Section 9Special provisions for certain uses
Needs a look
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Plain English: what this part covers
These sections cover special housing and use situations: running a business out of your home, where manufactured (mobile) homes can go and what they have to look like, manufactured home parks, apartment and townhome projects, and what happens to older uses and buildings that were legal before the rules changed (grandfathered or 'nonconforming' uses). Nearly all of this has not been amended since 1996.
- Home business: max 25% of one floor; accessory building used for it max 25% of house floor area (Secs. 9-1.5, 9-1.8)
- Home business sign: one, max 2 sq ft, non-lighted, on the house (Sec. 9-1.4)
- Lessons: max 2 students at a time; home nursery: max 6 children; boarders: max 2 (Secs. 9-1.9, 9-1.11, 9-1.13)
- Home business parking: at least 2 extra spaces (Sec. 9-1.15)
- Manufactured home in R-8-M: wider than 16 ft, 2:12 roof pitch, skirting required (Sec. 9-8.2)
- Mobile home park: min 5 acres, 5,000 sq ft and 50 ft wide per space, 200 sq ft recreation per space (Sec. 9-4)
9-1. Home Occupations. A home occupation as defined by this 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 building.
9-1.3. No display of products shall be visible from the street, and only products produced on the premises may be sold on the premises.
9-1.4. Only one point of business sign, not exceeding two square feet in size, motionless, nonlighted, and attached to the principal building, shall be permitted; and no advertising signs shall be permitted.
9-1.5. Use of the building for this purpose shall not exceed 25 percent of one floor of the principal building.
9-1.6. No internal or external alterations inconsistent with the residential use of the building shall be permitted.
9-1.7. The occupation shall not constitute a in the neighborhood.
9-1.8. If the home occupation involves the use of an accessory building the same shall be granted only in the event that it is clearly evident that the use is incidental to the residential character of the property all upon condition that sales not be conducted upon the premises. An accessory building used in conjunction with a home occupation should be located, designed and generally follow normal and typical patterns of residential accessory buildings. The size of the accessory building used for a home occupation may not exceed 25 percent of the floor area of the principal building.
9-1.9. Instruction in music and similar subjects shall be limited to two students at a time.
9-1.10. Vehicles used primarily as passenger vehicles only shall be permitted in connection with the conduct of the customary home occupation.
9-1.11. No more than two guests may be boarded at any one time as a customary home occupation.
9-1.12. The following and similar uses shall be considered home occupations: accountant, addressing service, architect, art instructor, beauty shop (with no more than one operator), drafting, dressmaking, insurance agent, manufacturing agent, music teacher, notary public, photography, real estate agent, and tax consultant. The following and similar uses are considered appropriate uses of accessory buildings: artist or craftsman's work area, photographic darkroom, clock repair shop, gunsmith shop, laboratory, potters shop, basket weavers shop, and similar uses.
9-1.13. Not more than six children may be kept in the home as a nursery as a customary home occupation.
9-1.14. Newspaper or periodical publishing, as defined in section 2-29B, may be permitted as a home occupation by the board of appeals upon application therefor provided such home occupation is limited to activities which only constitute newspaper or periodical publishing, does not involve presswork, sales or distribution, and otherwise meets the criteria for a permitted home occupation.
9-1.15. Required parking spaces for home occupations shall be determined by the board of appeals with a minimum of two spaces required in addition to those for the primary residence. Parking on public rights-of-way is expressly prohibited.
9-2. Residential Group Development Projects. The regulations as set forth in this subsection shall apply to all lands and structures intended primarily to provide for owner-occupied residential units, including condominiums, single-family attached dwelling units (with or without condominium ownership), patio homes, zero lot line, and other similar housing types. Multiple buildings may be allowed on a single lot in these development types. Residential group development projects are allowed in the M-R as a matter of right and in the R-P and D-C zoning districts as a .
9-2.1. A condominium is defined as a type of residential development which includes individually owned dwelling units in a multifamily structure, combined with joint ownership of common areas of the buildings and grounds.
9-2.2. Single-family attached dwellings are a type of residential development which includes a dwelling unit on a subdivided lot individually owned, though attached by a common party wall to another dwelling unit on an adjacent lot. This housing type may also include provisions for joint ownership of common areas of certain buildings and grounds.
9-2.3. Two parking spaces shall be provided for each dwelling unit proposed as a part of any residential group development project. (Does not apply to D-C district.)
9-2.4. Residential group development projects shall conform to the building height restrictions listed in section 6 of these regulations.
9-2.5. Each dwelling unit proposed as part of a residential development project shall meet the minimum floor area requirements listed in section 6 of these regulations, as well as limitations for efficiency and one bedroom units as part of the total project development.
9-2.6. No building containing single-family attached units shall contain more than ten units. There shall be a fire wall with a four-hour rating between every unit. Each dwelling unit shall be serviced by separate utilities.
9-2.7. Minimum lot area for all residential group development projects shall meet the minimum lot area requirements listed in section 6.
9-2.8. The following minimum lot area shall be left in a natural state as open space or be developed as park and/or open air recreation facilities. Required yard areas shall not be credited towards this minimum open space allocation:
9-2.8.a. Single-family attached dwelling units - 500 square feet per dwelling unit (in addition to square feet required lot size per dwelling unit) on all projects one acre and over.
9-2.8.b. Condominium - 500 square feet per dwelling unit, in addition to square feet required minimum lot size per dwelling unit. (Does not apply to D-C district.)
9-2.9. Applications for a building permit for all residential group development projects shall be subject to the provisions of subsection 11-3 of these regulations. In addition, if the project proposes the subdivision of the tract into various individual lots and common area, a copy of the planned subdivision must be supplied to the zoning administrator. Said plat shall be properly recorded in the land records of Turner County prior to granting of the respective building permit(s).
9-2.10. Due to the design needs of this development type, standard lot sizes and interior lines shall not apply. However, mandated front, side and rear yard setbacks shall apply to all lots where these developments abut traditional development types or newly developed public streets.
9-2.11. Prior to development or expansion, all residential group development projects must be submitted to and reviewed by the Ashburn Planning Commission and must receive their approval prior to the issuance of any building permit. Proper utility plans, drainage plans and road development plans, drawn to city specifications, shall accompany the proposed site plan for city staff review prior to submission to the planning commission.
9-3. Multifamily Development Projects. Multifamily development projects are allowed within the M-R as a matter of right and within the R-P and D-C zoning districts as a :
9-3.1. Multiple buildings may be allowed on a single lot in these development types.
9-3.2. Two parking spaces shall be provided for each dwelling unit proposed as part of any multifamily development project. (Does not apply to D-C district.)
9-3.3. Multifamily development projects shall conform to the building height restrictions and yard requirements listed in section 6 of these regulations.
9-3.4. Each dwelling unit proposed as part of a multifamily development project shall meet the minimum floor area requirements listed in section 6 of these regulations, as well as limitations for efficiency and one-bedroom units as part of the total project development.
9-3.5. All multifamily development projects shall leave 500 square feet per dwelling unit in a natural state as open space or be developed as park and/or open air recreation facilities. This requirement is in addition to the required lot size per dwelling unit. This requirement does not apply to multifamily development projects in the D-C district.
9-4. Manufactured Housing Parks. Manufactured housing parks shall meet the following requirements:
9-4.1. The minimum size shall be five acres.
9-4.2. Setbacks shall be as described in section 6, and yard requirements by district.
9-4.3. Each manufactured home shall be connected to a public water and sewer system. Within the City of Ashburn, no manufactured housing park shall be developed without public water and sewer.
9-4.4. The minimum area per manufactured home space shall be not less than 5,000 square feet with a minimum individual space width of 50 feet.
9-4.5. All manufactured home spaces or other park sites devoted to accessory uses (such as management offices, laundry facilities, recreational buildings, etc.) shall have an interior of ten feet from its respective area boundaries. Residential accessory buildings associated with dwelling units shall be set back five feet from its respective space boundaries, limit of one accessory building per manufactured home space.
9-4.6. A 20-foot interior roadway or drive, paved and properly drained, shall serve all manufactured home spaces and shall be drained so as to prevent damage to adjoining property, public or private. MHP developments shall require 18-foot pavement width where proposed for two-way traffic, and 12-foot pavement width for one-way traffic.
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. At least 200 square feet per manufactured home space (not be a part of the required manufactured home space) shall be provided in one or more locations for community playground and recreation purposes.
9-4.9. All property lines of a manufactured housing park which abut any other than another MHP district shall be screened as described in section 3-19.
9-4.10. Prior to development or expansion, all manufactured housing park developments must be submitted to and reviewed by the Ashburn 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 city specifications, shall accompany the proposed site plan for city staff review prior to submission to the planning commission.
9-4.11. 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. Variances to Height Requirements.
9-5.1. Chimneys, water, fire, radio and television towers, church spires, domes, cupolas, stage towers, and scenery lofts, cooling towers, elevator bulkheads, smokestacks, flagpoles, parapet walls, silos, granaries, windmills, and similar structures and their necessary mechanical appurtenances may be erected above the height limits herein established after a proper has been obtained from the zoning board of the City of Ashburn, except within the two-mile radius of the Turner County Airport shall conform to the height requirement of its district unless a variance for a greater height is approved by the zoning board of the City of Ashburn; any such approval of a greater height shall be in accord with the flight approach zone maps on file with the zoning administrator of the City of Ashburn.
9-6. Special Requirement for Radio and Television Stations.
9-6.1. In the G-C (general commercial) , all towers, masts, aerials and antennas (including guy wires therefor) and other apparatus which constitute accessory equipment necessary for the broadcasting of television signals and/or radio signals shall be:
a. Located at least 200 feet from adjacent property lines on any lot which adjoins any residential district;
b. Be approved by the Federal Aviation Administration as to location, construction, lighting, radio frequencies and height;
c. Be approved by the Federal Communications Commission as to location.
9-7. Commercial and Professional Group Development Projects. These regulations shall apply to all lands and structures intended to be utilized for either commercial or professional uses where the developer proposes to apply the condominium development and sales concept.
9-7.1. Uses allowed within each specific commercial or professional group development project shall be those uses specifically indicated in its respective as being allowed as either a use by right or as a .
9-7.2. In the application of the condominium sales concept, it shall be required that all building facades, landscaped grounds, and parking areas shall be commonly owned and maintained by a properly constituted owners association while individual ownership of specific units shall be permitted.
9-7.3. Each individual unit proposed for such a development shall be separated by a fire wall or floor with a two-hour rating, and each unit shall be serviced by separate utilities.
9-7.4. Parking for such developments, including layout and site design as well as parking space requirements, shall be subject to the requirements of section 7 of this .
9-7.5. Setback requirements and height limitations shall be subject to general zoning requirements.
9-7.6. Applications for a building permit for all proposed commercial and professional group development projects shall be subject to the provisions of subsection 11-3 of these regulations. In addition, if the project purposes the subdivision of the tract into various individual lots and common area, a copy of the proposed subdivision plat must be submitted for review.
9-7.7. Prior to the issuance of any building permits for such a proposed development, the required plans and plats must be submitted to the zoning administrator for review by the Ashburn Planning Commission. Proper utility plans and drainage plans, drawn to city specifications shall accompany the required land subdivision plat for city staff review prior to submission to the planning commission.
9-7.8. In addition to the requirements of section 9-7.7, the developer shall be required to submit a copy of his proposed condominium association agreements, prepared pursuant to Georgia law for review and approval by the Ashburn city attorney prior to recording of the subject plan and association agreements.
9-8. Compatibility Standards for Individually Sited Manufactured Homes.
9-8.1. Permitted locations. Manufactured homes qualifying for individual siting shall be allowed in residential areas designated with R-8-M and shall be regulated uniformly with other housing constructed on site, subject to requirements and limitations set forth in the . Approval shall be in accordance with requirements set forth in this section.
9-8.2. Manufactured home compatibility standards review standards. The City of Ashburn Zoning Administrator will review manufactured homes applying to be permitted in the above-mentioned residential zoning classification areas as set out in this section. The manufactured homes must meet or exceed the following standards:
a. Minimum width in excess of 16 feet.
b. Minimum square footage as required by the in which it is located.
c. The roof shall have a minimum 2:12 roof pitch and shall have a surface of wood shakes, asphalt composition, wood shingles, concrete, fiberglass or metal tiles, slate, built-up gravel materials, approved by the zoning administrator.
d. The exterior siding material shall consist of wood, masonry, concrete, stucco, masonite metal or vinyl lap or other material of like appearance.
e. The structure must be attached to a manufacturer's or state code approved foundation, and axles, wheels and tongue must be removed.
f. The structure must be constructed according to standards established either by the State Minimum Standard Code as amended from time to time or the Southern [sic] Standard Building Code if locally adopted for site-built homes, or the National Manufactured Housing Construction and Safety Standards Act for manufactured homes. Each of these codes shall be applicable to the specific structure to which it applies.
g. Installation of skirting shall be required. The area beneath each such structure must be enclosed with materials manufactured for such purposes, including but not limited to brick, concrete, rock or other materials which have been approved by the building inspector. The skirting shall be secured, as necessary, to assure stability, to minimize vibrations, to minimize susceptibility to wind damage. Access opening(s) not less than 18 inches in any dimension and not less than three square feet in area shall be provided to allow for access and inspection of the home. Venting requirements shall be according to manufacturer's installation instructions or according to rules and regulations adopted by the Georgia Safety Fire Commissioner.
h. Manufactured homes placed in the R-8-M or areas, shall meet all minimum compatibility standards set forth in this section, in addition to district standards applicable to all housing located therein.
Questions folks ask
Can I put a mobile home on my lot?
Individual manufactured or mobile homes are allowed in R-8-M districts, and in manufactured housing parks (MHP district). The code treats 'mobile homes' as manufactured homes. Elsewhere, check the Section 5 use chart or ask the zoning administrator before buying or moving one.
What does a manufactured home have to look like in R-8-M?
It must be wider than 16 feet, meet the district's minimum square footage (800 sq ft), have at least a 2:12 roof pitch with shingle, metal or similar roofing, have wood, masonry, vinyl lap or similar siding, sit on an approved foundation with axles, wheels and tongue removed, and have permanent skirting with an access opening. The zoning administrator reviews it.
What are the rules for a mobile home park?
At least 5 acres, connected to public water and sewer, each space at least 5,000 sq ft and 50 ft wide, a paved interior road, 200 sq ft of recreation area per space, screening where it borders other districts, and Planning Commission approval before building or expanding.
Can I run a business from home?
Yes, within limits. Only people who live there can work in it; it can use no more than 25% of one floor; no products on display from the street, and you can only sell what you make on site; one non-lighted sign up to 2 sq ft on the house; no exterior changes; no nuisance; passenger vehicles only. Home occupations are allowed by right in some districts and need a special exception from the board of appeals in others (see Section 5).
What kinds of home businesses are allowed?
The code lists examples like accountant, architect, insurance or real estate agent, notary, tax consultant, photographer, dressmaker, music or art teacher, and a beauty shop with one operator. Workshops for artists, craftsmen, potters, clock repair and gunsmiths are listed as fitting uses for an accessory building.
Can I teach music lessons or babysit kids at home?
Music and similar lessons are limited to two students at a time. You can keep up to six children in the home as a nursery-type home occupation. (State child care licensing rules also apply.)
Does a home business need extra parking?
The board of appeals sets the number, but it's at least two spaces beyond what the house needs, and parking on the street right-of-way is not allowed.
Does a home business approval stay with the house if I sell?
No. A special exception granted for a home occupation ends automatically when the occupancy changes and can't be transferred.
My property was used a certain way before the rules changed. Can I keep using it?
Generally yes, as a nonconforming ('grandfathered') use, but you can't expand it. If a nonconforming use of land stops for more than 6 months, or a nonconforming use of a building stops for more than 1 year, the right is lost no matter what you intended. If it's damaged 50% or more of its value, it can't be rebuilt as nonconforming.
My house is in an area no longer zoned residential. Can I replace it?
The board of appeals can approve replacing or extending an owner-occupied home in an area no longer zoned residential, if it meets the nonconforming-use rules and won't harm neighbors. This is not limited by the 50% damage rule.
This is a plain-English guide, not legal advice. The official code is on Municode and at City Hall. Our copy is from April 30, 2026.
Online: https://jamesburgessleads.com/city-code/APXAZO_S9SPPRCEUS
Official version: https://library.municode.com/GA/Ashburn/codes/Code_of_Ordinances?nodeId=APXAZO_S9SPPRCEUS
Paid for by James Burgess