federal Emergency Management Agency in its 100-year floodplain study, dated March 9, 1990 with accompanying maps and other supporting data are adopted by reference and declared to be a part of this section and the Land Use Standards Ordinance.

(1)

It is the purpose of this section to promote the public health, safety, and welfare and to minimize public and private losses due to flood conditions in specific areas.

(2)

General construction standards must be met when there is an encroachment beyond a special flood hazard boundary.

(3)

Thomas County Planning Department has information on supporting data for review of Federal Insurance Rate Maps and Thomas County's Flood Ordinance can be accessed on the website at Chapter 50, Article II, Floods.

Water Resource Protection Boundaries.

The intent of this section is to establish minimum development standards and regulations which will afford reasonable protection of environmentally sensitive natural resources found throughout Thomas County. The findings of the Thomas County Comprehensive Plan has determined that the management of these resources is essential to the health, safety, welfare, and economic well being of the public, and to provide a guide for future growth and development in our County.

(A)

Three (3) water resource boundary protection areas are:

1.

Water sheds

2.

Wetlands

3.

River corridors

(B)

It is essential that the quality of public drinking water be ensured through management of land uses within Thomas County.

River Corridor Protection.

The following rivers have been designated as protected rivers by Thomas County and by the State of Georgia:

1.

Ochlocknee River

2.

Little Ochlocknee River

3.

Aucilla River

Purpose.

River corridors are the strips of land that flank major rivers in Thomas County and the State of Georgia.

Protection required.

Shall comprise of all land, inclusive of islands in areas being within one hundred fifty (150) feet horizontally on both sides of the rivers as measured from the river banks.

Protection criteria:

The purpose of the river corridor criteria is to help maintain high water quality of the designated rivers by insuring that:

A.

A natural vegetative buffer shall be maintained within the river corridor at all times, except as provided for in the Ordinance. Construction within the buffer is prohibited.

B.

Uses and construction permitted in the corridor that creates no impairment or river functions.

C.

Complete criteria as stated in the Protected River Corridor Ordinance in the Thomas County Subdivision Ordinance.

D.

The standards and requirements in this section do not supersede those contained in the State River Protection Act and the Erosion and Sedimentation Act except that the one hundred fifty (150) foot buffer requirement exceeds the state standards.

E.

The River Corridor Ordinance shall require a one hundred fifty (150) foot buffer as allowed by the State of Georgia.

Wetlands Protection.

General.

A wetland is any sensitive and fragile natural resource with many development constraints due to flooding, erosion and soil limitations. They provide a natural filtering of ground water for a higher quality of water, which migrates to our aquafers. These areas include the lands designated within the U.S. Fish and Wildlife Service, National Wetlands Inventory Maps (N.W.I.) The N.W.I. are available at www.fws.gov/nwi. In addition, those areas included in the Thomas County Generalized Wetland areas depicted as wetland boundaries for a delineation of boundaries by the United States Army Corps of Engineer's as required by Section 404 of the Clean Water Act, as amended. The landowner is, also, subject to federal or state permitting requirements.

Protection Criteria (local permit or permission):

(1)

No activity will be permitted within wetlands without a permit from Thomas County.

(2)

If development is located within twenty-five (25) feet of the wetland, a United States Army Corps of Engineers determination shall be required.

(3)

If the United States Army Corps of Engineers determines wetlands are present, the local permit will not be granted until a Section 404 permit or letter of permission is granted.

(4)

The Wetland Protection Ordinance of Thomas County with its amendments can be accessed on the Thomas County web site Article IV Chapter 42 of the Environment Code. Generalized Wetland maps are located at the Thomas County Planning and Zoning Department.

Soil Erosion and Sediment Control:

(A)

All soil disturbing activities undertaken require an approved soil erosion plan. Plans must be submitted to the local and state E.P.D. Division for approval and permits. Thomas County is not the issuing authority.

(B)

Best Management Practices are required for all land disturbing activities. Less than one (1) acre does not mean total exemption from some activities.

(C)

Minimum buffer requirements are twenty-five (25) feet undisturbed as best management practice around the delineated boundary of United States Army Corps of Engineers jurisdictional wetlands.

(D)

Access to the Soil Erosion and Sedimentation Ordinance can be found on Thomas County's website (Chapter 42 Environment Article III.)

NFI—Natural Features Inventory.

General.

A natural features inventory (NFI) is an inventory of all environmentally significant features on a parcel of land that is proposed for development or subdivision. Significant features include wetlands, water bodies, watercourses, floodplains, native forests, and habitats for endangered plants and animals.

I.

The requirement for a NFI inventory information can better ensure Thomas County and the developer in meeting local, state, and federal requirements for protecting various natural resources and features in Thomas County.

II.

An environmental permit application "form" shall be submitted for review of the specific finding to the Planning and Zoning Department by a qualified professional or biologist. This information and study is used to concentrate development activity away from sensitive areas as referenced in the above boundaries requiring protection. A natural features inventory is required as a part of any application for development or subdivision.

III.

Required applications for development or subdivisions:

a.

Short form—Is required on ten (10) or fewer acres. If significant natural features are identified within the property, a long form will be required.

b.

Long form—Is required for tracts larger than ten (10) acres as well as parcels of less than ten (10) acres if significant natural resources are found. The form will require a narrative of all natural features located within the site and a natural features overlay map identifying all significant areas requiring protection.

Natural features inventory forms are available at Thomas County Planning and Zoning Department. Completed forms may be submitted to the Thomas County Planning Director at regularly scheduled Technical Review Committee meetings. Thomas County staff will have fifteen (15) days to complete their review. At the end of the fifteen (15) day review period, the application will either receive approval, or the applicant will be notified if additional information is needed.

(1)

Purpose. The requirements of this section are intended to insure that every building, structure, or use erected or instituted, except for agricultural uses and buildings, shall be provided with adequate off-street parking facilities for the use of occupants, employees, visitors, and customers, and that certain uses be provided with adequate off-street loading facilities, thereby reducing congestion on public streets and promoting the safety and welfare of the public.

(2)

Existing structures and uses. Buildings, structures, or uses existing as of the effective date of this ordinance, may be modernized, altered, or repaired without providing additional off-street parking or loading facilities provided there is no increase in floor area or capacity and no change of use reduces the number of spaces of an existing parking lot or area of existing loading space.

(3)

Expansion of structure. When a structure exists as of the effective date of this ordinance and such structure is enlarged in floor area, volume, capacity, or the building area is increased to an area greater than ten (10) percent, the off-street parking and loading requirements contained in this ordinance shall be complied with for existing and new structures.

(4)

Change in use. If after the effective date of this ordinance, a change in the use of a building or structure would result in a requirement for additional parking over that required for the existing use, then all off-street parking and loading requirements contained in this ordinance shall be complied with for the new use.

(5)

Nonconforming uses. When repairs and alterations are to be made in a building occupied by a nonconforming use, all off-street parking requirements contained in this ordinance shall be complied with if the cost of repairs and alterations exceed fifty (50) percent of the assessed value of the building or structure.

(1)

Design standards.

(a)

An off-street parking space, other than a parallel parking space, shall consist of a minimum net area of one hundred eighty (180) square feet (nine (9) by twenty (20) feet) exclusive of access drives or aisles. A handicapped off-street parking space shall be a minimum of thirteen (13) feet by twenty (20) feet and comply with the Americans with Disabilities Act Standards for design and be appropriately marked.

(b)

Parking lot aisle widths shall be in accordance with Table 2.

TABLE 2

PARKING AISLE WIDTH

(c)

All off-street parking facilities shall be drained so as not to cause any nuisance to adjacent private or public property. Drainage design is subject to Technical Review Committee approval.

(d)

No paving other than entrance or exit drives shall be installed within ten (10) feet of adjoining property or within fifteen (15) feet of the front property line, and unpaved area shall be planted and appropriately maintained in accordance with the provisions of this ordinance for landscaping (See Section 3.230).

(e)

All parking areas for all uses shall be designed so that motor vehicles can exit without backing into a street.

All off-street parking, loading, and service areas shall be separated from walkways, sidewalks, and streets by curbing or other suitable protective devices.

Off-street parking and loading areas that are used at night shall have properly installed illumination for the safety of pedestrians, vehicles, and to provide security.

Each off-street parking lot or space shall be clearly marked with directional lines, arrows, lines, or signs for maximum efficiency of movement.

Parking space requirements (number) may be adjusted by the Technical Review Committee for a multi-tenant establishment, commercial center, or joint use of two (2) or more adjacent or adjoining uses. A joint use agreement must be submitted for approval by the County.

(2)

Off-street parking requirements for all districts:

The minimum number of off-street parking spaces required for each type of use shall be determined by the following:

(1)

Required off-street loading. All commercial uses shall require an off-street loading space. The loading area shall be paved using bituminous asphalt or concrete, and maintained as shown in Table 3 for all commercial and industrial development:

TABLE 3

OFF-STREET LOADING SPACES

For each auditorium, convention or exhibition hall, museum, motel, hotel, office building, sports arena or stadium, hospital, sanitarium, welfare institution, or similar use having over ten thousand (10,000) square feet of gross floor area, one (1) space shall be provided for each sixty thousand (60,000) square feet or fraction thereof.

Some industrial uses shall provide one (1) space for each ten thousand (10,000) of gross floor area.

For any use not specifically mentioned, the requirements for off-street loading shall be the same as for those for the use that is most similar to the unmentioned use.

(2)

Location of required loading spaces. Loading spaces shall be located on the same lot as the building or structure to which they are an accessory. No loading space shall be located in a required front yard setback.

Loading spaces shall not impair movement of vehicles, alleys, pedestrians, or sidewalks.

(3)

Designation and design standards. Each required loading space shall be designated as such and shall be used only for loading purposes. All off-street loading spaces shall have a minimum which of at least twelve (12) feet and a depth of fifty-five (55) feet with a minimum of fifteen (15) feet of vertical clearance.

Each off-street loading space shall be clearly marked and directional arrows and signs shall be provided to ensure maximum efficiency for loading or unloading.

(4)

Combined off-street loading. Collective, joint, or combined provisions for off-street loading facilities may be made, provided that such off-street loading facilities are equal in size and capacity to the combined requirements of the several buildings or uses and are designed, located, and arranged to be used by the individual buildings or uses. A cross access or cross unloading agreement acceptable to the County shall be executed by the owners of developments involved, guarantying the joint use of combined loading areas.

1.

Findings:

a.

The public and private benefits of trees and landscaping within the unincorporated areas of Thomas County include improving the appearance of and protecting the values of property; buffering incompatible land uses; mitigating the adverse impact of vehicular use areas; reducing the glare of headlights and reflected sunlight from parked vehicles; reducing noise; promoting air quality by increasing filtration of dust and fumes; mitigating harsh climatic conditions by absorbing heat and cooling the air; enhancing wildlife diversity by providing food, nesting sites, and shelter; reducing soil erosion; improving surface drainage and reducing flooding; and establishing and preserving the character of Thomas County.

b.

The requirement of a high level of quality in the development of land is consistent with community standards and the economic necessity of maintaining the attractiveness of Thomas County as a desirable place to live and conduct business and as a retirement and tourist destination.

2.

The purpose of this section is to:

a.

Recognize the importance of trees and other landscaping and their contribution to health, welfare, beauty, safety, history, and general well-being in all areas within Thomas County.

b.

Encourage the proliferation of trees and other landscaping.

c.

Establish reasonable minimum standards governing the preservation, planting, protection of trees and other landscaping.

Landscaping Provisions.

1.

Landscaping required.

a.

No development on a site subject to the landscaping requirements of this section shall be commenced, erected, placed, or, otherwise occur on the site unless a landscaping plan shall have first been submitted and approved in writing by the Zoning Administrator.

b.

The Zoning Administrator shall review and approve all landscaping, screening, buffering, and fencing plans.

c.

No building permit for development on a site subject to the landscaping requirements of this section shall be issued without an approved parking and landscaping plan.

d.

Prior to the issuance of a certificate of occupancy, landscaping and parking requirements shall be completed and must be approved by the Zoning Administrator.

2.

Exceptions to landscaping requirements.

All sites and uses, public and private, in all zoning districts are subject to the landscaping requirements of this section except those listed below:

a.

Single-family and two-family residential sites.

b.

Development or site alterations on an undeveloped or relatively undeveloped site and temporary uses when the development, alterations, or temporary use will not involve significant ground disturbance.

c.

Any site being operated as a licensed plant or tree nursery, for bona fide agricultural uses, or for bona fide commercial siviculture operations, provided, however, that development in connection with any building or parking lot on any portion of such site shall cause that portion of the site to be subject to the landscaping requirements. Applications for development on lots where tree harvesting has occurred will not be accepted for two (2) years after the date of the tree harvesting.

3.

Perimeter buffer requirements—Design standards:

a.

In general.

Landscaped perimeter buffers shall be established along the front, side, and rear boundary lines of the parcel. The buffers shall be reserved for landscaping materials only, with exceptions noted herein. The purpose of the buffers is to soften the visual impact of development from the public view and from adjacent property. Additional purposes of the front buffer are to foster continuity among disparate developments, to create a sense of enclosure along the road, and to create a safe and pleasant corridor for pedestrians.

b.

Front buffer.

(1)

Front buffers shall be provided as listed below.

When any off-street parking or other vehicular use area for a commercial or industrial structure greater than one thousand (1,000) square feet will not be entirely screened by an intervening building or structure from an abutting right-of-way, the area shall be designed and landscaped as follows:

(1)

A strip of land at least fifteen (15) feet in width shall be located between any abutting right-of-way and the off-street parking area which shall be landscaped to include a total of one (1) tree for each thirty (30) linear feet of abutting right-of-way or major fraction thereof. Such trees shall be located between the abutting right-of-way and off-street parking area. In addition, a hedge, wall or other durable landscaping barrier shall be placed in the buffer strip. If such a barrier is of non-living material, for each ten (10) feet or major fraction thereof, one (1) shrub or vine shall be planted abutting such barrier. Such shrubs or vines shall be planted along the street side of such barrier, unless they are of sufficient height at the time of planting to be readily visible over the top of such barrier.

(2)

All property lying between the right-of-way and off-street parking area other than the required fifteen (15) foot strip shall be landscaped with at least grass or other ground cover.

(3)

Necessary access ways from the public right-of-way through all such landscaping shall be permitted to service the parking or other vehicular use areas.

When any off-street parking or other vehicular use area for a commercial or industrial use will not be entirely screened by an intervening building or structure from an abutting property, the area shall be designed and landscaped as follows:

(1)

A strip of land at least ten (10) feet in width shall be landscaped to include a hedge or other durable landscape barrier planted no less than three (3) feet apart, not less than six (6) feet in height within one (1) year after planting to form a continuous screen between the off-street parking area or other vehicular use area and such abutting property. Such landscaped barrier shall be located between the common lot line and the off-street parking area or other vehicular use areas. A six (6) foot high one hundred (100) percent opaque wall or fence set in a six (6) foot wide landscaped buffer area may be substituted for the required six (6) foot high planted buffer.

(2)

In addition, one (1) tree shall be provided for each fifty (50) linear feet or major fraction thereof of such landscaped barrier. Such trees shall be located between the common lotline and the off-street parking area or other vehicular area. Each such strip shall be landscaped with grass, ground cover, or other permeable material.

(3)

When a parking area abuts an existing hedge, wall, or other landscape barrier the existing barrier may be used to satisfy the landscaping or screening requirements of this section, provided that the existing barrier meets all applicable requirements of this section and the required ten (10) foot side yard buffer strip is retained for landscaping.

When an off-street parking area existed as of the effective date of this ordinance and the building or use which the off-street parking lot serves is enlarged in area or capacity by more than ten (10) percent, landscaping and screening as provided for in this ordinance shall be provided for the entire off-street parking area.

Buffers.

Buffers shall be required to be located on any development project which abuts a dissimilar zoning district.

A.

Requirements for a landscape screen:

This applies to all new development or re-development properties where a landscape screen is found to be required or necessary for the developments.

1.

For a landscape screen, a minimum of fifteen (15) feet wide pervious space shall be provided unless a wider width is deemed appropriate by the Board of Commissioners.

2.

A combination of trees and shrubs shall be planted consisting of a minimum of six (6) trees and thirty (30) medium shrubs for each one hundred (100) linear foot to provide continuous coverage.

3.

Trees and shrubs shall be evergreen type.

4.

Screening structures shall be wood, masonry or vegetation with eighty (80) percent opacity.

5.

Buffer fences shall be a minimum of eight (8) feet high.

B.

Requirements for landscape buffers:

1.

Where a fifteen (15) foot natural buffer exists, it is to remain undisturbed. Do not remove undergrowth. All buffers located in wetlands or drainage basins shall meet federal or state stream buffers requirements and remain completely undisturbed.

2.

Infil of evergreen shrubs shall be planted on the exterior side of any fencing materials. The shrubs shall be a minimum of three (3) feet in height and six (6) feet on center.

3.

Structural buffers: Structural barriers such as fences or walls shall be ten (10) feet off of the right-of-way and shall be vegetated throughout the minimum area required for the buffers.

4.

Buffers may be established increased or decreased by the Board of Commissioners as part of the zoning approval within certain zoning districts.

C.

Use of buffers.

(A)

The buffers shall contain only vegetation except for the uses listed below:

(1)

Vehicle access driveways which are placed perpendicular to the buffer or driveways which are shared by adjoining parcels, access drives, linking adjacent properties to the roadway is encouraged.

(2)

Signage, lighting fixtures or utility poles, street furniture utility, and service lines.

(3)

Walls, fences, arbors, and trellises.

(B)

Critical area buffer.

(1)

A critical area buffer shall be established on all property located adjacent to a critical area. The purpose of the buffer is to preserve or restore the native, natural vegetation and trees and provide a natural filtration system for run-off from adjoining properties. The natural buffer will minimize erosion, stabilize the stream bank and protect sensitive visual resources.

(2)

The entire natural buffer shall be maintained as an undeveloped landscaped area. The minimum delineated width or setback shall be twenty-five (25) feet.

(3)

Development is prohibited in the critical buffers areas except as provided below: paths, steps, decks, gazebo's, furniture, docks, erosion control devices (not stormwater ponds) and any other elements linked to the critical area which are permitted by Federal (Corps of Engineers) or State of Georgia EPD Agencies for encroachment.

Perimeter/Parking Lot Area—Screening Requirements.

A.

All parking areas shall be screened from the road with shrubbery, walls, fences, berms, or some combination. These devices shall be installed so as to screen the parking along the front, side, and rear buffer adjoining parking lots.

Front: Fifteen (15) foot required.

Side: Ten (10) foot (or joint use parking, six (6) foot behind the building).

Rear: Ten (10) foot required.

Interior parking lot area—Landscape requirements.

A.

Parking lots with twenty (20) or more parking spaces shall provide interior landscaping.

1.

Interior planting area may be located in tree islands at the end of parking bays or between rows of parking spaces.

2.

Landscape islands in parking lots shall be located so as to define and direct vehicle movement. Islands shall have a minimum width of eight (8) feet.

General Landscape Standards for Parking Areas.

A.

Minimum specifications for plant materials.

1.

Submit landscape plan for approval by Technical Review Committee and Zoning Administrator. A combination of trees and medium size shrubs shall be planted.

2.

Shrubs shall meet current American Nursery and Landscape Association Standards.

3.

Shrubs shall be at least sixteen (16) inches in height at time of planting and six (6) feet on center in line or staggered.

4.

At installation evergreen trees shall not be less than eight (8) feet in height with a minimum two (2) inch caliper. Trees shall consist of one (1) maturing tree per forty (40) linear feet minimum.

Utility Screening Requirements and Lighting.

(1)

All trash receptacles, dumpsters, large fixed operating machinery, utility equipment and loading areas shall be screened from view so they are not visible from the road right-of-way.

(2)

Stormwater management facility. A visual screen shall be placed around the entire perimeter of retention or detention facilities and shall be fenced for safety purposes.

(3)

Outdoor lighting of all types shall be directed so as to reflect away from all residential areas, and shall not reflect directly into any public rights-of-way.

Fences and Walls.

Fences and free standing walls are allowed subject to the following standards:

(A)

For use in residential district of R-1, R-2, and R-3 development the following standards apply:

(1)

A fence in any required front yard provided the fence does not exceed forty-eight (48) inches in height.

(2)

A fence or wall in any rear or side yard provided the fence or wall does not exceed six (6) feet in height.

(3)

Fence materials allowed:

a.

Opaque: Wood, masonry, or stone polyurethane.

b.

Decorative: Wood, stone, masonry, or wrought iron.

c.

Chain links: Green or black preferable (rear and side yards only).

d.

Field fencing, welded, allowed only in estate residential.

e.

Electric fences and barbed wire are not allowed on top of fencing and shall not be allowed in residential subdivisions.

(4)

The framework for newly constructed fences and walls shall face toward the builders property, except where fences are jointly constructed.

(5)

Fences shall not lean at an angle from the vertical plane greater than five (5) percent.

Use of fences and walls in RM-11, commercial general, commercial limited, industrial PUD, or a mixed use planned development the following standards apply:

(1)

In any front yard and side yard adjacent to a public right-of-way, a semi-open fence may not exceed eight (8) feet in height (chain link fencing is not allowed in any front yard).

(2)

Landscaping should be installed on both sides of a fence in any front yard.

(3)

An opaque fence that exceeds forty-eight (48) inches and is no taller than eight (8) feet is permitted in any yard adjacent to a public right-of-way, if it is set back from the right-of-way line by no less than six (6) feet and is landscaped with shrubs and trees.

(4)

An opaque fence may be installed in any rear or side yard provided it does not exceed eight (8) feet in height and does not extend past the front wall of the building into the front yard.

(5)

The framework for newly constructed fences and walls shall face the builders property, except where fences are jointly constructed.

(6)

Fences shall not lean at an angle from the vertical plane greater than five (5) degrees.

Vision Clearance Area.

(1)

Vision clearance areas shall be provided at intersection with the minimum distance of twenty-five (25) feet measured from street curb or edge of street paving.

(2)

The vision clearance area shall contain no plantings, fences, wall, signs, or structures exceeding two and one-half (2½) feet in height measured from the top of the curb except that street trees may be located in this area, provided all branches and foliage are removed to a height of eight (8) feet above the grade.

Temporary uses are permitted in Ag, Ag conservation, rural residential, CG, CL, and industrial zoning districts subject to the requirements hereinafter established, provided that all temporary uses shall meet the dimensional requirements for the land use standards district in which the use is located.

Permitted temporary uses include:

(1)

Construction offices, which may be used for security purposes, and equipment sheds in any land use standards district in which erection, addition, relocation or structural relocation is taking place. Such use shall be limited to the period of actual construction and no more than one (1) security employee may live in the construction or sales office.

(2)

Manufactured homes or RV's.

(a)

Manufactured homes may be used as construction or sales offices in any district in which erection, addition, relocation, or structural relocation is taking place provided that the manufactured home shall not remain after the period of actual construction is completed.

(b)

Manufactured homes as temporary shelter incidental to construction of a residence in agricultural districts (Ag, Ag conservation, and rural residential) are allowed. Prior to occupancy of such manufactured home, permits for the principal residence must be acquired. Occupancy of the manufactured home shall be restricted to that period of time during which construction is taking place in accordance with a valid building permit and shall not remain after completion of the principal residence. The required impact fee shall be paid at the issuance of the building permit.

(c)

RV's must meet the same requirements as manufactured homes when used as a construction office.

(d)

Pre-1976 mobile homes or neither a manufactured home or RV for purposes of the Ordinance and are not a permitted use.

The Board of Commissioners may approve a variance for the use of one (1) hardship manufactured home or travel trailer. The application for such variance shall be heard at public hearings. The placement of one (1) hardship manufactured home or travel trailer on an occupied residential lot may be allowed if it is established that a genuine hardship exists only by reason of medical disability or age and the following variance criterias are met:

A.

The term "medical hardship" is defined as a condition where a person's whose health or mental condition necessitates attention and supervision from the immediate family located in the principle dwelling on the residential lot. The subject occupant of the manufactured home/travel trailer must be a relative by blood or marriage of the owner of the property.

B.

To establish a medical hardship the applicant must supply a medical statement from a licensed physician stating the medical condition and that the affected person requires full time attention and supervision.

C.

Satisfactory evidence that the principle dwelling on the lot does not contain sufficient facilities or lacks the space to accommodate the proposed occupant of the manufactured home.

D.

Standards for placement:

1.

The manufactured home used shall be located in the rear yard of the lot of the principal dwelling and within fifty (50) feet of the principal dwelling. The dimensional requirements of the manufactured home, lot size, and setbacks in the rear and side yards must be met and approved by the Planning Director.

2.

The Thomas County Health Department must certify that the placement of the manufactured home on the lot will not result in the septic system failing to meet the appropriate standards for water and sewer.

E.

Renewal of a medical hardship variance:

An applicant may renew the medical hardship permit for a period of twelve (12) months by submitting an application to continue the hardship. To re-apply the applicant shall submit the following:

1.

A completed application to be filed on forms required by the Planning Director.

2.

A nonrefundable application fee of two hundred dollars ($200.00) yearly to continue the temporary hardship.

3.

An on-site inspection of the unit for "compliance" with the original variance. If the unit or yard area or use has changed, the application process will be denied.

4.

Any other information necessary to make determinations as to conformity requested by the Planning Director.

5.

A separate statement of the applicant that acknowledges the temporary nature of the medical hardship permit and that the applicant and landowner shall remove the manufactured home within sixty (60) days of termination of the medical hardship.

Under no circumstances shall the manufactured home or travel trailer be rented or occupied by anyone other than the person suffering from the medical hardship, nor shall it be used for storage, or any other similar use.

F.

When circumstances supporting the medical hardship end, the applicant shall remove the manufactured home from the premises. Failure to remove the manufactured home from the lot within sixty (60) days of termination of the hardship shall be a violation of this ordinance and treated as a misdemeanor. Each day past the 60-day period shall be a separate offense. The director of the planning department is authorized to seek immediate compliance of this ordinance by legal process by instituting an injunction or other appropriate action to remove the manufactured home or person from the premises at the expense of the applicant. In such event, the applicant shall be assessed the costs of removal of the manufactured home and any additional monetary relief the court may award.

( Ord. of 5-24-22 )

(1)

Purpose. The purpose of this section is to regulate and limit, when appropriate, the continued existence of uses, lots, and structures established prior to the effective date of this ordinance which do not conform to the provisions of this ordinance. Many non-conformities may continue, but the provisions of this section are intended to curtail substantial investment in non-conformities and to bring about their eventual elimination, when appropriate.

(2)

Authority to continue. Non-conforming uses and structures may continue in accordance with the provisions of this section.

(3)

Ordinary repair and maintenance. Normal repair and maintenance of non-conforming uses and structures may be performed. All structures, buildings or uses shall comply with the fire codes, safety codes, building codes, or other regulations when repaired.

(4)

Expansion. Enlargement of a non-conforming use by additions to the structure in which they are located or by expansion of the land occupied require that the non-conforming use be brought into compliance with this ordinance. Any expansion of a non-conforming structure shall be in conformance with the provisions of this ordinance. This shall not prevent expansion as long as the non-conformity is not increased.

(5)

Relocation. A non-conforming use or structure that is moved shall be brought into conformity with these ordinances.

(6)

Termination. When a structure housing a non-conforming use or a non-conforming structure is damaged or destroyed so that the cost of repair exceeds seventy-five (75) percent or more of its assessed value, the use or structure shall not be restored unless it conforms to the provisions of this Ordinance, unless a building permit to restore the structure is obtained within twelve (12) months of the damage or destruction and restoration is completed within twelve months of the issuance of the building permit.

(7)

Abandonment. A non-conforming use which has been discontinued for a continuous period of one (1) year shall not be re-established. Any future use after such abandonment shall be in conformity with the provisions of the Land Use Standards Ordinance. (Amd. of 11-25-02)

(8)

To protect the public from inconsistent zoning requirements and to make non-conforming uses as consistent with conforming uses as possible. Non-conforming must comply to the extent feasible with zoning requirements such as parking, landscaping, set back, outside storage, screening or buffering requirements for the zoning district.

(Ord. of 4-11-17(1))

A residence which is determined to be non-conforming within a land use district in which the residence is located may be continued and is exempted from the provisions of this section.

(Ord. of 4-11-17(1))

In any district principal permitted structures and customary accessory buildings may be erected on any single lot of record existing on the effective date of this Ordinance, notwithstanding limitations imposed by other provisions of the Ordinance. This provision shall apply even though such lot fails to meet the requirements for area, width, or frontage that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area, width, or frontage of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard dimensions and requirements other than those applying to area or width shall be obtained only through action of the Thomas County Board of Commissioners.

(Ord. of 4-11-17(1); Ord. of 5-24-22 )

No animals shall be kept in any residential districts except those generally recognized as household domestic pets, such as dogs, cats, caged birds, and rabbits.

The number of animals in residential districts R-1, R-2, R-3, R-4, RM-8, RM-11, RM-APT, MHP and Estate Residential shall be limited to four (4.) Pigs, goats, emus, and ostritch shall be considered livestock and are not domestic pets and are excluded in all residential developments. Any shelter, dog house, pens, or enclosure shall meet a minimum setback of ten (10) feet on side and rear yard boundaries. Rear yards are to be fenced for outdoor runs. These standards shall include compliance with the nuisance requirements and regulations pertaining to animal control as set forth in the Thomas County Animal Control Ordinances.

(Ord. of 4-11-17(1); Ord. of 5-24-22 )

A minimum land area of two (2) acres is required when keeping domestic animals or pets in the rural residential, ag conservation, and ag district.

It shall be considered the maintaining of a kennel when the number of pets are boarded or housed at any structure exceeding the amount of five (5) over the age of (9) nine months. Any shelter, dog house, pens, enclosure shall meet a minimum of forty (40) feet setback on the side and rear yard boundaries. Outdoor runs, pens, or enclosures with concrete floors requiring a wash out shall be connected to an approved sanitary disposal or small septic system. Odor and pest control is required so as not to create a nuisance. Compliance with the nuisance requirements and regulations pertaining to animal control as set forth in the Thomas County Animal Control Ordinance.

(Ord. of 4-11-17(1))

Veterinary clinics, animal hospitals, and boarding facilities with or without kennels are permissible.

(A)

Animal hospitals and veterinary clinics are permissible in the CG and CL zoned districts, subject to site design standards for the district and in the Highway Commercial and Crossroads/Neighborhood Commercial district boundaries.

Design standards for an animal hospital and veterinary clinic are as follows:

(Ord. of 4-11-17(1))

The maintaining of a kennel occurs when the number of domestic animals or pets being boarded or housed at any structure exceeds six (6) over the age of nine (9) months.

Commercial kennels for pet shops, breeder's facility, dog grooming shops, day care, or boarding is a business and are allowed in the following districts:

•Commercial General

•Commercial Limited

•Highway Commercial

•Cross Road/Neighborhood Commercial

The design standards for commercial kennels are as follows:

These standards shall include compliance with the Nuisance requirements and regulations to Animal Control as set forth in the Thomas County Animal Control Ordinance.

(Ord. of 4-11-17(1))

Moved to page 17 [of ordinance] and is now Subsection 3.123.

In general home occupations are considered accessory uses to residential development.

Standards for all home occupations:

A.

All home occupations shall have a business license with Thomas County.

B.

Employees of the home occupation shall be limited to the residents of the dwelling and must reside full time at the residence.

C.

The home occupation shall be clearly incidental to the residential use of the dwelling.

D.

The use of the dwelling for a home occupation shall not change the residential character of the building.

E.

No internal or external alterations which are inconsistent with the residential use or character of the dwelling shall be permitted.

F.

Products for sale or use in the home occupation shall not be visible from the street.

G.

Use of a dwelling for a home occupation shall not exceed twenty five (25) percent of one (1) floor of the dwelling.

H.

The home occupation shall not constitute a "nuisance" to the surrounding neighborhood, as evidenced by the use of machinery or equipment that produces noise, smoke, odor, vibration, electrical interference, or other objectionable condition beyond the property line of the lot on which the home occupation is located.

I.

Outside storage of materials used in connection with a home occupation is prohibited.

J.

A home occupation shall not be conducted in an accessory building; however, storage of materials is permissible in accessory buildings.

K.

Up to two vehicles may be used in connection with the home occupation, provided that such vehicles are parked only in the rear yard.

L.

No business shall be conducted between the hours of 8:00 p.m. and 7:00 a.m.

M.

Only one (1) wall or ground sign shall be permissible in associated with the home occupation. The sign shall comply with the following standards:

1.

The sign shall not exceed two (2) square feet in area;

2.

The sign shall be motionless and unlit.

3.

The ground sign shall be no more than eight (8) feet from the dwelling and not exceed four (4) feet in total height.

N.

No on-street parking shall be permitted and adequate off street parking shall be provided for clients or customers.

(Ord. of 4-11-17(1))

This group of services include: establishments providing social services and rehabilitation services to those with social or personal problems requiring special services and to the handicapped and disadvantaged. These sub groups consist of a wide variety of specific services as listed in the Standard Industrial Classification Manual.

All proposed uses for care type facilities shall comply with the Georgia Department of Human Resources regulations and the Office of Regulatory Services for license and operation. All proposals requiring a conditional use approval shall follow the application requirements for a conditional use zoning. Thomas County Planning & Zoning must review all proposals for uses allowed in table 4 of the Land Use Ordinance and the Standard Industrial Classification Manual.

Residential Care (836): Permitted in CG zoning district. Conditional Use in RM-11, CL, and Ag zoning districts.

1.

Children or aged and special categories - provides residential, social, and personal care.

2.

Twenty-four hour year round care.

3.

Some limits on ability for self-care.

4.

Where medical care is not a major element.

5.

Requires a freestanding facility not a residence.

Social Services (839): Not elsewhere classified. Permitted in a CG zoning district. Conditional Use in an Ag, RM-11, and C.L. zoning district. Accessory use in an Industrial zoning district.

1.

Organizations soliciting and allocating funds for social welfare and social service.

2.

Managed by groups, boards, councils, or organizations.

3.

Requires a freestanding facility and have compatibility with residential designed neighborhood.

4.

Not permitted in residential subdivisions in a dwelling.

Personal Care Home (1100): A building or group of buildings, or a facility, which provides two (2) or more beds and other facilities and services, including room meals, and personal care for non-family ambulatory adults. Personal care homes shall be classified as family, group, or congregate. This term does not include buildings which are devoted to independent living units which include kitchen facilities in which residents have the option of preparing and servicing some or all of their own meals or boarding facilities which do not provide personal care.

Personal Care Home, Family (2-6 people) (1101): A home for adults in a family type residence, non-institutional in character which offer care to not less than two (2) and more than six (6) persons.

1.

Twenty-four hour year round care permissible.

2.

Some limits on ability for self-care.

3.

Adults only - between two (2) and six (6).

4.

Allowed in residential dwellings under conditional use.

5.

Shall meet all state DHR rules for permit approval.

Conditional Use in an AG, R-1, R-2, R-3, R-4, R-87 and CL zoning district.

Permitted in a RM-11 zoning district.

Personal Care Home, Group (7-15 people) (1102): A home for adults in a residence or other type building(s) non-institutional in character, which offers care to not less than seven (7) and more than fifteen (15) persons.

1.

Twenty-four (24) hour care permissible.

2.

Some limits on ability for self-care such as disabled, blind, physically/mentally disabled needing supervised care.

3.

Adults only - between 7-15 people.

4.

Requires freestanding facility structure in CL and CG zoning districts. Requires residential dwelling in RM-11 zoning district. Permissible in residential structure in Ag and CL zoning districts.

Personal Care Home, Congregate (1103): A home for adults which offers care to sixteen (16) or more persons.

1.

Twenty-four hour year round care permissible.

2.

Some limits on ability for self-care.

3.

Adults only.

4.

Requires free standing facility in CL & CG zoning district.

Requires multi- family residential dwelling in RM-11 zoning district.

Requires larger residential designed dwelling in an AG zoning districts.

Child Day Care Services/Adult Day Care (835): There are two type of child daycare and are as follows:

Type A: Family Day Care Home—A "facility" located in a single family dwelling which receives not more than six (6) children under seventeen (17) years of age, for more than four (4) hours and less than twenty-four (24) hours per day.

1.

If no more than six (6) children are kept within the residence the use may be considered a home occupation.

2.

Applicant must comply with state licensing and permitting.

3.

Type A facilities are permitted in all residential districts.

4.

Loading and unloading must be located off street and the site must meet the minimum lot area for the zoning district.

Type B: Day Care Centers/Facilities—Facilities providing care for children on a regular or non-recurring basis for seven (7) or more children under eighteen (18) years of age for group care, for more than four (4) hours and less than twenty four (24) hours per day.

1.

Day Care Centers 19 or more are permissible in RM-11 & CG zoning districts.

2.

Day Care Facility up to seven (7) no more than 18 are permissible in a CG zoning district.

3.

Day Care Homes up to seven (7) or not more than 12 are permissible in a RM-11 zoning district.

4.

Day Care Centers/Facilities are subject to compatible design and architecture for approval of permit by Thomas County.

5.

All facilities regulated in this section shall comply with State DHR permits and license.

6.

All center/homes or facilities shall provide for loading and unloading to be off-street.

7.

All proposed development site must meet the minimum lot are requirements for the zoning district.

Adult Day Care/Type A, Residential. Adult day care in a residential dwelling shall be limited to the provision of care and supervision to not more than six (6) persons.

1.

When the adult day care facility is operated as a home occupation, it shall comply with regulations of the land use standards ordinance pertaining to home occupations.

2.

Hours of operation (four (4) or more hours) but less than 24 hours.

3.

Applicant must comply with State DHR license and permits and Thomas County registration for occupation license.

4.

All proposed development sites must meet the minimum lot area requirements for the zoning district for safety and welfare of the persons.

Residential Care (836):

Community Living Arrangements (CLAs) (8365): A community living arrangement is any residence, whether operated for profit or not, that undertakes through its ownership or management to provide or arrange for the provision of daily personal services, supports, care or treatment exclusively for two or more adults who are not related to the owner or administrator by blood or marriage and whose residential service are financially supported, in whole or in part, by funds designated through the department of Human Resources, Division of Mental Health, Developmental Disabilities, and Addictive Diseases.

Establishment of a community living arrangement (CLA) is a sub-group classification under major group 836 pertaining to residential care. The proposal of a CLA is only one of a wide variety of classifications under residential care.

The CLA is similar to adult day care with the exception that a CLA provides 24 hour around the year individual and family type social services funded by the State Department of Human Resources. Community Living Arrangements shall comply with the following:

A.

A CLA may be established in the following zoning districts:

Ag

R-1

R-3

RM-11

B.

Number of persons allowed: No more than six (6) adults are allowed in a residential dwelling where subdivision covenants and deed restrictions do not prohibit.

C.

Approval process:

1.

Thomas County Planning Department shall review all applications for compliance with zoning, building types, and other county regulations.

2.

Local registration with Thomas County for a business and obtain a "home occupation" occupational license, yearly, after state approval.

3.

Acquire approval letters from the State Department of Human Resources for location, plan submittal approval, state permits and license for operation.

4.

Letter of approval of potable water source and sewage disposal by the Thomas County Board of Health, Environmental specialist.

D.

Development Standards:

1.

"Use" shall not change the residential character of the neighborhood and must be compatible in design.

2.

All proposed sites must meet the minimum lot area requirements for the zoning district and lot area requirements by the Health Department.

3.

Parking: Two (2) off street parking spaces are required.

4.

Landscaping—Compatible to residential neighborhoods.

Screening—Vegetation or six (6) feet decorative fence.

Fencing—Rear yard—Fully enclosed by a four (4) foot chain link or four (4) foot solid decorative fence.

(Ord. of 4-11-17(1))

(A)

The provision of this section will apply to land divisions in the Rural Residential, Agricultural and Conservation Agricultural zoned district boundaries.

(B)

Exemptions of development requirement:

(1)

Lots created as a result of the "family farm provision" are exempt from some "subdivision standards" provided that the lots are conveyed to a grandparent, step-parent, adopted parent, sibling, child, stepchild, adopted child, or grand-child of owner of parcel to be divided (parent tract.)

(2)

Application to create lots on "bona fide family farm" shall be reviewed and processed by the Thomas County Technical Review Committee for consideration or denial of property division.

(3)

For development consideration the parcel must be listed or qualify with a FSA farm number.

(C)

Design standards for lots to be conveyed to family.

(1)

All lots created shall comply with all design standards for the zoning district in which the farm is located.

(2)

The minimum lot area is two (2) acres or one (1) acre cluster design.

(3)

All lots created under the Family Farm Provision shall meet one of the following requirements for access:

(a)

Have frontage on a Thomas County public right-of-way meeting the minimum lot width of 210 feet. Georgia Department of Transportation may require 300 feet for frontage lot access width. Only two (2) such divisions are allowed on road frontage.

(b)

An interior designed street, road, lane, or all weather access drive shall be fifty (50) feet in width, twenty (25) feet cleared, and shall be recorded as an easement with shared access right to all lots. The drive shall be accessible by fire trucks and emergency vehicles accommodating heights of fifteen (15) feet and widths of twenty-five (25) feet.

(4)

The remainder of the parent parcel after creation of lots under the Family Farm provision shall be twenty five (25) acres.

(D)

Limitations on number of divisions.

(1)

The parent parcel may be divided if no violation of State Conservation use and Preferential Assessment programs are breached. The Thomas County Tax Assessor's Office will review for compliance and approval for family division.

(2)

(a)

The parent parcel may allow division of lots and create up the permissible number of lots on the interior with a street and an approved survey by the Thomas County Technical Review Committee.

(b)

Family Farm lots are allowed subject to a recorded survey prior to the issuance of any building permits. Copies will be filed for future references and continued compliance.

(3)

Written approval of "plans" for water supply and sewage disposal must be obtained from the Thomas County Board of Health.

(4)

"Cluster" development of lots is encouraged and lots surveyed shall be pinned with permanent physical markers.

The purpose of a solar energy facility is to connect to the local utility power grid for distribution to more than one property or consumer in the electricity market as a commercial venture. A solar energy facility is a conditional use in the Ag (Agricultural) land use district, CG (Commercial General), and I (Industrial) land use district.

(1)

Mounting.

(a)

Solar panels or solar arrays shall be mounted on a suitable foundation, in accordance with the manufacturer's specifications, in order to ensure the safe operation and stability of the system. The mounting structure (fixed or tracking capable) shall be comprised of materials approved by the manufacturer, which are able to fully support the system components, in accordance with applicable building permit requirements, and all electrical wires and lines that are used in conjunction with the solar energy facility shall be installed underground.

(b)

Multiple mounting structures shall be spaced apart at the distance recommended by the manufacturer to ensure safety, maximum efficiency, maintenance, and grounds keeping.

(2)

A solar energy facility and its appurtenant components and structures shall not be located closer than five hundred (500) feet from all property lines, no closer than one thousand (1,000) feet from the property line of a habitable residential use dwelling on neighboring/adjacent property, one thousand (1,000) feet from any property located within a residential land use district, and shall not be located closer than two thousand (2,000) feet to a public right-of-way.

(3)

Placement.

(a)

Shall not be allowed in a floodplain or areas of known localized flooding.

(4)

Screening.

(a)

The facility shall be fully screened from adjoining property and adjacent roads using the natural topography or by installation of an evergreen buffer. The vegetation installed shall be a minimum of eight (8) feet in height with seventy-five (75) percent opacity at time of planting and be able to obtain one hundred (100) percent opacity within three (3) years. A landscape plan with listed plants shall be submitted. The buffer must be maintained throughout the duration of the facility.

(b)

The landscape design and plant selection shall be submitted and approved by the Thomas County Planning Department prior to the issuance of a permit. Also, a landscaping maintenance schedule must be submitted for approval by the Thomas County Planning Department prior to the issuance of a permit.

(5)

Height.

(a)

Freestanding solar panel or solar arrays shall not exceed eight (8) feet in height as measured from the grade at the base of the structure to the highest point.

(b)

Mounted solar panels or solar arrays shall not exceed eight (8) feet above the apex of the structure on which it is mounted or the maximum height for buildings in the zoning district in which it is located.

(6)

Permitting.

(a)

A building permit shall be required for installation of all ground mounted solar energy systems.

(1)

Plans shall be submitted that include a registered engineer's stamp or manufacturer's recommendation for installation.

(b)

An electrical permit shall be required by a Georgia State Licensed Electrical Contractor. Compliance with National Electric Code.

(c)

Landscape plan required.

(7)

Security.

(a)

A solar energy facility or solar farm shall be enclosed by a security fence no less than six (6) feet in height. The fencing shall be installed inside of the required evergreen buffer.

(b)

Access gates shall not be visible from the public right-of-way and equipment cabinets must be locked when not in use.

(8)

Noise sound barriers shall be required for noise mitigation around all inverter and transformer skid pads.

(9)

Glare and lighting.

(a)

The solar energy system components shall be designed with an anti-reflective coating or at least shall not produce glare that would constitute a nuisance to occupants of neighboring properties, aircraft, or persons traveling adjacent or nearby roads.

(b)

If lighting is required, it shall be activated by motion sensors, fully shielded and downcast type where the light does not spill onto any adjacent property or into the night sky.

(10)

Maintenance and upkeep. Systems shall be maintained in accordance with manufacturer's specifications. The operator of the facility shall maintain the facility including all buffer screening, in compliance with the approved plans and shall keep the facility free from weeds, dust, trash, and debris.

(11)

Site plan review. A site plan reviewed and approved by the Planning and Zoning Department shall be required prior to issuance of a permit. In addition to requirement for site plans generally, the site plan submission shall include the following information: The proposed location and dimensions of all solar panels, inverters, existing and proposed structures, screening, fencing, property lines, parking, access driveways and turnout locations, ancillary equipment, transmission lines, vegetation, the locations of any proposed solar access easements, and all required setbacks from property lines, habitable residential use dwellings on neighboring/adjacent property, and any property located within a residential land use district and standard drawings of solar energy system components.

(a)

A natural features inventory must be submitted to the Building Department before any site work is performed.

(12)

Additional submission requirements. In addition to requirements for information to be provided during the site plan review and development permitting process, the facility shall not be approved for permitting until the following are submitted:

(a)

Copy of all lease agreements and solar access easements.

(b)

Where interconnection to an electric utility grid is proposed, the applicant shall submit evidence that the electrical utility provider has been informed of the customer's intent to install an interconnected with the local electric utility grid. A copy of the approval from the local utility must be provided before the operation of an interconnected facility will be authorized.

(c)

A decommissioning plan for the anticipated service life of the facility or in the event that the facility is abandoned or has reached its life expectancy.

(d)

The applicant must provide the County with a performance guarantee in the form of a bond, irrevocable letter of credit and agreement, or other financial security acceptable to the County in the amount of one hundred twenty-five (125) percent of the estimated decommission cost minus the salvageable value, or fifty thousand dollars ($50,000.00), whichever if greater. Estimates shall be determined by an engineer licensed to practice in the State of Georgia.

(e)

The county may require other studies, reports, certifications, and/or approvals be submitted by the applicant to ensure compliance with this section.

(13)

A building permit shall be required for installation of all solar energy systems.

(14)

Removal of obsolete or unused systems. Any solar collection device or combination of devices that is not operated for a continuous period of twelve (12) months and for which there are no applications pending for permitted use of the structure at the end of such twelve (12) month period, shall be considered abandoned, whether or not the owner or operator intends to make use of the device(s). The owner of an abandoned solar collection device and the owner of the property where the abandoned solar collection device is located shall be under a duty to remove such device. If such device is not removed within a reasonable time, not to exceed three (3) months, after receipt of notice from the governing authority notifying the owner(s) of such abandonment, the governing authority may remove such device(s) and place a lien upon the property for the costs of removal. The governing authority may pursue all legal remedies available to it to insure that abandoned device(s) are removed. Delay by the governing authority in taking action shall not in any way waive the governing authority's right to take action.

(a)

The site shall be restored to as natural condition as possible within six (6) months of non-use.

(Ord. of 4-11-17(1); Ord. of 7-27-21 )

For all districts: Refer to Table 4 for Permitted, Conditional, and Accessory Uses; Table 1 for Density, Area, Yard, and Height Requirements; and, Tables 2 and 3 for Off-street Parking and Loading Requirements.

Within the various land use standards districts, as indicated on the "Thomas County, Georgia Land Use Standards District Map," and the comprehensive plan's future land use map, no land, building, or structure shall be used, constructed, erected, or altered except as indicated in Table 4 which follows. Terminology of uses and numerical identifications of uses is derived from the nationally recognized U.S. Office of Management and Budget Publication: "Standard Industrial Classification Manual, 1987." Detailed breakdowns of more specific uses may be found in this manual.

Uses permitted as a matter of right are indicated in Table 4 by the letter "P" in the appropriate column.

Uses permitted only after special review and approval by the Thomas County Board of Commissioners (see Section 4.400) are indicated in Table 4 by the letter "C" in the appropriate column.

( Ord. of 5-24-22 )

TABLE 4
PERMITTED USES BY LAND DISTRICT

P=Permitted Use

C=Conditional Use

A=Accessory Use

(Ord. of 4-11-17(1); Ord. of 5-24-22 )

The purpose of this district is to provide and protect an environment suitable for productive commercial agriculture, together with such other uses as may be necessary to and compatible with productive agricultural uses.

The following are agricultural rural zoning district boundaries as established:

Ag Agricultural

Ag Conservation

Rural Residential District

The purpose of this district is to provide and protect an environment suitable for productive commercial agriculture, together with such other uses as may be necessary to and compatible with productive agricultural uses. This district is intended to preserve the open character of certain lands within the County and to encourage low density residential use which does not require extensive public facilities and services. The regulations are to discourage the subdivision of land for urban type development.

I.

Permitted uses:

The following uses may be permitted within the Ag (Aricultural) zoning district:

(A)

Single-family detached dwelling, conventional, manufactured, or modular on an individual lot size of one (1) unit per two (2) acres.

(B)

Single-family residential—"Conservation Subdivisions" as defined in this ordinance and the rules of the Subdivision Ordinance shall meet all design, green space, and development regulations for a conservation subdivision.

Setbacks of one hundred (100) feet may be required when residential property abuts active agricultural land.

(C)

Noncommercial agriculture, poultry, live stock, and green houses as an accessory use to a residential dwelling for the principal benefit of the occupants.

(D)

School, colleges, and publicly owned and operated community structures.

(E)

Accessory uses and buildings related to benefiting the farm or Ag parcel.

(F)

Provides for agricultural use activities relating to and including forestry, livestock, farming, parks, scenic views, and recreation, fishing and hunting.

(G)

Feed lot/poultry facilities and animal husbandry structures shall not be located closer than five hundred (500) feet to a property line or right-of-way line and one thousand five hundred (1,500) feet from any habitable residential use dwelling on neighboring/adjacent property excluding any residential dwelling on the same property owned by the livestock/poultry landowner.

Any compost/dry stack houses shall be setback five hundred (500) feet from any property line.

No feed lot/chicken houses shall be located within three hundred (300) feet of any areas designated as a one hundred (100) year flood zone.

Feed lot/poultry facility's animal husbandry structures shall not be located closer than 2,000 feet from any existing property which is zoned as R-1, R-2, or R-3.

Maximum size of buildings which house animals or fowl shall be fifty (50) feet by six hundred (600) feet.

Maximum number of poultry buildings shall be eight (8).

(H)

Mining/extrication of minerals must obtain all federal and state permits for surface mining, sand pits, and fuller's earth removal. No excavation shall be located closer than one hundred (100) feet to any property line. A natural or planted landscaped buffer is required before excavation begins.

(I)

"Family Farm Provision". The provision of this section will apply to agricultural family farm divisions that are located in agricultural zoning districts. (See supplemental regulations for family farm provisions.)

(J)

Subdivision of a single parcel within the County's agricultural land use districts must be rezoned to the appropriate land use classification upon the third subdivision, prior to the sale of said parcel. However, subdivision of a single parcel into tracts of twenty-five (25) or more acres are exempted from this provision.

Parcels that are to be offered at public auction and are to be subdivided in tracts of less than twenty-five (25) acres and of three (3) tracts or more, must be rezoned prior to sale.

In the Ag district, there shall be permitted as a matter of right, to any property owner of twenty-five (25) or more contiguous acres as many as two (2) residential uses on any parcel of land under single ownership.

(K)

In the Ag-Agricultural, Ag-Conservation, and Ag-Rural Residential district two (2) divisions may have a minimum road frontage of fifty (50) feet for interior lot access.

For divisions of property into no more than two (2) residential parcels when the tract is in a legally bound covenant and current with the Georgia's Preferential Tax Conservation Program, the following conditions shall be met:

1.

The proposed division shall consist of no more than two (2) interior lots and have a remaining parent tract.

2.

The tract survey shall include required road width of fifty (50) feet in acreage calculations and not exceed five (5) acres total.

3.

The land to be divided existed as a lot or tract of record on the effective amendment date of this ordinance section and has not been subdivided since the effective date of this ordinance.

II.

Conditional uses.

Within any agricultural district certain uses may be permitted through an application process submitted to the Board of Commissioners.

1.

Telecommunications towers.

2.

Privately operated day care nurseries, preschool, kindergartens, and care homes.

3.

Utilities (gas, electrical transmission, and pipe line distribution systems.

4.

Other uses after review by Planning and Zoning staff.

III.

Tables.

DENSITY TABLE

Lot size minimum—Within any agricultural district the following lot sizes are required.

Only two (2) divisions are allowed on the public road frontage.

The remainder of the parent parcel after creation of lots under this provision shall be twenty-five (25) acres. (Refer to Section 3.268 Supplemental Regulations for Family Farm Provision.)

( Ord. of 5-24-22 )

The purpose of this district is to preserve and protect the owners of land with a legal interest which restricts development and other uses of the property in perpetuity for the public purpose of preserving the rural, open, natural, or agricultural qualities of the property. Land trust or other protective measures allows owners to hold conservation easements on these properties. The regulations are to discourage the subdivision of land for development.

I.

Permitted uses.

The following uses may be permitted within the Ag-Conservation district:

(A)

Single-family residential (conventional or manufactured), an individual lot of one (1) unit per two (2) acres.

(B)

Accessory uses and buildings related to benefiting the farm or agriculture and care takers, general managers, and tenant homes when employed on the farm or plantation.

(C)

Animal husbandry such as dog kennels, keeping of livestock, barns and stables are allowed provided no structure is located closer than one hundred (100) feet to any right-of-way or property line.

(D)

Lodge, retreat, and/or campgrounds or parks for social educational or recreational purposes are permitted.

(E)

Agricultural uses such as farming, live stock, and forestry management uses are permitted. Also, fishing and hunting for recreation.

(F)

Mining/extrication of minerals must obtain all federal and state permits for surface mining, sand pits, and fuller's earth removal. No excavation shall be located closer than one hundred (100) feet to any property line. A natural or planted landscaped buffer is required before excavation begins.

(G)

Subdivision of a single parcel within the County's agricultural land use districts must be rezoned to the appropriate land use classification upon the third subdivision, prior to the sale of said parcel. However, subdivision of a single parcel into tracts of twenty-five (25) or more acres are exempted from this provision.

Parcels that are to be offered at public auction and are to be subdivided in tracts of less than twenty-five (25) acres and of three (3) tracts or more, must be rezoned prior to sale.

In the Ag district, there shall be permitted as a matter of right, to any property owner of twenty-five (25) or more contiguous acres as many as two (2) residential uses on any parcel of land under single ownership.

(H)

Family farm provisions—See supplemental regulations for family farm provision, Section 3.268.

(I)

Conservation subdivisions—Thirty-five (35) acre parcel required. Not all tracts of land located in the Ag-Conservation boundary are in a conservation covenant and are considered Ag with the same rights as other classified Ag throughout unincorporated Thomas County. (As defined in this ordinance and the rules of the Subdivision Ordinance.)

II.

Conditional uses.

Within the conservations district certain uses may be permitted through an application process submitted to the Board of Commissioners.

1.

Telecommunications towers.

2.

Utilities (gas, electrical transmission, and pipe line distribution systems).

3.

Other uses after review by Planning and Zoning Staff.

III.

Tables.

Only two (2) divisions are allowed on the public road frontage.

The remainder of the parent parcel after creation of lots under this provision shall be twenty-five (25) acres. (Refer to Section 3.268, supplemental regulations for family farm provision.)

( Ord. of 5-24-22 )

The purpose of this district is to protect and preserve agricultural areas in the County that wish to maintain the rural atmosphere of abundant open space, pastoral views, large lot sizes, development design that is compatible with the rural character of the area. This includes promoting rural cluster zoning, conservation sub-divisions and large lot sizes. Rural residential areas in the County are transitional areas between agricultural/conservation/plantation areas and are slightly more dense development such as estate residential. Future developments should be typified by architecture that is compatible with the rural character with open space low density residential uses and large lot sizes.

I.

Permitted uses.

The following uses may be permitted within the rural residential district:

(A)

Rural density—Single-family detached dwelling conventional, manufactured, or modular on an individual lot size of one (1) unit per two (2) acres.

(B)

Single-family residential—"Conservation Subdivisions" (Cluster or large lot design) Both conventional and manufactured housing must meet all design, green space, and development regulations for a conservation subdivision as defined in this ordinance and the Subdivision Ordinance.

Buffering of one hundred (100) feet may be required when residential property abuts active agricultural land.

(C)

Noncommercial agriculture, poultry live stock raising, and green houses as an accessory use to a residential dwelling for the principal benefit of the occupants. (Limited to number of animals and ratio per acre.)

(D)

School, colleges, and publicly owned and operated community structures or public utility structures.

(E)

Accessory buildings (storage) and accessory uses that are permissible.

(F)

Provide for agricultural use activities relating to and including forestry, livestock, raising crop production and lodge retreat. Recreation for hunting and fishing.

(G)

Feed lot/poultry facility's animal husbandry structures shall not be located closer than five hundred (500) feet to a property line or right-of-way line and one thousand five hundred (1,500) feet from any habitable residential use dwelling on neighboring/adjacent property excluding any residential dwelling on the same property owned by the livestock/poultry landowner.

Any compost/dry stack houses shall be setback five hundred (500) feet from any property line.

No feed lot/chicken houses shall be located within three hundred (300) feet of any areas designated as a 100-year flood zone.

Feed lot/poultry facility's animal husbandry structures shall not be located closer than two thousand (2,000) feet from any existing property which is zoned as R-1, R-2, or R-3.

Maximum size of buildings which house animals or fowl shall be fifty (50) feet by six hundred (600) feet.

Maximum number of poultry buildings shall be eight (8).

(H)

Mining/extrication of minerals must obtain all federal and state permits for surface mining, sand pits, and fuller's earth removal. No excavation shall be located closer than one hundred (100) feet to any property line. A natural or planted landscaped buffer is required before excavation begins.

(I)

Subdivision of a single parcel within the County's agricultural land use districts must be rezoned to the appropriate land use classification upon the third subdivision, prior to the sale of said parcel. However, subdivision of a single parcel into tracts of twenty-five (25) or more acres are exempted from this provision.

Parcels that are to be offered at public auction and are to be subdivided in tracts of less than twenty-five (25) acres and of three (3) tracts or more, must be rezoned prior to sale.

In the Ag district, there shall be permitted as a matter of right, to any property owner of twenty-five (25) or more contiguous acres as many as two (2) residential uses on any parcel of land under single ownership

(J)

"Family Farm Provision" (Refer to Section 3.268 Supplemental Regulations for Family Farm Provisions.)

II.

Conditional uses.

Within the rural residential district certain uses may be permitted through an application process submitted to the Board of Commissioners. The following conditional uses may be considered:

1.

Telecommunications towers.

2.

Privately operated day care nurseries, preschool, kindergartens, and care homes.

3.

Utilities (gas, electrical transmission, and pipe line distribution systems).

4.

Other uses after review by Planning and Zoning Staff.

DENSITY TABLE

Lot size minimum - within any Rural Residential district the following lot sizes are required:

III.

Tables.

Density and development regulations.

1.

Individual site plan review and approval of individual parcels of land required.

2.

Rural development must minimize impact on open space, region, identity, and provide environmental protection.

( Ord. of 5-24-22 )

The purpose of this district is to provide an area for low density development of neighborhoods and subdivision development of exclusively residential land uses. The development area is concentrated to the north, northeast, and southwest of Thomasville. Significant development pressure in these areas is due to the availability of city water and some sewageable areas. New and infill development in the estate residential must be carefully regulated with design of streets, infrastructure, buffering, landscaping and connectivity of neighborhoods to create and maintain a sense of place.

Permitted uses within any estate residential area the following development uses may be permitted:

R-1

R-2

R-3

R-87

Conservation subdivision

SFR individual lot

(A)

R-1 Residential, Single-family—Low density residential one (1) acre is intended to provide for single-family site built conventional detached residential dwellings on individual lots at a low density development consistent with the use of private community wells, DNR approved wells, and septic tanks or on-site waste water treatment facilities.

(B)

R-2 Residential, Single-family—Medium density residential one-half (½) of an acre, twenty-one thousand seven hundred eighty (21,780) square feet. This district is intended to provide for single site built conventional family dwellings on individual lots at a moderate density of development, consistent with the use of either community water systems or community sewage on-site disposal systems or both.

(C)

R-3 Residential, Single-family—This district is intended to provide for single-family manufactured home subdivision developments of low density or medium density.

Low density (one (1) acre) development shall be consistent with the use of private community wells, DNR approved wells, septic tanks or on-site wastewater treatment facilities.

Medium density (one-half (½) of an acre, twenty-one thousand seven hundred eighty (21,780) square feet) subdivision development shall be consistent with the use of either community water systems or community sewage disposal systems or both.

Manufactured homes, modular homes, and site built conventional single-family dwellings are permitted in a R-3 subdivision:

Manufactured homes shall be designed and installed to give the appearance of a single-family conventional dwelling. The appearance would ordinarily include:

•Permanent masonry foundation

•Pitched shingle roof

•Porches at exterior doors

•A floor space commensurate with adjacent dwellings located within the district

•Exterior appearance of wood, vinyl, masonry or fiber board siding

(D)

R-87 Low density—Subdivisions of single-family detached conventional built homes are intended to provide for residential development at a very low density that are expected to become more urban in character in future years. These areas involved are generally in transition from agriculture to residential and would be considered appropriate for low density residential development. The district is characterized by very low density of housing and large lots sizes as well as uses associated with rural agriculture areas. Large lots sizes are permissible. The low densities are permitted in this subdivision generally permits on-site septic systems and private wells.

(E)

Conservation subdivision developments—Thirty-five (35) acre minimum parcel size with development of fifty (50) percent of open space. (See design and development rules and regulations for conservation subdivision in the Thomas County Subdivision Ordinance.)

This type of development will maintain a rural atmosphere while allowing new residential development design as "conservation subdivision" that incorporates significant amounts of open space and protects the sensitive land areas. Architectual styles are encouraged so as to maintain the regional rural character of Thomas County. "Franchise" or "corporate" architecture should not be included.

Cluster design with smaller lot sizes are typical designs.

(F)

Single-family detached residential individual lots (one (1) unit/two (2) acres minimum.)

The single-family detached residential lot encourages low density development in the estate residential boundaries. The low densities permitted in this district generally permit onsite septic systems and private wells when public water and public sewer is not available.

(G)

Schools, colleges, and publicly owned and operated community structures.

(H)

Public utility structures buildings and land.

(I)

Accessory uses of storage buildings.

(J)

Churches and similar places of worship.

(K)

Public park, playgrounds, community buildings, golf courses, and similar public service facilities servicing residential areas.

(L)

Secondary detached residential dwelling (guest house must meet all yard, area, and height regulations.)

II.

Conditional uses:

Within the Estate Residential district, certain uses may be considered after application to the Board of Commissioners.

1.

Telecommunications towers.

2.

Utilities (gas, electrical transmission, and pipe line distribution systems.)

3.

Other uses after review by Planning and Zoning Staff. See Section 4.300 conditional uses process of the Thomas County Land Use Standards Ordinance and Permitted Use Table 4 of the Thomas County Land Use Ordinance.

DESIGN STANDARDS TABLE

Installation of all septic systems is subject to the approval of the Thomas County Board of Health. (See rules on Board of Health in the Subdivision Ordinance.)

1.

R-2 Subdivision development may be permitted with septic tanks subject to approval by Thomas County Board of Health.

2.

R-3 Subdivision development may be permitted with septic tanks subject to approval by Thomas County Board of Health.

3.

Conservation subdivision developments are subject to review by the Planning Staff, Development Technical Review Committee, and Thomas County Board of Health. Data will be collected on proposed lot sizes, water supply, and sewage disposal systems because of flexibility of design for large lots, small lots, or cluster divisions.

DESIGN STANDARDS TABLE FOR ROAD FRONTAGE, SETBACKS, AND BUILDING HEIGHTS

*Subject to density allowed for required setbacks and lot size.

( Ord. of 5-24-22 )

The purpose of this district boundary is to provide for both small attached and detached housing at a greater density than estate and rural residential neighborhoods in Thomas County. The areas designated as suburban residential are predominately neighborhoods situated between estate residential neighborhoods of Thomas County and the city limits of Thomasville.

The suburban "higher density" residential areas that are near the City of Thomasville water and sewer utilities to receive sewer and furnish related utilities. (Pressures for the typical types of suburban residential development are greater due to availability of sewer and water.) The "higher density" type development in sewerable areas will include a mixture of owner and rental occupied housing, and provide opportunities for innovative design.

A.

The following are appropriate types of developments that may be considered in the higher density Suburban Boundary and are subject to design standards and be located in a sewerable area:

(1)

Townhomes, duplexes, condomin-
iums, and senior housing. (RM-8)

(2)

Apartments/rentals. (RM-APT)

(3)

Planned Unit Developments (PUD)—Type of development.

(4)

Conservation Subdivision—Type of development.

(5)

Mixed uses of small churches, public buildings, parks and limited neighborhood retail should be intergrated as "conditional land uses" in these predominately residential neighborhoods. All development is subject to subdivision rules and regulations, design and construction standards, and approval by the Thomas County Board of Commissioners.

B.

The boundary of the suburban district will allow many types of residential development and flexibility in terms of open space, convenient shopping, and recreational facilities.

The following uses are compatible in this predominately residential area:

(1)

Detached single-family—Two (2) acre/unit minimum subdivision. (R-87)

(2)

Detached single-family—One (1) acre/unit minimum subdivision. (R-1)

(3)

Detached single-family—One-half (½) of an acre unit minimum subdivision. (R-2)

(4)

Single-family manufactured home—One (1) acre unit minimum subdivision or one-half (½) acre unit minimum subdivision.

(5)

Single-family detached—Four (4) units per acre development. (R-4)

(6)

Conservation subdivision—Cluster development flexibility in terms of open space, fifty (50) percent green space. Subject to Conservation Ordinance design standards. (CSD)

(7)

Detached standard single-family—Individual lot—Two (2) acres minimum.

(8)

A master planned development/community with mixed uses blending residential development with schools, parks, open space, recreation, retail businesses, and services linked in a compact pattern that encourage walking and minimizes the need for auto trips within the subdivision. Compatible architectural styles are encouraged to maintain the regional character and should not include "franchise" or "corporate" architecture. (PUD)

(9)

Traditional neighborhood—Each new development should be a master planned community with mixed uses and flexibility of design standards relating to lesser setbacks, smaller lots, and amenities like sidewalks, street lamps, street trees, landscaping, and on street parking being provided. (TND)

(10)

Schools, colleges, and publicly owned and operated community structures.

(11)

Public utility structures and land.

(12)

Accessory uses of storage buildings must meet set backs, building height, location, and size requirements.

I.

Conditional uses.

Certain uses may be considered by the Thomas County Board of Commissioners for conditional uses within the Suburban Residential District and the overall Suburban Boundary.

1.

Telecommunications towers and television towers.

2.

Privately operated preschool, kindergarten, day care nurseries, and care home facilities.

3.

Utilities, gas, electrical transmission, and pipe line distribution systems.

4.

Other uses after review by the Planning Staff, if found to be appropriate. See Section 4.300 "conditional uses" process of the Thomas County Land Use Standards Ordinance and permitted uses Table 4 of the Thomas County Land Use Ordinance.

II.

Tables.

Reference 3.271.2 (A) and (B) of this Section for the various "permitted uses" allowed in the Suburban Boundary and the Suburban Residential District. For density, area, yard, and height requirements reference Table 1. Section 3.216.

The different "permitted uses" allowed are subject to water and sewer availability.

Private/public sewer and water systems will allow for higher density development of residential uses and the typical conventional subdivision.

Eleven (11) type developments are allowed in the predominately residential areas. Reference 3.271.2B. of this section.

Six (6) "higher density" type developments shall be allowed where the City of Thomasville is capable of providing water and sewer. These developments should be located near the Thomasville City Limit for utility services. (Reference 3.271.2(A) of this section.)

It is the intent of Thomas County to require new commercial developments to install appropriate improvements and comply with general design regulations intended to improve aesthetic appearance and functional enhancement.

The design regulations are intended to merge traffic engineering, civil engineering, urban design, landscape architecture, and land use planning principals into a set of regulations for commercial development.

( Ord. of 5-24-22 )

The purpose of this district is to provide an area for small, node-like commercial development and is intended to be "local serving." The retail and services within Crossroads/Neighborhood Commercial are neighborhood focal points with a concentration of small commercial, civic and public activities. A number of these identified districts are located in or near "rural residential" areas of crossroad communities and small municipalities. Every effort should be made to encourage and maintain the existing rural and scenic character of Thomas County and municipalities that may be affected. Any new development should be well designed and not negatively impact nearby uses.

I.

The following are permitted uses that may be appropriate within Crossroads/Neighborhood Commercial Districts with a zoning classification of commercial limited (CL) or commercial general (CG) uses:

1.

Retail commercial;

2.

Wholesale commercial;

3.

Medical;

4.

Nursing homes;

5.

Small office professional;

6.

Day care centers;

7.

Churches; and

8.

Public buildings and community centers.

All development must meet mixed use zoning planned unit development (PUD) or infil-development requirements of the Thomas County Subdivision Regulations, Zoning, and Development Technical Review Committee.

II.

Conditional uses.

1.

Telecommunications towers and television towers.

2.

Utilities, gas, electrical transmission, and pipe line distribution systems.

3.

Other uses after review by the Planning Staff, if found to be appropriate. See Section 4.300 "conditional uses" process of the Thomas County Land Use Standards Ordinance and permitted uses Table 4 of the Thomas County Land Use Ordinance.

_____

III.

Tables.

(A)

Standards for lot area, lot width, water and sewage requirements:

All development in the Crossroad/Neighborhood Commercial Districts must submit development plans for review and obtain approval from Technical Review and the Thomas County Board of Commissioners. Refer to the purposes of this section and permitted uses for design proposals. All lots are subject to Thomas County Health approval for private water and individual septic tanks.

Planned Developments (P.D.) should allow for multiple businesses within the parcel and provide connectivity to adjoining parcels.

*Lots developed on road frontages require 210 feet.

(B)

Standards for building locations, setbacks, and heights:

The purpose of this district is to provide areas for development or redevelopment of commercial centers. These areas function as regional focal points, designed to accommodate commercial uses that serve multiple neighborhoods as well as the greater regional area. The Highway Commercial future development areas should focus on improving the aesthetics of the retail centers through architectural guidelines, corridor boundaries and selective redevelopment, using more attractive building design and development lay out. The mix of professional, civic, and public uses should be easily accessed to major arterial roadways and key intersections where development nodes can be supported by the regional transportation network.

I.

The following are recommended uses in the highway commercial district:

Agri business;

Retail commercial;

Wholesale commercial;

Small medical;

Small office professional;

Day care centers; and

Churches.

Public buildings and commercial planned unit development with mixed use zoning of appropriate businesses.

II.

Conditional uses.

1.

Telecommunications towers and television towers.

2.

Utilities, gas, electrical transmission, and pipe line distribution systems.

3.

Other uses after review by the Planning Staff, if found to be appropriate. See Section 4.300 "conditional uses" process of the Thomas County Land Use Standards Ordinance and permitted uses Table 4 of the Thomas County Land Use Ordinance.

_____

III.

Tables.

(A)

Standards for lot area, lot width, water and sewage requirements.

*May be less when public water and public sewer is used, subject to Technical Review approval for design.

(B)

Standards for building locations, setbacks, and building heights.

Commercial Planned Development may have mixed use businesses that are appropriate in a "planned center" design. All development in the Highway Commercial District requires approval by the Thomas County Board of Commissioners and the Technical Review Committee.

The purpose of this district is to provide areas for future development or redevelopment of complexes that serve the community. Public/institutional buildings often serve as an anchor for surrounding neighborhoods and activity centers.

The public institutional district should offer quality uses for educational opportunities, employment, regional cooperation, regional identity, and sense of place.

Access management is important where public access is controlled or limited. Pedestrian accessibility and walkable environments are strongly encouraged with a master "design plan" approval, parking lot standards, and buffering requirements.

I.

Permitted uses:

The following uses may be permitted within the public/institutional district:

Public buildings (civic and government);

Professional campus (conditional use required);

Schools/Universities/Colleges;

Churches (large);

Medical (conditional use required); and

Nursing Homes (large).

II.

Conditional uses:

Within the public/institutional district other certain uses may be considered by an application process reviewed by the Thomas County Board of Commissioners.

1.

Telecommunications towers and television towers.

2.

Privately operated preschool, kindergarten, day care nurseries, and care home facilities.

3.

Utilities, gas, electrical transmission, and pipe line distribution systems.

4.

Other uses after review by the Planning Staff, if found to be appropriate. See Section 4.300 "conditional uses" process of the Thomas County Land Use Standards Ordinance and permitted uses Table 4 of the Thomas County Land Use Ordinance.

_____

III.

Tables:

(A)

Standards for lot area, lot width, and sewage systems in the public institutional district.

*A "master" development and design plan shall be required for review, and meet all of the standards in this Land Use Ordinance and the Thomas County Subdivision Regulations. The appropriate areas will be considered by the Thomas County Board of Commissioners.

(B)

Standards for setbacks and building heights.

Subject to Design: These developments shall meet all landscaping, screening, buffers, and parking lot standards.

( Ord. of 5-24-22 )

The purpose of the Employment/Industrial Districts in Thomas County is to provide areas for industrial development and employment. Industrial development provides job opportunities for residents and generates significant property tax revenue. The identified districts include areas with industrial parks, warehousing, distribution, manufacturing, and mining.

Thomas County has three (3) existing areas designated as Employment/Industrial development areas and are located in the following vicinities:

• Northwest portion of the County including an active mining area which is a high intensity manufacturing use.

• The southwest community of Metcalf includes an appropriate medium intensity industrial/manufacturing operation of a sawmill known as Metcalf Lumber Company (Hood Industries).

• The County intends to encourage or consider appropriate Industrial Development as needed near the Municipal Airport as Employment/Industrial or in the vicinity of the Municipal Airport where infrastructure of public water, public sewer, and transportation network are available. This future development area could allow light manufacturing, warehousing, and appropriate industry.

I.

Permitted uses:

The following uses are recommended for all Employment/Industrial districts:

•

Manufacturing/Industrial

•

Agribusiness

•

Mining

•

If considered as appropriate for "uses" for light industrial distributors and warehousing centers with larger office uses when needed for retail commercial and wholesale commercial, this district would be accessible to railroad systems, major highways, and airport service.

II.

Conditional use:

1.

Cell towers and TV towers.

2.

Utilities.

3.

Other uses if allowed after review by the Planning staff, and other authorities for appropriate business' after master development plan approval for future site and lots.

III.

Tables.

Reference Table I of this ordinance and the Thomas County Subdivision Ordinance for regulations pertaining to standards for parcel sizes, lot sizes, and setbacks. Appropriate businesses for commercial uses should be Light Industrial distribution centers or warehousing.

A "master development plan" shall be submitted to the Technical Review Committee for review. The Thomas County Board of Commissioners shall review and take into consideration approval or denial.

This requirement does not pertain to pre-existing development or expansion of the same business use.

(Amd. of 11-10-09; Ord. of 5-24-22 )

•Conservation subdivision

•Planned district (commercial)-PD

•TND development

•PUD

The standards and requirements for all above planned developments provides for flexibility of design in order to promote efficient use of land and protect environmentally sensitive resources on the parcel.

These developments are alternatives to conventional subdivisions and may require specific procedures for application review, zoning, natural features inventory survey, open space, and infrastructure requirements for public water and public sewer.

The goal for Planned Developments shall be to maintain compatibility with nearby development and consistency with the future land use element of the Thomas County Comprehensive Plan by allowing the design of developments that are architecturally and environmentally innovative for efficient land use.

CONSERVATION SUBDIVISION

Purpose.

It is the purpose of this ordinance to provide flexibility in ensuring preservation of green space within a master-planned residential development. A conservation subdivision design preserves green space while maintaining the prorated density of residential units for the overall site area. Neutral density is achieved by allowing smaller individual owned residential lots in neighbor-hoods that include or are adjacent to aesthetically and ecologically important areas. The goal of the design process is to identify and set aside conservation areas prior to the delineation of transportation and residential pod layouts. Green space areas include wetlands, stream buffer zones, woodlands, playing fields, and meadows, depending on the resources of the land.

The purpose of conservation subdivision design is to:

A.

Encourage development that permanently conserves natural resources such as wetlands, floodplains, streams, groundwater; forests and steep slopes; scenic roads and scenic views; archaeological and historical resources, while still allowing density neutral residential development in urban-rural transition zones;

B.

Allow for greater flexibility and creativity in the design of residential developments;

C.

Encourage compact, efficient development practices that consume less land and provide for the efficient use of infrastructure;

D.

Encourage development practices that protect local topography by conforming the development to the landscape rather than the landscape to the development, thereby reducing land clearing costs and minimizing erosion and sedimentation;

E.

Provide for a greater range of development types in the community;

F.

Further community goals for protecting open space and greenways by means other than fee simple acquisition;

G.

Provide opportunities for compatible agricultural activities adjacent to residential uses; and

H.

Encourage interaction in the community by clustering houses and orienting them closer to the street, providing public gathering places and encouraging the use of parks, open spaces, and community facilities as focal points in the neighborhood.

Definitions—For the purpose of these regulations the following terms, whenever used in these regulations, shall have the meaning indicated for the Conservation Subdivisions:

(1)

Cluster development: A form of residential development that concentrates buildings or lots on a part of the site to allow the remaining land to be used for common open space, recreations, and preservation of environmentally sensitive features. The concentration of lots is facilitated by a reduction in lot size. A cluster development will consist of one (1) or more cluster groups surrounded by common open space.

(2)

Common facilities: All the real property and improvements set aside for the common use and enjoyment of the residents of a cluster development, including, but not limited to, buildings, open space, private streets, parking areas, walkways, recreation areas, drainage easements, and any utilities that service more than one (1) unit, such as sewerage and water supply facilities.

(3)

Conservation easement: The grant of a property right of interest from the property owner to another person, agency, unit of government, or organization stipulating that the described land shall remain in its natural, scenic, open, or wooded state, precluding future or additional development.

(4)

Deed restriction: A restriction on the use of a property set forth in the deed.

(5)

Density neutral: Density neutral means that the number of units allowed in a conservation subdivision design shall be equal to the number of units allowed using a conventional subdivision design.

(6)

Farmstead: A group of existing buildings with accessory structures used for agricultural purposes, such as barns, silos, and storage sheds.

(7)

Floodplains: Those lands, including the floodplain, flood fringe, floodway, and channel, subject to inundation by the 100-year recurrence interval flood or, where such data are not available, the maximum flood of record.

(8)

Homeowners' Association: An association combining individual home ownership with shared use, ownership, maintenance, and responsibility for common property or facilities, including private open space, within a cluster development.

(9)

Housing density determination: Process of determining the maximum number of units that can be developed in a conservation subdivision.

(10)

Nonprofit conservation organization: A nonprofit corporation, charitable trust, or other nonprofit organization described in Section 501(c)(3) of the Internal Revenue Code, which includes the "acquisition of property or rights in property for conservation purposes" as part of its mission, as reflected in the bylaws, charter, or incorporation papers of the organization.

(11)

Open space: Open space is the portion of the conservation subdivision that has been set aside for permanent protection. Activities within the open space are restricted in perpetuity through the use of an approved legal instrument.

(12)

Preliminary conceptual site plan: This plan shows the primary and secondary conservation features as well as the tentative location of houses, lots, and streets.

(13)

Site map: A map showing the locations of the primary and secondary conservation features as well as water features, soils, topography, vegetation, planned open space, and roads.

General regulations.

A.

Applicability of regulations. In order to achieve these purposes, the conservation subdivision design is available as a use by right in the following district boundaries:

1.

Ag district.

2.

Ag conservation.

3.

Rural residential.

4.

Estate residential.

5.

Suburban residential.

(1)

Conservation subdivisions are most appropriate near urban-rural transitional areas where densities are lower.

(2)

The following classifications of a minor or major conservation subdivisions relate to the minimum acres required for development in the following district boundaries:

(3)

Conservation subdivision in Ag districts. The Ag-Agricultural zoning district permits a wide array of uses, some of which may conflict with the enjoyment of one's property as a residential use. The Board of Commissioners may approve a site plan for a conservation subdivision on property zoned Ag upon finding the proposed subdivision is compatible or may be consistent with development surrounding the proposed subdivision. The regulations in this chapter shall be applicable upon approval of the site plan by the Board of Commissioners.

(4)

Off-lot individually-owned septic facilities. When permitted by the Health Department, components of an individually-owned wastewater treatment facility may be located on suitable soil in the open space when such land is secured by easement. Land under easement in the open space used for this purpose may be included by applicant toward meeting minimum lot size requirements of the Health Department; and the total land area of the house lot and off-lot easement must equal or exceed the minimum lot size specified by the Health Department. The easement shall be fully described on the subdivision plat, and clearly marked by iron pins or signs placed by a registered surveyor from commencement of construction until occupancy of the corresponding house.

Public maintenance of community or individually-owned off-lot wastewater facilities.

With permission of the Health Department, Planning Director, and Public Works Director, easements may be accepted for maintenance of community waste water facilities or individually owned off-lot waste water treatment facilities.

B.

Ownership of development site. The tract of land to be designed as a conservation subdivision may be held in single and separate ownership or in a multiple ownership. However when a tract is held in multiple ownership, it shall be planned as a single entity, and developed according to a single plan with common authority and common responsibility.

1.

Phased development: Unless approved under a concept/preliminary plan as outlined herein, each phase of a conservation subdivision must meet the density criteria established herein.

2.

Proof of ownership: The developer of a conservation subdivision must provide documentation of ownership of all land to be planned as a conservation subdivision prior to approval of a land disturbance permit for the development. The only lands that may be considered for development as a conservation subdivision are those lands owned by the applicant for the land disturbance permit.

C.

Site suitability. As evidenced by the existing resources or NFI survey, the conservation subdivision concept/preliminary plan, and the final plat, the tract incorporating the conservation subdivision design shall be suitable for supporting development in terms of environmental conditions, its size and its configuration.

D.

Sensitive area disturbance. The proposed design shall strictly minimize disturbance of environmentally sensitive areas, as shown on the NFI survey. Lands within the 100-year floodplain, designated as wetlands, having slopes in excess of twenty-five (25) percent, and riparian buffers adjacent to streams constitute such environmentally sensitive area, where disturbance shall be strictly minimized. Demonstration by the applicant that these features shall be protected by the proposed application shall be prerequisite to approval of the conservation subdivision concept/preliminary plan and subsequent final plat.

E.

Minor and major subdivisions number of lots. Minor subdivisions, defined in the Thomas County Development Ordinance as "a subdivision of land which results in the creation of two (2) or more lots and does not result in the creation of any public or private streets", are not eligible to be developed under the conservation regulations contained herein. Only those subdivisions, creating eight (8) or more lots are permissible to be developed as a conservation subdivision.

F.

Effect of concept/preliminary plan. The approved concept/preliminary plan shall bind all land within the plan to the requirements and conditions of the conservation subdivision regulations. Should the developer or land owner subsequently sell or otherwise transfer their interest in the property, all heirs and assigns shall be bound to the approved concept/preliminary plan, unless amended by and/or approved by the Board of Commissioners.

1.

Deed restriction required: Upon approval of the concept/preliminary plan for the entire property being developed as a conservation subdivision, the applicant shall present a covenant to be recorded with the deed for all property within the concept/preliminary plan. Such covenant shall bind all land within the concept/preliminary plan to said plan and shall not expire unless or until such plan is amended and approved by the Thomas County Board of Commissioners.

Use regulations.

Land planned as a conservation subdivision may be used for the following purposes:

A.

Single-family detached dwellings;

B.

Conservation areas as specified herein;

C.

The following nonresidential use in accordance with standards specified in this article [section]:

1.

Agricultural uses, including horticultural, wholesale nurseries, and the raising of crops, and building related to the same.

2.

Woodlots, arboreta, and other sivicultural uses.

3.

Woodland preserve, game preserve, wildlife sanctuary, or other similar conservation use.

4.

Municipal or public uses; public park or recreation area owned and operated by a public or private nonprofit agency; governmental or public utility building or use.

D.

Accessory uses shall be permitted on the same lot with and customarily incidental to any permitted use and not conducted as an independent principal use. Accessory dwelling units containing no less than four hundred (400) square feet and no more than eight hundred (800) square feet.

E.

Conditional uses—Deemed as appropriate by Thomas County Board of Commissioners.

Dimensional standards and density determination.

Density neutral. The number of lots created shall be density neutral. "Density neutral" is defined as maintaining the number of lots so as not to exceed the number that can be created with the conventional minimum area requirements of the zoning district designation of the subject property (Table 1).

CONSERVATION SUBDIVISION DENSITY AND LOT SIZE REQUIREMENTS

TABLE 1

*With central sewer and public water.

**Subject to DNR water system and onsite waste water treatment system or septic tanks in the common areas.

Minimum lot size: Clustering of home on lots that are smaller than conventional development is the key to conserving the natural features and creating open space.

Housing density determination. The maximum number of lots in a conservation subdivision shall be determined by either of the following two (2) methods, at the discretion of the applicant:

A.

Calculation method: The maximum number of lots is determined by multiplying the net tract acreage by the maximum density units/acre factor (see Table 1) specified in the underlying zoning. The net tract acreage is calculated as outlined below:

Step 1.

Calculation of the constrained lands:

Total area of land in items a.—d. below multiplied by one-half (½).

a.

Slopes over twenty-five (25) percent of at least five thousand (5,000) square feet contiguous area.

b.

The 100-year floodplain.

c.

Wetlands that meet the definition of the Army Corps of Engineers pursuant to the Clean Water Act.

d.

Area of land in stream buffers as required by federal, state or local regulations.

Total area of land in items e. and f. below:

e.

Area of land designated for construction of roads and associated ROW.

f.

Area of all impervious surfaces associated with amenities, including but not limited to parking areas, tennis courts, swimming pools, clubhouses and other constrained Lands = (total area of land in items a.—d. times one-half (½) + total area of land in items e. and f.

Step 2.

Net tract acreage. Once the area of constrained lands has been calculated, the net tract acreage is calculated by subtracting the acreage of constrained lands from the gross tract acreage of the property to be development as a conservation subdivision.

B.

Yield plan method: The maximum number of lots is based on a conventional subdivision design plan, prepared by the applicant, in which the tract of land is subdivided in a manner intended to yield the highest number of lots possible. The plan does not have to meet formal requirements for a site design plan, but the design must be capable of being constructed given site features and all local, state and federal applicable regulations. Such yield plan shall be reviewed by the appropriate County staff to verify such plan meets the minimum criteria for development as proposed.

Where the number of lots allowed under the yield plan method results in more lots than the number of lots under the calculation method, the lot size may be reduced by fifty (50) percent of the permissible lot size in Table 1 to accommodate the difference in the number of lots between the two (2) methods. Where on-site sewage management systems are to be used, the size of the lots shall be no less than that required by the Health Department.

Area and Yard Requirements; Locations and Structures.

Placement. The placement of all principal buildings shall provide for safe, quiet, and harmonious grouping as well as adequate privacy by providing adequate front, side, and rear yards.

Location. Structures shall be placed so as to fulfill the objectives of, purposes of this ordinance, and to minimize any adverse effect on the environment and to take advantage of ecological conditions.

CONSERVATION SUBDIVISION SETBACK REQUIREMENTS

TABLE 2

*With central sewer and public water.

**Subject to DNR water system and onsite waste water treatment system or septic tanks in the common areas.

Subdivision Design Standards.

A.

House lots shall not encroach upon primary conservation areas, and their layout shall respect secondary conservation areas, as described herein.

B.

All new dwellings shall meet the following building setback requirements:

1.

From all external roads right-of-way .....100 feet

2.

From all other tract boundaries .....75 feet
(40-foot buffer + 35 feet)

3.

From all cropland or pasture land .....100 feet

A.

Cropland shall be defined as; tracts of land of five (5) acres or greater, which is used for growing cultivated plants or agricultural produce, such as grain, vegetables, or fruit; or which could be fallow, if such inactivity is a part of the agricultural production process being exercised on the land and such inactivity has not existed for more than two (2) years. Such use of land must be present and active. Potential use of land as cropland does not qualify under this definition.

B.

Pasture land shall be defined as tracts of land of five (5) acres or greater, on which grass or other vegetation is grown and eaten as food, and is set aside for use by domestic grazing animals. Such use of land must be present and active. Potential use of land as pasture does not qualify under this definition.

4.

From buildings or barnyards housing livestock: Two hundred (200) feet or per Health Department requirements.

5.

From active recreation areas, such as courts or ball fields (not including playgrounds, tot lots or open multi-purpose fields): One hundred fifty (150) feet.

a.

Views of house lots from exterior road and abutting properties shall be minimized by the use of changes in topography, existing vegetation, or additional landscaping that meets landscaping requirements of the Land Use Standards Ordinance or buffer requirements of Thomas County.

b.

House lots shall generally be accessed from interior streets rather than from roads bordering the tract.

c.

At least three quarters (three-fourths (¾) or seventy-five (75) percent) of the lots should directly face, abut or be across the street from conservation land.

Green Space.

"Green space" is defined as the undeveloped land resulting from reductions in the minimum size of lots set aside as permanently protected land which may be for common use by the residents of the subdivision, or other uses as permitted in this ordinance.

Standards to determine green space.

A.

The minimum restricted green space shall comprise at least fifty (50) percent of the gross tract area.

B.

At least twenty-five (25) percent of the green space shall consist of land that is suitable for building.

C.

At least seventy-five (75) percent of the green space should be in a contiguous tract. The green space should adjoin any neighboring areas of green space, other protected areas, and nonprotected natural areas that would be candidates for inclusion as part of a future area of protected green space.

Primary conservation areas. The following lands are considered to constitute lands that serve important ecological purposes and possess beneficial environmental qualities contributing to the health of the local community. Such areas shall be identified and protected as primary conservation areas. All land identified as primary conservation areas shall be undisturbed.

1.

The 100-year floodplain.

2.

Riparian zones of at least fifty (50) feet in width on either side along all perennial and intermittent streams.

3.

Riparian zones of at least one hundred fifty (150) feet in width on either side.

4.

Slopes above twenty-five (25) percent of at least five thousand (5,000) square feet contiguous area.

5.

Wetlands that meet the definition used by state and/or federal regulations.

6.

Populations of endangered or threatened species, or habitat for such species.

Value of primary conservation areas. Primary conservation areas form the core of the green space to be protected. Because primary conservation areas are sensitive environmental areas, Thomas County prefers such areas be permanently protected through the thoughtful design and protection instruments outlined herein. The total area of land identified as primary conservation areas shall be conserved and protected to the maximum amount and extent physically possible.

Secondary conservation areas. The following are considered secondary conservation areas and should be protected to the maximum extent feasible:

1.

Important historic sites subject to approval indicating that these structures are compatible with the Thomas County Zoning Regulations.

2.

Existing healthy, native forests of at least one (1) acre contiguous area.

3.

Individual existing healthy trees greater than fourteen (14) inches caliper measured at dbh.

4.

Other significant natural features and scenic view sheds such as ridge lines, hills, tree canopies, and valleys, particularly those that can be seen from public roads.

5.

Prime agricultural lands of at least five (5) acres contiguous area.

6.

Existing trails that connect the tract to neighboring areas.

7.

Archaeological sites, cemeteries and burial grounds subject to approval indicating that these structures are compatible with the Thomas County Zoning Regulations.

8.

Buffers as outlined in Table 3 minimum exterior boundary buffer in this ordinance.

Value of secondary conservation areas. Secondary conservation areas are those areas within a property which contain other intrinsic qualities of value to the community. Also, secondary conservation areas are valued as supplemental area to the total conservation area of a conservation subdivision. To that end, Thomas County would prefer secondary conservation areas to be protected to the maximum extent possible after all identified primary conservation areas have been protected.

Conservation areas, general recommendations.

A.

Conservation areas should include the most sensitive resource areas of a property.

B.

Fragmentation of conservation land should be minimized so that resource areas are not divided into numerous small parcels located in various parts of the development.

C.

Conservation areas should be designed as a part of larger continuous and integrated green space.

D.

The conservation areas (primary and secondary) shall be directly accessible to the largest practicable number of lots within the subdivision. Nonadjoining lots shall be provided with safe, convenient access to the conservation areas.

Permitted uses of green space. Uses of green space may include the following:

1.

Conservation of natural, archeological or historical resources;

2.

Meadows, woodlands, wetlands, wildlife corridors, game preserves, or similar conservation-oriented areas;

3.

Walking or bicycle trails, provided they are constructed of permeable materials;

4.

Passive recreation areas, such as open fields;

5.

Landscaped stormwater management facilities, community wastewater disposal systems. Such facilities shall be located outside of primary conservation areas;

6.

Other conservation-oriented uses compatible with the purposes of this ordinance.

7.

Septic systems, wells, and stormwater management systems. Easements will allow designated green space to be used for community sewer system drip lines, wells, and stormwater management structures designed to promote on-site infiltration and/or treatment of runoff. Such intrusions shall not be allowed to encroach into an exterior buffer as outlined herein.

Prohibited uses of green space. Uses of green space may not include the following:

1.

Roads, parking lots and impervious surfaces, except as specifically authorized in the previous sections.

2.

Agricultural and forestry activities not conducted according to accepted best management practices.

3.

Other activities as determined by the applicant and recorded on the legal instrument providing for permanent protection.

4.

Golf courses.

Ownership, preservation, and maintenance of green space. Green space land shall be preserved and maintained solely for the purposes specified in this ordinance. The method for effectuating such preservation and maintenance may be one (1) of the following:

A.

Establishment of a mandatory homeowners' association to own and maintain the land in common for the green space purposes intended according to the following provisions:

a.

With their application for a permit to develop a conservation subdivision, developers will create and submit documentation detailing the minimum requirements and structure for the homeowners' association before the first lot is sold.

b.

The homeowners' association will maintain, pay taxes, and own the green space.

c.

Membership in the homeowners' association is mandatory for all homeowners, and dues are uniform.

d.

The homeowners' association, by law, will stipulate that a third party, such as the local government, may enforce the maintenance of the green space through legally enforceable liens.

e.

It is recommended that at least one (1) member of the homeowners' association should receive training in or be conversant in, wildlife habitat conservation, enhancement, and maintenance.

f.

Each homeowner should be given site-specific information about indigenous habitat and diversity of species.

g.

The homeowners' association shall develop a long-term conservation plan for maintenance of common areas. This plan should include examples of environmentally friendly landscaping techniques for homeowners.

B.

Dedication of legally described and platted "green space" to the Thomas County Board of Commissioners at the discretion of and approval by the Thomas County Board of Commissioners.

C.

Dedication of legally described and platted "green space" to a land trust established in compliance with the requirements of Georgia law and shall be for conservation purposes.

Legal instrument for permanent protection. The green space shall be protected in perpetuity by a binding legal instrument that is recorded with the deed. The instrument shall be one (1) of the following:

A.

A permanent conservation easement in favor of either:

1.

A land trust or similar conservation-oriented nonprofit organization with legal authority to accept such easements. The organization shall be bona fide and in perpetual existence and the conveyance instruments shall contain an appropriate provision for re-transfer in the event the organization becomes unable to carry out its functions; or

2.

A governmental entity with an interest in pursuing goals compatible with the "purposes" of this ordinance.

B.

A permanent restrictive covenant for conservation purposes in favor of a governmental entity. The covenant must include "use for the public good" language. The instrument for permanent protection:

1.

Shall be placed on the green space concurrent with the issuance of a land disturbance permit.

2.

Shall include clear restrictions on the use of the green space. These restrictions shall include all restrictions contained in this article, as well as any further restrictions the applicant chooses to place on the use of the green space.

3.

Shall contain language stating that exterior buffers, as required by this ordinance, are outside of the legally platted and deeded lots.

4.

Will be binding on all future landowners of the green space land.

5.

May be enforced by the adjoining property owners, the County, or a land trust by appropriate court action for equitable relief.

6.

Will assure appropriate maintenance by the homeowners' association or as otherwise herein provided, of green space land to the satisfaction of the County.

7.

Will provide that if maintenance, preservation, and/or use of the green space land no longer comply with the provisions of the easement, the County may take all necessary action to effect compliance and assess the costs against the owners in default.

8.

Will provide that such instrument may not be altered, modified, or amended.

C.

All legal instruments used to permanently protect conservation areas platted within the conservation subdivision shall be executed by the developer and approved by the County Attorney prior to approval of the final plat for the development. Upon approval of the final plat and the legal instruments for permanent protection of the conservation areas, the County may record said documents with the Clerk of the Court's office. All fees associated with the recordation of plats and legal instruments will be furnished by the developer of the conservation subdivision or their agent.

Procedure.

Pre-application meeting (first meeting).

A pre-application meeting is required between the applicant, the site designer and the Planning Staff where the site designer has not submitted a conservation subdivision designed under these regulations prior to the effective date. Subsequent pre-application meetings are recommended but are at the discretion of the site designer. The purpose of the pre-application meeting is to introduce the applicant to the County's zoning, subdivision regulations, and procedures; to discuss the applicant's objectives and to schedule site inspections; set up additional meetings, and plan submissions. Applicants are encouraged to present the NFI survey at this meeting.

Existing resources Natural Features Inventory (second meeting).

The purpose of this key submission is to familiarize County Staff and Officials with existing and factual reference in making a site inspection. This plan shall be provided prior to the site inspection and shall form the basis for the development design as shown on the conceptual preliminary plan. The applicant shall present the Natural Features Inventory survey, which is to ensure that the important site features have been adequately identified prior to the creation of the site design, and that the proposed green space will meet the requirements of this article.

The existing NFI survey forms shall include the following features: (The NFI short or long forms are available at the Planning Department.)

•Property boundaries.

•All streams (perennial and intermittent), rivers, lakes, wetlands and other hydrologic features.

•Topographic contours of no less than ten-foot intervals.

•All primary and secondary conservation areas labeled by type, as described in this article [section].

•Vegetation characteristics.

•Groundwater recharge areas.

•Significant wildlife habitats, if known.

•Historic, archeological and cultural features.

•General soil types.

•The planned location of protected green space.

•Existing roads and structures.

•Potential connections with existing green space and trails.

•Identification of surrounding property type/land use.

Review of existing resources. The existing resources map shall be reviewed by the Planning Director or his/her designee. If found inadequate by the reviewer, the reviewer shall state the reasons for its inadequacy, and the existing resources map shall not be accepted until adequate changes are made.

Site inspection (third meeting).

After preparing the existing resources survey or NFI, applicants may arrange for a site inspection of the property by the Planning Staff and shall distribute copies of such site analysis plan at this on-site meeting. The purpose of the site visit is to familiarize the staff with the property's existing conditions and special features, to identify potential site design issues, and to provide an informal opportunity to discuss site design concepts, including the general layout of the designated green space lands and potential locations for proposed buildings and street alignments. Comments made by the staff and consultants shall be interpreted as being only suggestive. It shall be understood by all parties that no formal recommendations can be offered, and no official decisions can be made at the site inspection.

Sketch plan submission (may be submitted at site inspection meeting).

Purpose. At the discretion of the applicant, a sketch plan may be submitted as a diagrammatic basis for informal discussion with the staff regarding the design of a proposed subdivision or land development. The purpose of a sketch plan submission is to provide a mechanism to help applicants and the staff develop a better understanding of the property and to help establish an overall design approach that respects its special or noteworthy features while providing for the density permitted under the Zoning Ordinance.

Required information. To provide a full understanding of the site's potential and to facilitate the most effective exchange with the Planning Staff, the sketch plan shall include the information listed below. Many of these items can be taken from the NFI survey and in fact the diagrammatic sketch plan may be prepared as a simple overlay sheet placed on top of a tax map or aerial map.

1.

Name and address of the legal owner, the equitable owner, and/or the applicant;

2.

Name and address of the professional engineer, surveyor, planner, architect, landscape architect, or the site designer responsible for preparing the plan;

3.

Graphic scale (not greater than one (1) inch = two hundred (200) feet, however, dimensions on plan need not be exact) and north arrow;

4.

Approximate tract boundaries, sufficient to locate the tract on a map of the community;

5.

Location map;

6.

Zoning district;

7.

Streets on and adjacent to the tract (both existing and proposed);

8.

One hundred-year floodplain limits, and approximate location of wetlands, if any;

9.

Topographic, physical and cultural features including fields, pastures, meadows, wooded areas, trees with a diameter of fourteen (14) inches or more, hedgerows and other significant vegetation, steep slopes (greater than twenty-five (25) percent), soil types, ponds, ditches, drains, dumps, storage tanks, streams within two hundred (200) feet of tract, existing right-of-way and easements, and cultural features such as all structures, foundations, walls, wells, trails, and abandoned roads;

10.

Schematic layout indicating a general concept for land conservation and development.

11.

Proposed general street and lot layout;

12.

In the case of land development plans, proposed location of buildings and major structures, parking areas and other improvements; and

13.

General description of proposed method of water supply, sewage disposal, and stormwater management.

Concept/preliminary plan (fourth meeting).

The concept/preliminary plan shall follow the process and procedure outlined in the Thomas County Subdivision Rules and Regulations for plan submittal. The plan shall be reviewed by staff at regular scheduled Technical Review Committee meetings.

Four-step subdivision design process.

All concept/preliminary plans for conservation subdivisions shall include documentation of a four step design process in determining the layout of proposed green space lands, house sites, streets and lot lines as described below.

A.

Step 1: Delineation of green space lands.

1.

The minimum percentage and acreage of required green space lands shall be calculated by the applicant and submitted as part of the sketch plan or conceptual design plan in accordance with this ordinance. Green space lands shall include all primary conservation areas and those parts of the secondary conservation areas to meet the terms of this ordinance.

2.

Proposed green space lands shall be designated using the engineer's calculations as a base map.

3.

In delineating secondary conservation areas, the applicant shall consult with the Planning Staff on the prioritization of natural and cultural resources on the tract in terms of their highest to least suitability for inclusion in the proposed green space.

4.

On the basis of those priorities and practical considerations given to the tract's configuration, its context in relation to resource areas on adjoining and neighboring properties, and the applicants subdivision objectives, secondary conservation areas shall be delineated to meet at least the minimum area percentage requirements for green space lands and in a manner clearly indicating their boundaries as well as the types of resources included within them.

B.

Step 2: Location of house sites.

Potential house sites shall be tentatively located using the proposed green space lands as a base map as well as other relevant data on the resource maps such as topography and soils. Home sites should generally be located not closer than one hundred (100) feet from primary conservation areas and fifty (50) feet from secondary conservation areas, taking into consideration the potential negative impacts of residential development on such areas as well as the potential positive benefits of such locations to provide attractive views and visual settings for residences.

C.

Step 3: Alignment of streets and trails.

Upon designating the house sites, a street plan shall be designed to provide vehicular access to each house, which complies with the standards for road design in the Thomas County Subdivision Regulations and bears a logical relationship to topographic conditions. Impacts of the street plan on proposed green space lands shall be minimized, particularly with respect to crossing environmentally sensitive areas such as wetlands and traversing steep slopes. Street connections shall generally be encouraged to minimize the number of new cul-de-sacs and to facilitate access to and from homes in different parts of the tract and adjoining parcels.

D.

Step 4: Drawing in the lot lines.

Upon completion of the preceding three (3) steps, lot lines are drawn as required to delineate the boundaries of individual residential lots. Lot lines are drawn as the last step.

E.

Additional design considerations:

1.

Additional minimum acreage requirements for green space areas consist of secondary conservation areas.

2.

Total green space area requirements are the sum of primary and secondary conservation areas.

3.

The locations and boundaries of primary conservation.

4.

The locations and boundaries of secondary conservation.

5.

Development areas constitute the remaining lands of the tract outside the designated green space areas.

Road specification.

Roads for the conservation subdivision shall follow road construction guidelines consistent with those set forth in the Thomas County Subdivision Regulations. The design of streets within the conservation subdivision, and where possible and with the approval of the County Public Works Director, should seek to:

1.

Minimize the number of cul-de-sac streets by providing more than one (1) entrance to the development and interconnect streets as much as possible.

2.

For cul-de-sac streets, minimize the amount of impervious surface by limiting the internal turning radius to thirty-five (35) feet and the width of the paved lane to twenty (20) feet. Use grass and vegetation for the inner circle of turn-a-rounds, rather than paving the entire area. Declare the HOA responsible for the maintenance of the grassy area in the neighborhood bylaws.

3.

Omit curbs wherever appropriate.

4.

As an alternative to curbs and gutters, allow runoff from roofs and pavements to pass immediately through grass swales or infiltration basins. Use plant material that will absorb rainwater and act as a natural filter for oil and pollution.

5.

Provide paths for nonvehicular traffic within the development and connecting to neighboring residential recreation areas.

Buffer requirement.

Where property to be developed as a conservation subdivision abuts property not a part of the conservation subdivision, the conservation subdivision shall have a buffer along the exterior property boundary. The buffer shall be undisturbed except as specifically allowed herein, and of sufficient volume to provide a year-round opaque screening. Where no vegetation exists within the required buffer area, or where existing semi vegetation does not provide a sufficient screen, and where planting of native vegetation will provide screening, the buffer shall be planted with such vegetation to meet the intent of this section.

A.

Mandatory stormwater structures. Where the only practical place upon the tract of land being developed as a conservation subdivision to locate a stormwater facility serving to contain and control the stormwater generated from the conservation subdivision is within the required buffer. The County Public Works Director may permit such a structure to be built within the required buffer. The area devoted to the installation of the stormwater structure may not be used to satisfy the green space requirement for the development.

Where stormwater structures are allowed within the buffer, the developer shall plant sufficient vegetative material to effectively screen the location of such structure and obscure such structure from view.

B.

Trails. Where trails are planned to be provided, such trails may be constructed within the buffer area. The path through the buffer area containing such trail may be no wider than eight (8) feet. All clearing associated with the construction of such path shall be contained within the eight (8) feet. If such trails are planned as a part of the development, the trails must be located within the first twenty-five (25) percent of the buffer furthest from the exterior boundary line for the subdivision but in no event shall be within thirty (30) feet of said exterior boundary line.

Size of buffer. The size of the exterior buffer is determined by the size of the lot proposed adjacent to the exterior boundary for the conservation subdivision. (See Table 3, Minimum Exterior Boundary Buffer.)

Buffer counts toward green space requirement. The area of land designated to the exterior boundary buffer may be used to satisfy the minimum required green space for the development. The buffer area shall not be included as a part of any platted residential lot within the subdivision. This buffer shall be considered a secondary conservation area unless a feature of the buffer qualifies as primary conservation area as defined herein. Such buffer shall be designated as part of the green space for the subdivision and be permanently protected in accordance with the requirements contained herein.

MINIMUM EXTERIOR BOUNDARY BUFFER

TABLE 3

Planned Unit Development (PUD)

A.

Purpose.

The intent and purpose of the planned unit development (PUD) is to encourage creative and imaginative design for the development of residential and nonresidential areas that include compatible residential, commercial, office and related public facilities and provides a higher level of urban amenities. A PUD may be approved according to a site plan that ensures the more efficient use of land conservation of natural environment and efficient streets and utilities.

This district is to be utilized as a floating zone which shall mean that areas will not be pre-designated as planned unit development districts, but rather each such designation shall result from a specific and separate application for amendment. Planned unit development districts are separate zoning districts and shall follow the same amendment procedure as other zoning districts. The development standards and land uses, if approved, shall become the standards for the property related to the zoning regulations. For purposes of zoning compliance, a PUD district property shall be treated as one (1) lot or parcel.

B.

Objectives:

The planned unit development district must provide the following, as appropriate:

(1)

Mixture of uses: Accommodate a mixture of land uses which are compatible both internally and externally on the parcel.

(2)

Ensure the conservation of natural resources, geological, and topographical features with emphasis upon:

(a)

Conservation of existing surface and sub-surface water resources.

(b)

Prevention of soil erosion on the property.

(c)

Preserve large trees and natural vegetated areas.

(d)

Efficient land use in design of streets and utilities within the PUD district and adequate utilities including public water, public sanitary sewer systems and stormwater facilities.

(e)

Developing open space for recreation or wildlife.

(3)

A preliminary development plan to convey the overall concept and to guide and coordinate any phased development and a final development plan which meets all of the pre-approved regulations.

(4)

The PUD developments may be located only within the suburban residential boundaries and have access to minor arterial or minor collector roads or streets.

C.

Type of planned unit development and permitted uses:

The following types of planned unit developments are authorized by these regulations:

(1)

a.

Residential uses only (single-family except manufactured homes).

b.

Residential with other uses (mixed).

Other uses: Public buildings, including churches and other places of worship, and recreation facilities for use of the residents of the PUD [and also their guests]. The restrictions as to the use of these facilities shall be set forth in covenants for the residential district.

The following minimum requirements shall be required:

Adequate public water and public sewer service or facilities shall be required for all development in a PUD.

Minimum land area for development is fifteen (15) acres.

Residential: (Sixty-five (65) percent).

Open space: (Fifteen (15) percent).

Recreation, civic or public buildings: (Twenty (20) percent).

The following uses may be permitted within a PUD district if in conformance with specific and precise preliminary and final development plans or phases as set forth in this ordinance:

1.

Residential uses: Residences may be a variety of housing types and ownership types as follows: single-family detached, attached single-family, duplex (two-family), multifamily, townhouse, patio homes, zero (0) lot line design homes, condominiums, and apartments. The density for multifamily or apartment shall not exceed eleven (11) units per acre.

2.

Community center, meeting facilities, indoor or outdoor recreation facilities and spaces are permitted when limited to use by the residents of the PUD through recorded covenants and restrictions.

3.

Commercial and office uses:

Office uses shall include those permitted in the commercial limited districts. Office development shall be designed with respect to intensity, location and use so as to primarily serve the residents of the PUD. All business or office uses shall be landscaped and buffered from residential uses. Office uses would be considered an office park development in the PUD.

Commercial uses shall include those uses allowed in "planned shopping centers" and "planned service centers". Such uses shall be designed with respect to their nature, development intensity and location so as to primarily serve the residents of the PUD.

Commercial development shall be landscaped and meet buffer requirements in a manner to screen the commercial development from residential development in the PUD. All interior streets or roads in this district shall be curb and gutter.

The development design for streets and roads shall not route through residential areas within or adjacent to the PUD parcel.

4.

Public uses.

Other uses such as public buildings, civic use, churches and recreation facilities are permitted.

These developments shall be centrally located within the PUD to ensure adequate areas by residents and users.

Pedestrian and bicycle paths shall be provided to connect civic and public uses to residential areas.

Adequate public water and public sewer service or facilities shall be required for all development in a PUD.

The minimum acreage for a mixed PUD of residential, commercial/office uses (office park) or planned shopping center shall be twenty-five (25) acres.

Provisions for the permanent ownership, operation and maintenance of common space shall be provided by covenant, deed restriction easement or ownership by and for the benefit of a property owners' association, land trust or other legal authority.

D.

Site plan requirements:

(1)

Pre-application meeting: Refer to page 86 [of this ordinance] (procedural and regulatory provisions [subsection F. of this section]).

(2)

The PUD district shall require a site plan to accompany the application for the rezoning. (The submittal and content requirements for the site plan are found in the Thomas County Subdivision Rules and Regulations under planned unit development (PUD).

(3)

Upon successful approval of the rezoning to the PUD district, the site plan design shall be binding on all future development and use in the development.

E.

Additional standards applying to planned unit development. The following dimensional requirements and density for lots in a planned unit development are as follows:

(1)

Minimum lot width at building setback line.

a.

Sixty (60) feet for detached single-family.

b.

Twenty-four (24) feet for attached fee simple townhouse and condominium lots.

c.

One hundred twenty (120) feet for multifamily and office/civic lots.

d.

One hundred twenty (120) feet for "commercial center" lots.

(2)

Minimum front yard depth from right-of-way of streets.

a.

Thirty-five (35) feet for single-family.

b.

Fifty (50) feet plus five (5) feet for each story, multifamily, townhouse, or condominiums.

c.

Fifty (50) feet for office/civic structures.

d.

Forty (40) feet for commercial center structures.

e.

Fifty (50) feet for buildings with a mixture of residential, office and commercial on the same street right-of-way.

(3)

Minimum side yards:

All side yard distances are subject to review and approval by the Planning Director and Technical Review Committee. Requirements relating to minimum side yard, buffers, screening, building heights, building types, and lot design are criteria that will accomplish the objectives and standards for a planned unit development.

The following minimum side yard setback is required and is subject to approval:

a.

Single-family detached has a side yard setback of ten (10) feet.

b.

Multifamily—Townhouses, condominiums, and apartment buildings must be spaced a minimum of twenty (20) feet apart and fifty (50) feet from a single-family unit. The stated distance from the single-family lot shall be based on the requirement of fifty (50) feet of horizontal spacing for each ten (10) feet of height of the multifamily building.

c.

Office/public/civic structures must have a horizontal distance of seventy-five (75) feet for each twelve (12) feet in height from each property with a residential structure or may be reduced by Thomas County Board of Commissioners in conceptual design plan. The use must be compatible with residential development.

d.

Commercial buildings/shopping centers must have a horizontal distance of one hundred (100) feet unless adjacent to office/public/civic uses. The reduction to seventy-five (75) feet in width is allowed with a twenty (20) foot screened landscaped buffer, if adjacent.

(4)

Minimum rear yards:

Rear yard dimensions shall be determined in the same manner as specified in side yard dimension except as follows:

a.

Single-family or two-family residential buildings shall require a rear yard of thirty (30) feet.

b.

Multifamily—Townhouses, condominiums and apartment buildings shall have a rear yard of thirty (30) feet.

(5)

Building heights:

Maximum building height allowed shall be fifty (50) feet or three (3) stories.

(6)

a.

Density considered for residential units.

All development plans must show proposed lot size and density per acre.

No more than four (4) continuous dwelling units shall be built in a row having the same building line. In a complex housing more than four units, the required minimum offset in the building line shall be three (3) feet.

b.

Density considered for a commercial district, office/retail/public/civic districts:

The density or percentages relating to the planned shopping centers, office/professional business or service centers will be determined by the total PUD plan. This will require a precise development plan for buffers, street, screening, open space, parking lots, and proposed business building types before determining area requirements or density.

(7)

Traffic access requirements:

a.

Access must comply with Thomas County and State D.O.T. traffic access requirements. Internal roadways to residential areas may be private but constructed to Thomas County standards for a County road or street acceptance for County ownership. All new streets shall be designed with curb and gutter.

Street types and design standards are found in the Thomas County Subdivision Rules and Regulations.

b.

Off-street parking facilities shall be grouped in bays, either adjacent to streets or in the adjacent interior of blocks or in the rear of residential units. No off-street parking shall be more than (100) feet from a door of the unit it serves. All parking facilities shall be paved. (Refer to off-street parking requirements in the Thomas County Land Use Ordinance.)

(8)

Buffers and setbacks:

The intent of buffers is to provide a year-round visual screen such as evergreen trees and shrubs between all adjacent uses in a PUD.

All buffers, screening, and setbacks shall be required by this ordinance. Any application for a design plan approval submitted to the Planning Director shall include a tree survey and landscape plan, with buffers, and prepared by a landscape architect.

No trees, land forms, clumps of native shrubs shall be disturbed except necessary to construct any buildings or for other improvements.

(9)

Open space.

Twenty (20) percent—Residential and mixed use of commercial buildings or office/public

Fifteen (15) percent—Residential only

The common open space shall be situated such that it will best serve residents and be totally intergrated within the various uses or district in the PUD.

a.

A minimum of twenty (20) percent of the land in a PUD shall be reserved for open space, parks, and other recreation or other public use areas.

b.

Water bodies or land located within the 100-year floodplain may be used to partially fulfill open space requirements. Not more than thirty (30) percent of the land reserved for open space may be in water bodies or floodplain.

c.

Parking areas, road rights-of-way, buffers, spacing between district uses may not be included in determining open space.

d.

Any and all open space lands in the residential areas shall be held in common ownership by the dwelling unit owners or homeowners' association. Dedication of land to Thomas County may be considered for future public use.

(10)

Availability of public services:

PUD developments shall be located with respect to major or minor arterial streets and highways to provide direct access to these districts without creating undue traffic burdens along streets or roads in residential neighborhoods outside such districts.

(11)

Utilities and public facilities.

a.

A PUD district shall be reasonably located in relation to public/private sanitary sewers, public/private water line systems, storm drainage basins and other utility systems.

b.

The location of the PUD may be approved if the developer will: Provide private utility facilities, or services approved by the Board of Commissioners and private agencies which normally provide utilities, facilities, or services and assurance the operation and maintenance permanently or until equivalent public utilities are available.

c.

All community facilities, private or franchise, water and sewer systems must be acceptable by the Thomas County Board of Commissioners.

(Refer to the Thomas County Subdivision Regulations for complete Ordinance and regulation provisions).

(F)

Procedural and regulatory provisions.

(1)

General: To develop a PUD within the County, the property must be rezoned to a PUD designation. Rezoning shall be subject to approval of the preliminary development plan by the County Commission. No building permits shall be issued until the final development plan for the particular development phase has been approved by the County Commission and fully recorded.

(2)

Unified ownership: An application for approval of a PUD may be filed by any person having an interest in the property to be included in the PUD. The PUD application shall be filed with written consent from all of the recorded owner(s) of the property included in the development and with written consent from all holder(s) of an equitable interest in such property. Such consent shall contain a statement that the applicant is authorized to represent the owner(s) in pursuit of a PUD application and that such owner(s) shall agree to be bound by the decision of the County Commission in the event such application is approved. All of the land in a PUD shall be owned by an individual, by a corporation, or by a single legal entity before approval of the final development plan. The owner shall be required to provide evidence of full ownership interest in the land, by legal title or the execution of a binding sales agreement before final approval of the final development plan. Individual properties may be sold after approval of the final development plan subject to private deed covenants that assure the continuance of the PUD as originally approved and developed.

(3)

Pre-application meeting in the technical review meeting: Before submitting the preliminary development plan application for approval as a PUD, the developer shall meet with the Planning Director, Health Department Official, Public Works Director and any other such personnel as may be deemed necessary to determine the feasibility and suitability of the application. This step is required so that the developer may obtain information and guidance from County officials before entering into any binding commitments or incurring substantial expenses of the site and plan preparation.

(4)

A completed natural features inventory assessment of the property must be prepared.

(5)

Preliminary development plan application: A rezoning application with the preliminary development plan, shall be submitted to the Planning Director. The Planning Director and appropriate staff shall review the application to determine its conformity with the comprehensive plan, and other County policies, and the requirements of this article [section]. The preliminary development plan application shall include, but is not limited to, the following:

a.

A written report explaining the type, nature, intent and characteristics of the proposed development.

b.

Area location or orientation map of the property.

c.

Proposed name or title of project and name of the engineer, architect, or developer.

d.

Scale of one (1) inch = two hundred (200) feet or larger, acreage in total tract, north arrow, and date.

e.

Existing topography in ten-foot contour intervals or less. Contours may be interpolated from U.S.G.S. quadrangle maps.

f.

Existing wooded areas, streams, lakes, 100-year floodplain, and any other physical conditions affecting the site.

g.

Existing historical assets located on the property.

h.

Proposed street and lot layout.

i.

Proposed buffers, and natural features such as surface drainage and open water.

j.

Delineation of proposed uses, including open space, and net acreage in each.

k.

Proposed density calculations, in units per acre, for residential uses.

l.

General location, square footage and height of proposed nonresidential buildings.

m.

Delineation of specific areas designated for phased development and proposed dates for beginning and completing construction of each development phase or stage.

n.

Proposed amenities, such as parks and recreational facilities.

o.

General statement indicating source of potable water and wastewater disposal method.

p.

Legal description of the parcel(s)—Full metes and bounds description rather than plat reference.

(6)

Reserved.

(7)

Preliminary development plan—Board of Commissioners: Upon receiving the preliminary development plan and application, the Board of Commissioners shall hold a public hearing. The Board of Commissioners may table an application for up to forty-five (45) days from the date of the first County Commission hearing on the application. The Board of Commissioners shall approve, subject to conditions, or disapprove the preliminary development plan application. In approving the preliminary development plan application, the Board of Commissioners and the developer shall agree upon a completion date for the construction of each phase. Approval of the preliminary development plan application indicates approval of the PUD zoning, subject to the acceptance of the final development plan. The decision of the Board of Commissioners shall take into consideration the review criteria established in Number 8.

(8)

Preliminary development plan—Review criteria: The County Commission shall consider, but not be limited to, those items listed in Standards of Review Section 4.230 of this ordinance and the following criteria when reviewing the preliminary development plan for a PUD:

a.

Degree of consistency of the proposed PUD with the surrounding area in terms of character and density.

b.

Provision for and adequacy of future public education and recreation facilities, public safety, transportation, water supply, sewage disposal, surface drainage, flood control and soil conservation.

c.

The nature, intent and compatibility of common open space, including the proposed method for the maintenance and conservation of open space.

d.

The feasibility and compatibility of the specified stages contained in the preliminary development plan to exist as an independent development.

e.

The benefits inherent in a PUD classification to the general public that justify the requested departure from standard land use requirements.

f.

The conformity and compatibility of the proposed PUD with the comprehensive plan.

(9)

Final development plan procedure approval: Each separate phase of development shall be in accordance with the approved preliminary development plan and shall require a review process by the Planning Director and appropriate County Staff. Two (2) copies of the final development plan shall be submitted to the Planning Director. The Planning Director shall have thirty (30) days to determine if the final development plan is in accordance with the approved preliminary development plan and all other ordinance requirements. The final development plat/plan shall include the following:

a.

Area location or orientation map of the property.

b.

Proposed name or title of project, phase number, name and certification of the engineer, architect, or surveyor.

c.

Scale of one (1) inch = one hundred (100) feet or larger, acreage in total tract, north arrow, and date.

d.

Existing topography by a registered surveyor along with the surveyor's name, registration number, seal and date. Required contour interval shall be determined by ground slope:

Flat (zero (0)—two (2) percent grade) = one (1) foot rolling (two (2)—eight (8) percent grade) = two (2) feet steep (>8 percent grade) = five (5) feet

e.

Name of all jurisdictions in which the development is located and all political boundaries which cross or form any property boundary line of the development phase.

f.

Sufficient data to readily determine and reproduce accurately on the ground the location, bearing, and length of every road and alley line, lot line, easement, boundary line, and building line whether curved or straight. This shall include the radius, point of tangency, and other data for curved property lines and curved roads, to an appropriate accuracy and in conformance with good surveying practice.

g.

Names of owner of record of all adjoining land and all property boundaries, water courses, roads, easements, utilities and other such improvements, which cross or form any boundary line of the development phase.

h.

Roads and alleys including their right-of-way width and name.

i.

Lot lines, minimum building setback lines, and lot and block numbers.

j.

All dimensions shall be to the nearest one-tenth ( 1/10 ) of a foot and all angles shall be to the nearest minute.

k.

Location, dimension and purpose (e.g., water, gas, cable) of all easements.

l.

Location of all buffers.

m.

Number to identify each lot or site.

n.

Show all watercourses, wetlands and expected limits of the 100-year floodplain.

o.

Proposed topography including finish floor elevations and location of all retention and detention basins for stormwater control.

p.

Location of existing adjoining property lines.

q.

Area in each subdivided tract in square feet.

r.

Final engineering drawings of all roads, water, sanitary sewer and storm drainage systems.

s.

Density calculations, in units per acre, for residential uses.

t.

Location, square footage and height of proposed non-residential buildings.

u.

Space for signed certification shall be provided for approval or acceptance by all of the following:

i.

Planning Director;

ii.

Health Department Director;

iii.

Public Works Director; and

iv.

County Commission Chairman.

(10)

Required legal documents (where applicable):

a.

Deed restrictions proposed by the developer to preserve the character of common open space and landscape design.

b.

Proposed bylaws of the property owner's association or nonprofit corporation.

c.

A title insurance policy, acceptable to the County, stating the status of the title of the site encompassed by the final development plan and all liens, encumbrances and defects, if any.

d.

A bill of sale conveying to the property owner's association, nonprofit corporation, or to Thomas County or some other authority all water and sewer lines, mains, lift stations and any other improvements. Acceptance by the County is entirely based on the discretion of the Board of Commissioners.

e.

Paid tax receipts from the proper taxing authority, indicating that current taxes on the proposed site have been paid in full.

f.

Disapproval of final development plan: In the event that the final development plan is deemed in accordance with the preliminary development plan but is not approved due to omissions of required items or Ordinance violations, the Planning Director shall submit a written rep-ort to the developer itemizing such deficiencies. A set of revised plans may be submitted to the Planning Director at any time to re-start the thirty (30) day review process as described in the previous section.

(11)

(a)

Modifications to the approved preliminary development plan: Modifications to the approved preliminary development plan concerning any of the following shall not be allowed unless a PUD zoning status approving such conditions is obtained or by filing a revised preliminary development plan with the Thomas County Board of Commissioners for re-consideration of changes.

i.

An increase in residential density.

ii.

An increase in the number of building stories or floor area.

iii.

A decrease in the amount, location, or type of open space.

iv.

A major change in the location of roads or traffic routes.

(b)

Variances—The Thomas County Board of Commissioners have the authority to grant variances from the requirements of these articles in cases where strict application would result in unnecessary hardship.

(12)

Bonding: Prior to beginning construction of each development phase of the PUD the County Commission shall require the developer to post a performance bond or letter of credit, both in form an amount acceptable to the County, guaranteeing that all public improvements and common open area will be constructed according to the approved final development plan. The performance bond shall have a minimum face value equal to the cost of constructing the required improvements. The letter of credit shall have a minimum value type equal to the cost for constructing the required improvements plus fifty (50) percent.

(13)

Vested right of the developer: Upon issuance of a PUD zoning designation to a district, any subsequent zoning amendments shall not apply provided the PUD designation has not expired as set forth by the standards in this article [section].

(14)

Expiration of PUD approval: A PUD district shall be subject to review and rezoning based on changed conditions or a revised comprehensive plan in the event:

( Ord. of 5-24-22 )

The Official Land Use Standards Maps and the Comprehensive Plan's Future Development Map described in this section is filed in the Office of the Planning Director and is hereby designated, described, established, and incorporated as a part of this ordinance, and is as much a part of this ordinance as if the information contained therein were set out in full in this ordinance.

(1)

Each amendment to the Official Land Use Standards Atlas shall be in accordance with the provisions of Section 4.200.

(2)

The original and a copy of the Official Land Use Standards Atlas shall be filed with the Office of the Planning Director, one (1) of which shall be retained as the original record and shall not be changed in any manner, and the second of which shall be maintained up-to-date by posting thereon all changes and subsequent amendments.

In the event that any uncertainty exists with respect to the intended boundaries of the various Land Use Standards Districts as shown on the Official Land Use Standards Atlas, the Board of Commissioners shall make the interpretation using the following rules:

(1)

The land use standards district boundaries are the center lines of the streets, alleys, waterways, and rights-of-way, unless otherwise indicated. Wherever designation of a boundary line on the zoning atlas coincides with the location of a street, alley, waterway, or right-of-way, it shall be construed to be the boundary of such district.

(2)

Where the land use standards district boundaries do not coincide with the location of streets, alleys, waterways, and rights-of-way, but do coincide with lot lines, such lines shall be construed to be the boundary of such district.

(3)

Where the land use standards district boundaries do not coincide with the location of streets, alleys, waterways, and rights-of-way or lot lines, the land use standards district boundary shall be determined by the use of the scale shown on the Land Use Standards Atlas.

(4)

Land use standards district boundaries indicated as approximately following County boundaries shall be construed as following those boundaries.