(a)

The purpose of article IV is to provide design standards applicable to all development activity within the county. Article IV also provides design standards applicable in specific situations, such as development within overlay districts or development of specific uses that require additional standards to address potential impacts.

(b)

This Code section is intended to:

(1)

Protect property owners and citizens of the county from adverse environmental and economic impact, from adverse health conditions, and from noxious, toxic or other substances or uses that could affect adjoining property owners or those in close proximity.

(2)

Permit uses of land that will not have an adverse economic or environmental impact on adjoining property or property within close proximity thereto.

(3)

Protect and preserve public health, safety, convenience, order and the general welfare of the people of the county. These standards and uses are adopted to allow uses of property consistent with these propositions and to allow users to perform particular functions compatible with adjoining property and property in close proximity thereto without adversely affecting same.

(c)

Application of this Code section.

(1)

Unless modified by grant of hardship variance, these standards shall apply, in addition to the standards of this LDC, and are hereby declared to be the minimum requirements for designated uses of land and structures within the county.

(2)

No variance from these standards will be permitted unless authorized by the planning commission as provided for in article VIII of this LDC.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

(a)

Only one principal detached single-family residential building and its allowable accessory buildings shall hereafter be erected on any one lot, parcel, or tract of land in any rural zoning district or single-family residential zoning district.

(b)

No more than one single-family residence may be served by a septic tank.

(c)

Except as specifically provided in the LDC, no lot existing at the time of adoption of the LDC shall be reduced, divided, or changed so as to produce a lot or tract of land which does not comply with the minimum dimensional or area requirements of this section.

(d)

Where the owner of a lot of record at the time of the adoption of the LDC, or their successor in title thereto, does not own sufficient land to enable him or her to conform to the lot dimensional or area requirements of the LDC, shall be allowed to build upon said lot in accordance with all other regulations of the applicable zoning district and with the approval of the board of health when such lots utilize a septic tank waste water system.

(e)

Land which is required, dedicated, and accepted for public use is exempt from the requirement of section 26-4.01.01(c).

(f)

Lot width shall be measured at the building line, parallel to the street right-of-way line.

(g)

Impervious surface standards are expressed as the maximum percent of land coverage for each zoning district. The impervious surface ratio is calculated by dividing the total of all impervious surfaces on the lot by the lot area. Impervious surfaces include all buildings, structures, paving and water bodies.

(h)

All lots shall front upon a dedicated public road or a private road meeting the requirements of this LDC, with the exception that an access corridor may be used in accordance with section 26-6.02.06(a) of this LDC.

(i)

Side lot lines shall, as much as practical, be at right angles to straight street lines or radial to curved street lines and cul-de-sacs.

(j)

All lots shall conform to the provisions of the LDC.

(k)

Where individual septic tanks or other such on-site disposal facilities are to be used as a means of sewage disposal, the county health officer may require increases in the minimum lot size as necessary to conform to rules and recommendations of the state department of public health. In no case, however, shall the lot size be reduced to less than the required minimum as established in this section. Where extreme health hazards are indicated by site characteristics, the county health officer may disapprove the intended use of the lot or require special types of sewage disposal to be constructed as a prerequisite to a lot's being used.

(l)

Cul-de-sac lots or eyebrows shall have a minimum width of lot frontage of 25 feet along the street right-of-way line and a minimum lot width of 75 feet.

(m)

Access on all double frontage lots in residential subdivisions shall be restricted to the lesser used street or the street with the lowest hierarchy in the street classification system.

(n)

Commercial uses on corner lots which have frontage on interior residential subdivision streets shall have access only from the higher-level street.

(o)

The owner of lots zoned commercial, office, and institutional shall grant an access easement to each adjoining property that is zoned such for the purpose of improving connectivity between compatible uses. Access design shall be prepared by a design professional for review and approval by the planning commission in accordance with the procedures of this LDC.

(p)

Lots that are conveyed from one family member to another shall adhere to the standards of section 26-4.04.04 specific provisions for family ties land division.

(q)

Standards for lot area, width, and impervious surface coverage are set forth in Table 4-A.

Table 4-A Standards for Lot Area, Width and Impervious Surface

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 24-01, § 4, 11-12-2024)

(a)

Measures of setbacks.

(1)

Front setbacks shall be measured from the edge of the public right-of-way to the wall of the building or structure.

(2)

Side and rear setbacks shall be measured from the property line to the wall of the building or structure.

(b)

Encroachments into required setbacks.

(1)

Building features, such as steps, fire escapes, cornices, eaves, gutters, sills and chimneys may project not more than three feet beyond a required setback line, except where such projections would obstruct driveways which are used or may be used for access of service and/or emergency vehicles. An unenclosed front or side porch, portico or stoop in a residential zoning district shall be allowed not more than three feet beyond the required front yard setback.

(2)

In the case of automobile service stations and similar uses which serve the motoring public, canopies shall be allowed over a driveway or walkway within the front yard not to extend from the principal building to a point any closer than 15 feet from the street right-of-way line. Such canopies shall provide a minimum 12 feet vertical clearance.

(c)

Lots with multiple frontages. Buildings constructed on lots abutting the right-of-way of more than one street or road, regardless of whether said street or road is public or private, shall comply with the front yard setback requirements of the district on each frontage and all remaining property lines shall be considered side yards for setback purposes.

(d)

Group projects. A group project two or more commercial, industrial, educational, medical, religious, or civic buildings to be constructed on a plot of land two acres, or more, such plot not to be subdivided) may be constructed provided:

(1)

Such uses are limited to those permitted within the district in which the project is located;

(2)

The overall density of land use is no higher, and the standard of open space is no lower than that permitted in the district in which the project is located;

(3)

The distance of every building from the nearest property line shall meet the front yard setback and side yard requirements of the district in which the project is located;

(4)

The building heights do not exceed the height limits permitted in the district in which the project is located.

(e)

Maintenance of setbacks.

(1)

No open space or yard established through standards for setbacks shall be encroached upon or reduced in any manner except as allowed herein the LDC. Shrubbery, driveways, retaining walls, fences, curbs, and planted buffer strips shall not be construed to be an encroachment of yards.

(2)

No part of any required yard, open space, or off-street parking or loading space shall be considered to be part of a required yard, open space, or off-street parking or loading space for any other building or structure or use.

(f)

Exemptions.

(1)

The setback requirements of this LDC for dwellings shall not apply to any lot where the average existing building setback line on lots located wholly or in part within 100 feet on each side of such lot, within the same block and zoning district, and fronting on the same side of the street as such lot, is less than the minimum setback required. In such cases, the setback on such lots may be less than the required setback, but not less than the average of the existing setbacks on the aforementioned lots, and in no case less than ten feet from the street right-of-way.

(2)

With the exception of height limitations identified in subsection (g) below, the height limitations of this article shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy; monuments, water towers, observation towers, transmission towers, chimneys, smokestacks, conveyors, flag poles, radio towers, television towers, masts, aerials, silos, granaries, windmills, barns, and other structures concurrent to the operation of a commercial agricultural use, and similar structures.

(g)

Height limitations surrounding public or private airports.

(1)

All structures are subject to the air space control height and use restrictions surrounding airports, whether public or private.

(2)

All airports public and private airports registered with the FAA shall maintain safe and appropriate takeoff and landing pathways, and shall not be encroached upon due to the height or placement of any structure.

(3)

Any proposed structure shall not be permitted to penetrate any airspace surfaces, as defined in this section, on or near a public or private airport.

(4)

Special attention shall be given to the following airspace areas surrounding public or private airports:

a.

Approach surface. The approach surface is longitudinally centered on the extended runway centerline and extends outward and upward from the end of the runway. The approach surface extends 5,000 feet from the end of the runway at an approach slope of 20 feet horizontally for each one foot vertically (20:1). The inner edge of the approach surface (beginning at each end of the runway) is 250 feet wide, and expands uniformly to a width of 1,250 feet at a distance of 5,000 feet from the end of the runway.

b.

Transitional surface. The transitional surface extends outward and upward at right angles to the runway centerline and extends at a slope of seven feet horizontally for each one foot vertically (7:1) from the sides of the runway and approach surfaces. The transitional surfaces extend to the point at which they intercept the horizontal surface at a height of 150 feet above the established airport elevation.

c.

Horizontal surface. The horizontal surface is a horizontal plane located 150 feet above the established airport elevation and encompasses an area from the transitional surface to the conical surface. The perimeter is constructed by generating arcs of 5,000 feet in length from the center of each end of the runway surface and connecting the adjacent arcs by lines tangent to those arcs.

d.

Conical surface. The conical surface extends upward and outward from the periphery of the horizontal surface at a slope of 20 feet horizontally for every one foot vertically (20:1) for a horizontal distance of 4,000 feet. Height limitations for the surface range from 150 feet above the airport reference elevation at the inner edge of the conical surface to 350 feet at the outer edge of the conical surface.

(h)

Building setback and height standards are provided in Table 4-B.

Table 4-B Building Setback and Height Standards

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 24-01, § 5, 11-12-2024)

(a)

All manufactured housing shall be erected, tied down, underpinned and have utilities connected thereto in accordance with the rules and regulations promulgated by the office of the state fire marshal, as amended or modified from time to time. A permit for a manufactured home will be issued only if the home meets the minimum standards, as set forth in section 26-4.02.03(b) and approved by the following method:

(1)

Manufactured homes located within Burke County.

a.

Shall be inspected by the building inspector and found to meet the minimum standards in section 26-4.03.04(b). The building inspector will create a report of deficiencies prior to permitting. Major deficiencies of these standards may be required by the building official to be repaired prior to the relocation of the home. After the initial inspection, applicants requesting a permit for a manufactured home must provide the building inspector the following:

i.

Signed affidavit of condition.

ii.

Signed land owner permission letter.

iii.

Verification of current Burke County tax registration.

iv.

Current year's receipt of paid taxes (both land and home if applicable).

v.

Valid relocation certificate.

vi.

Written certification of on-site sewage disposal by county health inspector.

vii.

Guarantee of condition bond in the amount of $1,000.00 (bond may be in the form of cash, cashier's check, or money order. Personal checks will not be accepted). Bonds are refundable upon final inspection and issuance of the Certificate of Occupancy.

b.

If the manufactured home does not meet these standards according to the building inspector, power will not be approved until the standards have been met. The "guarantee of condition" bond will be forfeited if these standards are not met within 90 days issuance of the permit. A re-inspection fee will be required for any subsequent inspection.

(2)

Manufactured homes located outside of Burke County.

a.

A collection of photographs may be submitted to the building official in-lieu of inspection. The building official may require any and/or all deficiencies of the standards (noted below) to be repaired prior to the relocation of the home. After the building official has deemed the house acceptable to be relocated into Burke County, applicants requesting a permit for a manufactured home must provide the building inspector the following:

i.

Signed affidavit of condition.

ii.

Signed landowner permission letter.

iii.

Verification of current Burke County tax registration.

iv.

Current year's receipt of paid taxes (both land and home if applicable).

v.

Valid relocation certificate.

vi.

Written certification of on-site sewage disposal by county health inspector.

vii.

Guarantee of condition bond in the amount of $1,000.00 (bond may be in the form of cash, cashier's check, or money order. Personal checks will not be accepted). Bonds are refundable upon final inspection and issuance of the certificate of occupancy.

b.

If the manufactured home does not meet these standards according to the building inspector, power will not be approved until the standards have been met. The "guarantee of condition" bond will be forfeited if these standards are not met within 90 days' issuance of the permit. A re-inspection fee will be required for any subsequent inspection.

(b)

Manufactured home minimum standards:

(1)

Exterior. All components of the exterior, including siding, windows and exterior doors of the manufactured home shall be aesthetically uniform in appearance and free of any condition that may hinder operation as originally intended or might admit moisture.

(2)

Roof. The roof of the manufactured home shall be in sound condition with no obvious defects.

(3)

Interior. The flooring, interior wall and ceiling shall be in sound condition and appearance.

(4)

Egress windows. Each bedroom of a manufactured home shall have at least one operable escape window.

(5)

Ventilation. Bathrooms and kitchens without a window must have an operable ventilation device.

(6)

Smoke detectors. Each manufactured home shall contain one operable battery-powered smoke detector in each bedroom and in the kitchen area. The smoke detectors must be installed in accordance with the manufacturer's recommendations. Smoke detectors older than ten years must be replaced.

(7)

Sanitary facilities. Each manufactured home shall contain a kitchen sink. Each bathroom in the manufactured home shall contain a lavatory and water closet; at least one bathroom shall contain a tub and/or shower facilities. Each of these fixtures shall be checked when properly connected to ensure they are in good working condition.

(8)

Electrical. The distribution panels of each manufactured home shall be in compliance with the approved listing, complete with required breakers, with all unused openings covered with solid covers approved and listed for that purpose. Connections shall be checked for tightness. The electrical panels shall be accessible. All electrical switches, receptacles and fixtures shall be properly and securely installed. All GFCI devices and over current protection devices older than ten years shall be replaced.

(9)

Hot water supply. Each manufactured home shall contain a water heater in safe and working condition.

(10)

Heating source. Each manufactured home shall have a safe central heating system in working condition. Un-vented heaters shall be prohibited.

(11)

Skirting. Installation of skirting shall be required. Installation shall be in accordance with the building inspector. Acceptable materials may include masonry, stone, metal or other materials manufactured for the purpose of skirting. Vinyl is prohibited.

(12)

HUD Certification. The home must meet HUD Manufactured Home Construction and Safety Standards.

(13)

Vapor barrier. All manufactured homes shall have a minimum six mil. Polyethylene vapor barrier applied directly to 90 percent minimum of exposed earth beneath the home.

(14)

Address. The 911 physical address must be posted at the service road and on the home if there is more than one structure on the property.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

(a)

Intensive agricultural uses, which include, but are not limited to, dairy farms, hog farms, farrowing houses, poultry houses (both broilers and layers), livestock feedlots or holding lots are allowed by conditional use in the A-1 zoning district subject to the standards of the zoning district and the site design standards set forth in this section.

(b)

Accessory buildings and uses customarily incidental to intensive agricultural operation such as waste lagoons, basins or pits, stackhouses, barns, sheds, and storage structures directly related to the agricultural use are allowed by conditional use in the A-1 zoning district subject to the standards of the zoning district and the site design standards set forth in this section.

(c)

Site design standards for intensive agricultural uses are as follows:

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 24-01, § 6, 11-12-2024)

(a)

Livestock sales pavilions are permissible in the A-1 zoning district subject to the standards of the zoning district and the site design standards set forth in this section.

(b)

Site design standards for livestock sales pavilions are as follows:

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

(a)

Commercial slaughterhouses are allowed by conditional use in the A-1 zoning district subject to the standards of the zoning district and the site design standards set forth in this section.

(b)

Site design standards for commercial slaughterhouses are as follows:

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 24-01, § 7, 11-12-2024)

(a)

Wholesale and retail sales of agricultural products on property where the products were grown or produced are permissible in the A-1 district subject to the standards of the zoning district and the site design standards set forth in this section.

(b)

Site design standards for structures used for the wholesale and retail sale of agricultural products are as follows:

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

(a)

Animal containment of farm animals, including horses, for the purpose of non-intensive agricultural uses is allowed by conditional use in the A-1 zoning district subject to the standards of the zoning district and the site design standards set forth in this section.

(b)

Site design standards for animal containment are as follows:

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 24-01, § 8, 11-12-2024)

(a)

Commercial or private riding stables and academies are permissible in the A-1 zoning districts subject to the standards of the zoning district and the site design standards set forth in this section.

(b)

Site design standards for commercial or private riding stables and academies are as follows:

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

(a)

Animal care facilities, defined as animal hospitals, veterinary clinics, kennels or other animal boarding facilities, are permissible in the C-G and L-I zoning districts subject to the standards of the district.

(b)

Animal care facilities are permissible in the A-1 and C-C zoning districts subject to the standards for the districts and the site design standards of this section.

(c)

Site design standards for animal care facilities are as follows:

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

(a)

Commercial campgrounds.

(1)

Commercial campgrounds are subject to the standards of this code, the rules of the Department of Human Resources Chapter 290-5-18, Tourist Accommodations, and the plan submittal process described in this LDC.

(2)

The submittal plan pack shall include: Site layout meeting specifications of Table 4.03.08(E) prepared by a design professional, written certification from EPD accepting the well system design, written certification from the county health officer accepting the septic sewage system design, and the appropriate fee as set forth in the fee schedule. The following common use facilities shall be required to be included in the site plan:

a.

Solid waste collection area and facilities, permanently dedicated to service the development, with a minimum of one six-cubic-yard dumpster per 15 campsites;

b.

Designation for postal appurtenances/equipment;

c.

Dedicated ingress and egress for the development;

d.

Identification of third-party performing inspection to assure roads meet or exceed county road standards;

e.

Any required detention/retention facilities;

f.

Common bathhouses or community shower facilities; and

g.

Common laundry facilities, to include details concerning grey water disposal.

(3)

Plans shall be reviewed for compliance with this LDC by the building official and shall also be submitted to the planning commission for review and consideration of approval in accordance with the procedures in section 9.02.03 of this LDC.

(4)

All construction activities must comply with state licensing regulations. Any required inspections of internal rights-of-way shall be the responsibility of the owner and completed by a third party.

(5)

All occupied campsites must be subject to lease and or rental by written agreement between the owner of the development and the occupant. Such written agreement shall provide the obligations of the occupant and include the designation of an agent who may be personally contacted concerning such occupancy.

(6)

Site design standards for commercial campgrounds are as follows:

(b)

Recreational campgrounds.

(1)

Recreational campgrounds are subject to the standards of this code, the rules of the Department of Human Resources Chapter 290-5-18, Tourist Accommodations, and the plan submittal process described in this LDC.

(2)

The submittal plan pack shall include: Site layout meeting specifications of Table 4.03.08(E) prepared by a design professional, written certification from EPD accepting the well system design, written certification from the county health officer accepting the septic sewage system design, and the appropriate fee as set forth in the fee schedule. The following common use facilities shall be required to be included in the site plan:

a.

Solid waste collection area and facilities, permanently dedicated to service the development, with a minimum of one six-cubic-yard dumpster per 15 campsites;

b.

Designation for postal appurtenances/equipment;

c.

Dedicated ingress and egress for the development;

d.

Identification of third-party performing inspection to assure roads meet or exceed county road standards;

e.

Any required detention/retention facilities;

f.

Common bathhouses or community shower facilities; and

g.

Common laundry facilities, to include details concerning grey water disposal.

(3)

All construction activities must comply with state licensing regulations.

(4)

Site design standards for recreational campgrounds are as follows:

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 19-02, § 2, 4-9-2019; Ord. No. 21-06, § 4, 8-10-2021)

Editor's note— Sec. 4 of Ord. No. 21-06, adopted August 10, 2021, amended § 26-4.03.08 to incorporate recreational campgrounds. Inasmuch as § 26-4.03.09 now consists of duplicate provisions, said section has been reserved at the discretion of the editor. Prior § 26-4.03.09 derived from Ord. No. 18-01, adopted September 11, 2018.

(a)

Outdoor activity uses include but are not limited to tracks for go-carts and paintball facilities, as well as less intensive uses including but not limited to golf and country club courses, golf driving ranges, playgrounds, playfields, swimming pools, tennis courts, archery courses, miniature golf, and trampoline or other novelty areas.

(b)

Outdoor activity uses are permissible in the I-1 and I-2 zoning district subject to the standards of the district.

(c)

Outdoor activity uses are permissible in the A-1, C-C and C-G zoning districts subject to the standards of the district and the site design standards set forth in this section.

(d)

Site design standards for outdoor activity uses are as follows:

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

(a)

Outdoor amusement uses, including but not limited to motorsport racetracks or strips, amusement parks, or rifle or other gun firing range, are permissible in the A-1, I-I, and I-2 zoning districts, subject to the standards of the district, the site design standards set forth in this section, and the plan review process in article IX.

(b)

Site design standards for outdoor amusement uses are as follows:

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

(a)

Zoological parks are permissible in the A-1 zoning district subject to the standards of the district and the site design standards set forth in this section.

(b)

Site design standards for zoological parks are as follows:

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

(a)

Private primary, elementary, junior high (middle) or senior high schools, and private colleges and universities are permissible in the O-I, C-C, and C-G zoning districts, subject to the standards of the district.

(b)

Private primary, elementary, junior high (middle) or senior high schools, and private colleges and universities are permissible in the R-1, R-2, R-3 and R-4 zoning districts, subject to the standards of the district and the site design standards of this section.

(c)

Site design standards for private schools, excluding facilities for pre-Kindergarten age, are as follows:

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

(a)

Family personal care homes, as defined in state law, providing care for no more than six persons, are permissible in the A-1, R-1, R-2, O-I, C-C, and C-G zoning districts, subject to the standards of the district and the site design standards set forth in this section.

(b)

Group personal care homes, as defined in state law, providing care for no more than 15 persons, are permissible in the A-1, O-I, C-C, and C-G zoning districts, subject to the standards of the district and the site design standards of this section.

(c)

Personal care homes may not be operated in manufactured home, unless evaluated by a registered architect, brought into current code compliance.

(d)

Site design standards for group personal care homes and family personal care homes are as follows:

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

(a)

Hospitals and congregate care homes, including assisted living and independent living facilities, are permissible in the O-I, C-C and C-G zoning districts, subject to the standards of the district and the site design standards of this section.

(b)

The following are site design standards for hospitals and nursing homes:

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

(a)

Private airports are permissible in the A-1 zoning districts, subject to the standards of the zoning district and the design standards of this section.

(b)

Site design standards for private airports are as follows:

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

(a)

Funeral homes are permissible in the C-G and I-1 zoning districts, subject to the standards of the zoning district and the design standards of this section.

(b)

Site design standards for funeral homes are as follows:

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

(a)

Cemeteries are permissible in the A-1, R-1, O-1, C-C, C-G, and I-1 zoning districts, and any zoning district when an accessory use to a church or other place of worship, subject to the standards of the district and the site design standards of this section.

(b)

Any person or persons establishing a cemetery, or mausoleum or combination thereof, for the purpose of selling any grave space, lot or crypt shall do so in accordance with the Georgia Cemetery and Funeral Services Act of 2000.

(c)

Any person or persons establishing a private cemetery or mausoleum, or family burial plot shall comply with the following provisions:

(1)

The cemetery, mausoleum or burial plot shall be platted, approved by the planning commission and recorded in the office of the clerk of superior court.

(2)

All new grave sites in newly created private cemeteries shall be marked with a grave marker.

(3)

The cemetery, mausoleum or burial plot shall be named and posted on the recorded property.

(d)

Site design standards for cemeteries are as follows:

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

(a)

Junkyards are permissible in the I-1 and I-2 districts subject to the standards of the district and the site design standards of this section.

(b)

Site design standards for junkyards are as follows:

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

(a)

Industrial uses associated with nuisance features, such as odor, noise, vibration, or the use or storage of hazardous materials, in addition to extractive industrial uses and mining, are permissible in the I-2 zoning district, subject to the standards of the district and the site design standards of this section.

(b)

Site design standards for industrial uses associated with nuisance features are as follows:

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

(a)

Manufactured home parks are permissible in the R-4 zoning district, subject to the standards of the district and the provisions of this section.

(b)

Land subdivided and subsequently sold for the purpose of siting manufactured homes is not considered a manufactured home park by this section. Such subdivision of land is subject to the provisions of section 26-4.04.00.

(c)

This section does not apply to manufactured home parks in existence prior to the effective date of the ordinance from which this section derives except that all manufactured homes placed or replaced in grandfathered manufactured home parks after the effective date shall comply with all applicable provisions with the exception of the spacing and setback requirements.

(d)

In the event of expansion, enlargement or establishment of additional lots in grandfathered manufactured home parks, all of the terms and conditions of this article shall apply to the additional lots thereby created.

(e)

Individual lots within a manufactured home park shall have a minimum lot size of one-half acre each. The individual lots shall be exclusive of space required for access roads and the water supply system.

(f)

Interior roadways shall be paved and constructed in accordance with the requirements of article VI of this LDC except for the following:

(1)

Wearing surface width shall be 24 feet.

(2)

Shoulder width shall be five feet.

(3)

Total right-of-way to be determined by accommodating the storm drainage system with criteria for 25-year flood (minimum of 80 feet).

(4)

Required property for interior roadways will be exclusive of the area required to provide one-half acres for each manufactured home.

(g)

Manufactured homes shall be installed in accordance with section 26-4.02.04.

(h)

Each manufactured home or site designed to accommodate a manufactured home shall have an individual connection to a central water supply system.

(i)

Written certification must be obtained from the county health officer that the proposed location can satisfactorily accommodate the central water system and the on-site sewage disposal.

(j)

Each manufactured home within a park shall be provided with an individual electric power connection.

(k)

Manufactured homes on lots adjoining public roads shall conform to the building setback requirements of section 26-4.02.02 Table 4-B building setback and height standards. No manufactured home shall be closer to side or rear property lines than 15 feet and no closer to an adjoining manufactured home or portion thereof than 30 feet.

(l)

Persons desiring to establish a manufactured home park shall submit plans for review by the building official as follows:

(1)

The prospective manufactured home park owner should consult with the building official and the county health office to obtain advice and assistance prior to preparation of a development plan.

(2)

The owner should provide:

a.

A property plat.

b.

Sketches of the proposed layout.

c.

Soil analysis report.

(3)

Submittal should include:

a.

Two copies of a plat (drawn to scale at no less than one inch = 100 feet) drawn in enough detail to show conformance to subsections [(e) through (k)] above.

b.

A check payable to the order of the board of commissioners in appropriate amount based on a review fee of $5.00 per each lot in the proposed manufactured home lot.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

(a)

Manufactured homes are permissible in the A-1 zoning district subject to the standards of the district and section 26-4.02.03.

(b)

Manufactured housing developments are permissible in the R-4 zoning district subject to the standards of the district and section 26-4.02.22.

(c)

Manufactured homes, not including manufactured home parks, are permissible in the R-4 zoning district subject to building setback and height standards of the district, the standards of section 26-4.02.03, and the supplemental standards of this section.

(d)

The site design standards for manufactured homes, not including manufactured housing developments, are as follows:

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

Solid waste management facilities are permissible in the I-2 zoning district subject to the standards of the district and the Burke County Code of Ordinances, part II, chapter 34, article III solid waste management facilities.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

Timber operations are permissible in the A-1 zoning district subject to the standards of the district and the Burke County Code of Ordinances, part II, chapter 30, article II timber operations.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

Adult entertainment establishments are permissible in the I-1 and I-2 zoning districts subject to the standards of the district and applicable requirements of the Burke County Code of Ordinances.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

(a)

Minimum lot size. A solar farm installation shall require a minimum of five acres in the agricultural and industrial districts.

(b)

Maximum height. The design of the solar farm shall adhere to existing structural height requirements in the underlying zoning district. If the solar farm requires roof mounting on buildings on the property, the roof mounted installation may not exceed the maximum principal building height or accessory building height specified for the building type in the underlying zoning district.

(c)

Setback requirements. Fencing, solar panels and related equipment including private, or utility owned sub-stations shall be subject to the following applicable setbacks and buffer requirements: Note: Land between the buffer (existing or planted) shall remain in a natural state and shall not be maintained unless necessary to operation of the facility or safeguard the public.

(1)

With respect to adjacent rural zoning districts (without a residential structure), a minimum setback of 200 feet from abutting boundaries with a dense vegetative buffer of at least 150 feet maintained in accordance with sections 26-4.03.26.01 and 26-4-03.26.02

(2)

With respect to adjacent residential zoning districts and adjacent rural zoning districts with residential structures, a minimum setback of 300 feet from abutting boundaries with a dense vegetative buffer of at least 200 feet maintained in accordance with sections 26-4.03.26.01 and 26-4-03.26.02.

(3)

With respect to adjacent commercial, office, and institutional zoning districts, a minimum setback of 200 feet from abutting boundaries with a dense vegetative buffer of at least 150 feet maintained in accordance with sections 26-4.03.26.01 and 26-4-03.26.02.

(4)

With respect to adjacent industrial zoning districts, a minimum setback of 100 feet from abutting boundaries with a dense vegetative buffer to be determined as deemed necessary for approval of conditional use. All planted buffers shall be installed and maintained in accordance with section 26-4.03.26.01 and 26-4-03.26.02.

(5)

With respect to any right-of-way, ingress or egress easement, public road, private road or state highway, a minimum setback from the right-of-way of 200 feet from abutting boundaries with a dense vegetative buffer of at least 150 feet located along the right-of-way or property line or ingress or egress easement. The buffer shall be maintained in accordance with sections 26-4.03.26.01 and 26-4-03.26.02.

(6)

With respect to installations where equipment crosses property lines of multiple parcels, setbacks shall apply from equipment fencing to neighboring property lines not included in the solar project or right-of-ways, etc. Interior property lines of parcel boundaries shall not be required to comply with setback or buffer requirements of this article.

(d)

Solar panels shall not be placed in the vicinity of any airport in a manner that would interfere with airport flight patterns, as evidenced by the Federal Aviation Administration (FAA) Notice Criteria Tool and compliance with FAA regulations. Acknowledgement from the Federal Aviation Administration (FAA) may be necessary.

(e)

All power transmission lines from a ground mounted solar farm shall be located underground after connection from the solar panel combiners, inverters, power conversion systems, and any other apparatus or equipment to any private or utility owned sub-station.

(f)

A solar collection system shall not be used to display signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners, or similar materials, with the exception that the manufacturers' or installers' identification and appropriate warning signage shall be posted at the site in a clearly visible manner.

(g)

The design of the solar electric system shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant for a building permit and land use permit shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories (UL), IEEE, Solar Rating and Certification Corporation (SRCC), ETL, or other similar certifying organizations.

(h)

Reflection angles for solar collectors shall be oriented such that they do not direct glare toward residential structures or users on adjacent properties or towards roadways, right-of-ways, or paths of travel.

(i)

Solar energy system components shall be designed with an antireflective coating. Verification shall be provided that verifies that the components of the solar energy system have this quality.

(j)

All construction lighting shall be aimed at the immediate vicinity of the area of construction being performed and shall not cause light pollution onto any neighboring property or road right-of-way. Construction lighting shall be allowed during the time of construction and shall be terminated if there are no construction-related activities present. It shall be the responsibility of the contractor to ensure that all security lighting complies with this section including the lighting owned by the utility company.

(k)

Permanent security lighting shall be aimed downward at the immediate vicinity of the secured area and shall not cause light pollution onto any neighboring property or road right-of-way. It shall be the responsibility of the facility owner or operator to ensure that all security lighting complies with this section including lighting owned by the utility company.

(l)

The solar farm shall be constructed to comply with applicable local and state building codes.

(m)

All private or utility owned sub-stations, and similar equipment shall be located as remotely as necessary to obscure equipment from view of the right-of-way or neighboring residential properties.

(n)

Structures, permanent or temporary, for batteries or storage cells are prohibited.

(Ord. No. 24-01, § 9, 11-12-2024)

(a)

Buffers and privacy screening are intended to fully shield or obscure the view of equipment from neighboring properties or right-of-ways and to separate incompatible land uses and zoning districts from each other and are intended to eliminate or minimize potential nuisances such as dirt, litter, noise, glare of lights, signs, and unsightly structures or parking areas.

(b)

All equipment (including utility or power company owned equipment) shall be fenced and obscured from view from the road right-of-way and adjacent properties with prescribed vegetative buffers. At a minimum, fencing shall be ten-foot tall and black vinyl coated or equivalent if deemed sufficient by the planning commission. Fencing height may be reduced to seven-foot tall by the planning commission as deem appropriate. Opaque screening may be required if deemed necessary for approval of conditional use.

(c)

Buffers shall be required between uncomplimentary uses in accordance with the provisions of LDC or as required by other sections of the LDC.

(d)

Buffer landscaping shall be established and maintained by the owner, contractor, and/or lessee of the proposed development site.

(e)

On project sites lacking sufficient existing vegetation to obscure the project from view, a planted buffer shall be installed. Planted buffers should be native or comparable to this region and planted during the appropriate planting season to ensure success and growth. It is required that more than one species be incorporated in the planting for better survival rate and to vary heights of vegetation over time. This buffer may consist of the following recommended native trees: Wax Mrytle, Carolina Cherry, Eastern Red Cedar, and Loblolly Pines or equivalent native plants. Buffers shall be installed so that no tree or plant can fall within the right-of-way or path of travel or onto neighboring properties. If the soils engineering report finds that these types of native trees are not conducive to the soil conditions, suitable substitutions may be recommended to the planning commission.

(f)

Buffer planting requirements shall be maintained and guaranteed for the lifetime of the development. Necessary trimming and maintenance shall be performed to maintain the health of the plant materials, to provide an aesthetically pleasing appearance, and to ensure that the buffer serves the purpose for which it is intended.

(g)

Required buffers shall not contain any parking, structures, buildings, or portion thereof and shall not occupy any portion of an existing, dedicated, or reserved public or private street, right-of-way, or public path of travel.

(h)

Required buffer design, engineering reports, and proposed methods of complying with this Code section shall be submitted to the building official as part of the permitting process.

(i)

Buffers along neighboring property lines, public right-of-way, public or private roads, or along equipment fencing may be existing natural vegetation or planted buffers. Where natural existing vegetation is sufficiently present, developer should not remove anymore of natural vegetation than necessary for the footprint of the project. To be utilized, existing or planted buffers must fully obscure view of equipment at all times, as verified by a visual impact analysis completed by a licensed design professional with established visual impact analysis experience. For purposes of this chapter, a visual impact analysis shall be defined as a report providing detailed information regarding the present and anticipated effect the existing or planted buffer will have on obscuring site lines of the proposed development from the boundaries of the to be developed parcel(s). For purpose of this chapter, a licensed design professional shall be defined as a professional in the discipline of either architecture, engineering, or horticulture, to include arborists, dendrologists, and plant ecophysiologists, or other similar fields who holds either certification or has adequate experience, as determined by the planning commission, to render a determination regarding the effectiveness of either existing or planted buffers, or both, as to obscuring sight lines from the boundaries of the to be developed parcel(s). A resume is to be included to support the assessment.

(j)

A separate buffer and fencing plan describing existing natural vegetative buffers by width and types of vegetation, proposed installed buffers (planted or earthen berms) shall be submitted to the building official as part of the permitting process. This plan shall include locations of property lines, right-of-ways, easements, setbacks, and topographic information to ensure that the existing or proposed buffers will be sufficient to obscure view of the equipment from the road right-of-way and any property with a residential structure or any residentially zoned property. This plan shall include buffers and equipment fencing and screening locations around all above ground equipment including equipment owned by the power company. This plan shall detail size, height and plant species. It shall be the responsibility of the contractor to ensure that all equipment, including equipment owned by the power company, complies with buffering and screening requirements of this ordinance. A visual rendering of the site, existing buffers, proposed installed buffers and screening from roadway or right-of-ways and from any neighboring property with a residential structure or any residentially zoned property. The renderings should include four temporal periods: (1) existing conditions, (2) 1-year post-construction, and (3) 5-year post-construction. (4) 10-year post-construction. This rendering shall be prepared by a Georgia licensed design professional with established visual impact analysis experience. A resume is to be included to support the assessment.

(k)

Buffers shall be located along the outer perimeter of a lot, parcel, right-of-way, ingress/egress easements, private or public road and shall extend into the lot or parcel towards the development. Additional required buffers when required along the equipment fencing, shall be located along the equipment fencing and extend into the parcel or lot towards property lines or rights-of-way.

(l)

Buffer width shall be measured from the property line, right-of-way, or roadway into the parcel or lot toward equipment fencing. Average width shall be measured at the two end points of the buffer and two additional points which are each approximately one-third of the total linear distance from the end point.

(m)

Areas between buffers and equipment fencing or other required buffers shall not be maintained and shall remain in a natural vegetative state, except as is necessary for public health or safety and to the extent necessary for safe operations of the solar energy system. This requirement shall not apply to areas that are required to be maintained inside the equipment fencing.

(Ord. No. 24-01, § 9, 11-12-2024)

(a)

The following requirements shall be met for building/development permit applications:

(1)

A descriptive plot plan including zoning for neighboring parcels, setbacks, equipment layout, locations of property lines, building footprints, easements, roadways and road rights-of-way.

(2)

The buffer and fencing plan as required by subsection 26-04.03.26.01(j).

(3)

Any other relevant studies, reports, certificates, and approvals as may be reasonably requested by the building official.

(4)

A Georgia Environmental Protection division approval of stormwater management design shall be provided to ensure compliance with local BMPs, if applicable.

(5)

A Georgia Department of Natural Resources Endangered Species Act determination letter certifying clearance to proceed.

(6)

A solar farm connected to the utility grid shall provide a "proof of concept letter" from the local utility company acknowledging the solar farm will be interconnected to the utility grid in order to sell electricity to the public utility entity.

(7)

Documentation of land ownership and/or legal authority to construct on the property.

(8)

A copy of any lease agreement, operating agreement, or other written agreement obligating the owner or any other interest holder to allow or permit the installation, construction, and maintenance of solar farm equipment on the subject parcel, which shall include a contractual obligation of the lessee, operator, or other third party to cause the decommission and removal of such equipment upon the cessation of solar collection.

(9)

Signed contract and/or affidavit ensuring perpetual maintenance of vegetative buffer and landscaping during operation of the solar farm. To include an annual report to ensure compliance with the buffering standards. This report shall be submitted annually to the building official by the owner, lessee, or other registered agent.

(10)

A buffer maintenance surety bond shall be provided to ensure perpetual maintenance of planted buffers. This bond shall be in the amount of 1.25 x the budgeted amount for buffer and the maintenance of each. The Burke County Board of Commissioners shall be listed as the obligee on this bond. The bond will have an initial term of 60 months and be renewed until the solar farm is decommissioned. The renewal bonds shall be adjusted to the current regional rate inflation at the time of renewal. If the bond expires, the county building official has the right to revoke the authorization to energize and distribute power to the utility grid.

(11)

A decommissioning and restoration plan shall be provided prior to permitting. This plan should include a schedule of duties required to return the property back to its original state. This schedule of duties shall also include, and estimated cost of each activity and total estimated cost involved in the decommissioning process.

(12)

Unless decommissioning financial assurance, requirements are otherwise satisfied under applicable state law, including, but not limited to, Georgia House Bill 300, A decommissioning surety bond shall be provided to ensure proper clean up and restoration of the property if the principal or owner does not decommission and restore the property to its original state. This bond shall be in the amount of 1.25 x the estimated amount for decommissioning and restoration. The Burke County Board of Commissioners shall be listed as the obligee on this bond. The bond will have an initial term of 60 months and be renewed until the solar farm is decommissioned and restoration has been completed. The renewal bonds shall be adjusted to the current regional rate inflation at the time of renewal. If the bond expires, the county building official has the right to revoke the authorization to energize and distribute power to the utility grid.

(b)

The owner, operator, lessee, or any other third party who exercises control of the equipment shall provide notice to the building official of any changes in ownership and assignment of any obligations under any lease or operating agreement. Such notice shall include the identification of an individual representative of such part and contact information for the same, to include mailing address and telephone number and an emergency contact phone number. This information shall be posted on a reflective sign at all entrance gates.

(c)

Any subsequent or successor lease or operating agreement affecting the solar farm shall be filed with the building official within 30 days of such agreement becoming effective.

(d)

The following requirements shall be met for decommissioning:

(1)

Solar energy farms which have not been in active and continuous service for a period of one year shall be removed at the owner's and/or operator's expense.

(2)

The site shall be restored, at the owner's and/or operator's expense, to a natural condition within six months of the removal of equipment and/or within 18 months of discontinuance of use.

(Ord. No. 24-01, § 9, 11-12-2024)

(a)

The installation and design of the wind energy facility shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI).

(b)

All electrical and mechanical components of the wind energy facility shall conform to relevant and applicable local, state and national codes, including but limited to: the Building Code, as amended by Burke County, the National Electrical Code, and Federal Aviation Administration (FAA) regulations.

(c)

The visual appearance of wind energy facilities shall at a minimum:

(1)

Maintain a galvanized finish and be a non-obtrusive color such as white, off-white or gray;

(2)

Not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety; or otherwise regulates lighting,

(3)

Not display advertising (including flags, streamers or decorative items), except for identification of the turbine manufacturer, facility owner and operator.

(d)

Minimum setback requirements:

(1)

Setbacks are measured from the center of the wind turbine base to the property line, public road, or nearest point on the foundation of an occupied building. Setbacks are calculated by multiplying the required setback number by the wind turbine height. (i.e., setback (1.1) = 1.1 x ht. of turbine). For example a 100-foot turbine should be at least 110 feet away from any public road line or to the edge of a building structure on the property or adjacent property.

(2)

If a wind energy facility is sited on multiple properties, the lot size is the sum of all participating landowners.

(3)

These setbacks are designed to reduce noise and shadow flicker impacts to any previously existing occupied buildings on adjacent properties.

(e)

Noise and shadow flicker.

(1)

Audible sound from a wind energy facility shall not exceed 55 dBA at any time, as measured at the property line of a non-participating landowner. The level, however, may be exceeded during short-term events such as utility outages and/or severe windstorms.

(2)

Shadow flicker at any occupied building on a non-participating landowner's property caused by a wind turbine facility located within 2,500 feet of the occupied building existing at the time of initial operation of the facility shall not exceed 30 hours per year.

(f)

Height.

(1)

So long as the total extended height meets sound and setback requirements, there shall be no specific height limitation, except as imposed by Federal Aviation Administration regulations.

(2)

See also standards in article IV of the LDC pertaining to height limitations surrounding public or private airports.

(g)

Permit requirements.

(1)

A wind energy facility, or addition of a wind turbine to an existing wind energy facility, shall not be constructed unless a building permit has been issued to the facility owner or operator approving construction of the facility under this section. Permit application of the expansion shall be based on the total rated capacity, including existing facility but excluding like-kind replacements of equipment.

(2)

Any physical modification to an existing and permitted wind energy facility that alters the size, type or number of wind turbines or other equipment shall require a permit modification under this section.

(3)

All wind turbines shall be built in accordance with the manufacturer's specifications.

(4)

The permit application shall contain the following:

a.

A narrative describing the proposed wind energy facility, including an overview of the project;

b.

The proposed total rated capacity of the wind energy facility;

c.

The proposed number, representative types and height or range of heights of wind turbines to be constructed; including their generating capacity, dimensions and respective manufacturers, and a description of ancillary facilities;

d.

Identification and location of the properties on which the proposed wind energy facility will be located;

e.

A site plan showing the planned location of all wind turbines, property lines, setback lines, access roads and turnout locations, substation(s), electrical cabling from the wind energy facility to the substation(s), ancillary equipment, building(s), transmission and distribution lines. The site plan must also include the location of all structures and properties, demonstrating compliance of the setbacks;

f.

A narrative describing how the proposed project will address compliance with the noise and shadow flicker requirements of these standards for the life of the project. The narrative should include a statement that the wind energy facility will be maintained according to the facility manufacturer's recommendations if such recommendations exist.

g.

Certification by the property owner of compliance with applicable local, state and federal regulations, such as the Endangered Species Act (ESA), Migratory Bird Treaty Act, United States Corps of Engineers (USCOE), FAA and FCC regulations. Evidence of compliance or non-applicability shall be submitted with the application.

h.

An environmental assessment for Class III and Class IV wind energy facilities will be provided to the county in order to show that the proposed project meets any relevant federal, state and local requirements, including but not limited to those identified under subsection g. above.

(5)

The applicant shall have a third party, qualified professional conduct an analysis to identify and assess any potential impacts on the environment including wetlands, surface water and floodplain resources, wildlife and endangered species, historic or cultural sites, and adjacent agricultural uses such as rotating crops. The applicant shall take appropriate measures to minimize, eliminate or mitigate adverse impacts identified in the analysis. The assessment shall include correspondence with applicable agencies that documents consultation, applicable findings, and proposed mitigation measures. Such documentation shall include, but not be limited to, correspondence with the United States Fish and Wildlife Service (USFWS) regarding the potential presence of species of concern and associated Best Management Practices (BMPs) for site construction and operation, if applicable.

(6)

Other relevant information as may be reasonably requested by Burke County to ensure compliance with the requirements of this section, such as a topographical survey.

(7)

Decommissioning plans that describe the anticipated life of the wind power project, the estimated decommissioning costs in current dollars, the method for ensuring that funds will be available for decommissioning and restoration of site property, and the anticipated manner in which the wind power project will be decommissioned and the site restored.

(h)

Decommissioning.

(1)

The wind energy facility owner, operator and/or participating landowner shall have three months to complete decommissioning of the facility if no electricity is generated for a continuous period of 12 months.

(2)

Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, and any other associated facilities. If other uses are proposed for the decommissioned turbines, the wind facility owner, operator or participating landowner must obtain an amended permit.

(3)

Disturbed earth shall be graded and re-seeded and subject to erosion and sedimentation control state and local regulations.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

The following are site design standards for manufacturing, incidental:

(Ord. No. 21-06, § 5, 8-10-2021)

(a)

Minimum lot size. A deer processing facility shall require a minimum of five acres in the A-1 district.

(b)

Enclosed structure. All processing, including the storage of processing waste, shall take place within an enclosed structure. Said structure shall be at least 150 feet from all property lines and to the side or rear of the principal structure.

(c)

Wildlife storage permit. The deer processing facility shall have a current wildlife storage permit from the Georgia Department of Natural Resources.

(d)

Waste. All deer processing waste, not being routed to a rendering plant or other venders, shall be disposed of in compliance with the guidance document "Disposal of Deer Processing Waste" from the Georgia Department of Natural Resources and the Georgia Department of Agriculture. No facility shall allow the storage of remains and/or carcasses for a period of time greater than 72 hours.

(Ord. No. 21-06, § 6, 8-10-2021)

The following are site design standards for semi-trailer and container storage facilities:

(Ord. No. 21-06, § 7, 8-10-2021)

The following are site design standards for mulching small scale:

(Ord. No. 21-06, § 8, 8-10-2021)

The following are site design standards for mulching small scale: Allowed use in light industrial (I-1) zoned properties and as conditional use in agricultural zoned (A1) properties. Large scale mulching operations may include primary grinding and mulching of solid organic materials.

(Ord. No. 24-01, § 10, 11-12-2024)

The following are site design standards for event centers or venues: Allowed as conditional use in agricultural zoned (A1), commercially zoned (CC and CG), and industrial-light zoned (I-1) and industrial general zoned (I-2) properties. Event centers or venues must have a certificate of occupancy from local and/or state regulatory agencies prior to opening to the public. Overnight events or camping are prohibited.

(Ord. No. 24-01, § 11, 11-12-2024)

(a)

The provisions of this article shall apply to any division or redivision of a tract or parcel of land into two or more lots, parcels, building sites, or other divisions or redivisions for the purpose, whether immediate or future, of sale, lease, legacy, or building development; except the following is exempt from the platting requirements of this article:

(1)

The combination or recombination of previously platted and recorded lots, parcels or building sites or portions thereof where the total number of lots, parcels or building sites is not increased and where the resultant lots, parcels or building sites are equal to the standards prescribed in this article.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

(a)

The building official may review and approve or disapprove subdivisions containing five or less tracts provided that no new roads are created and that the divisions meet of requirements of this LDC.

(b)

The planning commission shall review and approve or disapprove all subdivision plats of six or more tracts or any subdivisions creating new roads.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

(a)

The subdivision of land creating lots abutting on private roads shall be permitted provided that:

(1)

The private roads and the rights-of-way therefore are constructed and maintained in accordance with the requirements of section 26-6.02.07(o), and fee simple title to the rights-of-way for the roads are vested in a nonprofit state corporation of which all owners of lots having a right to use the roads are required by covenants running with the land to be members (hereinafter referred to as the "owners association"). The owners association shall, by covenants running with the land recorded in the office of the clerk of the superior court, have the obligation to maintain the private roads and rights-of-way therefore in a good, safe and well-kept condition, and shall be required to levy annual assessments on lots in the subdivision to pay the cost thereof and to establish and maintain reserves for future significant repair, rebuilding, repaving and maintenance of those roads not required on an annual basis, which assessments if unpaid when due become and continue to be a lien on the lot against which they were levied until they are paid.

(2)

A subdivision of land creating lots fronting on private roads shall require approval of a preliminary plat and a final plat as set forth in this article for subdivisions using public roads, which shall be filed with the building official for processing by him and consideration by the planning commission. At the time of the filing of the plat for preliminary approval, the owner of the land shall also file all legal instruments, including, but not limited to, grants of easements, declarations of covenants and articles of incorporation and bylaws of the owners association to be reviewed by the planning commission to determine if all of the requirements of subsection (1) have been met. At the time of requesting final plat approval, a copy of the signed documents with all exhibits attached, along with a certificate of incorporation for the owners' association from the secretary of state must be furnished to the planning commission for review.

(3)

An appropriate permanent sign identifying the roads in the subdivision as private roads must be erected by the developer and maintained in good condition by the owners' association or the developer at all locations where the private roads intersect with a public road.

(4)

Subdivisions developed with the use of private roads must, except as specifically provided otherwise in this article, comply with all other requirements of this article dealing with or relating to the subdivision of land and the construction of improvements thereon.

(5)

Each deed conveying a lot or lots in a subdivision with private roads shall contain a recitation in the deed that the property being conveyed is not served by a public road or public access.

(6)

Private road subdivisions shall file in recordable form, in the office of the clerk of the superior court, covenants running with the land in perpetuity providing that the roads within such subdivision shall not be dedicated or deeded to the county unless they are improved to meet the public road requirements of this article and are accepted by the board of commissioners.

(7)

No plat of a subdivision of land utilizing private roads for ingress and egress to the lots contained in the subdivision shall be approved unless it is in full compliance with the requirements of this article or unless a variance from any such requirement is granted.

(8)

A minimum lot size of three and one-half acres shall be required for subdivisions with private roads.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

(a)

Applicability. The provisions of this section apply to land divisions in the A-1 zoning district.

(b)

Exemptions from platting requirements.

(1)

Lots created as a result of the family ties land division are exempt from the subdivision standards set forth in section 26-4.04.00 and the platting requirements set forth in article IX, provided that the lots are conveyed to a grandparent, parent, stepparent, adopted parent, sibling, child, stepchild, adopted child, or grandchild of the owner of the parcel to be divided (parent parcel).

(2)

Applications to create lots under the family ties land division process shall be processed by the building official as set forth in article IX.

(c)

Design standards for lots to be conveyed.

(1)

All lots created under the family ties land division process shall comply with all design standards for the zoning district in which the lots are located, except as specifically provided in this section.

(2)

The minimum lot area is two acres.

(3)

All lots created under the family ties land division process shall meet one of the following requirements for access:

a.

Have a minimum of 50 feet of frontage on a paved public right-of-way and meet the lot width requirements set forth in section 26-4.02.01(q) Table 4-A standards for lot area, width and impervious surface; or

b.

Provide one access driveway as follows:

i.

The access driveway easement shall be a minimum of 30 feet wide and shall be recorded as an all-purpose easement.

ii.

The access easement may serve a total of two family ties lots.

iii.

There may be only one access easement every 250 lineal feet of public road frontage.

iv.

The remainder of the parent parcel, after creation of lots under the family ties land division process, shall meet the minimum site design requirements of the zoning district in which the parent parcel is located.

(d)

Limitations on number of conveyances.

(1)

The parent parcel may be divided to create up to five lots for conveyance to family members as described in section 26-4.04.04(b).

(2)

All lots created under the family ties land division process shall have a recorded survey prior to the issuance of any building permit.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

(a)

Buffers are intended to separate incompatible land uses and zoning districts from each other and are intended to eliminate or minimize potential nuisances such as dirt, litter, noise, glare of lights, signs, and unsightly buildings or parking areas.

(b)

Buffers shall be required between uncomplimentary uses in accordance with the provisions of LDC.

(c)

Buffer planting requirements shall be guaranteed for the lifetime of the development. Necessary trimming and maintenance shall be performed to maintain the health of the plant materials, to provide an aesthetically pleasing appearance, and to ensure that the buffer serves the purpose for which it is intended.

(d)

Required buffers shall not contain any parking, structures, buildings or portion thereof.

(e)

Required buffers and proposed methods of complying with this Code section shall be submitted to the building official as part of the subdivision plat process.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

(a)

Buffers shall be located on the outer perimeter of a lot or parcel, extending to the lot or parcel boundary line.

(b)

Buffers shall not occupy any portion of an existing, dedicated, or reserved public or private street, or right-of-way.

(c)

Buffer width is normally measured from the property line; however, design variations are allowed. Average width shall be measured at the two end points of the buffer and two additional points which are each approximately one-third of the total linear distance from the end point.

(d)

Buffers shall be located on private property between the property line and any required fence or wall.

(e)

Buffers shall be maintained as green open space, consisting of sod or ground cover, along with required plantings and access drives only. However, vegetation and/or topography or other conditions existing at the site that contribute to or create an effective barrier may be used to meet buffer requirements.

(f)

Buffer landscaping and/or structural buffers (opaque fences, walls and/or earthen berms) shall be installed if existing vegetation or topography cannot provide an opaque visual height of eight feet on a continuous, year-round basis. Landscaping shall consist of a minimum eight shade trees (two-inch minimum caliper at the time of planting) and 25 shrubs per 100 linear feet. Shrubs shall be at least 18 inches in height at the time of installation. Structural buffers shall be located no closer to the property line than two feet, shall be made of rot-resistant material or protected from deterioration with waterproofing materials, shall present a finished and decorative appearance to the abutting property, and shall be no less than eight feet in height.

(g)

Buffer landscaping shall be designed to avoid or minimize plantings within drainage, utility, or other easements.

(h)

Buffer landscaping shall be designed taking into consideration the site's soils conditions, topography, and natural resources. Native vegetation shall be used for landscaping and buffering unless the applicant demonstrates that the use of non-native, drought-resistant plants would best serve the site.

(i)

Buffer landscaping shall be established and maintained by the owner of the proposed development site.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

Table 4-C Buffer Area Standards

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)