The provisions of article V apply to accessory uses, accessory structures, and temporary uses. Home occupations are considered accessory uses to residential development. Standards for home occupations are set forth in section 26-5.02.00. Standards pertaining to accessory structures are set forth in section 26-5.03.00. Standards for temporary structures and uses are set for in section 26-5.04.00. Standards for signs, which may be either accessory structures, or the principal use on a parcel, are provided in section 26-5.05.00.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

(a)

A home occupation is permissible in a lawfully established dwelling unit in any zoning district where residential uses are permissible.

(b)

The following and similar uses shall be considered home occupations:

(1)

Office for professionals, such as attorneys, drafters, realtors, insurance agents, engineers, architects, and other consultants;

(2)

Instruction or teaching, such as, but not limited to, academic tutoring, performing arts, fine arts, or culinary arts provided that no more than two students are instructed at any one time;

(3)

Administrative or clerical support services, such as transcription, court reporters, stenographers, notary public, or addressing services;

(4)

Personal services, such as beauty or barber shop, nail technician, dress-making or tailoring, provided that the service is limited to one station;

(5)

Pet grooming;

(6)

Day care for six or fewer children;

(7)

Licensed medical practitioner (excluding veterinarians);

(8)

Manufacturers' representative; and

(9)

Studios for artists, photographers, or artisans.

(c)

An interpretation that a use not listed in section 26-5.02.01(b) is similar shall be based on the tasks and activities normally associated with the proposed use and the similarity of those tasks and activities with the tasks and activities normally associated with a listed use.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

Customary home occupations shall meet the following standards:

(a)

The occupation, profession or trade is carried on wholly within the principal building.

(b)

No merchandise or articles are displayed in such a way as to be visible from outside the dwelling.

(c)

There is no alteration of the residential character of the building or premises.

(d)

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood.

(e)

Any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.

(f)

No sign shall be erected that exceeds six square feet, is illuminated, or is closer than five feet to any road right-of-way line.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

(a)

It is the intent of this section to regulate the installation, configuration, and use of accessory structures on property in residential zoning districts with the exception of provisions for property in non-residential zoning districts that are identified herein. Regulation is necessary in order to ensure that accessory structures are compatible with the surrounding neighborhood and are consistent with the character and intent of the zoning district in which the accessory structures are located.

(b)

Permissible accessory uses and structures are identified in in article II of this LDC.

(c)

Accessory structures shall be on the same lot and subordinate to the principal use or structure.

(d)

Accessory use of open land shall comply with the following standards:

(1)

The accessory use of open land shall include recreation, water access, and similar activities, whether or not such activities are provided for compensation.

(2)

The accessory use of open land shall be prohibited except where a principal structure has been located on the parcel.

(e)

All accessory structures shall comply with the standards set forth below:

(1)

Unless otherwise provided, accessory structures shall be located only in the side or rear yards of the lot on which the principal building is located, with the exception that this limitation shall not apply to parcels designated as A-1 that are in excess of ten acres;

(2)

Accessory structures shall not be located on or within any recorded or required easement;

(3)

Accessory structures shall be included in all calculations for impervious surface ratio standards and for stormwater management standards;

(4)

Accessory structures, other than fences, shall not be located within any required buffer or landscaping area, parking lot, protected resource area, or stormwater management area;

(5)

Accessory structures located in any residential zoning district shall not be used for any type of commercial operation, except as provided in section 26-5.03.02;

(6)

Accessory structures shall not be used as a dwelling unit, except as provided in section 26-5.03.02 which sets forth standards for accessory dwellings; and

(7)

Accessory structures shall comply with the following setbacks:

a.

In all residential zoning districts accessory structures shall be a minimum of 15 feet from all property lines which do not abut a street right-of-way and shall observe the front yard setback requirements of the district along all property lines which do abut a street right-of-way, with the exception that a detached garage or carport may be allowed in a side yard and shall be required to comply with the principal building setback requirements of the district;

b.

In all non-residential zoning districts, accessory structures shall meet the setback requirements for a principal building.

(f)

An accessory building may be permitted on a separately platted lot provided that the following standards are met:

(1)

The lot on which the accessory building is proposed shall abut the lot on which the principal building is located;

(2)

The lot on which the accessory building is proposed and the lot on which the principal building is located shall have the same ownership;

(3)

The lot on which the accessory building is located shall comply with the standards for lots within the zoning district as set forth in section 26-4.02.01;

(4)

The accessory building shall be located in compliance with the setback standards for the zoning district, as set forth in section 26-4.02.02; and

(5)

The accessory building shall otherwise comply with all standards set forth in section 26-5.03.01.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 21-08, § 1, 8-10-2021)

(a)

Accessory dwellings include, but are not limited to, basement apartments, garage apartments, caretaker, tenant or other employee quarters, guesthouses, and other accessory dwellings.

(b)

Accessory dwellings shall not include tents, boats, manufactured storage buildings and mobile structures including RVs and travel trailers, with the exception that RVs and travel trailers may be allowed for occupancy in a campground or travel trailer park as permitted in the LDC.

(c)

Accessory dwellings contained within a principal dwelling shall comply with the following standards:

(1)

There shall be no more than one accessory dwelling in a principal dwelling unit;

(2)

The accessory dwelling shall be accessible from the interior of the principal building;

(3)

The accessory dwelling shall have no more than one bedroom;

(4)

The accessory dwelling shall not exceed 50 percent of the habitable floor area of the principal dwelling or 1,200 square feet, whichever is less;

(5)

One additional off-street parking space shall be provided to serve the accessory dwelling; and

(6)

The accessory dwelling shall comply with all building and health code standards.

(d)

Freestanding accessory dwellings shall comply with the following standards:

(1)

There shall be no more than one accessory dwelling unit per lot on any residentially zoned property. The dwelling shall be occupied only by family members, guests, or individuals employed full-time by the family residing in the principal building for the purposes of elderly or child care;

(2)

There shall be no more than one accessory dwelling unit per lot on any industrially zoned property. The dwelling ("caretaker dwelling") shall be occupied only by individuals employed for the purpose of providing on-site security for the business and grounds;

(3)

There shall be no more than five accessory dwelling units per lot on any agriculturally zoned property. The dwelling(s) shall be occupied only by family members, guests, or individuals employed full-time by the family residing in the principal building for the purposes of elderly or child care; or may include ("tenant dwellings") which full-time for the agricultural production of the property;

(4)

The accessory dwelling unit may be located in a second floor over a detached garage or may be a separate structure;

(5)

The accessory dwelling unit on any residentially zoned property shall have no more than two bedrooms;

(6)

The accessory dwelling shall be located only within the side or rear yards with the exception that this limitation shall not apply to parcels designated as A-1 that are in excess of ten acres;

(7)

The lot shall comply with the minimum lot area standards set forth in the standards for lot area, width and impervious surface table in article IV;

(8)

One additional off-street parking space shall be provided to serve the accessory dwelling unit.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 21-08, § 2, 8-10-2021)

Uses and activities other than the principal use of worship, which is a form of religious practice together with its creed and ritual, shall be considered accessory uses and shall be clearly ancillary to the primary use. Such uses and activities shall be limited to:

(a)

Religious instruction (such as "Sunday School," Bible school", or similar instruction or study typically associated with the religion);

(b)

Offices to support the primary use;

(c)

Child or adult day care to support the primary use, subject to state regulations and licensing requirements;

(d)

Private academic school, including nursery school or preschool, subject to the standards of section 26-4.03.14(c);

(e)

A fellowship hall, with or without a kitchen, (which may be known as a community center, activity hall, or life center);

(f)

Recreation facilities;

(g)

Individual meeting spaces;

(h)

A parsonage; no more than one parsonage may be allowed as an accessory use on the parcels used for the religious activities;

(i)

An Outdoor play or activity areas, which shall be no closer than 150 feet from any property that is zoned or used for residential purposes.

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

Outside storage used in connection with agricultural, commercial or industrial activities shall comply with the following requirements, with the exception that outside storage in the A-1 zoning district is exempt from the requirements of subsection (a) below:

(a)

Outside storage in the C-G, I-1, or I-2 zoning districts must be located in a side or rear yard and screened from all rights-of-way and residential districts that abut a permitted outside storage area.

(1)

Stored materials in the C-G, I-1, or I-2 zoning district shall be screened by a fence, hedge, durable masonry wall, or stand of trees of sufficient opacity to provide a visual blind designed to be compatible with the character of adjoining properties. Said fence or wall shall be a minimum of five feet. Hedges, trees, or comparable natural plantings shall be of a rapid growth evergreen species and be a minimum height of three feet at time of planting.

(2)

Stored materials C-G, I-1, or I-2 zoning district shall not exceed the height of the fence enclosing the outside storage area.

(b)

Stored materials shall not be stored within any required buffer area, stormwater management area, or easement.

(c)

No vehicle, trailer, industrialized building (modular), mobile home, or manufactured home shall be used as storage buildings. This requirement shall apply to all vehicles and trailers, including commercial vehicles, recreational vehicles, panel vans, tractor trailer rigs, and railroad box cars, modular classrooms, with the exception that tractor trailer rigs and trailers may be used for temporary storage on properties zoned A-1, I-1 or I-2 where there are businesses operating on the same property.

(d)

The outdoor storage of more than two inoperable vehicles at a filling station or convenience store with gasoline pumps shall be prohibited unless said vehicles are stored wholly within the building.

(e)

The outdoor storage or parking of more than two inoperable vehicles at filling stations, truck stops, or any other business or industrial use is declared to be a junkyard.

(f)

No more than two inoperable vehicles may be parked, stored, or maintained on any property which is residentially zoned.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

Dumpsters (not owned by the county) shall comply with the following requirements, with the exception that properties in the A-1 and A-2 zoning districts shall be exempt:

(a)

Dumpsters shall be screened with a solid masonry wall or opaque fence. The fence shall be a minimum of six feet in height.

(b)

A gate shall be provided for access.

(c)

Dumpsters shall be located on a paved surface of sufficient size to accommodate the dumpster.

(d)

Dumpsters for food service establishments shall provide a drain and a grease trap.

(e)

Dumpsters shall be located to the rear of the principal building. A location in the side of the principal building shall be permissible only where rear yard locations cannot provide adequate access for pick-up.

(f)

Dumpsters shall not be located within any required buffer area, stormwater management area or easement.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

Solar collection systems shall be considered an accessory use in all Zoning Districts in accordance with the following requirements:

(a)

Freestanding solar panels shall only be permitted in the rear and side yard in commercial and industrial zoning districts, and in the rear yard only of agricultural and residential zoning districts.

(b)

Freestanding solar panels located on the ground or attached to a framework located on the ground shall not exceed 20 feet in height above the ground.

(c)

Freestanding solar panels shall meet the setback requirements of the districts in which they are located, or be set back 20 feet, whichever is greater.

(d)

The total coverage of a lot by freestanding solar panels cannot exceed the greater of 50 percent lot coverage or the maximum allowable coverage for the district in which they are located.

(e)

Roof-mounted solar panels installed on a building or structure with a sloped roof shall not project vertically more than the height requirements for the district in which they are located. The panels shall not be located within three feet of any peak, eave, or valley of the roof to maintain pathways of accessibility. Combined height of the solar energy system and structure to which it is mounted may not exceed the maximum building height allowed in that zoning district for the type of structure to which it is attached.

(f)

Owners of solar collection systems located on the roof shall provide, as part of the building permit application, evidence of structural certification if the slope of the panel differs from the roof pitch. All panels on commercial roofs shall provide this information regardless of slopes, as well as any residential roof with greater than 50 percent coverage.

(g)

The manufacturers' or installers' identification and appropriate warning signage shall be posted on or near the panels in a clearly visible manner.

(h)

No solar energy system shall be installed until evidence has been presented to the building official that the electric utility company has been informed of the customer's intent to install an interconnected customer-owned generator or alternative power producing equipment. Off-grid systems shall be exempt from this requirement.

(i)

For any solar collection system installed for use by someone other than the owner of the property, an affidavit or evidence of agreement between the property owner and system owner or operator must be provided to the county to confirm the facility owner or operator has permission of the property owner to install and utilize the solar collection system.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

(a)

Class I wind energy facilities, as defined in this LDC, are allowed as an accessory use in all zoning districts in accordance with the requirements set forth in article IV of this LDC.

(b)

Class II wind energy facilities, as defined in this LDC, are allowed as an accessory use in the A-1, I-1 and I-2 zoning districts in accordance with the requirements set forth in article IV.

(c)

Class III and Class IV wind energy facilities, as defined in this LDC, are allowed as an accessory use in the A-1 zoning district in accordance with the requirements set forth in article IV.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

A temporary building or use in connection with a construction project shall be permitted during the construction period. The following standards shall be met by temporary uses established during construction:

(a)

A building permit shall be required.

(b)

Temporary offices may be located on a construction site to be used for administrative functions during construction, sales functions or sales offices allowing for the sale, resale, or marketing of dwellings, structures, or property within the development in which it is located, or adjacent developments under the same control.

(c)

The proposed construction building shall meet tie-down requirements for mobile structures, and have a contract for sewage pump-out if approved by the Department of Natural Resources, Environmental Protection Division. Construction buildings, equipment, machinery, and materials shall be removed within 30 days of completion of the construction site for which they are permitted.

(d)

On-site outdoor storage of equipment and construction materials shall be allowed during the period of construction.

(e)

Portable toilet facilities shall be provided.

(f)

Construction and demolition debris dumpsters are allowable and are not required to be screened.

(g)

On-site temporary use of structures and equipment for the building of roads, public utilities, and government projects shall be allowed.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

Editor's note— Ord. No. 18-01, §§ 1, 2, adopted September 11, 2018, set out two sections numbered as § 26-5.05.01. To maintain sequential numbering within this chapter, this section has been renumbered as 26-5.04.01, at the discretion of the editor.

(a)

The purpose of this section is to promote the public health, safety and welfare through a comprehensive system of reasonable, effective, consistent, content-neutral, and nondiscriminatory sign standards and requirements.

(b)

No sign shall be placed or maintained on any property, building or other structure within the county except in conformity with this LDC.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

(a)

No sign shall be erected or maintained whereby reason of its position, working, illumination, size, shape or color it may obstruct, impair, obscure or interfere with the view of or be confused with any authorized traffic control sign, signal or device.

(b)

No sign shall be located within any road right-of-way.

(c)

Flashing or intermittently illuminated signs shall be located not closer than 200 feet to any residential dwelling or closer than 50 feet of the right-of-way line of any public road. All such signs must be approved by the building official, must not conflict with any traffic control device, nor interfere with vehicular traffic.

(d)

No freestanding sign, excluding billboards, shall be erected to exceed 30 feet above the ground level.

(e)

The bottom coping of a freestanding sign shall be at least three feet above the ground or roadway level.

(f)

Freestanding signs, with the exception of billboards, may be installed within the required front yard setbacks. No portion of the sign shall overhang any public right-of-way.

(g)

In addition to all other requirements of this section, the following standards shall apply to billboards:

(1)

Billboards shall be erected or placed in conformity with the side, front and rear building setback requirements of the zoning district in which the sign is proposed to be located. In addition, the billboard must be set back a distance that is no less than the measurement of the height of the billboard including to the right-of-way.

(2)

The maximum size of the sign face shall be 14 feet by 48 feet.

(3)

The minimum height of the billboard to the bottom edge of the sign face shall by 24 feet and the maximum height of the billboard to the top edge of the sign face shall be 50 feet.

(4)

There shall be a minimum of 5,000 feet spacing between billboards on the same side of the road.

(5)

In the case of a conflict between the Georgia Outdoor Advertising Act (if applicable) and the county's regulations, the billboard must comply with the most restrictive requirements with respect to each and every item of regulation.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

(a)

Required permits.

(1)

Billboards.

a.

Placement of a billboard shall require a sign permit from the department of planning, permits and inspection.

b.

Applications for a billboard must include sealed construction plans and a site plan showing the proposed sign location and all right-of-way and property lines indicated on the plan.

(2)

Other signs.

a.

Signs greater than 48 square feet in size shall require a sign permit.

b.

Any sign, regardless of size, that requires an electrical permit shall also require a sign permit.

c.

Signs that are 48 square feet or less and that do not require an electrical permit shall not require a sign permit; however, such signs must comply with the setback and placement requirements of this section and the zoning district in which the sign is proposed to be located.

(b)

Inspections.

(1)

All signs for which a permit is required by this section are subject to inspection by the building official.

(2)

For freestanding signs and billboards, a footing inspection is required before any concrete is poured.

(3)

For any sign using illumination, an electrical inspection is required.

(c)

Issuance of permit if application in order.

(1)

It shall be the responsibility of the building official, upon receipt of a completed application for a sign permit and any required fees, to examine such plans and specifications and other data and, if the proposed structure is in compliance with the requirements of this section and all other applicable provisions of this LDC to issue a sign permit evidencing the applicant's compliance therewith, within 30 working days from date of filing for a sign permit for a permanent sign.

(2)

Sign permits shall be issued in the name of the property owner upon which the sign is to be located.

(3)

Issuance of the permit shall in no way prevent the building official from later declaring said sign to be nonconforming if the permit is obtained based on false information submitted by the applicant.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

(a)

The sign and sign structure shall be maintained in good repair, structurally sound, with proper anchorage capable of supporting the imposed loads, so as not to pose a threat to the public health, safety or welfare. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.

(b)

When a sign or sign structure is found to be in need of maintenance, the building official shall issue a notice of violation to the property owner, which shall describe the maintenance issue, and provide a reasonable amount of time to repair the violation.

(c)

If, after receiving the notice of violation, the property owner fails to remedy the maintenance issue within the time provided, it shall be a violation of this LDC, subject to citation.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

(a)

Placement limitations. The tract of land on which a wireless telecommunications tower or antenna is proposed to placed shall be sufficient in size to have a lineal dimension from the base of the tower or antennas, or any structure on which the tower or antennae are located, to all property lines equal to or greater than the height of the tower or antenna.

(b)

Height limitations surrounding public or private airports.

(1)

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

(2)

All 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 wireless telecommunication facility.

(3)

Any proposed communications tower or antennae shall not be permitted to penetrate any airspace surface, as defined in this Code, of a public or private airport. Airport surfaces are listed as follows:

a.

Approach surface.

b.

Transitional surface.

c.

Horizontal surface.

d.

Conical surface.

(c)

Application requirements. The applicant for any wireless telecommunications facility or tower must file with the building official on an application accompanied by the following documents, if applicable. If any of these materials represents proprietary information, the applicant must so designate those materials. Proprietary information will not be disclosed.

(1)

Specifications. One copy of typical specifications for proposed structures and antenna, including description of design characteristics and material.

(2)

Site plan. A site plan drawn to scale showing property boundaries, existing structures, tower location, tower height, guy wires and anchors, and existing land uses and structures on adjacent property.

(3)

Antenna capacity/wind load. A report from a structural engineer registered in Georgia showing the tower antenna capacity by type and number, and a certification that the tower is designed to withstand winds in accordance with ANSI/EIA/TIA 222 (latest revision) standards.

(4)

Antenna owners. Identification of the owners of all antenna and equipment to be located at the site as of the date of the application.

(5)

Owner authorization. Written authorization from the site owner for the applications.

(6)

FCC license. Copy of valid FCC license for the proposed activity, or proof that the applicant is the winning bidder for an FCC license at auction and that the final issuance of the FCC license purchased at auction is pending.

(7)

Safety codes. Applicant must show that all applicable health, nuisance, fire and safety codes are met.

(8)

Airport location. Applicant must show that the proposed facility is not located in any airspace surface as defined in this section.

(d)

Action on application.

(1)

An application for a proposed collocation or modification to an existing wireless facility or tower (a "modification" is defined as a proposal to: increase the overall height or width of the wireless support structure to which the wireless facilities are to be attached; increase the dimensions of the equipment compound initially approved by Burke County; or, exceed the applicable weight limits for the wireless support structure, as demonstrated by a letter from a structural engineer licensed to practice in this state) shall be reviewed by the building official within the following timeframe:

a.

Within 90 calendar days of the date an application for modification or collocation of wireless facilities is filed with the building official, unless another date is specified in a written agreement between the building official and the applicant, the building official shall:

i.

Make his or her final decision to approve or disapprove the application; and

ii.

Advise the applicant in writing of his or her final decision.

b.

Within 30 calendar days of the date an application for modification or collocation is filed with the county, the building official shall determine if it is a complete application and, if he or she determines the application is not a complete application, notify the applicant in writing of any information required to complete such application.

c.

To the extent additional information is required to complete the application, the time required by the applicant to provide such information shall not be counted toward the 90 calendar day review period set forth in subsection (1) of this Code section.

(2)

Application for a new wireless telecommunications tower. A proposed new wireless telecommunications tower shall be reviewed by the zoning official within the following timeframe:

a.

Within 150 calendar days of the date an application for a new wireless support structure is filed with the building official, unless another date is specified in a written agreement between the building official and the applicant, the building official shall:

i.

Make his or her final decision to approve or disapprove the application; and

ii.

Advise the applicant in writing of his or her final decision.

b.

Within 30 calendar days of the date an application for a new wireless support structure is filed with the county, the building official shall determine if it is a complete application and, if he or she determines the application is not a complete application, notify the applicant in writing of any information required to complete such application.

c.

To the extent additional information is required to complete the application, the time required by the applicant to provide such information shall not be counted toward the calendar day review period set forth in subsection (2) of this Code section.

(3)

Written decision. Any decision by the building official to deny a request to place, construct, or modify personal wireless service facilities or towers shall be in writing and supported by substantial evidence, contained in a written record, or reasons therefor reduced to writing.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)