Within the districts permitting townhouses, the following requirements shall apply:

120.1.

No more than ten nor fewer than three continuous townhouses shall be built in a row with approximately the same front line.

120.2.

No side yard is required except that on corner and interior lots. The end of the building in any townhouse grouping shall conform to the side yard requirements of that district.

120.3.

Not more than 40 percent of the lot area shall be occupied by the building.

120.4.

Insofar as practicable, off-street parking facilities shall be grouped in bays, either adjacent to streets or in the interior of blocks; and no off-street parking space shall be more than 100 feet by most direct pedestrian route, from a door of the dwelling unit it intends to serve.

120.5.

All townhouse complexes shall be required to tie into the public sanitary sewer system. No other means of waste disposal shall be permitted.

120.6.

All other requirements within the district in which the townhouses are located shall prevail.

121.1.

Accessory buildings. The location of accessory buildings and uses in residential districts must meet the following requirements:

121.1.1.

Where an accessory building is attached to the main building, a substantial part of one wall of the accessory building shall be an integral part of the main building, or such accessory building shall be attached to the main building in a substantial manner by a roof, and therefore such requirements applicable to the main building.

121.1.2.

A detached accessory building shall be not closer than 20 feet to the main building, nor closer than five feet to any lot line, provided that accessory buildings on corner lots adjacent to public rights-of-way shall meet the setback requirements for corner lots in section A-91.

121.1.3.

A detached accessory building, not more than two stories in height, may be constructed on not more than 30 percent of the rear yard.

121.1.4.

No detached accessory buildings may be located on the front yard of a lot.

121.2.

Temporary buildings. Temporary buildings used in conjunction with construction work only may be permitted in any district and shall be removed immediately upon completion of construction.

Fallout shelters are permissible as principal or accessory uses and structures in any district, subject to the following conditions:

122.1.

If any portion of the structure extends above the ground, that portion above must comply with the yard and lot coverage regulations of the district in which it is located, and the site plan for such shelter must be approved by the Building Inspector.

122.2.

If the structure is completely underground, it needs to comply with yard requirements or percentage of lot coverage requirements.

122.3.

A fallout shelter, underground or above ground, shall be confined to a side or rear yard and shall not be located in the front yard between the main building and the street on which it fronts.

122.4.

Fallout shelters may contain or be contained in other structures or may be constructed separately.

123.1.

Intent. Regulations for home occupations are intended to provide categories of use, such that permitted home occupations can be better matched to the character of the zoning district in which they are allowed. The term "home occupation" is understood to mean all categories of home occupations, both home offices and residential businesses.

(1)

Home occupations shall be subject to the conditions set forth below. The applicant for approval to conduct a home occupation shall bear the burden of providing conclusive evidence to the Planning and Zoning Commission that these conditions have been met. The Planning and Zoning Commission may modify the conditions listed below to be more restrictive, or place additional conditions, which are more restrictive than those listed below on any approval, granted the applicant.

(2)

If the home occupation is approved, the applicant is responsible for the operation of the said home occupation in conformance with these conditions. The applicant shall submit a written description of the proposed home occupation demonstrating that it will comply with each of the conditions applicable for the specific type of occupation.

(3)

The business must be owned by the owner of the property on which the home occupation is located, or the business owner must have written approval of the owner of the property if the applicant is a tenant.

(4)

The home occupation and dwelling unit shall comply with all applicable building and fire codes.

(5)

No more than one home occupation is allowed in a residence at one time.

123.2.

Home office. A home office is an office, business or profession conducted entirely within a dwelling which is carried on by an occupant thereof, and which is clearly incidental and secondary to the use of the dwelling for residential dwelling purposes, and which fully complies with the following standards:

(1)

A home office may be maintained for a business conducted away from the home, as long as the home office complies with all other requirements of this section.

(2)

Home offices shall not include the repair and/or maintenance of motor vehicles, large-scale manufacturing or any use which may endanger the health, safety or welfare of the neighborhood.

(3)

No use that creates noise, dust, vibration, odor, smoke, glare, or electrical interference that would be detectable beyond the dwelling unit is permitted.

(4)

The home office shall not allow customers or clients to come to the premises.

(5)

Home offices shall be limited to no more than 25 percent of the total heated floor area of the residence.

(6)

There will be no changes which would alter the character of the dwelling or reveal from the exterior that the dwelling is being use in part for other than residential purposes.

(7)

No outside storage or display is permitted.

(8)

No one, other than family members who reside on the premises, may be employed in the office.

(9)

One business vehicle used exclusively by the resident is permitted. The vehicle shall be no larger in size than a pick-up truck, panel truck or van and is limited in size to 1½-ton carrying capacity.

(10)

[Any pickups from and deliveries to the site in regard to the business shall be restricted to vehicles having no more than two axles and shall be restricted] to no more than two pickups or deliveries per day.

(11)

No signs shall be placed on the premises in conjunction with the home office.

123.3

Residential business. Residential businesses are small offices or small-scale retail or service businesses which are clearly incidental and secondary to the use of the dwelling for residential dwelling purposes, and which fully comply with the following standards:

(1)

Residential businesses may include, but are not limited to, beauty shops, barbershops, professional offices and minor repair shops.

(2)

Residential businesses shall not include the repair and/or maintenance of motor vehicles, large-scale manufacturing or any use which will create noise, noxious odors, or any hazard that may endanger the health, safety or welfare of the neighborhood.

(3)

The residential business shall not involve group instruction or group assembly of people on the premises.

(4)

The business or profession must be conducted entirely within the dwelling.

(5)

The dwelling must be the bona fide residence of the principal practitioner at the time of the application and, if approved, the residential business shall be valid only as long as the principal practitioner resides in the dwelling, is conducting business and has a current business certificate.

(6)

Residential businesses shall be limited to no more than 35 percent of the total heated floor area of the residence.

(7)

There will be no changes which would alter the character of the dwelling or reveal from the exterior that the dwelling is being used in part for other that residential purposes.

(8)

The portion of the residence in which the business is conducted shall be completely enclosed in a manner that the business is not visible from the surrounding property.

(9)

No outside storage is allowed.

(10)

The City Council may place any reasonable conditions on the application deemed necessary to ensure the orderly operation of the proposed business and its compatibility with the surrounding properties.

(11)

Property on which the residential business is proposed must have frontage on a public road.

(12)

Parking for customers/clients must be provided on site as stipulated in section A-72 of this ordinance. The location of the parking shall be approved by the City Council.

(13)

Days and hours of operation requiring access by the public, customers and/or clients shall be Monday through Saturday, between the hours of 7:00 a.m. and 9:00 p.m.

(14)

The principal practitioner shall be permitted to park one commercial vehicle in the approved parking area. The commercial vehicle is limited to a passenger car, van or light truck of up to 1½-ton carrying capacity.

(15)

Any utility trailer needed for the orderly operation of the business must be specifically requested and approved by the City Council. The request must include the proposed use and size of the trailer.

(16)

One business sign shall be permitted provided the sign is not larger than two square feet in area.

Within the districts permitting automobile service stations, the following requirements shall apply:

124.1.

Location. The property on which an automobile service station is located shall not be within 100 feet of any residential district, or any property containing a school, public playground, church, hospital, public library, institution for children or dependents.

124.2.

Site requirements. An automobile service station shall have a minimum frontage on the primary street of 120 feet and a minimum area of 12,000 square feet. All buildings shall be set back 40 feet from all street right-of-way lines, and all canopies shall be set back 15 feet from all street right-of-way lines same as above.

124.3.

Access to site. Vehicular entrances or exits at an automobile service station:

124.3.1.

Shall not be provided with more than two curb cuts for the first 120 feet of street frontage or fraction thereof.

124.3.2.

Shall contain an access width along the curb line of the street of not more than 40 feet as measured parallel to the street at its narrowest point and shall not be located closer than 20 feet to a street intersection or closer than ten feet to the adjoining property.

124.3.3.

Shall not have any two driveways or curb cuts any closer than 20 feet at both the right-of-way line and the curb or edge of the pavement along a single street.

124.4.

Gasoline pump islands. All gasoline pump islands shall be set back at least 15 feet from the right-of-way line, or where a future widening line has been established, the setback line shall be measured from such line; and where pump islands are constructed perpendicular to the right-of-way line, the pump island shall be located not less than 30 feet back of the right-of-way line; however, the pumps shall be at least 60 feet from the centerline of an arterial street, 55 feet from the centerline of a collector street and 45 feet from the centerline of other streets.

124.5.

Off-street parking. A minimum of two off-street parking spaces required with an additional off-street parking space for each lubrication and wash bay.

124.6.

Other site improvements. In addition to the above requirements, the following additional site improvements shall be adhered to:

124.6.1.

A raised curb of at least six inches in height shall be erected along the street property lines, except for driveway openings.

124.6.2.

A solid fence or wall six feet in height shall be erected along all adjacent property lines facing any adjacent residential lot.

124.6.3.

Exterior lighting shall be arranged so that it is deflected away from adjacent properties.

124.6.4.

Signs, whether permanent or temporary, shall not be placed within the public right-of-way and shall not obstruct visibility for drivers or pedestrians.

124.6.5.

All driveways, parking storage, and service areas shall be paved and curbed and a good stand of grass shall be maintained on the remainder of the lot.

124.7.

Storage of flammable products. Outside above-ground tanks for the storage of gasoline, liquified petroleum gas, oil or other flammable liquids or gases shall be prohibited at any automobile service station in all zoning districts.

124.8.

Signs. The following regulations shall apply to automobile service station signs:

124.8.1.

All requirements of section A-125 shall apply unless noted in section 124.8.2 below.

124.8.2.

All types of signs shall be permitted under the gas pump island canopy provided they do not constitute a public nuisance or safety hazard. For gas pump island canopies attached to the main building, the above signs are allowed to point midway between the gas pumps and the main building wall. These signs do not count against the sign area requirements listed in section A-125.

124.9.

All service stations in existence at the time this ordinance is passed shall be exempt from the requirements of section A-124 and all subsections.

125.1.

Intent. This section shall govern the location, size, setback and height of signs in each of the use districts established in this ordinance to ensure safe construction, light, air, and open space, to reduce hazards at intersections, to prevent the accumulation of trash, and to protect property values of the entire community.

125.2.

General provisions.

125.2.1.

Any applicant for a sign permit, or owner or permittee of a sign herein regulated shall be bound by all provisions and restrictions governing said signs as contained in the Buena Vista Zoning Ordinance.

125.2.2.

No sign or sign structure shall be erected without a building permit (see section 41.1), except that no permit shall be required for those signs exempted from permit requirements pursuant to section 125.5.

125.2.3.

All signs shall be subject to the same side yard and height limitations imposed upon other buildings and structures in the use district

[MISSING PAGE]

Editor's note— The ordinance provided to the publisher was missing a page and could not be recovered.

(7)

Any sign which obstructs free ingress to, or egress from a required door, window, fire escape or other required exit way.

(8)

Signs which make use of words such as "STOP," "LOOK," "DANGER," or similar words, phrases, symbols or characters in such a manner as to imitate traffic signs or to imply the need or requirement of stopping or the existence of danger.

(9)

Any sign or other advertising structure containing any obscene, indecent or immoral matter.

(10)

Any sign unlawfully installed, erected, or maintained.

(11)

Any sign now or hereinafter existing which no longer advertises a bona fide business, campaign or service or product sold.

125.2.8.

No portion of any pylon or overhanging sign, except official street or highway markers which shall adhere to the applicable state and local laws shall be less than ten feet above the level of a sidewalk or other pedestrian thoroughfare, nor shall [it] be less than 16 feet above the level of a public driveway, alley or street.

125.2.9.

For the purpose of computing sign area for multiple frontage lots, only the portion of the lot having the longest frontage shall be used in determining allowable sign area.

125.2.10.

All signs must adhere to the provisions of the building code of the City of Buena Vista, including all revisions and amendments thereto.

125.2.11.

Height of a sign shall be considered to be the vertical distance between the highest part of the sign structure, whichever is higher, and the average grade of the surrounding property.

125.3.

Maintenance and removal of signs.

125.3.1.

Any sign or sign structure now or hereafter existing, which is abandoned or no longer advertises a bona fide business or a product sold, shall be taken down and removed by the owner, agent, or person having beneficial use of the building, structure, or land upon which such sign shall be found, within 30 days after written notification by the Zoning Enforcement Officer. Failure to remove such sign on notification shall be a violation of this ordinance. A sign shall be deemed to have been abandoned if it is located on property which becomes vacant and occupied for a period of three months or more or if it pertains to a time, event or purpose which no longer applies. Permanent signs applicable to a business temporarily suspended because of a change of ownership or management shall not be deemed abandoned unless the property remains vacant for a period of six months or more.

125.3.2.

All signs shall be maintained so as to present a neat, clean appearance. Painted areas shall be kept in good condition and illumination, if provided, shall be maintained in good working order.

125.3.3.

Any legally established nonconforming sign or sign structure shall be permitted without alteration in size or location, provided that the requirements of section A-71 of this ordinance are adhered to and provided that nothing herein shall prevent maintenance, repairing, or posting of legally established nonconforming signs.

125.3.4.

In the event of the destruction, partial or complete, of a sign or bulletin, the owner thereof shall have the right to reconstruct, rebuild, renovate, or repair the sign substantially to the same condition as before the destruction, provided said sign is located within a zoning district which allows said type of sign.

[125.4.

Reserved.]

125.5.

Signs exempt from permit requirements. No permit shall be required for the construction, erection or location of the following signs:

125.5.1.

Real estate signs advertising the sale, rental, or lease of the land or building upon which signs are located, provided:

(1)

In residential districts, there shall be no sign in excess of eight square feet and no more than three such signs on any single lot;

(2)

In commercial districts, there shall be no sign in excess of 32 square feet, and no more than three such signs on any single lot; and

(3)

In industrial districts, there shall be no sign in excess of 90 square feet, and no more than three such signs on any single lot.

125.5.2.

Professional name plates not exceeding two square feet in area, such signs to be non-illuminated and attached to the building.

125.5.3.

One sign or bulletin board indicating the name of the institution, church, or other place of worship or civic association not exceeding 20 square feet in area on premises of public or semi-public institutions.

125.5.4.

Signs located on the premises relating to active construction projects.

125.5.5.

Memorial signs or tablets, including names of buildings and date of erection when cut into masonry, bronze, or other materials.

125.5.6.

Traffic or other municipal or public signs or notices posted or erected by or at the direction of a governmental agency.

125.5.7.

Customary signs, in conjunction with residential usage, including mailbox lettering, names of residents, house numbers, and other similar usage.

125.5.8.

One subdivision identification sign at the main entrance or entrances to the subdivision and within the subdivision, provided they shall not be illuminated, shall be so designed to be in the public interest and shall make no reference to the sale or lease of the lots or houses located within said identified subdivision. Any additional signage within the subdivision shall be considered a special exception.

125.5.9.

Non-advertising directional signs or symbols ("entrance," "exit," "no trespassing," etc.) located on and pertaining to a parcel of private property, none to exceed four square feet in area, or a directional sign for churches provided that such sign shall not exceed four square feet and shall be within one mile of said church.

125.5.10.

Official flags, emblems, or insignia of the United States, the State of Georgia, other countries and states, or religious groups, civic organizations or nonprofit service clubs not advertising a product or service.

125.5.11.

Seasonal displays and decorations not advertising a product, service or entertainment.

125.5.12.

Banners, posters and displays advertising special events for municipal, county or state functions or events sponsored by the Chamber of Commerce. Such signs shall not violate any provisions of section 125.2.7 unless otherwise provided for under this subsection. All signs requested under this subsection shall be made through the Zoning Enforcement Officer who shall review the request to ensure that all applicable provisions of the ordinance have been adhered to prior to giving approval. If a request involves placing a banner or other sign on public right-of-way, including over any publicly owned street, then it shall be forwarded to the City Manager for City and/or State Department of Transportation approval where applicable. All such signs shall not be displayed more than 30 days prior to an event and must be removed within 72 hours after said event, and shall not be displayed for more than 30 days.

125.5.13.

Decorative banners sponsored by a governmental agency or area chamber of commerce, provided that such signs shall not violate any provisions of section 125.2.7 unless otherwise provided for under this subsection. All signs requested under this subsection shall be made through the Zoning Enforcement Officer who shall review the request to ensure that all applicable provisions of the ordinance have been adhered to prior to giving approval. If a request involves placing a decorative banner or other sign on public right-of-way, including over any publicly owned street, then [Department of] Transportation approval [is required,] where applicable.

125.5.14.

Outdoor display price signs, where permitted, provided such sign shall not exceed one square foot.

125.6.

Signs as permitted uses. The following signs are permitted uses in the following specified zoning districts:

125.6.1.

All residential districts. Within the R-1, R-2, R-3, and R-MH residential districts, the following signs are permitted:

(1)

One sign for each subdivision relating to the sale of property within such subdivision, provided that such sign shall be within said subdivision, shall not exceed 32 square feet per sign area, shall not be illuminated, and shall be maintained at subdivider's expense. Failure to remove these signs will be a violation of this ordinance.

(2)

One sign for identifying multifamily dwellings of more than four units provided that such sign shall be located only on the premises of the multifamily dwellings, shall not exceed nine square feet in area, shall indicate nothing other than the name and/or address of the premises and the name of the management, and may have indirect illumination.

125.6.2.

Highway Commercial (C-1) District. Within the Highway Commercial (C-1) District, the following signs are permitted:

(1)

Business sign or signs having a maximum aggregate area not to exceed four square feet for each lineal foot of building or lot frontage, provided that no sign shall project more than five feet beyond the face of the building, and two freestanding signs shall be permitted per business. One of the freestanding signs shall not exceed 25 feet in height. Individual businesses in a shopping center complex are not permitted to erect a freestanding sign except as described in section 125.6.2.(2) below.

(2)

[Shopping centers shall be allowed one shopping center identification sign per road frontage. The signs shall have a maximum aggregate area not to exceed one square foot for each lineal foot of total lot frontage. The only freestanding signs permitted at shopping centers shall be shopping center identification signs. When a freestanding business sign located on a shopping center property advertising a business within the shopping center exists on or before the effective date of these regulations and such sign would not be erected under the provisions of these regulations, said sign shall be deemed to be nonconforming. A nonconforming freestanding business sign on a shopping center property may be continued] for a period of two years following the effective date of these regulations, provided that:

(a)

The sign shall be maintained in good condition;

(b)

The nonconforming sign shall not be structurally altered except in conformance with the provisions of these regulations; and

(c)

The nonconforming sign shall not be re-established after damage exceeding 50 percent of the current replacement cost.

After such period, the owner of said sign shall bring the sign into conformance with these regulations or shall remove the sign.

(3)

Temporary signs to be used for announcing special events or occasions of public interest, or grand openings or other special events relating to the premises on which the sign is to be located.

(4)

Portable signs pursuant to the provisions of section 125.9.

(5)

One square foot price signs shall be permitted on outdoor displays provided that the merchandise is within ten feet of the building or inside a fence or enclosure.

125.6.3.

General Commercial District (C-2). Within the C-2 General Commercial District, the following signs are permitted:

(1)

Business sign or signs having a maximum aggregate area not to exceed three square feet for each lineal foot of building or lot frontage, provided that no sign shall project more than three feet beyond the face of the building, and only two freestanding signs shall be permitted per business. However, one of the freestanding signs shall not exceed 20 feet in height. Individual businesses in a shopping center complex are not permitted to erect a freestanding sign except as described in section 125.6.3(2) below.

(2)

Shopping centers shall be allowed one shopping center identification sign per road frontage. The signs shall have a maximum aggregate area not to exceed one square foot for each lineal foot of total lot frontage. The only freestanding signs permitted at shopping centers shall be shopping center identification signs. When a freestanding business sign located on a shopping center property advertising a business within the shopping center exists on or before the effective date of these regulations and such sign would not be erected under the provisions of these regulations, said sign shall be deemed to be nonconforming. A nonconforming freestanding business sign on a shopping center property may be continued for a period of two years following the effective date of these regulations, provided that:

(a)

The sign shall be maintained in good condition;

(b)

The nonconforming sign shall not be structurally altered except in conformance with the provisions of these regulations; and

(c)

The nonconforming sign shall not be re-established after damage exceeding 50 percent of the current replacement cost.

After such period, the owner of said sign shall bring the sign into conformance with these regulations or shall remove the sign.

(3)

Temporary signs to be used for announcing special events or occasions of public interest, or grand openings or other special events relating to the premises on which the sign is to be located.

(4)

Portable signs pursuant to the provisions of section 125.9.

(5)

One square foot price signs shall be permitted on outdoor displays provided that the merchandise is within ten feet of the building or inside a fence or enclosure.

125.6.4.

Central Business District (C-3). The following signs are permitted within a C-3 Central Business District:

(1)

Business sign or signs having a maximum aggregate area not to exceed two square feet for each lineal foot of building or lot frontage, provided that no sign shall project more than two feet beyond the face of the building;

(2)

Only one freestanding sign shall be permitted per business;

(3)

Temporary signs to be used for announcing special events or occasions for public interest, or grand openings or other special events relating to the premises on which the sign is to be located.

125.6.5.

Light [and heavy] industrial districts. Within the I-1 Light Industrial and I-2 Heavy Industrial Districts, the following signs are permitted:

(1)

Business sign or signs having a maximum aggregate area not to exceed three square feet for each lineal foot of building or lot frontage, provided that no sign shall project more than five feet beyond the face of the building, and only one pylon sign shall be permitted per business.

(2)

One freestanding sign having a maximum area of one square foot for each lineal foot of lot frontage for the identification of the shopping center, in addition to the sign area requirements for each individual business in the shopping center as permitted in section 125.6.5(1).

(3)

Temporary signs to be used for announcing special events or occasions of public interest, or grand openings or other special events relating to the premises on which the sign is to be located.

(4)

Portable signs pursuant to the provisions of section 125.9.

125.7.

Signs as special exception. Within the Highway Commercial (C-1), General Commercial (C-2), Light Industrial (I-1), and Heavy Industrial (I-2) Districts only along arterial and collector streets and the interstate highway system, outdoor advertising signs may be permitted as special exception pursuant to the provisions of section 125.8. Any special exception request which is granted shall automatically expire 12 months from the date of approval if the person, firm, or corporation to which the special exception application was issued has not clearly demonstrated that the application is being exercised for the purpose for which it was issued.

125.8.

Special requirements for outdoor advertising signs. When, after review of an application for erection or construction of an outdoor advertising sign, the Commission finds that the proposed sign complies with the minimum requirements set out below and that the construction or erection of the proposed sign is in the public interest, the Commission may approve the application.

125.8.1.

General requirements.

(1)

The outermost vertical projection of an outdoor advertising sign shall be set back a minimum of ten feet from the established right-of-way lines of streets or highways.

Such projection shall not be located any closer than 20 feet to any structure or building.

(2)

Multiple stack signs shall be prohibited.

(3)

V-shaped signs are allowed provided that the horizontal distance of the outermost portion of the sign face does not exceed 20 feet on the wide angle side.

(4)

Maximum sign area shall not exceed 600 square feet.

(5)

No outdoor advertising sign shall be located within a 1,500-foot radius to another outdoor advertising sign.

(6)

Maximum height shall not exceed 50 feet above street grade except signs constructed along the interstate highway system shall be erected at such height as the Commission may determine.

(7)

No outdoor advertising sign shall be located within 1,500 feet of the property line of public schools, cemeteries, public parks, playgrounds or recreation areas, scenic areas or public buildings used primarily as places of public assembly.

(8)

No outdoor advertising structure shall be located within 500 feet of any property line of a residential district on the same right-of-way.

(9)

No outdoor advertising structure shall be located within 500 feet of any property line of a residential district used for residential purposes.

(10)

The amount of existing signage in the area of a proposed outdoor advertising sign may be a determinative factor in the Commission's decision.

125.8.2.

Application requirements for outdoor advertising signs. Applications for special exceptions for construction or erection of outdoor advertising signs shall contain the following information:

(1)

Name, address and telephone number of the sign erector and the sign owner;

(2)

A sketch showing the dimensions of the proposed outdoor advertising sign and the position of the sign in relation to nearby buildings or structures and to nearby streets, along with a photograph of the proposed sign location;

(3)

Plans and specifications and structural details of construction on the ground shall be furnished. A single submission may be permitted for standardized signs. All signs must conform to the standards of the building code and other codes that may be applicable;

(4)

Any electrical permit required for electrical hookup for a sign must be obtained; and

(5)

A permit fee shall be due with each application for a permit.

(6)

The Zoning Enforcement Officer shall require a Georgia Department of Transportation permit on any sign located on a state route prior to issuing a permit.

125.8.3.

Discontinuance. A nonconforming outdoor advertising sign which became such after the adoption of this ordinance and which has been discontinued for any reason for a continuous period of one year, shall not be re-established. In the event that any nonconforming outdoor advertising sign is to be replaced within the 12-month limitation, it must be constructed in the same location and otherwise shall be in conformity with the provisions of this ordinance.

125.9.

Special requirements governing the location and use of portable signs. Portable signs are considered special-purpose signs which, because of their manner of construction, design and use, create unique problems of safety, regulation and enforcement. The use of portable signs shall be governed by the criteria set out in this section.

125.9.1.

Conditions of use.

(1)

A portable sign must advertise or convey information concerning the premises upon which the sign is located. However, a portable sign used for the purpose of conveying information concerning events or occasions of public interest or for purposes of political advertisement shall be exempt from the provisions of this subsection.

(2)

Except as provided in 125.9.1(3) below, a business may utilize a portable sign for purposes of commercial advertising for 90-day periods, provided that each such use must be separated by a 30-day interval.

(3)

A portable sign may not be used by any business for the purpose of commercial advertising where the use of such sign will exceed the maximum allowable sign area requirements for that business except:

(a)

Where the business is newly opened or has undergone a change of ownership within 45 days of the date of the application for the permit; or

(b)

Where the portable sign is used to advertise a special event or occasion relating to such business, provided that such uses shall not exceed periods of 90 days separated by at least a 30-day interval.

(4)

Except for those signs which convey knowledge or ideas non-commercial in nature, or which are utilized by political candidates, no person, firm, business, or organization may utilize simultaneously more than one portable sign.

(5)

A portable sign may not advertise or convey information about more than one business activity.

125.9.2.

Location requirements. The location and use of portable signs shall be in accordance with the requirements set forth below.

(1)

A 50-foot interval shall be maintained between portable signs.

(2)

No portable signs shall be placed within the interior portion of a shopping center. For the purposes of this section, the interior portion of a shopping center is defined as the space within the existing building lines of the building or structures in the shopping center.

(3)

Portable signs shall not be located closer than ten feet to the inside curb line of the street on which the premises abuts or, in the event the street abutting the premises has no curb, within ten feet from the edge of the pavement. In no event shall a portable sign be located within the street right-of-way.

125.9.3.

Structural requirements.

(1)

Any sign involving electrical components shall comply with the pertinent requirements of the Georgia Mandatory Building Code.

(2)

Unsafe signs are prohibited.

(3)

Signs involving electrical connections and requiring use of an extension cord or other type of electrical wire for purposes of connecting the sign to an electrical outlet shall not be located, maintained or constructed so as to require more than 100 feet of such electrical wiring. Minimum requirements for all extension cords that cross any driveway surface in conjunction with portable signs shall be 12-gauge, three conductor wire with strength types of SJ or so designated as identified in Article 400-4 of the 1978 National Electrical Code. Any provision of the ordinances of the City of Buena Vista setting forth requirements for length of wire, wire size and gauge shall supersede this provision. Portable signs which require artificial lighting shall be illuminated only with white lights, none of which shall have a maximum wattage in excess of 50 watts per bulb. Floodlights, flashing, rotating or intermittent moving lights are prohibited. Regardless of the wattage of the individual bulbs used, the total illumination of the individual sign shall not create a traffic hazard.

(4)

No portable sign shall exceed 72 square feet of display or sign area for each face of the sign.

(5)

Signs shall be constructed and placed on location in such a manner that they cannot be readily moved. Recognizing that many portable signs are the property of businesses engaged in the business of renting such signs, it shall be the responsibility of both the business renting the sign and the occupier, owner or lessor of the premises on which a sign is located, to ensure that the sign is maintained in conformity with these regulations.

125.9.4.

Application procedures. All applications for portable sign permits shall be submitted to the Zoning Enforcement Officer on such forms as may be prescribed. At a minimum, an application shall be accompanied by an acceptable site plan with such reasonable information shown thereon as may be required by the Zoning Enforcement Officer. Such site plan shall include the following: lot dimensions, location of all structures, street names, street right-of-way lines, the distance from all street curbs or pavement edges to the portable sign, the distance from all side yard property lines to the portable sign, pedestrian walkways, vehicle driveways, and the distance to the nearest portable sign.

125.9.5.

Inspection of portable signs. Prior to issuance of a permit for a portable illuminated sign, the applicant must demonstrate to the Zoning Enforcement Officer that such sign meets all code requirements of the City of Buena Vista.

125.9.6.

The Zoning Enforcement Officer shall submit the application for a sign along with all accompanying documents to the City Council, who shall either approve or deny such request. The City Council may place such conditions as it deems necessary for the approval of such application.

125.10.

Temporary political signs. The provisions of the laws of the State of Georgia concerning campaign posters as set out in Official Code of Georgia Annotated 21-2-3 shall be enforced in the City, and the municipal court shall act as a committal court for violations thereof.

Within the districts permitting cemeteries, the following requirements shall apply:

126.1.

The site proposed for a cemetery shall not interfere with the development of a system of collector streets in the vicinity of such a site. In addition, such site shall have direct access to a thoroughfare.

126.2.

Any new cemetery shall be located on a site containing not less than 20 acres.

126.3.

All structures shall be set back no less than 25 feet from any property line or street right-of-way line.

126.4.

All graves or burial lots shall be set back not less than 25 feet from any property line or minor street right-of-way lines, and not less than 50 feet from any collector, arterial, expressway, or freeway right-of-way lines.

126.5.

The entire cemetery property shall be landscaped and maintained.

Satellite dish antennas shall be permitted in any district subject to the following requirements:

127.1.

In residential and commercial districts, the satellite dish antenna shall be located in the rear yard and [be] subject to the same setbacks governing accessory buildings for that district. Satellite dish antennas must meet applicable building setback requirements for the district in which said dish antenna is to be located.

127.2.

In commercial and industrial districts, the satellite dish antenna must be located in the rear yard or on the roof of the main building; provided said dish antenna does not exceed Federal Aviation Administration height limitations for the district in which said dish antenna is to be located.

127.3.

No more than one satellite dish antenna shall be allowed per lot.

127.4.

In residential districts, the satellite dish antenna shall not exceed 20 feet in height. In commercial and industrial districts, a ground-based satellite dish antenna shall not exceed 20 feet in height.

Bed and breakfast inns shall be permitted by special exception provided the following requirements are met:

128.1.

The proposed use of the property will not adversely affect the immediate neighborhood.

128.2.

The proposed use of the property will not create noise, light or traffic conditions detrimental to the neighboring residents.

128.3.

No exterior alterations, other than those necessary to assure the safety of the structure, shall be made to the dwelling for the purpose of providing a bed and breakfast inn.

128.4.

Meals, other than breakfast, may be served by the resident owner to paying guests.

128.5.

The resident owner shall keep a current guest register including names, addresses and dates of occupancy of all guests.

128.6.

The resident owner shall comply with all business license and revenue collection ordinances of the City of Buena Vista and the State of Georgia.

128.7.

The building shall comply with all requirements for dwellings included in the building code.

128.8.

The resident owner shall provide one off-street parking space for every guest room.

128.9.

The principal use of any such structure or structures shall be residential.

128.10.

Any business sign shall be attached to the building or be freestanding up to five feet in height and shall not be larger than two square feet in sign area.

128.11.

All bed & breakfast inns which were in operation prior to the enactment of this ordinance or were operated at a specific location any time within the previous ten years shall be exempt from the requirements of section A-128 & following sections under A-128.