It is intended that all buildings hereafter erected, reconstructed, altered, enlarged, moved, or maintained, as well as any existing building, and the underlying land, shall be used only for the purpose permitted in the zone in which such building or land is located, and then only after applying for and securing all permits and licenses required. If for any reason any use is omitted from the list of those specified as permissible in each of the various districts designated in this ordinance, or if ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this ordinance, a person may file a request for inclusion of a particular use within a particular district, or for an interpretation, if any ambiguity arises with the zoning enforcement officer. It shall be the duty of the planning and zoning commission to ascertain all pertinent facts concerning such use(s), and by officially recorded resolution set forth its findings and reasons for designating a specific classification for such use(s). Such resolution of findings and reasons shall be referred to the city council, and if approved by the city council, such designated classifications shall thereafter govern. Any nonconforming use in existence at the time of the adoption of this amended zoning ordinance, or otherwise, shall not survive the adoption hereof. Any use which is not permitted may apply to the planning and zoning committee (and ultimately the city council) for approval of the non-permitted use. For all other uses which are similar or compatible to the uses in the respective sections and/or zoning designations, and which are not specifically prohibited, a determination shall be made by the city council, after review by and recommendation of the planning and zoning board and/or the zoning enforcement officer.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

Any proposed building shall be considered as to its suitability of design and type of construction in relation to the district and to the immediate neighborhood site, and if such design or construction is so markedly incongruous with the character of that neighborhood as to be detrimental to the value of adjacent or nearby properties, then the zoning enforcement official shall refuse the application. Any single-family dwelling which is allowed in a zoning district shall not be less than 1,000 square feet of heated space. Any building which is currently nonconforming (and is grandfathered), shall not be replaced in a nonconforming manner once said building is torn down or modified and/or remodeled to the extent of 25 percent of the floor area in square feet.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

No lot owner shall grade his lot in such a manner as to interfere with the natural drainage of adjoining lots, or to divert the drainage of his lot onto adjoining lots, nor to interfere with the natural drainage of any lot so that the drainage of such lot is diverted upon any public street or thoroughfare in such a manner, or in such amounts, as to flood a public street(s) or thoroughfare(s).

Every lot which is used for a building site shall be so graded that it will be dry and free from standing water, and the grade around the walls of every new building, at the point where the sill meets these walls, shall slope away from such walls into adequate means of drainage as may be approved by the city engineer at the request of the zoning enforcement officer.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

Commercial structures proposed to be constructed within the City of Byron which exceed 15,000 square feet in gross floor area, even though they meet all other requirements set forth in this ordinance, or any other ordinance, must receive separate approval of the city council after the proposed plans have been reviewed by, and recommendations received from, the planning and zoning commission, and the zoning enforcement official (either separately or in a joint communication). The planning and zoning commission, and the zoning enforcement official, shall review the proposed plans to ensure that adequate provisions are made for traffic circulation, fire protection, sewage disposal, and, in general, the health and safety of the city's residents. The planning and zoning commission, and/or the zoning enforcement official, may recommend to the city council to impose certain restrictions or conditions prior to its approval and the granting of a building permit.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

No building or structure shall hereafter be erected, moved, or altered which does not comply with the following height requirements:

(1)

Purpose. The purpose of these provisions is to prevent the construction of objects which, because of their height, illumination or reflectivity, electrical emissions, and/or air emissions, represent an obstruction or safety hazard to air traffic operating in and out of Robins Air Force Base.

(2)

Definitions. The following definitions shall be used to interpret the requirements of this section:

a.

Conical surface. This inclined surface extends outward and upward from the outer periphery of the inner horizontal surface for a horizontal distance of 7,000 feet. The slope of the conical surface is 20:1 (one foot change in elevation for each 20 feet in distance from the starting point), with an inner elevation of 150 feet above the established airfield elevation and an outer elevation of 500 feet above the established airfield elevation.

b.

Established airfield elevation. The altitude, measured in feet above mean sea level (MSL), of the Robins Air Force Base main runway surface. This elevation is hereby declared to be 295 feet MSL.

c.

Height. The true highest altitude of a structure or natural feature (including trees, protruding rocks, or natural ground surface) as measured in feet above mean sea level.

d.

Inner horizontal surface. This surface is a plane, oval in shape, that extends 7,500 feet from the RAFB airfield runway centerline at a height of 150 feet above the established airfield elevation.

e.

Obstruction. Any structure or natural feature (including trees, protruding rocks, or natural ground surface) which exceeds the height limitation defined by the outer horizontal surface established for Robins Air Force Base.

f.

Outer horizontal surface. This surface is a horizontal plane that begins at the outer edge of the conical surface and extends for 30,000 feet at a height of 500 feet above the established airfield elevation.

g.

Structure. Any stationary or mobile object constructed or installed by man, including, without limitation, buildings, towers, cranes, smokestacks, earth formations, and overhead transmission lines.

(3)

Application. These regulations shall apply to all lands within the City of Byron that are overlaid by the outer horizontal surface established for Robins Air Force Base. The boundaries of these surfaces are shown on the City of Byron, Robins Air Force Base Environs, Protected Height Surfaces Map which by this reference is incorporated herein and which map is kept on file in the office of the zoning enforcement officer. All development activity within these areas shall comply with the performance standards in subsection (4) of this section in addition to the requirements of the underlying zoning district. Where conflicting standards and requirements exist, the more stringent standards and requirements shall apply.

(4)

Performance standards. All development within the areas governed by these height requirements shall comply with the following performance standards:

a.

Height limitation. No structure shall be built which, by virtue of its finished height, would constitute an obstruction within the meaning of these regulations. Where the development or redevelopment of land within the areas affected by these regulations will involve substantial grading and/or site preparation, the zoning enforcement officer may require the applicant to remove any existing obstructions (either natural or manmade) on the site as a condition of development plan approval.

b.

Use restrictions. No use may be made of land or water located within the RAFB approach-departure surfaces that would:

1.

Create or result in electrical interference with navigational signals or radio communication between Robins Air Force Base and aircraft operating within the affected areas;

2.

Produce or reflect light in a sufficient intensity or manner that would make it difficult for pilots to distinguish between airport lights and other light sources, result in glare in the eyes of pilots using the base airport, or otherwise impair visibility in the vicinity of the base. All proposed light sources that could conflict with this requirement (except structure lighting required under FAR part 77) shall be properly shielded or directed away from a pilot's field of vision;

3.

Emit smoke or particulate matter which, in sufficient quantities or concentrations, would impair pilot visibility in the vicinity of the base or clog aircraft engines; or

4.

Attract large flocks of birds, which would constitute a hazard to air navigation in the vicinity of the base. No solid waste disposal facility or landfill may be sited within the areas affected by these regulations.

(5)

Review procedures. The standard zoning compliance process for the City of Byron shall apply to the areas affected by these regulations. However, any applicant proposing to construct a structure that is located within the Robins Air Force Base outer horizontal surface and that would exceed 200 feet in height as measured from its tallest point to the finished ground level shall comply with the following review procedures, in addition to the normal zoning compliance process.

a.

FAA review. The applicant shall submit a copy of the application for FAA review under FAR Part 77, if applicable. A copy of the FAR Part 77 review transmittal letter and application shall be submitted to the planning and zoning commission to document compliance with this requirement. The planning and zoning commission may condition any approval upon FAA approval under FAR Part 77 review.

b.

Robins Air Force Base Civil Engineers Office review. The City of Byron shall provide a copy of an application for building and zoning compliance within the affected areas, including the development plan and a copy of the FAR Part 77 review transmittal letter and application as required, to the staff of the Middle Georgia Regional Development Center (MGRDC), within five business days of submittal by applicant. The staff of the MGRDC will forward such information to the Robins Air Force Base Civil Engineers Office and any other affected parties for review. The MGRDC will review all comments and provide written recommendations to the zoning enforcement officer and to the planning and zoning commission within ten business days of receipt. The planning and zoning commission may condition any approval upon Robins Air Force Base recommendations.

(6)

Submission requirements. An applicant shall submit a preliminary plan in accordance with the applicable requirements of these regulations for any development application that satisfies the special review requirements in subsection (5) of this section. The zoning enforcement officer may require the applicant to submit any or all of the items specified below if the additional information is necessary to ensure compliance with the performance standards in subsection (4) of this section.

a.

Imaginary surface boundaries. The applicant may be required to delineate on the preliminary plan the boundaries of any primary surface, clear zone surface, approach-departure clearance surfaces, inner horizontal surface, or transitional surfaces, if the location of the aforementioned surface boundaries with respect to the proposed development site or proposed structure locations is in question. All maps prepared to show the location of these boundaries shall be drawn to a scale designated by the zoning enforcement officer.

b.

Location of structures. The applicant may be required to delineate the placement of all existing and proposed buildings and structures, including any existing or proposed tree stands.

c.

Specification of uses. The applicant may be required to specify the proposed uses to occur within each structure or activity area on the development site.

d.

Surface elevation benchmarks. The applicant may be required to show the surface elevation of all structures (above mean sea level) and the maximum height in feet of any structure. For residential subdivisions, the zoning enforcement officer may require the applicant to show surface elevations for the property in five-foot contours with sufficient benchmarks to verify contour elevations.

e.

Narrative description. The applicant may be required to prepare a narrative describing the location of the site, its total acreage, existing character, and use; the concept of the proposed development or use, such as proposed residential density; and the relation of the proposed development plan to the comprehensive plan.

(7)

Variances. Any applicant wishing to erect a new structure, increase the height of an existing structure, permit the growth of any tree, or commit the property to a use that is not in compliance with the regulations prescribed in these regulations may apply to the zoning review board for a variance. The application for variance must be submitted in the form and manner specified in these regulations, and it must be accompanied by a written determination from the Federal Aviation Administration and the Robins Air Force Base Civil Engineer's Office stating that the proposed structure will not be located within a normal aircraft flight track, that the requested height variance will not be excessive, and that all appropriate measures will be taken by the applicant to prevent any negative impacts on safe navigation within the protected airspace surrounding Robins Air Force Base. Such variances shall be issued only where it is duly determined that a literal application or enforcement of these regulations will result in unnecessary hardship, and the relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit and intent of these regulations. In addition, the zoning review board may solicit the testimony of a qualified professional, at the expense of the applicant, to evaluate the proposed development plans and issue any professional findings or opinions that would assist the board in reaching a decision regarding the variance request. The selection of a qualified professional shall be done by the zoning review board.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

Every building hereafter erected or moved shall be on a lot adjacent to a public street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, other emergency vehicles, and required off-street parking.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

Any building moved into or relocated to a new site within the city shall comply with all applicable City of Byron ordinances.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

No detached accessory use or structure shall be permitted in the required front yard, or the required side yards of the front half of the lot depth. On double frontage lots (i.e., through lots), or corner lots, no detached accessory structures shall be permitted in the required yards fronting the streets.

When an accessory building is attached to a principal structure by a breezeway, roofed passage, or otherwise connected to the principal structure, the accessory structure shall comply with the dimensional requirements of the principal building.

Accessory structures for the housing of persons, such as guesthouses and garage apartments, shall not be located in any of the required yard areas of the principal residence. Other accessory structures shall not be built closer than five feet from any rear or side property line in the rear half of the lot depth.

No separate accessory building or structure shall be located within ten feet of any other accessory building or structure.

The elevation of the highest point of any accessory building shall not exceed the elevation of the highest point of the main building.

The combined total ground area covered by the primary residential structure and all accessory buildings on a given lot shall not exceed 35 percent of the lot area in R-1 districts, 40 percent in R-2 districts, 55 percent of the lot area in R-3 districts. These percentages shall apply to townhouses.

No guesthouse or garage apartment shall be constructed upon a lot for occupancy before the completion of the main building(s). This shall not prohibit the erection of other accessory buildings prior to the construction of the principal building when the accessory buildings are neither constructed nor used for dwelling purposes.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

The regular or constant parking of commercial vehicles, which description shall include trucks and other vehicles, having a rated capacity of three-quarters ton or more, truck tractors having an overall length of more than 12 feet, or the storing, keeping, or maintenance of any machinery, equipment, building materials, or other material(s) is permitted only within specified districts. In addition to the above, there may be no parking of tractor trailers, semis trucks, or any combination thereof in zoning districts R-1, R-2, R-3, R-PUD, R-MH, C-2 and C-3. Please refer to the definition of commercial vehicles in the zoning section for 1-1.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

Parking of commercial and motor vehicles on sidewalks, roads, and yards is strictly prohibited. See also appendix Z-I, section 13.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

Boats, travel trailers, and recreational vehicles may be parked or stored entirely within a carport, garage, or other enclosed structure within a residential district. Where a partially or entirely enclosed storage structure does not exist on the residential lot, the vehicle may be parked on the rearmost portion of the lot away from streetside frontage. Boats, travel trailers, and recreational vehicles shall not be parked in a private driveway, or in the front or side yards of a residential lot for more than a period of 30 consecutive days. Under no circumstances shall any boat, travel trailer, or recreational vehicle be slept in or otherwise used for lodging or habitation purposes while parked or stored within a residential district.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

(a)

"Front of lot." For corner lots, the side having the least street frontage shall be considered the "front" for setback purposes.

(b)

Corner lot (other than reverse). In the case of corner lots which do not have reversed frontage, the side yard toward the street shall be 15 feet or greater in depth. Accessory buildings and pools located in the rear yard of such a corner lot shall be set back 15 feet or more from the street right-of-way line.

(c)

Reverse corner lots. When the rear lot line of a corner lot is common with the sideline of an adjoining interior lot, the minimum rear setback for the corner lot shall be 20 feet, or a distance at least equal to the depth of the front yard setback of the abutting interior lot (measured from the street right-of-way line along the common property line). Accessory buildings and pools located in the required rear setback area of a reverse corner lot shall be set back from the street right-of-way a distance equal to the front yard depth of the adjoining interior lot. The minimum side yard setback shall be 15 feet on the remaining street side of a reverse corner lot.

(d)

Through lots. In the case of "through lots," setbacks on all street frontages shall be at least the distance required for front yard setbacks in the particular residential district in which it is located. Where one of the front yards that would normally be required on a through lot is not in keeping with the prevailing yard pattern, the zoning enforcement official may waive the requirement for the normal front yard setback and substitute a special yard requirement which shall not exceed the average of the yards provided on adjacent lots.

(e)

Lots of unusual shape. For corner lots of unusual shape, not forming part of a general rectangular lot pattern, the zoning enforcement official shall prescribe front and side yard setbacks on a case-by-case basis, subject to the following limitations:

(1)

No front yard shall be required to have a greater depth than is required generally within the district.

(2)

No side yard shall be required to have a greater width than the depth required generally for front yards within the same district; except the zoning enforcement officer may reduce side yards by one-half foot for each additional foot of front yard setback, but in no case shall the reduction be less than one-half of the required side yards for existing nonconforming lots of record.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

Requests for permits for the construction of walls, or erection of fences, must be accompanied by a site plan and drawings clearly showing the locations and heights for which approval is requested.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

In front yards, and in side yards with street frontage, walls and fences shall not exceed three feet in height above the street curb elevation or underlying ground level, whichever is lower. In the rear yard of a comer lot, fences in excess of three feet in height shall be set back from the street right-of-way the same distance as is prescribed for accessory buildings in the rear yard of corner lots, ten feet. In all other side and rear yard areas, walls and fences may be a maximum of six feet in height above ground level. Where compliance with these height limits would cause a hardship due to the natural topography of a particular lot, the zoning enforcement officer may permit portions of a fence or wall to be up to eight feet in height in areas where the normal maximum height would be six feet. Provided however, that a special exception, conditional use, or variance may only be granted for walls and fences and only when/if designed or constructed for noise cancelling purposes to be of a greater height where side and/or rear yards are contiguous to the right-of-way of an interstate highway. In no event shall any fence allowed under a special exception, conditional use, variance, or otherwise be more than 12 feet.

However, no wall or fence of any type (natural or manmade) shall be permitted which would in any way obstruct the visibility of automobiles at intersections and points of entry and exit to the public right-of-way.

Table I. Wall and Fence Height

Notes:

In the rear yard of a corner lot, fences in excess of three feet in height shall be set back from the street right-of-way the same distance as is prescribed for accessory buildings in the rear yard of corner lots, five feet.

Where compliance with these height limits would cause a hardship due to the natural topography of a particular lot, the zoning enforcement officer may permit portions of a fence or wall to be up to eight feet in height in areas where the normal maximum height would be six feet.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

In any single-family residential district, fences in the front yard or in a side yard with street frontage shall be generally decorative in design and materials utilized. Chicken wire, barbed wire, electrically charged fences, or similar type fences shall not be erected in any residential district. Neither shall any wall, fence, or similar structure erected in any residential district contain any material(s) or substance(s) such as broken glass, spikes, nails, barbs, or any similar materials designed to inflict pain or injury upon any person or animal.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

In any nonresidential district, barbed wire may be incorporated in or used as a fence above the level of six feet from ground level. Any utilization of barbed wire shall be placed so that it does not project outward over any street, sidewalk, public way, or adjacent property. Fences and walls within office (O-1), commercial (C-1 through C-4), or industrial (I-1 and I-2) shall be designed and constructed so that adequate access to buildings is maintained for firefighting purposes.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

Should any person violate the part of this ordinance which prohibits hedges or plantings from obstructing visibility at intersections, and points of entry and exit to the public right-of-way (hedges and plantings in excess of two and one-half feet in height), then the city may, after serving written notice upon the property owner responsible for such violation and a subsequent period of ten calendar days have elapsed, enter upon the property, where such violation is taking place, and cut and trim the hedges or plantings causing such violation to a height to conform with the provisions of this ordinance; and upon performing such labor, shall bill said property owner for the actual cost of such labor; it being determined by the city council that such hedges or plantings are in violation of this ordinance, and constitute a direct danger to vehicular traffic on streets of the city, and it being within the police power of the city to abate such danger or hazard to the public's safety.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

(a)

All swimming pools, whether above or in ground, shall be completely enclosed by a fence or wall. Swimming pool fences and walls shall be subject to this subsection and shall not be subject to section 1.6.A. entitled "height." The following requirements for swimming pool fences shall be as follows:

(1)

Fences or walls around all swimming pools shall be not less than five feet nor more than six feet in height and have at least one access gate. All access gates shall open outwards away from the pool and shall be self-closing and have a self-latching device.

(2)

Fences or rails constructed along the deck of an above-ground pool will not qualify as meeting the requirements of this subsection. A separate fence or wall meeting the requirements of this subsection will be required.

(3)

Openings in fences shall not allow passage of a four-inch diameter sphere.

(4)

A swimming pool enclosed within a screened structure shall not qualify as meeting the requirements of this subsection. A separate fence or wall meeting the requirements of this subsection will be required.

(b)

Swimming pools shall be located a minimum of ten feet from all property lines.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

Prior to the issuance of a building permit, plans for the construction of any and all commercial, office, or industrial buildings, and multiple-family residential complexes containing a total of more than ten residential units, must show the location of container(s) for solid waste disposal. The number of containers, their location, and access to them for unloading purposes, are subject to the approval of the director of public works.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

(a)

It shall be prohibited, and it shall be unlawful for any person to place or maintain a dumpster in the public right-of-way.

(b)

It shall be the responsibility of the applicant to place the dumpster immediately adjacent to the property, not in the public right-of-way nor the sidewalk, identified by the street address stated on the permit application.

(c)

It shall be the responsibility of the applicant when transporting or otherwise moving a dumpster, to ensure that no portion of the load is falling, shifting, blowing, dropping or in any way escaping from the dumpster.

(d)

Upon illegal placement of dumpsters in the public right-of-way, the applicant must repair any damage to the public way resulting from the placement, maintenance, use or removal of the dumpster during the times the dumpster remains on the public right-of-way.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

Public sidewalks are desired by the City of Byron for all new development, redevelopment, and construction. The vision of the city is to connect sidewalks, city-wide as much as possible, to promote quality of life, health, and well-being of the citizens of Byron. As such, sidewalks are required in residential and commercial areas; sidewalks are also required in industrial areas where deemed necessary by the office of planning and zoning, the city administrator, or the city council.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

Regardless of whether the sidewalk is within the municipal or other right-of-way, the property owner is responsible to maintain all sidewalks adjacent to their property to including, but not limited to, front, side, rear, and road frontage including the removal of snow, ice, grass, debris, roots, and other obstructions (unevenness, spalling or scaling, cracks, and joints). Property owners shall notify the City of Byron of any defects as soon as discovered.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

Mobile homes and manufactured homes mean homes that are defined below and as found within O.C.G.A. § 8-2-131 which definitions are hereby incorporated herein by reference thereto. Except as herein provided, mobile home parks and RV parks are strictly prohibited within the City of Byron; mobile home and RV parks currently situated in the City of Byron are considered pre-existing and legally nonconforming. All mobile and/or manufactured homes and RVs are subject to the provisions herein along with all local ordinances, state laws, state regulations, federal laws, and federal regulations. Please refer to chapter 8 of this Code for additional regulations of mobile homes, manufactured homes, and recreational vehicles (RVs).

(Ord. No. 2023-12, Exh. A, 4-8-2024)

The General Assembly of the State of Georgia has declared that no municipality shall impose any health or safety standards or conditions based upon the age of a manufactured home.

Under authority of the Constitution of the State of Georgia and O.C.G.A. § 8-2-170 et seq., a municipality may establish standards, conditions, and an inspection program for pre-owned manufactured homes which are relocated.

Promotion and maintenance of property values within the jurisdiction and the health and general welfare of the citizens of the City of Byron, Peach County, Georgia, are furthered when standards for the condition of structures, including pre-owned manufactured homes, are established, and enforced.

All manufactured homes relocated to or within the jurisdiction shall comply with the provisions of this ordinance.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

The following words, terms, or phrases, when used in this ordinance, shall have the meanings ascribed to them in this section:

Applicant means any person seeking to install a pre-owned manufactured home within the corporate and city limits of the City of Byron, Peach County, Georgia.

Building inspector means the person appointed, employed, or otherwise designated as the director of planning, permits and inspections as designated by the city administrator; the county building official or any of his or her assistants.

Certificate of occupancy means a document issued by the building inspector certifying that a pre-owned manufactured home is in compliance with applicable requirements set forth by this ordinance and indicating it to be in a condition suitable for residential occupancy.

Guarantee of condition bond means a surety bond to guarantee that the affidavit and photographs required by [subsections (a)(1) and (a)(2) of section 1.10.D.] of this ordinance reasonably portray or represents the existing condition of the pre-owned manufactured home proposed for relocation. In lieu of the bond, a cash deposit may be deposited with the county.

Install means to construct a foundation system and to place or erect a manufactured home on such foundation system. Such term includes, without limitation, supporting, blocking, leveling, securing, or anchoring such manufactured home and connecting multiple or expandable sections of such manufactured home.

Jurisdiction means the incorporated city limits of the City of Byron, Peach County, Georgia.

Manufactured home means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq.

Pre-owned manufactured home means any manufactured home that has been previously used as a residential dwelling and has been titled.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

All pre-owned manufactured homes located in the jurisdiction shall bear a label certifying it was constructed in compliance with the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq. (the HUD Code) and shall be installed in accordance with O.C.G.A. § 8-2-160 et seq.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

A permit shall be required to locate a pre-owned manufactured home in the jurisdiction. Provided that all requirements in this Code have been met, all permits shall be issued within three business days of receipt of all items listed in subsections (a)(1)—(a)(4) of this section.

(a)

Permit. To obtain a permit, applicants shall provide to the building inspector:

(1)

An affidavit signed by the applicant that the pre-owned manufactured home meets health and safety standards required by this Act;

(2)

Photographs of the interior and exterior of the pre-owned manufactured home providing evidence that the home meets the minimum health and safety standards of [Section 1.10.E.];

(3)

A refundable guarantee of condition bond or a refundable cash deposit as set by council and included in the schedule of fees for the city; and

(4)

The permit and inspection fee required by subsection (d) of this section.

(b)

Inspection. Upon receipt of a permit, applicants may relocate the manufactured home on a residential site for the purposes of inspection. The applicant shall arrange for an inspection to be held once the installation of the manufactured home is complete.

(c)

Certificate of occupancy. A certificate of occupancy shall be issued to the applicant at such time that the building inspector certifies that the requirements of this ordinance have been met.

(d)

Fee. A permit and inspection fee as set by council and included in the schedule of fees of the city shall be charged to the applicant to cover the cost to the city to process the permit application and inspect the pre-owned manufactured home. Such a fee shall cover the initial inspection and one follow-up inspection. The applicant shall be charged a fee set by council and included in the schedule of fees of the city for each additional follow-up inspection that may be necessary.

(e)

Alternative inspection. At the request of the applicant, the building inspector may, at his or her discretion, inspect a pre-owned manufactured home prior to its being relocated if the home is then located at another site within the county.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

All preowned manufactured homes shall comply with the following before being issued a certificate of occupancy by the building inspector:

(a)

HUD Code. Every pre-owned manufactured home located in the jurisdiction shall be in compliance with the Federal Manufactured Housing Construction and Safety Standards Act, 42 U.S.C. §§ 5401—5445 (the HUD Code) and shall not have been altered in such a way that the home no longer meets the HUD Code.

(b)

Interior condition. Every floor, interior wall, and ceiling of a pre-owned manufactured home shall be in sound condition. Doors and windows shall be operable, watertight and in good working condition. The floor system shall be in sound condition and free of warping, holes, water damage, or deterioration.

(c)

Exterior condition. The exterior of all pre-owned manufactured homes shall be free of loose or rotting boards or timbers and any other conditions that might permit rain or moisture to the interior portions of the walls or to occupied spaces. The exterior siding shall be free of rot and rust. Roofs shall be structurally sound and have no obvious defects that might permit rain or cause moisture to collect on the interior portion of the home.

(d)

Sanitary facilities. Every plumbing fixture, water, and waste pipe of a pre-owned manufactured home shall be in a sanitary working condition when properly connected and shall be free from leaks and obstructions. Each home shall contain a kitchen sink. Each bathroom 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 upon being connected to ensure they are in good working condition.

(e)

Heating systems. The heating shall be safe and in working condition. Unvented heaters shall be prohibited.

(f)

Electrical systems. Electrical systems (switches, receptacles, fixtures, etc.) shall be properly installed and wired and shall be in working condition. Distribution panels 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. The home shall be subject to an electrical continuity test to assure that all metallic parts are properly bonded.

(g)

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

(h)

Egress windows. Each bedroom of a manufactured home shall have at least one operable window of sufficient size to allow egress if necessary.

(i)

Ventilation. The kitchen in the home shall have at least one operating window or other ventilation device.

(j)

Smoke detectors. Each pre-owned manufactured home shall contain one operable battery-powered smoke detector in each bedroom and in the kitchen, which must be installed in accordance with the manufacturer's recommendations.

(k)

Carbon monoxide detectors. Each pre-owned manufactured home, equipped with any gas operated appliances shall contain one operable battery powered carbon monoxide detector in each bedroom and in the kitchen, which must be installed in accordance with the manufacturer's recommendations.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

(a)

Permanent connection to utilities shall not be approved until the building inspector has issued a certificate of occupancy.

(b)

Owners of pre-owned manufactured homes that are not in compliance upon a third inspection shall have their permit revoked and shall be required to remove the home from the jurisdiction at their own expense.

(c)

The guarantee of condition bond or cash deposit will be forfeited after 90 days from the date of inspection, unless all conditions and standards are met prior to the end of the 90 days, or an extension has been issued in writing by the building inspector.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

Failure to remove a pre-owned manufactured home from the jurisdiction upon failure to receive a certificate of occupancy shall be punishable by a fine of up to that which is provided for in chapter 1, section 1.8 of this Code. Each day any violation under this ordinance continues shall be considered a separate offense.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

All ordinances or parts of ordinances in conflict with this ordinance are repealed, except that nothing in this ordinance shall be construed to permit the location of manufactured homes in areas where they are not authorized by applicable zoning and land use regulations.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

Should any provision of this ordinance be rendered invalid by a court of law, the remaining provisions shall continue in force and effect until amended or repealed by action of the members of the Byron City Council.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

Proposed uses of mobile homes or modular homes other than those which are expressly permitted in this section or elsewhere in this ordinance shall not be allowed. In no case shall a mobile home or modular home be used for the following:

(a)

The manufacture, assembly, fabrication or storage of any tangible product(s) or materials.

(b)

Any commercial business, company, corporation or similar business organization or association, which renders a personal, professional, or commercial service, which is:

(1)

Expressly prohibited by this ordinance in the respective district in which the use is located.

(2)

Offensive or injurious to land uses of adjoining properties by reason of emission or discharge of toxic, poisonous or other pollutant gases or substances, inordinate and/or excessive generation of noise or glaring light, inordinate and/or excessive generation of vehicular traffic into and from the lot on which the use is located.

(3)

Any illegal activity, as defined within and governed by ordinances and regulations of the State of Georgia, Peach County, and the City of Byron.

In no case shall any number of mobile homes or modular homes, in whole or in part, be stored for any purpose upon any lot located within any residential district.

In no case should more than one mobile home or modular home be permitted to be located on any one specific lot within any residential district, except as expressly provided in an R-MH district.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

As defined in this ordinance, mobile homes, manufactured homes, and modular homes shall be permitted to locate in districts other than R-MH, subject to compliance with the respective conditions and regulations in each district listed in this section; further:

(1)

In every case, modular homes shall be permitted only if transported to and assembled upon fixed, permanent foundations.

(2)

In every case, mobile homes and manufactured homes shall be permitted only if fully underpinned and tied down, with skirting installed around the entire external dimensions.

(3)

In every case, modular homes and mobile homes shall be located in compliance with:

a.

The site improvement standards as specified for structures in the same respective zoning districts (as applied to single-family residences, in any residential district; and as applied to individual, separate structures in all other districts); and

b.

The prevailing standards for utility connections, and fitness for habitation, as required for the issuance of a certificate of occupancy by the zoning enforcement officer.

(4)

Mobile homes and modular homes will normally be newly manufactured, but in every case wherein the home is not new, is used, or has been lived in prior to placement, said home shall be in excellent condition at the time of installation and shall be subject to the health and safety inspections contained within this Code.

The zoning enforcement officer may approve the following uses, provided that in his judgment the modular or mobile home would be compatible with and not substantially different from the general character and appearance of the existing buildings and other structures in the surrounding area. (Article III, section 6.2.1, Table 1.)

(5)

District(s) regulations and conditions. C-1/C-3 (PUD) storage of one or more mobile homes and/or modular homes on a given lot is allowed, but only as "finished products" displayed for commercial purchase (retail or wholesale), rent, or lease, but may not be held for lease or rent on the given lot. Furthermore, such homes may also be stored on a given lot as a "temporary holding area" for an industry located on the same lot or an adjoining lot, which manufactures and/or assembles mobile homes and/or modular homes into completed, marketable products, prior to distribution of the completed units to market outlets.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

The development of greater outdoor recreational activities, including, but not limited to, camping, fishing, and hiking facilities, were declared to not be a priority for the City of Byron in the 2022—2026 joint comprehensive plan as adopted by Peach County, the City of Fort Valley, and the City of Byron. The governing authority of the City of Byron considers RV parks as an example of non-priority recreational development. The governing authority of Byron, along with the planning and zoning commission of Byron, have considered the location of the City of Byron relative to the nearby cities, counties, and other zoning opportunities located therein, the historic structures located in the City of Byron, the general nature of desired development, the roadway infrastructure, the access points of ingress and egress to the city and the character, density, and size of the city as a whole, and have determined that certain structures and land uses are incompatible with the vision for future development determined by council to be in the best interest of the city. Recreational vehicle parks, while popular under current trends, are not compatible with the aforementioned concerns, goals, visions for development, and desires of the City of Byron. Furthermore, RV parks are not compatible with the standard residential in-fill goals of the City of Byron as a community.

Recreational vehicle (RV) parks are not a permitted use, an allowed variance, a special exception, or a special use in any areas or any zones within the city limits of the City of Byron. Nothing contained herein shall affect the validity of any such RV park(s) in existence at the time of the adoption of this zoning amendment except that any such RV park in existence at the passage of this zoning amendment shall lose its grandfathered status upon the lack of use as an RV park for a period of 12 months.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

The City of Byron finds that adequate and appropriate lighting for all construction, development, and re-development promotes safety and aesthetics within the city.

(a)

All new construction, development, and re-development shall be required to install and maintain exterior lighting, including, but not limited to, parking lots.

(b)

Outdoor lighting of all types shall be directed so as not to reflect glare into residential dwellings or districts and shall be so situated as not to reflect into any public right-of-way.

(c)

Flashing or running lights within public view are prohibited, provided that this prohibition shall not apply to temporary holiday displays.

(d)

All exterior lighting should be architecturally compatible with the building style, material, and color selections. Architectural and shoebox style cutoff fixtures shall be used in all parking areas as opposed to cobra type light fixtures and directional floodlights. Exterior lighting of the building and site should be designed so that light is not directed off the site, and the light source is shielded from direct offsite viewing. All outdoor light fixtures should be fully shielded or be designed or provided with light angle cut-offs, so as to eliminate uplighting, spill light, and glare.

Exterior architectural, display, and decorative lighting visible from the designated corridors shall be generated from a concealed light source with low-level fixtures. Any lighting fixture used to illuminate parking areas, access drives or loading areas shall be of such design, so as to minimize the amount of ambient lighting perceptible from adjacent properties. In no case should any lighting impair the vision of motorists.

Entrances into developments from the designated corridors may be lighted for traffic safety reasons, provided such lighting does not exceed the applicable lumens requirements specified below. Excessive illumination of signage, buildings, or site features should be avoided. Roof lighting and down-lighting washing the building walls are strongly discouraged.

(e)

Fixture mounting height should be appropriate for the project and the setting. The overall height of all lighting within parking lots should not exceed 30 feet in height from finish grade to the top of the light fixture. Lower mounting heights are encouraged where sites are located adjacent to residential areas or other sensitive land uses. Use of low, bollard-type fixtures that are three to four feet in height, are encouraged as pedestrian area lighting.

(f)

Light fixtures. All light fixtures should be a cutoff luminaire whose source is completely concealed with opaque housing and should not be visible from any street. This provision includes lights on mounted poles, as well as architectural display and decorative lighting visible from the corridor. Fixtures should be mounted in such a manner that the cone of light is not directed at any property line of the site. Only incandescent, fluorescent, metal halide, mercury vapor or color corrected high-pressure sodium light may be used. The same type of lighting must be utilized for all fixtures and light sources on the site.

(g)

Illumination levels. All site lighting should be designed so that the level of illumination measured in lumens at any one point meets the standards below. The planning commission shall have the discretion to allow limited flexibility as to variations in the minimum and average levels if the proposed levels are below the following standards. The planning commission shall not allow flexibility for proposed levels which exceed the maximum levels unless such levels strictly conform to the recommended levels within the IESNA Lighting Handbook.

Lighting underneath canopies for service stations or similar uses shall be restricted to no more than two 320-watt recessed lighting fixtures (including lenses) mounted flush with the bottom of the canopy on each side of a gasoline pump or other design that meets the standards of this chapter. Lighting for canopies for service stations and other similar uses shall not exceed an average of 129 lumen as measured at the ground level at the inside of the outside edge of the canopy. Lighting for ATM machines shall be recessed and mounted flush with the actual canopy above the ATM machine and shall comply with the latest requirements identified within the IESNA Lighting Handbook or established by federal regulations.

Decorative lighting may be used only at service entrances to buildings and shall not be used to draw attention to the building or provide general building or site lighting. Wall packs on the exterior of a building shall be shielded (full cut-off type bulb or light source not visible from offsite) to direct light downward and be of low wattage (100 watts or lower).

Illumination of all monument signage shall be by an externally located steady light source, which is shielded and directed solely at the sign. The intensity of the light shall not exceed 215 lumens at any one point on the sign face. Colored lamps are not permitted.

(h)

Electrical streetlighting.

(1)

Electrical streetlighting shall be installed in all subdivisions.

(2)

Adequate streetlighting shall be determined and approved by the city planner during the approval of a preliminary plat. One copy of the approved streetlighting plan shall be forwarded to the electrical utility company servicing the subdivision.

(3)

The developer shall provide adequate lighting at street intersections, and dead-end streets including cul-de-sac, and all at-grade cart paths crossing with collectors or arterial.

(4)

As a minimum, luminaires are to be mounted at least 16 feet above grade. As a maximum, luminaires are to be mounted not more than 28 feet above grade. Adjustment in spacing and luminaire height may be made due to street curves, topography and natural foliage and type of equipment. A design within the range of the minimum and maximum shall be considered for approval that produces the effective horizontal illumination of 2.15 lumens.

(5)

Poles, fixtures, and all related materials must be available standard stock items through the electric utility company servicing the subdivision or must be approved by the city planner.

(6)

The developer shall pay the cost of installing the streetlights to any newly built subdivision.

(7)

The city will accept monthly charges for streetlight units on public property after negotiation and contract with the utility company following satisfactory implementation of subsections (1) through (6) above.

(i)

Submittal requirements. As a part of the conceptual site plan submittal, the applicant shall be required to provide the following information to the city planner for review and distribution to the planning commission for consideration:

(1)

Schematic architectural elevations for all buildings or a set of design guidelines that include the unifying elements that are to be incorporated within the overall project (including each outparcel);

(2)

Identification of primary physical characteristics of each building including predominant color(s), exterior materials, and architectural features;

(3)

Primary landscape theme (general, not specific);

(4)

Proposed building heights;

(5)

Proposed lighting plan (general);

(6)

Other elements which may be relevant to a specific development and how they are compatible with the adjacent sites; and

(7)

Signage program (general).

a.

Color samples shall be submitted to the planning commission as a part of the conceptual site plan review process and shall be kept on file once approved. Colored renderings may be required but shall not be a substitute for this requirement. In addition to listing the color(s), the design guidelines shall also describe how and where the color will be used. It is recognized that the same color on a different material may not match exactly.

b.

A lighting plan shall be required for all non-single-family residential developments of one acre or more in size. When required, lighting plans shall illustrate all proposed lighting on a site and buildings. The plan should illustrate areas of night illumination and the amount of light at various places measured in lumens. When required, the lighting plan shall consist of either lumens (connecting points of equal light illumination levels, similar to a topographic contour) or a photometric grid with individual spot readings). No lighting plan shall be approved which will result in direct light that exceeds the requirements or is otherwise inconsistent with the provisions of this section.

(j)

Requirements following project completion. The present owner and all subsequent owners of the property shall maintain all appearance features, lighting, and landscaping approved by the planning commission.

Changes beyond the owner's control shall be restored by the owner, unless otherwise provided.

Any modifications to any element of the site plan, building design or lighting initially approved by the planning commission will require subsequent review and approval by the planning commission.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

Within the districts established by this ordinance, or amendments that may later be adopted, there exists:

(a)

Lots;

(b)

Structures;

(c)

Uses of land and structures;

(d)

Characteristics of uses;

which were lawful before this ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this ordinance, or future amendment(s). It is the intent of this ordinance to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this ordinance that nonconformities shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

Nonconforming uses are declared by this ordinance to be incompatible with permitted uses in the districts involved. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land in combination, shall not be extended or enlarged upon in any manner after passage of this ordinance.

To avoid hardship, this ordinance shall not require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption, or amendment of, this ordinance.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

Any residential lot of record may be used to construct thereon any structure in compliance with the zone in which said lot is located. Such lots shall have a minimum width at the street of 30 feet and must be on city sewerage or have a minimum area of 10,000 square feet if on septic tank and meet all setback, side yard, and lot coverage limitations and off-street parking requirements for the district in which it is located.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

Where at the time of adoption of this ordinance, lawful use of land exists which would not be permitted by the regulations imposed by this ordinance, the use may be continued so long as it remains otherwise lawful, provided:

(a)

No such nonconforming use shall be enlarged or increased, nor extended, to occupy a greater area of land than was occupied at the date of adoption or amendment of this ordinance.

(b)

No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the date of adoption of this ordinance.

(c)

No such nonconforming use of land ceases for any reason for a period of more than 30 days (except when governmental action(s) impede(s) access to the premises); any subsequent use of such land shall conform to the district in which the specified land is located.

(d)

No additional structure that does not conform to the requirements of this ordinance shall be erected in connection with such nonconforming use of land.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

Where a lawful structure exists at the effective date of adoption or amendment of this ordinance that could not be built under the terms of this ordinance such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(a)

No such nonconforming structure may be enlarged or altered in any way, except to decrease its nonconformity.

(b)

Should such nonconforming structure or nonconforming portion of a structure be destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformance with the provisions of this ordinance.

(c)

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

If lawful use involving individual structures, or of a structure and premises in combination, exists at the effective date of adoption or amendment of this ordinance, that would not be allowed in the district under the terms of this ordinance, the lawful use may be continued so long as it remains otherwise lawful and subject to the following provisions:

(a)

No existing structure devoted to a use not permitted by this ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

(b)

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this ordinance, but no such use shall be extended to occupy any land outside the building.

(c)

If a use is superseded by a permitted use, for the district, the nonconforming use may not then be resumed.

(d)

Where nonconforming use status applies to a structure and premises in combination, the removal or destruction of the structure shall eliminate the nonconforming status of that land. Destruction for the purpose of this subsection is defined as damage to an extent of more than 50 percent of the replacement cost at the time of destruction.

(e)

When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six consecutive months or for 18 months during any three-year period (except when government action(s) impede(s) access to the premises), in the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.

(Ord. No. 2023-12, Exh. A, 4-8-2024)

On any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or repair and/or replacement of nonloadbearing walls, fixtures, wiring, or plumbing, to an extent not exceeding ten percent of the current replacement cost of the nonconforming portion of the structure, as the case may be, provided that the cubic area content existing when it became nonconforming shall not be increased.

If a nonconforming structure, or portion of a structure, containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located.

(Ord. No. 2023-12, Exh. A, 4-8-2024)