Article 3 — Restrictions on Particular Uses

Sec. 3-2. - Definitions Referenced.

The definitions of certain terms referenced in these sections are set forth in the Interpretation and Definitions Article, as amended.

Sec. 3-3. - Applicability.

The regulations of this Article shall apply to all zoning districts where applicable. Where there is a conflict between the terms and/or requirements contained in this section and another section contained in this Ordinance, as amended or any other ordinance, code, or regulation of the City of Newnan, Georgia, the stricter shall apply.

DIVISION I – RESTRICTIONS THAT APPLY IN GENERAL

Sec. 3-4. - Minimum Performance Standards for Structures and Uses.

Every structure shall be designed, arranged, and situated on the site and in relationship to adjacent uses, every use of land or structure will be conducted, and every lot and every structure will be maintained in such a manner that:

Sec. 3-6. - Standards for Fences and Walls.

Sec. 3-5. - Provision of Public Facilities or Services, Specifically Related to Terms of this Ordinance.

Any reference in this Ordinance requiring a facility or land use to be located adjacent or within a specific distance to any public facility or service is in no way an assumption by the City of an obligation to construct such a facility or provide such a service which the City would not otherwise construct or provide or to construct such a facility or provide such a service any sooner than when the City would otherwise have done.

Sec. 3-6. - Standards for Fences and Walls.

The following general provisions shall apply to all fences or walls erected, constructed, or installed after the effective date of this Ordinance.

No fence shall be erected, constructed, or installed without first having been issued a fence permit by the Building Official. No wall exceeding 48 inches in height can be erected, constructed or installed without first obtaining design approval from the City Engineer and a permit issued by the Building Official.

All fences, walls, and other barriers shall be maintained in good condition, structurally sound and attractive.

All fences, required or otherwise, shall have their finished face directed toward adjacent or adjoining residential property or streets, where a residential property is adjacent to or across from the subject site.

The following types of fence materials shall be permitted for fences located in non-industrial districts:

The following types of fence materials shall be permitted in industrial districts:

Sec. 3-7. - Standards for Residential Uses.

The height of any fence shall not exceed 6 feet except in the following cases:

All fences legally existing on the effective date of this Ordinance that do not conform to the regulations of this Section may remain and be repaired or replaced in kind as a permitted legal nonconforming use pursuant to the nonconformity provisions of Article 1.

Sec. 3-7. - Standards for Residential Uses.

Sec. 3-7. - Standards for Residential Uses.

to be in effect until 50% of the development/subdivision is completed (whichever is greatest.)

A zero lot line configuration may be allowed in the RU-7, RU-2, PDR, OSD-2, or MXD districts provided that:

No two facades shall be alike in a single row of townhouse buildings.

stucco, or fiber-cement planks and panels either lap siding, shingle siding or vertical siding patterns painted or stained. The use of architectural details such as hip returns, operable window shutters, transoms, wrought iron railings, gas lights, brick molding, and multiple exterior finish materials are strongly encouraged.

Structures utilizing a single exterior finish material shall not be permitted without written authorization from the Planning and Zoning Director. End elevations must be consistent with front facades.

the Planning Commission since the property also lies within the Downtown Design Overlay District (DDO).

The following standards address allowed building configurations for two-family dwellings:

the RML, RMH and PDR districts and by special exception approval in the RU-2 district.

Common residential building entrances shall be physically separated and distinct from commercial or other nonresidential building entrances except that apartment buildings may provide an internal connection between residential areas and retail designed primarily to serve those residences.

Residential units shall maintain a separate refuse storage container from that used by nonresidential uses. It shall be clearly marked for residential use only and use by nonresidential tenants is strictly prohibited. Dumpster and/or compactor locations shall be in rear or non-street side yards.

Buildings shall be designed using masonry facades on the front, rear, and two end elevations.

Primary Materials and Secondary Materials.

Sec. 3-7. - Standards for Residential Uses.

Any multifamily development utilizing individual driveways (typical of townhouse-style apartments), rather than grouped parking spaces, shall conform to the following standards:

Multifamily developments shall not exceed 40% impervious surface with the maximum building coverage being 25%. Loft-style apartments are not subject to this limitation.

Multifamily developments will not be issued a certificate of occupancy until site inspections by the Planning Director, City Engineer, and City Landscape Architect confirm compliance with the approved site plan.

Sec. 3-8. - Standards for Nonresidential Uses.

Unless a minimum of two entrances are provided from a publicly dedicated street, all units within a multifamily development shall be located within 1,000 feet from the main entrance. This measurement shall be taken along the centerline of the shortest drive providing access to the unit. See also the Street Access Section in the Lots and Building Standards Article.

Any residential development involving new access from a public street shall provide a landscaped entrance which complies with the standards of the Tree Preservation and Landscape Ordinance. Landscaped entrances shall be maintained by and be the sole responsibility of the developer/owner of the project or homeowners association.

Sec. 3-8. - Standards for Nonresidential Uses.

Sec. 3-8. - Standards for Nonresidential Uses.

Commercial buildings and structures with frontage on a major arterial road shall, at a minimum, face the front façade and side of the building up to 50 feet toward the rear of the lot in brick or other finishing masonry including natural or cultured stone and stucco.

Development utilizing the storefront configuration shall meet the following development requirements:

Storefront buildings shall meet the requirements for pedestrian orientation in the Lots and Building.

Storefront buildings shall meet the requirements for ground floor window standards in this Article.

Storefront buildings shall provide a distinct marquee area, located no less than 12 feet above the sidewalk which may provide one sign parallel to each storefront business which meets the requirements for signs in storefront developments in the Sign Regulations Article.

Exterior finish shall be limited to brick, natural or cast stone, terra cotta, architectural ironwork, stucco, or clear or lightly tinted glass. Walls not intended for exposure may include painted concrete block.

Arcades, porches and balconies, bays, and other rich architectural elements are encouraged.

Primary ground floor commercial building entrances may be oriented to the street, to plazas, or parks, not to interior blocks or parking lots. Secondary entrances may be from parking lots or the block interior. Residential entrances may be along the front façade or other façade.

Garage doors are not permitted along a primary street frontage and must, for corner lots, be recessed and located along the secondary frontage a minimum of 50 feet from the street corner.

No exterior storage or display of items is permitted; provided, however, that the exterior display of produce and plants for sale shall be permitted during the hours of operation.

Residential uses in storefront buildings must meet the requirements of Division IV of this Article.

Sec. 3-8. - Standards for Nonresidential Uses.

In districts where such standards are applicable, blank walls on the ground levels of buildings shall be limited in order to:

The windows must be at least 50% of the length and 25% of the ground level wall area. Ground level wall areas include all exterior wall areas up to 9 feet above the finished grade along street frontages. The requirement does not apply to the walls of residential units or parking structures. On corner lots, only one street frontage must meet the above requirements whereas the other frontage must only meet one-half (½) of the standard.

Required window areas must either be windows that allow views into working areas or lobbies, pedestrian entrances, or display windows set into the wall. Display cases attached to the outside wall do not qualify. The bottom of the windows must be no more than 4 feet above the adjacent exterior grade.

Modular commercial buildings shall meet all state requirements for such structures and shall:

Sec. 3-9. - Purpose.

Signs shall meet the requirements of the sign requirements of this Ordinance.

Outdoor retail sales shall be allowed in all-nonresidential zoning districts, with the exception that in the CBD district such sales shall only be allowed by special exception approval.

Trash containers must be covered and be placed on a pad that shall be completely enclosed on all sides and screened from public streets and residential districts as specified in the City’s Solid Waste Ordinance and as specified in the City’s Tree Preservation and Landscaping Ordinance.

DIVISION II – ACCESSORY USES AND STRUCTURES Sec. 3-9. - Purpose.

Sec. 3-12. - Residential Accessory Structures.

Sec. 3-10. - Allowed Accessory Structures and Uses.

Allowed accessory uses or structures shall be limited to the following in this Article and any additional uses and structures the Planning and Zoning Director finds are similar to those listed in scope, size and impact and which are otherwise in compliance with this Ordinance.

Sec. 3-11. - Limitations.

The following limitations apply to accessory structures and uses:

Sec. 3-12. - Residential Accessory Structures.

Defined as enclosed areas devoted to collection of recyclables generated by the principal use.

See Table 3-C for guidelines. Size shall not exceed 500 square feet.

Such structures shall be located no closer than 5 feet from the property line.

Sec. 3-12. - Residential Accessory Structures.

Projecting no more than 5 feet from an exterior wall.

Projecting no more than 6 feet from an exterior wall.

Such structures shall be located in rear yards only, and shall be located no closer than 5 feet from the property line.

See Table 3-C for guidelines.

Fences and walls may be erected subject to the provisions of Sec. 3-6 in this Article.

Such structures shall be located in side or rear yards only and may encroach into the required yard to a width consistent with the requirements of NFPA Standard 101 of the "Life Safety Code," as amended.

Such structures must meet the height and building setback requirements of the underlying zoning district and erected in compliance with the Sign Regulations.

Such structures shall be located in side or rear yards only and may encroach into the required yard up to 4 feet.

Such structures may be erected in any residential district subject to the following requirements:

Sec. 3-12. – Residential Accessory Structures.

No patio, paved terrace, or deck shall be located within 5 feet of any property line or within the required building setback line and the street line or public right-of-way.

All such units shall be set back a minimum of 15 feet from all lot lines.

principal structure or an accessory structure provided that such use does not create excessive noise, dust, vibration, light, or any other environmental nuisance.

These facilities may include but not be limited to passive elements of solar collectors, entry air locks, and shading screens. However, wind generated devices must receive a special exception.

The facilities shall not be more than 10 feet in height nor a length longer than 20% of the wall of the principal building to which the facility is attached or adjacent.

Sec. 3-12. – Residential Accessory Structures.

Buffer along the entire length of the common boundary between the district where the proposed drive-in or drive-through facility would be located and the abutting residential district shall be required pursuant to the City’s Tree Preservation and Landscaping Ordinance.

In granting a special exception for such joint shelter, the Board may waive the side and rear yard requirements on the property or properties directly involved in the construction of the joint shelter to the extent necessary to permit practical and efficient location and construction; provided, that side and rear yard requirements Sec. 3-12. – Residential Accessory Structures.

shall be met where property involved in the joint proposal abuts or joins property not included in the proposal.

Yard(s)

Permitted R=Rear;

S=Side SS=Street Side F=Front;

A=All Minimum Distance (In Feet) From:* Side Setback Street Side or Front Setback Rear Setback Principal Building A B C A B C A B C A B C Arbor or Trellis R, S 5 5 5 15 10 10 5 5 5 0 0 0 Awnings or Canopies A 5 5 5 5 5 5 5 5 5 0 0 0 Balconies A 5 5 5 5 5 5 5 5 5 0 0 0 Clothesline R --- --- --- --- --- --- 5 5 5 0 0 0 Communications Tower for Public Agencies R See Sec. 3-62 Dog Houses and Pens R --- --- --- --- --- --- 5 5 5 0 0 0 Fallout or Emergency Shelter R --- --- --- --- --- --- 10 5 5 0 0 0 Fences and Walls See Vision Clearance section in Lot and Building Standards Article 0 0 0 0 0 0 0 0 0 0 0 0 Fire Escape R, S 5 5 5 --- --- --- 0 0 0 0 0 0 Flag Poles A 5 5 5 15 10 10 5 5 5 0 0 0 Freestanding Air-Conditioning Equipment R, S 6 1 1 --- --- --- 10 5 5 0 0 0 Garage, Carport, or Carriagehouse, Detached ** R, S 5 5 5 --- --- --- 5 5 5 5 5 5 Gazebo R, S 5 5 5 15 10 10 5 5 5 5 5 5 Greenhouse, Private R --- --- --- --- --- --- 5 5 5 5 5 5 Hot Tubs and Hydrospas R,S 5 5 5 -- -- -- 5 5 5 5 5 5 Patios, Paved Terraces, and Decks—at or above ground A 5 5 5 15 10 10 5 5 5 0 0 0 Play Equipment and Playhouses R --- --- --- --- --- --- 5 5 5 5 5 5 Radio or Satellite/TV Antennas R,S or Roof 15 15 15 --- --- --- 15 15 15 0 0 0 Recycling Areas R, S 10 5 5 15 10 10 10 5 5 0 0 0 Residential Outbuildings, Except Detached Private Garage, Carport, or Carriagehouse R, S 5 5 5 --- --- --- 5 5 5 5 5 5 Solar Panels or Other Passive or Silent Energy Conserving Facilities R, S, or Roof 10 5 5 --- --- --- 10 5 5 0 0 0 Swimming Pool Decks or Outbuildings R,S 5 5 5 --- --- --- 5 5 5 0 0 0 Sec. 3-12. – Residential Accessory Structures.

Swimming Pools R, S 10 10 10 --- --- --- 10 10 10 10 10 10 Tennis, Handball, Squash, or Badminton Courts R, S 10 10 10 --- --- --- 10 10 10 10 10 10 Utility Substation, Dedicated R --- --- --- --- --- --- 40 40 40 40 40 40

Note: Setbacks provided herein do not preclude or replace buffer requirements. See the City’s Tree Preservation and Landscaping Ordinance for additional information; Nor does the inclusion of a dimension for a specific district imply that such use shall be permitted in said district.

Sec. 3-13- Residential Accessory Uses, In-Home Occupations.

The purpose of establishing specific uses that are permitted as an in-home occupation is to provide clear guidelines for determining compatibility between adjacent uses and to provide a mechanism for recommending bodies and decision makers to evaluate zoning and rezoning applications.

In-home occupations may be established subject to the following requirements:

home occupation.

Sec. 3-12. – Residential Accessory Structures.

Sec. 3-14. - Reserved.

Sec. 3-15. - Nonresidential Accessory Structures.

Accessory living quarters for a watchman, guard or custodian may be established with a conditional use permit subject to the following requirements:

Clock towers or other monuments may be permitted attached to a building or structure, or located in any required yard, courtyard, landscaped area, or other space not dedicated to any other required use subject to the following requirements:

Sec. 3-12. – Residential Accessory Structures.

Such structure must be located at least 60 feet from any public street right-of-way and at least 15 feet from any body of water.

Outdoor art or sculpture may be permitted in any required yard, courtyard, landscaped area, or other space not dedicated to any other required use subject to the following requirements:

All such structures shall meet the requirements of Sec. 3-62.

All such structures shall meet the requirements of Sec. 3-56.

Unless otherwise specified in this Ordinance, refuse disposal containers and pads shall be subject to the following requirements:

Sec. 3-12. – Residential Accessory Structures.

In all nonresidential zoning districts, vending machines, phone booths and similar accessory structures may be visible from the right-of-way adjacent to the property upon which they are located.

Water features and fountains may be permitted in any required yard, courtyard, landscaped area, or other space not dedicated to any other required use subject to the following requirements:

Sec. 3-16. - Nonresidential Accessory Uses.

Accessory service uses catering primarily to the residents, clients or employees of the principal use with which they are associated, shall be permitted in accordance with the following requirements:

The total area occupied by all accessory service uses shall not exceed 10% of a development site; nor, shall such uses occupy more than 25% of the floor area of any single building.

No vehicles shall be stored on the building site. Where vehicles are stored on-site, the automobile rental agency shall be considered as a principal use, and shall conform to all applicable requirements.

Sec. 3-12. – Residential Accessory Structures.

Banks and savings institutions are generally a principal use and may be permitted as an accessory service use. A drive-in area may be included for such use, subject to the provisions of Sec. 3-39.

Drive-in facilities shall not be permitted in connection with any accessory service use, except that a bank may have one drive-in window.

Plasmapheresis facilities shall be a permitted accessory service use only within hospitals, clinics and whole blood facilities; and otherwise shall be prohibited.

No zoning variance will be permitted in connection with any accessory service use.

Yard(s)

Permitted R=Rear; S=Side SS=Street Side F=Front; A=All Minimum Distance (In Feet) From:* Side Setback Street Side or Front Setback Rear Setback Principal Building A B C A B C A B C A B C Accessory Living Quarters for Watchman, Guard or Custodian, Detached R or Integrated --- --- --- --- --- --- 25 25 --- 0 0 0 Bus Shelter or Bus Stand SS, F --- --- --- 0 0 0 --- --- --- 5 5 5 Drive-In or Drive-Thru Facilities S,R See Nonresidential Accessory Structures section: Drive-In Facilities Emergency Power Generators R, S 25 25 10 --- --- --- 25 25 10 0 0 0 Fence or Wall See Vision Clearance section in the Lot and Building Standards Article 0 0 0 0 0 0 0 0 0 0 0 0 Freestanding Air-Conditioning Machinery R or S 25 25 10 --- --- --- 25 25 10 0 0 0 Outdoor Art A 0 0 0 0 0 0 5 5 5 0 0 0 Outdoor Dining A See Nonresidential Accessory Uses section: Outdoor Dining Public Utility or Communications Tower R See Sec. 3-62 Parking Deck Varies 10 10 0 --- --- --- 10 10 0 0 0 0 Recycling Facilities R, S 10 10 5 --- --- --- 10 10 5 0 0 0 Refuse Disposal Containers and Pads R, S 10 10 5 --- --- --- 10 10 5 0 0 0 Storage Sheds R 10 10 5 --- --- --- 10 10 5 0 0 0 Sec. 3-12. – Residential Accessory Structures.

Stormwater Management Facilities R, S, SS 10 10 5 --- --- --- 10 10 5 0 0 0 Utility Substation, Dedicated R --- --- --- --- --- --- 25 25 10 5 5 5 Vending Machines, Phone Booths, and Similar Public Use Accessory Uses Varies 10 10 10 10 10 10 10 10 10 0 0 0 Water Features and Fountains A 10 10 5 10 10 5 10 10 5 5 5 5 Clock Tower or Other Monument A 10 10 5 10 10 5 10 10 5 0 0 0

DIVISION III – RESTRICTIONS ON CERTAIN PRINCIPAL USES The Planning and Zoning Department shall, by rules and regulations, set out specific requirements as to the form and content of any applications and affidavits required to document compliance with this Section.

Sec. 3-17. - Adult Entertainment Uses.

A special exception may be granted for adult entertainment uses (as defined in the Code of Ordinances of the City of Newnan, Georgia) provided that such use meets the provisions of Article II, Chapter 6 of the Code of Ordinances of the City of Newnan, Georgia

Sec. 3-18. - Animal Hospitals.

No outside runs or pens are permitted in the districts which require a special exception.

Sec. 3-19. - Arboretum, Botanical Gardens, and Other Outdoor Gardens.

Sec. 3-21. - Auction Facilities.

Sec. 3-20. - Asphalt Plants.

Sec. 3-21. - Auction Facilities.

Sec. 3-22. - Automobile Gas Stations/Convenience stores, with fuel pumps.

Sec. 3-22. - Automobile Gas Stations/Convenience stores, with fuel pumps.

Sec. 3-23. - Automotive Repair.

Sec. 3-23. - Automotive Repair.

In addition to the standards governing consideration of a special exception approval contained in the Procedures and Permits Article, the following review criteria shall apply to an automotive repair use in districts which require special exception approval:

Sec. 3-23. - Automotive Repair.

document shall be kept at the location detailing the date the vehicle arrived on site for repair.

Sec. 3-24. - Auto Salvage and Storage Yards, Wrecking Yards, and Junk Yards.

Sec. 3-25. - Bed and Breakfast Inns.

Sec. 3-25. - Bed and Breakfast Inns.

A proposed bed and breakfast inn must be able to meet the requirements of this Sec. 3-25 without altering the building, site or property. See also paragraph (c) below.

A schematic floor plan of the dwelling to be used for the facility shall accompany the special exception application, in accordance with the following requirements:

Both the application and schematic drawing shall be filed under oath as to the true facts set out by the applicant. The Planning and Zoning Department shall, by rules and regulations, set out specific requirements as to the form and content of the application, schematic drawings, and affidavits required herein.

The bed and breakfast inn shall be located in an owner-occupied single-family residential structure. Said building must meet any additional building requirements of those zoning districts where bed and breakfast inns are allowed.

The inn shall be owner-occupied and managed with the resident manager having at least 50% ownership interest.

Maximum length of stay of guests is limited to 14 consecutive days in any 30 day period of time. The resident owner shall maintain a current guest register including names, addresses, and dates of occupancy of all guests.

Only the breakfast meal shall be served to guests and only between the hours of 6:00 a.m. and 11:00 a.m.

Sec. 3-25. - Bed and Breakfast Inns.

Signs shall be permitted upon approval by the Planning and Zoning Department and in accordance with the City of Newnan sign requirements. In residential districts, a single nameplate sign, not to exceed 1 square foot in size, shall be allowed. The nameplate shall be made of a durable material such as bronze, aluminum, or iron and compatible with the style and detailing of the house. The sign shall be non-illuminated and attached to the facility.

One parking space per guest room is required plus two spaces for the owner-occupant.

Guest parking may be provided either on-site, in the rear off a public alley, via a shared parking arrangement with an adjacent commercial business, or in a remote parking facility. At no time shall guest parking be permitted in any front or side yard. All off- street parking shall be screened from the street and from adjacent residentially zoned or used lots as per the screening requirements of the Parking and Loading Requirements Article.

No exterior additions or alterations shall be made for the express purpose of maintaining or adding to a bed and breakfast facility, other than those required to meet health, safety, and/or sanitation requirements. Minimal outward modification of the structure or grounds may be made if such changes are deemed compatible with the character of the surrounding area or neighborhood.

Such addition or alteration must meet all of the requirements of this ordinance and the building code requirements for the City of Newnan.

No interior alterations shall be made for the express purpose of creating additional guest rooms.

A bed and breakfast inn shall be used only as set out herein and shall not be used for any other commercial use or other purpose not specifically set forth herein. A bed and breakfast inn shall not include a public restaurant, special events center, conference center, banquet facility, entertainment venue, or retail uses.

The exterior premises of each bed and breakfast inn shall be kept clean and free of litter and rubbish. All food waste and refuse shall be kept in leak-proof and rodent-proof containers with close-fitting lids and contained sealed disposable bags. All waste must be placed and collected for curbside pickup in accordance with the requirements of the City’s sanitation service provider.

Sec. 3-27. - Camp, Day and Boarding.

All bed and breakfast inns shall meet and comply with all applicable local, state, and federal laws, rules and regulations.

Sec. 3-26.- Bulk Petroleum and Chemical Plants or Storage Facilities.

Sec. 3-27. - Camp, Day and Boarding.

Sec. 3-28. - Campgrounds and Recreational Vehicle (RV) Parks, Commercial.

Sec. 3-28. - Campgrounds and Recreational Vehicle (RV) Parks, Commercial.

In addition to any Zoning District and Use Regulations, the following requirements shall apply to all Recreational Vehicle Parks:

All recreational vehicles shall be placed only in approved recreational vehicle spaces in RV parks. The storage of unoccupied recreational vehicles shall be permitted only in those areas designated for storage on the approved site plan.

Recreational Vehicle Parks shall be so located and designed that no entrance or exit shall require movement of traffic to or from the RV park via a local road or residential district.

Each recreational vehicle space shall contain a stabilized vehicular parking pad of shell, marl, paving or other suitable material. This parking pad shall be located at least 5 feet from any RV space line.

Sanitary facilities shall be provided in accordance with the requirements of the State of Georgia and other applicable City regulations regarding sanitary facilities.

The RV Park management shall be strictly responsible for internal trash and garbage collection. Central trash collection points shall be completely screened from view from outside the park.

Conditions of soil, groundwater level, drainage and topography shall not create hazards to the property or the health or safety of the occupants. The RV spaces shall not be exposed to objectionable smoke, noise, odors, or other adverse influences, and no portion of the park subject to flooding, subsidence, or erosion shall be used for any purpose which would expose persons or property to hazards. To this end, all recreational vehicle spaces where are located in any designated Sec. 3-28. - Campgrounds and Recreational Vehicle (RV) Parks, Commercial.

flood prone area shall conform to the applicable Federal or State minimum finished elevation requirements of such area.

Vehicular use areas shall be paved and shall be clearly marked as to internal circulation and direction of travel. Pavement widths for travel lanes shall be as follows:

No recreational vehicle shall be used as a permanent place of residence, dwelling or business. Continuous occupancy extending beyond 3 months in 12 month period shall be considered prima facie evidence of permanent occupancy.

Removal of the vehicle tag, wheels, tongue, hitch or A-frame, gas tanks or other vehicle equipment from a recreational vehicle shall be prohibited, and shall be considered prima facie evidence of permanent occupancy.

Attachments to recreational vehicles shall be prohibited, with the sole exceptions of pop-out units and similar structures which are integral to the recreational vehicle as originally manufactured.

After all required improvements have been completed for a recreational vehicle park, or an approved construction stage of the park, the engineer of record shall certify completion of all improvements in accordance with construction drawings and the Planning and Zoning Director shall certify the completed RV spaces as being approved for occupancy. Until an RV space is approved for occupancy, no recreational vehicle shall be placed thereon.

Sec. 3-29. - Car Wash (Self-Operated, Full-Service, or Accessory to a Gas Station).

Sec. 3-29. - Car Wash (Self-Operated, Full-Service, or Accessory to a Gas Station).

The following requirements shall be met, and the following materials shall be submitted to the Planning and Zoning Department, prior to issuance of any building or development permits:

Sec. 3-80. - Residential and Short-Term Care Options for Children.

Sec. 3-30. - Cemeteries and Mausoleums.

Cemeteries and mausoleums must have a Type "B" Buffer, as specified in the City’s Tree Preservation and Landscaping Ordinance, in place adjacent to all residentially zoned property lines.

Sec. 3-30.2. - Residential and Short-Term Care Options for Children.

These facilities are designed to provide for children with specific needs and requirements for care and/or supervision. No child day care center or facility may be within 300 feet of another child day care center or facility, nor any other facility that is also regulated in Division V-Special Care Residential Accommodations, with the sole exception of juvenile detention facilities. The distance for Child Day Care Centers to a Juvenile Detention facility will remain at 1,000 feet and vice versa for the distance a Juvenile Detention facility must be from a Child Day Care Center. The method of measurement shall be from property lines in all direction.

Sec. 3-80. - Residential and Short-Term Care Options for Children.

A Class I Child Day Care Center is a facility operated out of one’s home and are permitted only by special exception in residential zoning districts.

with a minimum 4-foot fence and screened with a buffer, as specified in the City’s Tree Preservation and Landscaping Ordinance.

Sec. 3-31. - Churches and Other Religious Institutions.

Sec. 3-31. - Churches and Other Religious Institutions.

The location of all curb cuts must be approved by the City Engineer.

and

Sec. 3-32. - College, University, Technical School or Other Post-Secondary Educational Institution.

Sec. 3-32. - College, University, Technical School or Other Post-Secondary Educational Institution.

Sec. 3-35. - Concrete Products Manufacturing, Mixing Plants, Sawing or Planing Mills.

Sec. 3-33. - Coliseums, Stadiums, Amphitheaters, Arenas.

Sec. 3-34. - Community Centers.

Sec. 3-35. - Concrete Products Manufacturing, Mixing Plants, Sawing or Planing Mills.

of Natural Resources, Environmental Protection Division including but not limited to §§391-34-.11 and 391-34-.15.

Sec. 3-36. - Conference or Training Centers.

These establishments may be open to the general public for patronage.

Sec. 3-37. - Crematories, Human or Domestic Animal.

Sec. 3-38. - Dormitories, Fraternity Houses, and Sorority Houses.

Sec. 3-38. - Dormitories, Fraternity Houses, and Sorority Houses.

mile of the educational facilities of the institution proposing to establish such use.

Sec. 3-39. - Drive-In or Drive-Through Facilities.

Sec. 3-39. - Drive-In or Drive-Through Facilities.

Any such facility shall be subject to the City of Newnan Sidewalk Regulations.

Sec. 3-41. - Golf Courses and Country Clubs.

All speaker boxes located within 300 feet of any residential structure shall be oriented away from the residential structure and not create noise that would constitute a nuisance.

Parking aisles shall be painted and striped with directional arrows and stop bars and appropriate traffic signage shall be installed to reduce traffic hazard.

Sec. 3-40. - Flea Markets.

Sec. 3-41. - Golf Courses and Country Clubs.

The City may, by special exception, authorize a golf course, country club, private club, or service organization including community buildings, upon a finding that the proposed use will not adversely affect surrounding residential and agricultural uses because of noise, traffic, number of people, or type of physical activity; provided, that the following standards and requirements shall be met:

Sec. 3-42. - Golf Driving Range.

Sec. 3-42. - Golf Driving Range.

All areas except the range (ball landing) area, including but not limited to the parking, building, practice putting, and tee-off areas, shall be located at least 100 feet from any property having a residential land use designation.

No protected trees, as defined within the City’s Tree Preservation and Landscaping Ordinance shall be removed from the range (ball landing) area unless the applicant demonstrates that removal of the tree(s) is necessary for safety reasons in the functioning of the range (such as for ball retrieval).

Lighting plans shall be provided (and implemented) which demonstrate that no "spill over" from exterior light sources shall fall onto either roadways or residential zoning districts that are adjacent to the project site.

No driving range shall be allowed on a site zoned for residential uses unless as an accessory to a golf course in which it shall require special exception approval.

In addition to criterion number 1, no building shall be located within 150 feet of the project site property boundary.

Access to the site must be off a thoroughfare plan designated road; driving range traffic shall not use local roads or impact residential areas.

At a minimum, a Class "C" Buffer, as specified in the City’s Tree Preservation and Landscaping Ordinance, shall be provided between any non-range area and adjacent property having a residential land use designation.

Sec. 3-43. - Heavy Equipment, Trucks and Machinery Sales, Storage and Ancillary Service.

In no case shall the floor area devoted to the display and sale of such related tools and accessories be more than 15% of the floor area of the principal building.

Sec. 3-44. - Very Heavy Industrial Uses or Industries Using Hazardous Substances.

Any manufacturing or industrial use which also requires a permit from the State Environmental Protection Division (EPD) of the Department of Natural Resources under the provisions of Chapters 5, 8, or 9 of Title 12 of the Official Code of Georgia Annotated and/or any use which handles hazardous substances or materials at the bulk plant or bulk use level shall require a special exception approval, subject to the following requirements:

Sec. 3-45. - Heliports, Helistops, and Vertiports.

Sec. 3-45. - Heliports, Helistops, and Vertiports.

provided, however, that a variance therefrom may be granted in Sec. 3-47. - Hotels, Motels, Other Similar Traveler’s Accommodations (excluding Travel Trailer or RV Parks).

accordance with the Appeals Article of this Ordinance, if the FAA advises the City that such variance will not render such vertiports unsafe.

Sec. 3-46. - Hospitals.

Sec. 3-47. - Hotels, Motels, Other Similar Traveler’s Accommodations (excluding Travel Trailer or RV Parks).

Hotels, motels, and other similar traveler’s accommodations excluding travel trailer or RV parks shall be located on or with ready access to, major streets. Ready access shall mean any court or service road directly linking to a major street.

Sec. 3-58. - Schools, Private.

3-47.2 – Hotels, Motels and Facilities-Extended Stay

Sec. 3-48. - Kennels, Boarding and/or Breeding, Animal Shelters (excluding Non-Domestic or Wild and Exotic Animals).

Sec. 3-58. - Schools, Private.

Sec. 3-49. - Meeting Houses, Clubs, or Halls, Public or Private.

Sec. 3-50. - Nurseries and Greenhouses, Commercial and Wholesale.

Sec. 3-51. - Outdoor Dining.

Sec. 3-52. - Parking Lots and Garages, Private and Commuter.

Sec. 3-58. - Schools, Private.

Sec. 3-53. - Pawn Shop.

If a title pawn establishment, there shall be no vehicle storage or display on site unless in a district allowing used car sales.

Sec. 3-54. - Race Tracks and Drag Strips.

The following requirements shall apply to race tracks and drag strips, including tracks for motor vehicle racing and dog or horse racing:

Sec. 3-55. - Radio and Television Recording Studios and/or Stations.

No antennae or satellite dish shall be located closer than 100 feet from all property lines.

Sec. 3-56. - Recycling Facilities, Commercial.

Commercial recycling facilities shall comply with, as applicable, the rules of the Georgia Department of Natural Resources, Environmental Protection Division; all applicable provisions of O.C.G.A. §12-8-230; and all regulations of the Federal government. In addition, they shall comply with the following requirements:

A small recycling facility is that which contains less than 2,000 square feet of floor space. Such a facility shall comply with the following:

Sec. 3-58. - Schools, Private.

The operating portion of these facilities shall not be permitted within 200 feet of a residence in existence when the permit is approved.

Local streets and streets in recorded subdivisions shall not be used as part of any truck traffic route giving access to the facility. The entrance or entrances shall be directly off a State or Federal highway or a major or minor city thoroughfare as shown on the land use and thoroughfare plan and truck traffic routes and entrances to the facility shall be approved by the City Engineer. The drive from the public street to the scale house shall be paved with asphaltic or Portland cement concrete.

A Type "C" Buffer, as specified in the City’s Tree Preservation and Landscaping Ordinance, shall be preserved and/or established and maintained adjacent to all exterior property lines adjacent to residential properties, schools, or churches.

All facilities shall have an operator in attendance at all times when the recycling facility is in use, whose qualifications meet any applicable State law requirements, and the entrance to the facility must be barricaded when closed to the public.

All facilities hereafter established or operated shall be constructed to prevent road vehicles access except when the facility is in use.

All facilities hereafter established or operated shall be enclosed with a security fence at least 8 feet high with blinders installed or some other similar fencing materials or device. Litter control fencing shall be adequate to prevent paper and similar or related refuse from blowing from the facility onto neighboring property.

Any change in the normal drainage of the property upon which the facility is located shall be accommodated by storm sewers or equivalent measures approved by the City Engineer, as necessary to properly care for drainage; these storm sewers or equivalent measures shall be installed or constructed at the expense of the owner or applicant.

Certificates by a registered engineer that the site meets State standards shall be submitted prior to the public hearing. A State construction permit as applicable, special exception approval by the City, and written approval of the City Engineer, shall be required before any recycling operation begins.

The facility shall be operated in such a manner as to prevent air, land or water pollution, public health hazards, or nuisances.

Sec. 3-58. - Schools, Private.

Materials sent to the facility that are unused for recycling, shall be disposed of in accordance with State and City requirements.

All recycling facilities shall have and keep on their premises in good working order adequate equipment to comply with the requirements established for the use.

All operators of recycling facilities must operate them in a manner to prevent fires and meet all other requirements of the fire codes. Burning of any type of refuse is prohibited. Outside storage must be shown on the site plan and approved by the City Engineer. The recycling facility must be operated in accordance with applicable State and City environmental requirements.

The minimum site, including land for buffers and related uses, which may be conducted for a recycling facility site shall have an area of at least 5 acres.

The licensee shall permit at any time during business hours an inspection of the premises by officials of the City of Newnan or their designees.

The cleaning of containers shall be performed so that runoff shall not enter the sanitary sewer system nor shall it runoff into adjoining properties.

An environmental impact analysis (EIA) shall be prepared to gauge the extent of negative impacts from these uses on the natural and man-made environment.

Such impact statements shall include but not be limited to the following:

Sec. 3-58. - Schools, Private.

A large recycling facility is that which contains 2,000 square feet or more of floor space.

Such a facility shall comply with the requirements for a small recycling facility plus the following:

A Type "E" Buffer, as specified in the City’s Tree Preservation and Landscaping Ordinance, shall be preserved and/or established and maintained adjacent to all exterior property lines adjacent to residential properties, schools or churches.

The minimum site, including land for buffers and related uses, which may be conducted for a recycling facility site shall have an area of at least 30 acres.

Sec. 3-57. - Restaurants in Office and Institutional Districts.

Sec. 3-58. - Schools, Private.

Private, parochial, or other elementary or secondary schools not part of the public school system of the State of Georgia shall meet the following requirements:

Sec. 3-60. - Shooting Ranges, Indoor.

Sec. 3-59. - Self-Storage Facilities.

Sec. 3-60. - Shooting Ranges, Indoor.

Shooting ranges shall not create a nuisance, including but not limited to, high noise levels, pollution, or other detrimental effects on the environment.

Sec. 3-62. - Telecommunication Facilities.

Sec. 3-61. - Shooting Ranges, Outdoor.

Only government owned and/or operated outdoor shooting ranges are allowed.

Sec. 3-62. - Telecommunication Facilities.

Sec. 3-62. - Telecommunication Facilities.

It shall be unlawful for any person to erect, repair, relocate, construct, or maintain within the City any telecommunications facility as defined in this Zoning Ordinance, without first obtaining either administrative or special exception approval in the manner set forth in this Ordinance and in compliance with the terms herein.

Sec. 3-62. - Telecommunication Facilities.

denial of a complete application within 45 days of receipt. In addition to such recommendation, the Planning Commission may attach conditions to any recommended approval. Upon receipt of the Planning Commission’s recommendation, the Mayor and Council of the City of Newnan shall set a public hearing in accordance with procedures contained in this Ordinance. The Mayor and Council shall either approve or deny the special exception use following the public hearing;

provided, however, that the public hearing and decision of the Mayor and Council shall be made within the 60 day period on the application shall be deemed as approved. In the event Mayor and Council deny the application, the decision of Mayor and Council shall be in writing and supported by substantial evidence contained in a written record. The decision of Mayor and Council shall be final.

Sec. 3-62. - Telecommunication Facilities.

Specifically, an applicant must certify in writing that all emissions from the antenna will comply with FCC frequency emissions standards. Applicants for telecommunications towers who are classified as “non-carrier tower owners”

must provide a statement confirming adherence to any and all FAA standards. Such certifications shall be renewed by both telecommunications services providers and non-carrier tower owners upon the five-year anniversary date of commencing telecommunications operations or tower installation; and

following conditions are met. Sectorized panel antennas, repeaters and telecommunications equipment of similar size and visual impact may be placed on existing highway signs, that is, billboards, subject only to provisions listed below:

Sec. 3-62. - Telecommunication Facilities.

Sec. 3-62. - Telecommunication Facilities.

Sec. 3-62. - Telecommunication Facilities.

and

existing source which, when combined with existing sources of NEIR, exposes the general public to an ambient radiation exceeding that defined in OST-65 and ANSI C95.1, provided however, that if a federal standard is adopted that is more stringent than the standard set forth herein, such other standard shall apply. No new source of NEIR, or increase in NEIR from an existing source that exceeds 1,000 watts of radio frequency output per transmitter shall be permitted.

occupy a leased parcel on a site meeting the minimum lot size requirements for the zoning district in which it is located. When joint use of a lot is permitted, the City shall require the execution of a unity of title if two or more lots are utilized for setback purposes or to prohibit the unlawful division of a lot containing a tower and another principal use.

Installation of commercial satellites shall conform to the following standards:

standards, to the Building Official by February 1st of each three-year period of subsequent operation.

The results of such inspections shall be provided to the Building Official every 3 years, no later than February 1st.

however, installation of an antenna or antennas on a preexisting tower or monopole shall not constitute the expansion of a nonconforming use provided the new antenna(s) adds no more than 20 feet to the height of the pre-existing tower or monopole. Nor shall the addition of buildings or structures accessory to such antenna(s) constitute the expansion of a nonconforming use, provided all applicable building permits are obtained.

Sec. 3-62. - Telecommunication Facilities.

Notwithstanding the foregoing, television and radio stations and land mobile operators shall be entitled to repair, reconstruct or rebuild their towers, but only to the minimal extent necessary to resume broadcasting and to fulfill the requirements of their FCC license.

Following submittal of an application for a special exception use associated with a telecommunications facility, the applicant must be available to meet informally with community groups and interested individuals who either own or reside on property within the immediate vicinity to review the site development concept proposed in the application. The purpose of these meetings is to solicit suggestions from these groups concerning the applicant’s proposed site design and impact mitigation measures. The applicant must also discuss technical and visual aspects of alternative sites. The applicant should attempt to incorporate community suggestions for impact mitigation and report on such attempts at the Planning Commission meeting at which the application is considered.

In certain instances, there may be a need for expert review by an independent third party of specific technical parameters of a low power mobile radio service facility submitted by the low power radio service provider. Such technical data includes expected coverage area, antenna(s) configuration, topographic constraints affecting signal path, etc. The Planning Commission may require such technical review, at the sole expense of the applicant for the low power mobile radio service facility. The review must address the accuracy and completeness of technical data, legitimacy of the analysis techniques and methodologies, validity of conclusions and any other technical issues specified by the Planning Commission. Selection of the third party expert may be by mutual agreement among the applicant and interested parties, or at the discretion Sec. 3-62. - Telecommunication Facilities.

of the Commission, with a provision for the applicant and interested parties to comment on the proposed expert(s) and to review their qualifications.

demonstrates that no site meeting the standards of this Section exists which allows uninterrupted service or service without signal distortion, the applicant may apply for a variance from the height limits of this Section. Where an applicant for installation of a tower, monopole or antenna(s) demonstrates that engineering, technical or environmental consideration render the height limits of this Section infeasible, preventing the applicant from providing the desired service from the proposed site, the applicant may seek a variance from the height limits of this Section.

Sec. 3-68. - Purpose and Intent.

Sec. 3-63. - Timbering and Tree Removal.

Timbering and tree removal is permitted as-of-right provided that the applicant complies with the provisions of the City’s Tree Preservation and Landscaping Ordinance and obtains a permit from the City of Newnan. Timbering activities shall also comply with the Soil Erosion, Sedimentation and Pollution Control Ordinance, latest edition. When exempt forestry management practices cause or result in land disturbance with a protected stream buffer, then only forestry management practices shall be allowed on the entire property for a period of three years after completion of such forestry practices.

Sec. 3-64. - Tire Sales and Installation.

Sec. 3-64.2 – Tobacco shops, vape shops, vapor products and alternative nicotine product retail establishments

Where a use listed in subparts (a) and (b) above is in a multi-tenant space, the distance shall be measured to the closest part of the tenant space occupied by that use rather than the property line of the entire development.

Sec. 3-65. - Unattended/Attended Collection Centers, Charity or Commercial.

Sec. 3-68. - Purpose and Intent.

Sec. 3-66. - Vehicles for Hire.

Sec. 3-66.2. – Vehicle Sales – Automobile (new), boat, motorcycles and similar light vehicles

Sec. 3-68. - Purpose and Intent.

Sec. 3-67. - Waste Transfer Stations.

Sec. 3-68. - Purpose and Intent.

Vegetate berms with grasses, shrubs or trees can also be added to mitigate noise and increase aesthetics. Barriers should be continuous, with not breaks and of sufficient length to protect the intended receptors.

Odor vestibules are 2-door systems in which the outer door closes before inner door to prevent odors from escaping.

Sec. 3-68. - Purpose and Intent.

designating inbound and outbound truck traffic routes; prohibiting incoming trucks to queue on public streets and scheduling incoming traffic so that it does not coincide with local rush hours.

Sec. 3-68. - Purpose and Intent.

DIVISION IV – ALTERNATIVE RESIDENTIAL ACCOMMODATIONS Sec. 3-68. - Purpose and Intent.

The purpose of this Division is, on a limited basis that preserves and protects the character of existing single-family neighborhoods and other neighborhoods as applicable, to recognize that as the demographic makeup of Newnan changes, alternative housing options (otherwise known as secondary or subordinate residential units) must be available to meet the needs of specific groups of households. These households include but are not limited to retirees, "empty nesters," the elderly, physically or mentally challenged persons, single person households, developmentally disabled persons, and family members of the primary residential unit occupant. It is the intent of this Division to provide residential options for these persons and to regulate these options so as not to detract from the residential character of the neighborhoods in which they exist. Finally, the intent of this Division is to Sec. 3-71. - General Provisions.

achieve specific community-oriented goals including permitting older homeowners to remain in their homes in the face of fixed incomes, rising expenses such as taxes and maintenance, physical infirmities, or the death of a spouse; the stimulation of new, moderate cost rental housing; preserving the vitality of older neighborhoods; and regulating the quantity, quality, and location of alternative residential unit types whereas the lack of such regulation can lead to the establishment of illegal units lacking adequate space, safety, and located in a haphazard and uncontrolled manner.

Sec. 3-69. - Definitions Referenced.

The definitions of certain terms referenced in these Sections are set forth in the Interpretation and Definitions Article of this Ordinance.

Sec. 3-70. - Applicability.

The requirements established herein shall apply to all districts which allow for alternative residential options in the City of Newnan. Where there is a conflict between the terms and/or requirements contained in this section and another section contained in this Ordinance, as amended or any other ordinance, code, or regulation of the City of Newnan, Georgia, the more strict shall apply.

Sec. 3-71. - General Provisions.

The following provisions shall apply to all residential options included in this Division.

There shall be no more than one secondary or subordinate residential unit per lot on any individual lot of record of less than 2 acres.

If the provisions are not met herein in full, the accessory dwelling unit shall be vacated within 30 days and shall remain vacant until such time complete information can be provided.

Refer to Table 3-E, which specifies the dimensional criteria for alternative residential

Sec. 3-71. - General Provisions.

Sec. 3-72. - Accessory Apartments and Residences for Domestic Help.

Sec. 3-72. - Accessory Apartments and Residences for Domestic Help.

The purpose of permitting accessory apartments and residences for domestic help on a limited and select basis is to allow homeowners to rent, lease or provide living quarters for a single accessory apartment clearly subordinate to the primary unit and limited in size and location, which may include mother-in-law suites.

Public water and sewer shall be required.

Any new subdivision seeking approval for allowing the establishment of accessory apartments or residences for domestic help must include in the required application for preliminary plat approval a description of those lots designated for potential accessory apartments. The deed shall indicate that accessory apartments are permitted on the lot.

All additions or alterations to a primary residence or any other building or structure for the purpose of establishing an accessory apartment or residences for domestic help of such unit shall comply with all building codes governing residential development.

Any addition or alteration for the purpose of establishing an accessory apartment or residences for domestic help should be compatible in design with the primary residence and in keeping with the character of the district in which it is to be established.

The accessory apartment or residences for domestic help must have the same street address (house number) as the primary residence.

Sec. 3-73. - Apartments Above Commercial Storefronts.

the date when the owner purchased the property (settlement date) and/or the date when the special exception becomes effective for areas in which a special exception is required.

Sec. 3-73. - Apartments Above Commercial Storefronts.

The purpose of allowing residential apartments above commercial storefronts on a limited and select basis in certain zoning districts is to encourage residential uses within these districts to accommodate residents who need easy and direct access to their place of work, to create an alternative housing option, to facilitate a housing option that is compatible with street level commercial uses with a minimum of disruption to those uses, and to provide an added security measure by creating a district that is active 24 hours a day. Refer to the “Storefront Developments” requirements under Sec. 3-13 for additional information regarding storefront development configuration requirements.

Residential apartments above storefronts must meet the following infrastructure requirements:

Sec. 3-73. - Apartments Above Commercial Storefronts.

Unit Type Minimum Size (Square Feet)

Minimum/Maximum Percentages Studio or Efficiency 500 None/30 One Bedroom 700 None/None Two Bedroom 950 None/None Three (3) Bedroom or More 1100 None/10

All such residential units shall comply with all existing commercial building codes and fire codes (NFPA Life Safety Code, 1991 Edition; Southern Building Code Standard Fire Prevention Code) with fire walls.

Sec. 3-74. - Ground Floor Residential.

Each apartment approval as a special exception must be registered in the Planning and Zoning Department and the owner shall keep all information related to the unit current.

While no permit is required, landowners with apartments above commercial storefronts are required to keep registration current or risk revocation of special exception approval.

Sec. 3-74. - Ground Floor Residential.

The purpose of allowing ground floor residential on a limited and select basis within certain areas of the Central Business District, as shown on Exhibit “A” referenced in paragraph (d) below, is to accommodate residents who need easy and direct access to their place of work, to create alternative housing options, and to provide an added security measure by creating a district that is active 24 hours a day.

Sec. 3-74. - Ground Floor Residential.

Ground Floor Residential will be permitted as a special exception in those areas designated on the overlay map of the CBD zoning district attached hereto as Exhibit “A”

Sec. 3-74. - Ground Floor Residential.

Sec. 3-78. - General Provisions.

88 DIVISION V – SPECIAL CARE RESIDENTIAL ACCOMMODATIONS

Sec. 3-75. - Purpose and Intent.

It is the intent of this Division to allow for the provision of residential and short-term care facilities for special populations who have special needs in an environment that will assist their transition to normal daily life or provide an environment that is as close to a normal residential home life as possible while protecting the health, safety, welfare, and general well-being of the community and the environment where the facility is located.

Sec. 3-76. - Definitions Referenced.

The definitions of certain terms referenced in these Sections are set forth in the Interpretation and Definitions Article of this Ordinance, as amended.

Sec. 3-77. - Applicability.

The requirements herein established shall apply to any facility or facilities that are defined and established below. Where there is a conflict between the terms and/or requirements contained in this section and another section contained in this Ordinance, as amended or any other ordinance, code, or regulation of the City of Newnan, Georgia, the more restrictive shall apply.

Sec. 3-78. - General Provisions.

The following classification system has been established for the purpose of distinguishing between facilities of low impact and high impact. Low-impact facilities are those that can be absorbed by and fit in with the surrounding residential environment without constituting a nuisance due to excessive traffic, insufficient parking, number of individuals being cared for, excessive noise, or type of physical activity.

Class I facilities are permitted only by special exception approval in residential zoning districts. In addition to the requirements imposed by the underlying zoning, Class I facilities must also meet the following requirements: No facility shall be closer than 1,000 feet, as measured from the property line in all directions, from any other facility regulated in this Division; and The special exception permit required for the facility to operate shall be valid for 12 months from the date of approval, subject to annual review by the granting board or commission of the City. As a part of the annual review, each facility must submit a copy of any and all inspection reports conducted by the authorizing State licensing agency and any incident reports filed with local law enforcement agencies.

Sec. 3-78. - General Provisions.

89

Class II facilities are permitted with approval as a conditional use or by special exception or conditional use approval as determined by the underlying zoning, unless otherwise specified by this Division. In addition to the requirements imposed by the underlying zoning, Class II facilities must also meet the following requirements: No facility shall be closer than 1,000 feet, as measured from the property line in all directions, from any other facility regulated in this Division; and The special exception permit required for the facility to operate shall be valid for 12 months from the date of approval, subject to annual review by the granting board or commission of the City. As a part of the annual review, each facility must submit a copy of any and all inspection reports conducted by the authorizing State licensing agency and any incident reports filed with local law enforcement agencies.

Sec. 3-78. - General Provisions.

90 All such developments shall meet the density requirements of the district in which they are located unless otherwise provided in this Division. Zoning district and use requirements are set forth in the Use of Land and Structures Article.

All residential and short-term care facilities must receive a conditional use or special exception permit from the city. All facilities which require a special exception shall have their application forwarded to the appropriate board for public hearing. The following shall be submitted as part of any application for all residential and short-term care facilities:

Approval of any application to operate a residential or short-term care facility is subject to the following criteria:

91

Sec. 3-79. - Residential and Short-Term Care Options for Elderly or Adult Persons.

In the event that the facility is individually owned, the owner(s) will complete the statement of responsibility.

Sec. 3-79. - Residential and Short-Term Care Options for Elderly or Adult Persons.

These facilities are designed to provide for the special needs and requirements of the elderly or the adult infirm populations. The purpose of a day care facility is to provide a residential or family-based day care home for the elderly or adult infirm which shall be operated during a part of the day only and shall not provide residence. These facilities are subject to the requirements in this Section.

92 Sec. 3-79. - Residential and Short-Term Care Options for Elderly or Adult Persons.

93 Sec. 3-79. - Residential and Short-Term Care Options for Elderly or Adult Persons.

All other requirements are the same as Class III Assisted Living Facility, above.

This facility category is subject to stipulations found in Sec. 3-78 of this Article.

94 Sec. 3-79. - Residential and Short-Term Care Options for Elderly or Adult Persons.

All other requirements are the same as a Class III Nursing Home above.

They shall be so designed as to have a minimum of impact upon surrounding land and to provide adequate open spaces adjacent to their boundaries.

An independent retirement community must, at a minimum, contain the following:

95 Sec. 3-79. - Residential and Short-Term Care Options for Elderly or Adult Persons.

If the use is not located in, and subordinate to, the residential use of a dwelling unit, a special exception approval, pursuant to the Procedures and Permits Article, is required to allow the use.

Each independent retirement community shall have an area of at least 30 acres;

except, that a lesser area may be added to an existing planned retirement community if contiguous thereto and in compliance with the provisions of this Section.

A planned retirement community may include a section in which:

96 Sec. 3-79. - Residential and Short-Term Care Options for Elderly or Adult Persons.

above are not required.

An area containing not less than 80% of the total number of dwelling units must be occupied by at least one person 55 years of age or older per unit. The number of dwelling units in that part of the retirement community shall not exceed 25 per acre of the land constituting the age-restricted section, including the retail commercial center and the associated off-street parking, except as further provided in this Division.

All buildings and structures shall be set back at least as follows:

97 Sec. 3-79. - Residential and Short-Term Care Options for Elderly or Adult Persons.

Not more than 15% of the gross area shall be covered by residential buildings.

Not less than 50% of the gross land area shall be devoted to green area.

Off-street parking shall be provided in accordance with the requirements of the Parking and Loading Requirements Article.

Interior roads not dedicated to public use shall be designed and constructed to the Standards of the City, as set forth by Ordinance of the City of Newnan.

Dependent communities are to provide suitable housing options for elderly residents in a variety of living environments and arrangements. Dependent communities shall consist of a minimum of two of the following three (3) types of living arrangements: congregate elderly housing, adult assisted living facilities, and nursing homes.

98

Sec. 3-80. - Residential and Short-Term Care Options for Children.

The number of units per acre shall not exceed the limits of the zoning district for which the development is proposed.

Sec 3-80 - Juvenile Detention Home.

This facility category is subject to stipulations found in Sec. 3-78 of this Division.

99

Sec. 3-81. - Residential and Short-Term Care Options for the Developmentally Disabled.

Not allowed.

A duly licensed foster home operated under the guidelines and provisions of §290-2-5 of the State Department of Human Resources is permitted as-of-right in any residential zone. The foster home shall be occupied by the foster care givers on a full-time basis.

Sec. 3-81. - Residential and Short-Term Care Options for the Developmentally Disabled.

Residential and short-term care options for the developmentally disabled are facilities specifically designed to provide for the special needs and requirements of the developmentally disabled.

This facility category is subject to stipulations found in Sec. 3-78 of this Division.

100 Sec. 3-81. - Residential and Short-Term Care Options for the Developmentally Disabled.

This facility category is subject to stipulations found in Sec. 3-78 of this Division.

101

Sec. 3-82. - Other Residential and Short-Term Care Options.

Sec. 3-82. - Other Residential and Short-Term Care Options.

These facilities are designed to provide for the special needs and requirements of other special groups or persons.

Such a home shall be designed and occupied so as to fit in with the existing character of the neighborhood in which it is located. This facility category is subject to stipulations found in the General Provisions section of this Division.

The application shall include but not be limited to the following information:

102 Sec. 3-82. - Other Residential and Short-Term Care Options.

Not allowed.

This facility category is subject to stipulations found in Sec. 3-78 of this Division.

The facility shall meet all other requirements of the Class II Hospice, above.

103 Sec. 3-82. - Other Residential and Short-Term Care Options.

This facility category is subject to stipulations found in Sec. 3-78 of this Division.

and

This facility category is subject to stipulations found in Sec. 3-78 of this Division.

104 Sec. 3-82. - Other Residential and Short-Term Care Options.

105 Sec. 3-82. - Other Residential and Short-Term Care Options.

All other requirements are the same as Class II Residential Mental Health and Substance Abuse Facility, above.

This facility category is subject to stipulations found in Sec. 3-78 of this Division.

Personal Care Group Homes are exempt from the definition of family and shall be classified in one the following ways:

106

Sec. 3-83. - Temporary or Seasonal Uses.

DIVISION VI – TEMPORARY USES AND STRUCTURES Temporary or seasonal uses and structures may be permitted in compliance with the following provisions. Required parking spaces may be used for the temporary use or event unless otherwise provided below.

Sec. 3-83. - Temporary or Seasonal Uses.

A Temporary Sale Permit shall be required from the City Clerk. Such sales shall be limited to nonresidential districts and shall be limited in duration to 45 consecutive days. No new permit may be issued until after a minimum of 30 days has expired after the previous permit.

A Temporary Event Permit shall be required from the City Clerk. These events, open to the general public, shall not exceed a 10-consecutive day period. The applicant must submit a site layout showing adequate provisions for emergency vehicles, fire extinguisher, refuse containers, parking, and general pedestrian access and circulation.

These events, open to the general public, shall be limited in number to one during any 12 month period. A Temporary Sale Permit shall be required from the City Clerk for each sale.

107 Sec. 3-83. - Temporary or Seasonal Uses.

A Temporary Sale Permit shall be required from the City Clerk. Such events shall be limited to three consecutive days in length and to six such sales events per year.

Displays for such events shall not encroach into required parking areas or yards.

An outdoor community festival may be permitted with a permit issued by the City Clerk in any zoning district provided that the following stipulations be met:

Community Festivals above and with the Applications for Temporary or Seasonal Use Permits section herein.

Mobile food vendors may operate on private property with a permit issued by the City Clerk provided that the following stipulations be met:

109

Sec. 3-84. - Applications for Temporary or Seasonal Use Permits.

Sec. 3-84. - Applications for Temporary or Seasonal Use Permits.

In addition to the requirements specified in this Division, all applications for temporary or seasonal use permits shall be filed at least 2 weeks prior to the date the use will commence.

If public safety support is requested from the City, such application must be filed at least 4 weeks before the commencement of the temporary use. All applications for uses described above shall include the following information:

110 Sec. 3-84. - Applications for Temporary or Seasonal Use Permits.

or parking space availability;

111 Sec. 3-86. - Temporary Structures.

Sec. 3-85. - Other Provisions.

Any special exception approval for a temporary use or event may contain special limitations thereon in accordance with the difference in circumstances which may attend each such requested use.

Sec. 3-86. - Temporary Structures.

Factory-fabricated, transportable buildings which are designed to arrive at the site ready for occupancy, except for minor unpacking and connection to utilities, and designed for removal to and installation at other sites, may be placed on a property to serve as the following:

112 Sec. 3-86. - Temporary Structures.

In addition to the above limitations, all such factory-fabricated, transportable buildings shall meet the following standards and requirements:

Such factory-fabricated, transportable buildings may remain on the site for no more than 12 months. This period may be renewed for another 12-month period, for good cause shown, upon approval of a written request, submitted to the Planning Director 30 days prior to the expiration of the permit. In no event, however, shall such extensions allow the factory-fabricated, transportable building to remain on the site for more than 3 years. In any event, temporary construction and security personnel offices shall be removed from the site before the City issues the last certificate of occupancy for the development.

Factory-fabricated, transportable buildings which are designed to arrive at the site ready for occupancy, except for minor unpacking and connection to utilities, and designed for removal to and installation at other sites, may be placed on a property to serve as expansion space for existing schools.

113 Sec. 3-86. - Temporary Structures.

In addition to the above limitations, all such factory-fabricated, transportable buildings shall meet the standards and requirements in subsection (a)(2) above, except that at least 300 square feet of landscape screening material shall be provided in the immediate vicinity of each factory-fabricated, transportable building in order to screen it from the view of other properties and public streets.

Such factory-fabricated, transportable buildings may remain on the site for no more than 12 months. This period may be renewed for additional 12-month periods, for good cause shown, upon approval of a written request for such an extension by the Building Official submitted to the Building Official 30 days prior to the expiration of the permit.

Model sales homes shall be allowed within a new residential development subject to approval by the Building Official as a temporary use provided that:

and

114 Sec. 3-86. - Temporary Structures.

Temporary real estate sales offices shall be allowed within a new residential development, subject to approval by the Planning and Zoning Department as a temporary use, provided that:

115 Sec. 3-86. - Temporary Structures.

116 Sec. 3-89. - Other.

Temporary construction fences are permitted on properties where projects are required to construct such structures in order to minimize the impact of development on adjacent properties. Such structures shall be approved with the site plan and shall be removed from the site prior to receipt of a Certificate of Occupancy by the Building Official.

DIVISION VII – PROHIBITED USES.

The following uses shall be prohibited in the City of Newnan.

Sec. 3-87. - Hazardous or Toxic Waste Incinerators and Biomedical Waste Disposal Facilities.

Sec. 3-88. - Sanitary or Inert Landfills and Incinerators.

Sec. 3-89. - Other.

See Article 2, including the Principal Uses Allowed by Zoning District table.