For the purpose of this Ordinance, Walton County is divided into districts as follows:

A

Agricultural — Tracts of land greater than two (2) acres primarily intended for general farming or commercial farming and related agricultural purposes, including soil crops, livestock, fish, fowl, commercial timber and similar uses.

A1

Rural Estate — Primarily a combination of agricultural uses and larger acreage, sparse residential uses. This district is distinguished by a minimum lot area of two (2) acres.

A2

Rural Estate — Primarily a combination of agricultural uses and larger acreage, sparse residential uses. This district is distinguished by a minimum lot size of one and one-half (1½) acres.

R1

Single-Family Residential — Low to high density residential development.

R2

Two-Family Residential — Primarily medium density residential development of single- or two-family dwellings.

R3

Multi-Family Residential — High density residential development of multi-family (including two-family) dwellings.

MH

Effective 12-3-2002: The MH Manufactured Home District zoning district designation was rescinded. All properties located in this Land Development District shall comply with the requirements of the A2 Rural Estate District.

MHP

Manufactured Home Park — Existing manufactured home developments.

O-I

Office-Institutional — Primarily professional, administrative or similar offices located near population centers and existing community facilities.

B1

Neighborhood Business — Primarily light retail or service businesses designed for the benefit of small residential areas. (With no outside storage.)

B2

Highway Business — Light to medium commercial uses which are primarily designed to serve the automotive traveling public. (Outside storage by conditional use approval only.)

B3

General Business — Primarily heavy commercial and light industrial uses generally located near population centers which may generate increased traffic and congestion. (Outside storage is allowed within a screened, fenced-in area.)

I1

Effective 12-3-2002: The I1 Industrial zoning district designation was rescinded. All properties located in this Land Development District shall comply with the requirements of the M1 Light Industrial District.

TC

Town Center District — Provides for a mixture of commercial, residential, office and recreational uses within a clearly defined area with a network of connected streets with sidewalks and landscaping.

MUBP

Mixed Use Business Park District — Large tracts of land suitable for the planned development of a mixed-use business park that allows light manufacturing, research, development, professional offices and related commercial uses.

SSBP

Stanton Springs Business Park District — Large tracts of land suitable for the planned development of a mixed-use business park that provides new jobs and increases the tax base that are a part of a large-scale development of one thousand (1,000) acres or more located in at least two (2) contiguous counties.

M1

Light Industrial — Primarily wholesale warehousing and light manufacturing and trade shops located near population centers.

M2

Heavy Industrial — Heavy manufacturing, processing and similar uses which may generate increased noise, congestion, etc.

2400

Residential Overlay District — An overlay district available in the A1, A2 and R1 districts for larger house residential subdivisions.

OSC

Open Space Conservation Overlay District — A district available for tracts of land within the A1, A2 or R1 zoning districts to encourage the conservation of natural resources and open space.

GS

Greenspace Subdivision Overlay District — An overlay district available in the A1, A2 and R1 Districts to encourage provision of permanent open space for the preservation of natural resources, protection of the quality of the environment and the enjoyment of the citizens of Walton County as a part of developing high-quality planned residential communities.

RND

Residential Neighborhood Development Overlay District — An overlay district available in the R1 Districts which provides for a mixture of predominately residential with accessory commercial uses with a network of connected streets, sidewalks and landscaping.

FP

Flood Plain Overlay District — Areas subject to and necessary for floodwaters produced by the 100-year storm event, and for the retention of open land uses.

WP-1

Big Haynes Watershed Protection Overlay District and Alcovy River Protection Overlay District — A district to protect the Big Haynes Creek and Alcovy River watershed area from the possible adverse effects of residential and non-residential development.

WP-2

Cornish Creek, Beaverdam Creek and Hard Labor Creek Watershed Protection Overlay District — A district to protect the Cornish Creek, Beaverdam Creek and Hard Labor Creek watershed areas from the possible adverse effects of residential and non-residential development.

Crossroads Corridor Overlay District — An overlay district intended to encourage higher intensity pedestrian-friendly development nodes at major intersections along certain highway corridors that serve as prominent gateways into Walton County.

Parkway Corridor Overlay District — An overlay district intended to manage the development and appearance along major highway corridors that serve as prominent gateways into Walton County.

Residential Corridor Overlay District — An overlay district intended to protect the livability or residential corridors along two-lane arterials by preserving their residential character and avoiding the emergence or expansion of commercial strips.

(5-2-2006)

A.

Purpose and Intent

The (A) Agricultural District is composed of areas presently having a rural character and devoted primarily to farm operations within Walton County, including the raising of soil crops, livestock, fish, fowl, and commercial timber. Such areas are outlined in the Walton County Comprehensive Land Use Plan. Intensive development of land is unlikely to occur in the near future and is discouraged in these areas. For this reason, only minimum restrictions are imposed upon agricultural uses within this district.

B.

Principal Uses and Structures

Principal uses and structures shall be allowed in accordance with Article 5, Part 5-1 of this Ordinance.

C.

Accessory Uses and Structures

Accessory uses and structures shall be permitted in the (A) Agricultural District in accordance with Article 5, Part 5-2 of this Ordinance.

D.

Conditional Uses

Conditional uses shall be permitted in the (A) Agricultural District in accordance with Article 5, Part 5-1 of this Ordinance. Conditional uses shall be subject to the additional use standards established in Article 6 of this Ordinance.

E.

Property Development Standards

1.

Minimum Lot Area: The minimum lot area shall be two (2) acres.

2.

Minimum Lot Width at Building Line: The minimum lot width at the building line shall be three hundred (300) feet.

3.

Minimum Yard Requirements:

a.

Front: Fifty (50) feet

b.

Side: Twenty (20) feet

c.

Rear: Forty (40) feet

4.

Minimum House Size: The minimum floor area of the primary dwelling s shall be one thousand four hundred (1,400) square feet.

5.

Maximum Height: The maximum height of buildings shall be thirty-five (35) feet.

6.

Maximum Impervious Surface Coverage: The maximum impervious surface shall be fifteen percent (15%) of the lot.

7.

Specific Regulations for Residential Units: Units shall have the following additional requirements:

a.

A minimum width in excess of twenty-four (24) feet.

b.

A minimum roof pitch of 5:12, which means having a pitch equal to at least five (5 inches of vertical height for every twelve (12) inches of horizontal run. Any dwelling unit for which a building permit was obtained prior to the adoption of this Ordinance may be extended, enlarged or repaired as otherwise provided by this Ordinance with the same roof pitch as that allowed by the previous building permit.

c.

All roof surfaces exposed to view shall be covered with asphalt or fiberglass shingles, wood shakes or shingles, standing seam (non-corrugated tin or steel), clay tiles, slate, or similar materials approved by the Director.

d.

Exterior materials shall consist of wood, brick, stone or other masonry type product, fiber cement siding and other similar material is permitted. Vinyl and aluminum siding is prohibited.

e.

All primary roof overhang for exterior walls shall be no less than twelve (12) inches for brick sided and twelve (12) inches shall apply to gable ends as well as exterior walls supporting rafters.

f.

All primary front entrances shall be scaled to the relative proportions of the building design, adjoining streetscape, and maintain the overall architectural style of the residence. All primary front and rear entrances shall be recessed a minimum of five (5) feet, and shall be covered by a roof extension, trellis extension, or shed roof extension no less than six (6) feet by six (6) feet in dimension. (This shall not apply to covered front porches.)

g.

All exterior wall sections wider than twenty-five (25) feet shall include an interruption in the plane of the façade by recess, protrusion, or fenestration, (garage side of house is excluded).

h.

No exposed unpainted wood is allowed on the front façade of any dwelling except porch flooring boards.

i.

The dwelling shall be placed on a permanent foundation, either slab or pier, which meets the requirements of the IRC Building Code.

j.

Utility meters shall be mounted to the structure rather than on a utility pole, and all axles, tongues, and transporting and towing apparatus of manufactured homes shall be removed before occupancy.

k.

All residential structures shall have a minimum six-foot by eight-foot front porch, patio or deck and a minimum six-foot by eight-foot rear porch. The structure shall include steps, which lead to ground level, and both landing, and steps shall meet the requirements of the IRC Building Code.

l.

A manufactured home shall be installed in accordance with the above regulations and Rules and Regulations of the Office of Commissioner of Insurance Safety Fire Division Chapter [120-3-7] Rules and Regulations for Manufactured Homes and the rules promulgated thereunder.

m.

The dwelling shall include an attached or detached, enclosed two-car garage having a minimum 5:12 roof pitch.

n.

Driveways not located in a platted subdivision shall be paved within the right-of-way in accordance with the Standard Design and Construction Details.

o.

Every single family dwelling lot within a platted residential subdivision shall plant and/or maintain two (2) two-inch caliper trees.

p.

All lot grading for residential dwellings shall not exceed 3:1 slope. Exceptions to this requirement shall be at the discretion of the Development Director on a case-by-case basis.

8.

In all platted subdivisions, the front yards shall be sodded and driveways shall be paved. (Excluded are lots within a private drive subdivision.) In situations where there is an established stand of perennial grass with at least eighty percent (80%) coverage, sod may be waived on a case-by-case basis.

9.

Street Trees shall be prohibited within any rights-of-way to be dedicated to Walton County.

(7-6-2021)

A.

Purpose and Intent

The A1 Rural Estate District is intended to preserve the rural character of the area. This area is characterized by large acreage tracts devoted to agricultural uses and sparsely populated residential areas. For this reason this district may also serve as a buffer zone between the major agricultural uses and intensive land development districts.

B.

Principal Uses and Structures

Principal uses and structures shall be allowed in the A1 Rural Estate Districts in accordance with Article 5, Part 5-1 of this Ordinance.

C.

Accessory Uses and Structures

Accessory uses and structures shall be permitted in the (A1) Rural Estate Districts in accordance with Article 5, Part 5-2 of this Ordinance.

D.

Conditional Uses

Conditional uses shall be permitted in the A1 Rural Estate Districts in accordance with Article 5, Part 5-1 of this Ordinance. Conditional uses shall be subject to the additional use standards established in Article 6 of this Ordinance

E.

Property Development Standards

1.

Minimum Lot Area:

a.

The minimum lot area shall be two (2) acres.

b.

The minimum lot area for lots served by public or community water and public sewer shall be one (1) acre.

2.

Minimum Lot Width at Building Line: The minimum lot width at the building line shall be one hundred fifty (150) feet with public water; two hundred (200) feet with well and one hundred (100) feet with public/community water and public sewer.

3.

Minimum Yard Requirements:

a.

Front: Fifty (50) feet.

b.

Side: Fifteen (15) feet.

c.

Rear: Forty (40) feet.

4.

Minimum House Size: The minimum floor area of the primary dwelling shall be one thousand four hundred (1,400) square feet.

a.

Minimum floor area of the primary dwelling in a platted A1 Subdivision with curb and gutter shall be one thousand eight hundred (1,800) [square feet] for one-story and two thousand (2,000) [square feet] for two-story.

5.

Maximum Height: The maximum height of buildings shall be thirty-five (35) feet.

6.

Maximum Impervious Surface Coverage: The maximum impervious surface shall be fifteen percent (15%) of the lot.

7.

Specific Regulations for Residential Units: Units shall have the following additional requirements:

a.

A minimum width in excess of twenty-four (24) feet.

b.

A minimum roof pitch of 5:12, which means having a pitch equal to at least five (5) inches of vertical height for every twelve (12) inches of horizontal run. Any dwelling unit for which a building permit was obtained prior to the adoption of this Ordinance may be extended, enlarged or repaired as otherwise provided by this Ordinance with the same roof pitch as that allowed by the previous building permit.

c.

All roof surfaces exposed to view shall be covered with asphalt or fiberglass shingles, wood shakes or shingles, standing seam (non-corrugated tin or steel), clay tiles, slate, or similar materials approved by the Director.

d.

Exterior materials shall consist of wood, brick, stone or other masonry type product, fiber cement siding and other similar material is permitted. Vinyl and aluminum siding is prohibited.

e.

All primary roof overhang for exterior walls shall be no less than twelve (12) inches for brick sided and twelve (12) inches shall apply to gable ends as well as exterior walls supporting rafters.

f.

All primary front entrances shall be scaled to the relative proportions of the building design, adjoining streetscape, and maintain the overall architectural style of the residence. All primary front and rear entrances shall be recessed a minimum of five (5) feet, and shall be covered by a roof extension, trellis extension, or shed roof extension no less than six (6) feet by six (6) feet in dimension. (This shall not apply to covered front porches.)

g.

All exterior wall sections wider than twenty-five (25) feet shall include an interruption in the plane of the façade by recess, protrusion, or fenestration, (garage side of house is excluded).

h.

No exposed unpainted wood is allowed on the front façade of any dwelling except porch flooring boards.

i.

The dwelling shall be placed on a permanent foundation, either slab or pier, which meets the requirements of the IRC Building Code.

j.

Utility meters shall be mounted to the structure rather than on a utility pole, and all axles, tongues, and transporting and towing apparatus of manufactured homes shall be removed before occupancy.

k.

All residential structures shall have a minimum six-foot by eight-foot front porch, patio or deck and a minimum six-foot by eight-foot rear porch. The structure shall include steps, which lead to ground level, and both landing, and steps shall meet the requirements of the IRC Building Code.

l.

A manufactured home shall be installed in accordance with the above regulations and Rules and Regulations of the Office of Commissioner of Insurance Safety Fire Division Chapter [120-3-7] Rules and Regulations for Manufactured Homes and the rules promulgated thereunder.

m.

The dwelling shall include an attached or detached, enclosed two-car garage having a minimum 5:12 roof pitch.

n.

Driveways not located in a platted subdivision shall be paved within the right-of-way in accordance with the Standard Design and Construction Details.

o.

Every single family dwelling lot within a platted residential subdivision shall plant and/or maintain two (2) two-inch caliper trees.

p.

All lot grading for residential dwellings shall not exceed 3:1 slope. Exceptions to this requirement shall be at the discretion of the Development Director on a case-by-case basis.

8.

In all platted subdivisions, the front yards shall be sodded and driveways shall be paved. (Excluded are lots within a private drive subdivision.) In situations where there is an established stand of perennial grass with at least eighty percent (80%) coverage, sod may be waived on a case-by-case basis.

9.

Street Trees shall be prohibited within any rights-of-way to be dedicated to Walton County.

(7-6-2021; 5-3-2022)

A.

Purpose and Intent

The A2 Rural Estate District is composed of areas having primarily a rural character, which will generally be maintained for some length of time. These areas are characterized by large acreage tracts devoted to agricultural uses and sparsely populated residential areas. For this reason they are intended to be used as a buffer zone between the major agricultural uses and intensive land development districts.

The conditions and regulations listed below apply to A2, except where noted.

B.

Principal Uses and Structures

Principal uses and structures shall be allowed in the A2 Rural Estate District in accordance with Article 5, Part 5-1 of this Ordinance.

C.

Accessory Uses and Structures

Accessory uses and structures shall be permitted in the A2 Rural Estate District in accordance with Article 5, Part 5-2 of this Ordinance.

D.

Conditional Uses

Conditional uses shall be permitted in the (A2) Rural Estate District in accordance with Article 5, Part 5-1 of this Ordinance. Conditional uses shall be subject to the additional use standards established in Article 6 of this Ordinance.

E.

Property Development Standards

1.

Minimum Lot Area:

a.

The minimum lot area shall be one and one-half (1.5) acres where water and individual septic tank are used.

b.

The minimum lot area shall be two (2) acres where private well and individual septic tank are used.

c.

The minimum lot area shall be thirty-two thousand six hundred seventy (32,670) square feet (¾ acre) where public or community water and public sewer are used.

2.

Minimum Lot Width at Building Line: The minimum lot width at the building line shall be:

a.

One hundred (100) feet where public or community water and public sewer are used; and

b.

One hundred fifty (150) feet where public or community water and individual septic tank are used; and

c.

Two hundred (200) feet where private well and individual septic tank are used.

3.

Minimum Yard Requirements

a.

Front: Fifty (50) feet.

b.

Side: Fifteen (15) feet.

c.

Rear: Forty (40) feet.

4.

Minimum House Size: The minimum floor area of the primary dwelling shall be one thousand four hundred (1,400) square feet.

a.

Minimum floor area of the primary dwelling in a platted A2 Subdivision with curb and gutter shall be one thousand eight hundred (1,800) for one-story and two thousand (2,000) for two-story.

5.

Maximum Height: The maximum height of buildings shall be thirty-five (35) feet.

6.

Maximum Impervious Surface Coverage: The maximum impervious surface shall be twenty-five percent (25%) of the lot.

7.

Specific Regulations for Residential Units: Units shall have the following additional requirements:

a.

A minimum width in excess of twenty-four (24) feet.

b.

A minimum roof pitch of 5:12, which means having a pitch equal to at least five (5) inches of vertical height for every twelve (12) inches of horizontal run. Any dwelling unit for which a building permit was obtained prior to the adoption of this Ordinance may be extended, enlarged or repaired as otherwise provided by this Ordinance with the same roof pitch as that allowed by the previous building permit.

c.

All roof surfaces exposed to view shall be covered with asphalt or fiberglass shingles, wood shakes or shingles, standing seam (non-corrugated tin or steel), clay tiles, slate, or similar materials approved by the Director.

d.

Exterior materials shall consist of wood, brick, stone or other masonry type product, fiber cement siding and other similar material is permitted. Vinyl and aluminum siding is prohibited.

e.

All primary roof overhang for exterior walls shall be no less than twelve (12) inches for brick sided and twelve (12) inches shall apply to gable ends as well as exterior walls supporting rafters.

f.

All primary front entrances shall be scaled to the relative proportions of the building design, adjoining streetscape, and maintain the overall architectural style of the residence. All primary front and rear entrances shall be recessed a minimum of five (5) feet, and shall be covered by a roof extension, trellis extension, or shed roof extension no less than six (6) feet by six (6) feet in dimension. (This shall not apply to covered front porches.)

g.

All exterior wall sections wider than twenty-five (25) feet shall include an interruption in the plane of the façade by recess, protrusion, or fenestration, (garage side of house is excluded).

h.

No exposed unpainted wood is allowed on the front façade of any dwelling except porch flooring boards.

i.

The dwelling shall be placed on a permanent foundation, either slab or pier, which meets the requirements of the IRC Building Code.

j.

Utility meters shall be mounted to the structure rather than on a utility pole, and all axles, tongues, and transporting and towing apparatus of manufactured homes shall be removed before occupancy.

k.

All residential structures shall have a minimum six-foot by eight-foot front porch, patio or deck and a minimum six-foot by eight-foot rear porch. The structure shall include steps, which lead to ground level, and both landing, and steps shall meet the requirements of the IRC Building Code.

l.

A manufactured home shall be installed in accordance with the above regulations and Rules and Regulations of the Office of Commissioner of Insurance Safety Fire Division Chapter [120-3-7] Rules and Regulations for Manufactured Homes and the rules promulgated thereunder.

m.

The dwelling shall include an attached or detached, enclosed two-car garage having a minimum 5:12 roof pitch.

n.

Driveways not located in a platted subdivision shall be paved within the right-of-way in accordance with the Standard Design and Construction Details.

o.

Every single family dwelling lot within a platted residential subdivision shall plant and/or maintain two (2) two-inch caliper trees.

p.

All lot grading for residential dwellings shall not exceed 3:1 slope. Exceptions to this requirement shall be at the discretion of the Development Director on a case-by-case basis.

8.

In all platted subdivisions, the front yards shall be sodded and driveways shall be paved. (Excluded are lots within a private drive subdivision.) In situations where there is an established stand of perennial grass with at least eighty percent (80%) coverage, sod may be waived on a case-by-case basis.

9.

Street Trees shall be prohibited within any rights-of-way to be dedicated to Walton County.

(9-7-2004; 7-6-2021; 5-3-2022)

A.

Purpose and Intent

The R1 Single-Family Residential District is composed of low to high-density single-family residential development. The intent of this district is to provide areas to accommodate future development in a safe and efficient manner. The area is served by existing public facilities and the other areas will likely be served in the near future.

B.

Principal Uses and Structures

Principal uses and structures shall be allowed in the (R1) Single-Family Residential District in accordance with Article 5, Part 5-1 of this Ordinance.

C.

Accessory Uses and Structures

Accessory uses and structures shall be permitted in the (R1) Single-Family Residential District in accordance with Article 5, Part 5-2 of this Ordinance.

D.

Conditional Uses

Conditional uses shall be permitted in the R1 Single-Family Residential District in accordance with Article 5, Part 5-1 of this Ordinance. Conditional uses shall be subject to the additional use standards established in Article 6 of this Ordinance.

E.

Property Development Standards

1.

Minimum Lot Area: The minimum lot area shall be:

a.

21,780 square feet where public or community water and public sewer are used; and

b.

One (1) acre where public or community water and individual septic tank are used; and

c.

Two (2) acres where both private well and individual septic tank are used.

2.

Minimum Lot Width at Building Line: The minimum lot width at the building line shall be:

a.

One hundred (100) feet where public or community water and public sewer are used; and

b.

One hundred fifty (150) feet where public or community water and individual septic tank are used; and

c.

Two hundred (200) feet where both private well and individual septic tank are used.

3.

Minimum Yard Requirements:

a.

Front: Fifty (50) feet along streets, which function as arterial or collector streets. Forty (40) feet along all other streets.

b.

Side: Fifteen (15) feet.

c.

Rear: Forty (40) feet.

4.

Minimum House Size: The minimum floor area of the primary dwelling shall be one thousand six hundred (1,600) square feet.

5.

Maximum Height: The maximum height of buildings shall be thirty-five (35) feet.

6.

Specific Regulations for Residential Units

Units shall have the following additional requirements:

a.

A minimum width in excess of twenty-four (24) feet.

b.

A minimum roof pitch of 5:12, which means having a pitch equal to at least five (5) inches of vertical height for every twelve (12) inches of horizontal run. Any dwelling unit for which a building permit was obtained prior to the adoption of this Ordinance may be extended, enlarged or repaired as otherwise provided by this Ordinance with the same roof pitch as that allowed by the previous building permit.

c.

All roof surfaces exposed to view shall be covered with asphalt or fiberglass shingles, wood shakes or shingles, standing seam (non-corrugated tin or steel), clay tiles, slate, or similar materials approved by the Director.

d.

Exterior materials shall consist of wood, brick, stone or other masonry type product, fiber cement siding and other similar material is permitted. Vinyl and aluminum siding is prohibited.

e.

All primary roof overhang for exterior walls shall be no less than twelve (12) inches for brick sided and twelve (12) inches shall apply to gable ends as well as exterior walls supporting rafters.

f.

All primary front entrances shall be scaled to the relative proportions of the building design, adjoining streetscape, and maintain the overall architectural style of the residence. All primary front and rear entrances shall be recessed a minimum of five (5) feet, and shall be covered by a roof extension, trellis extension, or shed roof extension no less than six (6) feet by six (6) feet in dimension. (This shall not apply to covered front porches.)

g.

All exterior wall sections wider than twenty-five (25) feet shall include an interruption in the plane of the façade by recess, protrusion, or fenestration, (garage side of house is excluded).

h.

No exposed unpainted wood is allowed on the front façade of any dwelling except porch flooring boards.

i.

The dwelling shall be placed on a permanent foundation, either slab or pier, which meets the requirements of the IRC Building Code.

j.

Utility meters shall be mounted to the structure rather than on a utility pole, and all axles, tongues, and transporting and towing apparatus of manufactured homes shall be removed before occupancy.

k.

All residential structures shall have a minimum six-foot by eight-foot front porch, patio or deck and a minimum six-foot by eight-foot rear porch. The structure shall include steps, which lead to ground level, and both landing, and steps shall meet the requirements of the IRC Building Code.

l.

A manufactured home shall be installed in accordance with the above regulations and Rules and Regulations of the Office of Commissioner of Insurance Safety Fire Division Chapter [120-3-7] Rules and Regulations for Manufactured Homes and the rules promulgated thereunder.

m.

The dwelling shall include an attached or detached, enclosed two-car garage having a minimum 5:12 roof pitch.

n.

Driveways not located in a platted subdivision shall be paved within the right-of-way in accordance with the Standard Design and Construction Details.

o.

Every single family dwelling lot within a platted residential subdivision shall plant and/or maintain two (2) two-inch caliper trees.

p.

All lot grading for residential dwellings shall not exceed 3:1 slope. Exceptions to this requirement shall be at the discretion of the Development Director on a case-by-case basis.

7.

In all platted subdivisions, the front yards shall be sodded and driveways shall be paved. (Excluded are lots within a private drive subdivision.) In situations where there is an established stand of perennial grass with at least eighty percent (80%) coverage, sod may be waived on a case-by-case basis.

8.

Street Trees shall be prohibited within any rights-of-way to be dedicated to Walton County.

(7-6-2004; 7-6-2021)

A.

Purpose and Intent

The R2 Two-Family Residential District is composed of medium to high-density two-family residential development. The intent of this district is to provide areas to accommodate future development in a safe and efficient manner. The area is served by existing public facilities or will likely be served in the near future.

B.

Principal Uses and Structures

Principal uses and structures shall be allowed in the R2 Two-Family Residential District in accordance with Article 5, Part 5-1 of this Ordinance.

C.

Accessory Uses and Structures

Accessory uses and structures shall be permitted in the R2 Two-Family Residential District in accordance with Article 5, Part 5-2 of this Ordinance.

D.

Conditional Uses

Conditional uses shall be permitted in the R2 Two-Family Residential District in accordance with Article 5, Part 5-1 of this Ordinance. Conditional uses shall be subject to the additional use standards established in Article 6 of this Ordinance.

E.

Property Development Standards for each duplex or single-family detached dwelling:

1.

Minimum Lot Area: The minimum lot area shall be:

a.

Thirty thousand (30,000) square feet where public or community water and public sewer are used; and

b.

One (1) acre where public or community water and individual septic tank are used; and

c.

Two (2) acres where both private well and individual septic tank are used.

2.

Minimum Lot Width at Building Line: The minimum lot width at the building line shall be:

a.

One hundred (100) feet where public or community water and public sewer are used; and

b.

One hundred fifty (150) feet where public or community water and individual septic tank are used; and

c.

Two hundred (200) feet where both private well and individual septic tank are used.

3.

Minimum Yard Requirements

a.

Front: No more than fifty percent (50%) of the required front yard may be used for vehicular parking. Fifty (50) feet along streets that function as arterial or collector streets. Forty (40) feet along all other streets.

b.

Side: Fifteen (15) feet.

c.

Rear: Forty (40) feet.

4.

Minimum House Size: The minimum floor area of each dwelling unit shall be one thousand (1,000) square feet for duplex and one thousand six hundred (1,600) square feet for a single family residence.

5.

Maximum Height: The maximum height of buildings shall be thirty-five (35) feet.

6.

Maximum Impervious Surface Coverage: The maximum impervious surface shall be forty percent (40%) of the lot.

7.

Specific Regulations for Residential Units for each duplex or single family detached dwelling Units shall have the following additional requirements:

a.

A minimum width in excess of twenty-four (24) feet.

b.

A minimum roof pitch of 5:12, which means having a pitch equal to at least five (5 inches of vertical height for every twelve (12) inches of horizontal run. Any dwelling unit for which a building permit was obtained prior to the adoption of this Ordinance may be extended, enlarged or repaired as otherwise provided by this Ordinance with the same roof pitch as that allowed by the previous building permit.

c.

All roof surfaces exposed to view shall be covered with asphalt or fiberglass shingles, wood shakes or shingles, standing seam (non-corrugated tin or steel), clay tiles, slate, or similar materials approved by the Director.

d.

Exterior materials shall consist of wood, brick, stone or other masonry type product, fiber cement siding and other similar material is permitted. Vinyl and aluminum siding is prohibited.

e.

All primary roof overhang for exterior walls shall be no less than twelve (12) inches for brick sided and twelve (12) inches shall apply to gable ends as well as exterior walls supporting rafters.

f.

All primary front entrances shall be scaled to the relative proportions of the building design, adjoining streetscape, and maintain the overall architectural style of the residence. All primary front and rear entrances shall be recessed a minimum of five (5) feet, and shall be covered by a roof extension, trellis extension, or shed roof extension no less than six (6) feet by six (6) feet in dimension. (This shall not apply to covered front porches.)

g.

All exterior wall sections wider than twenty-five (25) feet shall include an interruption in the plane of the façade by recess, protrusion, or fenestration, (garage side of house is excluded).

h.

No exposed unpainted wood is allowed on the front façade of any dwelling except porch flooring boards.

i.

The dwelling shall be placed on a permanent foundation, either slab or pier, which meets the requirements of the IRC Building Code.

j.

Utility meters shall be mounted to the structure rather than on a utility pole, and all axles, tongues, and transporting and towing apparatus of manufactured homes shall be removed before occupancy.

k.

All residential structures shall have a minimum six-foot by eight-foot front porch, patio or deck and a minimum six-foot by eight-foot rear porch. The structure shall include steps, which lead to ground level, and both landing, and steps shall meet the requirements of the IRC Building Code.

l.

A manufactured home shall be installed in accordance with the above regulations and Rules and Regulations of the Office of Commissioner of Insurance Safety Fire Division Chapter [120-3-7] Rules and Regulations for Manufactured Homes and the rules promulgated thereunder.

m.

The dwelling shall include an attached or detached, enclosed two-car garage having a minimum 5:12 roof pitch.

n.

Driveways not located in a platted subdivision shall be paved within the right-of-way in accordance with the Standard Design and Construction Details.

o.

Every single family dwelling lot within a platted residential subdivision shall plant and/or maintain two (2) two-inch caliper trees.

p.

All lot grading for residential dwellings shall not exceed 3:1 slope. Exceptions to this requirement shall be at the discretion of the Development Director on a case-by-case basis.

F.

In all platted subdivisions, the front yards shall be sodded and driveways shall be paved. (Excluded are lots within a private drive subdivision.) In situations where there is an established stand of perennial grass with at least eighty percent (80%) coverage, sod may be waived on a case-by-case basis.

G.

Street Trees shall be prohibited within any rights-of-way to be dedicated to Walton County.

(2-6-2007; 7-6-2021)

A.

Purpose and Intent

The R3 Multi-Family Residential District is mainly comprised of multi-family residential buildings including zero lot line development where surrounding land uses are compatible with high density residential development or suitable transitions are provided. Appropriate areas should have adequate public facilities including community or public water and/or public sewer systems. Since lot requirements are reduced and density is increased, it is critical that all factors relating to drainage, topography and other environmental factors be examined carefully to ensure suitability.

B.

Principal Uses and Structures

Principal uses and structures shall be allowed in the R3 Multi-Family Residential District in accordance with Article 5, Part 5-1 of this Ordinance.

C.

Accessory Uses and Structures

Accessory uses and structures shall be permitted in the R3 Multi-Family Residential District in accordance with Article 5, Part 5-2 of this Ordinance.

D.

Conditional Uses

Conditional uses shall be permitted in the R3 Multi-Family Residential District in accordance with Article 5, Part 5-1 of this Ordinance. Conditional uses shall be subject to the additional use standards established in Article 6 of this Ordinance.

E.

Property Development Standards

1.

Minimum Lot Area: The minimum lot area shall be ten (10) acres.

2.

Minimum Lot Width at Building Line: The minimum lot width at the building line shall be one hundred fifty (150) feet.

3.

Minimum Yard Requirements:

4.

Multi-family dwellings:

a.

Front: One hundred (100) feet. No more than fifty percent (50%) of the required front yard may be used for vehicular parking.

b.

Side: Fifteen (15) feet.

c.

Rear: Thirty-five (35) feet.

5.

Single-family detached dwellings:

a.

Front: Forty (40) feet

b.

Side yard: Ten (10) feet

c.

Rear yard: Forty (40) feet

6.

Maximum Density: The maximum permitted density shall be six (6) units per acre.

7.

Minimum House Size:

The minimum floor area of the primary dwelling shall be:

a.

One (1) bedroom: Six hundred (600) square feet.

b.

Two (2) bedrooms: Seven hundred fifty (750) square feet.

c.

Three (3) bedrooms: One thousand (1,000) square feet.

d.

Efficiency: Five hundred (500) square feet.

Architectural Design of multi-family residential structures is subject to approval by the Board of Commissioners.

e.

Single-family dwelling: One thousand six hundred (1,600) square feet.

8.

Maximum Height: The maximum height of the building shall be thirty-five (35) feet.

9.

Maximum Impervious Surface Coverage: The maximum impervious surface shall be forty percent (40%) of the lot.

10.

Open Space Requirement

a.

Twenty-five percent (25%) of total acreage, which shall include four hundred (400) square feet of, landscaped outdoor recreation space for each unit.

b.

Where abutting any residential district a buffer is required in conformance with Article 12 of this Ordinance.

11.

Maintenance and protection of open space held in common:

Each applicant shall present as a part of the application for a Multi-Family Development, a legal mechanism under which all land to be held in common are used for open space purposes shall be protected in perpetuity. Such legal mechanism may include deed restrictions or homeowners associations, which shall be approved by the Department as assuring each of the following mandatory requirements:

a.

That all land held in common shall remain undivided and shall not be subdivided or developed in perpetuity;

b.

That all subsequent property owners in perpetuity within said Multi-Family Development are placed on notice of this development restriction through the deed records of Walton County Superior Court;

c.

That all land held in common will be properly maintained and insured with no liability or maintenance responsibilities accruing to the County;

d.

That a legal mechanism exists for notice of deficiencies in maintenance of the land held in common, correction of these deficiencies, properties for the cost of the correction of these deficiencies by a third party or the County;

e.

That the legal mechanism be created and implemented prior to the sale of any individual units within the Multi-Family Development; and

f.

That all requirements of the legal mechanism chosen by the applicant and approved by the Department shall be specified on the final plan and recorded with the Clerk of Superior Court of Walton County.

When an applicant for a Multi-Family Development chooses to utilize a homeowners association in order to comply with the requirements of Subsection 11 above, the applicant, in addition to meeting all of said requirements, shall provide for all of the following:

(1)

Mandatory and automatic membership in the homeowners association as a requirement of dwelling unit ownership;

(2)

All owners shall have equal access and right of use to all common and shared facilities;

(3)

A fair and uniform method of assessment for dues, maintenance and related costs;

(4)

Where appropriate, party wall maintenance and restoration in the event of damage or destruction;

(5)

Perpetual and continued maintenance of land held in common and liability through the use of liens or other means in the case of default; and

(6)

That all required covenants, declarations and restrictions shall be filed with the Clerk of the Superior Court of Walton County.

12.

Specific Regulations for detached Single-Family Residential Dwellings

Detached single-family dwellings shall have the following additional requirements:

a.

A minimum width in excess of twenty-four (24) feet.

b.

A minimum roof pitch of 5:12, which means having a pitch equal to at least five (5) inches of vertical height for every twelve (12) inches of horizontal run. Any dwelling unit for which a building permit was obtained prior to the adoption of this Ordinance may be extended, enlarged or repaired as otherwise provided by this Ordinance with the same roof pitch as that allowed by the previous building permit.

c.

All roof surfaces exposed to view shall be covered with asphalt or fiberglass shingles, wood shakes or shingles, standing seam (non-corrugated tin or steel), clay tiles, slate, or similar materials approved by the Director.

d.

Exterior materials shall consist of wood, brick, stone or other masonry type product, fiber cement siding and other similar material is permitted. Vinyl and aluminum siding is prohibited.

e.

All primary roof overhang for exterior walls shall be no less than twelve (12) inches for brick sided and twelve (12) inches shall apply to gable ends as well as exterior walls supporting rafters.

f.

All primary front entrances shall be scaled to the relative proportions of the building design, adjoining streetscape, and maintain the overall architectural style of the residence. All primary front and rear entrances shall be recessed a minimum of five (5) feet, and shall be covered by a roof extension, trellis extension, or shed roof extension no less than six (6) feet by six (6) feet in dimension. (This shall not apply to covered front porches.)

g.

All exterior wall sections wider than twenty-five (25) feet shall include an interruption in the plane of the façade by recess, protrusion, or fenestration, (garage side of house is excluded).

h.

No exposed unpainted wood is allowed on the front façade of any dwelling except porch flooring boards.

i.

The dwelling shall be placed on a permanent foundation, either slab or pier, which meets the requirements of the IRC Building Code.

j.

Utility meters shall be mounted to the structure rather than on a utility pole, and all axles, tongues, and transporting and towing apparatus of manufactured homes shall be removed before occupancy.

k.

All residential structures shall have a minimum six-foot by eight-foot front porch, patio or deck and a minimum six-foot by eight-foot rear porch. The structure shall include steps, which lead to ground level, and both landing, and steps shall meet the requirements of the IRC Building Code.

l.

A manufactured home shall be installed in accordance with the above regulations and Rules and Regulations of the Office of Commissioner of Insurance Safety Fire Division Chapter [120-3-7] Rules and Regulations for Manufactured Homes and the rules promulgated thereunder.

m.

The dwelling shall include an attached or detached, enclosed two-car garage having a minimum 5:12 roof pitch.

n.

Driveways not located in a platted subdivision shall be paved within the right-of-way in accordance with the Standard Design and Construction Details.

o.

Every single family dwelling lot within a platted residential subdivision shall plant and/or maintain two (2) two-inch caliper trees.

p.

All lot grading for residential dwellings shall not exceed 3:1 slope. Exceptions to this requirement shall be at the discretion of the Development Director on a case-by-case basis.

13.

In all platted subdivisions, the front yards shall be sodded and driveways shall be paved. (Excluded are lots within a private drive subdivision.) In situations where there is an established stand of perennial grass with at least eighty percent (80%) coverage, sod may be waived on a case-by-case basis.

14.

Street Trees shall be prohibited within any rights-of-way to be dedicated to Walton County.

(7-6-2021)

A.

Purpose and Intent

The intent of this district shall be to provide standards for the continuance of certain lands in the County that already are used for communities of manufactured homes in subdivision settings with individual lots for sale or wherein either a manufactured home space or a space and a manufactured home may be rented for residential occupancy. Manufactured home parks share some of the characteristics with multi-family developments and therefore may be continued if located in areas where the level of public services provides for the higher density of these developments. Care should be taken in continuing such areas so as not to create land uses, which would be in conflict with the long range, development plans for other types of residential development anticipated occurring in the immediate vicinity. Sales lots for manufactured homes are not permitted in this district. No new applications shall be accepted for this zoning district.

1.

Existing manufactured home parks within this district and other districts have been determined to be a non-conforming use.

2.

Pre-owned Manufactured Homes.

All pre-owned manufactured homes located in the jurisdiction shall bear a label certifying it was constructed in compliance with the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., (the HUD Code) and shall be installed in accordance with the Rules and Regulations of the Office of Commissioner of Insurance Safety Fire Division Chapter [120-3-7] Rules and Regulations for Manufactured Homes and the rules promulgated thereunder.

Permitting, Inspection, Certificate of Occupancy and Fees. A permit shall be required to locate a pre-owned manufactured home in the jurisdiction.

Permit. To obtain a permit, Applicants shall provide to the building inspector:

An affidavit signed by the applicant that the pre-owned manufactured home meets health and safety standards required by this Act;

Photographs of the interior and exterior of the pre-owned manufactured home providing evidence that home meets the minimum health and safety standards of Section 4 of this Ordinance;

The permit and inspection fee required by subsection (d) of this Section.

Inspection. Upon receipt of a permit, Applicants may relocate the manufactured home on a residential site for the purposes of inspection. Applicant shall arrange for an inspection to be held once the installation of the manufactured home is complete.

Certificate of Occupancy. A certificate of occupancy shall be issued to the Applicant at such time that the building inspector certifies that the requirements of this Ordinance have been met.

Fee. A permit and inspection fee of fifteen cents ($.15) per square foot shall be charged to the applicant to cover the cost to the County to process the permit application and inspect the pre-owned manufactured home. Such fee shall cover the initial inspection and one (1) follow-up inspection. The applicant shall be charged twenty-five dollars ($25.00) for each additional follow-up inspection that may be necessary.

Alternative Inspection. At the request of the Applicant, the building inspector may, at his or her discretion, inspect a pre-owned manufactured home prior to its being relocated if the home is then located at another site within the county.

Minimum Health and Safety Standards. All pre-owned manufactured homes shall comply with the following before being issued a certificate of occupancy by the building inspector:

HUD Code. Every pre-owned manufactured home located in the jurisdiction shall be in compliance with the Federal Manufactured Housing Construction and Safety Standards Act, 42 U.S.C. 5401-5445 (the HUD Code) and shall not have been altered in such a way that the home no longer meets the HUD Code.

Interior Condition. Every floor, interior wall, and ceiling of a pre-owned manufactured home shall be in sound condition. Doors and windows shall be operable, watertight and in good working condition. The floor system shall be in sound condition and free of warping, holes, water damage, or deterioration.

Exterior Condition. The exterior of all pre-owned manufactured homes shall be free of loose or rotting boards or timbers and any other conditions that might admit rain or moisture to the interior portions of the walls or to occupied spaces. The exterior siding shall be free of rot and rust. Roofs shall be structurally sound and have no obvious defects that might admit rain or cause moisture to collect on the interior portion of the home.

Sanitary Facilities. Every plumbing fixture, water, and waste pipe of a pre-owned manufactured home shall be in a sanitary working condition when properly connected, and shall be free from leaks and obstructions. Each home shall contain a kitchen sink. Each bathroom shall contain a lavatory and water closet. At least one (1) bathroom shall contain a tub and/or shower facilities. Each of these fixtures shall be checked upon being connected to ensure they are in good working condition.

Heating Systems. Heating shall be safe and in working condition. Unvented heaters shall be prohibited.

Electrical Systems (switches, receptacles, fixtures, etc.) shall be properly installed and wired and shall be in working condition. Distribution panels shall be in compliance with the approved listing, complete with required breakers, with all unused openings covered with solid covers approved and listed for that purpose. The home shall be subject to an electrical continuity test to assure that all metallic parts are properly bonded. Each pre-owned manufactured home shall contain a water heater in safe and working order.

Hot Water Supply. Each home shall contain a water heater in safe and working condition.

Egress Windows. Each bedroom of a manufactured home shall have at least one (1) operable window of sufficient size to allow egress if necessary.

Ventilation. The kitchen in the home shall have at least one (1) operating window or other ventilation device.

Smoke Detectors. Each pre-owned manufactured home shall contain one (1) operable battery-powered smoke detector in each bedroom and in the kitchen, which must be installed in accordance with the manufacturer's recommendations.

Enforcement.

Permanent connection to utilities shall not be approved until the building inspector has issued a certificate of occupancy.

Owners of pre-owned manufactured homes that are not in compliance upon a third inspection shall have their permit revoked and shall be required to remove the home from the jurisdiction at their own expense.

Penalties.

Failure to remove a pre-owned manufactured home from the jurisdiction upon failure to receive a certificate of occupancy shall be deemed in violation of this Ordinance and subject to penalties as prescribed in Article 15.

3.

All new residential structures in MHP not in manufactured home parks shall comply with the following:

a.

All residential structures shall have a minimum 5:12 roof pitch.

b.

All residential roofing shall be shingles. (Planning and Development Director may approve alternative methods on an individual basis.)

c.

The dwelling shall include an attached or detached, enclosed two-car garage having a minimum 5:12 roof pitch.

d.

All residential structures shall have a minimum four-foot by four-foot front porch, patio or deck and a minimum six-foot by eight-foot rear porch, patio or deck.

e.

All lots being within a platted subdivision shall have paved driveways.

B.

Permitted Uses

Within any Manufactured Home Park District (MHP), a building, land or premises shall be used only for the following permitted uses:

1.

Parking and inhabiting of manufactured homes provided all facilities shown on the site plan submitted to and approved by the Planning Commission are installed and maintained according to the schedule submitted with site plan and conditions of approval.

2.

Recreation areas, offices and/or maintenance and storage buildings, incidental to principal use and designed for use by residents of the manufactured home park only. No repair facilities of any type including auto repair facilities of any type shall be permitted. Setback areas may not be included in recreational areas.

3.

Laundromat, including coin operated dry cleaning, as an accessory to a manufactured home park and designed for the use of the occupants of the park only as designated on an approved site plan, upon approval by the Walton County Health Department.

4.

A children's day care facility for use only by the residents of the park and in compliance with the applicable local and state requirements.

5.

Utility structures and buildings, including electric and natural gas substations, telephone exchanges, radio and television stations, and similar structures for the storage of supplies, equipment or service operations when properly screened as approved by the Department.

C.

Area Requirements

1.

Required Lot Area:

a.

No Manufactured Home Park shall be constructed or maintained on a lot or tract, which does not have a total area of at least twenty (20) acres.

b.

A Manufactured Home Park shall be located only on a tract or parcel of land having a minimum of two hundred (200) feet of frontage on a State or Federal highway or a paved road having direct access to and within six hundred (600) feet of such arterial, State or Federal roads. The minimum lot width shall be one hundred (100) feet.

c.

No individual sites in the park shall have direct access to any Federal, State or County road.

D.

Density

1.

Within a Manufactured Home Park District not more than two (2) dwelling units per gross acre shall be permitted if public water and sewer are available. For purposes of computation of density, areas set aside for buffer zones; greenbelts and/or recreation area may be counted within the gross acreage.

2.

Manufactured Home and Mobile Home Site Requirements: Each manufactured home or mobile home shall be located on a separate lot or undivided home site, as appropriate, as follows:

3.

Each site shall provide a minimum width of forty-five (45) feet at the pad location.

4.

Each site shall contain a minimum of seventeen thousand (17,000) square feet if public water and public sewer or community water and public sewer are available.

5.

Each site shall be defined by a marker at each corner.

6.

Each site shall provide a paved concrete or all weather patio area having a minimum area of three hundred (300) square feet.

7.

Setbacks: No manufactured home or structure shall be located within:

a.

Ten (10) feet of its individual interior lot line or pad site boundary.

b.

Forty (40) feet of any rear or side property line of the overall development.

c.

Eighty (80) feet of any County, State or Federal right-of-way.

d.

Twenty (20) feet of any interior street right-of-way or easement, within the manufactured home park.

E.

Soil Erosion and Sediment Control Plans and Construction Drawing must be approved before any construction work begins. All improvements shall be located and constructed in accordance with the standards and requirements of Walton County.

F.

Conditional Uses

Principal and accessory uses that are permitted in the MHP Manufactured Home Park District upon approval as conditional uses are shown in Article 5, Part 5-1. Restrictions that apply to specific uses are included in Article 6 of this Ordinance.

(10-5-2010)

A.

Purpose and Intent

The O-I Office-Institutional District is primarily composed of a combination of service-oriented business and professional, administrative, non-profit, and public institutional or related offices located on or adjacent to community facilities. This district should, when possible, be employed as a buffer zone between predominantly residential and heavier commercial or industrial districts. Uses within this district should be those which do not generate excessive noise, traffic congestion or other health hazards and which will promote land use consistent with the Walton County Comprehensive Land Use Plan.

B.

Principal Uses and Structures

Principal uses and structures shall be allowed in the O-I Office-Institutional District in accordance with Article 5, Part 5-1 of this Ordinance.

C.

Accessory Uses and Structures

Accessory uses and structures shall be permitted in the O-I Office-Institutional District in accordance with Article 5, Part 5-2 of this Ordinance.

D.

Conditional Uses

Conditional uses shall be permitted in the O-I Office-Institutional District in accordance with Article 5, Part 5-1 of this Ordinance. Conditional uses shall be subject to the additional use standards established in Article 6 of this Ordinance.

E.

Property Development Standards

1.

Minimum Lot Frontage: The minimum lot frontage shall be one hundred (100) feet.

2.

Minimum Setback Requirements

a.

Front: Fifty (50) feet

b.

Side: Fifteen (15) feet.

c.

Rear: Forty (40) feet.

F.

Minimum Lot Area: Fifteen thousand (15,000) square feet where both public water and public sewer are available. Other situations require twenty-five thousand five hundred (25,500) square feet and depend on approval of the Health Department.

G.

Minimum Floor Area: The minimum floor area of the principal use shall be four hundred (400) square feet.

H.

Maximum Impervious Surface Coverage: The maximum impervious surface is seventy-five percent (75%) of the lot.

I.

Maximum Height: The maximum height of buildings shall be two (2) stories.

J.

Parking Requirements: Off-street parking and loading space shall be provided in accordance with Article 7 of this Ordinance.

K.

Buffer: Where abutting any residential or agricultural district, a buffer is required in conformance with Article 12 of this Ordinance.

L.

Such use shall be conducted entirely within a completely enclosed building with no outside storage of equipment, vehicles or materials.

(12-6-2005; 4-6-2010)

A.

Purpose and Intent

The B1 Neighborhood Business District is primarily composed of service businesses or light retail establishments in planned developments or on separate lots generally designed to serve nearby residential areas. It is the intent of this district to provide convenient commercial establishments that are primarily used by persons residing in the area. All businesses shall be those, which are not objectionable by reason of odor, dust, bright lights, noise, vibration, traffic safety, or high trip generation rates. Such uses shall be subject to the following conditions:

1.

Such use shall be consistent with the policies of the Comprehensive Plan;

2.

Such use will not substantially affect nearby residential properties;

3.

The site plan for such use provides for adequate ingress or egress of vehicular traffic; and

4.

Such use shall be conducted entirely within a completely enclosed building with no outside storage.

B.

Principal Uses and Structures

Principal uses and structures shall be allowed in the B1 Neighborhood Business District in accordance with Article 5, Part 5-1 of this Ordinance.

C.

Accessory Uses and Structures

Accessory uses and structures shall be permitted in the B1 Neighborhood Business District in accordance with Article 5, Part 5-2 of this Ordinance.

D.

Conditional Uses

Conditional uses shall be permitted in the B1 Neighborhood Business District in accordance with Article 5, Part 5-1 of this Ordinance. Conditional uses shall be subject to the additional use standards established in Article 6 of this Ordinance.

E.

Property Development Standards

1.

Minimum Lot Frontage: The minimum lot frontage shall be one hundred (100) feet.

2.

Minimum Setback Requirements

a.

Front: Forty (40) feet when located along streets which function as arterial and collector streets. Thirty (30) feet along all other streets.

b.

Side: Fifteen (15) feet:

c.

Rear: Forty (40) feet.

3.

Minimum Lot Area: fifteen thousand (15,000) square feet where both public water and public sewer are available. Other situations require twenty-five thousand five hundred (25,500) square feet and depend on approval of the Health Department.

4.

Minimum Floor Area: The minimum floor area of any use shall be four hundred (400) square feet.

5.

Maximum Impervious Surface Coverage: The maximum impervious surface is seventy-five percent (75%) of the lot.

6.

Maximum Height: The maximum height of buildings shall be three (3) stories.

7.

Parking Requirements: Off-street parking and loading space shall be provided in accordance with Article 7 of this Ordinance.

8.

Buffer: Where abutting any residential or agricultural district, a buffer is required in conformance with Article 12 of this Ordinance.

9.

There shall be no outside storage.

(4-6-2010)

A.

Purpose and Intent

The B2 Highway Business District is composed of light to medium intensity commercial uses which are primarily designed to serve the automotive traveling public and shall be located on arterial streets or major or minor collector streets as defined in the Walton County Comprehensive Land Use Plan. Such uses should be those, which are not objectionable by reason of odor, dust, bright lights, noise, or vibration. Such uses shall be subject to the following conditions:

1.

Such use shall be consistent with the policies of the Comprehensive Plan,

2.

Such proposed use is not inconsistent with current or projected neighboring land use and zoning,

3.

The site plan for proposed use shall provide for adequate ingress and egress of vehicular traffic and shall not cause safety, health, or unreasonable traffic congestion problems in the area; and

4.

The proposed use shall be conducted within a completely enclosed building.

B.

Principal Uses and Structures

Principal uses and structures shall be allowed in the B2 Highway Business Districts in accordance with Article 5, Part 5-1 of this Ordinance.

C.

Accessory Uses and Structures

Accessory uses and structures shall be permitted in the B2 Highway Business Districts in accordance with Article 5, Part 5-2 of this Ordinance.

D.

Conditional Uses

Conditional uses shall be permitted in the B2 Highway Business Districts in accordance with Article 5, Part 5-1 of this Ordinance. Conditional uses shall be subject to the additional use standards established in Article 6 of this Ordinance.

E.

Property Development Standards

1.

Minimum Lot Frontage: The minimum lot frontage shall be one hundred (100) feet.

2.

Minimum Setback Requirements

a.

Front: Fifty (50) feet when located along a street which functions as an arterial or collector. Forty (40) feet when located along all other streets.

b.

Side: Fifteen (15) feet.

c.

Rear: Forty (40) feet.

3.

Minimum Lot Area: Fifteen thousand (15,000) square feet where both public water and public sewer are available. Other situations require twenty-five thousand five hundred (25,500) square feet and depend on approval of the Health Department.

4.

Minimum Floor Area: The minimum floor area of any use shall be four hundred (400) square feet.

5.

Maximum Impervious Surface Coverage: The maximum impervious surface is seventy-five percent (75%) of the lot.

6.

Maximum Height: The maximum height of buildings shall be three (3) stories.

7.

Parking Requirements: Off-street parking and loading space shall be provided in accordance with Article 7 of this Ordinance.

8.

When abutting any residential or agricultural district, a buffer is required in conformance with Article 12 of this Ordinance.

9.

Outside storage is permitted by conditional use only and must be completely enclosed with a screening fence or buffer.

(4-6-2010)

A.

Purpose and Intent

The B3 General Business District is primarily composed of heavy commercial and light industrial uses usually located near population centers and which may generate increased traffic and congestion. The intent of this district is to provide for special areas which, due to their location or current land use, have been set aside to allow uses which may not be allowed in the lighter commercial districts, but are not generally objectionable by reason of dust, odor, bright lights, noise or vibration. This district should generally be utilized as a buffer between heavier industrial and lighter commercial zones. Such uses shall be subject to the following conditions:

1.

The proposed use is consistent with the policies of the Walton County Comprehensive Land Use Plan;

2.

Such proposed use is not inconsistent with neighboring zoning and current land use, and will when necessary provide adequate buffer between adjoining residential or agricultural districts;

3.

The site plan for the proposed use provides for adequate ingress and egress of vehicular traffic and will not cause safety, health or unreasonable traffic safety or congestion problems in the area; and

4.

Such use shall be conducted within a completely enclosed building.

B.

Principal Uses and Structures

Principal uses and structures shall be allowed in the B3 General Business District in accordance with Article 5, Part 5-1 of this Ordinance.

C.

Accessory Uses and Structures

Accessory uses and structures shall be permitted in the B3 General Business District in accordance with Article 5, Part 5-2 of this Ordinance.

D.

Conditional Uses

Conditional uses shall be permitted in the B3 General Business District in accordance with Article 5, Part 5-1 of this Ordinance. Conditional uses shall be subject to the additional use standards established in Article 6 of this Ordinance.

E.

Property Development Standards

1.

Minimum Lot Frontage: The minimum lot frontage shall be one hundred (100) feet.

2.

Minimum Setback Requirements:

a.

Front: Sixty (60) feet when located along streets which function as arterial and collector streets. Fifty (50) feet along all other streets.

b.

Side: Fifteen (15) feet.

c.

Rear: Forty (40) feet.

3.

Minimum Lot Area: Fifteen thousand (15,000) square feet where both public water and public sewer are available. Other situations require twenty-five thousand five hundred (25,500) square feet and depend on approval of the Health Department.

4.

Minimum Floor Area: The minimum floor area of any use shall be four hundred (400) square feet.

5.

Maximum Impervious Surface Coverage: The maximum impervious surface is seventy-five percent (75%) of the lot.

6.

Maximum Height: The maximum height of buildings shall be three (3) stories.

7.

Parking Requirements: Off-street parking and loading space shall be provided in accordance with Article 7 of this Ordinance.

8.

Buffer: Where abutting any residential or agricultural district, a buffer is required in conformance with Article 12.

9.

Outside storage is allowed when completely enclosed by a screening fence or buffer.

(4-6-2010)

A.

Purpose and Intent

The purpose and intent of the Town Center District is to establish a zoning district classification that promotes the public health, safety, and general welfare by permitting in areas served by public water and public sewer, greater flexibility in site planning and building arrangements within a mixed-use development guided by an overall master plan. The Town Center District is intended to promote the following principles.

1.

Provide for a variety of supporting and compatible uses in close proximity to major employment centers;

2.

Provide a clearly defined focal point and center of activity that serves the commercial, civic, social, and recreation needs of the surrounding community within a walkable area;

3.

Provide a network of connected streets with sidewalks and landscaping to facilitate convenient, efficient, and safe movement within the Town Center and between the Town Center and surrounding neighborhoods and business areas;

4.

Design streets, sidewalks, and buildings to provide an attractive and lively streetscape that encourages pedestrian activity;

5.

Integrate parks, open space, and public space into the Town Center;

6.

Use the placement of civic buildings on key sites to create landmarks and a strong sense of place;

7.

Provide adequate public facilities and services; and

8.

Promote quality development of attractive and cohesive design.

B.

Principal Uses and Structures

Principal uses and structures shall be allowed in the TC Town Center District in accordance with Article 5, Part 5-2 of this Ordinance.

C.

Accessory Uses and Structures

Accessory uses and structures shall be permitted in the Town Center District in conformity with the table in Article 5, Part 5-2 of this Ordinance.

D.

Conditional Uses

1.

Conditional uses shall be permitted in conformity with the table in Article 5, Part 5-1 of this Ordinance.

2.

Certain authorized, accessory or conditional uses must meet certain standards peculiar to the use as provided in Article 6 of this Ordinance.

3.

Conditional uses shall be approved in accordance with Article 4, Part 4-4 of this Ordinance.

E.

Standards Of Development

The following standards shall apply to each application for the Town Center District classification:

1.

Density — Net residential density within the Town Center District may not exceed twenty (20) units per acre of land for an individual project and average residential density may not exceed six (6) units per gross acre of the Town Center District

2.

Authorized Uses — The Town Center development may consist of any authorized use or combination of principal uses, conditional uses, and accessory uses as authorized in Article 5, Part 5-1, except that the total of single-family detached dwelling units may not occupy more than fifty percent (50%) of the total developed acreage of the overall area of the Town Center District.

3.

Buildings and sites are permitted to contain a mixture of uses.

4.

In buildings with a mixture of residential and non-residential uses, non-residential uses must occupy the ground floor.

5.

Accessory dwelling units are permitted in conjunction with single-family detached dwelling units only. No more than one (1) accessory dwelling unit is permitted in conjunction with a single-family dwelling unit.

6.

Utility structures necessary for the transmission or distribution of service are authorized. Private utility facilities necessary for the transmission or distribution of electric power, natural gas, or telephone service are authorized. All standard distribution lines shall be placed underground.

7.

Recreation facilities including gymnasiums, swimming pools, tennis courts, outdoor play areas, bikeways, walking trails, picnic pavilions, clubhouses, and similar recreation facilities are authorized.

F.

Streets and Sidewalks

1.

All streets within the Town Center district shall be public streets except for alleys.

2.

All public streets serving the district must be suitable in design and adequate in capacity to carry the anticipated traffic within the proposed project and in the vicinity of the district.

G.

Alleys

1.

Alleys are permitted as private streets providing secondary or service access.

2.

Alleys serving four (4) or more occupied structures shall provide a continuous connection between two (2) public streets and shall meet the following standards:

a.

Alleys shall be paved to a width of not less than ten (10) feet and constructed to the same paving standards as the connecting streets;

b.

No alleys shall be longer than five hundred (500) feet;

c.

No alley shall have a slope greater than seven percent (7%);

d.

Alleys paved to a width narrower than sixteen (16) feet shall be bordered on both sides by unobstructed four-foot wide shoulders constructed of grass or gravel; and

e.

Buildings shall be set back at least ten (10) feet from the edge of pavement of an alley.

H.

Sidewalk Requirements

1.

Sidewalks are required on all streets within the Town Center District, except for alleys.

2.

Sidewalks shall connect to front entrances of commercial buildings.

3.

The location and width of sidewalks shall be established pursuant to the approved Town Center Development plan.

I.

Parking Requirements

1.

Off-street parking requirements may be met by a combination of off-street, on street, and shared parking.

2.

Off-street parking requirements provided in Article 7 may be reduced by twenty percent (20%) in the Town Center District if shared parking is provided.

3.

No required parking space shall be more than seven hundred (700) feet from the exterior entrance to the building that is served by the subject parking space, measured along a convenient route of pedestrian access.

J.

Buffers

Buffers and screening between adjacent uses are not required within the Town Center District.

K.

Phasing of Projects

1.

Development of the Town Center District may be phased.

2.

In all cases where a project is to be phased, each phase of the project shall contain the required parking spaces, open space, landscaping, and utilities required for that phase.

L.

Design and Development Standards

The following design and development standards shall apply to the Town Center District:

1.

Minimum yard requirements for buildings within a Town Center District:

a.

Front yard: none, except that where single-family dwellings have front entry garages, the front of the garage shall be set back at least twenty-two (22) feet from the front property line.

b.

Rear yard: twenty (20) feet.

2.

Minimum spacing between buildings containing attached single-family residences and multi-family dwellings:

a.

The front or rear face of a dwelling unit shall be not less than fifty (50) feet from the front or rear face of another dwelling unit. The unattached side face of a single-family attached building shall be not less than twenty (20) feet from the side face of another such building and not less than forty (40) feet from the front or rear face of another such building or unit. Maximum length of a building shall not exceed two-hundred-fifty (250) feet along any elevation.

b.

No dwelling unit shall be situated so as to face the rear of another dwelling unit closer than fifty (50) feet away unless terrain differences or screening will provide effective visual separation.

3.

Minimum Dwelling Unit Size Requirements

The minimum size of any dwelling unit in a Town Center District shall be as follows:

a.

Single-family dwelling: minimum of one thousand six hundred (1,600) square feet of heated area.

b.

Other dwellings: minimum of six hundred (600) square feet.

c.

Maximum Height: four (4) stories, or sixty (60) feet, whichever is greater.

M.

Architectural Standards

1.

Buildings other than garages, storage buildings, and accessory structures shall have their principal orientation toward the street rather than toward parking areas.

2.

The facades of all buildings facing the street shall be at least two (2) stories or at least eighteen (18) feet in height and be constructed with design features along the sidewalks that provide for the interest, comfort and convenience of pedestrians, including at least one (1) of the following features: canopies, awnings, porches, or recessed entries.

3.

At least thirty-five percent (35%) of the ground level façade of each non-residential building that faces a sidewalk shall be comprised of windows.

For single-family dwellings, garages must be located either in rear yards or have side-entries.

N.

Review and Approval Procedures

1.

Each application for the Town Center District classification shall be filed with the Department and shall be reviewed in a two-step process consisting of a concept plan and a preliminary plan, as provided below. Reviews at each step shall be conducted in a public hearing conducted in compliance with Article 4, Part 4-4 of this Ordinance.

2.

The application for concept plan approval for a Town Center District shall include, at a minimum, the following information:

a.

A complete application for zoning approval in a manner consistent with a rezoning application as provided in Article 4, Part 4-4 of this Ordinance.

b.

A narrative addressing the proposed development explaining how it meets the purpose, intent, and standards of this Ordinance. The narrative shall include a tabulation of the approximate number of acres in each land use, the approximate number of dwelling units by type, the approximate gross residential density, the approximate open space acreage, the anticipated number, type and size of recreational facilities and other amenities, creative or innovative features of the development, the relationship of the proposed development to surrounding natural features and existing development, and other distinctive features of the plan.

c.

A statement from the Walton County Water Department and the Environmental Health Department that the water supply and wastewater treatment methods and systems proposed for the development are appropriate and adequate.

d.

All applications shall be accompanied by six (6) copies of a plan drawn to a designated scale of not less than one (1) inch equals one hundred feet (1" = 100'), certified by a professional engineer or land surveyor licensed by the State of Georgia, presented on a sheet having a maximum size of twenty-four by thirty-six inches (24" × 36"), and one (1) eight and one-half by eleven-inch (8½" × 11") reduction of the plan. If presented on more than one (1) sheet, match lines shall clearly indicate where the several sheets join. Such plat shall contain the following information:

(1)

Boundaries of the entire property proposed to be included in the Town Center District, with bearings and distances of the perimeter property lines and indication of boundaries of each phase of development, if applicable.

(2)

Total area of the property in acres.

(3)

Scale and north arrow, with north, to the extent feasible, oriented to the top of the plat and on all supporting graphics.

(4)

Existing topography with a maximum contour interval of five (5) feet and a statement indicating whether it is an air survey or field run.

(5)

Approximate delineation of any floodplain designated by the Federal Emergency Management Agency, United States Geological Survey, or Walton County; the delineation of any jurisdictional wetlands as defined by Section 404 of the Federal Clean Water Act.

(6)

Approximate delineation of any significant historic or archaeological feature, grave, object or structure marking a place of burial if known, and a statement indicating how the proposed development will impact it.

(7)

A delineation of all existing structures and whether they will be retained or demolished.

(8)

General location of proposed housing unit types.

(9)

Approximate development density and lot sizes for each type of development.

(10)

Identification of site access points and layout, width of right-of-way and paved sections of all internal streets.

(11)

Location, width, and planting list for required transitional buffers at external site boundaries.

(12)

Boundaries of all contiguous land under control or ownership of the applicant, and the current location, size, ownership, and use of each parcel adjoining the proposed development.

(13)

At any time following approval of the conceptual plan, the applicant may file for preliminary plan approval for the Town Center District. The preliminary plan application shall include, at a minimum, the following information:

(14)

A narrative describing changes and refinements in the proposed preliminary plat, compared to the approved concept plan.

(15)

Six (6) copies of a preliminary plan drawn to a designated scale of not less than one (1) inch equals one hundred feet (1" = 100'), certified by a professional engineer or land surveyor licensed by the State of Georgia, presented on a sheet having a maximum size of twenty-four by thirty-six inches (24" × 36"), and one (1) eight and one-half by eleven-inch (8½" × 11") reduction of the plan. If presented on more than one (1) sheet, match lines shall clearly indicate where the several sheets join. Such plan shall contain the following information:

(16)

Boundaries of the property being proposed for preliminary plan approval within the Town Center District, with bearings and distances of the perimeter property lines and indication of boundaries of each phase of development, if applicable. The property can consist of all or a portion of the approved Town Center District.

(17)

Total area of the property in acres.

(18)

Scale and north arrow, with north, to the extent feasible, oriented to the top of the plat and on all supporting graphics.

(19)

Existing topography with a maximum contour interval of five (5) feet and a statement indicating whether it is an air survey or field run.

(20)

Delineation of any floodplain designated by the Federal Emergency Management Agency, United States Geological Survey, or Walton County; the delineation of any jurisdictional wetlands as defined by Section 404 of the Federal Clean Water Act.

(21)

Delineation of any significant historic or archaeological feature, grave, object or structure marking a place of burial if known, and a statement indicating how the proposed development will impact it.

(22)

Delineation of all existing structures and whether they will be retained or demolished.

(23)

Location and lot layout of proposed housing units.

(24)

Development density and lot sizes for each type of development.

(25)

Identification of site access points and layout, width of right-of-way and paved sections of all internal streets.

(26)

Limits of clearing, existing vegetation, and any proposed landscaping and screening, including existing vegetation to be preserved.

(27)

Number of parking spaces required and number provided, with layout of parking areas and landscaping.

(28)

Design of all public improvements.

(29)

Preliminary drainage plan with approximate location and size of proposed storm water management facilities and a statement as to the type of facility proposed.

(30)

Location, width, and planting list for required transitional buffers at external site boundaries.

(31)

Designation of minimum lot areas and yards that will be provided on lots adjacent to the external site boundaries of the development.

(32)

Areas to be held in joint ownership, common ownership or control.

(33)

Location of proposed trails, recreation areas, parks, schools, libraries, churches, and other public or community uses, facilities, or structures on the site.

(34)

Location of sidewalks and bicycle facilities.

(35)

Indication that the property is served by public water and public sewer with conceptual layout of utilities and location of all existing or proposed utility easements having a width of twenty-five (25) feet or more.

(36)

Seal and signature of professional preparing the plat.

(37)

Erosion and sedimentation control plans, tree protection plans and other site engineering required by Article 8 of this Ordinance.

O.

Approval Process

1.

Following receipt of a complete application and fee, the Department shall prepare the proper advertisement and notice for a public hearing of the Planning Commission and Board of Commissioners to consider whether to approve the proposed Town Center District development. The approval process shall comply with the provisions of Article 4, Part 4-4 of this Ordinance.

2.

Approval by the Board of Commissioners of the concept plan for the Town Center District shall constitute approval of the district, including the district boundaries and the proposed uses, including densities and general arrangement of proposed uses.

3.

Approval by the Board of Commissioners of a preliminary plan for a Town Center shall constitute approval of a preliminary plat as provided in Article 8 of this Ordinance following submission and staff review and approval of other plans and studies required for preliminary plat approval and certification.

4.

Final Site Plan and Plat — Prior to issuance of any building permit within any Town Center District, a final plat shall be submitted to and reviewed by the Director for consistency with the preliminary plat as provided in Article 8 of this Ordinance.

5.

Variances and Conditions of Rezoning Town Center District Approval — In enacting an ordinance designating a parcel of land as a Town Center District, the Board of Commissioners may enact a plan which provides for variances and conditions of rezoning for an approval generally applicable in this district. After approval of any such Town Center concept or preliminary plan by the Board of Commissioners, no action is required by the Board of Appeals with respect to such variances or conditions of rezoning approved by the Board of Commissioners.

6.

Recording of Final Plat by Director — After final approval of a final plat for a development in the Town Center District by the Department, said plat should be recorded with the Office of the Clerk of Superior Court of Walton County.

P.

Modification Of Town Center Development Plan

The Department is authorized to approve minor changes in any such plan previously submitted as an application, or previously recommended for approval by the Planning Commission, or previously approved by the Board of Commissioners, subject to the limitations in this Section.

1.

Minor modifications to a preliminary plan for a development within the Town Center District may include, but are not limited to minor shifting of the location of streets, public or private ways, utility easements, parks, or other public open spaces, or other incidental features of the plan, provided that such changes meet all of the following:

a.

Do not increase densities,

b.

Do not change the outside boundaries of the development tract,

c.

Do not affect the form of ownership, control or maintenance of common areas.

2.

Major Modification

Any modification of an approved preliminary plan for a Town Center requested by an applicant that does not qualify, as a minor modification shall be a major modification.

Major modifications in an application for a development within the Town Center District shall constitute a new application and shall require re-advertisement of public hearing dates and re-hearing, if applicable. If substantial additional effort and re-study are required, the Department shall require the applicant to pay an additional fee commensurate with a new application. Major modifications requested by the applicant/developer after approval of the Board of Commissioners require that the application or approved plan shall be treated as a new application.

A.

Purpose and Intent

The Mixed Use Business Park District (MUBP) is intended to provide large tracts of land suitable for the planned development of a mixed-use business park that provides new jobs and increases the tax base. It shall provide an attractive environment well suited to manufacturing, research, development, professional offices, laboratories, biomedical, pharmaceuticals, data centers, and related commercial, warehousing, and industrial uses. Other types of heavy industrial uses that would be objectionable by reasons of dust, odor, air pollution, water pollution, and noise are not permitted.

The Mixed Use Business Park district is permitted under the following conditions:

1.

It is a part of a large-scale development of one hundred (100) acres or more,

2.

It is developed under a single, unified entity providing control of property development,

3.

It contains a mixture of uses, and

4.

It provides adequate infrastructure for current and future transportation, water resource management and community services.

B.

Principal Uses and Structures

Principal uses and structures shall be allowed in the MUBP Mixed Use Business Park District in accordance with Article 5, Part 5-1 of this Ordinance.

C.

Accessory Uses and Structures

Accessory uses and structures shall be permitted in the Mixed Use Business Park District in conformity with Article 5, Part 5-2 of this Ordinance with the exception of storage, sales and distribution which may be permitted as accessory uses related to the principal uses allowed in the Mixed Use Business Park District.

D.

Conditional Uses

Conditional uses shall be permitted in conformity with the table in Article 5, Part 5-1.

1.

Certain authorized, accessory or conditional uses must meet certain standards peculiar to the use as provided in Article 6 of this Ordinance.

2.

Conditional uses shall be approved in accordance with Article 4, Part 4-4 of this Ordinance.

E.

Property Development Standards

1.

Density

a.

Average density shall not exceed ten thousand (10,000) square feet of gross building area per gross acre of the entire property.

b.

Maximum density of any lot shall not exceed twenty thousand (20,000) square feet of gross building area per gross acre of the site.

2.

Minimum Lot Frontage: fifty (50) feet on a public street

3.

Minimum Building Setback Requirements

a.

Front: fifteen (15) feet

b.

Side: ten (10) feet from property line, but no less than twenty (20) feet shall separate between buildings that are over thirty-five (35) feet in height.

c.

Rear: twenty-five (25) feet

4.

Impervious Surface

a.

The maximum impervious surface is seventy-five percent (75%) of the lot.

b.

The average impervious surface of the entire district shall not exceed fifty percent (50%). This requirement shall apply to the Mixed Use Business Park as a whole, and shall not be construed to individual phases.

5.

Maximum Height of Buildings: seventy-five (75) feet or five (5) stories, whichever is greater.

6.

Parking Requirements:

a.

Off-street parking and loading space shall be provided to county standards in Article 7 of this Ordinance with the following exceptions:

7.

Streets and Rights-of-Way

All streets shall be dedicated public streets, except as may be permitted in a District, and shall conform to Walton County standards, with exceptions described below.

a.

Streets that are not state or federal highways shall be constructed with a design speed not to exceed thirty-five (35) miles per hour in commercial and industrial areas and not less than twenty-five (25) miles per hour in residential areas, except as follows:

b.

Streets primarily serving industrial, commercial, and office buildings shall provide vehicle travel lanes not to exceed twelve (12) feet in width, including curb and gutter, but not including on-street parking and bicycle lanes.

c.

Streets primarily serving residential buildings shall provide vehicle travel lanes not to exceed eleven (11) feet in width, including curb and gutter, but not including on-street parking and bicycle lanes.

d.

Intersection radii shall not be greater than thirty-five (35) feet.

e.

Streets containing four (4) or more travel lanes shall provide landscaped medians of at least fourteen (14) feet in width.

d.

All intersections shall provide pedestrian crosswalks.

e.

Where intersections are signalized, they shall provide signal phases and indicators for pedestrians in accordance with the Manual of Uniform Traffic Control Devices.

f.

Landscape plans shall be prepared as a component of the final engineering plans for each public street. Street trees shall be permitted in accordance with approved landscape plans.

g.

Right-of-way widths shall generally be in accordance with Walton County standards and shall provide adequate space for shoulders on both sides of travel lanes containing a minimum of ten (10) feet measured from the outside edge of pavement for the placement of underground utilities, sidewalks, bike lanes, and landscaping as required by the approved site development plans of the applicable districts.

h.

Alternative right-of-way widths and shoulder widths shall be permitted in a District in accordance with approved preliminary plans.

8.

Sidewalks

a.

Sidewalks shall provide safe, continuous pathways for pedestrians.

b.

Sidewalks shall be located on one side of all public streets.

9.

Landscape Strips Adjacent to Public Rights-of-Way

a.

Landscape strips not less than five (5) feet in width shall be provided on both sides of all public streets. The landscape strip shall be planted with row of native trees of two-inch minimum caliper planted not less than forty (40) feet on center.

b.

No street tree shall be planted closer than two (2) feet from the street or sidewalk, and no closer than five (5) feet from a fire hydrant, signpost, streetlight standard, utility pole, or similar structure. No street tree shall be placed closer than ten (10) feet from the face of a building or the edge of a driveway.

c.

When the landscape strip is between the street and a parking lot, it shall be increased in width to at least ten (10) feet, and in addition to street trees, it shall provide screening of that portion of the parking lot immediately adjacent to the street. This can be accomplished through use of a raised berm, evergreen hedge, or through other means approved by the Department.

10.

Utilities

a.

All utilities shall be placed underground except for major electric transmission lines and sub-stations.

b.

Public water and public sewer service shall be provided for all occupied buildings required to provide toilets.

c.

Streetlights shall be provided along all public streets.

11.

Signage

a.

Signs for the approved development and for individual establishments used for commercial, office, institutional and other non-residential uses shall be permitted in accordance with the Walton County Sign Ordinance.

b.

The entity providing unified control of the development of the Mixed Use Business Park shall have the right to develop an alternative sign program for the property with standards that meet or exceed the requirements of the Walton County Sign Ordinance. Upon approval of the Board of Commissioners, all project signage shall be permitted only in accordance with the approved alternative signage program.

c.

Off-premises signs are prohibited.

A.

Purpose and Intent

The Stanton Springs Business Park District is intended to provide large tracts of land suitable for the planned development of a mixed-use business park that provides new jobs and increases the tax base. It shall provide an attractive environment well suited to manufacturing, research, development, professional offices, laboratories, biomedical, pharmaceuticals, data centers, and related commercial, warehousing, and industrial uses. Other types of heavy industrial that would be objectionable by reasons of producing noxious dust, odor, air pollution, water pollution, and noise are not permitted.

The Stanton Springs Business Park District is permitted under the following conditions:

1.

It is a part of a large-scale development of one thousand (1,000) acres or more located in at least two (2) contiguous counties;

2.

It is developed under a single, unified entity providing control of property development;

3.

It contains a mixture of uses;

4.

It provides adequate infrastructure for current and future transportation, water resource management and community services.

5.

Others designated from time to time by the Board of Commissioners.

B.

General Requirements (All Tiers)

Tier Planning & Map: The Stanton Springs Business Park District is divided into two (2) individual tiers which represent the different variations in use within the Stanton Springs Business Park District. Tier 1 governs property development within the existing parkway (known as Shire Pkwy) and concentrates primarily on clean industry. Tier 2 governs the land outside the parkway that abuts U.S. Hwy 278 promoting high quality and commercial highway oriented development near I-20 by permitting greater flexibility to create a corridor of similar as well as supporting retail and hospitality uses for the Stanton Springs Business Park.

C.

Principal Uses and Structures

1.

Principal uses and structures allowed in the Stanton Springs Business Park District shall include:

a.

Offices;

b.

Research and product development facilities;

c.

Light manufacturing facilities, including light assembly and fabrication;

d.

Warehouse and distribution facilities; and

e.

Other uses allowed in the Use Tables below.

2.

Application of this table shall be in accordance with the following codes;

a.

P — Permitted use

b.

A — Authorized as an accessory commercial use

c.

C — Authorized as a conditional use subject to application procedures

3.

Uses that are not specifically authorized as a principal, accessory, or conditional use in the Tier 1 Use Table below are prohibited, and may only be authorized if similar to an authorized use listed below and granted by written interpretation of the Director of Development Services.

4.

Uses that are not specifically authorized as a principal, accessory, or conditional use in the Tier 2 Use Table below are prohibited, and may only be authorized if similar to an authorized use listed below and granted by written interpretation of the Director of Planning and Development.

5.

Prohibited Uses

Except as otherwise noted herein, non-residential development may occur based on the Tier district. Use categories shall be determined based on the Use Table contained in Tier 1 and Tier 2 above and shall follow the requirements of the Use Tables.

The following uses are prohibited:

a.

Adult bookstore or adult entertainment;

b.

Auto recovery;

c.

Boarding/breeding kennels;

d.

Campground, Recreational Vehicle Park, private;

e.

Cemeteries or Mausoleums;

f.

Community fair;

g.

Distillation of bones;

h.

Dumping, disposal, incineration or reduction of garbage;

i.

Fat rendering;

j.

Flea market;

k.

Funeral Home;

l.

Growing or sale of marijuana;

m.

Hazardous waste or solid waste landfills;

n.

Jail, penal, detention or correction farms;

o.

Junk or Salvage Yard;

p.

Labor Camp;

q.

Manufactured home sales, rental, repair;

r.

Mini-warehouse;

s.

Night club, bar or lounge;

t.

Noncommercial club or lodge;

u.

Pawn Shop;

v.

Pay day, title loans, check cashing;

w.

Privately operated sanitary landfill, sewage or treatment plant (excluding on-site pretreatment facilities);

x.

Refining of Petroleum or of its products;

y.

Sanatorium, convalescent, rest or retirement home;

z.

Smelting of iron, tin, zinc or other ores;

aa.

Solid waste transfer station;

bb.

Stockyard or slaughter of animals;

cc.

Storage Yard, Lumber;

dd.

Temporary or portable sawmill;

ee.

Truck stop, parking, dispatch.

D.

Accessory Uses and Structures

Accessory uses and structures typically found to support the principal uses and structures shall be permitted in the Stanton Springs Business Park District.

E.

Conditional Uses

Conditional uses shall be permitted in the Stanton Springs Business Park District in accordance with the Use Table subject to the procedures of the Issuing Authority

F.

Standards of Development

1.

Minimum Lot Frontage: Fifty (50) feet onto a County or State approved street

2.

Minimum Building Setback Requirements

a.

Front: Fifty (50) feet

b.

Side: Twenty (20) feet from property line

c.

Rear: Twenty (20) feet

3.

Impervious Surface

a.

The maximum impervious surface shall be seventy-five percent (75%)

4.

Maximum Height of Buildings: Seventy-five (75) feet

5.

Buffer Requirements

Where property in this district abuts residential property, it shall provide transitional buffers no less than one hundred (100) feet.

6.

Parking Requirements

Off-street parking and loading space shall be provided as outlined:

The total number of parking spaces may be reduced as approved by the Director of Planning and Development upon written request by the applicant. The applicant must provide a parking study or other justification for the requested reduction.

7.

Streets and Rights-of-Way

a.

All streets shall be dedicated public streets, except as may be permitted in an Overlay District or Tier 2, and shall conform to standards of Issuing Authority regulations.

b.

Streets that are not state or federal highways shall be constructed with a design speed not to exceed thirty-five (35) miles per hour in commercial and industrial areas and twenty-five (25) miles per hour in residential areas, except as follows:

(1)

Streets primarily serving industrial, commercial, and office buildings shall provide vehicle travel lanes not to exceed twelve (12) feet in width, not including on-street parking and bicycle lanes.

(2)

Intersection radii shall not be greater than thirty-five (35) feet.

(3)

Streets containing four (4) or more travel lanes shall provide landscape medians of at least fourteen (14) feet in width.

(4)

All intersections shall provide pedestrian crosswalks.

(5)

Where intersections are signalized, they shall provide signal phases and indicators for pedestrians in accordance with the Manual of Uniform Traffic Control Devices.

c.

Landscape plans shall be prepared as a component of the final engineering plans for each public street. Street trees shall be permitted in accordance with approved landscape plans.

d.

Right-of-way widths shall generally be in accordance with standards of Issuing Authority and shall provide adequate space for:

(1)

Shoulders on both sides of travel lanes containing a minimum of ten (10) feet measured from the outside edge of pavement for the placement of underground utilities, sidewalks, bike lanes, and landscaping as required by the approved site development plans of the applicable overlay districts.

(2)

Alternative right-of-way widths and shoulder widths shall be permitted in an Overlay District in accordance with approved preliminary plans.

8.

Deceleration

a.

A deceleration lane shall be installed at all entrance roads into a commercial or industrial development.

b.

Deceleration lane length is measured two hundred (200) feet from intersection centerline to beginning of taper. Tapers are fifty (50) feet.

An exception to this requirement may be approved by the Director of Planning and Development based on the results of a traffic study that demonstrates that a deceleration lane is not required due to the specific conditions and level of service of the County road.

9.

The Director of Planning and Development may require a traffic study to determine if the project's size warrants a center turn lane, longer deceleration lane, an acceleration lane or other improvements. If the traffic study determines that further steps should be taken to protect the traveling public, the additional requirements will be imposed by the Director of Planning and Development.

10.

Sidewalks

a.

Sidewalks shall provide safe, continuous pathways for pedestrians.

b.

Continuous and connected sidewalks shall be located on all public streets.

11.

Landscape Strips Adjacent to Public Rights-of-Way

a.

All unimproved areas, unless to the rear of a lot either for future expansion or part of a natural area, shall be landscaped with a combination of deciduous canopy trees, shrubbery and ground cover At least one (1) tree at least six (6) feet in height for each fifty (50) feet of street frontage shall be planted in the setback area. All off-street parking areas that serve twenty (20) vehicles or more shall be provided with landscape areas totaling not less than five percent (5%) of the surfaced area. Landscaped earth berms are required to block direct view of storage areas, the side yard trucking doors and trucking courts and as a part of the overall landscaping plan.

b.

All landscaping shall be completed when the final Certificate of Occupancy is issued. In the event this is not feasible, landscaping shall commence at and be completed within the next growing season.

12.

Utilities

a.

All utilities shall be placed underground except for major electric transmission lines and sub-stations.

b.

Public water and public sewer service shall be provided for all occupied buildings required to provide toilets.

c.

Streetlights shall be provided along all public streets.

13.

Signage

a.

Signs shall be incorporated into the landscape plan. Maximum overall size shall not exceed five (5) feet in height or fifty (50) square feet in area for one side.

b.

Sign locations shall be governed by setback requirements.

c.

Signs will be ground mounted signage structures of complimentary building materials (brick or concrete marquee), no higher than six (6) feet in height and twenty (20) feet in length, on which signage can be mounted, landscaped and ground mounted illumination of signage.

d.

No flashing, flickering or blinking illumination shall be permitted in any sign.

e.

No animated or moving light forms of illumination will be permitted on any sign.

f.

All signs shall be fabricated and installed in compliance with all applicable building and electrical codes.

g.

All signs shall otherwise comply with the requirements of the applicable zoning regulations without variance unless approved by the Joint Development Authority.

14.

Building Standards

a.

Building Materials

(1)

Exterior walls for all new buildings shall consist of durable, permanent architectural materials that are compatible with park-like standards. The front façade and street side facades shall incorporate one or a combination of the following durable materials: brick; tile; stone with weathered, polished or fluted face; textured cement stucco; architectural concrete masonry with fluted, split-face, or broke-face finish; Portland cement plaster and lath systems; architectural (either pre-cast or tilt-up) concrete either fluted or with exposed aggregate finish or glass. Front façade materials shall be continued for not less than twenty (20) feet on each side from the front surface. Unfaced concrete block, structural concrete, corrugated metal and the like shall not be permitted. Pole buildings or similar structures will not be permitted.

All building exteriors which face a public street shall have consistent architectural features, building materials, and rooflines as the front. Elevations of all four (4) sides of the building shall be part of the building permit application.

The sides and rear of all buildings shall be finished in keeping with the accepted standards used for first-class industrial development.

(2)

For gas stations support pillars for pump station canopies shall be covered with similar durable materials as required by subsection a. The sides of the pump island canopy shall reflect the color and building materials of the primary building. Pump island canopy lighting fixtures shall be completely recessed into the canopy and shall be shielded such that the lamp source is not visible and glare is not created. No lighting shall be permissible on top or on the side of the pump island canopy.

b.

Building Roofs: Building roofs shall be white or earth-tone color, if architectural in function/design and visible from street view.

c.

HVAC and Miscellaneous Equipment: If visible from a road parcel or any public road, cooling towers, rooftop and ground mounted mechanical and electrical units and other miscellaneous equipment shall either be integrated into the design of the building or screened from public view (landscaping screening is permitted).

d.

Refuse areas and receptacles shall be placed in an accessible location in the corner farthest from any public streets and shall be enclosed on three (3) sides with decorative masonry walls. The fourth side shall be a self-closing opaque gate made from non-combustible materials. The walls and gate shall be a minimum of twelve (12) inches higher than the receptacle

NOTICE TO JOINT DEVELOPMENT AUTHORITY OF JASPER COUNTY, MORGAN COUNTY, NEWTON COUNTY AND WALTON COUNTY

Within three (3) days of receipt of an application relating to zoning, use or building activities in Stanton Springs, the County shall provide a copy of any such application to the Authority by mailing a copy to the address so designated by the Authority and kept on file at the County. The JDA may provide comments and recommendations in writing to the Planning Director. If the application is for a re-zoning or conditional use permit, the Authority's comments shall be provided at or prior to the Planning Commission meeting. If the application is for a building permit or other permit which does not require a public hearing, the Authority's comments must be provided within ten (10) days of receipt of a copy of the application.

A.

Purpose and Intent

The M1 Industrial District is composed primarily of wholesale warehousing, trade shops, and light manufacturing uses, usually located on or near existing community facilities and transportation corridors. The intent of this district is to establish areas of industrial use which would be less objectionable by reasons of dust, odor, noise, traffic safety or congestion, than those of the M2 Heavy Industrial District. Such uses should be encouraged to locate adjacent to existing similar uses in accordance with policies outlined in the Walton County Comprehensive Land Use Plan. Provisions are made for individual development under the following conditions:

1.

Such proposed use is consistent with goals and policies of the Walton County Comprehensive Land Use Plan,

2.

Such proposed use will not substantially affect or alter nearby property values; and

3.

The site plan for such use provides for adequate ingress and egress of vehicular traffic and will not cause health, safety or unreasonable traffic safety or congestion problems in the area.

B.

Principal Uses and Structures

Principal uses and structures shall be allowed in the M1 Light Industrial District in accordance with Article 5, Part 5-1 of this Ordinance.

C.

Accessory Uses and Structures

Accessory uses and structures shall be permitted in the M1 Light Industrial District in accordance with Article 5, Part 5-2 of this Ordinance.

D.

Conditional Uses

Conditional uses shall be permitted in the M1 Light Industrial District in accordance with Article 5, Part 5-2 of this Ordinance. Conditional uses shall be subject to the additional use standards established in Article 6 of this Ordinance.

E.

Property Development Standards

1.

Minimum lot frontage: The minimum lot frontage shall be one hundred (100) feet.

2.

Minimum Setback Requirements.

a.

Front: Sixty (60) feet when located along streets which function as arterial and collector streets. Fifty (50) feet along all other streets.

b.

Side: Fifteen (15) feet.

c.

Rear: Forty (40) feet.

3.

Minimum lot area fifteen thousand (15,000) square feet where both public water and public sewer are available. Other situations require twenty-five thousand five hundred (25,500) square feet and depend on approval of the Health Department.

4.

Minimum Floor Area: The minimum floor area of any use shall be four hundred (400) square feet.

5.

Maximum Impervious Surface: The maximum impervious surface is seventy-five percent (75%) of the lot.

6.

Maximum Height of Buildings: The maximum height of buildings shall be seventy-five (75) feet.

7.

Parking Requirements: Off-street parking and loading space shall be provided in accordance with Article 7 of this Ordinance.

8.

Buffer: Where abutting any residential or agricultural district, a buffer is required in conformance with Article 12 of the Ordinance.

(4-6-2010)

A.

Purpose and Intent

The M2 Heavy Industrial District is primarily composed of heavy or intense industrial uses. Such uses should be as isolated as possible from major residential areas, but shall be served by public facilities such as water and sewer, and located on major transportation corridors. Since this district provides the least protection from the encroachment of undesirable uses, such uses shall be located in existing or planned industrial parks, until such areas are filled, or until the need for additional areas is evident. A transition in land uses should be employed where possible between this district and other less intensive areas, particularly residential and agricultural districts.

B.

Principal Uses and Structures

Principal uses and structures shall be allowed in the M2 Heavy Industrial District in accordance with Article 5, Part 5-1 of this Ordinance.

C.

Accessory Uses and Structures

Accessory uses and structures shall be permitted in the M2 Heavy Industrial District in accordance with Article 5, Part 5-2 of this Ordinance.

D.

Conditional Uses

Conditional uses shall be permitted in the M2 Heavy Industrial District in accordance with Article 5, Part 5-1 of this Ordinance. Conditional uses shall be subject to the additional use standards established in Article 6 of this Ordinance.

E.

Property Development Standards

1.

Minimum lot frontage: The minimum lot frontage shall be one hundred (100) feet.

2.

Minimum Setback Requirements:

a.

Front: One hundred (100) feet when located along streets which function as arterial and collector streets. Fifty (50) feet along all other streets.

b.

Side: Twenty-five (25) feet.

c.

Rear: Fifty (50) feet.

3.

Minimum lot area fifteen thousand (15,000) square feet where both public water and public sewer are available. Other situations require twenty-five thousand five hundred (25,500) square feet and depend on approval of the Health Department.

4.

Minimum Floor Area: The minimum floor area of any use shall be four hundred (400) square feet.

5.

Maximum Impervious Surface: The maximum impervious surface is seventy-five percent (75%) of the lot.

6.

Maximum Height of Buildings: The maximum height of buildings shall be seventy-five (75) feet.

7.

Parking Requirements: Off-street parking and loading space shall be provided in accordance with Article 7 of this Ordinance.

8.

Buffer: Where abutting any residential or agricultural district, a buffer is required in conformance with Article 12.

(4-6-2010)

A.

Any developed property which has been de-annexed from any municipality or other county will be subject to the nearest compatible zoning district in which that use is permitted.

However, if a compatible zoning cannot be determined or at the direction of the Board of Commissioners, the property shall be zoned to A1 until a public hearing can be held, as specified in Article 4, Part 4, to establish the appropriate zoning classification for the property.

B.

Any undeveloped property that has been de-annexed from any municipality or other county shall be zoned A1.

C.

Any nonconforming use may continue to operate for a period not to exceed five (5) years from the date of de-annexation.

(Ord. No. OA24060019-12, 11-5-2024)

Editor's note— Ord. No. OA24060019-12, adopted Nov. 5, 2024, added provisions to the Code, but did not specify manner of inclusion. Therefore, at the discretion of the editor, said provisions have been included as § 4-1-270 herein.

A.

Overlay Zoning Districts are supplemental to the base zoning district classifications established in Part 4-1, above. All development and building permits for a lot located in any Overlay Zoning District shall meet all of the requirements of the base zoning district in which it is located and in addition shall meet all of the requirements of the overlay district applicable to said lot.

B.

Where there is a conflict between the standards and requirements of the Overlay District and the Base District, the standards and requirements of the Overlay District shall govern.

The boundaries of certain Overlay Zoning Districts shall be determined by physiological and hydrological boundaries as described within the district descriptions and standards, such as the Flood Plain District and Watershed Protection Overlay Districts. The other Districts shall be "floating zones" that are determined on a case-by-case basis upon approval of the application by the Board of Commissioners.

(9-7-2004; 5-2-2006)

A.

Purpose and Intent

The purpose of the 2400 Residential Overlay District is to authorize, subject to certain standards, the development of residential subdivisions that require larger houses. This overlay-zoning district is only available in the A1, A2 and R1 districts.

B.

Principal Uses and Structures

Single-family detached residential dwellings permitted under the A1, A2 and R1 zoning districts.

C.

Accessory Uses and Structures

Accessory uses and structures shall be provided in accordance with Article 5, Part 5-2 of this Ordinance.

D.

Conditional Uses

Conditional uses as permitted under the A1, A2 and R1 zoning districts.

E.

Minimum Development Standards

1.

Land area for the development shall be a minimum of ten (10) acres.

2.

Minimum lot size shall be twenty-five thousand five hundred (25,500) square feet for lots served by septic systems and depend upon approval of the Health Department. Density for lots serviced by septic systems shall be:

a.

In the A1 district, the density shall not exceed one (1) unit per two (2.0) acres.

b.

In the A2 district, the density shall not exceed one (1) unit per one and one-half (1.5) acres.

c.

In the R1 district, the density shall not exceed one (1) unit per one (1.0) acre.

3.

Density for lots serviced by public sewer systems shall be:

a.

In the A1 district, the density shall not exceed one (1) unit per one (1.0) acre.

b.

In the A2 district, the density shall not exceed one (1) unit per three-quarter (¾) acre.

c.

In the R1 district, the density shall not exceed one (1) unit per one-half (½) acre.

4.

All lots shall have access to interior streets only.

5.

A 50-foot non-buildable buffer is required along the road frontage of existing streets to screen homes from the existing public road.

6.

Minimum development standards for residential lots.

a.

Minimum frontage shall be not less than one hundred, twenty five (125) feet, except lots located entirely on a turnaround area at the end of a cul-de-sac shall have a minimum of forty (40) feet of street frontage. The width of the lot shall be at least one hundred (100) feet. Except cul-de-sac lots shall have a lot width of fifty (50) feet at the required building setback.

b.

Front yard: Forty (40) feet on interior streets.

c.

Side yard: Ten (10) feet.

d.

Rear yard: Forty (40) feet.

e.

Minimum house size shall be two thousand four hundred (2,400) square feet.

7.

Streets shall be in accordance with Section 9, Requirements for New Streets and Roadways.

8.

Street Trees shall be prohibited within any rights-of-way to be dedicated to Walton County.

(5-2-2006; 10-2-2018; Ord. No. OA24060019-20, 11-5-2024)

A.

Types of OSC Developments

The following types of Open Space Conservation (OSC) Developments are authorized as overlay districts in A1, A2 or R1 districts only by these regulations. They shall contain no less than five (5) lots with minimum land area for the district as follows:

1.

Without shopping facilities: Ten (10) acres.

2.

With shopping facilities: One hundred (100) acres.

B.

General Design Standards

1.

The streets shall be designed and located in such a manner as to maintain and preserve natural topography to minimum cut and fill. The Director shall approve street grade.

2.

A one hundred-foot non-buildable buffer is required along the road frontage of existing streets to screen homes from the existing public road. A fifty-foot buffer is required around the perimeter except where property abuts a residential subdivision in the A1, A2 and R1 zoning districts. Within these buffers, the natural topography of the land shall be preserved, and existing growth shall not be disturbed except where necessary to remove dead or diseased trees and undergrowth; to enhance the buffer with additional landscaping; to prevent or control erosion; or for septic repair and/or drain lines or utility encroachments. If grading is required in the buffer area, a site plan providing details of disturbance and re-establishment of the buffer shall be provided and approved by the Department.

Developers are encouraged to provide an open space strip of at least twenty (20) feet along the entire perimeter of the development.

3.

Developments of seventy-five (75) lots or more will be required to provide amenities such as a clubhouse, pickle balls courts, walking trails etc.

4.

Density:

For lots serviced by septic:

a.

In A1 districts the density shall not exceed one (1) unit per two (2) acres. The minimum lot size shall be twenty-five thousand five hundred (25,500) square feet and depend upon approval of the Health Department.

b.

In A2 districts the density shall not exceed one (1) unit per one and one-half (1.5) acres. The minimum lot size shall be twenty-five thousand five hundred (25,500) square feet and depend upon approval of the Health Department.

c.

In R1 districts the density shall not exceed one (1) unit per one (1) acre. The minimum lot size shall be twenty-five thousand five hundred (25,500) square feet and depend upon approval of the Health Department.

For lots serviced by Public Sewer:

a.

In A1 districts the density shall not exceed one (1) unit per one (1) acre. The minimum lot size shall be fifteen thousand (15,000) square feet.

b.

In A2 districts the density shall not exceed one (1) unit per three-quarter (¾) acre. The minimum lot size shall be fifteen thousand (15,000) square feet.

c.

In R1 districts the density shall not exceed one (1) unit per one-half (½) acre. The minimum lot size shall be fifteen thousand (15,000) square feet.

5.

Land Uses

a.

Within the OSC Development without shopping facilities, the following percentages of the total land area shall be devoted to the specific uses:

(1)

A maximum of seventy-five percent (75%) for residential use which shall include streets, parking areas, private open space, courts, and sidewalks, which abut and primarily service residences or groups of residences, but shall not include the usable open space.

(2)

A minimum of twenty-five percent (25%) for open space in accordance with Paragraph 8 of this Section.

b.

Within the OSC development overlay with shopping facilities, the following percentage of the total land area shall be devoted to the specific uses:

(1)

A maximum of sixty percent (60%) for residential uses which shall include streets, parking areas, private open space, courts, and sidewalks which abut and primarily service residences or groups of residences, but shall not include the usable open space.

(2)

A maximum of fifteen percent (15%) for commercial use which shall include streets and parking areas which primarily service commercial establishments within the development but shall not include usable open space.

(3)

A minimum of twenty-five percent (25%) for open space in accordance with Paragraph 8 of this Section.

6.

Minimum Development Standards For Residential Lots

a.

Minimum frontage shall be not less than one hundred (100) feet, except lots located entirely on a turnaround area at the end of a cul-de-sac shall have a minimum of forty (40) feet of street frontage. The width of the lot shall be at least one hundred (100) feet. Except cul-de-sac lots shall have a lot width of fifty (50) feet at the required building setback.

b.

Front yard: Forty (40) feet.

c.

Side yard: Ten (10) feet.

d.

Rear yard: ;hg;Forty (40) feet for interior lots.
Fifty (50) feet for perimeter lots.

e.

Minimum house size shall be one thousand eight hundred (1,800) square feet.

f.

The front, side and rear setback lines shall be shown on the Preliminary and Final Plat.

g.

Setback areas: All structures shall be located a minimum of fifty (50) feet from adjacent tracts not located in the development.

h.

Accessory buildings shall be provided in accordance with Article 5, Part 5-2 of this Ordinance.

i.

Street Trees shall be prohibited within any rights-of-way to be dedicated to Walton County.

7.

Requirements of Commercial Lots

a.

Area requirements for retail sales and services: If a retail sales and service area is provided, a maximum of four thousand eight hundred (4,800) square feet of floor space for retail sales and services is permitted for each one hundred (100) dwelling units. For the purpose of serving primarily those people living within the development, there shall not be less than four (4) square feet of commercial lot area for each one (1) square foot of permitted retail sales and service floor area.

b.

Structures for retail sales and services: Retail sales and services shall be conducted entirely within a wholly and permanently enclosed building or buildings. Signage shall be provided in accordance with Article 5, Part 5-1 of this Ordinance.

c.

Relation to residentially zoned or developed property lying outside the OSC Development: The sides, rear or front of a lot developed for retail sales and services shall be a minimum of three hundred (300) feet from property lying outside the OSC Development that is developed or zoned for single-family dwellings.

d.

The off-street parking and loading and unloading requirements shall be provided in accordance with Article 7 of this Ordinance.

e.

Permitted uses shall be in accordance with Article 5 of this Ordinance.

8.

Open Space

a.

Required open space: It is the intent of these regulations that open space not be subdivided not divided and comprised of contiguous lands. Land so designated as open space shall be in a location and configuration that relates to the ultimate purpose of the open space (i.e., outdoor recreation, landscape protection, habitat protection, etc.). Development should be designed around these natural features.

b.

Not less than twenty-five percent (25%) of the total area of the tract of land to be developed, as an OSC Development shall be dedicated as open space.

c.

Fifty percent (50%) of the required open space shall contain or provide minimum thirty (30) tree density units per acre, as defined [by] Section 12-2-100.

9.

Rights-of-way for streets shall be excluded from land considered for open space.

10.

If the development is to be built in phases, one hundred percent (100%) of the open space of the entire development must be shown on Phase 1.

11.

Maintenance and protection of open space held in common:

Each applicant shall present as a part of the application for the development of an Open Space Conservation zoning overlay, a legal mechanism under which all land to be held in common are used for open space purposes shall be protected in perpetuity. Such legal mechanism may include deed restrictions or homeowners associations, which shall be approved by the Department as assuring each of the following mandatory requirements:

a.

That all land held in common shall remain undivided and shall not be subdivided or developed in perpetuity;

b.

That all subsequent property owners in perpetuity within said Open Space Conservation Overlay District are placed on notice of this development restriction through the deed records of Walton County Superior Court;

c.

That all land held in common will be properly maintained and insured with no liability or maintenance responsibilities accruing to the County,

d.

That a legal mechanism exists for notice of deficiencies in maintenance of the land held in common, correction of these deficiencies, properties for the cost of the correction of these deficiencies by a third party or the County,

e.

That the legal mechanism be created and implemented prior to the sale of any individual properties within the Open Space Conservation Overlay District; and

f.

That all requirements of the legal mechanism chosen by the applicant and approved by the Department shall be specified on the final plan and recorded with the Clerk of Superior Court of Walton County.

12.

When an applicant for an Open Space Conservation Overlay District chooses to utilize a homeowners association in order to comply with the requirements of Subsection 11 above, the applicant, in addition to meeting all of said requirements, shall provide for all of the following:

a.

Mandatory and automatic membership in the homeowners association as a requirement of dwelling unit ownership;

b.

All owners shall have equal access and right of use to all common and shared facilities;

c.

A fair and uniform method of assessment for dues, maintenance and related costs;

d.

Where appropriate, party wall maintenance and restoration in the event of damage or destruction;

e.

Perpetual and continued maintenance of land held in common and liability through the use of liens or other means in the case of default; and

f.

That all required covenants, declarations and restrictions shall be filed with the Clerk of the Superior Court of Walton County.

C.

Required Improvements

1.

Water supply: Each dwelling unit shall be connected to a municipal water system.

2.

Utilities: All utilities within the subdivision shall be underground.

3.

Street lighting: All streets within the subdivision shall be lighted in accordance with Article 10, Part 10-3 of this Ordinance.

4.

Sidewalks: Sidewalks shall be installed on both sides of all streets.

5.

Streets: Streets shall be in accordance with Article 9 of this Ordinance.

D.

OSC Plan Approval

An overall concept plan for a proposed OSC Development shall be approved following the requirements provided in Article 4, Part 4-4 of this Ordinance.

"Pursuant to the Comprehensive Land Development Ordinance of Walton County, Georgia, all the requirements of OSC Concept Plan Approval having been fulfilled, the OSC Concept Plan has been approved. The final plat must be recorded or a development permit must be issued within 6 months of the approval of the OSC Concept Plan or the approval will expire and be null and void."

E.

Conditional Uses

Conditional uses that are permitted with a conditional use permit in the OSC District are the same as those permitted in the R1 Zoning District listed in Article 4 of this Ordinance. Restrictions that apply to specific uses in addition to those provided in Article 5 are as follows:

1.

Utility structures and buildings, including electric and natural gas substations, telephone exchanges, radio and television stations, and similar structures for the storage of supplies, equipment or service operations are permitted as conditional uses when properly screened as approved by the Department.

(12-2-2003; 5-3-2005; 10-4-2005; 10-2-2018; 2-1-2022; Ord. No. OA24060019-3, 11-5-2024; Ord. No. OA24060019-4, 11-5-2024)

A.

Purpose and Intent

The purpose of the Greenspace Subdivision is to encourage provision of permanent open space for the preservation of natural resources, protection of the quality of the environment and the enjoyment of the citizens of Walton County as a part of developing high-quality planned residential communities. The Greenspace Subdivision Overlay District shall be permitted within the A1, A2 and R1 Districts and shall be limited to the following areas:

Lands adjacent to or related to:

The Alcovy River, Big Flat Creek, Little Flat Creek, Apalachee River, Jacks Creek, Sandy Creek, Cornish Creek, Hard Labor Creek and Beaver Dam Creek.

B.

Principal Uses and Structures

Minimum house size shall be one thousand eight hundred (1,800) square feet.

C.

Accessory Uses and Structures

As provided in the Open Space Conservation Development Overlay District.

D.

Conditional Uses

As provided in the Open Space Conservation Development Overlay District.

E.

Property Development Standards and General Design Standards

As provided in the Open Space Conservation Development Overlay District with the following exceptions:

1.

A minimum of twenty-five percent (25%) of the gross acreage of the development shall be provided as greenspace deeded to Walton County.

2.

Density granted for, and accepted into the Greenspace Program shall be compensated in equal density value on the remainder of the tract.

F.

Status of Use for Green Space

1.

It shall be illegal for anyone to trespass upon green space property until such time as a green space program has been approved.

2.

Discharging firearms, vehicular traffic, and alcoholic beverages are prohibited on green space property.

3.

All uses of green space must be approved by the Board of Commissioners. The approval process is on a case by case basis. The approval process consist of the following steps:

a.

Submit plan to Planning and Development Department for review,

b.

County Attorney review,

c.

Board of Commissioners review and approval.

4.

The developer shall be responsible for properly posting the perimeter of the green space with appropriate signage as required by the Planning and Development Department.

(10-4-2005; 3-6-2007; 3-3-2009)

A.

Purpose and Intent

The purpose and intent of the Board of Commissioners in establishing the RND Residential Neighborhood Development Overlay District is to establish a zoning district classification which promotes the public health, safety, and general welfare by permitting greater flexibility in site planning and building arrangements under a unified plan of development rather than lot-by-lot regulation, consistent with the policies and intent of the Walton County Comprehensive Plan and Land Development Ordinance and Subdivision Regulations. The RND Overlay District shall be permitted within the R1 zoning districts that are served by public water and public sewer. The Residential Neighborhood Development Overlay District is intended to encourage:

1.

A quality residential environment in close proximity to a major employment center;

2.

More diversity in residential patterns;

3.

Creativeness and innovation in land planning;

4.

Quality development of attractive and cohesive design;

5.

Respect for natural resources and environmental constraints;

6.

Conservation of open space;

7.

Provision of adequate public facilities and services; and

8.

Amenities to serve the recreational, educational, and social needs of residents in order to create a more self-sufficient community.

B.

Principal Uses and Structures

Principal uses and structures shall be allowed in the RND Residential Neighborhood Development Overlay District in accordance with Article 5 of this Ordinance.

C.

Accessory Uses and Structures

Accessory uses and structures customary in single-family residential zoning districts shall be permitted in the Residential Neighborhood Development Overlay District in conformity with the table in Article 5, Part 5-2 of this Ordinance.

D.

Conditional Uses

1.

Conditional uses shall be permitted in conformity with the table in Article 5, Part 5-1.

2.

Certain authorized, accessory or conditional uses must meet certain standards peculiar to the use as provided in Article 6 of this Ordinance.

3.

Conditional uses shall be approved in accordance with Article 4, Part 4-4 of this Ordinance.

E.

General Requirements

The Residential Neighborhood Development Overlay district shall satisfy the following requirements:

1.

Permitted flexibility and variation in design, a development that has a greater net benefit to the County than that resulting from conventional development. One or more of the following factors may demonstrate net benefit to the County:

a.

Inclusion of a variety of residential uses.

b.

Creation of a community of compact scale and design, which encourages pedestrian circulation.

c.

Creation of a design featuring amenities and accessory uses that increases the energy efficiency and self-sufficiency of the neighborhood with respect to its use of single-occupant automobiles without undermining the basic residential character of the neighborhood. Community facilities and accessory commercial uses are so located as to be readily accessible to residents of the community.

d.

Interconnected usable open space.

e.

Recreation facilities.

f.

Other public facilities.

g.

Aesthetic features and harmonious design.

h.

The proposed use would not substantially alter or adversely affect nearby property values.

i.

The site plan for the proposed use provides for adequate ingress and egress of vehicular traffic and would not create safety, health or unreasonable traffic problems in the area.

j.

There are adequate provisions for community facilities such as water, public sewer, recreation, and open space.

k.

The Residential Neighborhood Development Overlay district results in fewer burdens on present and projected public services and utilities than would result from conventional subdivision development.

2.

Program for Unified Control. Each applicant for the Residential Neighborhood Development overlay classification shall provide evidence of the unified control of the entire parcel. During the development process more than one (1) builder may participate in the development of the approved plan so long as each parcel of land remains subject to all of the terms and conditions of the plan approved by the Board of Commissioners for the property as a whole.

F.

Property Development Standards

The following standards shall apply to each application for the Residential Neighborhood Development Overlay District classification:

1.

Minimum Size Tract: All applications for the Residential Neighborhood Development Overlay District designation shall be for a tract of land having a gross area of not less than thirty (30) acres.

2.

Density: Developments in a Residential Neighborhood Development Overlay District may not exceed a density of two (2) dwelling units per gross acre of land. **Minimum lot size shall be fifteen thousand (15,000) square feet.

3.

Street Trees shall be prohibited within any rights-of-way to be dedicated to Walton County.

G.

Open Space/Green Space Conservation

1.

No less than twenty percent (20%) of the Residential Neighborhood Development Overlay District shall consist of open space, greenways, trails and outdoor recreation areas.

2.

To the extent possible, lands containing streams, lakes, 100-year floodplains, wetlands, slopes over fifteen percent (15%), and exposed rock shall remain undisturbed and included in open space.

3.

To the extent possible, open space areas shall form an interconnected and continuous network to facilitate connections for habitat and provisions for greenways, paths, and trails throughout the development.

4.

No more than ten percent (10%) of open space areas may be constructed with impervious areas.

5.

Maintenance and protection of open space held in common:

Each applicant shall present a legal mechanism under which all land to be held in common are used for open space purposes shall be protected in perpetuity. Such legal mechanism may include deed restrictions or homeowners associations, which shall be approved by the Department as assuring each of the following mandatory requirements:

a.

That all land held in common shall remain undivided and shall not be subdivided or developed in perpetuity;

b.

That all subsequent property owners in perpetuity within said Residential Neighborhood Development Overlay District are placed on notice of this development restriction through the deed records of Walton County Superior Court;

c.

That all land held in common will be properly maintained and insured with no liability or maintenance responsibilities accruing to the County;

d.

That a legal mechanism exists for notice of deficiencies in maintenance of the land held in common, correction of these deficiencies, properties for the cost of the correction of these deficiencies by a third party or the County;

e.

That the legal mechanism be created and implemented prior to the sale of any individual properties within the Residential Neighborhood Development Overlay District; and

f.

That all requirements of the legal mechanism chosen by the applicant and approved by the Department shall be specified on the final plan and recorded with the Clerk of Superior Court of Walton County.

6.

Homeowners Association shall provide all of the following:

a.

Mandatory and automatic membership in the homeowners association as a requirement of dwelling unit ownership;

b.

All owners shall have equal access and right of use to all common and shared facilities;

c.

A fair and uniform method of assessment for dues, maintenance and related costs;

d.

Where appropriate, party wall maintenance and restoration in the event of damage or destruction;

e.

Perpetual and continued maintenance of land held in common and liability through the use of liens or other means in the case of default; and

f.

That all required covenants, declarations and restrictions shall be filed with the Clerk of the Superior Court of Walton County.

H.

Streets and Sidewalks

1.

All streets serving the overlay district must be suitable in design and adequate in capacity to carry the anticipated traffic within and through the overlay district.

2.

Streets in a Residential Neighborhood Development Overlay District may be public or private.

3.

Private streets shall be constructed to meet Walton County regulations for public streets of the same type.

4.

Alleys — Alleys are permitted as private streets providing secondary or service access. Alleys serving four (4) or more occupied structures shall provide a continuous connection between two (2) public streets and shall meet the following standards:

a.

Alleys shall be paved to a width of not less than ten (10) feet and constructed to the same paving standards as the connecting streets.

b.

No alleys shall be longer than five hundred (500) feet.

c.

No alley shall have a slope greater than seven percent (7%).

5.

Buildings shall be set back at least ten (10) feet from the edge of pavement of an alley.

6.

Sidewalks — Sidewalks shall be installed in accordance with Article 9Section 9-1-180 on each street within the Residential Neighborhood Development Overlay District.

7.

Off-Street Parking Requirements — Off-street parking requirements for uses and structures authorized and permitted in the Residential Neighborhood Development Overlay District are required as follows:

a.

There shall be a minimum of two (2) off-street parking spaces and a two (2) car garage provided for each single family attached or detached dwelling unit.

b.

All other uses shall provide off-street parking as required elsewhere in the Comprehensive Land Development Ordinance and Subdivision Regulations of Walton County.

8.

Minimum yard requirements for buildings within a Residential Neighborhood Development Overlay District:

a.

Front yard: Twenty-two (22) feet.

b.

Side Yard: Seven and one-half (7.5) feet.

c.

Rear yard: Twenty (20) feet.

d.

Minimum lot width one hundred (100) feet.

9.

Minimum spacing between buildings containing attached single-family residences and multi-family dwellings:

a.

The front or rear face of a dwelling unit shall be not less than fifty (50) feet from the front or rear face of another dwelling unit. The unattached side face of a single-family attached building shall be not less than thirty (30) feet from the side face of another such building and not less than forty (40) feet from the front or rear face of another such building or unit.

b.

No dwelling unit shall be situated so as to face the rear of another dwelling unit closer than fifty (50) feet away unless terrain differences or screening will provide effective visual separation.

10.

Maximum Height of Buildings: The maximum height of buildings shall be thirty-five (35) feet.

11.

Maximum Lot Coverage: Lot coverage for individual lots within a Residential Neighborhood Development Overlay District shall not exceed sixty percent (60%).

12.

Minimum Dwelling Unit Size Requirements: The minimum size of any dwelling unit in a Residential Neighborhood Development Overlay District shall be as follows:

a.

Single-family attached or detached dwelling: Minimum of 2,000-square foot ranch; 2,400-square foot two-story heated area.

13.

Phasing of Projects

a.

Development within the Residential Neighborhood Development Overlay District may be phased.

b.

In all cases where a project is to be phased, each phase of the project shall contain the required parking spaces, recreation space, landscaping, and utilities required for that phase.

c.

When developed in phases, all open space shall be shown in Phase 1.

(5-3-2005; 10-2-2018; 8-3-2021; 2-1-2022)

A.

The purpose of the Residential Airpark Overlay District is to authorize, subject to certain standards, the development of residential airpark communities, centered around either existing private airstrips or private airstrips approved by the Walton County Board of Commissioners in accordance with this Ordinance. Whereas private airstrips are only allowed in the M2 zoning district with a conditional use permit, private airstrips that are part of a residential airpark development may be approved as part of this residential overlay zoning district, which shall be permitted only in the A zoning districts. Applicants must, however, still comply with the Supplemental Use Regulations for private airstrips in accordance with Article 6, Part 6-1.

B.

Types of AOD Developments

The following types of Airpark Overlay (AO) Developments are authorized as overlay districts in A1, and A2 districts only by these regulations. They shall contain no less than five (5) lots with minimum land area for the district as follows:

1.

Land area for the development shall be a minimum of fifty (50) acres.

C.

General Design Standards

1.

The streets shall be designed and located in such a manner as to maintain and preserve natural topography to minimum cut and fill. The Director shall approve street grade.

2.

The development shall maintain or create a buffer of natural vegetation of at least fifty (50) feet in width adjacent to perennial streams, surface waters and wetlands.

3.

A 50-foot transitional buffer is required around the perimeter except where property abuts a residential subdivision. If the buffer is provided within the required setback it shall not be included in the required open space.

4.

All lots shall have access to interior streets only.

5.

Density:

For lots serviced by Septic:

a.

In all districts the density shall not exceed one (1) unit per one and one-half (1.5) acres. The minimum lot size shall be twenty-five thousand five hundred (25,500) square feet and depend upon approval of the Health Department.

For lots serviced by Public Sewer:

a.

In all districts the density shall not exceed one (1) unit per one-half (½) acre.

6.

Minimum development standards for residential lots.

a.

Minimum frontage shall be not less than one hundred twenty-five (125) feet, except lots located entirely on a turnaround area at the end of a cul-de-sac shall have a minimum of forty (40) feet of street frontage. The width of the lot shall be at least one hundred (100) feet. Except cul-de-sac lots shall have a lot width of fifty (50) feet at the required building setback.

b.

Front yard: Forty (40) feet.

c.

Side yard: Ten (10) feet.

d.

Rear yard: Forty (40) feet for interior lots.

e.

Minimum house size shall be two thousand four hundred (2,400) square feet.

f.

The front, side and rear setback lines shall be shown on the Preliminary and Final Plat.

g.

Setback areas: All structures shall be located a minimum of fifty (50) feet from adjacent tracts not located in the development.

7.

Street Trees shall be prohibited within any rights-of-way to be dedicated to Walton County.

D.

Principal Uses and Structures

1.

All uses permitted by single-family detached residential districts as set forth in the A1, and A2 zoning districts.

2.

Private airstrips previously-approved by the Walton County Board of Commissioners and proposed private airstrips developed in accordance with this Ordinance.

E.

Accessory Uses and Structures

1.

Aircraft Hangars—Density for hangars shall not exceed one (1) hangar per five (5) residential dwellings located in the community.

2.

Customary and usual aviation-related activities, including but not limited to takeoffs and landings, construction and maintenance of private airstrip facilities; and other activities incidental to the normal operation of an airport.

3.

Greenways, including but not limited to, bicycle and pedestrian paths.

4.

All accessory uses and structures, including hangars, shall conform to Article 5, Part 5-2 of this Ordinance.

5.

Airstrip or aircraft landing runways as hereinafter defined.

6.

Accessory uses as defined and set forth in the A zoning districts.

F.

Airstrip Development Standards

1.

There shall be a grass or asphalt/concrete runway.

2.

A hangar may be permitted on any residential lot either attached or detached from a primary residence so long as the lot coverage for the zoning district is not exceeded.

3.

All development standards for accessory buildings and structures for the zoning district shall be complied with.

G.

Type of Aircraft

1.

Only single-engine, fixed wing airplanes shall be permitted.

H.

Open Space

1.

Required open space: It is the intent of these regulations that open space not be subdivided not divided and comprised of contiguous buildable and non-buildable lands. Land so designated as open space shall be in a location and configuration that relates to the ultimate purpose of the open space (i.e., outdoor recreation, landscape protection, habitat protection, etc.) Development should be designed around these natural features.

a.

Not less than twenty-five (25%) of the total area of the tract of land to be developed, as an AO Development shall be dedicated as open space.

b.

No more than fifty percent (50%) of the required open space may be in land that is located in a floodplain, wetlands, utility easements, slopes greater than twenty-five percent (25%) or other non-buildable land.

c.

Fifty percent (50%) of the required open space shall contain or provide minimum thirty (30) units per acre, as defined in Article 12 Tree Preservation.

d.

The airstrip may be included as part of the twenty-five percent (25%) open space calculation

2.

Rights-of-way for streets shall be excluded from land considered for open space.

3.

If the development is to be built in phases, one hundred percent (100%) of the open space of the entire development must be shown on Phase 1.

4.

Maintenance and protection of open space held in common:

Each applicant shall present as a part of the application for the development of an Airpark Overlay District, a legal mechanism under which all land to be held in common are used for open space purposes shall be protected in perpetuity. Such legal mechanism may include deed restrictions or homeowners associations, which shall be approved by the Department as assuring each of the following mandatory requirements:

a.

That all land held in common shall remain undivided and shall not be subdivided or developed in perpetuity;

b.

That all subsequent property owners in perpetuity within said Airpark Overlay District are placed on notice of this development restriction through the deed records of Walton County Superior Court;

c.

That all land held in common will be properly maintained and insured with no liability or maintenance responsibilities accruing to the County;

d.

That a legal mechanism exists for notice of deficiencies in maintenance of the land held in common, correction of these deficiencies, properties for the cost of the correction of these deficiencies by a third party or the County;

e.

That the legal mechanism be created and implemented prior to the sale of any individual properties within the Airpark Overlay District; and

f.

That all requirements of the legal mechanism chosen by the applicant and approved by the Department shall be specified on the final plan and recorded with the Clerk of Superior Court of Walton County.

5.

When an applicant for an Airpark Overlay District chooses to utilize a homeowners association in order to comply with the requirements of Subsection 11 above, the applicant, in addition to meeting all of said requirements, shall provide for all of the following:

a.

Mandatory and automatic membership in the homeowners association as a requirement of dwelling unit ownership;

b.

All owners shall have equal access and right of use to all common and shared facilities;

c.

A fair and uniform method of assessment for dues, maintenance and related costs;

d.

Where appropriate, party wall maintenance and restoration in the event of damage or destruction;

e.

Perpetual and continued maintenance of land held in common and liability through the use of liens or other means in the case of default; and

f.

That all required covenants, declarations and restrictions shall be filed with the Clerk of the Superior Court of Walton County.

I.

Required Improvements

1.

Water supply: Each dwelling unit shall be connected to a municipal water system.

2.

Utilities: All utilities within the subdivision shall be underground.

3.

Street lighting: All streets within the subdivision shall be lighted in accordance with Article 10, Part 10-3 of this Ordinance.

4.

Sidewalks: Sidewalks shall be installed on both sides of all streets.

5.

Streets: Streets shall be in accordance with Article 9 of this Ordinance.

J.

AO Plan Approval

An overall concept plan for a proposed AO Development shall be approved following the requirements provided in Article 4, Part 4-4 of this Ordinance.

"Pursuant to the Comprehensive Land Development Ordinance of Walton County, Georgia, all the requirements of AO Concept Plan Approval having been fulfilled, the AO) Concept Plan has been approved. The final plat must be recorded or a development permit must be issued within 6 months of the approval of the OA Concept Plan or the approval will expire and be null and void."

K.

Conditional Uses

Conditional uses that are permitted with a conditional use permit in the Airpark Overlay District are the same as those permitted in the A1 and A2 Zoning Districts listed in Article 5 of this Ordinance.

1.

Utility structures and buildings, including electric and natural gas substations, telephone exchanges, radio and television stations, and similar structures for the storage of supplies, equipment or service operations are permitted as conditional uses when properly screened as approved by the Department.

(10-6-2009; 10-2-2018)

A.

Purpose and Intent

The intent of this Land Development District is to protect the designated watershed area from the possible adverse effects of residential and non-residential development such as the leaching of septic systems, increased storm water runoff, sedimentation and other sources of water pollution, in order to ensure water quality. All property within this Land Development Overlay District shall simultaneously carry the Land Development District designation of the underlying Land Development District as well as the W-P1 designation.

B.

Location of the District

The W-P1 Watershed Protection Overlay District is comprised of all land areas within the Big Haynes Creek watershed basin, which has been officially designated for use as a public water supply. The W-P1 Watershed Protection Overlay District is shown on the Official Land Development Maps of Walton County, Georgia. In all cases, the watershed is defined by the ridgelines that separate the flow of storm water between the Alcovy or Big Haynes Creek watershed basin and all other watersheds. The actual boundary of W-P1 Watershed Protection Overlay District must therefore be determined on a property-by-property basis using the actual topography of each site.

C.

Permitted and Conditional Uses

1.

In the W-P1 Watershed Protection Overlay District, the Permitted Uses, as well as the Conditional Uses, shall be those of the underlying Land Development District provided for in this Ordinance, except where the provisions of this District differ or are more restrictive than the underlying Land Development District.

2.

The following uses are restricted in all Land Development Districts within the W-P1 District:

a.

Sanitary landfills are prohibited.

b.

Hazardous waste treatment or disposal facilities are prohibited (except septic tanks).

c.

Facilities, which handle hazardous materials, of the types and amounts regulated by the Georgia Department of Natural Resources, are prohibited.

d.

Mining and quarrying activities are prohibited.

D.

Required Greenways and Setbacks

The following greenways and setbacks are hereby established along each perennial stream and water impoundment (i.e., a pond, lake or wet detention pond) in the W-P1 District:

1.

Stream Greenway: The area extending a distance of one hundred (100) feet from the banks of all perennial streams. This area shall remain a natural and undisturbed buffer except as otherwise provided in this District, below.

2.

No impervious surface shall be constructed within a distance of one hundred fifty (150) feet from the banks of all perennial streams.

3.

Water Impoundment Greenway: The area extending a distance of one hundred fifty (150) feet from the normal pool elevation of any water impoundment, except that greenway requirements shall not apply adjacent to the dam side of the impoundment. The greenway shall remain a natural and undisturbed buffer except as otherwise provided in this District, below.

E.

Development Regulations

In the W-P1 Watershed Protection District, all requirements relating to the development of a site shall be those that apply to the underlying Land Development District as required by this Ordinance, except where the provisions of this District differ or are more restrictive than the development regulations applying to the underlying Land Development District or contained elsewhere in this Ordinance.

1.

Minimum Lot Area

The land area for each use located in the District shall be no less than the following: For individual lots for dwellings or nonresidential uses and for each lot within a subdivision, the minimum lot size shall be the minimum lot size required by the underlying Land Development District.

2.

Impervious Surface

The maximum permitted impervious surface area, including all public and private structures; utilities or facilities within the watershed shall be twenty-five percent (25%) or existing use, if greater than twenty-five percent (25%). No buildings, pavement, patios or other impervious surface shall be constructed within the greenway or setback areas of any perennial stream or water impoundment established in this District.

3.

Septic Tank Construction

Septic tanks and septic tank drain fields are prohibited within the greenway or setback areas of any perennial stream or water impoundment as established under this District.

4.

Public Utilities

Utilities shall be exempt from the above greenway and setback provisions in accordance with the following conditions if the utilities to be located in the greenway or setback areas cannot feasibly are located outside these areas:

a.

The utilities shall be located as far from the stream bank or water impoundment as reasonably possible.

b.

The installation and maintenance of the utilities shall be such to protect the integrity of the greenway and setback areas as best as reasonably possible using watershed best management practices to the greatest extent practical.

5.

Roadways

Roadways, bridges and drainage structures may encroach upon required greenways and setbacks where such structures are necessary to provide access. Such roadways and bridges shall cross-streams perpendicularly where reasonably possible. The number of such stream crossings and associated structures shall be minimized to the greatest extent possible.

F.

Storm water Management

1.

With the exception of an individual single-family residential lot, all development sites and subdivisions shall provide storm water detention in accordance with the requirements of Article 11 of this Ordinance.

2.

If a subdivision (residential or nonresidential) project is provided with an on-site storm water detention facility, a property owner's association shall be established for its ownership and maintenance. The association bylaws shall be recorded concurrently with the recording of a final subdivision plot. The association bylaws shall include the following provisions:

a.

Automatic (mandatory) membership of all purchasers of lots therein and their successors; and

b.

Conditions and timing of transferring control of the association from the developer to the lot owners shall be specified which shall not exceed four (4) years from the date of recording of the Final Plat of the subdivision; and

c.

Responsibility for maintenance, insurance and taxes; and

d.

Sharing of the costs of maintenance among the lot owners with shares defined by the association bylaws; and

e.

Authority to place liens on the real property of members who fail to pay their dues or assessments; and

f.

Prohibition on the dissolution of the association shall be dissolved without the approval of the Board of Commissioners.

G.

Limitation on Variances

Variances from the provisions of the W-P1 Watershed Protection District are prohibited except as follows:

1.

Lots of Record

All lots or parcels of record as of the effective date of this amendment and all lots or parcels that are shown on a preliminary plat approved by the County prior to the effective date of this amendment, that are made unbuildable by the stream or water impoundment greenway or setback provisions of this District, may still be developed on a case by case basis. Requests for development of these lots shall be made to the Director as Administrative Variances. If development is allowed, the minimum possible impervious surface and maximum setback and greenway width, given the configuration of the lot, shall be maintained.

2.

Nonconforming Lots

Nonconforming lots, buildings and uses shall be governed by the provisions of Article 13, Non-Conforming Situations.

3.

Variances shall not be required for encroachments into watershed buffers within a stream mitigation plan provided that EPD and the US Army Corp of Engineers have granted a variance or allowed an encroachment into the minimum state tributary buffer.

(2-6-2007; 10-6-2009)

A.

Purpose of Intent

The intent of this Land Development Overlay District is to protect the designated watershed areas from the possible adverse effects of residential and non-residential development such as the leaching of septic systems, increased storm water runoff, sedimentation and other sources of water pollution, in order to ensure water quality. All property within this Land Development District shall simultaneously carry the Land Development District designation of the underlying Land Development District as well as the W-P2 designation.

B.

Location of the District

The W-P2 Watershed Protection Overlay District is comprised of all land areas within the Cornish Creek, Hard Labor Creek and Beaver dam Creek watershed basins, which have been officially designated for use as public water supplies. The W-P2 Watershed Protection District is shown on the Official Land Development Maps of Walton County, Georgia. In all cases, the watershed is defined by the ridgelines that separate the flow of storm water between the Cornish Creek, Hard Labor Creek and Beaver dam Creek watershed basins and all other watersheds. The actual boundary of W-P2 Watershed Protection Overlay District must therefore be determined on a property-by-property basis using the actual topography of each site.

C.

Permitted and Conditional Uses

1.

In the W-P2 Watershed Protection Overlay District, the Permitted Uses, as well as the Conditional Uses, shall be those of the underlying Land Development District provided for in this Ordinance, except where the provisions of this Overlay District differ or are more restrictive than the underlying Land Development District.

2.

The following uses are restricted in all Land Development Districts within the W-P2 District:

a.

Sanitary landfills are prohibited.

b.

Hazardous waste treatment or disposal facilities are prohibited (except septic tanks).

c.

Facilities, which handle hazardous materials, of the types and amounts regulated by the Georgia Department of Natural Resources, are prohibited.

d.

Mining and quarrying activities are prohibited.

D.

Required Greenways and Setbacks

The following greenways and setbacks are hereby established along each perennial stream (i.e., a stream that flows throughout the year) and water impoundment (i.e., a pond or lake) in the W-P2 District:

1.

Stream Greenway

The area extending a distance of one hundred (100) feet from the banks of all perennial streams. This area shall remain a natural and undisturbed buffer except as otherwise provided in this District, below.

2.

Stream Setback

No impervious surface shall be constructed within a distance of one hundred fifty (150) feet from the banks of all perennial streams except as otherwise provided in this District.

3.

Water Impoundment Greenway

The area extending a distance of one hundred fifty (150) feet from the normal pool elevation of any water impoundment, except that greenway requirements shall not apply adjacent to the dam side of the impoundment. The greenway shall remain a natural and undisturbed buffer except as otherwise provided in this District.

For the Hard Labor Creek Reservoir, the greenway shall be the area extending a distance of one hundred fifty 150 feet from the normal pool elevation of seven hundred (700) feet Mean Sea Level (MSL) or to the reservoir flood elevation of seven hundred twelve (712) feet MSL, whichever is greater, except that greenway requirements shall not apply adjacent to the dam side of the impoundment. The greenway shall remain a natural and undisturbed buffer except as otherwise provided in this District.

E.

Development Regulations

In the W-P2 Watershed Protection District, all requirements relating to the development of a site shall be those that apply to the underlying Land Development District as required by this Ordinance, except where the provisions of this District differ or are more restrictive than the development regulations applying to the underlying Land Development District or contained elsewhere in this Ordinance.

1.

Minimum Lot Area (non-residential subdivision)

a.

The minimum lot size shall be two (2) acres.

b.

Minimum house size shall comply with the underlying zoning.

2.

Residential Subdivision Developments shall be allowed in the A1, A2 and R1 zoning districts as follows:

a.

The minimum lot area shall be one (1) acre with a density of one (1) lot per two (2) acres for lots served by septic tanks.

b.

Lot serviced by public sewer shall be allowed to have a density of one (1) lot per one (1) acre.

c.

Minimum House size shall be one thousand eight hundred (1,800) square feet.

3.

Open Space or Green Space

a.

Required open space: It is the intent of these regulations that open space be unsubdivided and comprised of contiguous buildable and non buildable lands. Land so designated as open space shall be in a location and configuration that relates to the ultimate purpose of the open space (i.e., outdoor recreation, landscape protection, habitat protection, etc.) Development should be designed around these natural features.

b.

Not less than twenty-five percent (25%) of the total area of the tract of land to be developed shall be dedicated as open space.

c.

No more than fifty percent (50%) of the required open space may be in land that is located in a floodplain, wetlands, utility easements, slopes greater than twenty-five percent (25%) or other non-buildable land.

d.

Fifty percent (50%) of the required open space shall contain or provide minimum thirty (30) units per acre, as defined in Article 12 Tree Preservation.

e.

Rights-of-way for streets shall be excluded from land considered for open space.

f.

If the development is to be built in phases, one hundred percent (100%) of the open space of the entire development must be shown on the first Phase.

g.

Ownership of the Open Space: Open Space shall be dedicated by recorded deed to a mandatory homeowners association.

4.

Residential developments serviced by public sewer shall be allowed in the R1 RND Overlay District as follows:

a.

Density: The density shall be two (2) lots per one (1) acre.

F.

Impervious Surface

The maximum permitted impervious surface area, including all public and private structures, utilities or facilities within the watershed shall be twenty-five percent (25%) or existing, if greater than twenty-five percent (25%). No buildings, pavement, patios or other impervious surface shall be constructed within the greenway or setback areas of any perennial stream or water impoundment established in this District, except as otherwise provided in this District.

G.

Septic Tank Construction

Septic tanks and septic tank drain fields are prohibited within the greenway or setback areas of any perennial stream or water impoundment as established under this District.

H.

Public Utilities

Utilities shall be exempt from the above greenway and setback provisions in accordance with the following conditions if the utilities to be located in the greenway or setback areas cannot feasibly be located outside these areas:

a.

The utilities shall be located as far from the stream bank or water impoundment as reasonably possible.

b.

The installation and maintenance of the utilities shall be such to protect the integrity of the greenway and setback areas as best as reasonably possible using watershed best management practices to the greatest extent practical.

I.

Roadways

Roadways, bridges and drainage structures may encroach upon required greenways and setbacks where such structures are necessary to provide access. Such roadways and bridges shall cross-streams perpendicularly where reasonably possible. The number of such stream crossings and associated structures shall be minimized to the greatest extent possible.

J.

Stormwater Management

1.

With the exception of an individual single-family residential lot, all development sites and subdivisions shall provide storm water detention in accordance with the requirements of Article 11 of this Ordinance.

2.

If a subdivision (residential or nonresidential) project is provided with an on-site storm water detention facility, a property owner's association shall be established for its ownership and maintenance. The association bylaws shall be recorded concurrently with the recording of a final subdivision plot. The association bylaws shall include the following provisions:

a.

Automatic (mandatory) membership of all purchasers of lots therein and their successors; and

b.

Conditions and timing of transferring control of the association from the developer to the lot owners shall be specified which shall not exceed four (4) years from the date of recording of the Final Plat of the subdivision; and

c.

Responsibility for maintenance, insurance and taxes; and

d.

Sharing of the costs of maintenance among the lot owners with shares defined by the association bylaws; and

e.

Authority to place liens on the real property of members who fail to pay their dues or assessments; and

f.

Prohibition on the dissolution of the association without the approval of the Board of Commissioners.

K.

Limitation on Variances

Variances from the provisions of the W-P2 Watershed Protection Overlay District are prohibited except as follows:

1.

Lots of Record

All lots or parcels of record as of the effective date of this amendment and all lots or parcels that are shown on a preliminary plat approved by the County prior to the effective date of this amendment, that are made unbuildable by the stream or water impoundment greenway or setback provisions of this District, may still be developed on a case by case basis. Requests for development of these lots shall be made to the Director of Development as Administrative Variances. If development is allowed, the minimum possible impervious surface and maximum setback and greenway width, given the configuration of the lot, shall be maintained.

2.

Nonconforming Lots, Buildings and Uses

Nonconforming lots, buildings and uses shall be governed by the provisions of Article 13, Non-Conforming Situations.

3.

Variances shall not be required for encroachments into watershed buffers within a stream mitigation plan provided that EPD and the US Army Corp of Engineers have granted a variance or allowed an encroachment into the minimum state tributary buffer.

L.

Hard Labor Creek Reservoir Management

Management of recreational usage, maintenance of natural and cultural resources and other public and non-public activities within the Hard Labor Creek reservoir, including greenways, shall be governed by the Hard Labor Creek Reservoir Management Plan.

M.

Cornish Creek Reservoir Management

Management of recreational usage, maintenance of natural and cultural resources and other public and non-public activities within the Cornish Creek reservoir, including greenways, shall be governed by the Reservoir Management Plan of Cornish Creek Reservoir Lake Varner of 2004.

(3-2-2004; 2-6-2007; 7-6-2021)

A.

Purpose and Intent

1.

The purpose of this district shall be to protect the public health, safety and general welfare and to ensure the prosperity of the citizens of Walton County by discouraging strip commercial development and encouraging higher intensity pedestrian-friendly development nodes at major intersections along certain highway corridors that serve as prominent gateways into Walton County.

2.

The intent of this district is to set higher standards for the appearance and functionality of the land uses at major intersections along certain major highway corridors in Walton County. These standards will establish and maintain a pedestrian-friendly, sidewalk orientation and a mixture of land uses in order to discourage strip commercial development and to promote highway capacity and safety along these vital routes.

B.

Location of District

This district shall be mapped in an area within approximately one thousand two hundred (1,200) feet of selected major intersections that accompany protected major highway corridors in Walton County for a depth that is sufficient to include all property having frontage on both sides of the major highway as well as property on both sides of the secondary intersecting streets as determined by the Board of Commissioners.

C.

Principal Uses and Structures

1.

Principal uses and structures shall be the same as those allowed in the underlying zoning districts in accordance with Article 5, Part 5-1 of this Ordinance with the following exceptions:

2.

The following uses shall be prohibited:

a.

Vehicle sales lots

b.

Junk yards

3.

The following uses shall only be permitted if a Conditional Use Permit is approved:

a.

Drive-through windows

b.

Building materials sales

c.

Light industrial uses

d.

Warehouse and distribution centers

D.

In addition to the principal uses and structures authorized in the underlying zoning districts, a mixture of residential uses with office, commercial, retail or restaurant uses permitted in the O-I or B1 Districts if located in buildings having two (2) or more stories where the commercial or office uses occupy the majority of the ground floor shall be permitted with site plan review by the Director.

E.

Reserved

F.

Property Development Standards

1.

Setback Requirements

a.

Front: At least fifty percent (50%) of the length of the principal building facing the street shall be placed within thirty (30) feet of the front property line.

2.

Maximum Floor Area

a.

When located on streets which function as arterial streets: Individual nonresidential uses shall not exceed fifty thousand (50,000) square feet of floor area.

b.

When located on streets which function as collector streets: Individual nonresidential uses shall not exceed twenty-five thousand (25,000) square feet of floor area.

3.

Maximum Impervious Surface Coverage — Eighty-five percent (85%) of the lot.

4.

Maximum Height

The maximum height of buildings shall be three (3) stories unless a Conditional Use Permit is approved to authorize a taller building. Clock towers, cupolas, and other similar ornamental structures extending not more than fifteen (15) feet above the highest adjacent roof shall not be considered as an additional story.

5.

Minimum Height

The minimum height of building facades shall be eighteen (18) feet.

6.

Street Orientation of Buildings

All buildings shall be oriented toward streets and sidewalks and provide attractive, safe, and convenient pedestrian access from the sidewalk to the building entrance.

a.

Gasoline fuel dispenser structures, vehicular services such as air pumps and car washes, drive-through service windows and drive-in facilities shall be located in rear yards.

b.

Refuse containers, mechanical equipment, outdoor storage, and loading docks shall only be located in rear yards and completely screened from view.

G.

Parking Requirements

1.

Off-street parking and loading space shall be provided in accordance with Article 7 of this Ordinance. The following additional regulations shall apply:

a.

Parking shall be located in the rear yard, in a screened area of the side yard or in interior area or courtyard between buildings so as not to be visible from the street.

b.

Prior to division of property in a commercial development, controlled access standards shall be applied including cross-access easements shall be provided so that access to all properties created by the subdivision can be shared from one or more points.

2.

Bicycle Parking

All uses other than single-family and two-family residential uses that are required to provide off-street parking shall provide bicycle parking facilities at a ratio of at least one (1) bicycle parking space for every twenty (20) automobile parking spaces. No such development shall have fewer than three (3) bicycle parking spaces nor be required to exceed a maximum of twenty-five (25) bicycle parking spaces. Bicycle spaces shall be located within one hundred (100) feet of the principal building entrance. Each bicycle space shall include a metal anchor sufficient to secure the bicycle frame using a user-supplied lock.

H.

Public Improvements Standards

Alleys shall be permitted if they meet the requirements of Article 9, Section 9-1-130 K.

I.

Street Connectivity

New development at major intersections shall incorporate a grid of interconnected public streets. Maximum block size shall be eight (8) acres and the maximum distance between intersections of public streets shall be six hundred (600) feet.

J.

Streets and Sidewalks

1.

Driveway location

a.

Driveways shall not be located closer than 75 feet from an intersecting street.

b.

Properties with less than two hundred (200) feet of frontage on the major highway shall be permitted no more than one (1) curb cut on the major highway.

c.

Properties having more than two hundred (200) feet of frontage on the major highway may have up to one (1) additional curb cut on the major street, to be no closer than one hundred (100) feet from the first driveway.

d.

Lots with more than one (1) street frontage may have one (1) curb cut on the principal frontage and one (1) additional curb cut on each secondary street. Such corner lots are encouraged to provide additional access from secondary streets through a access road or easement placed parallel to the main highway and serving multiple properties from a single curb cut along the secondary street. Such parallel access road shall be placed in the rear yards of buildings facing the major thoroughfare.

e.

Interparcel access is required for all developments except single-family and two-family dwellings. Each new development except for single-family residences shall provide appropriate cross-access driveways connecting to adjacent lots.

f.

Interior lots are encouraged to seek additional access from secondary streets through a secondary access road or alley placed parallel to the main highway and serving multiple properties from a single curb cut along the secondary street.

g.

Curb cuts and driveways for properties having less than two hundred (200) feet of frontage shall not be permitted on any street that functions as an arterial or collector street when access may be provided from a new interior street, a side street or a rear street.

h.

The Director may require a common or joint driveway for adjacent lots when such lots have common ownership.

2.

Sidewalks

a.

Public sidewalks are required.

b.

Sidewalks at least eight (8) feet in width shall be located along both sides of the street.

c.

Sidewalks shall be located at least four (4) feet from the back of the curb where curb and gutter exists, or at least ten (10) feet behind edge of paving where drainage swales of ditches are provided adjacent to the roadway.

d.

New sidewalks shall be aligned with existing sidewalks and shall include appropriate transitions where necessary to make a continuous alignment between existing and new sidewalks.

e.

Sidewalks of variable width and alignment may be permitted by the Director when necessary to preserve an existing tree or to align with an existing sidewalk.

f.

Each building or complex of buildings shall provide sidewalks or other marked pedestrian connections through parking lots to adjacent buildings. Such pedestrian access shall minimize conflicts with automobiles by such means as sidewalks, ornamental pavers, or striped crosswalks.

3.

Streetlights and Utilities

a.

All utilities shall be located underground except where the Director determines that underground utilities are infeasible because of unique geologic or hydrologic conditions on the site.

b.

Streetlights are required on both sides of all streets.

c.

Separate streetlights shall be provided for lighting sidewalks. Such sidewalk lighting shall be provided using fixtures approved by the Director located within four (4) feet of the edge of the sidewalk and having a height not to exceed fifteen (15) feet above the sidewalk, at a spacing not to exceed fifty (50) feet on center.

K.

Landscaping

1.

A ten-foot-wide planted landscape strip is required along the entire property frontage, except for perpendicular crossings of driveways or utility easements. The landscape strip shall consist of grass, flowering plants, mulch, and other groundcover approved by the Director; evergreen shrubbery shall be planted no more than eight (8) feet on center.

2.

Street Trees

a.

Street trees are required and shall be planted within two and one-half (2½) feet of back of curb with a maximum spacing of forty (40) feet. All newly planted trees shall be a minimum of two (2) inches caliper dbh and a minimum of six (6) feet in height at time of planting. Each street tree shall have a minimum planting area of sixteen (16) square feet of mulched earth.

b.

Street trees shall not be planted closer than twenty-five (25) feet from the curb line of intersecting streets or driveways and not closer than ten (10) feet from fire hydrants, streetlights, traffic signs, or existing trees.

L.

Architectural Design Standards

1.

Articulation

Buildings having a ground floor area of twenty thousand (20,000) square feet or more shall conform to the following standards:

a.

No new building or group of attached buildings shall exceed a total building length of three hundred (300) feet.

b.

The building façade and massing shall be subdivided into a pleasing composition of building forms that incorporate changes in building façades, massing, and direction, multiple roof planes, recessed entrances, towers, cupolas, dormers, and other features that provide visual interest.

2.

Materials

a.

Building exteriors shall not be finished in metal siding, exposed concrete masonry units, or exposed concrete where visible from the street or sidewalk in either front or side yards. Textured or ribbed concrete masonry units may be permitted with approval by the Director.

b.

Security fencing shall be dark green, bronze, or black color. Chain link fence is prohibited in front yards. Barbed wire and razor wire is prohibited.

3.

Signs

Signs are allowed as per the Walton County Sign Ordinance.

(5-2-2006)

A.

Purpose and Intent

1.

The purpose of this district shall be to protect the public health, safety and general welfare and to ensure the prosperity of the citizens of Walton County by managing development along major highway corridors that serve as prominent gateways into Walton County.

2.

The intent of this district is to set higher standards for the appearance and functionality of certain major highway corridors in Walton County. These standards will establish and maintain a spacious, landscaped appearance in order to discourage strip commercial development and to promote highway capacity and safety along these vital routes.

B.

Location of District

This district is designed for corridors that are currently multi-lane highways or are expected to become multi-lane highways. It is anticipated that the future land use and zoning along these corridors is predominately a mixture of commercial, office, industrial, and multi-family residential. This overlay district shall be mapped along a corridor that extends for a depth that is sufficient to include all property having frontage on both sides of each of the routes as determined by the Board of Commissioners.

C.

Principal Uses and Structures

Principal uses and structures shall be as authorized in the underlying zoning districts subject to the following exceptions and supplemental standards:

1.

Junk yards are prohibited.

2.

Commercial developments providing auto care, service, or sales shall be designed so that service bays are sited so they are not visible from the entry street. Vehicles under repair shall be kept inside or in an area screened from street view.

3.

Gasoline fuel dispenser structures, vehicular services such as air pumps and car washes, drive-through service windows and drive-in facilities shall not be located between a building and the street and must be screened from street view.

4.

Outdoor display areas of vehicle sales lots including manufactured homes or mobile homes displayed for sale or rent shall be limited to no more than one hundred (100) feet, or fifty percent (50%) of property frontage, whichever is less. Such display areas may be no closer than fifty (50) feet from the front property line.

D.

Property Development Standards

1.

Lot Area — minimum two (2) acres.

2.

Lot Width — Minimum two hundred (200) feet of frontage.

3.

Front Setback — Minimum one hundred (100) feet from the future right-of-way of the major highway, as established by the Walton County Thoroughfare Map.

4.

Minimum Floor Area of Principal Structure — Two thousand five hundred (2,500) square feet of heated floor area.

5.

Maximum Height of Buildings — Three (3) stories, except that Office Buildings may be a maximum height of five (5) stories provided that a Conditional Use Permit is approved.

6.

Maximum Impervious Surface Coverage — seventy percent (70%) of the lot.

7.

Parking

Off-street parking and loading space shall be provided in accordance with Article 7 of this Ordinance. The following additional regulations shall apply:

a.

No more than fifty percent (50%) of the required front yard of any lot shall be used for parking.

b.

Off-street parking spaces in the front yard shall be separated from the street by a 40-foot wide landscaped area that shall provide a visual screen from the street. The height of the screen shall be at least six (6) feet higher than the elevation of the adjacent parking spaces. The screen may be provided by an earthen berm, densely planted shrubbery, a masonry wall, or any combination of these elements approved by the Director. Walls used for screening may not be constructed of exposed cement masonry units unless they are ribbed or textured.

E.

Streets and Sidewalks

1.

Driveway location

a.

Properties with less than three hundred (300) feet of frontage on the major highway shall be permitted no more than one (1) curb cut on the major highway.

b.

Properties having more than three hundred (300) feet of frontage on the major highway may have one (1) additional curb cut for every additional three hundred (300) feet of frontage.

c.

Lots with more than one (1) street frontage may have one (1) curb cut on the principal frontage and one (1) additional curb cut on each secondary street. Such corner lots are encouraged to provide additional access from secondary streets through a access road or easement placed parallel to the main highway and serving multiple properties from a single curb cut along the secondary street. Such parallel access road shall be placed in the rear yards of buildings facing the major highway.

d.

Interparcel access is required for all developments except single-family and two-family dwellings. Each new development shall provide appropriate cross-access driveways connecting to adjacent lots.

e.

Interior lots are encouraged to seek additional access from secondary streets through a secondary access road placed parallel to the main highway and serving multiple properties from a single curb cut along the secondary street.

f.

Curb cuts and driveways for properties having less than three hundred (300) feet of frontage shall not be permitted on any street that functions as an arterial or collector street when access may be provided from a new interior street, a side street or a rear street.

g.

Front-facing garages and carports that serve a single residential unit are discouraged.

h.

The Director may require a common or joint driveway for adjacent lots when such lots have common ownership.

2.

Streetlights

Streetlights shall be required for new construction where sidewalks are installed.

3.

Sidewalks

a.

Public sidewalks at least five (5) feet in width shall be located along both sides of the major highway.

b.

Sidewalks shall be located at least five (5) feet from the back of the curb where curb and gutter exists, or at least ten (10) feet behind edge of paving where drainage swales of ditches are provided adjacent to the highway.

c.

New sidewalks shall be aligned with existing sidewalks and shall include appropriate transitions where necessary to make a continuous alignment between existing and new sidewalks.

d.

Sidewalks of variable width and alignment shall be permitted when necessary to preserve an existing tree.

F.

Landscaping

A ten-foot wide planted landscape strip is required along the entire property frontage, except for perpendicular crossings of driveways or utility easements. The landscape strip shall consist of grass, flowering plants, mulch and other groundcover approved by the Director; evergreen shrubbery shall be planted no more than eight (8) feet on center, and street trees shall be installed as described below:

1.

Street trees are the required landscape strip with a maximum spacing of forty (40) feet. All newly planted trees shall be a minimum of two (2) inches caliper dbh and a minimum of six (6) feet in height at time of planting. Trees shall have a minimum planting area of sixteen (16) square feet of mulched earth.

2.

Street trees shall not be planted closer than twenty-five (25) feet from the curb line of intersecting streets or driveways and not closer than ten (10) feet from fire hydrants, streetlights, traffic signs, or existing trees.

3.

Where there are overhead utilities along the right-of-way, street trees shall be placed at least ten (10) feet from such overhead lines or shall be smaller species that will not grow to a height that will interfere with overhead lines.

G.

Architectural Design Standards

1.

Articulation

Buildings having a ground floor area of twenty thousand (20,000) square feet or more shall conform to the following standards:

a.

No new building or group of attached buildings shall exceed a total building length of three hundred (300) feet.

b.

The building façade and massing shall be subdivided into a pleasing composition of building forms that incorporate changes in building façades, massing, and direction, multiple roof planes, recessed entrances, towers, cupolas, dormers, and other features that provide visual interest.

2.

Materials

a.

Building exteriors shall not be finished in metal siding, exposed concrete masonry units, or exposed concrete where visible from the street or sidewalk in either front or side yards. Textured or ribbed concrete masonry units may be permitted with approval by the Director.

b.

Security fencing shall be dark green, bronze, or black color. Fencing is prohibited in front yards. Razor wire is prohibited.

3.

Signs

Signs are allowed as per the Walton County Sign Ordinance.

(5-2-2006)

A.

Purpose and Intent

1.

To protect the livability of residential corridors along two-lane arterials by preserving their residential character and avoiding the emergence or expansion of commercial strips.

2.

To blend new uses into these areas and allow redevelopment or reuse of existing structures using designs that are compatible with the form, scale, massing and materials of existing residential uses and structures.

B.

Location of District

This corridor shall include all property abutting both sides of the highways designated by the Board of Commissioners.

C.

Principal Uses and Structures

Principal uses and structures shall be the same as those allowed in the underlying zoning districts in accordance with Article 5, Part 5-1 of this Ordinance with the following exceptions:

1.

Vehicle sales lots shall not be allowed.

2.

Drive-through windows shall only be allowed if a Conditional Use permit is approved.

3.

Gasoline fuel dispenser structures, vehicular services such as air pumps and car washes, drive-through service windows and drive-in facilities shall be located in the rear yard.

E.

Property Development Standards

1.

Lot Area

Minimum lot area shall be one (1) acre. However if a driveway is shared with an adjacent parcel, a minimum lot size of twenty-five thousand five hundred (25,500) shall be allowed, subject to approval of the Health Department.

2.

Minimum Lot Width — two hundred (200) feet.

3.

Front Setback Requirements

The front yard setback shall be approximately the same as the average setback of the adjacent principal uses within two hundred (200) feet on either side of the subject parcel. When there are not structures on each side, the setback shall be not less than forty (40) feet.

4.

Subdivision of parcels greater than five (5) acres with more than two (2) lots shall meet the minimum access requirements of Article 9, Section 9-1-110 D.

5.

Maximum Floor Area of Principal Structure

Individual buildings shall not exceed five thousand (5,000) square feet of floor area unless they are within one thousand (1,000) feet of a major intersection.

6.

Maximum Height

The maximum height of buildings shall be three (3) stories.

7.

Maximum Impervious Surface Coverage

The maximum impervious surface is forty percent (40%) of the lot.

8.

Parking

The number of off-street parking and loading spaces shall be provided in accordance with Article 7 of this Ordinance. The following additional regulations shall apply:

a.

Off-street parking shall be provided in rear yards or be enclosed within garages.

b.

The driveway shall be paved and provide a turnaround.

9.

Streets and Sidewalks

a.

Driveway location

(1)

No more than one (1) curb cut shall be permitted for each development, provided that properties with more than one (1) street frontage may have two (2) curb cuts.

(2)

Curb cuts and driveways shall not be permitted on any street that functions as an arterial or collector street when access may be provided from a side or rear street.

(3)

Entrances to garages and carports that serve a single residential unit shall face the rear yard, or a side yard that has no street frontage.

(4)

The Director may authorize a common or joint driveway for adjacent lots.

b.

Sidewalks

(1)

Public sidewalks are required on both sides of the main highway.

(2)

Sidewalks shall have a minimum width of five (5) feet and shall be placed a minimum of ten (10) feet behind the back of curb.

(3)

Sidewalks of variable width and alignment may be permitted by the Director when necessary to preserve an existing tree or to align with an existing sidewalk.

10.

Streetlights shall be required.

F.

Landscaping

1.

Street Trees

Street trees are required and shall be planted a maximum of forty (40) feet on center along a center line that shall be five (5) feet from back of curb or fifteen feet from edge of pavement if drainage ditches or swales are provided. All newly planted trees shall be a minimum of two (2) inches dbh and a minimum of six (6) feet in height, with a mature height of at least forty feet. Trees shall have a minimum mulched planting area of sixteen (16) square feet.

2.

A landscape strip at least ten (10) feet in width shall be provided adjacent to the right-of-way of all streets. This landscape strip shall preserve existing vegetation, and shall be enhanced with additional native shrubbery or landscape materials.

3.

Tree Preservation

Within each lot, at least twenty-five percent (25%) of existing healthy trees greater than six-inch caliper shall be preserved and incorporated into landscaping on the site when feasible.

G.

Architectural Design Standards

1.

Buildings shall be consistent with the architectural style typical of the residential character of Walton County. All buildings shall have pitched roofs with a minimum 5:12 slope and shall use at least two (2) of the following design features: dormers, gables, pillars, posts, covered front porch, bay windows.

2.

Principal structures shall be connected to the street with a sidewalk leading from the sidewalk along the street to the front door.

It is intended that front yard setbacks be similar among buildings sharing a block and located on the same side of the street. The minimum front yard setback requirements for buildings may be reduced by the Director when it exceeds the average setback of existing buildings located within the same block and zoning district fronting on the same side of the street. In cases where the average setback along a block face is more than ten (10) feet greater than the minimum required setback required by this Ordinance, the Director may require the new dwelling to be constructed with a setback not more than ten (10) feet less than that of an adjacent dwelling.

Only one (1) principal dwelling and its accessory buildings may hereafter be erected on any one (1) lot in any subdivision.

In the A, A1 and A2 Districts, a maximum of three (3) single family dwelling units may be permitted on a non-subdivision lot, subject to the following standards:

A.

The area of a lot that is subdivided for three (3) dwelling units pursuant to this Section shall be no less than twenty (20) acres.

B.

The lot area of a lot that is subdivided for two (2) dwelling units pursuant to this Section shall be no less than ten (10) acres.

C.

The minimum lot width and road frontage of the first dwelling unit shall be as required in the zoning district.

D.

Each additional dwelling unit will require an additional forty (40) feet of road frontage.

E.

All dwellings must meet the minimum setback requirements in the zoning district.

F.

All buildings shall be separated by at least twenty (20) feet.

G.

A Dwelling Location Plan shall be approved by the Director before any building permits shall be issued pursuant to this Section.

(5-2-2006)

The side of a corner lot having the least road frontage shall be deemed to be the front of the lot. All yard requirements for road frontage shall not be less than the minimum front yard requirements for that zoning district.

No part of a yard or other open space required for any building for the purpose of complying with the provisions of this Ordinance shall be included as part of a yard or other open space similarly required for another building. Every part of a required yard or court shall be open from its lowest point of sills, cornices, buttresses, ornamental features, chimneys, flues, and eaves, provided such projections shall not extend more than two (2) feet beyond the yard area requirements. Covered porches whether enclosed or unenclosed shall be considered as part of the main building and shall not project into any required yard. An open, unenclosed porch or hard surfaced terrace, steps, stoops and similar features of a building may project into a required front yard or rear yard for a distance not to exceed ten (10) feet, and into a side yard not more than five (5) feet.

The subsections on the following pages show the minimum lot size, minimum lot width and maximum coverage for each land development district according to the public facilities that are available with:

1.

Public sewer and public water

2.

Public sewer and well water

3.

Septic tanks and public water

4.

Septic tanks and well water.

This Section is established to show the minimum size, width, and height requirements for the land uses within the following districts. However, notwithstanding the standards of this Ordinance, no lot shall have a lesser area than that approved by the Walton County Board of Health for safe drinking water and septic tank operation.

**See district for restrictions on subdivisions.

***The minimum lot width shall be measured at the minimum required front setback. For lots located on cul-de-sacs or eyebrows, the minimum lot width at the minimum required front setback line shall not be less than fifty (50) feet. The minimum road frontage for all lots shall be forty (40) feet.

**See district for restrictions on subdivisions.

***The minimum lot width shall be measured at the minimum required front setback. For lots located on cul-de-sacs or eyebrows, the minimum lot width at the minimum required front setback line shall not be not less than fifty (50) feet. The minimum road frontage for all lots shall be forty (40) feet.

(7-6-2004; 5-2-2006)

This section provides a convenient summary of the minimum setbacks and yards for lots in all zoning districts and also provides a summary of the maximum height and minimum floor areas established in Article 4.

*See Article 12 Transitional Buffer Requirements.

(4-6-2004; 12-6-2005)

Amendments may include any of the following:

A.

Text Amendments

A change to the text of the Comprehensive Land Development Ordinance of Walton County.

B.

Map Amendments

A change to the "Official Land Development Maps of Walton County" that adds, changes, or enlarges zoning districts but not including updating of maps where base maps become available which update property boundary lines, streets or other features, or utilize improved mapping technology, the Board of Commissioners may incorporate such maps as updates of the Official Zoning Maps, so long as no changes are made to zoning district boundaries. Notations shall be made on each set of maps showing dates of such changes and shall be signed by designated representatives of the governing authorities, and all outdated maps shall be retained permanently as a matter of record.

C.

Conditional Use Permits

Allow the Board of Commissioners to approve a conditional use on a particular parcel without changing the zoning district. Such conditional uses shall only be authorized if it is a use listed as permitted use subject to issuance of a conditional use permit in the parcel's zoning district as listed in Article 5.

A.

The text of this Ordinance and the official zoning maps may be amended by the Board of Commissioners pursuant to a proposed ordinance introduced by one or more members of the Board of Commissioners or by the Planning Commission as a whole. In addition, amendments to the official zoning map may be initiated upon application by the owner(s) of the subject property or the authorized agent of the owner(s).

B.

Application for zoning amendments, rezonings or conditional use permits shall be made in writing using forms provided by the Department.

C.

Before enacting any amendment to this Ordinance or the official zoning maps the Board of Commissioners shall provide for the public notice and public hearings required by this Division.

Notice of public hearing on any amendment to this Ordinance, or application for rezoning, conditional use permit or amendment of the official zoning map shall be provided as follows:

A.

Written notice of each shall state the nature of the proposed change, and the date, time, and place of the public hearing before the Planning Commission and the Board of Commissioners and shall be mailed by First Class mail to the owners of all properties abutting and across the street from the property, as such property owners are listed on the tax records of Walton County.

B.

For each amendment to the official zoning map, and conditional use permits the Department shall post signs on the subject property at least fifteen (15) days before the hearing before the Planning Commission and sign will remain on site until the completion of the Board of Commissioners hearing. The sign shall state the case number, the nature of the proposed change, and the date, time and place of the public hearing before the Planning Commission and the Board of Commissioners.

C.

At least one (1) sign shall be posted on each street on which the subject property has frontage in a conspicuous location. Signs shall be double-faced and posted so that the face of the sign is at a right angle to the street to allow the signs to be read by the traveling public in both directions. The lettering on the signs shall be at least one-inch height.

D.

For each amendment to the text of this Ordinance, the official zoning map, and conditional use permit application, notice of the nature of the proposed change and the date, time and place of the public hearing before the Planning Commission and the Board of Commissioners shall be published in a newspaper of general circulation within the County in which are carried the legal advertisements of the County at least fifteen (15) days and not more than forty-five (45) days prior to the hearing before the Planning Commission and fifteen (15) days and not more than forty-five (45) days prior to the public hearing before the Board of Commissioners. For all proposed amendments to the official zoning map, the notice shall include the case number and the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property.

E.

When a proposed zoning or conditional use permit application decision relates to or will allow the location or relocation of a residential substance abuse facility, transitional housing facility, half-way house, or other facility for treatment of drug dependency, a public hearing shall be held and public notice provided on the action in accordance with O.C.G.A. § 36-66-4 as now or may be amended. This hearing before the Planning Commission shall be in addition to any hearing required by this Ordinance for proposed zoning or conditional use permits.

(4-6-2004; 4-1-2014)

The governing, calling, and conducting of the public hearings held by the Planning Commission and the Board of Commissioners for consideration of proposed zoning map or text amendments or conditional use permits shall be accomplished with the following policies and procedures:

A.

The Chairman shall indicate that a public hearing has been called for the consideration of zoning decisions. Thereupon each application shall be considered on an individual basis.

B.

When an application comes up for review, the Chairman may request that a spokesperson for the group be chosen so that the entire presentation of the positions of those in support of/opposition to the petition shall not exceed thirty (30) minutes.

C.

The County zoning staff shall present a report on the application and make their recommendations.

D.

The applicant shall be allowed a reasonable amount of time in which to present evidence to support the proposed amendment or conditional use permit.

E.

Those in favor of the proposed amendment or conditional use permit shall be allowed a minimum of ten (10) minutes, or the amount of time as prescribed by State of Georgia law, to speak in favor of the proposed amendment or conditional use permit.

F.

Those who oppose the proposed amendment or conditional use permit shall be allowed a minimum of ten (10) minutes, or the amount of time as prescribed by State of Georgia law, in which to speak in opposition to the proposed amendment or conditional use permit.

G.

The applicant may be allowed a reasonable amount of time in which to respond to any issues raised.

H.

The County zoning staff may make additional comments.

I.

The County Attorney may be asked to discuss any legal issues that have been raised.

J.

The Planning Commission or Board of Commissioners may then propound questions to any party present and may discuss the proposed amendment or conditional use permit.

K.

After the above procedures have been completed, the Chairman will indicate that the public hearing is formally closed.

L.

After the public hearing is closed:

1.

For hearings before the Planning Commission, the Planning Commission shall make recommendations on an application as provided in Section 4-4-180 of this Ordinance.

2.

For hearings before the Board of Commissioners, the Board of Commissioners shall take action on an application as provided in Section 4-4-190 of this Ordinance. Either the Planning Commission or the Board of Commissioners may place witnesses under oath and may require that the proceedings be recorded.

M.

Each speaker at the public hearing shall speak only to the merits of the proposed zoning decision under consideration and shall address remarks only to members of the Planning Commission or the Board of Commissioners. Each speaker shall refrain from personal attacks on any other speaker or the discussion of facts or opinions irrelevant to the proposed zoning decision under consideration. The Chairman may limit or refuse a speaker the right to continue if the speaker, after first being cautioned, continues to violate this subsection.

N.

Nothing herein shall be construed as prohibiting the Chairman from conducting the hearing in an orderly and decorous manner to assure that the public hearing on a proposed zoning decision is conducted in a fair and orderly manner.

A.

Any person or persons requesting a change in zoning or a conditional use permit shall file with the Director an application as described in Section 4-4-150 along with a fee, as set by the Board of Commissioners, to cover the administrative and advertising costs.

B.

Upon the proper filing of an application for a change in the zoning or conditional use permit, the Director shall establish dates for Public Hearings before the Planning Commission and the Board of Commissioners. An application filed on or before the first Friday of each month shall be scheduled for a public hearing before the Planning Commission in the subsequent month.

C.

The Department shall post on the subject property a sign advertising a Public Information meeting in conformance with Section 4-4-120.

D.

The Department shall cause notice of the public hearings to be provided as set forth in Section 4-4-120 above.

E.

The applicant or applicant's authorized agent shall appear in person at the public hearings held to consider the petition. The procedure for consideration of rezoning petitions shall be the same as set out herein for consideration of proposed amendments to this Ordinance or conditional use permits. The Board of Commissioners shall make the zoning decision as defined by O.C.G.A. § 36-66-3(4) on all rezoning petitions.

Each applicant seeking an amendment to the official zoning map or a conditional use permit shall complete all questions and requested materials contained within the required application form and shall provide the following information:

A.

Survey plat of subject property defining area to be rezoned.

B.

Name, mailing address, and phone number of all owners of the property which is the subject of the application for zoning amendment or conditional use.

C.

Signed and notarized affidavit of all owners of the subject property authorizing the filing of the application for zoning amendment or conditional use, and where applicable, the signed and notarized affidavit of the owner(s) of the subject property authorizing an applicant or agent to act on their behalf in the filing of the application for zoning amendment or conditional use permit. The application also shall contain the mailing address and phone number of any applicant or agent who is authorized to represent the owner(s) of the subject property.

D.

Written legal description of property.

E.

Statement of current zoning classification of property and classification which applicant is seeking in the official zoning map amendment.

F.

A site plan drawn to scale showing the proposed uses, subdivision of property, and approximate location of proposed buildings, parking, driveways, transitional land use buffers and landscaping, and other features.

G.

A written, documented, detailed analysis of the impact of the proposed zoning map amendment or conditional use with respect to each of the standards and factors specified in Section 4-4-160.

H.

Completion of traffic study and Developments of Regional Impact review application for those projects meeting the criteria set forth in Section 8-1-120.

A.

In ruling on any application for a zoning map amendment or conditional use permit, the Planning Commission and the Board of Commissioners shall act in the best interest of the health, safety, morals, and general welfare of the County. In doing so, the Planning Commission in its consideration of and recommendations concerning a petition requesting a zoning map amendment or conditional use permit, and the Board of Commissioners in its consideration and final decision concerning a petition requesting a zoning map amendment or conditional use permit, will consider the following factors as they may be relevant to the application:

1.

Existing uses and zoning of nearby property;

2.

The extent to which property values are diminished by the particular zoning restrictions;

3.

The extent to which the destruction of property values of the plaintiffs promotes the health, safety, morals or general welfare of the public;

4.

The relative gain to the public, as compared to the hardship imposed upon the individual property owner;

5.

The suitability of the subject property for the zoned purposes; and

6.

The length of time the property has been vacant as zoned, considered in the context of land development in the area in the vicinity of the property

B.

Conditional Use Permit Criteria

The following additional criteria shall be applied by the Department, the Planning Commission, and the Board of Commissioners in evaluating and deciding any application for a conditional use permit. No application for a conditional use permit shall be granted by the Board of Commissioners unless it is determined that in addition to meeting the requirements contained within applicable use standards in Article 6 and the zoning district in which the conditional use permit is located, satisfactory provisions and arrangements have been made concerning each of the following factors, all of which are applicable to each application:

1.

Adequate provision is made such as setbacks, fences, etc., to protect adjacent properties from possible adverse influence of the proposed use, such as noise, dust vibration, glare, odor, electrical disturbances, and similar factors.

2.

Vehicular traffic and pedestrian movement on adjacent streets will not be hindered or endangered.

3.

Off-street parking and loading and the entrances to and exits from such parking and loading will be adequate in terms of location, amount and design to serve the use.

4.

Public facilities and utilities are capable of adequately serving the proposed use.

5.

The proposed use will not adversely affect the level of property values or general character of the area.

C.

Staff Analysis and Findings of Fact

The Department shall conduct a site inspection on all applications for zoning map amendments or conditional use permits and shall investigate and prepare an analysis of each proposed amendment to the text of this Ordinance, each proposed amendment to the official zoning map, and each conditional use permit application. The Department shall provide the members of the Planning Commission a staff report containing complete information on each proposed amendment or conditional use permit application which the Commission considers including: a copy of the application and all supporting materials; all other written communications given to the staff either in support of or in opposition to the amendment or conditional use permit application; and the written report and recommendation of the Department on each proposed amendment or conditional use permit application. The findings and recommendations of the staff shall be made based on the appropriate standards and factors contained in Section 4-4-160. In any recommendation of approval of any application for an amendment or conditional use permit, the Department may recommend the imposition of conditions. The staff shall present its findings and recommendations in written form to the Planning Commission and the Board of Commissioners. Copies of the written findings and recommendations of the staff shall be reasonably made available to the applicant and the public.

A.

The Planning Commission may recommend, and the Board of Commissioners may approve a rezoning request or conditional use permit based upon the performance of certain conditions either prior to or in conjunction with the approval of a requested zoning change or conditional use permit. Such conditions shall be consistent with the purpose and intent of the district(s) involved and the goals and objectives of the Comprehensive Plan. All conditions shall be of sufficient specificity to allow lawful and consistent application and enforcement. Such conditions may include, but are not limited to, any of the following:

1.

An increase in the minimum size of any dwelling to be constructed on the property to be rezoned;

2.

Requirements for curbs and gutters;

3.

The provision of recreational areas and facilities;

4.

The construction of sidewalks or walkways;

5.

The elimination of permitted land uses within the area to be rezoned;

6.

The adoption of certain architectural standards;

7.

The provision of screening or other measures to protect scenic values;

8.

Minimum landscaping requirements; and

9.

Any other reasonable condition which will ameliorate the impact of the land use change requested.

B.

Once imposed, conditions shall become an integral part of the approved amendment or conditional use permit and shall be enforced as such.

C.

Modifications and Changes to Conditional Zoning Amendments. The Director shall have sole authority to approve minor changes to conditions attached to an approved zoning amendment or conditional use. Minor changes are those that implement only slight alterations to the approved conditions, made necessary by actual field conditions at the time of development, that do not alter the impact of the development on nearby properties nor the intent or integrity of the conditions as originally imposed. Any request for a minor change of conditions shall be made in written form to the Director. If an approved site plan exists, the request for minor change shall be accompanied by three (3) copies of the revised site plan.

D.

Any major change to conditions attached to an approved zoning amendment or conditional use shall require an application and hearing before the Planning Commission and the Board of Commissioners as is required in this Division for amendments to the official zoning map generally. Without limiting the meaning of the phrase, the following shall be deemed to constitute "major change" for purposes of interpreting this Section:

1.

The movement of any building or structure closer to the nearest exterior boundary line of the property;

2.

Any increase in the number of dwelling units or any increase in the total amount of floor space of any nonresidential building;

3.

Any change in any buffer requirement(s) imposed in the original conditional zoning amendment;

4.

Any increase in the height of any building or structure; or

5.

Any change in the proportion of floor space devoted to different authorized uses.

A.

The Planning Commission, after a public hearing with public notice as is required by this Division, shall investigate the proposal and vote its recommendation to the Board of Commissioners. The Planning Commission may recommend approval of the application, approval of the application with conditions, denial of the application or deferral of the application. If necessary, the Department shall re-advertise the public hearing before the Planning Commission in accordance with the provisions of Section 4-4-120.

B.

In its recommendation of any application for an amendment or conditional use permit, the Planning Commission may recommend the imposition of conditions in accordance with Section 4-4-170 of this Article. All findings and recommendations of the Planning Commission relating to amendments to the official zoning maps, amendments to the text of this Ordinance, or conditional use permits shall be made based on each of the standards and factors contained in Section 4-4-160 of this Article. The Secretary of the Planning Commission shall make and maintain a written record of the Planning Commission's investigation and recommendations; this record shall be a public record.

A.

Following review and recommendation from the Planning Commission, the Board of Commissioners, after conduct of a public hearing with public notice as is required by this Division, shall vote to:

1.

Approve the proposed amendment or conditional use; or

2.

Approve the proposed amendment or conditional use with conditions; or

3.

Deny the proposed amendment or conditional use; or

4.

Defer the proposed amendment or conditional use to a certain time; or

5.

Refer the decision or application back to the Planning Commission for further investigation.

If the Board of Commissioners shall vote to refer the amendment or conditional use permit back to the Planning Commission for further investigation, the Department shall re-advertise the dates of the public hearings before the Planning Commission and the Board of Commissioners in accordance with Section 4-4-120. No proposed amendment to the text of this Ordinance, amendment to the official zoning map, or conditional use permit application shall be approved except by the majority vote of the members of the Board of Commissioners.

B.

In the approval of any proposed amendment to the official zoning map or conditional use permit application, the Board of Commissioners may impose conditions in accordance with Section 4-4-170 of this Article. For each proposed amendment to the official zoning map or conditional use permit application, the analysis submitted by the applicant, if any, the record prepared by the Planning Department, and the record prepared by the Planning Commission shall be presented in written form to and reviewed by each member of the Board of Commissioners. A limited supply of said findings shall be available at the public hearing and available upon request to the public. All decisions of the Board of Commissioners relating to each proposed amendment to the text of this Ordinance, each proposed amendment to the official zoning map, and each application for a conditional use permit shall be made based on each of the standards and factors contained in Section 4-4-160.

C.

Variances and Conditions of Rezoning-In enacting an ordinance designating a zoning district change on a parcel of land, the Board of Commissioners may enact a plan which provides for variances and conditions of the rezone. After the approval of any such rezone or concept plan by the Board of Commissioners, no action is required by the Board of Appeals with respect to such variances or conditions of rezoning approved by the Board of Commissioners.

(12-2-2003)

Applications may only be withdrawn prior to the first time they are publicly advertised for public hearing before the Planning Commission. Application fees shall be refunded in such a case.

Changes prior to notice of hearing: Substantial changes in original proposals may be made prior to publication of notice of hearing by mutual agreement between the Department and other affected parties; provided that where such changes require major alteration of previously prepared reviews and recommendations of the Department in relation to applications by property owners, a second application fee shall be required.

Changes during Board of Commission consideration: During the Board of Commissioners' consideration of proposed amendment, no amendment shall be passed which differs substantially from the proposal on which the public hearing was held unless the proposed change is submitted to the Department for its consideration and a new public hearing advertised and held.

The Clerk of the Board of Commissioners shall, within ten (10) days from action of the Board of Commissioners on each proposed amendment to the text of this Ordinance, each proposed amendment to the official zoning map, and each application for a conditional use permit provide to the Director a signed and certified copy of each such ordinance. The Director shall thereafter cause the official zoning maps to be changed in accordance with any such approved ordinance together with a numerical entry referring to the application on file.

If a rezoning request for a property is denied by the Board of Commissioners, then the same property may not again be considered until the expiration of at least six (6) months immediately following the denial of the rezoning request by the Board of Commissioners.