Walker County |
Code of Ordinances |
Part II. Code Of Ordinances |
Chapter 34. Land Development |
Article V. Zoning |
Division 2. Districts And District Regulations |
§ 34-234. Specific uses allowed
(a) Generally.
(1) Definition and prescription. This section defines and prescribes the specific uses allowed within each land use district.
(2) Accessory uses and structures. Accessory uses and structures are allowed in any land use district in connection with any lawfully existing principal use. All accessory structures or uses shall meet the requirements for the land use district in which the structure or use is located as provided in division 3 of this article pertaining to site development standards.
(3) Interpretation of use regulations. Whenever a use is not specifically mentioned in subsection (b) of this section, the director of planning shall make a determination as to whether the proposed use is of the same general type as the uses specifically allowed in the land use district. In making such a determination, the planning director shall be guided by the goals, objectives and policies of the county comprehensive plan and this section.
(b) Types.
(1) Residential.
a. The residential use category includes single-family dwellings, accessory apartments, multifamily dwellings in a variety of housing types, modular and manufactured housing, manufactured home parks, family residential care homes, and community residential care homes, but specifically excludes trailers. (Recreational vehicle parks are considered commercial uses).
b. While land may be designated for residential use, it does not follow that any housing type (single-family, apartment, townhouse, etc.) is allowed. Certain areas are limited to one or more housing types in order to preserve the established character of the area. Refer to the table of dwelling unit types set forth in section 34-236
(2) Institutional. This type of use includes educational facilities (public or private), preschool and day care facilities (public or private), churches, cemeteries without funeral homes, nursing home facilities, institutional residential homes and all other similar institutional uses.
(3) Outdoor recreational. These uses include areas for outdoor recreational activities such as picnicking, jogging, and cycling (non-motorized), arboretums, hiking, golf courses, playgrounds, ballfields, outdoor ball courts, stables, outdoor swimming pools and water-related or water-dependent uses, whether public or private. Specifically excluded from this group of uses are firing ranges, miniature golf courses, race tracks and similar recreational or quasi-recreational activities that are more intensive than the allowable outdoor recreational uses described.
(4) Professional services and offices. This group of uses includes business and professional offices, medical offices or clinics, government offices, financial institutions without drive-up facilities, and personal service businesses where the service is performed on an individual-to-individual basis as opposed to services which are performed on objects or personal property. Examples of personal service businesses are barbershops, beauty shops, or photography studios. This group of uses may include a dispatching/communications/office center for the distribution of goods, but specifically excludes the warehousing or actual distribution of goods.
(5) Neighborhood commercial. This group of use includes limited commercial activities of a convenience nature and professional offices predominantly serving residential neighborhoods within a two-mile radius. Examples include the following specific uses, and all substantially similar types of uses:
a. Convenience commercial retail establishments, including convenience stores, gasoline sales and service, combination gasoline sales and food marts and similar facilities.
b. Professional and office uses listed in subsection (b)(4) of this section.
c. Restaurants without drive-up facilities.
(6) General commercial. A wide variety of general commercial, commercial recreational, entertainment and related activities is included in this group of uses. Examples include professional and office uses listed in subsection (b)(4) of this section, as well as the following specific uses, and all substantially similar types of uses:
a. Arcades, billiards/pool parlors, bowling alleys, indoor recreation centers and gymnasiums/spas/health clubs.
b. Community centers and fraternal lodges.
c. Commercial or trade schools, such as dance and martial arts studios.
d. Department stores and other retail sales stores, such as shoe stores, clothing stores, pharmacies, florists, and bookstores.
e. Farm and garden supplies, building supplies, vehicle parts and accessories.
f. Financial institutions with drive-up facilities.
g. Flea markets or similar outdoor or indoor/outdoor sales complexes.
h. Funeral homes, cemeteries and mortuaries.
i. Gasoline sales and service, combination gasoline sales and food marts and similar facilities.
j. Grocery stores, supermarkets and specialty food stores (such as meat markets and bakeries).
k. Hospitals.
l. Hotels or motels.
m. Marinas.
n. Miniature golf, and golf driving ranges.
o. Outdoor areas, rodeo grounds, livestock auction facilities, race tracks (i.e., auto, dog, go-kart, horse, motorcycle), shooting and firing ranges and similar activities.
p. Plant nurseries.
q. Recreational vehicle and travel trailer parks.
r. Restaurants (standard sit-down, high turnover sit-down and restaurants with drive-up facilities).
s. Roadside produce stands, temporary or permanent.
t. Service businesses, such as blueprint, printing, catering, tailoring, travel agencies, upholstery shops, laundries/dry cleaners and light mechanical repair stores (such as camera, TV or bicycle repair shops).
u. Shopping centers.
v. Storage yards for equipment, machinery and supplies for building and trade contractors, and garbage haulers.
w. Taverns, bars, lounges, nightclubs, and dancehalls.
x. Theaters and auditoriums.
y. Vehicle sales, rental, service and repair, including truck stops, body shops, road services, car wash facilities and the sale, rental, repair and service of new or used automobiles, boats, buses, farm equipment, motorcycles, trucks, recreational vehicles and mobile homes.
z. Veterinary offices and animal hospitals.
(7) Public service. This group of activities includes those uses which provide essential or important public services and utilities. Uses include the following, and substantially similar activities, based upon similarity of characteristics:
a. Broadcasting stations, and transmission towers.
b. Emergency service activities, such as buildings, garages, parking and/or dispatch centers for ambulances, fire, police and rescue, but specifically excluding maintenance of service vehicles.
c. Liquefied propane (LP) gas storage and/or distribution facility for up to 1,000 gallons. A LP gas storage and/or distribution facility for over 1,000 gallons is an industrial use.
d. Maintenance facilities and storage yards for schools, government agencies and telephone and cable companies.
e. Utility facilities, such as water plants, wastewater treatment plants, and electricity substations.
(8) Utility. Utility uses include essential utility facilities, such as utility rights-of-way, electricity substations serving less than 230 kilovolts (KV) and associated with the local distribution of electricity, and private water and wastewater treatment plants, provided that they are for the sole use of the particular private development and are not intended to serve a subregional or regional system.
(9) General agricultural. Agricultural uses include croplands, pastures, aquaculture, feedlots and buildings which are accessory to these agricultural uses. This category of uses does not include processing or distribution plants for agricultural products and supplies. Low density residential use is allowed (refer to the table of allowable uses set forth in section 34-235).
(10) Low intensity agricultural. Low intensity agricultural uses include croplands, pastures, aquaculture, plant nurseries and buildings which are accessory to these agricultural uses. This category of uses does not include feedlots, poultry, hog and dairy operations, and processing or distribution plants for agricultural products and supplies. Low density residential use is allowed.
(11) Silvicultural. Silvicultural uses include forestry and buildings which are accessory to this use. Low density residential use is allowed.
(12) Industrial. This type of use includes those wholesale and retail businesses for manufacturing, processing, storing or distributing goods. Included in this category are uses which require primarily outdoor storage or the industrial activity itself is conducted outdoors. Such uses include, for example, LP gas storage and/or distribution, junkyards or salvage yards, waste-to-energy incinerators, recycling centers, landfills, hazardous waste collection and handling centers.
(13) Mining. The types of uses in this group include borrow pits, surface mining, rock quarries, strip mining and any extraction activity. Buildings and businesses for the refinement, processing, packaging and transportation of extracted materials are included in this group of uses.
(Ord. of 7-20-1994, § 3.03; Ord. of 5-1998(1), § 303(B))