# Georgia Developer Faces Permit Challenge Over Townhomes Near Waste Facility

> A Georgia developer's 97 townhomes, 46 within 1,000 feet of a waste facility, were upheld by court as unbuilt when permit applied.
- Title: Georgia Developer Faces Permit Challenge Over Townhomes Near…
- Summary: A Georgia developer's 97 townhomes, 46 within 1,000 feet of a waste facility, were upheld by court as unbuilt when permit applied.
- Keywords: georgia, waste facility, townhomes, zoning ordinance, bartow county, conditional use permit, georgia court of appeals, norhaven partners, justia, 1000 feet, residential dwelling, zoning restrictions
- Source: Indiatimes — https://timesofindia.indiatimes.com/world/us/a-georgia-developer-planned-97-townhomes-46-of-them-within-1000-feet-of-a-proposed-waste-facility-a-november-2-court-upheld-the-facilitys-permit-because-the-homes-were-still-unbuilt-when-the-application-was-submitted/articleshow/135561518.cms
- Author: TOI World Desk
- Published: 2026-11-05T22:29:00+00:00
- Read time: 2 min
- Topics: georgia, waste facility, townhomes, zoning ordinance, bartow county, conditional use permit, georgia court of appeals, norhaven partners, justia, 1000 feet, residential dwelling, zoning restrictions
## Permit Challenge Overview
A Georgia developer planned 97 townhomes, 46 within 1,000 feet of a proposed waste facility.
## Court Ruling Details
A November 2 court upheld the facility's permit because the homes were still unbuilt when the application was submitted.
## Dispute Background
The dispute involved two neighboring properties in Bartow County, Georgia.
## Development Timeline
In January 2023, the county approved conceptual site plans for a 97-unit townhome development known as Overlook on Pettit.
## Adjacent Property Use
The neighboring property was zoned for heavy industrial use and belonged to Justin Rice.
## Rice's Permit Application
On July 2, 2024, Rice applied for a conditional use permit to expand operations to include waste handling.
## Zoning Conflict
The developer argued that 46 planned townhomes would violate the county's zoning restrictions.
## Zoning Ordinance Section
Section 9.5.6 prohibited waste handling from being within 1,000 feet of any residential dwelling at the time of permit application.
## Alternative Zoning Provision
Section 3.1 stated that 'used' or 'occupied' included land or buildings intended for future residential use.
## County Commission Decision
The county commissioner approved the permit with conditions including a berm and prohibition on waste incineration.
## Developer's Legal Challenge
On October 3, 2024, Norhaven filed a petition seeking judicial review of the county's decision.
## Trial Court Ruling
The trial court found that construction of townhomes had not begun when Rice applied for the permit.
## Appeals Court Decision
The Georgia Court of Appeals upheld the permit because undeveloped land does not qualify as a dwelling under the ordinance.
## Key Legal Reasoning
The court concluded that a residential dwelling required an actual constructed building or structure intended for living quarters.
## Outcome for Developer
The November 2 ruling left Rice's conditional use permit in place without determining future townhome impacts.
## Zoning Impact
The decision established that the 1,000-foot restriction does not apply to homes still unbuilt when the permit application was submitted.
## Key takeaway

A November 2 court upheld a waste facility's permit in Georgia because 46 of 97 planned townhomes were still unbuilt when the application was submitted.