Except as hereinafter specifically provided, the regulations of this article shall apply.

Whenever any provision of this article imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by any other city ordinance this article shall govern.

No building or structure, as defined herein, or part thereof, shall hereinafter be erected, constructed, reconstructed, or altered and maintained, and no new use or change in use shall be made or maintained of any building, structure or land, or part thereof, except in conformity with the provisions of this article.

Except as herein provided, there shall be no more than one principal building per lot other than within a planned unit development.

(1)

In residential zoning districts an "in-law suite" may be allowed. When such a second accessory dwelling is constructed, the following rules shall apply:

(a)

The in-law suite shall not be larger than 75 percent of the footprint of the primary dwelling, with a maximum square footage of 800 square feet.

(b)

The in-law suite shall be used for housing family members only. No in-law suite shall be rented to non-family members. No commercial use of the in-law suite shall be permitted.

(c)

The in-law suite shall meet all building setback requirements for the zoning district in which it is located.

(d)

Each in-law suite shall be so defined by permanent physical markers as to be given a numerical address and location designation.

(e)

Each in-law suite established under this section shall meet the requirements of local construction and use codes established by the local governing authority.

(f)

Building permits for construction will not be issued prior to the approval of each of the aforementioned conditions by the planning director, or his designee.

Any lot which was of record at the time of the adoption of the ordinance from which this ordinance derives that does not meet the requirements of this ordinance for yards or other area or open space, may be utilized for a use for which it is zoned, provided that all applicable health and safety standards are observed. The purpose is to permit utilization of recorded lots, which lack adequate width or depth as long as reasonable living or working standards can be provided. Substandard lots under the same ownership shall be combined where possible, to make standard lots, or to make the lots as close to being standard as possible.

Every new residential lot shall abut a public street. No building shall be erected on a parcel that does not abut a public street, or road, except as otherwise provided for herein. If a property, residential or commercial, that was recorded prior to the date of adoption of this ordinance does not abut a public road, the lots shall be recombined or redivided to provide the required road frontage access, if possible, or a legal easement shall be recorded and a recorded copy submitted with the permit application before a building permit may be issued.

In all districts, no fence, wall, hedge, shrub planting, or other plant or structure, which obstructs the site lines at elevations between two and 12 feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection of the street lines, or in the case of a rounded property corner, from the intersection of the street property lines extended. No trees shall be permitted to remain within such distances of such intersections unless the foliage line is maintained to comply with the above site lines.

No lot shall be reduced in size so that the yard, lot width, lot area or other requirements of this ordinance are not maintained, except in cases where the size of a lot of record is reduced as a result of public dedication or condemnation for public uses and where such size reduction has been approved by the planning director. This includes lots of record at the time of the adoption of this ordinance.

Accessory buildings, except as otherwise permitted in this ordinance shall be subject to the following regulations:

(1)

Where the accessory building is structurally attached to a main building, it shall be subject to and must conform to all regulations of this ordinance applicable to principal buildings.

(2)

Accessory buildings, except garages, may be erected in any required yard except a front yard, providing further that in no instance shall such a building be nearer than ten feet to any adjoining side lot line or rear lot line.

(3)

In residential districts, an accessory building shall not exceed the height of the primary structure and in no instance shall the square footage of the footprint of the accessory building, or combination of accessory buildings, exceed the square footage of the ground floor area of the principal building.

(4)

No detached accessory building shall be located closer than 15 feet to any principal building.

(5)

In the case of corner lots, accessory buildings shall observe front yard requirements on both street frontages.

(6)

Garages. In any residential zone, no garage shall be erected closer to the side lot line than the permitted distance for the dwelling.

(7)

Carport. In any residential zone, no carport shall be erected, constructed or altered closer to the side lot line than the permitted distance for the dwelling, nor beyond the front line of the house to which it is attached.

(8)

Manufactured homes, mobile homes or tractor-trailers shall not be used as accessory buildings.

(9)

In C-3 Highway Commercial, accessory buildings require a site plan to be drawn in accordance with section 3.16 of this ordinance. The site plan may be approved by the zoning administrator, or his/her designee, and administrative approval can be granted.

This section applies to any accessory dwelling unit that is located in a building that is not attached to the principal dwelling.

(1)

Guest houses, as defined, shall be permitted as accessory dwelling units, subject to the following regulations:

(a)

Accessory Use. The guest house must be an accessory use to a single-family detached dwelling already existing on the lot. No more than one guest house may be located on any lot.

(b)

Lot Area Requirement. A guest house shall be permitted only on a lot having 15,000 square feet or more in area.

(c)

Location. The guest house must be constructed within the rear yard of the residential lot separated by a distance of at least 15 feet from the principal building.

(d)

Height. The maximum height of the guest house shall be 20 feet or the height of the primary structure, whichever is less.

(e)

Architecture and building materials. The guest house shall have an architectural design and exterior building materials that are compatible with the principal building (single-family dwelling).

(f)

Maximum floor area. The gross building floor area of the guest house may not exceed 60 percent of the floor area of the principal dwelling.

(g)

Use. Guest houses shall not be rented or otherwise occupied separately from the principal dwelling, except for non-paying guests or domestic employees residing on the premises and sharing meals in the principal dwelling.

(h)

Utilities. All required utilities of the guest house shall be connected to the principal structure. Separate or secondary meters are prohibited.

(i)

Building code compliance. The guest house shall conform to all applicable standards for building, plumbing, electrical, mechanical, fire, health, and other applicable codes for residential units.

(2)

Accessory apartment, as defined, shall be permitted as accessory dwelling units, subject to the following regulations:

(a)

Accessory use. The accessory apartment shall be an accessory use to a single-family detached dwelling already existing on the lot. No more than one accessory apartment may be located on any lot.

(b)

Lot area requirement. An accessory apartment shall be permitted only on a lot having 15,000 square feet or more in area.

(c)

Location. The accessory apartment must be constructed within the rear yard of the residential lot separated by a distance of at least 15 feet from the principal building.

(d)

Occupancy. The total number of occupants in the accessory dwelling unit shall comply with the occupancy standards of the building code.

(e)

Height. The maximum height of the accessory apartment shall be 20 feet or the height of the primary structure, whichever is less.

(f)

Architecture and building materials. The accessory apartment shall have an architectural design and exterior building materials that are compatible with the principal building (single-family dwelling).

(g)

Maximum floor area. The gross building floor area of the accessory apartment may not exceed 60 percent of the floor area of the principal dwelling.

(h)

Use. Accessory apartments may be rented or otherwise occupied separately from the principal dwelling. The property owner must occupy either the principal dwelling or the accessory apartment as the permanent residence. For purposes of this section, "property owner" means the title holder and/or contract purchaser of the lot, and "owner occupancy" means that a property owner, as reflected in the title records, makes his/her legal residence at the site, as evidenced by voter registration, vehicle registration, or similar means.

(i)

Property covenant required. The property owner shall sign an affidavit before a notary public affirming that the owner occupies either the principal dwelling or the accessory apartment. The applicant shall provide a covenant suitable for recording with the recorder of deeds providing notice to future owners or long-term lessors of the subject lot that the existence of the accessory apartment is predicated upon the occupancy of either the accessory apartment or the principal dwelling by the person to whom the certificate of occupancy has been issued. The covenant shall also require any owner of the property to notify a prospective buyer of the limitations of this section and to provide for the removal of improvements added to convert the premises to an accessory apartment and the restoration of the site to a single family dwelling in the event that any condition of approval is violated.

(j)

Utilities. All required utilities of the accessory apartment shall be separate or have secondary meters.

(k)

Building code compliance. The accessory apartment shall conform to all applicable standards for building, plumbing, electrical, mechanical, fire, health, and other applicable codes for residential units.

(l)

Parking. One parking space shall be provided for the accessory dwelling unit in addition to the principal structure (dwelling). Said parking shall be provided on an approved and permitted driveway or parking pad.

(m)

Addressing. Accessory apartments are required to have a separate physical address and mailing address from the principal dwelling.

(1)

Any structure or equipment listed in Section 108 of the International Code Council (ICC) Property Maintenance Code.

(2)

It shall be prohibited in all residentially zoned districts to park or store in the open power driven construction equipment, used lumber or metal, or any other miscellaneous scrap or salvageable material in quantity.

(3)

Vehicles larger than a regularly maintained pickup or panel truck of 7,500 pounds, or greater, gross vehicle weight capacity, tractor-trailer combinations, tractors, or trailers shall not be placed, parked, or stored in residentially zoned districts except on lots five acres or greater and shall be located in the rear yard. Vehicles so allowed shall not exceed one in number per lot. Trucks used, or intended for use, for commercial purposes, less than 7,500 pounds gross vehicle weight capacity shall be limited to no more than one per lot and shall be located in the rear yard, behind the principal building.

(4)

Kennels.

(1)

Landscape maintenance.

(a)

All landscape installed in accordance with this section shall be maintained for a two-year period (hereinafter referred to as the "maintenance period" from the issuance date of the certificate of occupancy (CO).

(b)

The procedures for administering the inspections for landscapes are as follows:

(i)

The zoning administrator shall make three inspections of the landscape improvements on a six-month interval basis. If any deficiencies exist, a written report outlining the deficiencies shall be prepared by the zoning administrator and given to the owner. The owner shall make any necessary repairs or modifications required by the report of the zoning administrator.

(ii)

Forty-five days prior to the expiration date of the maintenance period, the zoning administrator shall make inspections for final landscape approval. If any deficiencies exist, a written report outlining the deficiencies shall be made and given to the owner. The owner shall make any necessary repairs or modifications required by the report of the zoning administrator.

(c)

Failure to maintain landscape for the required two-year maintenance period or to make repairs reported by the zoning administrator shall be deemed to be a violation of the Zoning Ordinance and shall subject the owner of the property to the penalties provided for such a violation.

(2)

Purpose and intent. The following regulations are designed to promote the health, safety, order, aesthetics and general welfare by protecting incompatible uses of land, providing for a more attractive urban environment, assuring adequate open space, and reducing noise, night lighting, odor, objectionable view, loss of privacy and other adverse impacts and nuisances through the use of buffers and landscaping.

(3)

Submittal of landscape plans. A landscape plan shall be submitted to the planning and development department together with the site development plan if one is required. If a site development plan is not required by the land development ordinance, then landscape plans must still be submitted to the planning and development department before a building permit may be issued. The following information shall be shown on the required landscape plan:

(a)

Calculation of net site area showing all existing and proposed structures, parking and access, other paved areas, and all required buffer yard areas pursuant to this section;

(b)

Calculation of required landscape area;

(c)

Location and dimensions of areas to be landscaped and total amount of landscaped area;

(d)

Location of all trees larger than 24 inches in caliper.

(4)

Landscape area required.

(a)

Calculation of landscape area: The area to be landscaped shall be calculated using the amount of disturbed area delineated in any type of development.

(b)

Commercial or institutional uses: A minimum of ten percent of net site area shall be landscaped. In addition:

(i)

For every 500 square feet, or fraction thereof, of required landscape area, one tree of three-inch caliper or larger is required. Up to 50 percent of the required number of trees may be replaced by five-gallon shrubs at the rate of one tree equals ten shrubs.

(ii)

For every 50 square feet, or fraction thereof, of required landscape area, one shrub a minimum of five gallons in size is required. Up to 50 percent of the required number of shrubs may be replaced by three-inch caliper trees at the rate of ten shrubs equals one tree.

(c)

Industrial uses: A minimum of four percent of net site area, or, at the option of the developer, a landscape area of at least 30 feet in depth along the property frontage on all public rights-of-way adjacent to the property. In addition:

(i)

For every 500 square feet, or fraction thereof, of required landscape area, one tree of three-inch caliper or larger is required. Up to 50 percent of the required number of trees may be replaced by five-gallon shrubs at the rate of one tree equals ten shrubs.

(ii)

For every 50 square feet, or fraction thereof, of required landscape area, one shrub a minimum of five gallons in size is required. Up to 50 percent of the required number of shrubs may be replaced by three-inch caliper trees at the rate of ten shrubs equals one tree.

(d)

Landscape strip required: All properties except those containing single family detached or attached residences, or two-family residences, shall provide landscape strips, as herein defined, of ten feet in width along the developed portion of side and rear property lines. This landscape area may account for up to 25 percent of the landscape area required by 3.12(d). It shall be the responsibility of the property owner of a lot to be used or built upon to install the required landscape strips. Installation of landscape strips may be phased in accordance with approved building plans.

(5)

Street trees. Trees shall be required along all parkways and roads built within a development. These trees shall be planted outside the right-of-way. The street tree requirement shall be one tree with a minimum three-inch caliper for every 30 linear feet of roadway. The trees may be placed in a linear pattern or be clustered to create a more natural effect.

(6)

Parking lot landscape requirements. Landscaping shall be required in all commercial, institutional, or industrial developments. A minimum of five percent of net parking area shall be landscaped. In addition:

(a)

For every 100 square feet, or fraction thereof, of required landscape area, one tree of three-inch caliper or larger is required. Up to 50 percent of the required number of trees may be replaced by five-gallon shrubs at the rate of one tree equals ten shrubs.

(b)

For every 50 square feet, or fraction thereof, of required landscape area, one shrub a minimum of five gallons in size is required. Up to 50 percent of the required number of shrubs may be replaced by three-inch caliper trees at the rate of ten shrubs equals one tree.

(7)

Acceptable material. If a wall or fence is not used pursuant to this section then the following must apply:

(a)

Multiple-family residential and non-residential property abutting single-family residential property. Where non-residential property abuts property zoned for residential use, landscaping shall be provided along the side and rear property lines so that a solid screen five feet in height when planted is formed and will, within a year, grow to six feet. If deemed necessary by the planning director, or his designee, due to topographical changes between the multiple-family residential or non-residential and residential property, the minimum height may be increased to eight feet. At a minimum, materials shall consist of 25 percent evergreen trees a minimum of six feet tall, 25 percent ornamental and/or shade trees with a minimum three-inch caliper or in small groups of ornamental and/or shade trees six feet tall having the same effect of a three-inch caliper ornamental and/or shade tree, and 50 percent evergreen and deciduous shrubs, provided that no more than 25 of the shrubbery may be deciduous. When planted, this landscaping shall form a continuous screen that is at least six feet in height.

(b)

Ground cover: Except where occupied by planting beds, all perimeter-landscaping areas shall be sodden or seeded. If seeded, grass shall be established through proper watering and fertilization as needed.

(8)

Preservation of trees. In order to encourage the preservation of existing trees, the area within the drip line of trees of 12 to 24 caliper inches that is protected by fencing during grading and construction and is included in the required landscape area shall receive double credit toward the required landscape area. If the tree is in the buffer area, such credit can be given in the buffer area as long as the desired buffer zone effect is accomplished. Otherwise, the credit shall be given to other areas, not located in the buffer area. Any tree 24 caliper inches or over shall be preserved, unless approved for removal by the planning director, or his designee where removal of such tree is mandated by development constraints that cannot reasonably be altered. If such tree is approved for removal, the tree must be replaced by a tree, or cluster of trees, that, when planted, has an overall caliper of at least six inches.

(9)

Exemptions from landscape requirements. The following are not subject to these landscape requirements:

(a)

Structures that do not create or expand building square footage and temporary structures such as job shacks or trailers associated with construction activities;

(b)

Change in existing structure, unless the structure is expanded in accordance with subsection (a) above;

(c)

Temporary buildings in place for a maximum of five years and erected as accessory buildings for elementary and secondary schools and institutions of higher education.

(10)

Installation and maintenance. The owner and/or user of the property shall be responsible for installing all required landscaping and maintaining them in a neat and orderly appearance. This includes irrigating or watering, fertilizing, pruning and replanting where necessary. Where fences or walls are involved, this also includes any and all necessary maintenance and/or repair. Necessary trimming and maintenance shall be the responsibility of the property owner or user of the property to maintain the health of all plant and landscaping materials, to provide an aesthetically pleasing appearance, and to assure that all screening actually serves the purpose for which it is intended. In cases of noncompliance, the planning director, or his designee, shall be empowered to take action as provided by law to ensure maintenance of all plant and landscaping materials.

(11)

Miscellaneous requirements.

(a)

All required landscape areas adjacent to vehicle use areas shall be protected by wheel stops, curbs, or other physical barriers.

(b)

All required landscape areas shall be located outside the exterior perimeter of the footprint of a building or structure.

(c)

With the exception of landscaping required in the side and rear yards, a minimum of 75 percent of all remaining required landscape areas shall be located in the front yard between the building line and the front property line. For lots with multiple street frontages, the minimum percentage to be placed on either frontage shall be determined by the planning director, or his designee.

(d)

No artificial plants, trees, ground cover or other artificial vegetation may be installed.

(e)

Unless otherwise specified by this section, any walls constructed pursuant to the requirements of this section shall be a minimum of six feet in height and constructed of brick, stone, or concrete block textured or coated with an architectural finish (paint, stucco, etc.). Walls shall be located in a manner that accomplishes the purposes of this section.

(f)

When fencing is provided pursuant to this section, the finished surface of the fence shall face externally to the project. Fences shall be located in a manner that accomplishes the purposes of this section and shall be constructed of solid wood or other approved material that achieves the desired visual and acoustical screening.

(g)

Areas reserved for storm water detention/retention are not permitted within buffers of landscape strips. However, exceptions may be granted by the planning director, or his designee, if, after consultation with the manager of development services, no reasonable alternatives are available or undue hardship is shown.

(12)

Modification of landscape requirements. The planning director, or his designee, may approve minor variations in the location of required landscape materials due to unusual topographic restraints, sight restrictions, siting requirements, preservation of existing stands of native trees or similar conditions, or in order to maintain consistency of established front yard setbacks. These minor changes may vary the location of landscape materials, but may not reduce the amount of required landscape area or the required amount of landscape materials. The landscape plan shall be submitted and specify the modifications requested and present a justification for such modifications.

(a)

Acceptable tree types: The following is a list of example tree types that are indigenous to the area and tend to grow well. This list is not all-inclusive.

Shade trees: Black Tupelo, Bald Cypress, Florida or Southern Sugar Maple, Gingko or Maiden Tree, Live Oak, Overcup Oak, Scarlet Oak, Swamp Chestnut Oak, White Oak, American Beech, American Holly, Chinafir, Dawn Redwood, Deodar Cedar, Green Ash, Japanese Crytomeria, Japanese Pagodatree, Laurel or Darlington Oak, Loblolly Pine, Longleaf Pine, Red Cedar, Red Maple, River Birch, Sawtooth Oak, Shumar Oak, Slash Pine, Southern Magnolia, Sweetgum, Tulip Tree or Yellow Poplar, Water Oak, White Ash, Willow Oak.

Ornamental trees: Bradford Pear, Cabbage Palmetto, Cassine Holly, Caste Tree, Chinese Pistache or Pistachio, Chinese Tallowtree, Crepe Myrtle, Croonenburg Holly, Dogwood, Fringe-Tree or Grancy Graybeard, Goldenrain Tree, Hybrid Holly, Japanese Evergreen Oak, Japanese Flowering Apricot, Japanese Maple, Japanese or Saucer Magnolia, Leyland Cypress, Lost Gordonia, Nellie R. Stevens Holly, Purpleleaf Plum, Redbay Persea, Redbud or Judas Tree, Savannah Holly, Sassafras, Sweetbay Magnolia, Trident Maple, Virginia Pine, Yaupon Holly, Weeping Yaupon Holly, Weeping Willow.

Shrubbery: Clayeria, Euonymus, Japanese Privet, California Privet, European Privet, Southern Waxmyrtle, Northern Bayberry, Pittsporum, Japan Yew, and Red Tip Photinia.

(13)

Dumpster screening standards.

(a)

Dumpsters shall be kept within enclosures which comply with the following criteria a wall that is at least six feet high. The outer face of the dumpster enclosure shall be located no less than five feet inside any lot line. The wall may be constructed out of masonry or stockade fencing. The wall shall be decoratively finished concrete, brick, stucco, or other material matching the exterior finish (if masonry) and color of the principal building.

(b)

Dumpsters shall be maintained in good working order with no leaks, shall have functional lids and shall be free of jagged or sharp edges or other inside obstructions which could prevent the free discharge of their contents.

(c)

Dumpsters shall be emptied by a collector licensed by the city at regular intervals as necessary to prevent accumulations and overflow of refuse. Dumpsters and surrounding areas within the enclosure shall not be used for disposal of special wastes, furniture, white goods, or hazardous substances. Dumpsters and the enclosure areas shall be maintained by the property owner free of such materials and overflowing refuse at all times. If a continuous problem of insufficient dumpster capacity is proven to exist, additional or larger capacity dumpsters and enclosures or increased frequency of pick-up shall be required in order to eliminate the overflow problem.

(d)

The base of the dumpster enclosure must be poured concrete, in accordance with the requirements of the Building Code. The base shall extend three feet beyond the front opening of the enclosure as an apron, and all concrete must be level with adjacent asphalt. All dumpster pads shall be at least two feet larger than the dumpster on all sides. Wheel stops or posts shall be permanently affixed to the pad at least one foot inside the perimeter of the pad to prevent the dumpster from striking the enclosure during collection.

(e)

Dumpsters and dumpster enclosures shall be located in a position accessible for collection by the equipment of the city licensed collector.

(f)

The dumpster enclosure shall be required for all properties utilizing dumpsters for recycling services.

(g)

The gates of the enclosure shall be constructed of a frame with opaque or translucent walls affixed thereto, and both frame and walls shall be of a material of sufficient strength to withstand normal use. Gates shall be attached to metal posts at least three inches in diameter with at least two hinges. Each gate shall have a wheel at the bottom to prevent sagging and shall have drop pins or rods to hold the gates in place in both open and closed positions. Gates shall remain closed at all times. The city licensed collector shall be required to close the dumpster gate after servicing each dumpster.

(h)

Each property owner may, at its option, provide a dumpster enclosure with a thirty-inch opening on one side, to enable a person to walk into the enclosure to deposit trash, garbage, refuse or recyclable materials.

(i)

Dumpsters and associated enclosures shall not be located on any required parking spaces.

(j)

Each property owner shall be responsible for the maintenance, upkeep and appearance of its dumpster enclosures. Property owners shall maintain dumpster enclosures in a manner which prevents the deterioration of its appearance and allows for the continued safe operation in compliance with this division.

Regulations for animals in residential districts can be found in Title 4, Chapter 3 of the Camilla City Code.

(1)

Before a building permit shall be issued for a conditional use, an application shall be made to the planning commission which, after public hearing and careful review of any applicable sections of this ordinance and the criteria below, may recommend to the city council the issuance of such permit or approval if in the judgment of the planning commission the application meets the criteria below and will not be detrimental to the health, safety and general welfare of the city.

(2)

The public notice and procedures for the required public hearings by the planning commission and the city council shall be as set forth in article XXI herein.

(3)

An application to establish a conditional use shall be approved following a public hearing and review by the planning commission, and a public hearing and determination by the city council that satisfactory provisions and arrangements have been made by the applicant concerning each of the following criteria, all of which are applicable to each application:

(a)

The proposed use shall not be contrary to the purpose of this article;

(b)

The proposed use shall not be detrimental to the use or development of adjacent properties or the general neighborhood nor affect adversely the health and safety of residents and workers;

(c)

The proposed use shall not constitute a nuisance or hazard or otherwise provide inadequate provisions regarding the following: the number of persons who will attend or use such facility; vehicular movements, ingress and egress to the subject property and generation of traffic, noise, odor, dust or vibration generation that negatively impacts surrounding properties; or type of physical activity;

(d)

The proposed use can be adequately serviced by public or private facilities providing necessary services such as water, wastewater treatment, stormwater management, parks, utilities, and schools;

(e)

The proposed use will not be affected adversely by existing uses, and the proposed use will be placed on a lot of sufficient size to satisfy the space requirements of said use; and

(f)

The parking and all development standards set forth for each particular use for which a permit may be granted can be met.

(4)

The planning commission may recommend and the city council may impose or require such additional restrictions and conditions as may be necessary to protect the health and safety of workers and residents in the community, to ameliorate any negative impacts of the proposal on surrounding properties, and to protect the value and use of property in the general neighborhood. Wherever the city council shall find, in the case of any permit granted pursuant to the provisions of these regulations that any term, conditions or restrictions upon which such permit was granted are not being complied with, said council shall rescind and revoke such permit after giving due notice to all parties concerned and granting full opportunity for a public hearing.

(5)

Conditional uses shall be implemented within a period of 12 months from the time the use is granted or becomes null and void and subject to procedures for resubmission as established above and are subject to all other applicable laws and regulations.

(1)

The planning commission shall authorize, after public hearing, in specific cases such variances from the terms of this ordinance as will not in its opinion, be contrary to the public interest, where owing to special conditions, a literal enforcement of this ordinance will, in an individual case, result in unnecessary hardship. Such variance may be granted in such individual cases of unnecessary hardship upon consideration of the following criteria:

(a)

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography;

(b)

The application of the ordinance to this particular piece of property would create an unnecessary hardship;

(c)

Such conditions are peculiar to the particular piece of property involved; and

(d)

Relief, if granted, would not cause substantial detriment to the public interest or impair the purposes and intent of this ordinance, provided, however, that no variance may be granted for a use of land or building which is prohibited by this article. The city will control the actual use of properties through zoning and conditional uses and not through variance.

(2)

In exercising the above powers, the city council shall not consider any nonconforming use of neighboring lands, structures or buildings in the same district, nor permitted use of lands, structures, or buildings in other districts, as grounds for the issuance of a variance.

(3)

The public notice and procedures for the required public hearings by the planning commission shall be as set forth in article XXI.

(4)

If the planning commission grants a variance the reason for such variance must be put forth clearly in the minutes of the meeting at which the variance was granted.

(5)

Variances shall be implemented within a period of 12 months from the time the variance is granted or become null and void and subject to procedures for reapplying and are subject to all other applicable laws and regulations.

(6)

Any person aggrieved by a final decision of the planning commission regarding a variance is authorized to seek review of such decision by the Camilla Board of Zoning Appeals for a writ of certiorari, setting forth plainly, fully and distinctly the alleged error(s). Such petition shall be filed within 30 days after the final decision of the planning commission is rendered.

(1)

In order to assure that the requirements of this ordinance are complied with, all applications for a building permit shall be accompanied by a building site plan which shall conform to the following list of requirements and which shall be reviewed by the city planner, or his duly authorized representative, to determine compliance with this article before a building permit is issued. A building permit application shall not be issued for proposed site plans that do not meet all of the following requirements:

(a)

The site plan shall be drawn to scale. The planning director, or his designee, may request that the plan be drawn by a registered engineer or surveyor certified to work in Georgia if questions of flood zone locations exist within the property for which a building permit is being sought.

(b)

The plan shall show the complete outline of each proposed building at the location it is proposed to be built. The plan shall also show the actual size of the building to be erected. The plan shall also show all existing structures located on the property and their exact dimensions.

(c)

The plan shall show all property lines. The plans shall also show the actual dimensions of the lot to be built upon.

(d)

The plan shall show all required property setback lines. No part of any permanent structure shall encroach upon or violate any required setback.

(e)

The plan shall show the exact location of all easements on the property. No part of any permanent structure shall encroach upon any easement.

(f)

The plan shall show all parking, driveways, well location, septic tank location, drainfield location, trees larger than 24 inches in caliper and landscape buffers and all other requirements as set out in this ordinance.

(g)

The plan shall show all other structures on adjacent lots within ten feet of the appropriate property line.

(h)

The plan shall show front, side, and rear elevations indicating the building height from finished grade.

(2)

After the planning director or his duly authorized representative has approved the site plan such approval shall be noted on the permit application.

(3)

Before construction begins, the builder shall locate and clearly mark all lot corners.

(4)

At the time the building inspector conducts the foundation inspection, he may undertake whatever measurements he may deem appropriate including, but not limited to, measurements from the property lines to the proposed outermost edge of the building, so as to assure compliance with the approved site plan.

Flag lots shall be subject to the following regulations:

(1)

Flag lots shall be measured from the mid-point between two opposite lot lines of the flag portion of the lot.

(2)

When calculating lot area the pole portion shall not be counted.

(3)

The minimum required lot area shall be the same as that required in the zoning district in which it is located.

(4)

The access pole must be part of the flag lot and must be under the same ownership as the flag portion. An easement shall not be allowed as a means of access to a flag lot.

(5)

Flag lots shall not be permitted whenever their effect would be to increase the number of driveways taking access to a collector or arterial road. Shared driveways shall be used to eliminate additional points of access. This criterion prohibits one of the most common abuses, the use of flag lots to avoid the developmental costs of roads. These sites are best developed without flag lots, even if the cost of the lots is thereby increased, since controlling access reduces congestion on major roads.

(6)

Any land division that creates one or more lots, flag or otherwise, with or without common access shall be a minor subdivision and shall meet all applicable regulations of the city subdivision ordinance.

(7)

All applicable regulations of the subdivision regulations must be met.

(8)

Flag lots have required building setbacks that must meet the requirements in the zoning district in which it is located. The pole portion shall not be considered when determining required building setbacks.

(9)

The access pole shall have a minimum width of 30 feet and shall not be greater than or equal to the minimum required width for building in the applicable zoning district. The purpose of this maximum width criterion is to prevent an abuse of flag lots in order to circumvent the city's length versus width requirement in the subdivision of lots. The maximum length of the pole of the lot shall be no more than five times the lot width of the flag portion.

Walls or fences shall be permitted in any zoning district and are not subject to setback requirements, except that in a residential zoning district:

(1)

No wall or fence shall exceed eight feet in height within a side yard or rear yard.

(2)

Any wall or fence that extends into the front yard shall not exceed four feet in height, except fences enclosing stormwater facilities that may not exceed six feet in height. Any wall or fence that extends into the front yard shall not be built within five feet of the right-of-way.

(3)

Fences on corner lots are required to meet the regulations for front yards on both sides facing the streets and must maintain a sight visibility clear zone

(4)

Fences enclosing tennis courts may not exceed 12 feet in height.

(5)

No wall or fence constructed of woven wire or metal fabric (hog wire, barbed wire, or similar types of fencing) shall extend into a front yard, except fences enclosing stormwater facilities that may be vinyl coated chain link. No wall or fence shall be constructed of exposed concrete block, tires, junk, wooden pallets, or other discarded materials. Chain link fences are expressly allowed in front yards.

(6)

Any wall or fence that extends into the required front yard shall be ornamental or decorative and constructed of brick, stone, wood, stucco, wrought iron, split rail, or similar material.

(7)

Any subdivision entrance, wall or fence shall not exceed eight feet in height and shall be subject to approval of the director of planning.

(8)

Above-ground electric and barb wire fences shall be prohibited in residential districts except on lots that meet or exceed the minimum requirements for the raising and keeping of livestock (five acres) and then must only be located in the rear yard.

(9)

For the purpose of measuring the height of a fence under this section, such measurements shall be made from the ground directly below the fence and not from the bottom of the fence itself.

(1)

Sidewalks shall be located:

(a)

Along the street frontage of all non-residential developments. The planning director may waive the installation of sidewalks if the development is agricultural or located on a rural road section.

(b)

Along the street frontage of all developments within a one-half mile radius of any public school.

(c)

Along the interior streets of all residential developments with a minimum lot size of three-quarters acre or smaller.

(2)

Sidewalks shall be installed on one side of the street if there are fewer than 100 homes in the entire development. Sidewalks shall be installed on both sides of the street if there are more than 100 homes in the entire development. The total number of lots in a development shall be calculated using all phases of the development, including phases already completed, phases included on the approved general development plan, and phases completed by other developers with the same subdivision name.

(3)

Sidewalks in subdivisions shall be continued to the nearest arterial street.

(4)

Sidewalks shall be constructed in accordance with the latest standards set forth in the American's with Disabilities Act (ADA) Standards for Accessible Design. The latest standards can be found at https://www.ada.gov.

(5)

The home builder shall install sidewalks along the entire frontage of each permitted dwelling prior to the certificate of occupancy (CO) being issued for the residence. Prior to commence of construction of the residential development, the developer of the residential subdivision shall post a bond in the estimated amount of 125 percent of the total cost of the sidewalk construction and installation for a period of two years from the date that such bond that such bond is posted. At the expiration of the two-year period, sidewalks shall be constructed by the developer in front of any lots where sidewalks have not already been installed by the home builder. Any damage to existing sidewalks caused by the developer or the home builder, or their respective agents or subcontractors, during construction on individual lots shall be repaired by the individual lot permit holder prior to a certificate of occupancy being issued for the residence being constructed.

No building permit shall be issued and no building shall be occupied until public water and sewer, if available, are connected and in usable condition.

(1)

Purpose and intent. This section is intended to address the regulation of nontraditional living arrangements in existing single-family residential neighborhoods as well as in other zoning districts throughout the community. It is adopted in response to concerns that these types of living arrangements could impact the residential character of the neighborhoods in which they are located. This section is designed to help protect the character and stability of the city's neighborhoods while also maintaining a non-institutional setting for this type of housing.

(2)

Applicability. No person shall established or operate a community residence (as defined in this ordinance), or let a person occupy any rooming unit in any community residence except in compliance with the provisions of this article.

(3)

Business registration of existing community residence. No person shall operate a community residence unless he holds a valid occupational tax certificate (OTC) issued in the name of the operator and for the specific dwelling. Property owners operating a community residence shall register the community residence as an existing business within 120 days from the effective date of this section. It shall be unlawful to continue to use or operate a community residence in the city after 120 days from the effective date of this section, unless the community residence has been registered with the city. The city shall compile and maintain a list of registered community residences.

(4)

Occupational tax certificate application requirements. The application for an OTC shall include the agent of the property and the resident manager as applicable. The applicant for an OTC required by this section shall file while the application the following:

(a)

A copy of the recorded plat for the property;

(b)

A site plan, if no current as-built survey exists;

(c)

A parking plan for the structure detailing where and how many vehicles are to be parked on site including a written statement describing the plan.

(d)

A floor plan of each floor of the building. Said floor plan shall be drawn to an acceptable architectural scale and shall show all stairs, halls, the location and size of all windows, the location and size of habitable rooms and the exits of each floor to be occupied. The intended use of every room in the building must be indicated on the floor plans submitted. For residences with seven or more occupants (excluding employees or managers) complete architectural plans signed by a registered architect are required, and;

(e)

A written statement indicating the number of persons proposed to be accommodated or allowed on each floor. Services to be provided, if any.

(i)

Upon receipt of a complete application, the property may be assigned a conditional OTC. Conditional OTC's are granted to provide the applicant the local documentation necessary to apply for any required state license. This will be converted to permanent status when proof of state licensing is presented if applicable. Failure to provide a copy of the state license within six months voids the conditional OTC.

(5)

State license. When licensing is required by the state for the operation of a community residence as defined by this ordinance, proof of such license must be presented to obtain a permanent OTC. All such facilities shall display both their state license and OTC so they are plainly visible from the front doorway of the facility.

(6)

Inspection. All community residences must obtain fire and electrical inspections (where necessary, as a requirement of state or local laws) before either a certificate of occupancy or OTC may be issued or renewed by the city. Certification evidencing satisfactory inspections must be displayed in plain view visible from the front doorway of the facility.

(7)

Distance separation. Community residences shall be separated from any other community residence by a minimum of 1000 feet as measured from the property line of the existing licensed establishment to the property line of the proposed location. The method of measurement shall be the direct route of travel along a paved or otherwise improved route appropriate for public vehicular, bicycle or pedestrian traffic.

(8)

Appointment of agent and agent responsibilities. As part of the registration process, property owners of existing and new community residences shall appoint an agent, who lives in Mitchell County, as the person responsible for the property. The designated agent shall be available to be contacted 24 hours a day, seven days a week. The agent is the party designated to receive all notices from the city concerning the use of the property. The name and telephone number of the agent responsible for the community residence will be provided by the city to any neighbors who contact the city with complaints about the community residence. The designated agent for the property shall be responsible for responding expeditiously to any complaints received by the city and problems if they occur.

(9)

Occupancy. Maximum occupancy for any structure is determined by the location's zoning designation and the International Property Maintenance Code requirements.

(10)

Construction, renovation, site improvements and design requirements. In all residentially zoned districts, the square footage of an existing dwelling shall not be enlarged by more than 25 percent to facilitate use of the structure as a community residence. In no case shall alterations be permitted to an existing community residence for the purpose of increasing the number of persons served by such facility. Exterior modification of an existing dwelling and provision of required parking shall be compatible with the residential character of the surrounding neighborhood design and scale including landscaping. Any new construction shall be compatible with the residential character, scale and materials of the surrounding neighborhood and comply with historic district guidelines where applicable.

(11)

Signage. Community residences must comply with the sign ordinance provisions in the zoning regulations for the underlying zoning district where the structure is located.

(12)

Parking. Parking congestion must be avoided. Both on-site and off-site parking shall conform to the standards contained elsewhere in this ordinance and be designed in such a way so as to be compatible with the residential character of the surrounding neighborhood.

(13)

Responsibility for maintenance. The property owner, property agent, and resident manager (where applicable) of each community residence shall be individually responsible for the maintenance of safe and sanitary conditions in every part of the community residence. This is to include the maintenance of the exterior of the structure and landscaping. Exterior maintenance must be such that the structure's outward appearance is that of a residence, so as not to detract from the residential character of the neighborhood. Failure to meet these standards is grounds for nonrenewal of the location's OTC.

(14)

Appeals. A variance from these requirements may be requested in cases where the strict adherence to the regulations would cause an undue hardship upon the applicant. Such a variance may only be granted to provide reasonable accommodations. The appeal process shall be governed by article XXII of the City of Camilla Zoning Ordinance.

(15)

Reasonable accommodation.

(a)

Purpose. It is the policy of the City of Camilla, pursuant to the Fair Housing Amendments Act of 1988, to provide individuals with disabilities reasonable accommodation in regulations and procedures to ensure equal access to housing, and to facilitate the development of housing for individuals with disabilities. The purpose of this section is to provide a formal procedure under which a disabled person may request a reasonable accommodation in the application of zoning policy, practice or procedures, and to establish relevant criteria to be used when considering such requests, all so as not to limit meaningful access to housing for the disabled.

(b)

Applicability. Reasonable accommodation in the land use and zoning context means providing individuals with disabilities, or developers of housing for people with disabilities, flexibility in the application of land use and zoning and building regulations, policies, practices and procedures; or even waiving certain requirements when it is necessary to eliminate barriers to housing opportunities.

An individual with a disability is someone who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment. A request for reasonable accommodation may be made by an individual with a disability, his or her representative; or a developer or provider of housing for individuals with disabilities, when the application of a land use or zoning policy, practice or procedure acts as a barrier to fair housing opportunities.

This section is intended to provide for minor structural modifications and/or regulatory exceptions. Nothing in this section shall be interpreted to require the city to waive or reduce development or building fees associated with the granting of a reasonable accommodation request.

(c)

Application. Requests for reasonable accommodation shall be in writing and provide the following information:

(i)

Required information:

• Applicant's name, address, and telephone number;

• Address of the property for which the request is being made;

• The name and address of the property owner and the owner's written consent to the application;

• The current use of the property;

• General information about the nature of the disability of the subject individual(s) that are the focus of the request;

• Zoning code provision, regulation or policy from which accommodation is being requested;

• Explain how the requested accommodation relates to the needs of the disabled person(s).

(ii)

Review with other land use applications: If the project for which a reasonable accommodation request is being submitted also requires some other land use approval (such as a rezoning) then the applicant shall submit the reasonable accommodation application first for a determination before proceeding with the other applications.

(d)

Approval authority.

(i)

Director of planning. The director of planning has the authority to review and decide upon requests for reasonable accommodation, including whether the applicant is a disabled person within the meaning of this chapter. The director of planning may refer the matter to the planning commission and/or the historic preservation commission as appropriate,

(ii)

Planning commission. The planning commission has the authority to review and decide upon requests for reasonable accommodation, including whether the applicant is a disabled person within the meaning of this chapter, when referred by the director of planning or when a reasonable accommodation request includes any other land use request.

(iii)

Historic preservation commission. The historic preservation commission has the authority to decide upon requests for reasonable accommodation; including whether the applicant is a disabled person within the meaning of this chapter, when referred by the director of planning or when a reasonable accommodation request includes any exterior design modifications on historic homes.

(e)

Notice requirements. No advance notice or public hearing is required for consideration of reasonable accommodation requests before the director of planning. Requests for reasonable accommodation subject to review by the planning or historic preservation commissions shall require advance notice but no public hearing. In this situation, advance notice shall be accomplished by including the request in the advertisement of the meeting agenda.

(f)

Decision. The director of planning shall render a written decision or refer the matter to the planning commission within seven days after the application is complete. The planning or historic preservation commission shall approve, approve with conditions or deny the application, in writing, within 30 days of receiving the application from the director of planning.

(g)

Findings. The reviewing authority shall approve the application, with or without conditions, if it can make the following findings:

(i)

The housing will be used by a disabled person;

(ii)

The requested accommodation is necessary to make specific housing available to a disabled person;

(iii)

The requested accommodation would not impose an undue financial or administrative burden on the city; and

(iv)

The requested accommodation would not require a fundamental alteration in the nature of a city program or law, including land use and zoning.

(h)

Appeal. A decision by the director of planning may be appealed within 30 days to the planning commission and a decision of the planning or historic preservation commission may be appealed to the board of zoning appeals within 30 days.

(i)

Fees. There shall be no fee for an application requesting reasonable accommodation. If the project for which the request is being made requires other planning permit(s) or approval(s), fees for applicable applications shall apply as established. There shall be no fees for appeals to decisions on reasonable accommodation.

(16)

Definitions.

Child care institutions (CCI): Any child-welfare facility which either primarily or incidentally provides full-time room, board and watchful oversight to six or more children through 18 years of age outside of their own homes, as licensed or commissioned by Georgia Department of Human Services, Office of Residential Child Care (ORCC). This may include, at the discretion of the planning director, child caring facilities also regulated by ORCC for individuals up to 21 years of age, including Outdoor Child Caring Programs (OCCP), Children's Transition Care Centers (CTCC), Maternity Homes, and Runaway and Homeless Youth Programs (RHYP).

Community living arrangement (CLA): Any residence, whether operated for profit or not, that undertakes through its ownership or management to provide or arrange for the provision of daily personal services, supports, care, or treatment exclusively for two or more adults who are not related to the owner or administrator by blood or marriage and whose residential services are financially supported, in whole or in part, by funds designed through the department of behavioral health and development disabilities (DBHDD).

Community residence: A dwelling unit occupied by two or more typically unrelated persons as their normal place of residence, but in which separate cooking facilities are not provided for such resident persons. The term community residence includes but is not limited to fraternity house, sorority house, rooming house, boarding house, community living arrangement and personal care home. A retirement community, nursing home, hotel or motel or bed and breakfast inn shall not be deemed to be a group residence as herein defined.

Memory care services: means the additional watchful oversight systems, program, activities and devices that are required for residents who have cognitive deficits which may impact memory, language, thinking, reasoning, or impulse control, and which place the residents at risk of eloping, i.e. engaging in unsafe wandering activities outside the home.

Memory care unit: means the specialized unit or home that either holds itself out of providing memory care services or provisions personal services in secured surroundings.

Personal care home: A building(s) in which housing, meals, and twenty-four-hour continuous watchful oversight for two or more adults are provided and which facility is licensed or permitted as a personal care home by the State of Georgia. The term personal care home shall not include a child caring institution, transitional housing, a rehabilitation housing facility, a rooming house, a boardinghouse, or any facility that provides residential services for federal, state or local correctional institutions. Personal care home includes a community living arrangement, which is an establishment licensed by the state which undertakes through their ownership or management to provide or arrange for the provision of daily personal services, care or treatment for two or more adults who are not related to the owner or administrator and whose residential services are financially supported, in whole or in part, by funds designated through the department of behavioral health and developmental disabilities. The term also includes memory care units which provide memory care services in a secured environment.

Family personal care home: A personal care home in a family type residence, non-institutional in character, which offers care for two to six adults.

Group personal care home: A personal care home in a residence or other type of building that is non-institutional in character and offers care for seven to 12 adults.

Congregate personal care home: A personal care home that offers care to 16 or more adults.

Personal services: includes, but is not limited to, individual assistance with or supervision of self-administered medication, assistance with ambulation and transfer, and essential activities of daily living such as eating, bathing, grooming, dressing, and toileting.

Private home care provider: Provides "private home care services" which means an agency that is licensed to provide through its own employees or agents services at a client's residence that involves direct care to that client and includes nursing services, personal care tasks and companion or sitter tasks.

Recovery residences: Housing for persons released from prison, jailor mental health facility who need a more restrictive environment than outpatient services to establish or maintain abstinence from alcohol and other drugs and criminal or other behavioral issues. Recovery residences are categorized according to the intensity of the substance abuse services/counseling that is delivered.

Standard recovery residences require all residents to attend one or more hours of substance abuse services or counseling, or mental health counseling per week.

Intensive recovery residences require all residents to attend five or more hours of substance abuse counseling, or mental health counseling per week, delivered by certified substance abuse counselors.

Rooming, lodging or boarding house: A dwelling unit within which a resident family or manager offers lodging or lodging and meals, but no other personal services, to two or more unrelated adults in exchange for monetary compensation or other consideration.

Structured housing: Housing for individuals who meet prison-release eligibility requirements but who do not have an available residence and for probationers or parolees who become displaced. Does not include substance abuse or mental health treatment, although other programs may be provided. Attendance at available programs is not required in structured housing.

Transitional housing facility: A building or buildings in which is provided long-term but no permanent living accommodations for more than six persons who have no permanent residence and are in need of long-term housing assistance.

The purpose of this article is to permit business enterprises within a residence, thereby promoting small business opportunities. Such business enterprises, referred to as home occupations, are permitted in all of the residential zones, both owner-occupied and leased properties, provided the proposed occupation satisfies the definition of home occupation as stated in article II, and to applicable city, county, or state regulations. A home occupation is not intended to provide walk-in or retail services, thereby replacing commercially zoned properties.

(1)

Application requirements. Any member of a family occupying a dwelling may make application with the planning director. Such application shall contain the following:

(a)

Site address, mailing address, assessor's map number, and tax lot number of the property;

(b)

A written description of the proposed home occupation in business letter format addressed to the planning director and containing all contact information. If the proposed location of the home occupation is a leased property a letter and signature from the property manager or owner is required; and

(c)

A nonrefundable filing fee in an amount, which shall be established, and may be changed, by general resolution or ordinance by the city council.

(2)

Level of review.

(a)

TYPE 1: Approval by the planning director. In order to administratively approve a home occupation (Type 1), the planning director, or his/her designee must find that the application satisfies the following standards for home occupations:

(i)

The occupation is to be carried on within a residential building and only by members of the family occupying the dwelling unit.

(ii)

The residential character of the main building or accessory dwelling unit must be maintained.

(iii)

The business must be conducted in such a manner as not to give an outward appearance, nor outwardly manifest any characteristic of a business, except as permitted by article XIX.

(iv)

The occupation must not infringe upon the livability of the neighborhood and its residents to enjoy the peaceful occupancy of their homes.

(v)

No increase in traffic or noise may be expected other than that attributed to normal residential usage or infrequent deliveries. Customers or clients shall not be visiting the home occupation to conduct business; instead the business owner shall go to the customer or client.

(vi)

The subject property has no outstanding general nuisance or building code violations.

(b)

TYPE 2: Administrative review. Home occupations that may have noticeable impacts on the neighborhood, such as an increase in traffic, noise, or odor, will require a petition of signatures of neighboring property owners. If needed, the planning director may schedule a public hearing before the planning commission.

(c)

Uses that will not be permitted for a home occupation include any form of motor vehicle and/or engine repair.

(3)

Referral to planning commission. Whenever there is a question as to whether an application satisfies the home occupation standards, such as the Type 2, the planning director will require a petition with the approval of all of the owners (or their representatives) of abutting or immediately adjacent properties, and two-thirds of the remaining property owners (or their representatives) within 300) feet of the exterior boundaries of the subject property. If the planning director does not receive the necessary signatures, the applicant shall be referred to the planning commission for consideration. The planning commission shall hold a public hearing within 60 days of the date the application was filed with the city, and notice of the public hearing shall be provided as set forth in section 21.03, with the exception that only property owners within 300) feet of the subject property shall be notified by mail, which includes all residents of adjoining property. The applicant shall be responsible for the fees associated with the home occupation application process. The application shall be approved if the planning commission finds that the home occupation satisfies the conditions of subsection 3.22(2), above. The planning commission may place conditions on the approval if such conditions will effectively allow the home occupation to satisfy the criteria of subsection 3.22(2).

(4)

Appeal. An administrative decision by the Planning Director may be appealed to the planning commission, and a planning commission decision may be appealed to the board of zoning appeals, pursuant to the provisions of section 22.08.

(5)

Effect. A business license for the home occupation shall not be issued until a seven working day appeal period of an administrative approval has elapsed from the date of approval. An appeal shall automatically stay the issuance of the license until such appeal has acted thereon. In the event the planning commission or zoning board of appeals acts to approve the home occupation when it is appealed, the business license may be issued immediately thereafter. The business license shall indicate that the business is a home occupation and shall give the date of approval of same by the planning director, the planning commission, or the zoning board of appeals. The license for a home occupation shall not be transferable, and the privileges it grants shall be limited to the person(s) named on it and to the location and activity for which it was issued.

(6)

Review and enforcement. The granting of a business license for a home occupation shall be, at a minimum, subject to an annual review by the planning director or planning commission. If it is determined that the home occupation requirements are not being completely fulfilled, the planning director may refer said home occupation to the planning commission to review in accordance with the criteria of subsection 3.22(2), above.

It is the purpose of this regulation to promote the safe, effective and efficient use of solar energy systems installed to reduce the on-site consumption of utility supplied energy and/or hot water as a permitted accessory use while protecting the health, safety and welfare of adjacent and surrounding land uses through appropriate zoning and land use controls. A solar energy system shall be permitted in any zoning district as an accessory to a principal use herein and subject to specific criteria as set forth below. Where said general standards and specific criteria overlap, the specific criteria shall supersede the general standards.

The installation and construction of a solar energy system shall be subject to the following development and design standards:

(1)

A solar energy system is permitted in all zoning districts as an accessory to a principal use.

(2)

A solar energy system may be roof mounted or ground mounted.

(3)

A roof mounted system may be mounted on a principal building or accessory building. A roof mounted system, whether mounted on the principal building or accessory building, may not exceed the maximum principal building height or accessory building height specified for the building type in the underlying zoning district. In no instance shall any part of the solar energy system extend beyond the edge of the roof.

(4)

All solar energy systems shall not exceed the maximum building height.

(5)

The surface area of a ground mounted system, regardless of the mounted angle, shall not exceed more than 15 percent of the lot area.

(6)

A ground mounted system or system attached to an accessory building shall not be located within the required front yard.

(7)

The minimum solar energy system setback distance from the property lines shall be equivalent to the building setback or accessory building setback requirement of the underlying zoning district.

(8)

All mechanical equipment associated with and necessary for the operation of the ground solar energy system shall comply with the following:

(a)

Mechanical equipment shall be screened from any adjacent property. The screen shall consist of shrubbery or trees which provide a visual screen. In lieu of a planting screen, a decorative fence meeting the requirements of the zoning ordinance may be used.

(9)

Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways.

(10)

All power transmission lines from a ground mounted solar energy system to any building or other structure shall be located underground.

(11)

A solar energy system shall not be used to display advertising, including signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners or similar materials. The manufacturers and equipment information, warning, or indication of ownership shall be allowed on any equipment of the solar energy system provided such information is discrete and not easily visible from the public view.

(12)

A solar energy system shall not be constructed until a building/zoning permit has been approved and issued. Installer shall be approved or licensed by the solar equipment manufacturer.

(13)

The design of the solar energy system shall conform to applicable industry standards. A building permit shall be obtained for a solar energy system. Existing roof structures shall be assessed by a licensed structural engineer to assure the structural integrity of the roof to support a solar system.

(14)

The solar energy system shall comply with all applicable city ordinances and Georgia Building Code requirements.

The purpose of this section is to promote and protect the public health, welfare and safety by regulating yard, garage, and porch sales that occur in residential zoned districts. It is intended to protect the property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community, and preserve the scenic and natural beauty of designated areas. It is further intended to eliminate distractions and obstructions that may contribute to traffic accidents, and enhance community development in these areas.

(1)

Definitions. As used in this section:

Dwelling unit: Means a structure or the part of a structure that is used as a home, residence, or sleeping place by one person who maintains a household or by two or more persons who maintain a common household.

Multiple dwelling unit property: means any single parcel or jointly owned contiguous parcels of property that contain more than one dwelling unit on that property. Multiple dwelling unit properties include but are not limited to: multi-family homes, duplexes, apartment units, or manufactured home communities.

Organized private sale or OPS: means any garages, porch, or yard sale, or any sale of goods by an individual person organized to occur on a person's private property, residential premises, or dwelling unit. An OPS does not include retail or commercial sales of goods that occur at a business of commercial property that is in compliance with zoning codes.

Permit: means the permit required for an OPS event, by each residential premise or dwelling unit participating in the sale of goods at the OPS. Each permit shall comply with the form on file with the Clerk/Treasurer of the City of Camilla, in order to be valid.

Residential premises: means a dwelling unit for residential use and occupancy and the structure of which it is a part, the facilities and appurtenances in it, and the grounds, area, and facilities for the use by a single family to reside. This definition does not include a unit, structure, or facility for the use by the owner or of tenants solely for commercial or business activity.

Sign: means any structure, vehicle, or natural object, such as a tree, rock, bush or the ground itself, or part thereof, or device attached thereto or painted or represented thereon, which shall be used to attract attention to any organized private sale, or which is in the nature of, an announcement, direction or advertisement for an OPS event or events.

(2)

Limitations. The following limitations shall apply to any OPS or any sign within the territorial limits of the City of Camilla.

(a)

No organized private sale shall be permitted in any area zoned commercial or industrial.

(b)

An organized private sale may be permitted only in areas zoned residential, so long as each organized private sale complies with section 3.24.

(c)

No organized private sale shall be permitted unless the permit from the City of Camilla is obtained at least three days before the start of each organized private sales event and the organized private sale shall:

(i)

Not [to] exceed a maximum duration of two consecutive days per OPS event;

(ii)

Not take place on lots, parcels, or properties not specified in the Permit;

(iii)

Not be staffed by or operated by a person or persons who are not identified by name and residential address in the permit;

(iv)

Not negatively affect neighboring properties by excessive trash, refuse, or parking that impedes the flow of traffic on nearby streets;

(v)

Be limited to a maximum of two OPS events each calendar year, per residential premises or dwelling units;

(vi)

Be limited to a maximum of two OPS events each calendar year, per multiple dwelling unit property;

(vii)

Permit must be on hand during the entire OPS event.

(d)

No sign relating to an OPS shall be placed, erected, affixed, or overhung in any public right-of-way or supported, braced or guyed from or to the public a sidewalk, street, alley or public thoroughfare, to traffic control, directional, or public right-of-way identification signs, to the surface of a public mailbox located in a public right-of-way, or to the property of publicly owned utilities.

(i)

No signs directing and guiding traffic and parking onto private property for an OPS event shall be placed, erected, affixed, or overhung on public property.

(ii)

No signs relating to an OPS event shall be placed, erected, affixed, or overhung that exceed three square feet in area.

(iii)

No signs relating to an OPS event shall be placed, erected, affixed, or overhung that violate the provisions of Chapter 6, Article E of the Camilla City Code.

(e)

Any sign relating to an OPS event shall only be placed, erected, affixed, or overhung on private property with the written permission of the true property owner where the sign is located.

(i)

Any person who obtains written permission pursuant to this section shall maintain a copy of any written authorization, and disclose the any written authorization to the Camilla Zoning Administrator upon request.

(ii)

No sign relating to an OPS event shall be placed, erected, affixed, or overhung more than 48 hours before the first day of the OPS event. Any person responsible for a sign relating to an OPS event shall remove any such signs within 24 hours after the conclusion of the OPS event.

(f)

Any property manager for a multiple dwelling unit property, that is participating in the operation of an OPS, shall obtain the permit, and each participating dwelling unit shall also obtain the permit, pursuant to subsections 3.24(2)(c),(d), and (e).

(i)

There shall be one permit request for the multiple dwelling unit property and one additional permit for the persons conducting the OPS from dwelling unit contained therein for each OPS event.

(ii)

Both applicants to who the permits are issued shall be jointly and severally responsible for maintaining the OPS and signs therewith pursuant to section subsections 3.24(2)(c),(d), and (e).

(iii)

Any member of another residential premises or another dwelling unit who participates in the operation of an OPS at another residential premises or another dwelling unit, shall also obtain the permit pursuant to subsections 3.24(2)(c),(d), and (e), in order to participate at an OPS event that occurs at a location that is not his or her residential premises or dwelling unit.

(iv)

Both applicants to whom the permits are issued shall be jointly and severally responsible for maintaining the OPS and signs therewith pursuant to sections subsection 3.24(2)(c),(d), and (e).

(3)

Exceptions. The provisions of section 3.24 shall not apply to the annual City of Camilla Gnats Days festival or during City of Camilla Chamber of Commerce sponsored events.

(4)

Violations.

(a)

Any person who violates any provision of this section shall be fined not more than $100.00. A separate offense shall be deemed committed each day during or on which a violation occurs or continues to occur.

(i)

Any non-compliant signs are subject to immediate removal.

(b)

This section shall be enforced by the City of Camilla Code Enforcement.

The purpose of this wireless telecommunications ordinance is to ensure that residents, public safety operations and businesses in the City of Camilla have reliable access to wireless telecommunications networks and state of the art communications services while also ensuring that this objective is achieved in a fashion that preserves the intrinsic aesthetic character of the community and is accomplished according to the City of Camilla's zoning, planning, and design standards. The Telecommunications Act of 1996 preserved, with certain limitations, local government land use and zoning authority concerning the placement, construction, and modification of wireless telecommunications facilities.

To accomplish the above stated objectives and to ensure that the placement, construction or modification of wireless telecommunications facilities complies with all applicable Federal laws and is consistent with the City of Camilla's land use policies, the City of Camilla adopts this single, comprehensive, wireless telecommunications ordinance. No provisions of this ordinance shall apply to the siting of distributed antenna systems (DAS) or wireless facilities located within and intended to provide wireless coverage within a structure.

This ordinance establishes parameters for the siting of wireless telecommunications facilities. By enacting this ordinance it is the City of Camilla's intent to:

• Ensure the City of Camilla has sufficient wireless infrastructure to support its public safety communications throughout the City of Camilla;

• Ensure access to reliable wireless communications services throughout all areas of The City of Camilla;

• Encourage the use of existing structures for the collocation of telecommunications facilities;

• Encourage the location of support structures, to the extent possible, in areas where any potential adverse impacts on the community will be minimized;

• Facilitate the responsible deployment of telecommunications facilities in residential areas to ensure comprehensive wireless services across the City of Camilla;

• Minimize the potential adverse effects associated with the construction of monopoles and towers through the implementation of reasonable design, landscaping, and construction practices;

• Ensure public health, safety, welfare, and convenience.

(1)

Definitions. For the purposes of this ordinance, the following definitions apply:

Abandon: Occurs when an owner of a support structure intends to permanently and completely cease all business activity associated therewith.

Accessory equipment: Any equipment serving or being used in conjunction with a telecommunications facility or support structure. This equipment includes, but is not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or other structures.

Administrative approval: Zoning approval that the [zoning administrator] or designee is authorized to grant after administrative review.

Administrative review: Non-discretionary evaluation of an application by the planning director or designee. This process is not subject to a public hearing. The procedures for administrative review are established in subsection 3.25(3)(e) of this ordinance.

Antenna: Any structure or device used to collect or radiate electromagnetic waves for the provision of services including, but not limited to, cellular, paging, personal communications services (PCS) and microwave communications. Such structures and devices include, but are not limited to, directional antennas, such as panels, microwave dishes and satellite dishes, and omnidirectional antennas, such as whips. This definition does not apply to broadcast antennas, antennas designed for amateur radio use, or satellite dishes designed for residential or household purposes.

Carrier on wheels or cell on wheels ("COW"): A portable self-contained telecommunications facility that can be moved to a location and set up to provide wireless services on a temporary or emergency basis. A COW is normally vehicle-mounted and contains a telescoping boom as the antenna support structure.

Collocation: The act of siting telecommunications facilities on an existing structure without the need to construct a new support structure and without a substantial increase in the size of an existing structure.

Concealed telecommunications facility: Any telecommunications facility that is integrated as an architectural feature of an existing structure or any new support structure designed so that the purpose of the facility or support structure for providing wireless services is not readily apparent to a casual observer.

Existing structure: Previously erected support structure or any other structure, including but not limited to, buildings and water tanks, to which telecommunications facilities can be attached.

Major modifications: Improvements to existing telecommunications facilities or support structures that result in a substantial increase to the existing structure. Collocation of new telecommunications facilities to an existing support structure without replacement of the structure shall not constitute a major modification.

Minor modifications: Improvements to existing structures that result in some material change to the facility or support structure but of a level, quality or intensity that is less than a substantial increase. Minor modifications include the replacement of the structure.

Monopole: A single, freestanding pole-type structure supporting one or more antenna. For purposes of this ordinance, a monopole is not a tower.

Ordinary maintenance: Ensuring that telecommunications facilities and support structures are kept in good operating condition. Ordinary maintenance includes inspections, testing and modifications that maintain functional capacity, aesthetic and structural integrity; for example the strengthening of a support structure's foundation or of the support structure itself. Ordinary maintenance includes replacing antennas of a similar size, weight, shape and color and accessory equipment within an existing telecommunications facility and relocating the antennas of approved telecommunications facilities to different height levels on an existing monopole or tower upon which they are currently located. Ordinary maintenance does not include minor and major modifications.

Replacement: Constructing a new support structure of proportions and of equal height or such other height that would not constitute a substantial increase to a pre-existing support structure in order to support a telecommunications facility or to accommodate collocation and removing the pre-existing support structure.

Substantial Increase: Occurs when:

(a)

The mounting of the proposed antenna on an existing structure would increase the existing height of the existing structure by more than ten percent, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater, except that the mounting of the proposed antenna may exceed the size limits set forth in this paragraph if necessary to avoid interference with existing antennas; or

(b)

The mounting of the proposed antenna would involve the installation of more than the standard number of new equipment cabinets for the technology involved, not to exceed four, or more than one new equipment shelter; or

(c)

The mounting of the proposed antenna would involve adding an appurtenance to the body of the existing structure that would protrude from the edge of the existing structure more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater, except that the mounting of the proposed antenna may exceed the size limits set forth in this paragraph if necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable; or

(d)

The mounting of the proposed antenna would involve excavation outside the current existing structure site, defined as the current boundaries of the leased or owned property surrounding the existing structure and any access or utility easements currently related to the site.

Support structure(s): A structure designed to support telecommunications facilities including, but not limited to, monopoles, towers, and other freestanding self-supporting structures.

Telecommunications facility(ies): Any unmanned facility established for the purpose of providing wireless transmission of voice, data, images or other information including, but not limited to, cellular telephone service, personal communications service (PCS), and paging service. A telecommunication facility can consist of one or more antennas and accessory equipment or one base station.

Tower: A lattice-type structure, guyed or freestanding, that supports one or more antennas.

(2)

Approvals required for telecommunication facilities and support structures.

(a)

Administrative review.

(i)

Collocations and minor modifications shall be permitted in any zoning district after administrative review and administrative approval in accordance with the standards set forth in this ordinance.

(ii)

New support structures that are less than 60 feet in height shall be permitted in any zoning district except residential after administrative review and administrative approval in accordance with the standards set forth in this ordinance.

(iii)

Concealed telecommunications facilities that are less than 60 feet in height shall be permitted in any residential district after administrative review and administrative approval in accordance with the standards set forth in this ordinance.

(iv)

Concealed telecommunications facilities up to 100 feet shall be permitted in any zoning district other than residential after administrative review and administrative approval in accordance with the standards set forth in this ordinance except as noted above.

(v)

New support structures up to 100 feet in height shall be permitted in any industrial district after administrative review and administrative approval in accordance with the standards set forth in this ordinance.

(vi)

Monopoles or replacement poles located in utility easements or rights-of-way shall be permitted in any zoning district after administrative review and administrative approval in accordance with the standards set forth in this ordinance.

(vii)

The use of COWs shall be permitted in any zoning district after administrative review and administrative approval in accordance with the standards set forth in this ordinance if the use is not otherwise exempt. If the use of the COW is either not in response to a declaration or emergency, or will last in excess of 120 days, administrative review and administrative approval shall also be required.

(b)

Conditional use permit. Telecommunications facilities and support structures not permitted by administrative approval shall be permitted in any district upon the granting of a conditional use permit from the City of Camilla in accordance with the standards set forth in this ordinance.

(c)

Exemptions. Ordinary maintenance of existing telecommunications facilities and support structures, as defined herein, shall be exempt from zoning and permitting requirements. In addition, the following facilities are not subject to the provisions of this ordinance: (1) antennas used by residential households solely for broadcast radio and television reception; (2) satellite antennas used solely for residential or household purposes; (3) COWs placed for a period of not more than 120 days at any location within the City of Camilla after a declaration of an emergency or a disaster; and (4) television and AM/FM radio broadcast towers and associated facilities.

(3)

Telecommunications facilities and support structures permitted by administrative approval.

(a)

Telecommunications facilities located on existing structures.

(i)

Telecommunications facilities are permitted in all zoning districts when located on any existing structure subject to administrative approval in accordance with the requirements of this part.

(ii)

Antennas and accessory equipment may exceed the maximum building height limitations within a zoning district, provided they do not constitute a substantial increase.

(iii)

Minor modifications are permitted in all zoning districts subject to administrative approval in accordance with the requirements of this part.

(b)

New support structures.

(i)

New support structure less than 60 feet in height shall be permitted in all zoning districts except residential districts in accordance with the requirements of this part.

(ii)

Concealed telecommunications facilities that are less than 60 feet in height shall be permitted in any residential district after administrative review and administrative approval provided that it meets the applicable concealed telecommunications facility standards in accordance with this ordinance.

(iii)

New support structures up to 199 feet in height shall be permitted in all industrial districts in accordance with the requirements of this part. The height of any proposed support structure shall not exceed the minimum height necessary to meet the coverage or capacity objectives of the facility. The setback of the structure shall be governed by the setback requirements of the underlying zoning district.

(iv)

A monopole or replacement pole that will support utility lines as well as a telecommunications facility shall be permitted within utility easements or rights-of-way, in accordance with requirements of this part.

a.

The utility easement or right-of-way shall be a minimum of 100 feet in width.

b.

The easement or right-of-way shall contain overhead utility transmission and/or distribution structures that are 80 feet or greater in height.

c.

The height of the monopole or replacement pole may not exceed by more than 30 feet the height of existing utility support structures.

d.

Monopoles and the accessory equipment shall be set back a minimum of 15 feet from all boundaries of the easement or right-of-way.

(v)

Single carrier monopoles may be used within utility easements and rights-of-way due to the height restriction imposed by subsection 3.25(3)(b)(iv)c above.

(vi)

Poles that use the structure of a utility tower for support are permitted under this part. Such poles may extend up to 20 feet above the height of the utility tower.

(c)

Concealed telecommunications facilities.

(i)

Concealed telecommunications facilities shall be permitted in all zoning districts after administrative review and administrative approval in accordance with the requirements below. Concealed facilities in residential areas must not exceed 60 feet and comply with the requirements below in order to qualify for administrative review.

a.

Antennas must be enclosed, camouflaged, screened, obscured or otherwise not readily apparent to a casual observer.

b.

Existing structures utilized to support the antennas must be allowed within the underlying zone district. Such structures may include, but are not limited to, flagpoles, bell towers, clock towers, crosses, monuments, smoke stacks, parapets, and steeples.

c.

Setbacks for concealed facilities that utilize a new structure shall be governed by the setback requirements of the underlying zoning district.

(d)

COW facilities and minor modifications.

(i)

The use of COWs shall be permitted in any zoning district after administrative review and administrative approval in accordance with the standards set forth in this ordinance if the use of the COW is either not in response to a declaration or emergency by the Governor or will last in excess of 120 days.

(e)

General standards, design requirements, and miscellaneous provisions.

(i)

Unless otherwise specified herein, all telecommunications facilities and support structures permitted by administrative approval are subject to the applicable general standards and design requirements of subsection 3.25(5) and the provisions of subsection 3.25(6).

(f)

Zoning review process.

(i)

All zoning review applications must contain the following:

a.

Zoning review application form signed by applicant

b.

Copy of lease or letter of authorization from property owner evidencing applicant's authority to pursue zoning application. Such submissions need not disclose financial lease terms.

c.

Site plans detailing proposed improvements which complies with section 3.16 of the Camilla Zoning Ordinance. Drawings must depict improvements related to the requirements listed in this part, including property boundaries, setbacks, topography, elevation sketch, and dimensions of improvements.

d.

In the case of a new support structure:

i.

Statement documenting why collocation cannot meet the applicant's requirements. Such statement may include justifications, including why collocation is either not reasonably available or technologically feasible as necessary to document the reasons why collocation is not a viable option; and

ii.

The applicant shall provide a list of all the existing structures considered as alternatives to the proposed location. The applicant shall provide a written explanation why the alternatives considered were either unavailable, or technologically or reasonably infeasible.

iii.

Applications for new support structures with proposed telecommunications facilities shall be considered together as one application requiring only a single application fee.

e.

Administrative review application fee as listed in the City of Camilla Fee Schedule.

(ii)

Procedure.

a.

Within 30 days of the receipt of an application for administrative review, the planning director shall either: (1) inform the applicant in writing the specific reasons why the application is incomplete and does not meet the submittal requirements; or (2) deem the application complete. If the planning director informs the applicant of an incomplete application within 30 days, the overall timeframe for review is suspended until such time that the applicant provides the requested information.

b.

An applicant that receives notice of an incomplete application may submit additional documentation to complete the application. An applicant's unreasonable failure to complete the application within 60 business days after receipt of written notice shall constitute a withdrawal of the application without prejudice. An application withdrawn without prejudice may be resubmitted upon the filing of a new application fee.

c.

The planning director must issue a written decision granting or denying the request within 90 days of the submission of the initial application unless:

i.

The planning director notified applicant that its application was incomplete within 30 days of filing. If so, the remaining time from the 90 day total review time is suspended until the applicant provides the missing information; or

ii.

Extension of time is agreed to by the applicant.

Failure to issue a written decision within 90 days shall constitute an approval of the application.

d.

Should the planning director deny the application, the planning director shall provide written justification for the denial. The denial must be based on substantial evidence of inconsistencies between the application and this ordinance.

e.

Applicant may appeal any decision of the planning director approving, approving with conditions, or denying an application or deeming an application incomplete, within 30 days to the board of zoning appeals in accordance with this ordinance.

(4)

Telecommunications facilities and support structures permitted by conditional use.

(a)

Any telecommunications facility or support structures not meeting the requirements of [this section] shall be permitted by special permit in all zoning districts subject to:

(i)

The submission requirements of subsection 3.25(4)(b) below; and

(ii)

The applicable standards of sections 3.25(5) and 3.25(6) below; and

(iii)

The requirements of the conditional use permit general conditions at Code Section 3.14.

(b)

Submission requirements for conditional use permit applications.

(i)

All special permit applications for telecommunications facility and support structures must contain the following:

a.

Conditional use permit application signed by applicant.

b.

Copy of lease or letter of authorization from the property owner evidencing applicant's authority to pursue zoning application. Such submissions need not disclose financial lease terms.

c.

Written description and scaled drawings of the proposed support structure, including structure height, ground and structure design, and proposed materials.

d.

Number of proposed antennas and their height above ground level, including the proposed placement of antennas on the support structure.

e.

When locating within a residential area, a written technical and operational analysis of why a monopole or similar structure at a height of less than 100 feet cannot be used.

f.

Line-of-sight diagram or photo simulation, showing the proposed support structure set against the skyline and viewed from at least four directions within the surrounding areas.

g.

A statement justifying why collocation is not feasible. Such statement shall include:

i.

Such technical information and other justifications as are necessary to document the reasons why collocation is not a viable option; and

ii.

A list of existing structures considered as possible alternatives to the proposed location and a written explanation why the alternatives were either unavailable or technologically infeasible.

h.

A statement that the proposed support structure will be made available for collocation to other service providers at commercially reasonable rates.

i.

Notification of surrounding property owners within 300 feet of the proposed telecommunication facility and support structure.

j.

Conditional use permit application fee as listed in the City of Camilla's Fee Schedule.

(ii)

Procedure.

a.

Within 30 days of the receipt of an application for administrative review, the planning director shall either: (1) inform the applicant in writing the specific reasons why the application is incomplete and does not meet the submittal requirements; or (2) deem the application complete and meet with the applicant. If the zoning administrator informs the applicant of an incomplete application within 30 days, the overall timeframe for review is suspended until such time that the applicant provides the requested information.

b.

If an application is deemed incomplete, an applicant may submit additional materials to complete the application. An applicant's unreasonable failure to complete the application within 60 business days after receipt of written notice shall constitute a withdrawal of the application without prejudice. An application withdrawn without prejudice may be resubmitted upon the filing of a new application fee.

c.

A complete application for a conditional use permit shall be scheduled for a hearing date as required by article XXI of this ordinance.

d.

Applications for new support structures with proposed telecommunications facilities shall be considered as one application requiring only a single application fee.

e.

The posting of the property and public notification of the application shall be accomplished in the same manner required for any conditional use permit application under this ordinance.

f.

The planning director must issue a written decision granting or denying the request within 150 days of the submission of the initial application unless:

i.

Planning Director notified applicant that its application was incomplete within 30 days of filing. If so, the remaining time from the 150 day total review time is suspended until the applicant provides the missing information; or

ii.

Extension of time is agreed to by the Applicant.

Failure to issue a written decision within 150 days shall constitute an approval of the application.

(5)

General standards and design requirements.

(a)

Design.

(i)

Support structures shall be subject to the following:

a.

Shall be designed to accommodate a minimum number of collocations based upon their height:

i.

Support structures 60 to 100 feet shall support at least two telecommunications providers;

ii.

Support structures from 100 to 150 feet shall support at least three telecommunications providers;

iii

Support structures greater than 150 feet in height shall support at least four telecommunications carriers.

b.

The compound area surrounding the monopole must be of sufficient size to accommodate accessory equipment for the appropriate number of telecommunications providers in accordance with subsection 3.25(a)(i)a.

(ii)

Concealed telecommunications facilities shall be designed to accommodate the collocation of other antennas whenever economically and technically feasible.

(iii)

Upon request of the applicant, the planning director or the planning commission may waive the requirement that new support structures accommodate the collocation of other service providers if it finds that collocation at the site is not essential to the public interest, or that the construction of a shorter support structure with fewer antennas will promote community compatibility,

(b)

Setbacks.

(i)

Property lines. Unless otherwise stated herein, support structures shall be set back from all property lines a distance equal to their height measured from the base of the structure to its highest point.

(ii)

Residential dwellings. Unless otherwise stated herein, monopoles, towers and other support structures shall be set back from all off-site residential dwellings a distance equal to the height of the structure. There shall be no setback requirement from dwellings located on the same parcel as the proposed structure. Existing or replacement structures shall not be subject to a setback requirement.

(iii)

Unless otherwise stated herein, all accessory equipment shall be set back from all property lines in accordance with the minimum setback requirements in the underlying zoning district. Accessory equipment associated with an existing or replacement utility pole shall not be subject to a setback requirement.

(iv)

The planning commission shall have the authority to vary any required setback upon request of the applicant if:

a.

Applicant provides a letter stamped by a certified structural engineer documenting that the proposed structure's fall zone is less than the actual height of the structure.

b.

The telecommunications facility or support structure is consistent with the purpose and intent of this ordinance.

(c)

Height.

(i)

In non-residential districts, support structures shall be designed to be the minimum height needed to meet the service objectives of the applicant.

(ii)

In residential districts, support structures shall not exceed a height equal to 199 feet from the base of the structure to the top of the highest point, including appurtenances. Any proposed support structure shall be designed to be the minimum height needed to meet the service objectives of the applicant.

(iii)

In all districts, planning commission shall have the authority to vary the height restrictions listed in this section upon the request of the applicant and a satisfactory showing of need for a greater height. With its waiver request the applicant shall submit such technical information or other justifications as are necessary to document the need for the additional height to the satisfaction of the planning commission.

(d)

Aesthetics.

(i)

Lighting and marking. Telecommunications facilities and support structures shall not be lighted or marked unless required by the Federal Communications Commission (FCC) or the Federal Aviation Administration (FAA).

(ii)

Signage. Signs located at the Telecommunications Facility shall be limited to ownership and contact info. FCC antenna registration (if required) and any other information as required by government regulation. Commercial advertising is strictly prohibited.

(iii)

Landscaping. In all districts, the Planning Commission shall have the authority to impose reasonable landscaping requirements surrounding the Accessory Equipment. Required landscaping shall be consistent with surrounding vegetation and shall be maintained by the facility owner. The Planning Commission may choose to not require landscaping for sites that are not visible from the public right-of-way or adjacent property in instances where in the judgement of the planning commission, landscaping is not appropriate or necessary.

(e)

Accessory equipment, including any buildings, cabinets or shelters, shall be used only to house equipment and other supplies in support of the operation of the telecommunications facility or support structure. Any equipment not used in direct support of such operation shall not be stored on the site.

The accessory equipment must conform to the setback standards of the applicable zone. In the situation of stacked equipment buildings, additional screening/landscaping measures may be required by the planning commission.

(6)

Miscellaneous provisions.

(a)

Fencing.

(i)

Ground mounted accessory equipment and support structures shall be secured and enclosed with a fence not less than six feet in height as deemed appropriate by the planning director.

(ii)

The planning commission may waive the requirement of subsection (i) above it is deemed that a fence is not appropriate or needed at the proposed location.

(b)

Abandonment and removal. If a support structure is abandoned, and it remains abandoned for a period in excess of 12 consecutive months, the City of Camilla may require that such support structure be removed only after first providing written notice to the owner of the support structure and giving the owner the opportunity to take such action(s) as may be necessary to reclaim the support structure within 30 days of receipt of said notice. In the event the owner of the support structure fails to reclaim the support structure within the 30 day period, the owner of the support structure shall be required to remove the same within six months thereafter. The City of Camilla shall ensure and enforce removal by means of its existing regulatory authority.

(c)

Multiple uses on a single parcel or lot. Telecommunications facilities and support structures may be located on a parcel containing another principal use on the same site or may be the principal use itself.

(7)

Telecommunications facilities and support structures in existence on the date of adoption of this ordinance.

(a)

Telecommunications facilities and support structures that were legally permitted on or before the date this ordinance was enacted shall be considered a permitted and lawful use.

(b)

The provisions of this part are limited to those structures that do not meet the height or setback requirements set forth in these regulations.

(c)

Non-conforming support structures.

(i)

Non-conforming support structure. Ordinary maintenance may be performed on a non-conforming support structure or telecommunications facility.

(ii)

Collocation and/or minor modifications of telecommunications facilities on an existing non-conforming support structure shall not be construed as an expansion, enlargement or increase in intensity of a non-conforming structure and/or use shall be permitted through the administrative approval process defined in [this section].

(iii)

Major modifications may be made to non-conforming support structures utilizing the regulatory approval process defined in subsection 3.25(4).