§ 16.4. Minimum special use standards.

16.4.1.

Adult entertainment establishments.

A.

Allowable districts: L-I and H-I.

B.

Standards:

1.

The standards required shall be those standards and regulations stated in the City of Cartersville Code of Ordinances, chapter 10, article IX, Adult Entertainment Establishments.

16.4.2.

Apartment, above, below, or behind commercial and office uses in the same building.

A.

Allowable districts: DBD, M-U, P-D, O-C, and G-C.

B.

Standards:

1.

The dwelling unit shall comply with all applicable City of Cartersville building and fire codes.

2.

Minimum floor area requirements for a dwelling unit shall be the following:

•

3-bedroom: Nine hundred (900) square feet.

•

2-bedroom: Seven hundred fifty (750) square feet.

•

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

•

Studio/loft (in existing buildings): Four hundred fifty (450) square feet.

3.

Minimum number of parking spaces: Two (2) spaces for each dwelling unit plus three (3) spaces for each one thousand (1,000) square feet of commercial use.

4.

Parking lot outdoor lighting shall be directed away and shielded from residential above or behind commercial use and from abutting residential districts or use. Freestanding street lighting fixtures shall have a maximum height of thirty-five (35) feet.

5.

Reserved.

6.

Sound-deadening construction materials and techniques should be used and bedrooms should be oriented away from noise sources.

16.4.3.

Apartment, accessory.

A.

Allowable districts: R-20, R-15, R-10, R-7, P-D, P-S, and M-U.

B.

Standards:

1.

No more than one (1) accessory apartment per lot shall be allowed.

2.

A minimum lot size of ten thousand (10,000) square feet shall be required.

3.

An accessory apartment shall not exceed six hundred fifty (650) square feet in gross floor area.

4.

Kitchen facilities shall be allowed.

5.

The detached garage structure accommodating such apartment shall not exceed the height of the principal building on the lot.

6.

The detached garage structure accommodating such apartment shall meet the principal setbacks of the district.

7.

All parking areas shall be surfaced with an all-weather surface material.

8.

Requires owner-occupancy of the principal building on the lot.

16.4.4.

Bed and breakfast inn.

A.

Allowable districts: AG, R-20, R-15, R-10, R-7, R-D, and M-U.

B.

Standards:

1.

Bed and breakfast inns shall be limited to existing structures built for single-family use and no exterior modifications to the existing structure to accommodate the bed and breakfast inn shall be allowed.

2.

A minimum of twenty five hundred (2,500) square feet of heated living area in the home to be used as the inn shall be required.

3.

A minimum of two (2) guest rooms shall be permitted.

4.

The bed and breakfast inn shall be operator occupied.

5.

Parking requirements shall be one (1) space per guest room in addition to a required two (2) spaces for single-family residential use.

6.

Parking spaces shall be screened from all adjoining residential properties with a solid fence, of a minimum of five (5) feet in height, or evergreen trees and shrubs densely planted which will provide a visual screen height of five (5) feet within two (2) years of planting.

7.

Parking in the front yard shall be prohibited.

8.

One (1) identification sign having a maximum size of six (6) square feet in area and a maximum height of five (5) feet shall be allowed on each street frontage.

9.

No meals except breakfast may be served to any guest.

10.

All bed and breakfast operations shall be subject to the hotel/motel tax of the city. Required registration and reporting forms must be obtained from the city clerk's office.

16.4.5.

Day care facility.

A.

Allowable districts: All except AG, FG, H-I, L-I, MN, R-10A, and RSL.

B.

Standards:

1.

Facilities shall be for seven (7) or more persons.

2.

If located adjacent to a single-family dwelling district, in addition to the required setbacks, a minimum fifteen-foot wide buffer shall be required to provide a visual screen in accordance with section 4.17 of this chapter.

3.

Buildings and play areas shall be a minimum of fifty (50) feet from all adjoining residential property lines.

16.4.6.

Group home.

A.

Allowable districts: A group home with no more than six (6) residents, excluding resident staff, shall be allowed in all zoning districts which allow a residential use. A group home accommodating seven (7) to twelve (12) residents, excluding staff, shall be allowed in all zoning districts which allow a multifamily residential use. This use shall apply to homes for the handicapped as defined in this chapter.

B.

Standards:

1.

Parking must be on an all-weather surface.

2.

Such use shall be a minimum of five hundred (500) feet from any other group home or similar use if located in a single-family residential zoning district. (Said distance shall be measured from property lines).

3.

If located in a residential zoning district, the design and or maintenance of the structure used for the group home must be residential in appearance and in keeping with neighboring homes.

4.

Such use shall comply with all applicable city building, housing, and fire codes and shall fully comply with O.C.G.A. § 30-3-1 et seq., before a certificate of occupancy can be issued.

5.

The operator of the group home must be licensed by the State of Georgia Department of Human Resources.

6.

Evidence shall be made available to the city annually that the group home maintains and is in compliance with state licensing requirements.

7.

It shall be within the city's discretion to require the group home to enter into a memo of understanding with the appropriate local agencies such as schools or hospitals or other crises intervention agencies for provision of emergency services, including, where applicable, twenty-four-hour crises intervention.

16.4.7.

Height to exceed district maximum.

A.

Allowable districts: All districts.

B.

Standards:

1.

A site plan shall be submitted along with an elevation plan.

2.

Adequate open space and off-street parking shall be provided.

3.

Any additional height shall be approved by the City of Cartersville Fire Department.

16.4.8.

Homeless shelter.

A.

Allowable districts: O-C and G-C.

B.

Standards:

1.

In addition to required setbacks, a minimum twenty-five-foot wide buffer shall be required along all property lines which abut a residential district or use to provide a visual screen in accordance with section 4.17 of this chapter.

2.

Such use shall be a minimum of one thousand (1,000) feet from any other shelter for the homeless. (Required minimum distances shall be measured from property lines.)

3.

There shall be no use on the property other than the shelter for the homeless.

4.

Adequate shower and restroom facilities must be provided at the location to meet the needs of the overnight guests.

5.

Beds must be provided for all overnight guests excluding staff and volunteer workers.

6.

Such shelters shall comply with all applicable city building, housing, and fire codes and shall fully comply with O.C.G.A. § 30-3-1 et seq., before a certificate of occupancy can be issued.

16.4.9.

Manufacturing establishments which use limited water in the manufacturing operation either for processing, cooling or heating; or which emit smoke, noise, odor, dust, vibrations, or fumes beyond the walls of the building in which housed.

A.

Allowable district: L-I.

B.

Standards:

1.

All uses shall be so designed, constructed and operated as not to be injurious or offensive to the occupants of adjacent premises by reason of emission of smoke, odors, dust, or other particulate matter, or by creation of noise, vibration, electrical disturbance, toxic or noxious waste materials, glare, fire or explosive hazard.

2.

Industrial processes. There shall be no manufacturing, retailing, or other activity associated with manufacturing or retailing on the site which is not entirely conducted within a building except for outdoor storage.

3.

Glare. Glare or light from any operation and all lighting for parking areas or for the external illumination of buildings or grounds shall be directed or located in a manner such that direct or indirect illumination from the source of light shall not exceed one-half footcandle measured at any residential lot line. Outside lights for nonresidential properties/uses must be made up of a light source and reflector so that acting together the light beam is controlled and not directed across an adjacent property. It is the intent of this section to prevent light from spilling over to adjacent properties in amounts that can create a nuisance under Georgia law.

4.

Noise. Noise levels shall not exceed with the following:

Noise Levels (dB) Measured at Property Line
Adjacent to Residential Property Line	Adjacent to Nonresidential Property Line
70	80

 

Noise levels are measured as constant, consistent sounds and not intermittent noise. All measurements shall be taken at property lines. It is the intent of this section to regulate noise in a manner to prohibit it from exceeding levels of sound that could become a nuisance to adjacent property under Georgia law.

5.

Odor. No use shall be operated so as to produce the emission of objectionable or offensive odors in such concentration as to be readily perceptible at any point along the lot line of the property on which the use is located. It is the intent of this section to regulate odor in a manner to prohibit it from exceeding levels that would become a nuisance to adjacent property under Georgia law.

6.

Water. If the following water threshold in the manufacturing operation either for processing, cooling or heating is exceeded, the use is not allowed in L-I:

Usage exceeding ten thousand (10,000) GPD (gallons per day).

(The above figure is not to be used for fire protection flow rates.)

7.

Wastewater. If the following wastewater threshold in the manufacturing operation either for processing, cooling or heating is exceeded, the use is not allowed in L-I:

Usage exceeding ten thousand (10,000) GPD (gallons per day).

8.

Emissions and smoke. No use shall be permitted in an L-I district that has levels of visible emissions that equate to twenty (20) percent opacity level from the source of emission based on the EPA Method 9 (Code of Federal Regulations 40 Part 60, Standards of Performance of New Stationary Sources Appendix A, Method 9 - Visual determination of the opacity of emissions from stationary sources). Upon the request of the City of Cartersville Planning and Development department, a manufacturer shall provide the city opacity level testing results for the L-I site in question using the EPA Method 9 described herein. No use shall be permitted in an L-I district that has levels of emissions into the water or soil that requires a permit for discharge.

9.

Dust, dirt and fly ash. Every use shall be so operated as to prevent the emission into the air of dust, dirt, fly ash, or any other solid matter, other than in vapor form, which may cause physical damage to property.

10.

Vibration. Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible without instruments at any point on any boundary line of the lot on which the use is located.

11.

No use shall be permitted which creates a nuisance beyond the premises.

16.4.10.

Personal care home.

A.

Allowable districts: R-20, R-15, R-10, R-10A, R-7, MF-14, P-D, M-U, and O-C.

B.

Standards:

1.

In a single-family dwelling district, a minimum site area of one (1) acre shall be provided.

2.

If located in or adjacent to a single-family dwelling district, in addition to required setbacks, a minimum fifteen-foot wide buffer shall be required along all property lines to provide a visual screen in accordance with section 4.17 of this chapter.

3.

If located in a single-family dwelling district, the design and maintenance of the structure used for the personal care home must be residential in appearance and in keeping with neighboring homes.

4.

Such use shall comply with all applicable city building, housing, and fire codes, and shall fully comply with O.C.G.A. § 30-3-1 et seq., before a certificate of occupancy can be issued.

5.

The operator of the personal care home shall be licensed by the State of Georgia Department of Human Resources.

6.

Evidence shall be made available to the city annually that the personal care home maintains and is in compliance with state licensing requirements.

16.4.11.

Places of assembly.

A.

Allowable districts: AG, R-20, R-15, R-10, R-7, DBD, G-C, M-U, O-C, P-D, and P-S.

B.

Standards:

1.

The principal structure to be used shall be a minimum of two thousand five hundred (2,500) square feet of heated area.

2.

Parking requirements shall be one (1) space per three (3) seats for every person lawfully permitted within the assembly hall at one (1) time.

3.

Parking spaces located on the property tract shall be screened from all adjoining residential properties with a solid fence, of a minimum of five (5) feet in height, or evergreen trees and shrubs densely planted which will provide a visual screen height of five (5) feet within two (2) years of planting.

4.

One (1) identification sign having a maximum size of six (6) square feet in area and a maximum height of five (5) feet shall be allowed on each street frontage in residential districts.

5.

In residential districts, the facility shall be operator occupied.

16.4.12.

Religious institution.

A.

Allowable districts: AG, R-20, R-15, R-10, R-7, R-D, RA-12, P-S, M-U, N-C, DBD, O-C, G-C, L-I.

B.

Standards:

1.

In addition to required setbacks, a minimum fifteen-foot wide buffer shall be required along all property lines adjoining a residential district or use to provide a visual screen in accordance with section 4.17 of this chapter.

2.

A cemetery use in conjunction with a religious institution in a residential district shall not be allowed.

3.

Noise levels in decibels measured at the property line adjacent to single-family residential uses shall not exceed seventy (70) decibels. Noise levels are measured as constant, consistent sounds and not intermittent noise. All measurements shall be taken at property lines. It is the intent of this section to regulate noise in a manner to prohibit it from exceeding levels of sound that could become a nuisance to adjacent property under Georgia law.

16.4.13.

Retirement centers.

A.

Allowable districts: RA-12, MF-14, P-D, M-U, O-C, G-C, P-S, N-C, DBD.

B.

Standards:

1.

Minimum lot area shall be five (5) acres.

2.

A minimum fifteen-foot wide buffer, five (5) of which may be within the required setback, shall be required along all property lines abutting a single-family residential district or use to provide a visual screen in accordance with section 4.17 of this chapter.

3.

Homes/buildings shall be constructed with no less than fifty (50) percent brick or stone materials.

4.

A preliminary master plan of the retirement center shall be submitted to the department of planning and development at the time of filing for a special use. Such plan shall be prepared by an architect, engineer, or land surveyor whose state registration is current and valid and the plan shall exhibit such seal or other to validate such. The plan shall become a condition of the special use. If future proposed changes to such plan increase the overall density, the applicant must obtain approval from the planning commission.

16.4.14.

Salvage yards.

A.

Allowable district: H-I.

B.

Standards:

1.

Salvage yards shall have a minimum fifty-foot wide buffer along all abutting nonresidential property lines and a one hundred-foot wide buffer along all abutting residential property lines to provide a visual screen in accordance with section 4.17 of this chapter.

2.

Salvage yards shall not stack vehicles or salvage material so as to be visible from any adjoining property or street.

3.

Salvage yards shall have a minimum lot size of twenty (20) acres.

16.4.15.

School, private.

A.

Allowable districts: All.

B.

Standards:

1.

Minimum lot area shall be one (1) acre.

2.

In addition to required setbacks, a minimum fifteen-foot wide buffer shall be required along all property lines abutting a residential district to provide a visual screen in accordance with section 4.17 of this chapter.

3.

Delivery service areas shall not be located within one hundred (100) feet of an adjoining residential district or use and shall be screened in accordance with section 4.17 of this chapter.

4.

Active outdoor recreation areas shall not be located within one hundred (100) feet of an adjoining residential district or use.

5.

Parking areas shall not be located within fifty (50) feet of an adjoining residential district or use.

6.

Student drop-off and vehicular turn-around areas shall be provided on the site so that vehicles may re-enter the public street in a forward manner.

16.4.16.

Tattoo/body piercing parlors.

A.

Allowable district: L-I.

B.

Standards:

1.

Only allowed on property fronting an arterial or major collector street.

2.

Only allowed on properties not adjacent to residentially zoned properties.

3.

Special use only valid for listed applicant. Transfer of ownership or operation or change in application data will require approval of new special use application in accordance with application requirements.

16.4.17.

Wildlife conservation park.

A.

Allowable districts: AG and G-C.

B.

Standards:

1.

A minimum of ten (10) acres shall be required for the facility.

2.

All structures for the shelter of animals shall be a minimum of two hundred (200) feet from the lot line of any adjoining residential property.

3.

In addition to required setbacks, a minimum fifty-foot wide buffer shall be required along all property lines abutting a residential district or use to provide a visual screen in accordance with section 4.17 of this chapter.

4.

The facility shall be enclosed by a fence not less than six (6) feet in height.

5.

The facility shall be so designed to recreate the animal's natural habitat in the outdoors, where possible, and the facility shall provide adequate open space to enhance the surroundings of the use.

16.4.18.

Brew pubs.

A.

Production shall be in a wholly-enclosed building.

B.

Production space shall be limited subject to state law.

16.4.19.

Breweries.

Breweries, including accessory tasting rooms.

A.

Production shall be in a wholly-enclosed building.

B.

Any building or structure established in connection with such use shall be set back not less than fifty (50) feet from any residentially zoned property.

16.4.20.

Distilleries.

Distilleries, including accessory tasting rooms.

A.

Production shall be in a wholly-enclosed building.

B.

Any building or structure established in connection with such use shall be set back not less than fifty (50) feet from any residentially zoned property.

(Ord. No. 20-11, §§ 1, 2, 11-3-11; Ord. No. 01-13, §§ 18, 19, 1-3-13; Ord. No. 35-18, §§ 1—3, 12-6-18)