71.1. R-I Single-Family Residential Districts.

71.1.1. Intent of district. This district is intended to be used for single-family residential areas with low population densities. Additional uses allowed only by special exception, include related noncommercial, recreational, religious, and educational facilities normally required to provide the basic elements of a balanced and attractive residential area. These areas are intended to be defined and protected from the encroachment of uses not performing a function necessary to the residential environment.

71.1.2. Permitted uses. Within the R-1, Single-Family Residential District, the following uses are permitted:

(1)

Single-family dwellings.

(2)

Accessory buildings and uses when located on the same lot or parcel of land as the main structure and customarily incident thereto and provided the requirements in section 93 are met.

(3)

Home swimming pools, provided that (1) the location of such is not closer than ten (10) feet to any property line; (2) the pool is enclosed by a wall or fence of at least four (4) feet in height; and (3) approval from the building and transportation department has been obtained.

(4)

Public utility structures and buildings provided installation is properly screened as required by section 67 and is required for service of the immediate area. No office shall be permitted, and no equipment shall be stored on the site.

(5)

Signs as provided in the City of Warner Robins Code of Ordinances chapter 6, article IX, Advertising and Signs.

(6)

Modular homes as defined above.

71.1.3. Uses allowed only by special exception. The following uses may be allowed only by special exception after a public hearing and approval by the planning and zoning commission in accordance with the provisions of section 114:

(1)

Churches and related accessory buildings, provided they are located on a lot fronting an arterial or collector street and are placed not less than fifty (50) feet from any property line.

(2)

Golf, swimming, tennis, or country clubs, publicly and privately owned and operated community clubs or associations, athletic fields, parks, and recreation areas, provided that no building for such purposes is located within one hundred (100) feet of any property line and also provided that any activity associated with such use which generates excessive or unusual light or noise shall not be located closer than two hundred fifty (250) feet to any residential structure in a residential zoning district.

(3)

Home business provided the requirements in section 95 are met.

(4)

Public and private schools and libraries excluding business and trade schools.

(5)

Group homes and personal care homes provided the requirements of section 97 are met.

71.2. R-2 Single-Family Residential District.

71.2.1. Intent of district. This district is intended to be used for single-family residential areas with low-to-medium population densities. Additional uses allowed only by special exception, include related noncommercial, recreational, religious and educational facilities normally required to provide the basic elements of a balanced and attractive residential area. These areas are intended to be defined and protected from the encroachment of uses not performing a function necessary to the residential environment.

71.2.2. Permitted uses. Within the R-2 district, the following uses are permitted:

(1)

Any use permitted in an R-1 district.

71.2.3. Uses allowed only by special exception. The following uses may be allowed only by special exception by the planning and zoning commission in accordance with the provisions of section 114.

(1)

Any use allowed only by special exception in an R-1 district.

(2)

Group homes and personal care homes provided the requirements of section 97 are met.

71.3. R-3 General Residential District.

71.3.1. Intent of district. This is a residential district to provide for a medium population density. The district permits an intermixture of dwelling types; to provide more interesting aesthetic categories of dwellings; and to situate these uses where they are well served by public and commercial services.

71.3.2. Permitted uses. Within the R-3 district, the following uses are permitted:

(1)

Any use permitted in an R-2 district.

(2)

Two-family dwellings (duplex).

(3)

Single-family attached dwellings provided the requirements in sections 90 and 92 are met.

(4)

Single-family semi-detached dwellings.

71.3.3. Uses permitted by special exceptions. The following uses may be allowed only by special exception by the planning and zoning commission in accordance with the provisions of section 114:

(1)

Any use allowed by special exception in an R-1 district.

(2)

Group homes and personal care homes provided the requirements of section 97 are met.

71.4. R-4 Multi-Family Residential District.

71.4.1. Intent of district. This is a residential district to provide for higher population densities. The principal uses of land may range from single-family to multiple-family apartment uses. Certain uses which are more compatible functionally with intense residential uses than with commercial uses are allowed only by special exception.

71.4.2. Permitted uses. Within the R-4 district, the following uses are permitted:

(1)

Any use permitted in an R-3 district.

(2)

Multi-family dwellings.

71.4.3. Uses allowed by special exception. The following uses may be allowed only by special exception by the planning and zoning commission in accordance with the provisions of section 114:

(1)

Any use allowed only by special exception in an R-1 district.

(2)

Hospitals, sanitariums, clinics, convalescent or nursing homes, provided that the lot fronts on an arterial or major collector street.

(3)

Clubs and lodges, provided that food service facilities are limited to members and their guests.

(4)

Medical, dental, or chiropractic office, clinic, and/or laboratory.

(5)

Professional office uses.

(6)

Group homes and personal care homes provided the requirements of section 97 are met.

71.5. R-MH Manufactured Home Residential District.

71.5.1. Intent of district. The intent of this district shall be to provide adequate locations and densities for manufactured home parks, individual manufactured homes and other uses permitted by these regulations within this district.

71.5.2. Permitted uses. Within an MHP district, the following uses are permitted:

(1)

Any use permitted in an R-1 district.

(2)

Individual manufactured homes.

(3)

Manufactured home parks as provided for in section 91.2.

(4)

Service and auxiliary buildings located and specifically designed to serve only the residents of one (1) manufactured home park, not to include automobile or manufactured home repair facilities or repair facilities of any type. Permitted buildings shall be limited to the following uses:

(a)

Manufactured home park management office.

(b)

Storage for maintenance tools, equipment, and supplies.

(c)

Residence for the exclusive use of a watchman, caretaker, owner or manager of a manufactured home park.

(d)

Recreation, assembly, and laundry facilities for the exclusive use of the manufactured home residents and their guests.

71.5.3. Uses allowed only by special exception. The following uses may be allowed only by special exception by the planning and zoning commission in accordance with the provisions of section 114.

(1)

Any use allowed by special exception in an R-1 district.

71.6. R-AG Agricultural Residential District.

71.6.1. Intent of district. This district is established to protect rural areas against the blight and depreciation which can result from premature development; to encourage the development of rural areas in a coordinated and orderly manner; to protect the use of land adjoining roads passing through the rural portions of the county against strip development which can lead to traffic congestion and traffic hazards.

71.6.2. Permitted uses. Within an R-AG agricultural district, the following uses are permitted:

(1)

Single-family dwellings.

(2)

Accessory buildings and uses when located on the same lot or parcel of land as the main structure and customarily incident thereto and provided the requirements in section 93 are met.

(3)

Home swimming pools, provided that (1) the location of such is not closer than ten (10) feet to any property line; (2) the pool is enclosed by a wall or fence of at least four (4) feet in height; and (3) approval from the building inspections department has been obtained.

(4)

Agricultural crops, including the raising of livestock and poultry, provided that all animals and fowl (except those generally recognized as household pets) shall be kept in a structure, pen, or corral, and that no structure containing livestock or poultry and no storage of manure or odor or dust-producing substance or use shall be located within fifty (50) feet of any property line.

(5)

Churches and related accessory buildings, provided they are located on a lot fronting an arterial or collector street and are placed not less than fifty (50) feet from any property line.

(6)

Public utility structures and buildings provided installation is properly screened as required in section 67. No office shall be permitted, and no equipment shall be stored on the site.

(7)

Individual manufactured homes.

71.6.3. Uses permitted by special exception. The following uses may be permitted as a special exception by the planning and zoning commission in accordance with the provisions of section 114.

(1)

Public or privately owned and operated golf, swimming, tennis, or country clubs, community clubs or association, fishing and hunting clubs, athletic fields, parks and other recreation areas, provided that no building for such purposes is located within one hundred (100) feet of any property line.

(2)

Home occupations provided the requirements in section 95 are met.

(3)

Kindergartens, playschools, and day care centers and day care homes.

(4)

Private schools and libraries.

(5)

Cemeteries, provided they are located abutting a paved road and are screened six (6) feet from adjoining properties.

(6)

Tenant houses, and one-family dwellings, when located on the same lot or tract as the principle residence, on the basis of one-residence structure for each five (5) acres in addition to the minimum lot area required for the principle residence, and subject to all the yard requirements of this district.

(7)

Sale of products and commodities raised on the premises provided that no structure for such sales shall be closer than twenty-five (25) feet to either the front or side property lines.

(8)

Riding stable and academics, provided that no structure, pen or corral housing animals shall be closer than two hundred (200) feet to any property line.

(9)

Sanitariums, rest homes, hospitals, and animal kennels.

(10)

Airplane landing fields including flight strips and helicopter ports and accessory facilities.

(11)

Radio or television transmission stations.

(12)

Quarries and strip mining operations subject to the requirements of the Georgia Surface Mining Act of 1968, and provided that all operations are screened from the view of adjoining roads and properties.

(13)

Temporary or portable sawmills for the cutting of timber on adjacent land and provided that all operations are screened from the view of adjoining roads and properties.

(14)

Additional dwellings on a single lot, provided the requirements of section 107 are met.

(15)

Sanitary landfills subject to the provisions of the Georgia Solid Waste Management Act and the rules of the Georgia Department of Natural Resources governing solid waste management.

(16)

Group homes and personal care homes provided the requirements of section 97 are met.

72.1. C-1 Neighborhood Service Commercial District.

72.1.1. Intent of district. The C-1 district is specifically intended to provide for the customary retail and service needs of a residential neighborhood and other land uses intended to serve the immediate vicinity or neighborhood as the primary service area.

72.1.2. Required conditions.

(1)

All sales, business, servicing, storage, or processing shall be conducted within a completely enclosed building except where the nature of the activity makes it impossible, as for example, off-street loading, automobile parking for customers while on the premises, and the sale of automobile fuel at service stations. No more than twenty (20) percent of the floor space is to be used for storage.

(2)

Uses, processes, or equipment employed shall be limited to those which are not objectionable by reason of odor, dust, bright lights, smoke, noise, or vibration.

(3)

No sale of beer or wine for consumption on the premises, except with meals.

(4)

Products to be sold only at retail.

(5)

No sale, display, or storage of second-hand merchandise except as incidental to sale of new merchandise.

(6)

Lot must front onto an arterial or collector street.

(7)

Off-street parking shall not require backing or maneuvering into the right-of-way of a public street.

72.1.3. Permitted uses. Within the C-1 district, the following uses are permitted:

(1)

Retail business involving the sale of merchandise on the premises, in stores having a size under three thousand five hundred (3,500) square feet.

(a)

Book, magazine and newspaper stores (except those marketing adult-oriented merchandise).

(b)

Candy store.

(c)

Delicatessen.

(d)

Drugstore or pharmacy (excluding those marketing comparison shopping goods).

(e)

Photographic, camera or art store, providing such art is not adult-oriented material.

(f)

Grocery store.

(g)

Bakery providing goods baked on premise are sold retail only.

(h)

Butcher shop or poultry/fish store providing no slaughter on premises.

(i)

Convenience store.

(j)

Florist shop.

(k)

Gift or curio shop or antique shop.

(l)

Bicycle repair shop.

(m)

Insurance agency.

(n)

Jewelry and watch repair shop.

(o)

Real estate agency.

(p)

Hobby and toy stores.

(2)

Businesses in facilities having a size under three thousand five hundred (3,500) square feet involving the rendering of a personal service or the repair and servicing of small equipment, limited to:

(a)

Barber shop, beauty shop, or combination thereof.

(b)

Dressmaker, seamstress, tailor.

(c)

Dry cleaning and/or laundry self-service facilities and pick-up station.

(d)

Office for governmental, business, professional, or general purpose (but no storage of vehicles or equipment on the premises is permitted except emergency vehicles).

(e)

Studio offering instruction in art, music, dancing, drama, or similar cultural activity.

(f)

Shoe repair shop.

(3)

Other land uses intended to serve the immediate vicinity of neighborhoods or the primary service area, limited to:

(a)

Private or semi-private club, lodge, union hall or social center.

(b)

Church, synagogue, or other place of worship.

(c)

Publicly-owned and operated building, facility, or land (but overnight storage of vehicle or equipment other than emergency vehicles on the premises is not permitted).

(d)

Kindergarten, play schools, and day care centers and homes.

(e)

Accessory buildings and uses when located on the same lot or parcel of land as the main structure and customarily incident thereto, provided the requirements in section 93 are met.

(f)

Public utility substation or other installation provided that such use is adequately screened as required by section 67, and there is neither commercial operation nor storage of vehicles or equipment on the premises.

(g)

Group homes and personal care homes provided the requirements of section 97 are met.

(h)

Assisted living facilities, nursing homes, personal care homes and similar uses.

72.1.4. Uses allowed only by special exception. The following uses may be allowed only by special exception by the planning and zoning commission in accordance with the provisions of section 114:

(1)

Locksmith or gunsmith.

(2)

Automobile service station, provided no automobile repair is performed and the requirements in section 96 are met.

(3)

Restaurants, grills, and lunch counters having a size under three thousand five hundred (3,500) square feet (but not including night clubs, bars, taverns, liquor stores, drive-in restaurants, or curb-service establishments).

(4)

Dry cleaning or laundry establishments, providing that only laundering, cleaning or pressing done on the premises involves only articles delivered to the premises by individual customers. This is intended to exclude laundering and dry cleaning centralized plants serving multiple locations and/or route pickups.

(5)

Branches of banks and savings and loan associations.

(6)

Halfway houses.

72.2. C-2 General Commercial District.

72.2.1. Intent of district. The intent of this district shall be to provide a commercial district designed to serve the community at-large consisting of a wide variety of sales and service facilities and locations that will be accessible to all shoppers, as well as serving the motoring public.

72.2.2. Required conditions.

(1)

All businesses, servicing, storage, or processing shall be conducted within a completely enclosed building except where the nature of the activity makes it impossible, as, for example, off-street loading, automobile parking for customers while on the premises, miniature golf courses, and the sale of automobile fuel at service stations.

(2)

Uses, processes, and equipment employed shall be limited to those which are not objectionable by reason of odor, dust, bright lights, smoke, noise or vibration.

72.2.3. Permitted uses. Within the C-2 General Commercial District, the following uses are permitted:

(1)

All uses permitted and allowed only by special exception in C-1 district, without regard to size of establishment.

(2)

Amusement enterprises, such as miniature and Par-3 golf, golf-driving ranges, skating rinks, coin-operated amusement centers, "go-cart"-type miniature auto racing tracks and similar enterprises, provided that any such "go-cart"-type miniature auto racing tracks shall be at least two hundred fifty (250) feet from any residential structure in a residentially-zoned district.

(3)

Motels and hotels which shall contain a minimum lot area of forty thousand (40,000) square feet.

(4)

Automobile repair garage, mechanical and body, provided all operations are conducted in a building. Within one hundred (100) feet of a residential district, no openings, other than a stationary window, shall face a residential district. An automobile repair garage shall not store or otherwise maintain any parts or waste material outside such buildings.

(5)

Bus and railroad terminal facilities.

(6)

Restaurants, including drive-in establishments provided that when such a drive-in establishment abuts a residential district, it shall be separated from such district by a six-foot high buffer (as defined in section 32) and having no light shining directly into residential districts.

(7)

Theatres, including drive-in theaters, provided acceleration and deceleration lanes of at least two hundred (200) feet in length are provided for the use of vehicles entering or leaving the theatre and the volume or concentration of traffic will not constitute a safety hazard or unduly impede highway traffic movements, and provided the screen is not visible from any expressway, freeway, arterial, or collector street located two thousand (2,000) feet from such screen.

(8)

Travel trailer parks provided the requirements in section 91 are met.

(9)

Bars, taverns and night clubs.

(10)

Any retail business or commercial use in which there is no processing or treatment of materials, goods, or products (except for merchandise for sale on the premises, or as otherwise provided for herein), including:

(a)

General farming equipment and horticulture sales.

(b)

Furniture, home furnishings, office furniture, and equipment.

(c)

Automobile, travel trailer, farm equipment and implements, and mobile home sales (new and used) which need not be enclosed, by any mechanical or body repair must be conducted entirely within a structure which shall not have any opening, other than a stationary window, within one hundred (100) feet of a residential district and provided further that all vehicles on a used vehicle or equipment sales lot must be in operating condition at all times.

(d)

Produce sales and farmers market.

(e)

Package liquor stores.

(f)

Clothing stores.

(g)

Hardware stores.

(h)

Variety stores (dollar stores).

(i)

Record/music stores.

(j)

Jewelry stores.

(k)

Sporting goods.

(l)

Paint stores.

(m)

Pet stores.

(11)

Golf, swimming, tennis, or country clubs, privately owned and operated community clubs, or recreational areas provided that any activity associated with such uses which generate excessive or unusual noise or light shall not be located closer than two hundred fifty (250) feet of any residential structure in a residential zoning district.

(12)

Public utility structure 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 required in section 67.

(13)

Places of assembly, including auditoriums, stadiums, coliseums, and dance halls provided that any activity associated with such uses which generates excessive or unusual noise or light shall not be located closer than two hundred fifty (250) feet to any residential structure.

(14)

Public and private schools and libraries.

(15)

Board and rooming houses.

(16)

Food locker plant renting lockers for the storage of food, including sale of retail delivery, and cutting package of meats but not including slaughtering.

(17)

Printing, blueprinting, book binding, photostating, lithography, and publishing establishments.

(18)

Undertaking, mortuary, crematory or funeral establishments and ambulance services.

(19)

Hospitals, clinics, sanitariums, convalescent or nursing homes.

(20)

Commercial parking garage or lot provided no entrance or exit be on the same side of the street and within the same block as an elementary school and that curb breaks be limited to two (2) for each one hundred (100) feet of street frontage, each not to exceed thirty (30) feet in width and not closer than twenty (20) feet to a street intersection.

(21)

Temporary uses including sale of Christmas trees, tents for revivals, carnivals, church bazaars, sale of seasonal fruit and vegetables from roadside stands, but such use not permitted for a period to exceed two (2) months in any calendar year.

(22)

Veterinary hospital, kennel, or clinic provided any structure used for such purpose shall be a minimum of one hundred (100) feet from any residential district.

(23)

Automobile laundry or car wash provided that a paved area shall be located on the same lot for the storage of vehicles awaiting entrance to the washing process sufficient to contain a number of vehicles [at two hundred (200) square feet per vehicle] equal to one-third (⅓) of the practical hourly capacity of the washing machines and in addition that curb breaks be limited to two (2), each not to exceed thirty (30) feet in width, and located not closer than twenty (20) feet to an intersection.

(24)

Appliance, television, or radio repair with no outside storage of such or of parts of such.

(25)

Furniture repair or upholstering (but not furniture manufacturing).

(26)

Indoor shooting ranges.

(27)

Self-storage facilities. Uses not related to the short-term storage of household items and non-hazardous, non-perishable durable goods are prohibited at self-storage facilities, this includes storage of hazardous items, perishable goods or animals, and use as a residence, office, workshop, studio, band rehearsal area or place of business.

(28)

Group homes and personal care homes provided the requirements of section 97 are met.

72.2.4. Uses allowed only by special exception. The following uses may be permitted as a special exception by the planning and zoning commission in accordance with the provisions of section 114:

(1)

Appliance, television, or radio repair with outside storage of such or of parts of such provided a buffer is planted and maintained.

(2)

Building and lumber supply establishments provided that:

(a)

The entire storage area is properly screened as required in section 67 or for a height greater as required to adequately screen such area, and

(b)

Any machine operations be conducted entirely within a building which shall not have any opening facing a residential district, other than a stationary window, within one hundred (100) feet of a residential district.

(3)

The repair of electric components and the assembly of electric components, subassemblies and small systems composed of plastic, vinyl or other materials, under the following restrictions:

(a)

No manufacturing or goods from raw materials shall be allowed;

(b)

All such operations must be conducted indoors;

(c)

Such operations shall be limited to building structures with less than ten thousand (10,000) square feet; and

(d)

No more than twenty (20) percent of the total square footage of any building shall be used for the storage of any type materials and/or goods, whether assembled or unassembled.

(4)

Halfway houses.

72.3. C-3 Concentrated Commercial District.

72.3.1. Intent of district. The intent of this district is to allow a more intense use of land for both commercial and residential uses in an area that is adjacent and complementary to the central business district of the city. The specific purposes of the district are to:

(1)

Accommodate mixed-use buildings with neighborhood-serving retail, service, and other uses on the ground floor and residential units above the nonresidential space;

(2)

Encourage development that exhibits the physical design characteristics of pedestrian-oriented, storefront-style shopping streets; and

(3)

Promote the health and well-being of residents by encouraging physical activity, alternative transportation, and greater social interaction.

72.3.2. Definitions. When used in these regulations the following words and phrases shall have the meaning given in this section:

(1)

Accessory parking is parking that is available on or off-site that is not part of the uses' minimum parking standard.

(2)

Floor area ratio means the ratio of a building's gross floor area to the area of the lot on which the building is located.

(3)

Gross floor area is the sum of the gross horizontal areas of all floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) buildings. Gross floor area does not include basements when at least one-half (½) the floor-to-ceiling height is below grade, accessory parking, attic space having a floor-to-ceiling height less than seven (7) feet, exterior balconies, uncovered steps, or inner courts.

(4)

Mixed-use building means a building that contains at least one (1) floor devoted to allowed nonresidential uses and at least one (1) devoted to allowed residential uses.

72.3.3. Permitted uses. Uses are allowed in the mixed-use development district in accordance with the use table of this section.

Use Categories: Residential, Public and Civic, Commercial, Industrial and Other
P = Permitted C = Conditional Use N = Not Allowed

72.3.4. Commercial establishment size limits. The gross floor area of commercial establishments in the mixed-use development district shall not exceed fifteen thousand (15,000) square feet.

72.3.5. Indoor/outdoor operations. All permitted uses in the mixed-use development district must be conducted within completely enclosed buildings unless otherwise expressly authorized. This requirement does not apply to off-street parking or loading areas, automated teller machines, or outdoor seating areas.

72.3.6. Floor-to-floor heights and floor area of ground-floor space.

(1)

All commercial floor space provided on the ground floor of a mixed-use building must have a minimum floor-to-ceiling height of eleven (11) feet.

(2)

All commercial floor space provided on the ground floor of a mixed-use building must contain the following minimum floor area:

a.

At least eight hundred (800) square feet or twenty-five (25) percent of the lot area (whichever is greater) on lots with street frontage of less than fifty (50) feet; or

b.

At least twenty (20) percent of the lot area on lots with fifty (50) feet of street frontage or more.

72.3.7. Lot area per unit (density). The minimum lot area per dwelling unit shall be one thousand (1,000) square feet for mixed-use buildings and one thousand five hundred (1,500) square feet for all other buildings.

72.3.8. Floor area ratio. The maximum FAR shall be 2.0 for mixed-use buildings and 1.25 for all other buildings.

72.3.9. Setbacks.

(1)

The entire building façade must abut front and street side property lines or be located within ten (10) feet of such property lines.

(2)

The minimum rear setback is zero (0) to thirty (30) percent of the lot depth.

(3)

No interior side setbacks are required in the mixed-use development district, except when MUDD-zoned property abuts R-zoned property, in which case the minimum side setback required in the MUDD District shall be the same as required for a residential use on the abutting R-zoned lot.

72.3.10. Building height. The maximum building height shall be thirty-eight (38) to fifty (50) feet for mixed-use buildings and thirty-five (35) to forty-seven (47) feet for all other buildings.

72.3.11. Off-street parking. See section 62: Off-street automobile parking in zoning ordinance for off-street parking requirements. No off-street parking is required for nonresidential uses in the MUDD District unless such uses exceed three thousand (3,000) square feet of gross floor area, in which case off-street parking must be provided for the floor areas in excess of three thousand (3,000) square feet. Off-street parking spaces must be located to the rear of the principal building or otherwise screened so as to not be visible from public right-of-way or residential zoning districts.

72.3.12. Transparency.

(1)

A minimum of sixty (60) to seventy-five (75) percent of the street-facing building façade between two (2) feet and eight (8) feet in height must be comprised of clear windows that allow views of indoor space or product display areas.

(2)

The bottom of any window or product display window used to satisfy the transparency standard of paragraph (1) above may not be more than three (3) to four and one-half (4.5) feet above the adjacent sidewalk.

(3)

Product display windows used to satisfy these requirements must have a minimum height of four (4) feet and be internally lighted.

72.3.13. Doors and entrances.

(1)

Buildings must have a primary entrance door facing a public sidewalk. Entrances at building corner may be used to satisfy this requirement.

(2)

Building entrances may include doors to individual shops or businesses, lobby entrances, entrances to pedestrian-oriented plazas, or courtyard entrances to a cluster of shops or businesses.

72.3.14. Vehicle and driveway access. No curb cuts are allowed for lots that abut alleys.

72.3.15. Landscaping. Minimum standards for landscaping are necessary to ensure that higher standards of site planning are realized and to tie the separate elements of the mixed use development together. Refer to the City of Warner Robins' Tree Preservation and Landscaping Ordinance for requirements and standards.

(Ord. No. 32-14, 11-3-14)

73.1. M-1 Wholesale and Light Industrial District.

73.1.1. Intent of district. The intent of this district shall be to create and protect areas for wholesale and light industrial uses and to provide performance standards for the operation of such uses. It is further intended that no new residential uses shall be permitted.

73.1.2. Permitted uses. Within the M1 Wholesale and Light Industrial District, the following uses are permitted:

(1)

All permitted uses in a C-2 General Commercial District except multi-family dwellings.

(2)

Ice plants.

(3)

Contractor's storage and equipment yards when located entirely within a building or fenced area as required in section 67.

(4)

Building and lumber supply establishments provided entire storage area is properly screened as required in section 67, or for a greater height as required to adequately screen such areas, and that any machine operations be conducted entirely within a building which shall not have any opening facing a residential district, other than a stationary window, within one hundred (100) feet of a residential district.

(5)

Wholesale warehouses and distribution of materials or commodities.

(6)

Auto auctions.

(7)

Trade shops including sheet metal, roofing, upholstering, electrical, plumbing, venetian blind, cabinet making and carpentry, rug and carpet cleaning, and sign painting provided that all operations are conducted entirely within a building which shall not have any opening facing a residential district other than stationary windows, within one hundred (100) feet of any residential district.

(8)

Establishments for manufacture, repair assembly, or processing including:

(a)

Confectionery manufacture.

(b)

Clothing and garment manufacture.

(c)

Laboratories for testing materials, chemical analysis, photography processing.

(d)

Manufacture and assembly of scientific, optical, and electronic equipment.

(e)

Manufacture of musical instruments and parts.

(f)

Manufacture of souvenirs and novelties.

(g)

Manufacture of toys, sporting, and athletic goods.

(9)

Food processing plants, such as commercial bakeries, meat packers, fish and poultry houses which do not involve the slaughtering or cleaning of animal carcasses on the premises.

(10)

Bottling works for soft drinks.

(11)

Frozen food and milk bottling, distribution, and processing plants.

(12)

Truck terminals provided that acceleration lanes of at least two hundred (200) feet are provided for trucks entering and leaving the site and that truck traffic so generated will not create a safety hazard or unduly impede traffic movement.

(13)

Any other establishments for the manufacture, repair, assembly, or processing of materials similar in nature to those listed in this section which are not objectionable by reason of smoke, dust, odors, bright lights, noise or vibration, or which will not materially contribute to the congestion of traffic.

(14)

Above-ground tanks for the storage of gasoline, liquefied petroleum gas, oil, or other inflammable liquids or gases provided that (1) they are located within a totally-enclosed facility; and (2) all pertinent rules and regulations of the Georgia Safety Fire Commissioner are met.

73.2. M-2 Industrial District.

73.2.1. Intent of district. The intent of this district shall be to create and protect areas for industrial use and to provide performance standards for the operation of such uses. It is further intended that no new residential uses shall be permitted.

73.2.2. Permitted uses. Within the M-2 Industrial District, the following uses are permitted:

(1)

All permitted uses in M-1 Wholesale and Light Industrial District.

(2)

Agriculture, forestry, livestock, and poultry processing, provided that the operation is conducted on a tract of land not less than ten (10) acres in area, and that no structure containing poultry or livestock and no storage of manure or odor- or dust-producing substance or use shall be located within two hundred (200) feet of a property line. All animals (except those generally recognized as pets) shall be kept in a structure, pen, or corral.

(3)

Dwelling, including a mobile home, for the exclusive use of a watchman or caretaker when located on the same tract as the industrial use and subject to all dimensional and area requirements of the R-4 Multi-Family Residential District.

(4)

Manufacturing, assembling, processing, fabricating, repair and servicing of any commodity or product, subject to the performance standards for nonresidential uses given in section 99.

(5)

Outside above-ground tanks for the storage of gasoline, liquefied petroleum gas, oil, or other inflammable liquids or gases provided that all pertinent rules and regulations of the Georgia Safety Fire Commission are met and facilities used for the storage of inflammable liquids or gases are not located any closer than five hundred (500) feet of any residential district.

73.2.3. Uses allowed only by special exception. The following uses may be permitted as a special exception by the planning and zoning in accordance with the provisions of section 114:

(1)

Junkyards provided the following provisions are met:

(a)

No such operation shall be permitted to locate closer than three hundred (300) feet to a residential district and no closer than fifty (50) feet to any property line.

(b)

No such operation shall be permitted to locate on or facing a state or federal highway.

(c)

All such operations shall be completely enclosed by a buffer or wall, in accordance with the provisions of section 67, except driveway areas, having a minimum height of six (6) feet, but in no case less than such a height as will effectively screen all operations from view.

(d)

The number of vehicular driveways permitted on any single street frontage shall be limited to one per five hundred (500) feet with a maximum of twenty (20) feet driveway width.

(Ord. No. 32-14, 11-3-14)

74.1. Planned development districts.

74.1.1. Intent of districts. The purpose of this section is to provide greater design flexibility in the development of land consistent with the comprehensive development plan. The use of planned development zoning classifications should be encouraged when they promote a harmonious variety of uses, provide for an economy of shared services and facilities, are compatible with surrounding areas, and foster the creation of attraction, healthful, efficient, and stable environments for living, shopping or working.

The planned development district regulations and procedures may apply to the development of presently open or vacant lands and may apply to parcels of relatively small size as well as large-scale development, depending upon the nature of the proposed use and improvements and their relationship with other surrounding uses and the overall characteristics of the area in which they are located.

Planned development district regulations are intended to encourage innovations in land development techniques so that the changing demands of the community may be met with greater flexibility and variety in type, design, and layout of sites and buildings and by the conversion and more efficient use of open spaces and other amenities generally enhancing the quality of life.

Planned development projects should also encourage a more efficient use of land which reflects changes in the technology and economics of land development so that resulting economies may accrue to the benefit of the community at large.

Planned development residential (PDR), planned development commercial (PDC), planned development industrial (PDI) and planned development extraordinary (PDE) districts differ from each other in the nature of the uses permitted.

74.1.2. Eligibility requirements for planned development districts. In determining the eligibility of an area of land or development for designation as a planned development district, the commission must find that one (1) or more of the following conditions exists:

(1)

More than one (1) principal use of land or separate uses of land, which would not be permitted to locate within the same district, are proposed for development on a parcel(s) under single ownership or unified control;

(2)

Development standards contained elsewhere in these regulations would not permit the proposed development; and

(3)

Controlled development of a parcel(s) of land is necessary to reduce the adverse impact of a proposed use on neighboring properties.

74.1.3. Uses allowed and development standards for each planned development district. Listed below by district are the uses allowed and development standards for each district:

(1)

PDR-Planned Development Residential. This district is intended primarily for residential development, emphasizing flexibility in design to permit varying densities as circumstances may require. Limited retail sales and services may be allowed.

(a)

Uses allowed:

(i)

All residential uses in residential districts.

(ii)

Multi-family developments.

(iii)

Residential cluster developments.

(iv)

Retail and service uses limited to the following: convenience stores, bakeries, confectioneries, drugstores, barber and beauty shops, branch post offices, and laundromats. Such uses are to be designed for the service and convenience of the population living within the PDR.

(v)

Recreation areas and structures, including private clubs.

(vi)

Public utility structures and uses.

(vii)

Public and private schools and libraries.

(viii)

Kindergartens, playschools, and day care centers and homes.

(ix)

Churches and other places of worship.

(x)

Accessory buildings and uses customarily incident to any use allowed in this district.

(xi)

Group homes, personal care homes, halfway houses, assisted living facilities, nursing homes and similar uses.

(xii)

Communication towers and antennae subject to the requirements of article XV and section 52.

(b)

Development standards:

(i)

The size of the proposed PDR district shall be approved by the city.

(ii)

Not less than eighty (80) percent of the interior floor area of all buildings to be included in the development shall be used for residential dwellings or customary accessories to such dwellings.

(iii)

Not more than five (5) percent of the interior floor area of all buildings shall be used for commercial purposes as defined in subsection 74.1.3(1)(a)(iv).

(iv)

Multi-family dwelling units shall be connected to public sewer and be arranged to provide an access for firefighting as certified by the Warner Robins Fire Department.

(v)

Residential cluster developments shall be developed in accordance with sections 90 and 92.

(vi)

Development within the district shall maintain a harmonious relationship with adjacent uses and between uses within the district.

(vii)

Lot size, density, yard requirements, height requirements, parking, and other development standards shall be established by the city.

(viii)

Only business signs two (2) feet square in area are permitted, and no neon or other self-illuminated signs shall be used either on the exterior or in windows, and all signs shall be attached flat to the face of the building.

(2)

PDC-Planned Development Commercial. This district is intended primarily for commercial or other nonresidential, emphasizing flexibility in design.

(a)

Uses allowed:

(i)

Any commercial use in any commercial zoning district under this ordinance, except residential uses.

(ii)

Theaters (indoor).

(iii)

Public utility buildings and structures.

(iv)

Churches and other places of worship.

(v)

Private and public schools and libraries.

(vi)

Kindergartens, playschools and day care centers and homes.

(vii)

Recreation areas and structures including private clubs, bowling alleys, skating rinks, and the like.

(viii)

Places of assembly including auditoriums, stadiums and coliseums.

(ix)

Motels when located on a state or federal highway.

(x)

Shopping centers containing uses which are otherwise allowed in this section.

(xi)

Communication towers and antennae subject to the requirements of article XV and section 52.

(b)

Development standards:

(i)

The size of the proposed PDC district shall be approved by the city.

(ii)

Development within the district must maintain a harmonious relationship with adjacent areas within the district.

(iii)

Lot size, density, yard requirements, height requirements, signs, parking, and other development standards as approved by the city.

(3)

PDI-Planned Development Industrial.

(a)

Uses allowed: Manufacturing and industrial uses and such commercial uses as reasonably related to the support or convenience of the intended industrial uses or their occupants. Communication towers and antennae shall be subject to requirements of section 52 and article XV.

(b)

Development standards:

(i)

The size of the proposed PDI district shall be approved by the city.

(ii)

Not less than eighty (80) percent of the interior floor area of all buildings to be included in the development shall be used for industrial or manufacturing purposes or such accessory uses customarily to industrial uses.

(iii)

Lot size, density, yard requirements, height requirements, signs, parking, and other development standards as approved by the city.

(4)

PDE-Planned Development Extraordinary.

(a)

Uses allowed: Any use allowed in PDR, PDC, and PDI districts. To be eligible for this district, a development plan must not be otherwise distinguishable under any previous planned development classification. Communication towers and antennae shall be subject to the requirements of article XV and section 52.

(b)

Development standards:

(i)

The size of the proposed PDE district shall be approved by the city.

(ii)

Development within the district must maintain a harmonious relationship with adjacent areas and between areas within district.

(iii)

Lot size, density, yard requirements, height requirements, signs, parking, and other development standards as approved by the city.

74.1.4. Two-step procedure required for planned development district. Creation of planned development districts requires, first, the approval of the city to rezone the land in question from its present zoning classification to a planned development classification and, second, site plan approval by the city, which approval permits issuance of a special zoning permit allowing construction to begin.

74.1.5. Application procedures for rezoning to planned development district. It is the intention of this section of the land development resolution that proposals for planned development be of such community significance and concern that they be made at the early planning stages in order to allow time for full evaluation and orderly processing, to consider alternative plans or methods of development, to assess the full impact and consequences of the proposal, to formulate modifications or conditions that may be necessary, and to provide ample opportunity to determine the best means for implementation. The city may, from time to time, promulgate such guidelines, rules and regulations as may be deemed necessary for the orderly presentation and processing of such proposals in addition to those contained in this section, which guidelines may also establish permanent or temporary priorities on the type, location or scale of the development proposed.

(1)

Submission of application. Application for a planned development district shall be submitted to the city through its zoning enforcement officer or designated staff member.

(2)

General requirements:

(a)

An application for a planned development district shall conform to all requirements of section 114 except as may otherwise be required by this section. Applications shall be submitted forty-five (45) days prior to the date of the hearing at which the application will be heard by the city zoning commission.

(b)

An application for a planned development district shall indicate the requested category and shall be accompanied by a conceptual plan for the development of the site.

(c)

The following development standards will be at the discretion of city except when a planned development abuts a residential area or is bounded by arterial or collector streets of less than one hundred (100) feet in width. In such cases the minimum setback from any collector or arterial street shall be fifty (50) feet and the minimum setback from a residential area shall be twenty-five (25) feet:

(i)

Minimum front, side, and rear yard (feet).

(ii)

Minimum lot area (square feet).

(iii)

Minimum lot width (feet).

(iv)

Maximum density (units per acre).

(v)

Maximum lot coverage (percent).

(vi)

Parking requirements (spaces per unit).

(3)

Submission requirements for the conceptual plan. The conceptual plan shall consist of text, maps, drawings and other information which the applicant may deem necessary to support his application. The applicant shall clearly describe how the proposed development of the site will meet the standards and purpose of the planned development district. Such text, maps and drawings may be conceptual and shall include the following information.

(a)

A graphic representation of existing topography, major vegetative growth, floodplains, significant water bodies, landfills, wetlands, and areas of potential historic significance.

(b)

A land use plan indicating: the location and use of all buildings, which will include, where applicable, the numbers and types of dwelling units; the location and type of community and recreational facilities; open spaces, including developed open spaces, and those to be preserved in their existing state; location of land to be dedicated to public use; and points of access to the site, pedestrian and vehicular circulation ways, and parking spaces.

(c)

A statement and analysis demonstrating the manner in which the proposed development will result in a more efficient and desirable development than could be accomplished by the use of conventional zoning categories.

(d)

Statements relating to proposed restrictions, agreements or other documents indicating the manner in which any land intended for common or quasi-public use but not proposed to be in public ownership will be held, owned and maintained in perpetuity for the indicated purpose.

(e)

A list of proposed development standards consisting of lot area or size, yard setbacks, lot widths at building lines, building heights, maximum lot coverage of buildings and structures, distances between all structures and buildings and parking requirements except as specified in subsection (2)(c) above.

(f)

Such other materials as the applicant may consider of importance in the evaluation of the plan or as the commission may require in order to evaluate the proposed planned development with the requirements and purposes of the planned development district.

74.1.6. Action of zoning enforcement officer upon submission of application for planned development district. The zoning enforcement officer shall process the application utilizing the following procedures:

(1)

The zoning enforcement officer shall review the proposal to determine if it meets the requirements of these regulations.

(2)

The zoning enforcement officer shall transmit the application and any accompanying material to the proper staff for review. The staff shall prepare an opinion regarding:

(a)

The verification of data shown on the application or in accompanying materials;

(b)

The proposed development's relationship with the existing zoning regulations and with the comprehensive development plan;

(c)

The compatibility of the proposed development with surrounding development; and

(d)

Such other factors or considerations as may be appropriate considering the merit of the proposed development.

(3)

Upon completion of the application and review procedure, the matter will be placed on the agenda for rezoning hearing in accordance with the provisions of section 114.

74.1.7. Action of the city application for planned development district.

(1)

The city zoning commission will hear the application in accordance with the procedures outlined in section 114 and make a recommendation to the mayor and council for final action.

(2)

Approval of the application by the mayor and council will be by amendment to the official zoning maps reflecting the planned development classification approved. Such approval is land use approval only and shall not constitute approval of any site plan submitted with the application.

(3)

In the event the city rezones the property, it shall have the power to approve the rezoning subject to such restrictions, conditions, or limitations as it may deem appropriate.

74.1.8. Procedure after rezoning. Following land use approval by the city, the applicant will submit to the zoning enforcement officer detailed site plans for all or any part of a planned development. The applicant shall, prior to final approval, present firm evidence of the unified control of the entire area within the proposed PD district.

The applicant shall also provide agreements, contracts, deeds restrictions, and sureties acceptable to the city for completion of the development according to the plans approved at the time of rezoning to PD and for continuing operation and maintenance of such areas, functions, and facilities as are not to be provided, operated, or maintained at public expense.

The zoning enforcement officer shall process the site plan utilizing the following procedures:

(1)

The zoning enforcement officer shall review the site plan to determine if the plan meets the requirements of these regulations.

(2)

The zoning enforcement officer shall transmit the site plan and any accompanying material to the staff for review. The staff shall prepare an opinion regarding:

(a)

The verification of data shown on the site plan or in accompanying materials;

(b)

The site plan's relationship with existing zoning regulations and with the comprehensive development plan;

(c)

The compatibility of the site plan with surrounding development;

(d)

Building plans showing the architectural layout for all floors and architectural elevations; and

(e)

Such other factors or considerations as may be appropriate considering the merit of the site plan.

(3)

Upon completion of the application and review procedure, the matter will be placed on the agenda for site plan approval by the mayor and council.

74.1.9. Requirements for site plan. Each site plan shall become a part of the initial application and shall include the following requirements (if not previously incorporated within the conceptual plan):

(1)

Be in accordance with the conceptual plan, or as it may have been amended by the city, to include stated developments standards;

(2)

Include all of the information required for the submission of a preliminary subdivision plat as set forth in sections 53 and 54 of the city's subdivision ordinance;

(3)

Include a grading plan, showing the existing topography and proposed grading of the site at contour intervals of not more than five (5) feet;

(4)

Show water runoff drawings, calculations, and plans for soil erosion and sedimentation control, both during and after construction;

(5)

Show existing vegetation, tree line, and other natural features, wetlands, bodies of water and watercourses, and the hundred-year floodplain;

(6)

Show location, height, ground coverage, and use of all structures and location and areas of open spaces, parking facilities and areas dedicated to public spaces. Calculations of building coverage, numbers of parking spaces, and areas devoted to open spaces shall also be indicated;

(7)

Show all utility service lines, and all easements and rights-of-way, existing or proposed;

(8)

Show adjacent highways and streets serving the site, noting centerlines, widths of paving, grades, and median breakpoints;

(9)

Show the location, dimension, and grades of all roads, streets, driveways, parking facilities, loading areas, points of access surrounding streets, and pedestrian walks and pathways;

(10)

Show, for each residential structure, the number and type of dwelling units;

(11)

Show floor areas of all nonresidential buildings;

(12)

Contain a landscaping and screening plan, showing all manmade features and the location, size, and species of all planting materials;

(13)

Contain an exterior lighting plan, covering all parking areas, driveways, and pedestrian ways, and including the height, number, and type of fixtures to be installed;

(14)

Show the location of all public schools, parks, and other community recreational facilities, indicating the location and use of all land to be dedicated to public use;

(15)

Provide documents indicating in detail the manner in which any land intended for common or quasi-public use, but not proposed to be in public ownership, will be held, owned, and maintained in perpetuity for the indicated purpose;

(16)

If a detailed site plan is one (1) of a number of detailed site plans within a planned development, each detailed site plan shall show how it is related to and coordinated with other detailed site plans, either completed, under construction, or yet to be submitted; and

(17)

Contain any additional information which may be required by the commission in order to enable it to evaluate the detailed site plan.

74.1.10. Binding nature of rezoning to planned development district.

(1)

All terms, conditions, safeguards, and stipulations made or imposed at the time of rezoning to a planned development district shall be binding upon the applicant or any successors in interest. Deviations from approved plans or failure to comply with any requirement, condition, or safeguard without city approval shall constitute a violation of these zoning regulations. Any proposed amendment, change, or deviation from the approved developments must be approved by the city under the provisions of section 74-1-8.

(2)

Where a planned development project is proposed in phases and the city finds that the development of all phases is necessary for the development of any part to be approved, the city may require that the applicant agree to the following:

(a)

Proceed with the proposed development according to the provisions of these zoning regulations and the proposed development plan for the area and such conditions as may be attached to the rezoning of the land to a planned development district;

(b)

Provide agreements, contracts, deed restrictions, and sureties acceptable to the city for completion of the development according to the plans approved at the time of rezoning to PD and for continuing operation and maintenance of such areas, functions, and facilities as are not to be provided, operated, or maintained at public expense; and

(c)

Bind their successors in title to any commitments made under subsections (a) and (b) preceding.

All such agreements and evidence of unified control shall be examined by the city attorney, and no rezoning of land to a planned development classification shall be adopted without a certification by the city attorney that such agreements and evidence of unified control meet the requirements of these zoning regulations.

74.2. AH Airport Hazard District.

74.2.1. Intent of district. This district is composed of lands and structures located with the flight approach areas or navigable airspace of an airport. The regulations are intended to prevent the development of high residential densities or the concentration of large numbers of persons in those areas endangered by low flying aircraft in the process of landing or taking off and to protect flying aircraft by limiting the height of buildings and trees.

74.2.2. Superimposed district. This district is superimposed over other existing districts, and the special requirements of this district shall apply in addition to the requirements of the use district within which a specific property is located.

74.2.3. Permitted and conditional uses. All permitted and conditional uses of the use district which is superimposed by the (AH) Airport Hazard District shall be allowed as regulated by the requirements of such district, except those uses listed in section 74.2.4.

74.2.4. Prohibited uses. The following uses are prohibited in the (AH) Airport Hazard District within the area of runway approach surfaces as described on the "Airport Approach Standards Zoning Map" which is on file in the office of the zoning enforcement officer.

(1)

Churches, schools, lodges, clubs, theatres, and other places of public assembly.

(2)

Multi-family dwellings.

(3)

Hospitals and institutions.

(4)

Any other similar uses where concentrations of persons are customary.

74.2.5. Dimensional requirements. The developer shall adhere to all dimensional requirements of the use district in which the specific property is located.

74.2.6. Maximum height requirements. The maximum height of all principal and accessory buildings, structures, and trees in this district shall be as described on the "Airport Approach Standards Zoning Map," which is on file in the office of the zoning enforcement officer and shall adhere to all regulations adopted by the Federal Aviation Agency.

74.2.7. Variances. Any variance which is desired by any person, corporation or agency under the provisions of sections 114 and 115 must, in addition, have written approval from the Federal Aviation Agency.

74.2.8. Hazard marking and lighting. Any variance granted under section 74.2.7 may, if such action is deemed advisable to effectuate the purpose of this ordinance and reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of a hazard to air navigation.

74.3. FH Flood Hazard District.^[2]

74.3.1. Intent of district. To restrict or prohibit uses which may be dangerous to health, safety, or property in times of flood, or which may cause increased flood heights or velocities; to require that uses vulnerable to floods, including public facilities which serve such uses, be provided with physical flood protection features at the time of initial construction; to protect individuals from buying lands which are unsuited for intended purposes, because of flood hazards; and other public requirements to protect against floods.

74.3.2. District boundaries. For the purpose of these regulations, the Flood Insurance Study for the City of Warner Robins, Georgia, Houston County, as prepared by the Federal Emergency Management Agency and dated December 3, 1991, is hereby made a part of these regulations. The study shall be kept permanently in the office of the city engineer and shall be accessible to the general public. The boundaries of the Flood Hazard District shall be synonymous with the limits of an intermediate region flood as determined in the above-said study.

74.3.3. Permitted uses. The following open-type uses are permitted in the FH Flood Hazard District subject to approval of the planning and zoning commission, and to such conditions the said board may specify to protect the public interest.

74.3.3.1. Adjacent to Agriculture and Residential Districts.

(1)

Agricultural uses including crop, nursery stock, and tree farming, truck gardening, livestock grazing and other agricultural uses which are of the same or a closely similar nature.

(2)

Railroads, streets, bridges, and public utility wire and pipe lines for transmission and local distribution purposes.

(3)

Public parks and playgrounds and outdoor private clubs including but not limited to country clubs, swimming clubs, tennis clubs, provided that no principal building is located in the floodway.

(4)

Recreational camp, campgrounds, and camp trailer parks, provided that restroom facilities shall be located and constructed in accordance with the health department requirements.

(5)

Commercial excavation of natural materials and improvements of a stream channel.

(6)

Other similar uses accessory to those permitted in the adjoining district.

74.3.3.2. Adjacent to a commercial district.

(1)

Any of the above permitted uses.

(2)

Archery range, drive-in theatres, miniature golf courses, and golf driving ranges.

(3)

Marina, boat launching ramp, boat rental, boat sales provided that no principal building is located in the floodway unless it is designed and constructed to withstand without major damages, the flood conditions at the site.

(4)

Loading and unloading areas, parking lots, used car lots.

(5)

Other similar uses accessory to those permitted in the adjoining district.

74.3.3.3. Adjacent to an industrial district.

(1)

Agricultural uses including crop, nursery stock, and tree farming, truck gardening, livestock grazing, and other agricultural uses which are of the same or closely similar nature.

(2)

Storage yards for equipment and material not subject to major damage by flood, provided, such use is accessory to a use permitted in an adjoining district.

(3)

Parking lots.

(4)

Railroads, streets, bridges, and utility lines.

(5)

Other similar uses accessory to those permitted in the adjoining district.

74.3.4. Required plans. No permit shall be issued for the construction of any building or structure including railroads, streets, bridges, and utility lines or for any use within the Flood Hazard District until the plans for such construction or use have been submitted to the planning and zoning commission and approval is given in writing for such construction or use. In its review of plans submitted, the planning and zoning commission shall be guided by the following standards, keeping in mind that the purpose of this district is to prevent encroachment into the floodway which will unduly increase flood heights and endanger life and property.

(1)

Any structure or the filling of land permitted shall be of a type not appreciably damaged by flood waters, provided no structures for human habitation shall be permitted.

(2)

Any use permitted shall be in harmony with and not detrimental to the uses permitted in the adjoining district.

(3)

Any permitted structures or the filling of land shall be designed, constructed, and placed on the lot so as to offer the minimum obstruction to and effect upon the flow of water.

(4)

No filling of land within the floodway shall be allowed except where necessary for the construction of railroads, streets, bridges, and utility lines.

(5)

Any structure, equipment, or material permitted shall be firmly anchored to prevent it from floating away and thus damaging other structures and threatening to restrict bridge openings and other restricted sections of the stream.

(6)

Where in the opinion of the said board topographic data, engineering, and other studies are needed to determine the effects of flooding on a proposed structure or fill and/or the effect of the structure or fill on the flow of water, the said board may require the applicant to submit such data or other studies prepared by competent engineers and other technical people.

(7)

The granting of approval of any structure or uses shall not constitute a representation, guarantee, or warranty of any kind or nature by the city or the planning and zoning commission or by any officer or employee thereof, or the practicality or safety of any structure or use proposed and shall create no liability upon or cause action against such public body, officer, or employee for any damage that may result pursuant thereto.

74.3.5. Warning of disclaimer of liability. The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood height may be increased by manmade or natural causes, such as bridge openings restricted by debris. These regulations do not imply that areas outside the flood district boundaries or land uses permitted within such district will be free from flooding or flood damages. These regulations shall not create liability on the part of the government or any officer or employee thereof for any flood damage that results from reliance on these regulations or any administrative decision lawfully made thereunder.

74.4. BE Base Environs Overlay District.

74.4.1. Title and purpose. The Base Environs Overlay District (BE) is hereby created with the following purposes:

To protect the public health, safety, and welfare by regulating development and land uses within noise-sensitive areas and accident potential zones;

To ensure compatibility between and surrounding land uses and Robins Air Force Base; and

To protect RAFB from encroachment by incompatible development.

The Base Environs Zoning District (BE) shall serve as an overlay district that applies additional standards and requirements to properties located within an underlying zoning district. Proposed developments located within this zoning district shall comply with these requirements and the requirements of the underlying zoning district and any other overlay districts that apply to lands within this zone. In the case of conflicting standards and requirements, the more stringent standards and requirements shall apply.

74.4.2. Definitions. The following definitions shall be used to interpret the terms used in section 74.4.

74.4.1.1. Accident potential zone (APZ). The geographic area that is determined by the RAFB Air Installation Compatible Use Zone Study to possess a significant potential for aircraft crashes.

74.4.1.2. Aircraft noise contours. The geographic area that is affected by RAFB flight operations and defined on the basis of those areas immediately affected by the 65 Ldn and greater noise exposure area from the noise zone map that is contained within the RAFB Air Installation Compatible Use Zone Study.

74.4.1.3. Airport hazard. Any structure or object of natural growth or use of land within an APZ or an aircraft noise contour that obstructs the air space required for the flight of aircraft in landing or taking off at any airport or is otherwise hazardous to such landing or taking off of aircraft.

74.4.1.4. Day-night sound level (Ldn). A cumulative aircraft noise index that estimates the exposure to aircraft noise at a certain geographic point and relates the estimated exposure to an expected community response.

74.4.1.5. Ldn contour. A line linking together a series of points of equal cumulative noise exposure based on the Ldn metric. These contours are developed based on the Ldn metric and are defined by aircraft flight patterns, the number of daily aircraft operations by type of aircraft and time of day, noise characteristics of each aircraft, and typical runway usage patterns.

74.4.1.6. Structure. Any object, whether permanent, temporary, or mobile, including, but not limited to, a building, tower, crane, smokestack, earth formation, transmission line, flagpole, or sign.

74.4.2. Subdistricts. The Base Environs Zoning District (BE) is subdivided into five (5) subdistricts that represent the differing levels of noise impact and aircraft accident potential. The geographic location of these subdistricts is indicated on the Official Zoning Map of Warner Robins, Georgia, sheet numbers C-13, D-13, E-13, F-13, E-14, F-14 and G-14, dated February 3, 1994. The five (5) subdistricts are the following:

Subdistrict A. Includes the area within the 65 Ldn to 70 Ldn aircraft noise contours surrounding RAFB (BE-A).

Subdistrict B. Includes the area within the 70 Ldn to 75 Ldn aircraft noise contours (BE-B) surrounding RAFB.

Subdistrict C. Includes the area within the 75 Ldn and greater aircraft noise contours surrounding RAFB (BE-C).

Subdistrict D. Includes the area within RAFB APZ I (BE-D).

Subdistrict E. Includes the area within RAFB APZ II (BE-E).

The boundaries of the Base Environs Zoning District (BE) and its subdistricts, as adopted herein, shall be reviewed and amended whenever RAFB updates or amends its aircraft noise contour maps and/or AICUZ Study. It shall be the responsibility of RAFB to notify the City of Warner Robins of any such update or amendment and to provide a copy of same to the City of Warner Robins. Copies of the current aircraft noise contour maps and AICUZ Study shall be on file and open to public inspection in the local planning and zoning office and at the RAFB civil engineer's office.

74.4.3. Application of these regulations. Within the Base Environs Zoning District (BE), any proposed use or structure is subject to review as described herein and shall be evaluated relative to the standards and requirements provided for herein.

74.4.4. Exemptions. The provisions of these regulations shall not be deemed applicable to the following when permitted in the underlying districts:

74.4.4.1. Existing uses. Uses existing on the effective date of these regulations shall not be required to change in order to comply with the requirements specified herein. The nonconforming use requirements of these regulations shall apply to the future applicability of the standards and requirements contained herein.

74.4.4.2. Temporary uses. Temporary uses, including but not limited to public celebrations and outdoor entertainment events, so long as the period of operation does not exceed five (5) days in any one-year period. A variance may be requested to extend the time period for a temporary use.

74.4.4.3. Temporary structures. Temporary buildings and structures that are not used for residential purposes and that meet said applicable requirements as contained within this ordinance, so long as such uses and associated structures are constructed incidental to a permitted use (as per the requirements of this ordinance), do not generate excessive glare or electrical emissions that could interfere with standard RAFB aircraft operations, and do not exceed the applicable height restrictions contained in these regulations.

74.4.4.4. Agricultural structures. Bona fide agricultural buildings, structures, improvements, and associated nonresidential developments, provided such structures do not exceed the applicable height restrictions contained in these regulations.

74.4.4.5 Accessory uses and structures. Accessory uses and structures incidental to a permitted principal structure or use and within the intent, purposes, or objectives of these regulations.

74.4.5. Development standards. The following development standards shall apply to all proposed uses and structures.

74.4.5.1. Proposed uses and structures. Table 74.4-A, Land Use Compatibility Standards, contained herein, identifies development standards that apply to proposed uses and structures with the Base Environs Zoning District (BE). All proposed uses and structures must comply with these standards.

74.4.5.2. Interior day-night average noise level (Ldn). All proposed uses and structures must comply with the noise level reduction (NLR) standards as provided in Table 74.4-A. Compliance with NLR requirements shall be evidences prior to issuance of an occupancy permit.

74.4.5.3. Flammable/hazardous substance storage. Aboveground storage of flammable or explosive substances within subdistricts D and E of the Base Environs Zoning District (BE) shall be prohibited. All underground storage tanks containing flammable or explosive substances shall be double-lined.

74.4.5.4. Lighting and glare. No development within the Base Environs Zoning District (BE) may produce or reflect light in a sufficient intensity or manner that would make it difficult for pilots to distinguish between airport lights and other light sources, result in glare in the eyes of pilots using the base airport, or otherwise impair visibility in the vicinity of the base. All proposed light sources that could conflict with this requirement (except structure lighting required under FAR Part 77) shall be properly shielded or directed away from a pilot's field of vision.

74.4.5.5. Electrical emissions or interference. No development within the Base Environs Zoning District (BE) may create or result in electrical interference with navigational signals or radio communication between RAFB and aircraft operating within the affecting areas.

74.4.5.6. Air emissions. No development within the Base Environs Zoning District (BE) may emit smoke or particulate matter which, in sufficient quantities or concentrations, would impair pilot visibility in the vicinity of the base or clog aircraft engines.

74.4.5.7. Noise. No development within subdistricts A, B, and C of the Base Environs Zoning District (BE) may produce noises that would increase average day/night noise levels beyond the boundaries of the development property by more than three (3) decibels. Where field testing is necessary to determine compliance with this requirement, it shall be conducted and paid for by the applicant.

74.4.6. Notice to purchasers. The City of Warner Robins may provide a notice to all applicants for any development-related permit, informing the applicant that the respective property is located, either partially or wholly, within the Base Environs Zoning District (BE) and may be subject to aircraft overflight.

74.4.7. Plat notice. A notice shall be place on all final subdivision plats for properties located within the Base Environs Zoning District (BE) that states the following:

Noise/air hazard warning. This property, either partially or wholly, lies within the noise exposure/accident potential area of RAFB and is subject to noise and/or aircraft accident potential that may be objectionable.

74.4.8. Development review. The zoning compliance process for the City of Warner Robins shall apply to the Base Environs Zoning District (BE), with the following additions.

74.4.8.1. RAFB civil engineer's office review. A copy of an application for zoning compliance under the BE District, including the development plan, shall be provided, within five (5) days of submittal by applicant, by the City of Warner Robins to the staff of the Middle Georgia Regional Commission (MGRC) for any development located in subdistricts A, B, C, D, and E. The staff of the MGRC will forward such information to the RAFB civil engineer's office and any other affected parties for review. The MGRC will review all comments and provide written recommendations to the City of Warner Robins within ten (10) days of receipt. Where a development application satisfies the criteria for review as a development of regional impact, the MGRC shall be responsible for submitting a copy of the application to the RAFB civil engineer's office in accordance with section 74.4.8.2 below.

74.4.8.2. Developments of regional impact review. Any development application which exceeds the applicable threshold criteria for developments of regional impact (DRI) shall be submitted to the Middle Georgia Regional Commission for review. The government shall submit a completed DRI request for review form and two (2) complete copies of the application to the MGRC. Where DRI review is required, the MGRC shall provide a copy of the application to the RAFB civil engineer's office in accordance with the DRI review procedures. No local approval of a DRI within the Base Environs Zoning District shall be granted prior to completion of the required regional review.

74.4.9. Preliminary plan requirements. An applicant shall submit a preliminary plan in accordance with the applicable requirements of these regulations for any development application that satisfies the special review requirements in section 74.4.8 above. The City of Warner Robins zoning officer may require the applicant to submit any or all of the items specified below, if the additional information is necessary to ensure compliance with the performance standards in section 74.4.5 above.

74.4.9.1. Ldn noise contour and APZ boundaries. The applicant may be required to delineate on the preliminary plan the boundaries of any subdistrict boundary of the BE District, if the location of the aforementioned boundaries with respect to the proposed development site or proposed structure locations is in question. All maps prepared to show the location of these boundaries shall be drawn to a scale designated by the City of Warner Robins zoning officer.

74.4.9.2. Location of structures. The applicant may be required to delineate the placement of all existing and proposed buildings and structures, including any existing or proposed tree stands.

74.4.9.3. Specification of uses. The applicant may be required to specify the proposed uses to occur within each structure or activity area on the development site.

74.4.9.4. Narrative description. The applicant may be required to prepare a narrative describing the location of the site, its total acreage, existing character and use; the concept of the proposed development or use, such as proposed residential density, and the relation of the proposed development plan to the comprehensive plan.

74.4.10. Development review criteria. The preliminary plan described in section 74.4.9 shall be reviewed and evaluated using, at a minimum, the following criteria:

74.4.10.1. Proposed uses. All elements of the proposed development shall be consistent with Table 74.4-A, Land Use Compatibility Standards.

74.4.10.2. Siting. Buildings and structures should be located the greatest distance from the noise source, taking maximum advantage of existing topographical features to minimize noise impact, and within zoning district requirements, such as required setbacks. Buildings and structures should be oriented to minimize exposure to the noise source and building openings, such as windows, should be located away from the noise source.

74.4.10.3. Passive outdoor recreation space. The amount of passive outdoor recreational space where individuals would be subject to noticeable or severe levels of noise should be minimized. Landscaping materials should be used to deflect noise.

74.4.11. Variances. Any applicant wishing to erect a new structure or construct a development that is not in compliance with the regulations prescribed in these regulations may apply to the planning and zoning commission for a variance. Variances for prohibited land uses and/or applicable sound insulation requirements are not permitted. The application for variance must be submitted in the form and manner specified in these regulations, and it must be accompanied by a written determination from the Federal Aviation Administration stating that appropriate mitigation measures will be taken by the applicant to prevent any negative impact on safe navigation within the protected air space surrounding RAFB. The planning and zoning commission will send a copy of the variance application to the RAFB civil engineering office. These comments will be considered by the planning and zoning commission, along with all other public comments submitted on the variance application. Such variances shall be issued only where it is duly determined that a literal application or enforcement of these regulations will result in unnecessary hardship, and the relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit and intent of these regulations. In addition, the planning and zoning commission may solicit the testimony of a qualified professional, at the expense of the applicant, to evaluate the proposed development plans and issue any professional findings or opinions that would assist the planning and zoning commission in reaching a decision regarding the variance request. The selection of a qualified professional shall be done by the planning and zoning commission.

Table 74.4-A
AICUZ Land Use Compatibility Table

LEGEND

SLUCM — Standard Land Use Coding Manual, U.S. Department of Transportation.

Y — (Yes) — Land use and related structures are compatible without restriction.

N — (No) — Land use and related structures are not compatible and should be prohibited.

Y ^x — (yes with restrictions) — Land use and related structures generally compatible; see notes indicated by the superscript.

N ^x — (no with exceptions) — See notes indicated by the superscript.

NLR — (Noise Level Reduction) — NLR (outdoor to indoor) to be achieved through incorporation of noise attenuation measures into the design and construction of the structures.

A, B, or C — Land use and related structures generally compatible; measures to achieve NLR for A (DNL/DNEL 65—69), B (DNL/CDEL 70-74), C (DNL/CNEL 75-79), need to be incorporated into the design and construction of structures. The NLR is less than 60 DNL.

A ^* , B ^* , and C ^* — Land use generally compatible with NLR. However, measures to achieve an overall noise level reduction do not necessarily solve noise difficulties and additional evaluation is warranted. See appropriate footnotes.

^*  — The designation of these uses as "compatible" in this zone reflects individual federal agencies' and program considerations of general cost and feasibility factors, as well as past community experiences and program objectives. Localities, when evaluating the application of these guidelines to specific situations, may have different concerns or goals to consider.

SUPERSCRIPT NOTES

1.

Suggested maximum density of one (1) to two (2) dwelling units per acre, possibly increased under a planned development district (PDR, PDC, PDI, PDE) where maximum lot coverage is less than twenty (20) percent.

2.

Within each land use category, uses exist where further deliberating by local authorities may be needed due to the variation of densities in people and structures. Shopping malls and shopping centers are considered incompatible use in any accident potential zone (CZ, APZ I, or APZ II).

3.

The placing of structures, buildings, or aboveground utility lines in the clear zone is subject to severe restrictions. In a majority of the clear zones, these items are prohibited. See AFI 32-7060 (formerly AFR 19-9) and AFJM 32-8008 (formerly AFM 86-14) for specific guidance.

4.

No passenger terminals and no major aboveground transmission lines in APZ I.

5.

Factors to be considered: labor intensity, structural coverage, explosive characteristics, and air pollution.

6.

Low-intensity office uses only. Meeting places, auditoriums, etc. are not recommended.

7.

Excludes chapels.

8.

Facilities must be low intensity.

9.

Clubhouse not recommended.

10.

Areas for gatherings of people are not recommended.

11.

A.

Although local conditions may require residential use, it is discouraged in DNL/CDEL 65-69 dB and strongly discouraged in DNL/CNEL 70-74 dB. The absence of viable alternative development options should be determined, and an evaluation indicating a demonstrated community need for residential use would not be met if development were prohibited in these zones should be conducted prior to approvals.

B.

Where the community determines the residential uses must be allowed, measures to achieve outdoor to indoor noise level reduction (NLR) for DNL/CNDL 65-69 dB and DNL/CNDL 70-74 dB should be incorporated into building codes and considered in individual approvals.

C.

NLR criteria will not eliminate outdoor noise problems. However, building location and site planning, and design and use of berms and barriers can help mitigate outdoor exposure, particularly from near ground level sources. Measures that reduce outdoor noise should be used whenever practical in preference to measures which only protect interior spaces.

12.

Measures to achieve the same NLR as required for facilities in DNL/CNEL 65-69 dB range must be incorporated into the design and construction of portions of these buildings where the public is received, office areas, noise sensitive areas or where the normal noise level is low.

13.

Measures to achieve the same NLR as required for facilities in DNL/CNEL 70-74 dB range must be incorporated into the design and construction of portions of these buildings where the public is received, office areas, noise sensitive areas or where the normal noise level is low.

14.

Measures to achieve the same NLR as required for facilities in DNL/CNEL 75-79 dB range must be incorporated into the design and construction of portions of these buildings where the public is received, office areas, noise sensitive areas or where the normal noise level is low.

15.

If noise sensitive, use indicated NLR; if not, the use is compatible.

16.

No buildings.

17.

Land use compatible provided special sound reinforcement systems are installed.

18.

Residential buildings require the same NLR as required for facilities in DNL/CNEL 65-69 dB range.

19.

Residential building require the same NLR as required for facilities in DNL/CNEL 70-74 dB range.

20.

Residential buildings are not permitted.

21.

Land use is not recommended. If the community decides the use is necessary, hearing protection devices should be worn by personnel.

22.

Naturally occurring water features (e.g. rivers, lakes, streams, wetlands) are pre-existing, nonconforming land uses. Naturally occurring water features that attract waterfowl present a potential BASH. Actions to expand naturally occurring water features or construction of new water features should not be encouraged. If construction of new features is necessary for stormwater retention, such features should be designed so that they do not attract water fowl.

74.5. Zone of transition. Where a boundary line of a commercial or industrial district abuts a residential district, the planning and zoning commission, after a review of an application and public hearing thereon, may permit within a distance of one hundred fifty (150) feet to the boundary and within the residential district a private or public parking lot used for the parking of passenger vehicles related to the commercial or industrial establishment abutting such parking area provided that the off-street parking requirements in section 62 are adhered to.

74.6. Standards for cottage housing developments (CHD). The following regulations apply to cottage housing developments (CHDs):

(a)

CHDs are allowed in the following zoning districts: Planned development residential (PDR).

(b)

The following requirements shall apply to all CHDs:

(1)

Density and minimum lot area.

a.

In CHDs, the permitted density shall be one (1) dwelling unit per two thousand nine hundred four (2,904) square feet of lot area (fifteen (15)/acre).

b.

The minimum lot area for a CHD shall be seven thousand (7,000) square feet.

c.

Cottage homes shall be developed in clusters of minimum of two (2) homes to a maximum of twelve (12) homes.

(2)

Height limit and roof pitch.

a.

The height limit permitted for structures in CHDs shall be eighteen (18) feet from the finished first floor height, subject to the exception described in subsection (b).

b.

Where the ridge of a roof is pitched with a minimum loped of six (6) to twelve (12), the maximum roof height may extend up to twenty-five (25) feet. All parts of the roof above eighteen (18) feet shall be pitched. These heights are intended to allow maximum one and one-half (1½) story homes.

(3)

Lot coverage and floor area. The maximum first floor or main floor area for an individual principal structure in a CHD shall be four hundred (400) square feet.

(4)

Yard setbacks.

a.

Front yard setbacks. CHDs will only front "minor" streets. The front yard setback shall be at least fifteen (15) feet with an allowable seven (7) foot encroachment for a front porch. On non-public streets, the front yard setback shall be at least ten (10) feet with an allowable encroachment for a front porch of no greater than five (5) feet.

b.

Rear yards. The minimum rear yard shall be ten (10) feet.

(5)

Required open space.

a.

A minimum of four hundred (400) square feet per unit of common open space is required.

b.

At least fifty (50) percent of the cottage units shall abut the common open space.

c.

All of the cottage unity shall be located within one hundred (100) feet walking distance of the common open space.

d.

The common open space shall have cottages abutting at least two (2) sides.

e.

At least fifty (50) percent of the cottage home units shall be oriented around the common open space with their covered porches or main entry facing the common open space.

(6)

Parking. Parking space for each cottage home unit shall be provided as follows:

a.

Units that are four hundred (400) square feet on the main floor: two (2) spaces. Units less than four hundred (400) square feet on main floor: one and one half (1½) spaces.

b.

Location. Parking shall be located on the CHD property. It may be located in a structure, under a structure, or outside a structure provided that:

(i)

Parking is screened from direct view from street by one (1) or more building facades, by garage doors, or by a fence and landscaping;

(ii)

Parking is not located in the front yard;

(iii)

Parking is only allowed between structures when it is located toward the rear of the principal structure and is served by an alley or private driveway;

(iv)

Parking may be located between any structure and the rear lot line of the lot or between any structure and a side lot line which is not a street side lot line.

(7)

Additional requirements.

a.

Cottage homes shall have a covered porch at least sixty (60) square feet in size.

b.

All structures shall maintain ten (10) feet of separation between houses.

c.

The condominium association or home owners' association shall maintain the required open space and all common areas.

d.

Each cottage home shall have access to clothes washers and dryer facilities through installation of connections to clothes washers and dryers in the cottage home.

e.

Developers of cottage homes are encouraged to provide pervious parking areas. In any event, every cottage home development shall comply with the City Code regarding storm water management.

f.

All structures will remove trailer hitches, any and all wheels and be place on a permanent foundation.

g.

Each cottage home shall be connected to the city's water and sewer.

(Ord. No. 32-14, 11-3-14; Ord. No. 05-18, Exh. A(b), (h), 1-16-18; Ord. No. 19-19, § 1, 7-8-19)