In all districts other than CBD, no more than one structure housing a permitted principal use may be erected on a single lot unless the Administrator has certified that all lot standards of the zoning district are met for each structure as though it were on an individual lot. The following uses are exempted from this requirement:

A)

Institutional buildings.

B)

Public buildings.

C)

Multiple-family dwellings.

D)

Commercial buildings.

E)

Homes for the aged.

Temporary buildings and trailers shall not be allowed in any district except when utilized for construction site contracting work. Requests to utilize a temporary building pending completion of a permanent building may be granted by the Board of Zoning Appeals for a period not to exceed one year. Utility hookups to temporary buildings must be screened from view through fencing or landscaping subject to the discretion of the Administrator. Temporary structures associated with seasonal sales at an individual lot may be approved by the Administrator once per calendar year for a period no longer than 45 consecutive days, subject to concurrence by the Fire Marshall and Public Works Director.

No dwelling unit or other permanent structure shall be moved within or into the City unless it is first approved by the Administrator who shall verify that it meets all the zoning standards of the district in which the structure will be located. The Administrator shall represent the City in all manners pertaining to the actual relocation of the structure.

In all cases the finished side shall be to the exterior.

A.

No fence or free standing wall in a required yard other than a retaining wall shall be more than eight feet in height, or be constructed within two feet of a public right-of-way. Fences located within the established front setback of residential property shall not exceed four feet in height. When this article requires a fence to be constructed, such fence shall be completed prior to occupancy of the primary use structure.

B.

A fence equipped with or having barbed wire, spikes, or similar device, or electric charge shall not contain said devices within six feet of the ground level.

C.

All swimming pools shall be enclosed by a fence having a height of not less than five feet with a self-closing, self-latching gate unless otherwise approved by the Administrator.

(Ord. of 4-8-2021(1); Ord. of 4-13-2023(3))

A.

Landscape buffer area requirements.

1)

All new development must comply with the landscape buffer requirements as provided for in this section.

2)

Buffers required by this article shall be established and maintained by the property owner and/or property/homeowner association.

3)

Buffers must be designed and developed in accordance with the requirements of the section and be perpetually maintained as passive, planted areas with trees, shrubs, flowers, grass, stone, rocks, and other landscaping materials.

4)

Clearing of a required buffer is prohibited without prior authorization of the City and may only be carried out in emergency situations as determined by the Administrator.

5)

Required buffers may not be used for buildings, parking/driving areas or contain any structure other than a fence or drainage improvement required by the City.

6)

Vehicular access through a buffer is allowed provided it is perpendicular to the buffer only and is designed to cause the least amount of intrusion possible. Bike paths and greenways are excluded from these restrictions.

7)

Buffers required in residential developments may not overlap with or be located within private residential lots but shall be delineated and maintained as common space by a property/homeowner association.

8)

On a parcel-by-parcel basis, buffer areas are not required where vehicular interconnection has been provided between adjacent, similar uses. A determination of similar uses is left to the discretion of the Administrator.

9)

A building setback may overlap a required buffer meaning that each is measured from the property line inward to the parcel. Setbacks are NOT measured from the back of the buffer line.

10)

Flexibility of standards for historic preservation.

a.

For those properties located within the boundaries of the official Ball Ground National Register Historic District that have existing, "contributing" historic structures on them, the requirements of the Landscape Buffer Chart, except for those involving density, may be given flexibility in order to save and/or protect the historic, "contributing" structure and/or lot.

b.

Staff may grant flexibility for these standards, but only after the applicant has properly and overwhelmingly demonstrated that the flexibility is necessary to protect and/or improve the historic structure and/or lot.

c.

The applicant shall provide clear documentation by a registered/certified architect, registered/certified landscape architect, registered/certified historic preservationist, registered/certified engineer stating how development standard flexibility will accomplish the historic preservation.

d.

Staff decisions can be appealed to the Board of Zoning Appeals or to the City Council.

B.

Landscape buffer chart.

•

A-Type.

o

10' depth, measured perpendicularly from the property line inward.

o

Minimum 2 canopy trees of 4" caliper and 3 understory trees of 2" caliper per 100 linear feet.

•

B-Type.

o

15' depth, measured perpendicularly from the property line inward.

o

Minimum 3 canopy trees of 4" caliper, 5 understory trees of 2" caliper and 10 shrubs per 100 linear feet.

o

For residential developments of 10 units or more, a 4' tall traditional style fence (picket, etc.) must be installed on private property that is parallel to and behind the sidewalk. Gates shall be provided for units that face the street.

•

C-Type.

o

20' depth, measured perpendicularly from the property line inward.

o

Minimum 4 canopy trees of 4" caliper, 7 understory trees of 2" caliper and 10 shrubs per 100 linear feet.

o

Full wood stockade fence along property line.

•

D-Type.

o

50' depth, measured perpendicularly from the property line inward.

o

Minimum 5 canopy trees of 4" caliper, 10 understory trees of 2" caliper and 15 shrubs per 100 linear feet.

o

Full wood stockade fence along property line.

•

E-Type.

o

100' in depth, measured perpendicularly from the property line inward.

o

Minimum 5 canopy trees of 4" caliper, 10 evergreen/conifer trees, 10 understory trees of 2" caliper and 15 shrubs per 100 linear feet.

o

Masonry pier with full wood stockade fencing at least 6' in height along property line.

•

X-Type.

o

Three, 4" caliper street trees per 100' of roadway frontage. All trees are to be in the public right-of-way between the sidewalk and back of curb.

1.

*Note: Single-family, detached buffer standards only apply to new developments of 10 or more units.

2.

**Note: For buffers against adjacent agricultural or vacant properties, the first letter is for vacant properties with an exclusive residential zoning (R40, etc.); the second letter is for all other zoning (GC, etc.).

3.

***Note: This does not include Interstate 575.

4.

Buffers are not required for properties within the Central Business District (CBD) zoning district.

5.

Buffers are not required between parcels that each utilize a shared driveway.

(Ord. of 4-13-2023(3))

Accessibility for fire equipment on hard surfaced sub base (subgrade plus an asphalt first layer or bound crushed stone) shall be maintained through all stages of construction from the time framing begins. Minimum width of private access driveways within a development, excluding parking, shall be 20 feet and the minimum turning radius shall be 35 feet. Fire hydrants and water service shall be installed to within 300 feet of units under construction before proceeding with framing.

Exterior storage yards shall be enclosed by an opaque fence not less than six feet in height (except where otherwise stated and approved by the Administrator) to provide visual screening. Such use shall not be located along an arterial roadway and is subject to the following:

A.

The regulations of the applicable zoning district.

B.

No open storage of wrecked or non-operative automobiles and trucks.

C.

No parts or waste materials shall be stored outside any building.

(Ord. of 4-13-2023(3))

Bulk sanitation containers shall not be located within a detached single-family district. They are limited to rear or side yards and must be located in such a manner as to be screened from view from the public right-of-way. No bulk container shall be located within 50 feet of a structure utilized for detached single-family residential purposes. The Administrator may provide for an exemption from this requirement when conditions cannot be met. In such cases, the property owner or tenant may submit a plan for the Administrator's approval. Such plan may include provision for an alternative container utilizing appropriate screening such as a nontransparent fence not less than 6 feet in height with a gate which will open in full to allow service.

No substandard lot of record may be developed without approval by the Board of Zoning Appeals or, if applicable, permission of the Administrator.

Residential density standards determining the number of families, individuals, dwelling units or housing structures per unit of land shall be calculated from all the land within the boundaries of the area.

(Ord. of 4-13-2023(3))

In all but single-family residential districts, height limitations stated in this article shall not apply to:

A.

Farm structures, belfries, cupolas and domes, monuments, chimneys and smokestacks;

B.

Bulkheads, elevator penthouses, water tanks and heating and air conditioning units, provided that such structures shall not cover more than 25 percent of the total roof area of the building on which such structures are located.

Corner lots which adjoin two or more public streets shall provide the required front setback along that street upon which the structure faces provided said frontage's length is at least 75% that of the longest frontage. The side setback shall be the greater of 20 feet or that required by the zoning district on all other street frontages not deemed the front setback. All corner visibility regulations shall be met.

Lots which adjoin a public street in the front and rear shall provide the minimum required front yard on each street, except where such lot adjoins a limited access facility which provides no access to the lot.

A.

An open unenclosed porch or hard surfaced terrace, steps, stoops, and similar fixtures of a building may project into a required setback no more than 10 feet.

B.

Fences, walls and hedges over 3 feet in height may not be established within 15 feet of a right-of-way intersection unless approved by the Public Works Director. In residential districts fences in front yards are restricted to 4 feet in height.

A.

No junk vehicles, as defined in this Ordinance, shall be parked or stand on any property within the corporate limits of Ball Ground unless:

1)

It shall be in a completely enclosed building; a vehicle owned by a property owner shall be placed where it is not visible from adjoining property;

2)

It shall be on property zoned LI with a land use permit for the operation of an automobile wrecking business or junk yard;

3)

It shall be on property occupied and used for the repair, remodeling or reconditioning of vehicles in accordance with other zoning regulations.

B.

Any junk yard operated or maintained within Ball Ground including automobile junk yards, shall be screened from public view by a solid wall, planted screen, or similar opaque partition which shall be no less than 6 feet in height. Such screening shall comply in all aspects with all applicable zoning regulations including setbacks.

A.

The requirements regarding lot size, building site and building placement on the lot for each zone district shall be met as indicated in the charts of this section.

B.

Flexibility of standards for historic preservation.

1)

For those properties located within the boundaries of the official Ball Ground National Register Historic District that have existing, "contributing" historic structures on them, the requirements of the Development Standards Charts, except for those involving density, may be given flexibility in order to save and/or protect the historic, "contributing" structure and/or lot.

2)

Staff may grant flexibility for these standards, but only after the applicant has properly and overwhelmingly demonstrated that the flexibility is necessary to protect and/or improve the historic structure and/or lot.

3)

The applicant shall provide clear documentation by a registered/certified architect, registered/certified landscape architect, registered/certified historic preservationist, [and a] registered/certified engineer stating how development standard flexibility will accomplish the historic preservation.

4)

Staff decisions can be appealed to the Board of Zoning Appeals or to the City Council.

C.

Residential Development Standards Chart.

1.

CC-T:

•

1st Row: Single-family, detached.

•

2nd Row: Duplexes, triplexes, quadplexes and townhomes (*lot coverage applies to development and not individual residential lots).

2.

TND:

•

1st Row: Single-family, detached.

•

2nd Row: Duplexes, triplexes, quadplexes and townhomes.

•

3rd Row: Multi-family apartment buildings.

3.

RZL:

•

The side setback must be allocated to one side.

4.

R15 and RZL:

•

The front setback may be reduced to ten feet if homes have rear entry garages.

5.

RM4, CC-C, CC-T and TND:

•

Setbacks are not required between units internal to a common development of attached housing. Setbacks shall apply to the exterior boundaries of these developments when abutting adjacent, unrelated properties and rights-of-way.

6.

TND:

•

The minimum lot size and width for an attached residential building in RM4 and TND zoning districts applies to the overall development and not an individual dwelling unit.

Note 1:

Regardless of height, no building may be taller than three stories.

Note 2:

For properties with abutting driveway access easements, building setback lines shall be measured from the edge of the easement line inward to the property; or inward from the property line; or inward from the edge of [the] roadway, whichever distance is greatest.

D.

Commercial, Industrial and Mixed Use Development Standards Chart.

*

Lot coverage applies to development and not individual residential lots.

Note 1:

For properties with abutting driveway access easements, building setback lines shall be measured from the edge of the easement line inward to the property; or inward from the property line; or inward from the edge of [the] roadway, whichever distance is greatest.

(Ord. of 4-13-2023(3))

A.

Purpose. The purpose of this section is to establish standards for vending machines, promote safe and healthy practices for vending machines, minimize adverse effects of vending machines on surrounding properties and the community, and preserve the character of historic districts and residential areas.

B.

Applicability.

1)

It shall be unlawful for any owner or any occupant of any property within the City Limits of Ball Ground to place a vending machine thereon, contrary to the procedures and regulations established in this section, other provisions of the Ball Ground Code or Ordinances, or any applicable state law.

2)

A permit shall be required to lawfully establish and maintain a vending machine. Properties receiving a permit shall comply with all applicable requirements of this section.

3)

The allowance of vending machines pursuant to this division shall not prevent private enforcement of additional private restrictions that may be contained in restrictive covenants or other private contractual agreements or arrangements. Ball Ground shall not be responsible for enforcement of such private restrictive covenants, agreements or arrangements.

4)

The term "vending machine" is defined as: any self-service device offered for public use which, either offered to the public for free or upon insertion of a coin, coins, currency or token, or by other means of exchange, dispenses unit servings of food, beverages, articles, services or other products, either in bulk or package, without the necessity of replenishing the device between each vending operation.

a)

In these regulations, the term "machine" shall be used to mean a "vending machine."

b)

Common forms of a vending machine that are subject to the rules and requirements herein may include, but are not limited to, canned drink vending machines, bulk or bagged ice vending machines, packaged snack vending machines, real estate brochure boxes, and similar.

c)

Not subject to the rules and requirements herein are the following: gasoline pumps, electric vehicle charging stations, convenience store coolers and/or cages, ATM's, non-profit or governmental uses, uses that are necessary to the primary use on the parcel, and any other, similar uses that may be deemed exempt by the administrator or designee.

C.

General requirements.

1)

Location.

a)

All machines shall only be allowed within the Ball Ground/Canton Highway corridor.

(1)

The Ball Ground/Canton Highway corridor shall be defined as that area within 200 feet, as measured by a straight-line distance, outward from the limits of the public right-of-way.

b)

All machines shall be set back a minimum of 100 feet from the property line of any parcel of land with an occupied residence.

c)

All machines shall only be allowed on a private parcel occupied by another principal building.

(1)

Such machines shall be located immediately adjacent to the other principal building as allowed by applicable building codes and ordinances.

d)

All machines shall not be allowed within the boundaries of any local historic district.

e)

All machines shall not impede pedestrian or vehicular traffic, or occupy parking spaces, drive aisles, greenspace, buffers or landscaped areas required for the principal building.

(1)

At least four feet of walkway free of obstruction to allow for pedestrian movement shall be provided around such use.

f)

All machines shall not be placed in locations that interfere with sight distance.

(1)

A sight distance diagram may be required at staff discretion to ensure that all precautions are made in the interest of pedestrian and vehicle safety.

g)

Ice vending machines.

(1)

An ice vending unit shall not be located within a 300-foot radius of an existing ice vending unit.

(2)

Only one ice vending unit shall be allowed on any single parcel.

2)

Size of machine.

a)

All machines shall occupy no more than 25 square feet of ground area per machine.

b)

All machines shall be no more than eight feet in height.

(1)

Machines more than four feet tall shall not block any window.

c)

The total width of all machines along a façade shall not be more than ten percent of the length of such façade or 15 linear feet, whichever is less.

3)

Signage.

a)

Signage on outdoor vending machines shall be limited to four square feet on each side.

b)

Official signage shall be provided in a conspicuous location on the machine.

(1)

Official signage shall include the date of the most recent health/safety inspection, results of the most recent health/safety inspection, the City's issued permit approval number, and contact information for the party responsible for the maintenance, upkeep, healthy and safety of the machine.

(2)

Official signage is no subject to sign dimension requirements as given herein.

4)

Security and safety.

a)

All machines shall be located in a well-lit location.

(1)

If site and/or building lighting is to be added, a lighting plan shall be submitted at the time of application for review and approval by City staff.

(a)

Lighting from machines or accompanying site/building lighting shall be provided in a manner that is typical to commercial lighting and not create a public nuisance by flashing, strobing or similar.

(b)

No light trespass onto adjacent parcels shall be permitted.

(c)

A lighting plan shall include the locations of lights and photometric calculations.

b)

Additional security measures such as cameras, posted notices, alarms and similar may be required at staff discretion.

(1)

Machines that experience recurrent, unaddressed security issues such as damage, theft, nuisances and/or any matters that require law enforcement attention are subject to revocation of the issued vending machine permit and/or possible citations.

c)

All relevant health and safety information, notices, scores, results, etc. must be placed on or immediately near the machine in a conspicuous location for public view.

5)

Maintenance and upkeep.

a)

All machines shall be maintained in a clean and litter-free condition.

(1)

Staff has full discretion to require the placement of trash receptacle(s) in conjunction with the approval of a vending machine permit.

(a)

Staff may also require the placement of trash receptacles after the issuance of a permit if it has been determined that the vending machine has directly contributed to litter issues in the immediate area.

b)

All machines shall be constructed and maintained with durable sunproof, waterproof and rustproof material.

c)

All machines shall be maintained in accordance with manufacturer's suggested guidelines.

6)

Development standards.

a)

A site plan shall be submitted for review at the time of application for vending machine permit.

b)

Such use shall provide a minimum of one off-street parking space, in addition to the minimum amount of required parking spaces for the principal use and other uses requiring parking on the same parcel as the proposed vending machine.

(1)

Visitors to the machine, such as customers, maintenance workers and similar, may not park vehicles in the public right-of-way, on sidewalks or any other unapproved location to access the machine.

(a)

The owner may be required to place "no parking" signage or other means to achieve compliance.

D.

Permit required.

1)

Vending machine permit required. No person shall place or erect a vending machine, as defined in this division, without first obtaining a vending machine permit pursuant to the regulations contained herein. No permit issued under this division may be transferred or assigned or used by any person other than the person to whom it is issued, or at any location other than the location for which it is issued.

2)

Application for vending machine permit.

a)

Application. An owner of a property where a vending machine is proposed shall apply for a vending machine permit to the City of Ball Ground. Any false statements or information provided in the application are grounds for denial or revocation of a permit, including the denial of future applications. The application shall be furnished on a form specified by the City, accompanied by a non-refundable permit fee as established in the City's Fee Schedule. Such application shall include and meet the following requirements:

(1)

The name, address, telephone and email address of the owner(s) of record of the property. If such owner is not a natural person, the application shall identify all partners, officers and/or directors that hold more than 20 percent ownership of the property for which a permit is sought, including contact information to include address, telephone, and email address;

(2)

The address of the property where the vending machine is to be located;

(3)

The name, address, telephone number and email address of the 24-hour local contact person;

(4)

The owner's sworn acknowledgement they have reviewed all regulations of the City pertaining to the operation of a vending machine and understand the requirements for vending machines;

(5)

The number and location of parking spaces allotted to the property to be used for the vending machine. Required parking spaces must be located on the same property as the vending machine as off-site parking not owned by the vending machine owner/operator shall not be used to meet this requirement;

(6)

The owner's agreement to use his or her best efforts to assure that use of the property and the vending machine will not disrupt the neighborhood, and will not interfere with the rights of neighboring property owners to the quiet enjoyment of their properties; and

(7)

Any other information that this division requires the owner to provide to the City as part of an application for a vending machine permit.

b)

Attached to and concurrent with submission of the application described in this section, the owner shall provide:

(1)

The vending machine owner(s)' agreement to abide by all of the requirements of this division, any other City ordinances, state and federal law and acknowledgement that his or her rights under the agreement may not be transferred or assigned to anyone else;

(2)

A site plan showing the location of the machine, distances from the Ball Ground/Canton Highway right-of-way and from property lines, adjacent residential uses, parking, and other information as required to verify that the requirements of this section have been met.

(3)

A copy of the applicant's valid and current driver's license or government ID card.

(4)

A copy of the applicant's valid and current business license, if determined to be required by the City's Business License Administrator.

(5)

Payment of all fees.

c)

Review process. The application for an initial permit shall be reviewed by the City of Ball Ground and issued or denied within seven business days.

(1)

Any approval of an application and issuance of the vending machine permit shall include a unique identification number.

(a)

The application or renewal may be denied if:

(i)

The applicant has had any other vending machine permit within the unincorporated area of the City revoked or suspended within any 12-month period;

(ii)

The property is not current on its property taxes;

(iii)

There is a history of complaints regarding the property or the owner or operator of the facility, as determined in the discretion of the director;

(iv)

The health department notifies the City of health concerns;

(v)

The county marshal's office, the county sheriff's office, Cherokee County Fire Marshal, City of Ball Ground Police Department or The City of Ball Ground Building Official notify the City of code violations on the property;

(vi)

Private agreements prevent vending machines for the property; and/or

(vii)

Any other requirement of this division is not met.

(b)

A decision to deny the permit shall be issued in writing. The denial decision may be appealed to the Ball Ground City Council by submitting a written appeal that details the grounds for the appeal to the director within 30 days of the date of the decision to deny the permit. A hearing on the appeal of the denial shall be conducted before the City Council, in accordance with the procedures set forth herein.

3)

Fees.

a)

The vending machine permit application shall be accompanied by an initial administration fee as adopted in the City of Ball Ground Fee Schedule.

b)

The vending machine permit is not transferrable and should ownership of a property change or should the machine be moved to a new location, a new permit application shall be required.

4)

Penalties.

a)

Failure to comply with the rules and requirements herein may result in the denial of an application for a vending machine permit, revocation of an issued vending machine permit and/or possible citations for applicable code violations.

(Ord. of 10-12-2023(1))