A.

In order to regulate a variety of similar uses, use categorizes have been established for principal uses. Principal and accessory uses allowed by district are shown in the table below. All uses are subject to all applicable requirements of this ordinance.

1.

Permitted Use (P). Indicates a use is permitted in the respective district.

2.

Permitted as an accessory use (Pa). Indicates a use permitted only as accessory to another permitted use.

3.

Conditional Use (C). Indicates a use may be permitted in the respective district only where approved by the City Council.

4.

Use Not Permitted (X). Indicates that a use is not permitted in the respective district.

B.

A use not specifically listed is prohibited unless the Zoning Administrator or their designee determines the use to be part of a use category as described below. If a proposed use is not listed in a use category, but is similar to a listed use, the Zoning Administrator may consider the proposed use part of that use category. When determining whether a proposed use is similar to a listed use, the Zoning Administrator must consider the following criteria:

1.

Actual or projected characteristics of the proposed use;

2.

Amount of site area or floor area and equipment devoted to the proposed use;

3.

Sales volume;

4.

Type of customer;

5.

Number of employees;

6.

Hours of operation;

7.

Building and site arrangement;

8.

Types of vehicles used and their parking requirements;

9.

Number of vehicle trips generated;

10.

How the proposed use is advertised;

11.

Likely impact on surrounding properties;

12.

Whether the activity is likely to be found independent of the other activities on the site.

C.

Where a use not listed is found by the Zoning Administrator not to be similar to any other permitted use, the use is only permitted following a text amendment per Section 11-2.

Places of worship, private K—12 schools, colleges, universities, technical schools, clubs, or museums within any G Government/Institutional district shall be subject to the following standards:

A.

The side and rear yard shall be a minimum of 50 feet.

B.

These uses shall only be allowed on lots that abut a major arterial street as designated by the Georgia Department of Transportation (GDOT).

All assembly uses must have a minimum floor area of 5,000 square feet within the Downtown DT district.

Telecommunications towers and antennas shall be limited to a maximum height of 75 feet, except in the Airport Overlay District, where the maximum height shall be 35 feet. A variance may be granted outside of the Airport Overlay District to increase the maximum allowed height to 90 feet.

A.

Only one temporary storage container is allowed per lot.

B.

No temporary storage container shall block or inhibit the visibility of vehicular traffic or in any way pose a danger to pedestrians or vehicular traffic.

C.

Temporary storage containers shall be allowed to be located in the required front yard, but in no case shall be located within 10 feet of the front lot line.

D.

No dumpster may be parked or stored in a residential zoning district for a period of a time exceeding 30 consecutive days. A dumpster used during active construction under a valid permit may remain for the duration of the active construction.

E.

Within any residential zoning district, no recreational vehicle, trailer or storage container may be parked on a lot that does not contain a permanent dwelling unit or other structure intended for permanent human habitation as its principal use.

F.

No portable storage container may be parked or stored in a residential zoning district for a period of a time exceeding 30 consecutive days during any calendar year. A container used during active construction under a valid permit may remain for the duration of the active construction.

A.

Overview.

1.

The standards of this article dealing with home occupations are designed to protect and maintain the residential character of a neighborhood while permitting certain limited commercial activities that may be carried out in a home.

2.

It shall be unlawful for any person to conduct a home occupation at a residence unless the person has applied for and received a license to do so in compliance with this article. Application for a home occupation permit shall be made in writing on forms provided by the City. Applications shall be reviewed and approved by the Zoning Administrator.

3.

It shall be unlawful for the property owner or their agent to knowingly allow a person to use real estate for a home occupation in violation of this article.

4.

All local and state licenses/permits as well as any necessary licenses/permits from any other agency required for the home occupation must be obtained prior to the business being opened.

5.

A home occupation permit shall remain in effect until either it is revoked, the holder ceases the business, or the holder fails to pay any required occupational tax due the City.

B.

Evaluation standards.

1.

The structure or appearance of the exterior of the dwelling shall not be altered or remodeled for home occupational purposes either by color, materials, construction, lighting, or in any other way.

2.

The entrance to the home occupation portion of the dwelling shall be from either within the dwelling or through an existing entrance; not through a new outside entrance.

3.

No activities shall be allowed and no equipment or material shall be used that would change the fire safety or occupancy classifications of the premises.

4.

Not more than 25% of the floor area in the residential unit may be used for a home occupation. This is a maximum amount regardless of the number of occupations at any one residence. Additionally, a home occupation may occupy a maximum of 200 square feet of floor area of any accessory building.

5.

Hours of operation. Customer visits shall be limited to the hours of 6:00 a.m. to 8:00 p.m.

6.

Any sign shall be non-lighted and non-reflective in nature and shall be attached to the dwelling or accessory building or located within 10 feet thereof. Only one sign with a maximum size of two square feet per home occupation shall be permitted.

7.

The interior of the residence shall maintain an operational kitchen, bathroom, and sleeping area and shall have active utility accounts, including water and electricity.

8.

The home occupation shall not generate pedestrian or vehicular traffic beyond what is normal to the neighborhood where it is located.

9.

There shall be no outdoor display or storage of equipment or material used in the home occupation.

10.

Occupations that are mobile or dispatch-only may be allowed, provided that any business vehicle used for the home occupation complies with this section, and is limited to one business vehicle per dwelling.

11.

A home occupation permit/occupational tax certificate for a home occupation is valid for only the original applicant and is not transferable to any resident, address or any other occupation. Upon termination of the applicant's residency, the home occupation permit shall become null and void.

12.

If there are any changes proposed in the dwelling or in the plumbing or the electrical system, appropriate permits will be required.

C.

Restriction on sales. The home occupation shall involve the sale of only those goods or services produced on the premises, except in the case of mail order or home marketing services.

D.

Mail order or home marketing services. If the home occupation consists of either a mail order business or a home marketing business, the residence will be the mailing address and office only. The business will only take orders at the home and the orders will be filled by direct shipment from factory/warehouse to customer. No inventory beyond samples may be stored on the premises.

E.

Catering and food sales. A home occupation providing food catering or food sales must meet all of the requirements of O.C.G.A. 40-7-19 Cottage Food Regulations.

F.

Beauty shops and barber shops. Beauty shops and barber shops are allowed provided customer visits are by appointment only. The business shall consist of no more than one beauty/barber chair and no more than two customers shall be permitted at one time. Beauty shops and barber shops allowed under these provisions shall be registered with the appropriate licensing and inspection authorities.

G.

In-home childcare.

1.

In-home childcare is limited to six children at a time, including the caregiver's own preschool-aged children.

2.

No other home occupation permit/occupational tax certificate can be combined with an in-home childcare home occupation permit.

3.

Home childcare providers and their employees must also pass a fingerprint check and a preliminary records check to make sure that there is no history of criminal behavior. A background check conducted by the state within 60 days will satisfy this requirement.

4.

All local and state licenses as well as any necessary permits from the Barrow County Environmental Health Unit must be obtained prior to the business being opened.

H.

Impact-related standards.

1.

Noise. The maximum noise level for a home occupation is 50 dBA. Noise level measurements are taken at the property line. Home occupations that propose to use power tools or music must document in advance that the home occupation will meet the 50 dBA standard. The maximum noise level must be adhered to before, during, and after official business hours.

2.

Deliveries. Truck deliveries or pick-ups of supplies or products, associated with the home occupation, are allowed at the home only between 7:00 a.m. and 8:00 p.m.

3.

Vehicles. No more than one marked vehicle may be used in association with the home occupation.

4.

Parking. No on-street parking of business-related vehicles or customers shall be permitted at any time. The home occupation shall have necessary parking needed for both residents and customers without using public roads.

5.

Nuisance. There shall be no emission of smoke, dust, odor, fumes, glare, vibration, electrical or electronic disturbance detectable at the property line or beyond.

6.

Employee. The occupation shall be conducted by members of the family who are actively living in the primary residence and a maximum of one additional employee.

I.

Uses which are not allowed as home occupations.

1.

Motor vehicle and accessory/parts sales, rental, repair and/or painting.

2.

Vehicle detailing, cleaning or vehicle glass repairs.

3.

Combustion engine repairs or cleaning.

4.

Equipment rentals.

5.

The assembly, repair, or reconstruction of major household appliances, including refrigerators, freezers, clothes washers, clothes dryers, dishwashers, stoves, heating equipment, and air conditioning equipment.

6.

Consignment sales where items are stored on the property.

7.

Medical doctors or any practice of physical and/or medical application, including chiropractors and massage therapists or any other uses which involve medical procedures.

8.

Dentists.

9.

Funeral home.

10.

Uses that require the handling of any hazardous or toxic materials.

11.

No home occupation shall include the manufacture, repair, sale or storage of firearms, ammunition or other items which are regulated by the Bureau of Alcohol, Tobacco and Firearms, at the site of the home occupation.

12.

Dismantling, junk, scrap, or recycling materials.

13.

Outdoor recreational or sporting clinics or activities.

14.

Commercial greenhouses or nurseries.

15.

Commercial cabinet or furniture making, furniture refinishing/antique restoration and sales are not permitted.

16.

Restaurant.

17.

Occupation involving explosive materials.

18.

Breeding or selling of animals other than domestic animals typically weighing less than 150 pounds at maturity. Breeding and selling of animals of any weight is not permitted as a home occupation in any R-1B, R-2, R-3, or MH district.

19.

Animal hospitals, veterinary clinics; pet care services such as grooming, animal day cares or kennels of any size.

20.

Garage sales/yard sales are not allowed as a home occupation provided however that garage sales are allowed if they meet the requirements of chapter 13, article IX and are permitted as required by said ordinance.

J.

Consent to inspection. The signature of the applicant upon the application shall grant the consent by the applicant to an inspection of the home occupation premises by the City of Winder. The dwelling in which the home occupation is being conducted shall be open for inspection to City personnel during reasonable hours. Failure by the applicant to allow for the inspection of the premises by the code enforcement officer or position(s) designated by the City administrator shall be grounds for refusal to grant the permit or to revoke any current permit.

K.

Revocation of a home occupation permit/occupational tax certificate. The City administrator or their designee has the authority to revoke a home occupation permit/occupational tax certificate, or modify or amend the conditions of a home occupation permit/occupational tax certificate, upon determining that the use as operated or maintained creates one or more of the following conditions:

1.

A nuisance or other undesirable condition interfering with the public health, safety, or general welfare.

2.

A violation of the provisions of this article or any other applicable law or ordinance, or a violation of the conditions imposed upon the home occupation permit.

3.

Failure to allow the City to inspect the property during hours of operation.

4.

Before revoking a home occupation permit, the City shall give a 10 day written notice to the permit holder addressed or delivered to the premises. The permit holder may appeal the revocation to the City Council by filing a written notice of appeal with the City clerk within said ten-day period. The revocation shall be stayed pending the council's decision on the appeal.

In districts where group living is allowed, the following standards shall apply:

A.

Personal care homes, general requirements.

1.

Each personal care home must obtain all licenses and/or permits required by the state in order to operate. Each personal care home licensed and/or permitted by the state must display its state-issued licenses and/or permits in plain view, visible from the front doorway of the facility.

2.

No personal care home may display any exterior signage that violates the sign ordinance or the sign provisions in the zoning regulations for the underlying zoning district where the personal care home is located.

3.

When a personal care home is located in a residential zoning district, the property owner must reside in the personal care home.

B.

Personal care home, group (four to six persons).

1.

Two copies of complete architectural plans for the subject group personal care home, signed or sealed by a registered architect, shall be submitted to the planning and Zoning Administrator prior to issuance of a building permit or Occupational Tax Certificate.

2.

Each group personal care home must provide at least four parking spaces within a driveway, garage or carport and must comply with any applicable requirements of this chapter.

3.

In order to prevent institutionalizing residential neighborhoods, no group personal care home located in a residential district may be operated within 3,000 feet of any other group personal care home. The 3,000 foot distance requirement is measured by a straight line which is the shortest distance (i.e., "as the crow flies") between the property lines of the two tracts of land on which the group personal care homes are located.

C.

Personal care home, community (seven or more persons).

1.

Two copies of complete architectural plans for the subject community personal care home, signed or sealed by a registered architect, shall be submitted to the Zoning Administrator prior to issuance of a building permit or an Occupational Tax Certificate.

2.

Each community personal care home must provide at least one-half parking spaces for each employee and resident, and must comply with any applicable requirements of this chapter.

No outdoor activity associated with boarding of animals is allowed for any veterinary office, animal hospital, or animal clinic. Animal grooming shall be permitted as an accessory use.

A.

All such parks must be connected to public water and sewer facilities.

B.

No such park shall be located except with direct access to an arterial street and having a minimum of 300 feet of frontage thereon to permit adequate design of entrances and exits. No entrance or exit shall be through a residential district, or shall require movement of traffic from the park through a residential district.

C.

The minimum area for such park shall be 5 acres, and the maximum density shall be 5 units per gross acre.

D.

No recreational vehicle (RV) may be located in the same recreational vehicle (RV) park for more than 14 consecutive days within a 60 day period.

E.

Management headquarters, recreational facilities, showers, coin-operated laundry facilities, and other uses and structures customarily incidental to operation of a recreational vehicle park are permitted as an accessory use in any district in which recreational vehicle parks are allowed, provided that:

1.

Such establishments and the parking areas primarily related to their operations shall not occupy more than 10% of the area of the park.

2.

Such establishments shall be restricted to the use of occupants of the park.

3.

Such establishments shall present no visible evidence of their commercial character that would attract customers other than occupants of the park.

All impound lots, salvage yards, and junk yards shall be subject to the following standards:

A.

Must be located on a lot of at least 2 acres.

B.

Must not have more than 50 vehicles stored or parked at any time.

C.

Must comply with the buffer requirements of Section 3-5.

D.

The site shall be enclosed by a wall or opaque fence not less than eight feet in height.

E.

No activity and no vehicle storage associated with such uses shall be conducted within 100 feet of any property zoned or used for residential purposes.

F.

No activity and no vehicle storage associated with such uses, except for deliveries, pickups, and signs, shall be conducted within 50 feet of the street right-of-way.

G.

No activity and no vehicle storage associated with such uses shall be conducted within 50 feet of the side and rear property lines, unless the adjacent property is zoned I (Industrial).

H.

The use shall not be permitted within 300 feet of any property used for a school, park, playground or hospital.

I.

The sale of automobile parts removed from vehicles on the site shall be permitted.

J.

Drive aisles shall be provided to provide access to buildings and vehicle storage areas.

A.

Non-commercial keep and raising of animals must meet standards in Chapter 4.

B.

All animals shall be restricted to the rear yard. No animal shall be allowed within 15 feet of any adjacent property with a residential use. Animals shall not be allowed to run on any adjacent properties.

C.

All places where animals are kept shall have drainage sufficient to prevent standing water in yards or pens and to prevent waste products from entering storm drains, rivers, streams, or sewer lines.

D.

No slaughtering of any animals shall be allowed.

A.

In case of conflict between the provisions of this section and regulations of the Barrow County Environmental Health Unit, or ordinances or regulations of any other agency, whichever provisions are the most restrictive shall apply.

B.

Existing mobile home parks operating without an occupational tax certificate shall be required to meet the provisions of this section before a license shall be issued.

C.

Minimum standards.

1.

No mobile home trailer shall be allowed within three hundred (300) feet of an existing residence.

2.

A mobile home park shall be located on a well-drained site, properly graded to ensure rapid drainage, and shall be free from stagnant pools of water.

3.

No mobile home park site shall be issued a permit which contains an area less than 5 acres.

4.

Where any boundary of a mobile home park directly abuts property which is improved with a permanent residential building located within 25 feet of such boundary, or directly abuts unimproved property which may under existing laws and regulations be used for permanent residential construction, a fence, a wall and/or a hedge shall be provided along such boundary.

5.

Not less than 10% of the total site area shall be set aside as a recreation area in a mobile home park. Such recreation area shall be made safe from traffic by an enclosure or other device.

6.

It shall be the duty of the licensee, permittee or duly authorized attendant or caretaker in charge, at all times to keep a mobile home park, its facilities and equipment in a clean, orderly and sanitary condition.

7.

No such trailer shall be closer than 30 feet from the center line of any road within the park.

8.

All roads within a mobile home park shall be surfaced. These roads shall be easily accessible to all mobile home trailers and shall be adequately lighted.

9.

All mobile home spaces in a mobile home park shall abut upon an interior driveway. Each mobile home shall be parked with the mobile home hitch fronting on, or directly accessible to, any conforming interior road. All interior driveways shall have not less than 50 feet of right-of-way with a minimum of 20 feet of paving between paved drainage aprons.

10.

In mobile home parks where parking is permitted on interior roads, such roads shall be paved in excess of 20 feet, sufficient to allow for parking automobiles.

11.

Entrances and exits to and from a mobile home park shall be well marked and easily controlled and supervised. Entrances and exits shall meet the standards of the state department of transportation.

12.

The walkways to the various buildings within a mobile home park shall be adequately surfaced and lighted.

13.

Each mobile home trailer lot space within a mobile home park shall be a minimum of 60 feet by 80 feet in size and shall have a minimum area of 4,800 square feet.

14.

Each mobile home trailer lot space within a mobile home park shall have a concrete patio not less than 8 by 12 feet, over which an awning may be placed, provided that no structure will be allowed on such patio or abutting trailer.

15.

No mobile home side shall be less than 15 feet from the side of any other mobile home in a mobile home park, and no end shall be closer than 12 feet to any other mobile home.

16.

No mobile home shall be located closer than 20 feet from any building within a mobile home park.

17.

Skirting shall be required for all mobile homes and must consist of wood of a minimum thickness of 3/8 inches, vinyl, aluminum, concrete block, or true hard coat stucco.

18.

Garbage and refuse collection stations shall not be more than 100 feet from any mobile home, and there shall be vehicular access to every garbage and refuse collection station.

19.

Each mobile home space in a mobile home park shall be provided with garbage containers with a tight-fitting lid, sufficient in number and size to hold all garbage and waste from mobile homes, provided that substances other than metal with equivalent strength and durability shall be permitted. Waste shall be removed from the premises and disposed of often enough to prevent a nuisance or health hazard. The containers shall be kept in a sanitary condition and shall be at least 3 inches off the ground, preferably on a metal rack or hanger provided for such purpose.

20.

Laundry facilities in a mobile home park shall be centrally located but not over 500 feet from any mobile home.

21.

Any action towards the removal of wheels, except for the temporary purpose of repair, or other action to attach the trailer to the ground by means of posts, piers, foundation or skirting, shall subject the mobile home to the requirements of the building code.

A.

Seasonal activities and/or temporary events are only allowed in zoning districts where they are permitted and with a valid permit.

B.

The Zoning Administrator shall have the authority to grant temporary event permits for seasonal activities and/or temporary events upon a determination that the activity or event, if permitted, would not cause substantial detriment to the public good, would not interfere with another event for which a permit has been issued, would not negatively affect the safety and welfare of pedestrian and vehicular traffic, nor would it impair the purposes or intent of this ordinance.

C.

If no building permit is required for the seasonal activity and/or temporary event, the Zoning Administrator shall have up to one week following the date of receipt of a written request for the temporary event permit to make a decision on the issuance of the temporary event permit. If the Zoning Administrator fails to act on the issuance before the expiration of the one-week period, the Zoning Administrator shall be deemed to have approved the temporary event permit request.

D.

If a building permit is required for the seasonal activity and/or temporary event, the Zoning Administrator shall have up to two weeks following the date of receipt of a written request for the temporary event permit to make a decision on the issuance of the temporary event permit. If the Zoning Administrator fails to act on the issuance before the expiration of the two-week period, the Zoning Administration shall be deemed to have approved the temporary event permit request.

E.

Application requirements.

1.

Any applicant for a permit for a seasonal activity and/or temporary event shall have the written authorization of the property owner.

2.

All applications must be submitted at least 45 calendar days in advance of the event.

3.

Applicants for farmers or other regularly scheduled markets shall submit a schedule for approval and receive an annual permit for the months specified within that schedule.

4.

No single temporary outdoor sales permit for regularly scheduled markets shall be approved for the same lot or any portion thereof for a total of more than 90 days in a calendar year. Special events other than regularly scheduled markets and film production shall be subject to the requirements of Chapter 13 Article X.

5.

These uses shall be permitted only on lots that have access to improved parking areas with a curb cut.

6.

No operator, employee, or representative shall solicit directly to the motoring public.

7.

As a part of the application for a temporary outdoor sales permit, a scaled drawing indicating the boundary of the site, parking and location of associated activities, and/or structures shall be provided.

8.

Vendors shall be responsible for refuse and debris clean up. Property sanitation and maintenance requirements shall be strictly adhered and enforced by City code enforcement.

F.

If the temporary outdoor event involves structures that require issuance of a building permit, a site plan of the event shall be included with the building permit application. The site plan submittal required by this chapter shall indicate compliance with all requirements of this chapter.

G.

Duration, frequency and hours of operation of temporary outdoor uses:

Temporary outdoor displays must:

A.

Be located adjacent to the primary entrance of the establishment and may not extend more than 10 feet from the building façade.

B.

Not exceed 6 feet in height.

C.

Be removed and placed inside a fully-enclosed building at the end of each business day.

D.

Not encroach upon any public right-of-way or required sidewalk, except where the building is located less than 2 feet from the right-of-way, in which case the Zoning Administrator may approve a temporary encroachment into the right-of-way.

E.

Not include any tires, wheels, or vehicle parts. All tires, wheels, and vehicle parts must be located within a building at all times.

F.

Temporary outdoor retail sales displays shall include the display and sale of retail merchandise associated only with the principal use of the primary business on the property for a limited period of time.

G.

Temporary outdoor retail sales display activities are prohibited on a vacant parcel.

H.

Lights associated with temporary outdoor displays must meet the standards of this code.

Commercial outdoor storage must:

A.

Be set back from all property lines including the appliable buffer requirements.

B.

Meet the screening requirements of Section 3-14.

C.

The following regulations shall apply to outdoor storage of materials, supplies, equipment, or vehicles. The term "outdoor storage" does not include outside display of merchandise; outdoor temporary sales or events; auto-dealerships; salvage yards; junkyards; automobile wrecking yards; or storage yards for non-operable, confiscated, or dilapidated vehicles, equipment, or materials. Outdoor storage associated with the operation of a commercial and industrial businesses is allowed subject to the following requirements:

1.

The outdoor storage area shall be at least 50 feet from the street right-of-way.

2.

The outdoor storage area shall be screened so as not to be visible at ground level from any adjoining property or public street.

i.

A ten-foot-wide evergreen landscape buffer around the outside perimeter of the screened area shall be provided when adjacent to any property not zoned I (Industrial).

ii.

Fence screening must meet standards in Section 3-20.

3.

The materials stored must be for use by the owner and not displayed for sale to third parties.

4.

Fleet vehicles associated with the operation of the business are exempt from these requirements.

Effective as of the date of this section the number of occupational tax certificates granted to tobacco retailers in the City of Winder shall be four (4). Applications for occupational tax certificates for tobacco retailers shall be filed with the Planning Department on or before April 15th of each year and shall be processed in the order of which they are received until the maximum number of certificates are granted for that year.

A.

Private (restricted-access) electric-vehicle (EV) charging stations are permitted as accessory uses in all zoning districts.

B.

Public EV charging stations are permitted as accessory uses to permitted nonresidential uses in all zoning districts.

C.

Public electric vehicle charging stations must be reserved for parking and charging electric vehicles. Electric vehicles may be parked in any space designated for public parking, subject to the restrictions that apply to any other vehicle.

D.

Equipment. Vehicle charging equipment must be designed and located so as to not impede pedestrian, bicycle or wheelchair movement, or create safety hazards on sidewalks.

E.

Maintenance. Electric vehicle charging stations must be maintained in all respects, including the functioning of the equipment. A phone number or other contact information must be provided on the equipment for reporting when it is not functioning, or other problems are encountered.

F.

Parking. Electric vehicle charging stations may be counted toward satisfying minimum off-street parking space requirements.

G.

Electric vehicle charging stations shall not be connected to a combustible fuel source. Connectivity to sustainable energy sources are encouraged and may be approved by the Zoning Administrator or their designee, provided compliance with all additional local, state, and federal regulations.

A.

Fuel pumps as accessory uses shall be well lit, covered by a canopy, and comply with the following standards:

1.

The primary building (i.e., convenience store or automobile service station) shall conform to all primary building setbacks.

2.

Canopies covering gasoline dispensers shall be set back not less than 15 feet from all street rights-of-way.

3.

The canopy shall not exceed the height of the principal building, but in no case shall exceed 20 feet in height.

4.

The canopy and its columns shall be complementary to the overall color scheme and building materials scheme of the building facade to which the canopy is accessory.

5.

Canopy lighting shall not extend beyond the area beneath the canopy and all fixtures shall be recessed, including any fixture or lens. Lighting shall project inward and downward, shall not have any spillover to adjacent properties, and shall cut off no later than 30 minutes after closure of the facility.

6.

Automobile service stations with gas sales shall have a capacity to store one car per bay (car area in front of a pump), so as not to interfere with driveway ingress and egress traffic flow.

7.

A minimum of 30 feet is required between a property line and the nearest gasoline pump.

A.

Automobile and machinery repair shall not be permitted on property located within 300 feet of any property used for a school, park, playground or hospital.

B.

All activities shall be carried on entirely within an enclosed building, unless in I district. For purposes of determining whether a building is enclosed, the use of open overhead bay doors that can be closed shall be permitted.

C.

Cars awaiting service shall be stored inside an enclosed building or in the side or rear yard striped spaces.

D.

Vehicles shall not be stored on site for more than 60 days. An inventory log shall be maintained at all times that includes each vehicle on site, the type of repair needed, the date the vehicle arrived on site, and the date the service is complete. Vehicles waiting for service or pick up being stored on site shall be screened with screening that meets Section 3-14 of this chapter.

E.

Parking spaces required for this use in Section 3-11 shall not be used for cars awaiting service or cars awaiting pick up.

F.

No automobile sales or automobile brokerages are permitted on the same property or in the same building as this use.

G.

Drive aisles shall be provided to provide access to buildings and vehicle storage areas.

A.

A vape or CBD retail store shall be located no closer than 1,000 feet from another vape or CBD retail store. The measurement of distances for purposes of this subsection shall be from structure to structure along the shortest possible course (i.e., "as the crow flies"), regardless of any customary or common route or path of travel.

B.

A vape or CBD retail store shall be located on property that is located no closer than 1,000 feet from a residential district or from property being used for residential purpose. The measurement of distances for purpose of this subsection shall be from property line to property line along the shortest possible course (i.e., "as the crow flies"), regardless of any customary or common route or path of travel.

C.

An vape or CBD retail store shall be located no closer than 500 feet from any church and no closer than 1,000 feet from any governmental facility, residence, park, library, school ground, day care, or college campus. The measurement of distances for purposes of this subsection shall be from property line to property line along the shortest possible course (i.e., "as the crow flies"), regardless of any customary or common route or path of travel.

D.

All vape products shall be located in a restricted area which is not accessible by the general public. Examples include, but are not limited to, behind a glass enclosure or behind the cashier.

The following provisions shall be required for automobile salvage, wrecking yards and junkyards, primary or accessory:

A.

The site shall be enclosed by a wall or opaque fence not less than eight feet in height.

B.

No activity and no vehicle storage associated with such uses shall be conducted within 100 feet of any property zoned or used for residential purposes.

C.

No activity and no vehicle storage associated with such uses, except for deliveries, pickups, and signs, shall be conducted within 50 feet of the street right-of-way.

D.

No activity and no vehicle storage associated with such uses shall be conducted within 50 feet of the side and rear property lines, unless the adjacent property is zoned I (Industrial).

E.

The use shall not be permitted within 300 feet of any property used for a school, park, playground or hospital.

F.

The sale of automobile parts removed from vehicles on the site shall be permitted.

G.

A ten-foot-wide evergreen landscape buffer around the outside perimeter of the screened area shall be provided when adjacent to any property not zoned I (Industrial).

H.

Drive aisles shall be provided to provide access to buildings and vehicle storage areas.

A.

Food trucks shall be permitted as an accessory use in all districts in conjunction with an event.

B.

Food trucks may not be stored in residential districts.

C.

Food trucks stored in non-residential districts shall meet the outdoor storage standards in Section 4-15.

A.

Kennels, commercial boarding and breeding kennels.

1.

Any building or enclosed structure used for kennels shall be located and related activities shall be conducted at least 100 feet from any property line and at least 200 feet from property zoned for residential use.

2.

Kennels shall be located on a site of not less than one acre.

3.

Any building or enclosed structure used for kennels shall be constructed and related activities shall be conducted in accordance with applicable law.

4.

All outdoor areas used as a dog kennel or outdoor confinement must be surrounded by an opaque fence or wall no less than eight feet in height.

5.

The floor of all buildings or structures used as a kennel to which animals have access shall be surfaced with concrete or other impervious material.

6.

The portion of the building or structure in which animals are housed shall be adequately soundproofed to meet the minimum requirements of the city's noise ordinance.

B.

Animal hospitals and veterinary clinics.

1.

Any building or enclosed structure used as an animal hospital or veterinary clinic shall be located and the activities associated with the use shall be conducted at least 100 feet from any property zoned or used for residential purposes.

2.

When located within a shopping center, the use shall be adequately soundproofed and odor proofed so as not to create a nuisance.

3.

No boarding shall be allowed unless required in connection with medical treatment.

4.

Outside runs or kennels are prohibited.

C.

Pet grooming shops.

1.

Any building or enclosed structure used as a pet grooming shop shall be located and activities shall be conducted at least 100 feet from any property zoned or used for residential purposes.

D.

Pet day care.

1.

Any building or enclosed structure for the housing of animals associated with a pet day care use shall have a minimum setback of at least 100 feet from all property lines and at least 200 feet from property zoned or used for residential use. All areas housing animals shall be completely enclosed by walls or fences at least five feet in height.

2.

Pet day care shall be located on a site of not less than .5 acre to allow for adequate yard space.

A.

Where a lot is used for automobile or truck and trailer sales, all inventory vehicles parked outdoors shall be set back at least ten feet from the street right-of-way.

B.

No other uses shall be on the same property or in the same building with automobile and truck sales, with the exception of accessory services offered by the primary business.

C.

The automobile and truck sales lot shall be on a lot no less than three acres in area.