§ 9. Special provisions for certain uses.

9-1

Home Occupations. A home occupation as defined by this ordinance shall be governed by the following requirements:

9-1.1

Only residents of the dwelling may be engaged in the home occupation.

9-1.2

The home occupation shall be clearly incidental to the residential use of the dwelling and shall not change the essential residential character of the dwelling.

9-1.3

No signage shall be allowed identifying the home occupation.

9-1.4

Use of the building for this purpose shall not exceed twenty-five percent (25%) of the conditioned air space of the dwelling.

9-1.5

No internal or external alterations inconsistent with the residential use of the dwelling shall be permitted.

9-1.6

The occupation shall not constitute a nuisance in the neighborhood.

9-1.7

No accessory buildings or outside storage shall be used in connection with the home occupation.

9-1.8

The home occupation shall not be allowed any destination traffic trips that are related to the home occupation by outside clients or patrons.

9-1.9

Vehicles used primarily as passenger vehicles only shall be permitted in connection with the conduct of the customary home occupation.

9-1.10

The following and similar uses shall be considered home occupations provided that all additional requirements of this section are met: addressing service, answering service, architect, computer consulting, desktop publishing, drafting, manufacturing agent, pet sitting (off-site), and web design. Other professions and/or services which are essentially office or clerical in nature as approved by the Land Development Administrator.

9-2

Home Based Business. A home based business, as defined by this ordinance, shall be governed by the following requirements:

9-2.1

At least one resident and not more than one non-resident of the dwelling may be engaged in the home based business. The resident must be the owner of the home based business.

9-2.2

The home based business shall be clearly incidental to the residential use of the dwelling and shall not change the essential residential character of the dwelling.

9-2.3

No display of products shall be visible from the street and only products produced on the premises may be sold on the premises.

9-2.4

Only one (1) point of business sign, not exceeding two square feet in size, motionless, non-lighted, and attached to the principal building, shall be permitted.

9-2.5

Use of the dwelling for this purpose shall not exceed twenty-five (25) percent of the conditioned air space of the dwelling.

9-2.6

No internal or external alterations inconsistent with the residential use of the dwelling shall be permitted.

9-2.7

The home based business shall not constitute a nuisance in the neighborhood.

9-2.8

No accessory buildings or outside storage shall be used in connection with the home based business.

9-2.9

Instruction in music and other tutorial services shall be limited to two (2) students at a time.

9-2.10

Vehicles used primarily as passenger vehicles only shall be permitted in connection with the conduct of the home based business.

9-2.11

No more than two (2) non-transient guests may be boarded at any one time as a home based business.

9-2.12

The following and similar uses may be considered for approval as home based businesses provided that all additional requirements of this section are met: accountant, addressing service, answering service, architect, art instructor, barber or beauty shop (with no more than one (1) chair), drafting, dressmaking, insurance agent, manufacturing agent, music teacher, notary public, photography, real estate agent, tax consultant, and other home based businesses as approved following Planning Commission review and County Commission approval.

9-2.13

Not more than six (6) children may be kept in the home as a customary home occupation. Safe, proper and efficient loading and unloading spaces must be supplied and at least 100 feet of outdoor play area is required for each child accommodated. The entire outdoor play area shall be enclosed by a steel mesh security fence with lockable gates approved by the building official or other substantial building material affording equal or better protection, having a minimum height of at least four (4) feet and constructed in such a manner that maximum safety to the children is ensured.

9-3

Rural Home Occupations. This provision is designed to provide for the reasonable development of rural home occupations as an accessory use to rural residential uses. Uses of property for the Rural Home Occupation (RHO) shall be governed by the following requirements:

9-3.1

Property for which an RHO is proposed shall be owner occupied and shall contain a minimum of five acres of land in the A-U land development district and shall directly abut an arterial or collector roadway as defined on the Major Thoroughfare Plan.

9-3.2

The accessory structure shall be located behind the residential structure and meet the side and rear building setback lines of the A-U land development district and all building code separation requirements shall apply. The accessory structure shall contain no more than seventy-five (75) percent of the gross square footage of the principal residential dwelling.

9-3-3

Any Rural Home Occupation shall be operated in such a manner as to not be a nuisance to adjacent residential structures. This shall apply to noise, lighting, traffic, and unsightly outside storage.

9-3-4

No display of products shall be allowed in the front yard.

9-3-5

Only one sign advertising the accessory use, not exceeding sixteen (16) square feet in size, motionless and non-lighted, shall be permitted in the conduct of the proposed RHO use.

9-3.6

All Rural Home Occupations operating under this ordinance section shall provide designated off-street parking to the rear of the primary residential structures for customers of said RHO.

9-3.7

Any occupation that meets the intent of this ordinance may be considered for a Special Exception within an A-U land development district as described herein. This may include but is not limited to the following: catering service, motorized vehicle repair, printing or engraving shop, flower shop, furniture upholstery shop, locksmith or gunsmith, personal service shops, photography studio, specialty shops as they relate to the sale of items manufactured therein, and service-oriented commercial activities associated with agricultural uses. Other uses as reviewed by the Planning Commission and approved by the County Commission may be considered.

9-3.8

Any use approved as a Rural Home Occupation which proposes outside storage shall provide for screening of the entire service or storage area as required in Section 3-19 of this ordinance.

9-4

Manufactured Housing Parks. Manufactured housing parks are allowed, provided the following requirements are met:

9-4.1

The minimum lot size shall be ten (10) acres.

9-4.2

Setbacks shall be as described in Section 6, setback and yard requirements by district.

9-4.3

Each manufactured home shall be connected to an approved water and sewer system.

9-4.4

The minimum area per manufactured home space shall be not less than forty-three thousand five hundred sixty (43,560) square feet with a minimum individual space width of one hundred fifty (150) feet. Individual manufactured home space requirements shall be as dictated by the rules and regulations of the Lanier County Board of Health and the land development ordinance minimums. All Health Department required plans shall accompany the required site plan for Planning Commission review.

9-4.5

All manufactured home spaces or other park sites devoted to accessory uses (such as management offices, laundry facilities, recreation buildings, etc.) shall have an interior setback of ten (10) feet from its respective area boundaries. Residential accessory buildings associated with dwelling units shall be set back ten (10) feet from its respective space boundaries, limit of one (1) accessory building per manufactured home space.

9-4.6

A sixty (60) foot interior drive, paved and properly drained for two-way traffic, 22 foot paving minimum, shall serve all manufactured home spaces and shall be drained so as to prevent damage to adjoining property, public or private.

9-4.7

Each manufactured home space and accessory use space shall be clearly defined by means of concrete, steel or iron pipe markers placed at all corners.

9-4.8

All property lines of a manufactured housing park which abut any land development district other than another MHP district shall be screened as described in Section 3-19.

9-4.9

Prior to any application for land development district amendment, development or expansion, all manufactured housing park developments must be submitted to and reviewed by the Greater Lanier Planning Commission and must receive their approval prior to the issuance of any building permits. Proper utility plans, drainage plans and road development plans, drawn to county specifications, shall accompany the proposed site plan for county staff review prior to submission to the Planning Commission. For the purpose of the development of the required plans, site plans for manufactured housing parks shall contain data equivalent to the preliminary plat requirements of the Lanier County Land Subdivision Ordinance. Construction drawings equivalent to the improvements plan process described in the Lanier County Land Subdivision Ordinance shall be required to be submitted to and approved by the Lanier County Engineer prior to the initiation of any manufactured housing park construction. All utility and streets construction must be completed prior to issuance of any building permits.

9-4.10

No manufactured housing park shall be occupied by a greater number of manufactured homes than that authorized in the approved site plan. No manufactured housing park shall be enlarged or expanded unless a separate manufactured housing park site plan has been reviewed and approved by the Planning Commission.

9-5

Rural Farm Housing. In A-U development districts within the unincorporated area of Lanier County, there shall be permitted, as a matter of right, to any owner of property one primary dwelling and for farms between 10 and 25 acres, one (1) accessory dwelling. For each 25 acres over 25 acres, up to 200 acres, one accessory dwelling per 25 acres shall be allowed. For over 200 acres, one (1) accessory dwelling for each additional 50 acres shall be allowed. The additional accessory dwellings set forth above will be permitted on any parcel of land under single ownership where the following conditions can be met:

9-5.1

Occupants of non-principal residential uses shall be related by blood ties to the owner of the property and said blood relationships shall extend to but not beyond the second descending and ascending generation. This shall not apply to occupants that are full-time employees of the property owner and are responsible for the agricultural production of the property.

9-5.2

Each such non-principal residential use shall occupy a land area not less than 43,560 square feet in size, with a minimum area width of one hundred fifty (150) feet.

9-5.3

Each such land area shall be so defined by permanent physical markers as to be given a numerical address and location designation.

9-5.4

Each such land area shall receive approval from established county health authorities as to its suitability as a site for an effective sanitary sewage disposal system designed to accommodate wastes generated by the user of that land site.

9-5.5

An acceptable domestic water supply shall be available to each satellite user of this special provision and such water supply shall meet local public requirements as administered by county health authorities.

9-5.6

No commercial use of this special provision will be allowed and no rental charge can be placed on the non-principal uses.

9-5.7

Each such use shall be accessible, either by private drive or public roadway, to the public thoroughfare system.

9-5.8

Individual power supply sources shall be provided to each user under this special provision and each utility installation shall meet such standards as have been adopted by Lanier County.

9-5.9

Facilities established under this special provision for residential use shall meet the requirements of local construction codes established by the Lanier County Commission.

9-5.10

Permits for construction will not be issued prior to the approval of each of the aforementioned conditions by the Land Development Administrator. In addition, any change in use or occupancy must be approved by the Land Development Administrator.

9-6

Agricultural Worker Housing. Agricultural worker housing is allowed as an accessory use in the A-U (Agricultural Use) land development district subject to the following provisions:

9-6.1

Head of household shall be a full-time or seasonal employee of the property owner and is responsible for the agricultural production of the property.

9-6.2

Water supply and sewage disposal for said housing shall be approved by the Lanier County Health Department.

9-6.3

Such accessory uses shall be subject to the principal building front, rear and side yard setback requirements of the A-U (Agricultural Use) land development district.

9-6.4

All such structures or buildings developed for agricultural worker housing shall be limited To a maximum height of 35 feet and shall have a minimum of 30 feet of open, unoccupied space between it and any other building or structure in the development.

9-7

Security Worker Housing. Security worker housing may be allowed as a Special Exception as an Accessory Use in the R-C, G-B, WLI, and the H-I land development districts subject to the following provisions:

9-7.1

Member of household shall be a full time employee of the property owner or less or and be responsible for the security of the property.

9-7.2

Water supply and sewage disposal for said housing shall be approved by the Lanier County Health Department.

9-7.3

Such accessory uses shall be subject to the principal building front, rear and side yard setback requirements of the appropriate land development district.

9-7.4

All such uses shall be limited to manufactured housing used for security worker housing. These units shall have a minimum of 30 feet of open, unoccupied space between it and any other building or structure on the property.

9-7.5

There shall be only one (1) security worker dwelling located at each site.

9-8

Commercial Chicken Houses. All chicken house facilities shall be restricted to the A-U land development district and be located at least 1,000 feet from any residential dwelling or residential land development district, excluding any dwelling belonging to the owner of the poultry operation, as well as any commercial or industrial use. Setbacks for buildings shall be at least 100 feet from a public road or adjoining property line, and the parcel upon which a poultry facility is to be sited shall be at least ten (10) acres in size.

9-9

Junk Yard Buffers. An eight (8) foot fence and six (6) foot wide buffer strip, developed in accordance with Section 3-19, shall be erected and properly maintained along all road frontages, all side lot lines and all rear yard lines of any junk yard.