Except as expressly provided herein, any use not expressly permitted in any given zoning district is prohibited in that zoning district.

The following uses are prohibited in all zoning districts:

1.

Commercial meat packing, slaughtering, eviscerating and skinning;

2.

Commercial poultry killing, plucking and dressing;

3.

Commercial rendering of byproducts of slaughtering and killing animals or poultry;

4.

Yards for the sale, transfer or temporary holding of livestock;

5.

Use of equipment which causes off-site radio or television interference;

6.

Landfills and junkyards; and

7.

Outside storage on any property that is not customarily incidental and subordinate to the principal building or is not otherwise expressly permitted in any given zoning district.

A "permitted use" is a use that is specifically permitted as a matter of right in a particular district by this ordinance, provided that the use meets the building or structure, parking, yard, loading area, setback and height regulations contained in this ordinance.

A "special use" is a use that may be permitted in a particular district in accordance with the provisions of this ordinance, provided that the building or structure, parking, yard, loading area, setback and height regulations contained in this ordinance are met and, after compliance with the procedural requirement of this ordinance, the use is approved by the city council.

4.3.1.

Intent and purpose. The R-1 Residential District is intended to establish and preserve quiet, stable, residential neighborhoods at low densities, free from other uses except those which are compatible with and convenient to the residents of such a district.

4.3.2.

Permitted uses.

(1)

Single-family dwellings;

(2)

Churches, fraternal organizations and auxiliary uses;

(3)

Public uses;

(4)

Accessory uses and home occupations;

(5)

Agriculture - subsistence farming. New structures for the care and feeding of poultry and livestock shall meet local and state health codes; and

(6)

Group care homes, provided there shall be no more than six residents, excluding staff licensed by the State of Georgia to provide care to the residents at such home.

4.3.3.

Special uses.

(1)

Duplex residential structures;

(2)

Multifamily structures or apartments;

(3)

Manufactured homes, subject to the following requirements:

(a)

The location of the manufactured home upon the lot is approved by the Towns County Health Department;

(b)

The tongue(s), axles and wheels for the manufactured home are permanently removed from the manufactured home;

(c)

The manufactured home is permanently affixed to a permanent foundation;

(d)

If the manufactured home is permanently affixed to a pier and beam foundation, the manufactured home must be underpinned by block or skirting so that the area beneath the manufactured home cannot be seen;

(e)

The area beneath and around the manufactured home must be graded and sloped to avoid surface water accumulation;

(f)

A vapor barrier, having a permanence rating of 1.0 or less, must be placed on the ground beneath the manufactured home. The edge of the vapor barrier material must be overlapped a minimum of 12 inches and be void of holes;

(g)

The manufactured home is returned for ad valorem taxation in the same manner as constructed residential housing;

(h)

If the manufactured home uses city water, it is served by its own separate water meter;

(i)

The manufactured home must be equipped with hurricane strap tie downs, which must be installed; and

(j)

The manufactured home is less than 15 years old;

(4)

Manufactured home parks, provided that:

(a)

Two acres are devoted to park purposes;

(b)

Each improved lot shall contain 5,000 square feet;

(c)

Each manufactured home shall meet the setback requirements;

(d)

Adequate facilities for sewerage shall be provided;

(e)

The location of the manufactured home within the trailer park is approved by the Towns County Department of Health;

(f)

The axles, tongue(s) and wheels for the manufactured home are removed;

(g)

The manufactured home must be equipped with hurricane strap tie downs, which must be installed;

(h)

The manufactured home is underpinned by block or skirting so that the area beneath the manufactured home cannot be seen;

(i)

If the manufactured home uses city water, it is served by its own separate water meter;

(j)

The area beneath and around the manufactured home must be graded and sloped to avoid surface water contamination;

(k)

Manufactured homes must be less than 15 years old on the date the special use permit application is filed; and

(l)

Shall comply with all the regulations of the Subdivision and Land Development Ordinance;

(5)

Agriculture - small scale, including the sale of products grown on the premises. New structures for the care and feeding of poultry and livestock shall meet local and state health codes. The raising of poultry and livestock for large-scale commercial purposes is prohibited;

(6)

Guesthouses containing not more than four guest rental rooms; and

(7)

Group care homes.

4.4.1.

Intent and purpose. The G-B General Business District is intended to provide areas for limited small scale commercial uses of a convenience nature, serving nearby residential neighborhoods, as opposed to a regional market. The district is not intended to accommodate large scale intensive commercial activities that are of such magnitude or type that would result in the generation of excessive traffic, noise, odors, pollution, safety hazards, or other adverse impacts which would detract from the desirability of adjacent properties for residential use. In general, the business district includes offices and retail and service establishments. Buffer requirements are listed in section 4.9.

4.4.2.

Permitted uses.

(1)

Retail businesses and services, including the manufacture of articles for sale on the premises. Manufacturing shall be incidental to the retail business;

(2)

Restaurants, excluding drive-in restaurants;

(3)

The production of arts and crafts by hand and the sale of such products;

(4)

Radio stations;

(5)

Public uses;

(6)

Churches;

(7)

Group care homes.

4.4.3.

Special uses.

(1)

Any building over 3000 sq. ft.;

(2)

Service stations; convenience stores;

(3)

Hotels and motels;

(4)

Mixed uses;

(5)

Drive-through service;

(6)

Communication towers;

(7)

Any use which is similar in intensity and impact to the uses permitted in this zoning classification, but not specifically listed.

(Ord. No. 2024-004, § 1, 9-10-2024)

4.5.1.

Intent and purpose. The S-B Special Business District is intended to protect and promote the educational, cultural, economic, and general welfare of the public through the preservation and protection of the natural amenities of the land, architecturally worthy structures which exhibit a distinct aspect of the community and which serve as visible reminders of the history and cultural heritage of the community, state, or nation. Intended to be more restrictive than G-B General Business, this district will provide for limited small scale commercial uses of a nature which encourages an ambiance to enhance tourism through shopping, dining services, and a mountain environment, which are of benefit to local residents. Buffer requirements are listed in section 4.9.

4.5.2.

Permitted uses.

(1)

Retail businesses and services;

(2)

Restaurants, excluding drive-in restaurants;

(3)

The production of arts and crafts by hand and the sale of such products;

(4)

Churches.

4.5.3.

Special uses.

(1)

Any building over 2000 sq. ft.;

(2)

Service station/convenience stores;

(3)

Public uses;

(4)

Hotels and motels;

(5)

The manufacture of articles for sale on the premises. Manufacturing shall be incidental to the retail business;

(6)

Single-family dwellings; and

(7)

Any use which is similar in intensity and impact to the uses permitted in this zoning classification, but not specifically listed.

(Ord. No. 2024-004, §§ 2, 3, 9-10-2024)

4.6.1.

Intent and purpose. The I Industrial District is established with the purpose of reserving certain areas with relatively level topography, adequate water and sewerage facilities, and access to arterial streets for industrial operations, but where such areas' proximity to residential and other districts makes it desirable to limit industrial operations to those that are not objectionable by reason of the emission of noise, vibration, smoke, dust, gas, fumes, odors, or radiation and that do not create fire or explosion hazards or other objectionable conditions. Uses within this district are intended to foster a mix of commercial, light industrial, civic, entertainment and cultural uses. Certain commercial uses which are most appropriately located as neighbors of industrial uses are also included within this district. Buffer requirements are listed in section 4.9.

4.6.2.

Permitted uses.

(1)

Public utility structures and offices, storage and operations;

(2)

Public uses;

(3)

Building material sales;

(4)

Catering establishments;

(5)

Laundry, dry-cleaning and carpet cleaning;

(6)

Sheet metal, welding, metal working, machine shop or tool repair;

(7)

Garage or shop for the repair and servicing of motor vehicles, heavy equipment or machine parts;

(8)

Fitness center;

(9)

Craft manufacturing;

(10)

Breweries, microbreweries, distilleries or craft distilleries; and

(11)

Cabinet, woodworking, upholstery shop, or furniture manufacturing.

4.6.3

Special uses.

(1)

Outside storage incidental to a permitted use. In no event shall open storage of wrecked, junked or salvaged vehicles be permitted.

4.6.4

Control of Air Pollution from Emission and Particulate Matter. Every use shall be so operated as to prevent any outdoor burning, incineration, or other emissions of particulate matter from any source to exceed allowable rates specified in the Georgia Air Quality Act, O.C.G.A. 12-9-1, et seq., incorporated herein by reference.

4.6.5

Storage of Flammable Materials. The storage and use of all flammable liquids and materials such as pyroxylin plastics, nitrocellulose film, solvents and petroleum products shall be permitted only when such storage or use conforms to all applicable fire prevention and fire safety standards.

(Ord. No. 2021-ORD-6, 4-6-2021)

4.7.1.

Intent and purpose. The S-I Special Institutional District is established with the purpose of providing access to educational and cultural venues. Buffer requirements are listed in section 4.9.

4.7.2.

Permitted uses.

(1)

Public and private elementary and high school educational facilities;

(2)

Public and private colleges and universities, including all auxiliary uses associated with such institutions;

(3)

Public uses;

(4)

Churches;

(5)

Single-family dwellings, excluding manufactured homes.

4.7.3.

Special uses.

(1)

Duplex and multifamily residential structures, specifically excluding manufactured homes;

(2)

Retail and retail service establishments;

(3)

Printing plants and book binderies; and

(4)

Single-family dwellings.

4.7.4.

Young Harris College Overlay District.

(1)

There is hereby established the Young Harris College Overlay District, which is a sub classification of the S-I Special Institutional District and which shall itself be divided into two sub classifications, Zone A and Zone B.

(2)

Zone A. Use regulations within this district shall be the same as for the S-I Special Institutional District with these following exceptions:

(a)

Building setbacks. All buildings shall be subject to a 50-foot setback from the centerline of any public road or street adjacent thereto. Additionally, all buildings shall be subject to a 50-foot setback from any property zoned or used for residential purposes, which shall be measured from the closest side or corner of the building or improvement located in Zone A to the property line of the adjacent residential property.

(3)

Zone B. Use regulations within this district shall be the same as for the S-I Special Institutional District with the following exceptions:

(a)

Building setbacks. All buildings shall be subject to a 50-foot setback from the centerline of any public road or street adjacent thereto. Additionally, all buildings shall be subject to a 50-foot setback from any property zoned or used for residential purposes, which shall be measured from the closest side or corner of the building or improvement located in Zone B to the property line of the adjacent residential property.

(Ord. of 5-2-2017; Ord. No. 2024-004, § 4—6, 9-10-2024)

The following area, setback and height requirements are adopted for all of the following zoning districts of the City of Young Harris, Georgia. Area means the minimum size of any individual lot. Setback means the distance between any structure and any right-of-way or adjacent lot. Height means the maximum permissible height of a structure, measured as the vertical distance from the lowest finished grade adjacent to the building footprint to a point equal in height to the highest point of the structure, excluding any items listed in section 7.3 of this ordinance.

(Ord. of 12-4-2018, § 4; Ord. No. 2024-004, § 7, 9-10-2024)

When a nonresidential zoning district abuts a residential district or a residential property, there shall be a ten-foot wide buffer located along the boundary of the nonresidentially zoned lots bordering the residential lot, on the nonresidentially zoned property. The buffer shall include a visual barrier including opaque fencing at least eight feet in height, natural vegetation which forms a visual barrier at least eight feet tall, or planted vegetation which is properly designed and maintained to form an eight-foot visual barrier within three years from the date of planting. In the event opaque fencing is used, the finished side of the fencing shall be oriented to the residential district or residential property. Nothing in this section shall prevent opaque fencing from being finished on two sides.

(Ord. of 12-4-2018, § 6)

4.10.1.

District scope and intent. Regulations in this section establish the Planned Unit Development District, to include Mixed-Use PUD, Conservation PUD, and the Infill Residential PUD. The PUD district identifies land areas for a variety of uses within a planned community setting. To meet the goals and purposes listed in this section. The PUD District is intended to:

(1)

Encourage the development of large tracts of land as planned communities as Mixed-Use PUDs or Conservation PUDs, and the development of smaller tracts as planned communities as Infill PUDs;

(2)

Encourage flexible and creative concepts in site planning;

(3)

Preserve the natural amenities of the land by encouraging scenic and functional open space areas;

(4)

Provide for an efficient use of land and an adequate stock of housing that is affordable to the local workforce; and

(5)

Provide a stable residential environment compatible with surrounding residential areas, that incorporates amenities such as common open space, sidewalks, green space, etc.

4.10.2.

Permitted uses.

(1)

Single-family attached dwellings;

(2)

Single-family detached dwellings;

(3)

Multifamily dwellings;

(4)

Townhouses;

(5)

Condominiums;

(6)

Apartments, above or behind commercial and office uses in the same building;

(7)

Accessory buildings and uses;

(8)

Churches;

(9)

Clubs or lodges;

(10)

Colleges and universities;

(11)

Commercial and office uses (as allowed per conditions of zoning);

(12)

Day care facilities;

(13)

Family day care;

(14)

Golf courses;

(15)

Group homes;

(16)

Home occupations;

(17)

Neighborhood recreation centers;

(18)

Parks, private;

(19)

Retirement centers;

(20)

Schools, private;

(21)

Retail establishments;

(22)

Restaurants; and

(23)

Other uses expressly permitted by the city council as part of PUD zoning approval.

4.10.3.

Master plan. A preliminary master plan of the planned development shall be submitted at the time of filing for rezoning to PUD zoning district. The preliminary master plan shall contain the information required in the city's development regulations for a preliminary subdivision plat. In addition, areas to be dedicated for public use shall be shown on the plan. The plan shall represent an overall land use concept which is in keeping with the spirit and intent of the PUD District as described in this ordinance. Said plan shall be prepared by an architect, landscape architect, engineer or land surveyor whose Georgia registration is current and valid, and the plan shall be signed and sealed by such registered professional. The plan shall become a condition of the rezoning, and any variations to said plan after rezoning approval that would change a use, increase the land area of a specific land use or increase the number of dwelling units proposed in the development shall require the approval of the city council, and shall require the same procedures as a rezoning or special use approval.

4.10.4.

Development standards.

(1)

Height regulations: Single-family residential buildings shall not exceed a height of 35 feet or 2½ stories, whichever is higher; multifamily and nonresidential use buildings shall not exceed a height of 35 feet.

(2)

Maximum lot coverage: As specified in conditions of zoning.

(3)

Minimum lot area per dwelling unit:

Single-family detached: As specified in conditions of zoning.

Townhouse/attached: As specified in conditions of zoning

(4)

Maximum density:

Single-family detached: As specified in conditions of zoning.

Multifamily: 14 units per gross acre.

Townhouse/attached: 12 units per gross acre.

(5)

Minimum lot width: As specified in conditions of zoning.

(6)

Minimum PUD development frontage: 60 feet.

(7)

Minimum lot frontage: As specified in conditions of zoning.

(8)

Minimum heated floor area per unit: As specified in conditions of zoning.

(9)

Minimum perimeter setback entire PUD development: As specified in conditions of zoning.

(10)

Minimum interior setbacks: As specified in conditions of zoning.

(11)

Minimum building separation multifamily: As specified in conditions of zoning.

(12)

Minimum buffer requirements: As specified in conditions of zoning.

(13)

Green space: The PUD development shall maintain the required amount of green space, which shall be titled in such a manner as to ensure that the green space shall be maintained in perpetuity. Green space areas may include, but not be limited to, wetlands, river buffer zones, woodlands, wildlife corridors, pastures, meadows, and similar natural property. Green space land shall be undisturbed and undeveloped, with the exception of walking trails. Hunting shall not be permitted in green space areas.

(14)

Other required standards:

(a)

The approved plat shall be recorded in accordance with the provisions of the city's subdivision and development regulations.

(b)

Agreements, covenants, declarations, and other contracts which govern the use, maintenance, and protection of a PUD shall be attached to or noted on the plat and deed to each property and be made part of the official zoning file.

(c)

Protection of wetlands, creeks and streams should be provided where appropriate. Areas designated as historic or archaeological resources should be protected and placed inside common open space wherever possible.

(d)

All on-site utilities shall be installed underground. Large transformers shall be placed on the ground within pad mounts, enclosures or vaults. The developer shall provide adequate landscaping to screen all above-ground facilities.

4.10.5.

Use requirements.

(1)

Mixed use PUD.

(a)

A mixed-use PUD shall be a mixture of single-family residential uses, commercial and/or office/institutional uses.

(b)

Single-family residential uses may be detached, semi-attached or attached. Semi-attached and/or attached residential uses may be in the form of townhouses, row houses, stacked flats, senior housing or other arrangements as approved by the mayor and city council.

(c)

Commercial uses may be stand alone, or integrated with residential uses in the form of live/work flex units, multi-story retail/loft combinations.

(d)

Office/institutional uses may be stand alone or integrated with commercial uses in the form of multi-story retail/office combinations. Office uses may also be combined with residential uses to form live/work flex units, office/commercial, residential units or multi-story retail/office/residential loft combinations.

(e)

Each mixed use PUD shall provide 40 percent of common open space with a minimum of 20 percent in green space. Common open space shall be land set aside for recreation, conservation or civic uses, and is not contained on lots proposed for residential, commercial and/or office uses.

(f)

The preliminary master plan shall list the breakdowns by acreage of the different uses within the PUD. Generally, commercial uses should constitute no more than 30 percent of the total project land or gross floor area. Office uses should constitute no more than 30 percent of project land or gross floor area.

(2)

Conservation PUD.

(a)

A conservation PUD is for detached, attached or semi-attached single-family residences where common open space is the central organizing element of the design and that identifies and permanently protects green space within the boundaries of the PUD. A conservation PUD is not a use per se, but rather, a land planning technique that allows the clustering of uses in order to protect common open and green spaces.

(b)

Each conservation PUD shall provide a minimum of 40 percent of common open space to include at least 30 percent green space. Common open and green spaces are the portions of the PUD that have been set aside for permanent protection. Activities within these spaces are restricted in perpetuity through the use of an approved legal instrument.

(c)

Common open space shall be land set aside for recreation, conservation or civic uses, and is not contained on lots proposed for residential, commercial and/or office uses. Open space within conservation PUDs may be used for any of the following:

(i)

Conservation of natural, archeological or historical resources;

(ii)

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

(iii)

Walking or bicycle trails, provided they are constructed of porous paving materials; passive recreation areas;

(iv)

Active recreation areas, provided that they are limited to no more than ten percent of the total open space. Active recreation areas may include impervious surfaces. Active recreation areas in excess of this limit must be located outside of the protected common open space;

(v)

Nonstructural stormwater management practices;

(vi)

Easements for drainage, access, and underground utility lines; or

(vii)

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

(d)

Common open space may not be used for:

(i)

Golf courses;

(ii)

Roads, parking lots and impervious surfaces, except as specifically authorized in this section; or

(iii)

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

(e)

The common open space shall be permanently protected from development by a legal instrument.

(3)

Infill Residential PUD.

(a)

An Infill Residential PUD is for detached, attached or semi-attached single-family residences that identifies and permanently protects green space within the boundaries of the PUD.

(b)

Infill Residential PUDs are limited to a maximum gross acreage of ten acres. Properties proposed to be rezoned to infill residential PUD must have been lots of record for the two years immediately preceding the application, and no partial parcel rezonings shall be permitted.

(c)

Each Infill Residential PUD shall provide a minimum of 20 percent of common open space. Common open spaces are the portions of the PUD that have been set aside for permanent protection. Activities within these spaces are restricted in perpetuity through the use of an approved legal instrument.

(d)

Common open space shall be land set aside for recreation, conservation or civic uses, and is not contained on lots proposed for residential uses. Open space within conservation PUDs may be used for any of the following:

(i)

Conservation of natural, archeological or historical resources;

(ii)

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

(iii)

Walking or bicycle trails, provided they are constructed of porous paving materials; passive recreation areas;

(iv)

Active recreation areas, provided that they are limited to no more than ten percent of the total open space. Active recreation areas may include impervious surfaces. Active recreation areas in excess of this limit must be located outside of the protected common open space;

(v)

Nonstructural stormwater management practices;

(vi)

Easements for drainage, access, and underground utility lines; or

(vii)

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

(e)

Common open space may not be used for:

(i)

Golf courses;

(ii)

Roads, parking lots and impervious surfaces, except as specifically authorized in this section; or

(iii)

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

(f)

The common open space shall be permanently protected from development by a legal instrument.

(Ord. No. 2023-ORD-003, § 2, 6-6-2023; Ord. No. 2023-ORD-6, § 1, 11-7-2023; Ord. No. 2024-004, § 8, 9-10-2024)

The mountains of the state are characterized by steep slopes and thin soils, and, because of the natural stresses placed on such environments, they require special protection. Land disturbing activity on the high elevation, steep slope mountains of the state potentially threatens the public health, safety, welfare and economic progress of the state. Such land disturbing activity:

(1)

May endanger the quality of surface water by increasing erosion and stream sedimentation;

(2)

Has the potential to induce landslides;

(3)

Has the potential to adversely affect groundwater due to the difficulty in providing proper sewage disposal in areas of steep slope and high elevation;

(4)

May damage the habitat for some species of wildlife, both plants and animals; and

(5)

May detract from the mountains' scenic and natural beauty which is vital to the recreation and tourism industry of the northern part of the state. The purpose of this section is to establish a Mountain Protection District in order to guide future growth and development in the areas within such protected mountain areas as defined in this article.

4.11.1.

Mountain Protection District designated. The Mountain Protection District is hereby designated and shall comprise all land area within the jurisdiction of the city that is 2,200 feet or more above mean sea level and that has a percentage slope of 25 percent or greater for at least 500 feet horizontally. The district shall also include the crests, summits and ridge tops which lie at elevations higher than any such area. Such district shall be further defined and delineated on the Mountain Protection District overlay map, which shall be so named, and which shall be kept in the office of the city clerk.

4.11.2.

Land disturbing activities within the Mountain Protection District. All new land uses, development, or land disturbing activities occurring within the Mountain Protection District are subject to the regulations of the city's mountain protection ordinance.

In addition to the regulations of this ordinance, the ADA (Americans with Disabilities Act) Accessibility Guidelines shall also apply for buildings and facilities within all nonresidential zoning districts.