Carroll County Unincorporated
City Zoning Code

Sec. 102-9

Miscellaneous districts/use requirements/procedure.

9.1.

Office and Institutional District (OI).

1.0

Purpose. The intent of this district is to permit and encourage business, office, institutional, or specified public purpose development with very limited retail sale of goods incidental to a permitted use. The regulations which apply within this district are designed to encourage the formation and continuance of a quiet, compatible and uncongested environment for office type business or professional firms and certain public uses; and to discourage any encroachment by unrestricted retail and/or wholesale business establishments, industrial concerns, or other uses capable of adversely affecting the specialized commercial, institutional and housing character of the district.

2.0

Permitted uses. No more than 25 percent of the total floor area of any building may be devoted to storage. The following uses shall be permitted within an office/institutional district:

(1)

Professional offices such as those for engineers, architects, doctors, dentists, lawyers, accountants, opticians (including the sale of eyewear as an accessory to professional eye examinations), psychologists or social workers.

(2)

Business offices, such as those for realtors, insurance agents, stock brokers, employment agencies, advertising or public relations agencies, public opinion and other research firms, and national, regional, state and local office headquarters for commercial, manufacturing, charitable or other corporations or organizations.

(3)

Educational institutions; including colleges and universities, business schools, trade/vocational schools, professional schools, and technical schools.

(4)

Governmental offices and governmental services.

(5)

Medical and dental clinics.

(6)

Hospitals, nursing homes, personal care homes, rest homes and hospices (including an apothecary shop as an accessory use).

(7)

Church or any other place of worship.

(8)

Clubs and lodges catering exclusively to their members and guests.

(9)

Financial services/institutions.

(10)

Funeral homes.

(11)

Museums and libraries.

(12)

Artist studios for crafts, dance, drama, music, and photography.

(13)

Radio and/or television studio, excluding towers and antennae which do not meet the height restrictions of this district.

(14)

Manufacturers' representatives offices; provided no goods are offered for sale at retail.

(15)

Animal hospitals/veterinary offices; outside animal pens and runs are not allowed.

3.0

Accessory uses. Customary accessory buildings and uses to the above permitted uses, provided that such accessory buildings and uses exclude retail business and service establishments that could be construed as principal uses and that include only those buildings and uses that are primarily intended for and used by patrons or occupants of the principal use to which said establishment is accessory. Separate accessory structures may be located in the rear or side yards only. No outside storage of materials or equipment shall be permitted in an office/institutional district. No more than 25 percent of the total floor area of any building may be devoted to storage.

4.0

Conditional uses. The following conditional uses may be permitted, subject to review and approval of a conditional use permit:

(1)

Residential dwellings and home occupations.

(2)

Day care facilities.

(3)

Restaurant, not including drive-in restaurant.

(4)

Cemeteries and other facilities for disposal of the deceased.

5.0

Dimensional requirements. The following development dimensions are permitted in an office/institutional district:

5.1

Minimum lot area.

Five thousand square feet where public water and sewerage is available.

Twenty thousand square feet where public water or sewerage is available.

Forty thousand square feet where no public water or sewerage is available.

5.2

Minimum lot width. One hundred feet at minimum building setback line.

5.3

Minimum yard requirements.

Front setbacks. Forty feet as measured from the right-of-way line of an adjoining roadway.

Side yard setbacks. Interior side yards shall be 15 feet except where an office/institutional building abuts a residential district there shall be a side yard of no less than 30 feet. Side yards adjacent to a street or highway shall be measured from the right-of-way.

Rear yard setbacks. Fifteen feet except where an office/institutional building abuts a residential district there shall be a rear yard of no less than 50 feet.

5.4

Maximum height. Buildings and structures shall be no more than 35 feet tall.

5.5

Maximum lot coverage. The area of the footprint of all buildings and parking shall not exceed 60 percent of the total lot area.

9.2.

Planned Unit Development District (PUD).

Editor's note— Ord. of 3-1-16(1), § 1, repealed 102-9(9.2), in its entirety; and § 2 included the following provisions:
"The parcels currently holding Planned Unit Development (PUD) zoning shall be grandfathered and such zoning is still applicable to such parcels. The grandfathered parcels identified on exhibit A hereto will be required to meet the regulations set forth in the Planned Unit Development (PUD) ordinance as amended in 2004 attached hereto as exhibit B."

9.3.

Telecommunication Antennae and Tower Ordinance.

1.0

Purpose. It is the intent of the county board of commissioners, referred to in additional places in this chapter as the governing authority, that the provisions of this chapter be construed to ensure compatibility of proposed facilities with surrounding areas by establishing standards for location, height, structural integrity, design review, landscaping, and visual screening; to sustain the peaceful character of the county by establishing standards to reduce the potential of wireless communication facilities to produce disruptive noise, vibration, or illumination; and to assist in identification of potential sources of interference with existing telephone, radio, television or electronic computing system currently in use in the area; and to reduce the apparent quantity of telecommunication structures by providing incentives to utilize co-location and stealth technologies, thereby lessening adverse visual impacts of these facilities on developed residential areas, agricultural areas, and natural surroundings, to facilitate the use of public property and to enhance the ability of providers of telecommunication services to provide such service to the community quickly, effectively, and efficiently.

This chapter is intended to allow telecommunication structures which are sufficient to allow adequate service to citizens, the traveling public, and others within the county; and to accommodate the need for connection of such services to telecommunication structures in adjacent and surrounding communities.

2.0

Definitions.

2.1

Rules. For the purposes of this chapter, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word "structure" shall be synonymous with "tower" but not include the word "building" or "enclosure"; the word "shall" is mandatory and not discretionary.

2.2

Use of definitions. Any word not herein defined shall be as defined elsewhere in the zoning ordinance. If not defined elsewhere in the zoning ordinance the word will have the meaning as defined in the latest edition of Webster's College Dictionary, the definition to read in context with the purposes and provisions of the part of the ordinance it is being used to define.

2.3

Definitions.

Antenna array means a mounted exterior apparatus designed for the transmission or reception of wireless communications or data. Types of antenna arrays include a system of poles, panels, rods, reflecting discs or similar devices for telephonic, radio, or television communication.

Alternative tower structure means man made trees, clock towers, bell steeples, flag or light poles, signs, and similar alternative design mounting structures that camouflage or conceal the presence of antenna or towers. An alternative tower structure may have an antenna array and be affixed to an existing building, overhead facilities, or the like.

Broadcasting tower means a use associated with a commercial radio or television enterprise that emits radio signals to project transmissions.

Building, principal means a building in which is conducted the main or principal use of the lot on which the same is situated. A building is further defined as any enclosure with a roof intended for shelter or closure.

Co-location/site sharing means this term shall mean use of a common telecommunication structure or common site by two or more telecommunications providers or by one telecommunications provider for more than one type of antenna or technology. Co-location and site sharing is also the placement of an antenna array on a structure owned or operated by a telecommunications carrier.

Comprehensive plan means a plan, as amended from time to time, that was devised to provide the county with a guide for the future growth and development in accordance with the Georgia Planning Act.

County means Carroll County.

County planner means officer having the primary responsibility to administer the county zoning ordinance.

County property means all real property owned by the county, other than public streets and utility easements as those terms are defined elsewhere in this ordinance, and all property held in a proprietary capacity by the county.

Equipment facility means any enclosure or building used to contain ancillary equipment such as poles, pipes, mains, conduits, ducts, cables and wires located under, on or above the surface of the ground and used for the telecommunications structure. Equipment facilities include but are not limited to, cabinet, shelters, a buildout of an existing support structure, pedestal and other similar enclosures.

FAA means Federal Aviation Administration.

FCC means Federal Communications Commission.

Governing authority means the chairman and board of commissioners for the county.

Lot width means the shortest distance between the side line of a lot, measured along the building setback line.

Overhead facilities means utility poles, public utility facilities, electronic transmission lines, and other facilities located above the surface of the ground, including the underground supports and foundations for such facilities.

Pre-existing telecommunications structure. See section 102-4(4.3).

Public street means any highway, street, alley or other public right-of-way for motor vehicle travel under the jurisdiction and control of the county which has been acquired, established, dedicated or devoted to transportation purposes.

Public utility means persons, corporations or government supplying gas, electric, transportation, water, sewer, or land line telephone service to the general public. For the purpose of this chapter, telecommunications structures and telecommunications facilities, and support structures shall not be considered public utility uses, and are defined separately.

Public utility structure means a structure that is essential to supply the public with a commodity or service and is associated with railroad companies, dock companies, terminal station companies, telephone and telegraph companies, gas or electric light and power companies, rapid rail passenger service lines, and waste treatment facilities. Specifically excluded from this definition are telecommunication structures and antenna arrays, including, but not limited to, self supporting lattice towers, guy towers, monopole towers, cellular telephone towers, and alternative tower structures.

Right-of-way means includes all public streets and utility easements, now or hereafter owned by the county, but only to the extent of the county's right, title, interest or authority to grant a license or franchise to occupy and use such streets and easements.

Reviewing body means applicable board or commission having authority to make a recommendation or make an official decision on the application.

Side yard means a yard adjacent to the front yard.

State means the state of Georgia.

Support structure means any structure designed and constructed primarily for the purpose of supporting one or more antenna arrays, including self supporting lattice towers, guy tower, or monopole tower. The term shall include, but is not limited to, radio and television transmission towers, microwave towers, common-carrier telephone towers and alternative tower structures.

Lattice tower is a wireless communication support structure which consists of vertical and horizontal supports and metal crossed strips or bars to support an antenna array and connecting appurtenances. Lattice towers may or may not be supported by guy wires.

Monopole tower is a wireless communication structure which consists of a single pole structure to support an antenna array and connecting appurtenances.

Guyed tower is any variety of support structures using wire guys connecting above grade portions of a communication support structure diagonally with the ground to provide support for a communications towers, antenna arrays, and connecting appurtenances.

Surplus space means the portion of usable space on a support structure that has the necessary clearance from other users to allow its use by a telecommunications carrier for an antenna array.

Telecommunications Act means the Telecommunications Act of 1996, 47 U.S.C. §§ 151 et. seq., as now and hereafter amended.

Telecommunication carrier means persons that directly or indirectly own, control, operate, or manage equipment or property within the county, used or to be used for the purpose of offering telecommunication service.

Telecommunication provider means persons who provide telecommunication service through telecommunication structures without ownership or management control of the facilities.

Telecommunication service means the providing or offering for rent, sale, lease or in exchange for other value received, of the transmittal of voice, data, image, graphic, video programming information, and wireless communications between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar media with or without benefit of any closed transmission medium.

Telecommunications structure means any unstaffed facility for the transmission and/or reception of telecommunication services, usually consisting of a support structure, antenna array, equipment facility and other appurtenances used or to be used to transmit, receive, distribute, provide or offer telecommunications services.

Wireless communications means any personal wireless services as defined in the Telecommunications Act of 1990, which includes FCC licensed commercial wireless telecommunications services, including cellular, digital communications services, personal communications services, specialized mobile radio, enhanced specialized mobile radio, paging, and similar services that currently exist or that may in the future be developed.

Zoning ordinance means the county zoning ordinance adopted in June 1987, as amended.

3.0

General provisions.

3.1

Application of a building permit for a telecommunications structure.

It shall be unlawful for any person, firm, or corporation to erect, construct, or place any support structure, alternative tower structure, or antenna array without first making application for a telecommunications structure permit. To re-erect, replace, or repair any support structure an application for and issuance of a building permit by the county community development department is necessary.

Fees for telecommunications structure permits are posted in the fee schedule in the planning and zoning office of the county and approved by the board of commissioners.

3.2

Building permit exemptions. Adding antenna arrays or appurtenances, including equipment facilities, as long as the same does not increase noise, height, light or visual disturbance to the community. Building permits are not required when adjusting or replacing worn or used antenna arrays to existing telecommunications structures provided the replacement does not reduce any safety device.

3.3

Public property. A telecommunications carrier requesting to place at least one telecommunications structure on property owned, leased, or otherwise controlled by the governing authority must enter into a license or lease approved by the governing authority.

For each application for a building permit for a telecommunications structure for placement on public property, the application must comport to the following procedure:

Notice of the application and approximate location of the structure shall be advertised in the legal organ for a period not less that 15 days prior to a hearing before the board of commissioners. At such hearing, the application shall be accepted if at least four affirmative votes are received in favor of its placement.

The property shall be posted with a sign containing the name of the applicant, the day of the hearing, and state the purpose for placement of a proposed telecommunication structure for the site.

The applicant shall be required to submit those documents listed in section 102-7 et seq., (conditional use permits).

In the event the applicant proposes to vary from the setbacks, maximum height, size, separation requirements, or any development standard of this chapter, the applicant must comply with section 102-8 et seq., (variance from standards).

3.4

Requirements for a building permit to construct a telecommunications structure.

Complete application to planning and zoning office in the county administrative office building.

Applications must include:

Site plan which includes: north arrow, location of tower on site, topography of site, setbacks, height of structure, equipment facilities, access to site, adjacent roads and adjacent property.

Applicant shall certify in writing that the proposed telecommunications structure meets all FAA and FCC standards and regulations.

Aerial photo of the parcel from the county tax maps.

A general description of the geographic area that the telecommunications structure will provide coverage.

Any information that is required by other sections in this chapter.

Potential for co-location on the support structure.

3.5

Setbacks. Support structures and alternative towers structures shall conform to the following setback requirements:

In agricultural districts, support structures must be set back a minimum of the greater of 100 feet or 50 percent of tower height from the right-of-way and nearest property line.

In residential districts, towers must be set back a minimum of the greater of 100 feet or 50 percent of tower height plus one additional foot for each one foot of tower height in excess of 85 feet from the right-of-way and nearest occupied structure.

In commercial and office/institutional districts, support structures must be set back a minimum of 100 feet from the right-of-way and 20 feet from each property line.

In industrial districts, support structures must be set back a minimum of 100 feet from the right-of-way and 20 feet from any property line.

3.6

Setbacks for alternative tower structures. Alternative tower structures shall not mount antennae array or appurtenances so as to extend over property lines.

3.7

Security fencing. A telecommunications structure, except alternative tower structures, shall be enclosed by a security fence of not less than six feet in height and equipped with an appropriate anti-climbing device; a three strand barbed wire or rolled razor wire attached to a security fence is an appropriate anti-climbing device. However, the governing authority reserves the right to impose stricter measures, as it deems appropriate; nothing herein shall prevent fencing which is necessary to meet other requirements of state and federal regulations.

3.8

Structural integrity. To ensure the structural integrity of towers, the owner of a tower shall ensure that the tower withstands a 100 m.p.h. wind, six-inch snow load, and is maintained in compliance with standards contained in applicable local building codes and the electronic industries association/telecommunications industries standards for steel antenna towers and antenna supporting structures (or equivalent), as amended. If upon inspection, a tower fails to comply with such codes and standards and constitutes a danger to persons or property in the opinion of the community development director, then upon notice being provided to the tower's owner, the owner shall have 30 days to bring such tower into compliance with such standards. If the owner fails to bring such tower into compliance within said 30 days, the governing authority may have the structure removed at owner's expense.

4.0

Supplemental regulations.

4.1

Interference with public safety telecommunications.

No new or existing telecommunications service shall interfere with public safety telecommunications. Before the introduction of new service or changes in existing service, telecommunication providers shall notify the county community development director in writing at least ten calendar days in advance of such changes.

Applicants for a telecommunications structure shall be required to provide information on the projected power density of the facility.

All telecommunications structures must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government having authority over telecommunication structures and frequencies.

4.2

Abandonment. A telecommunications structure may be determined to be abandoned because of discontinued use or falling into disrepair or noncompliance because of neglect of maintenance according to the standards set forth in this chapter.

Abandonment because of discontinued use. A telecommunication structure shall be determined to be abandoned if the structure becomes more than 25 percent damaged and the owner fails to repair the same within six months or if the structure falls into a like disrepair from vandalism, neglect, or collapse so as to discontinue all telecommunications service for a period of nine months. Within 90 days after notice from the governing authority that a structure has been considered abandoned, the owner of the structure shall either reestablish use of the site or remove all equipment, support structures and appurtenances.

Abandonment due to disrepair or noncompliance. In the event a telecommunications structure falls into disrepair or noncompliance because of neglect of maintenance, the facility shall be determined to be abandoned if repairs are not affected to restore compliance within 30 days after written notice of noncompliance from the community development director. Failure to comply within 30 days shall result in expiration by limitation of prior approvals for the facility.

Expiration of prior approvals. Any proposal to reestablish the telecommunication structure after failure to comply with restoration of facilities because of disrepair or neglect, shall be treated as a new application subject to reviews, approvals and fees required by this chapter.

Liability for noncompliance. No time period stated herein shall relieve the owner of a telecommunication structure from responsibility to maintain a safe facility.

If applicable, a copy of relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application. In the event that a tower is not removed at the cessation of operations at a site, the tower and associated facilities may be removed by the governing authority and the costs of removal assessed against the property.

4.3

Pre-existing telecommunications structures.

4.3.1 Definition. A pre-existing telecommunication structures is a telecommunication structure which exists on the date of the adoption of this chapter. A pre-existing telecommunications structure is subject to the following provisions:

The telecommunications structure may continue in use for the purpose then used, but may not be expanded without complying with this chapter, except as expressly provided in this section.

The telecommunications structure may add additional antenna arrays and equipment facilities subject to the conditions in this chapter.

The telecommunications structure that is hereafter damaged or destroyed due to any reason or cause may be repaired and restored to its former use, location, and physical dimensions subject to obtaining a building permit as described herein.

4.3.2 The owner of any pre-existing telecommunications structure may replace, repair, rebuild, and/or expand such telecommunications structure in order to improve the structural integrity of the facility, to allow the facility to accommodate co-located antenna arrays or facilities, or to upgrade the facilities to current engineering, technological, or communications standards without having to conform to the provisions of this chapter, so long as such facilities are not increased in height by more than 15 percent and/or setbacks are not decreased by more than 15 percent.

4.3.3 Modifications. In the event the owner of any pre-existing telecommunications structure wants to replace, repair, rebuild, and/or expand such telecommunications structure so as to increase the height by more than 15 percent or decrease the setbacks by more than 15 percent, the owner must apply for a conditional use permit unless the telecommunications structure is located in an industrial zone.

4.4

Two-way radio qualification. A single-owner using two-way radio technology shall not be required to obtain a conditional use permit for a telecommunications structure where:

The support structure has a height of less than 100 feet and a diameter of less than 24 inches, the diameter being measured at the greatest point;

The property is located in a commercial or industrial district; and

The telecommunications structure is a single-user structure.

The landscaping and setback requirements in this chapter shall not apply to a telecommunications structure as described by subsections 4.4 1., 2., and 3. where the telecommunications structure is located within a distance of five feet, as measured from the supports structure, from the rear or side of the primary structure on the property.

5.0

Development standards for telecommunications structures. A conditional use permit is required for telecommunications structures in all zoning districts except industrial, and except as provided in section 4.4. However, no permit shall be required for co-location of additional antenna arrays on existing telecommunications structures; provided the co-location does not increase the height of the existing support structure, and the proposed addition otherwise complies with standards described herein.

5.1

Design requirements.

Camouflage and color required. Whenever practical and feasible, support structures and alternative tower structures shall be designed to blend into the architecture of the building on which the same is placed through the use of color and camouflaging treatments, except where color is otherwise dictated by federal or state authority.

Attachment to trees prohibited. It is prohibited to use any tree as a support for any telecommunications structures or antenna arrays, or to use any tree to attach any metal guy or cable supporting any antenna array.

Co-location. Whenever practical new telecommunications structures shall be designed, engineered, and constructed to facilitate co-location in surplus space by other telecommunications providers on the same structure.

5.2

Landscape and buffer requirements.

Existing mature tree growth and natural land forms on the site shall be preserved to the extent feasible, provided, however, that vegetation which causes interference with the antenna array or inhibits access to the equipment facility may be trimmed.

Landscaping shall be designed from an approved list to screen the base of a support structure and equipment facilities from the view of adjacent properties and rights-of-way. To the greatest extent feasible, existing trees and other vegetation may be used in lieu of required landscaping where approved by the community development director or the reviewing body.

Additional landscaping and buffer requirements:

In residential and agricultural zones. A perimeter buffer having a depth of 20 feet is required, with a minimum of one tree per 20 lineal feet of buffer, with a minimum of 50 percent being shade trees. Retention of existing trees on site in order to meet this requirement is encouraged. Grass or other ground cover species shall be planted on all areas of the buffer strip required which are not covered by other landscape material.

In office/institutional and commercial districts, a perimeter buffer having a depth of 15 feet shall be required with the same requirements set forth in subsection 3.a.

In industrial districts, a ten-foot buffer shall be required with the same requirements set forth in section 3.a.

Maintenance. It will be the responsibility of the owner/tenant to keep all landscaping material free from disease and properly maintained in order to fulfill the purpose for which it was established. The owners of the property and any tenant on the property on which buffers and landscaping are required, shall be jointly responsible for the maintenance of all landscaping materials. Such maintenance shall include all actions necessary to keep the buffer and landscape area free from litter and debris, to keep planting healthy, and to keep planting areas neat in appearance. Any vegetation that constitutes part of the buffer or landscaping shall be replaced in the event that it dies.

5.3

Lights.

Towers shall not be artificially lighted, unless required by FAA or other applicable authority. Lighting may be required if the tower is near a non-FAA controlled landing strip pending review by the community development director or reviewing body. If lighting is required, the tower shall not use strobe lights after sunset unless expressly required by the FAA. The reviewing body may consider the available lighting alternative and approve the design that causes the least disturbance to the surrounding views.

Additional anti-climbing measures shall be utilized for support structures in residential districts when such structure has constructed thereon or attached thereto in any way any platform, catwalk, crow's nest, or like structure.

5.4

Noise. No equipment shall be operated at a telecommunications structure that produces noise levels above 45 dB as measured from any adjacent property or right-of-way line, except for emergency situations requiring the use of backup generator, during which noise levels may be exceeded on a temporary basis. No generator shall be used prior to commercial power being delivered to the site.

5.5

Signs and advertising. The use of any portion of a tower for signs other than warning or equipment information is prohibited.

5.6

Electrical. Support structures and antenna arrays shall be designed to conform with accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code as amended.

5.7

Co-location efforts required.

A permittee shall cooperate with other telecommunications providers in co-locating additional antennae on support structures and/or on existing buildings provided said proposed co-locators have received a building permit to construct a telecommunications structure. A permittee shall exercise good faith in co-locating with other providers and sharing the permitted site. Such good faith shall include sharing technical information for evaluating the feasibility of co-location.

An applicant shall certify that it has taken reasonable efforts to develop a co-location alternative for its proposal.

Separation requirement. In zoning districts other than industrial or on public property, a telecommunications structure over 180 feet in height shall not be located within one-quarter of a mile from any existing telecommunications structure that is over 180 feet in height, unless such location is determined to be a hardship by the reviewing body.

5.8

Height requirements.

Zoning District	Max. Height	Setback	Landscaping Buffer
Agricultural [1] On a tract or parcel having a minimum of 35 acres [2] On a tract or parcel having a minimum of five acres and less than 35 acres	[1] 250 feet [2] 150 feet	Greater of [1] 100 feet or [2] 50 percent of tower height from the right-of-way and nearest property line.	20 feet perimeter as described in this chapter.
All Residential	130 feet	Greater of [1] 100 feet or [2] 50 percent of tower height plus one additional foot for each one (1) foot of tower height in excess of 85 feet from the right-of-way and nearest occupied structure.	20 feet perimeter as described in this chapter.
Commercial/OI	200 feet	100 feet from the right-of-way and 20 feet from each property line.	15 feet perimeter as described in this chapter.
Industrial	250 feet	100 feet from the right-of-way and 20 feet from any property line.	10 feet perimeter as described in this chapter.

6.0

Administrative review by director of community development.

6.1

All applications for conditional use permits, variances, and applications to re-zone shall first be submitted to the planning and zoning commission of the county.

6.2

Administrative review of the application shall insure the following:

Applicant has submitted ten copies of a complete application.

The proposal for the support structure does not exceed height or setback requirements, unless a variance is requested on the same.

Applicant has complied with all requirements set forth in this chapter to include, but not limited, to all buffers, landscape, color and camouflage requirements have been met, and limited or minimal adverse visual impact to surrounding community has been achieved.

Applicant has submitted all required documents, reports, and certifications as set forth in this chapter.

An applicant may apply for a conditional use permit and variance at the same time as long as all documentation is included and applicable requirements as set forth in this Code are met.

Final approval by the director of community development, county planner, or his designee shall be in accordance with article 8 [section 102-10], (powers and duties of various officials) and article 9 [section 102-11], (administration and enforcement).

7.0

Conditional use permits.

7.1

Applications for a conditional use permit to construct a telecommunications structure shall include the following:

A report from a qualified engineer or engineering firm from which will include:

A scaled plan and a scaled elevation view, which includes a cross section and elevation, supporting drawings, calculations, documentation showing the location and dimensions of the communications structure(s), all improvements, and appurtenances associated therewith, including information concerning support structure specifications, antenna locations, equipment facilities, topography, radio frequency coverage, and tower height requirements.

Documentation of the height above grade for all potential mounting positions for co-located antenna arrays and the minimum separation distances between antenna arrays.

Description of the tower's capacity and power density, including the number and type of antennae that it can accommodate.

In lieu of submitting the requirements as set forth in subsection 1.a. above, the applicant may submit the manufacturer's detailed plans and specifications along with the manufacturer's certification that the telecommunications structure has been constructed according to the those plans and specifications.

A diagram or map showing the visual impact of the proposed facility, such may include photo simulations, drawings, or the like of the proposed facility from affected agricultural, residential, commercial properties, and rights-of-ways at distances of 500 feet and 1,500 feet. Site location and development shall preserve the preexisting character of surrounding buildings and land uses of the zoning district to the extent consistent with the function of the communications equipment. A telecommunications structure shall be integrated through location and design to blend in with the existing characteristics of the site to the extent practical and be located so as to minimize the obstruction of scenic views from agriculturally and residentially zoned land.

Equipment facilities shall be architecturally designed to blend in with the surrounding environment. Ground mounted equipment shall be screened from view by suitable vegetation, except where a design of non-vegetative screening better reflects and complements the architectural character of the surrounding neighborhood. If such facilities cannot be located in buildings, equipment shelters or cabinets shall be screened and landscaped in conformance with this chapter.

A site/landscaping plan showing the specific placement of the telecommunications structure on the site. The plan shall show locations of existing structures, trees and other significant site features, and indicate type and location of plant materials used to screen telecommunications structure components and shall show proposed colors for the telecommunications structure. Existing on-site vegetation shall be preserved or improved, and disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the site to the surrounding area.

A general description of the geographic area for which the telecommunications structure will provide coverage.

Information identifying radio frequencies to be transmitted and the projected power density of the telecommunications structure.

Air navigation information to include all private and public airfields, landing strips and runways within a five-mile radius of the proposed site. In the alternative, applicant shall certify that it has conducted an aeronautical study on the navigable airspace within a five-mile radius of the proposed site.

Statement of security. Applicant shall submit a diagram or information regarding the required fencing, an affirmation that all equipment shall be locked and secured to prevent unauthorized entry and a description how the structure is designed with anti-climbing features.

Certificate of insurance. Applicant must produce a certificate of insurance demonstrating protection against claims for bodily injury, personal injury, and property damage in amounts not less than $1,000,000.00 per occurrence and $2,000,000.00 annual aggregate.

10.

Inventory of existing sites. Each applicant for an antenna or tower shall provide to the county planner an inventory of existing towers which are within one-quarter-mile of the proposed site including location, height and design of surrounding structures.

11.

Structural integrity. A report shall be submitted from a qualified and licensed professional engineer or engineering firm that demonstrates the tower's structural support exceeds all applicable wind and dead load standards.

8.0

Variance from standards.

8.1

The community development appeals board will have authority to grant an application for a variance in cases where strict adherence to height, size, setback, separation or other standards for communications structures and antenna will cause an applicant special difficulties that includes one or more than the following:

Preclude effective transmission or reception of signals, or

Results in conditions contrary to purposes of this chapter, or

Creates unnecessary hardship to the landowner, telecommunication carrier, or telecommunications providers. Said hardships shall be set forth in detail and presented in writing to the community development appeals board.

8.2

Scope of variance for a telecommunications structure applies to:

Setbacks, maximum height, size, or separation requirements; or

Any other development standard, co-location requirement or other provisions of this chapter, when considered in conjunction with applicant's specific site request, where the community development appeals board finds such provisions inconsistent with purposes of these regulations or contrary to requirements of the Federal Telecommunications Act of 1996. If requested by the community development appeals board, applicant shall set forth the inconsistent provisions and contrary regulations in detail and present the same in writing to the community development appeals board.

8.3

Approval of a request for a variance shall be narrowly construed and shall be based on an evaluation of the operational needs of the telecommunications provider, alternative locations and alternative tower structures upon which a proposed antenna array might be located, any co-location opportunities based upon applicant's good faith efforts respecting existing support towers within one-quarter-mile of the proposed site. Evidence shall demonstrate that no practical alternative is reasonably available to the applicant as balanced against any detrimental effect on the surrounding properties.

8.4

Necessary findings for granting of a variance. A variance may be granted by the community development appeals board for antenna arrays and telecommunication structures upon finding of fact, as follows:

Nonresidential zoning districts such as OI (Office/Institutional), C (Commercial) or I (Industrial) may exceed applicable limits contained herein by variance based on findings of each of the following that a proposed antenna array, support structure, and related equipment facilities or appurtenances:

Is the least height and proximity to adjacent properties necessary to provide the coverage by the communications service provider and to achieve the purposes of this chapter, and

Employs all reasonable measures to provide the visual mitigation that screen the facility from views of adjacent residences or undeveloped residential properties, and

Will not produce noise, vibration, odors or illumination which will adversely impact other properties in the vicinity, and

By means of design or location does not present a hazard to adjacent properties, and

For reductions of setbacks for the telecommunications structure, the structure is designed and engineered, in the event of structural failure, not to fall beyond the radius of the reduced setback, and

Does not otherwise result in significant adverse impact on the property on which the facility is located, on other properties in the vicinity, or on the community in general.

Residential properties. A (Agriculture), R, (Residential), MHS (Manufactured Home Subdivision), or MFR (Multi Family Residential) may exceed applicable limits contained herein by variance provided that:

Each of the above findings necessary for facilities in nonresidential district applies to agricultural and residential districts and provided that the community development appeals board may hold the applicant for a variance at a proposed site in a residential zone to a higher standard than nonresidential districts to demonstrate visual mitigation, elimination of potential adverse impacts and protection of health and safety necessary to preserve the agricultural and residential character of the community.

9.0

Review procedure.

9.1

Review of an application by the community development director, or his designee, shall be in accordance with section 102-10, (powers and duties of various officials) and section 102-11, (administration and enforcement).

9.2

Review of applicants by the community development appeals board shall be according to section 102-10, (powers and duties of various officials), section 102-11, (administration and enforcement) and section 102-13, (community development appeals board).

9.3

Review of applications by the planning and zoning commission shall be in accordance with section section 102-10 (powers and duties of various officials), section 102-11, (administration and enforcement) and section 102-12, (planning and zoning commission).

9.4

Review of applications by the carroll county board of commissioners shall be in accordance with section 102-10 (powers and duties of various officials), section 102-11, (administration and enforcement) and section 102-12, (planning and zoning commission), and section 102-14, (amendments).

10.0

Criteria for review.

10.1

The following criteria shall be used by the appropriate reviewing body when making an official decision on an application.

Determination of whether the applicant is in conformity with goals set forth in this chapter and the comprehensive plan.

Determination of whether the applicant has cooperated with other telecommunications providers in co-locating additional antenna on support structures and/or on existing buildings provided said proposed co-locators have received a telecommunications structure permit.

Reserved.

A review of all other standards available to the reviewing body in article 8 [section 102-10] (powers and duties of various officials), article 9 [section 102-11], (administration and enforcement) and article 10 [section 102-12], (planning and zoning commission), and article 12 [section 102-13], (amendments).

No permit shall be denied on the basis of the environmental effects of radio frequency emissions to the extent that the telecommunications structure complies with FCC regulations concerning emissions.

11.0

Findings. All decisions rendered by the reviewing body under a public hearing review shall be supported by substantial written evidence based upon the written record.

12.0

Action by board of commissioners.

12.1

Following its public hearing on the application the board of commissioners may:

Adopt the proposed amendments as presented in the application.

Adopt the proposed amendment as revised or supplemented by conditions of approval established by the board; said revisions may include, if the proposed amendment is for the rezoning of property, rezoning to the proposed zoning district with conditions or rezoning to any other less intense zoning district with or without conditions;

Deny the proposed amendment as presented in the application in whole or in part; or

Table the proposed application for more evidence until the next scheduled meeting.

13.0

Timing of decision.

13.1

The reviewing body shall render a decision on the review request within 45 days of the date of the public advertisement for review before the reviewing body, unless the reviewing body can demonstrate that more time is required.

14.0

Appeals.

14.1

If the application is denied by the community development appeals board after the final public hearing, the applicant shall appeal by certiorari to the superior court.

14.2

If the application is denied by the county commission after the final public hearing, the applicant shall appeal as prescribed by law.

15.0

Legal status provisions.

15.1

Noncompliance. Noncompliance of characteristics of structures and site development created by the application shall not in any way limit the legal use of the property, nor in any manner limit the repair, maintenance, or reconstruction of a noncomplying characteristic or feature; however, in no instance shall the degree of noncompliance be increased except as otherwise permitted by this chapter.

15.2

Notice. Notice of violations will be sent by registered mail to the owner and he will have 30 days from the date the notification is issued to make repairs. The owner will notify the community development department that the repairs have been made, and as soon as possible thereafter, another inspection will be made and the owner notified of the results.

15.3

Violations. Any person who shall violate any of the provisions of this chapter shall be guilty of a misdemeanor.

15.4

Interpretation. It is not the intention of this chapter to interfere with, abrogate, or annul any covenant or other agreement between parties, provided, however, where this chapter imposes a greater restriction upon the use or premises for antenna array or towers than is imposed or required by other ordinances, rules, regulations, or permits, or by covenants or agreements, the provisions of this chapter shall govern.

15.5

Conflict with other laws. Whenever the regulations of this chapter require less height or greater set back lines or impose other more restrictive standards than are required in or under the zoning ordinance or any other statute, the requirements of this chapter shall govern. Whenever the provisions of the zoning ordinance or any other statute require more restrictive standards than those of this chapter, the provisions of the zoning ordinance or such statutes shall govern.

15.6

Severability. In the event any article, section, subsection, sentence, clause or phrase of this chapter shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other articles, section, subsection, sentences, clauses, or phrases of this chapter, which shall remain in full force and effect, as if the article, section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part thereof. The governing authority hereby declares that it would have adopted the remaining parts of the chapter if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

15.7

Repeal of conflicting resolutions. All resolutions and parts of resolutions in conflict with this resolution are hereby repealed.

9.4.

Watershed protection districts.

1.0

Purpose. It is essential that the quality and supply of public drinking water be reasonably protected. This chapter provides for the establishment of buffer zones around streams, specifies allowable impervious surface densities within watersheds, and requires the use of best management practices for land use within the water supply districts. Natural protection such as buffer areas are best able to filter rainfall and stormwater runoff prior to that water flowing into perennial streams, which lead to water supply reservoirs. Minimizing the transport of pollutants and sediments to the water supply reservoirs guarantees a healthy yield from the water supply watersheds. This protection is necessary for the enhancement of public health, safety and welfare as well as to assure that surface sources of drinking water are of high quality and reasonably free from contaminating sources in order to be treated to meet all state and federal drinking water standards.

2.0

Definitions. Except as specifically defined herein, all words used in this chapter have their customary dictionary definitions. For the purpose of this chapter, certain words or terms are hereby defined. Words used in the present tense include the future tense. Words used in the singular include the plural, and words used in the plural include the singular. The word "shall" is mandatory. The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual. The word "used " or "occupied," as applied to any land or building, shall be construed to include the words "intended, arranged or designated to be used or occupied."

Buffer means a natural or enhanced vegetated area with no or limited minor land disturbances, such as trails and picnic areas. Specific buffer uses may include agricultural and forestry uses as long as the uses are consistent with the criteria established by this chapter.

Corridor means all land within the buffer areas and other setback areas specified in sections 102-7 and 102-8.

County means Carroll County.

Impervious surface means a man-made structure or surface which prevents the infiltration of storm water into the ground below the structure or surface. Examples are buildings, roads, driveways, parking lots, decks, swimming pools, or patios.

Large water supply watersheds means a watershed having 100 square miles or more of land within the drainage basin upstream of a governmentally owned public drinking water supply intake.

Perennial stream means a stream that flows throughout the whole year as indicated on a United States Geologic Survey, ("USGS"), quadrant map.

Reservoir boundary means the edge of a water supply reservoir defined by its normal pool level.

Small water supply watersheds means a watershed having less than 100 square miles of land within the drainage basin upstream of a governmentally owned public drinking water supply intake.

Utility means a public or private water or sewer piping systems, water or sewer pumping stations, electric power lines, fuel pipelines, telephone lines, roads, driveways, bridges, river/lake access facilities, storm water systems and railroads or other utilities identified by the county.

Water supply reservoir means a governmentally owned impoundment of water for the primary purpose of providing water to one or more governmentally owned public drinking water system. This excludes the multipurpose reservoirs owned by the U.S. Army Corps of Engineers.

Water supply watershed means the area of land upstream of a governmentally owned public drinking water intake.

Water supply watershed protection plan means a land use plan prepared and adopted by local governments for the protection of the quality of drinking water obtained from the watershed.

3.0

District delineation. The protected water supply watershed overlays are hereby designated, and shall consist of the land areas that drain to the public water supply intake or water supply reservoir. The boundaries of these overlays are defined by the ridge lines of the respective watersheds and the boundary of a radius of seven miles upstream of the respective public water supply intakes. These overlays shall be further delineated and defined on the water supply watershed protection district overlay map, ("overlay map"), of the county official zoning map. The overlay map shall be identified by the signature of the chairman of the board of commissioners, attested to by the clerk of the board of commissioners, together with the seal of the county and the date of the resolution that the board of commissioner's recognizes the overlay map. The overlay map is also incorporated into and made a part of this chapter by reference.

4.0

Non-conforming uses.

4.1

Existing uses. An existing use of land existing at the effective date of the ordinance from which this chapter is derived may be continued, as herein provided. A non-conforming tract, parcel, or lot may build, repair, and/or expand such structure without having to conform to the provisions of this chapter, so long as such improvements to the structure(s) use best management practices to manage stormwater runoff from said tract, parcel, or lot. All septic tanks, however, that are constructed after the effective date of the ordinance from which this chapter is derived shall conform to the provisions of this chapter.

4.2

Abandoned uses. An abandoned non-conforming use, which has been razed, damaged, destroyed or demolished through any act, may be replaced, rebuild, or reestablished after destruction or loss. However, if said non-conforming use is not reestablished for a continuous period of one year, the same shall not be re-established. Any future use after such abandonment shall be in conformity with the provisions of this chapter.

5.0

Identification of existing and future water supply watersheds.

5.1

Existing large water supply watersheds.

Reserved;

Dog River Watershed;

Little Tallapoosa River Structure #36, a/k/a Lake Buckhorn;

Little Tallapoosa River from the Little Tallapoosa River Structure #36 to intersection with CR 49, Salem Church Road;

Lower Little Tallapoosa River Structure #35;

Lower Little Tallapoosa River Structure #86, a/k/a Lake Tisinger; and

Turkey Creek from Lower Little Tallapoosa River Structure #86 to downstream intersection with U.S. Highway 100 (approximate distance of 1/4 mile.)

5.2

Existing small water supply watersheds.

Sharpe Creek Watershed;

Little Tallapoosa River Structure #31; and

Little Tallapoosa River Structure #29; a/k/a Lake Paradise.

Snake Creek Reservoir, a/k/a H.C. Seaton Reservoir.

5.3

Future water supply watersheds. None at present time.

5.4

Withdrawals. All proposed withdrawals for public water supply must be approved by the department of natural resources.

6.0

Exemptions.

6.1

Existing Uses. Land uses existing at or prior to the date of enactment of the ordinance from which this chapter is derived and land uses existing prior to any management agreements as specified in sections 102-7(7.3) and 102-8(8.3). [Note sections 102-14(14.4) and (14.5)].

6.2

Mining activity. Mining activity under the following conditions:

Receipt of an appropriate variance from the county board of commissioners; and

Receipt of a permit from the department of natural resources under the Surface Mining Act, as amended.

6.3

Utilities. If the utilities to be located in the buffer or setback areas cannot feasibly be located outside these areas, then utilities shall be exempt from the stream corridor buffer and setback area provisions of water supply watershed protection plans under the following conditions:

The utilities shall be located as far from the stream bank as reasonably possible.

The installation and maintenance of the utilities shall be such to protect the integrity of the buffer and setback areas as best as reasonably possible.

The utilities shall not impair the quality of the drinking water stream.

6.4

Forestry and agricultural. Specific forestry and agricultural activities from the stream corridor buffer and setback area provisions of overlay districts under the following conditions:

The activity shall be consistent with best management practices established by the Georgia Forestry Commission or the Georgia Department of Agriculture.

7.0

Minimum criteria for large water supply watersheds. The stream corridors of the perennial tributaries of a large water supply watershed tributary to the water supply intake shall have the following specified minimum criteria:

7.1

Corridors. The corridors of all perennial streams in a large water supply watershed tributary to a water supply reservoir within a seven mile radius of the reservoir boundary are protected by the following criteria:

A buffer shall be maintained for a distance of 100 feet on both sides of the stream as measured from the stream banks.

After the effective date of the ordinance from which this chapter is derived, no more than 25 percent of the land area of any tract, parcel, or lot on which any structure or building is placed may be covered by impervious surface within a 150 foot setback area on both sides of the stream as measured from the stream banks and the reservoir boundary.

Septic tank and septic tank drain fields are prohibited within a 150 foot setback area on both sides of the stream as measured from the stream banks and the reservoir boundary.

7.2

New facilities. New facilities located within seven miles radius upstream of a water supply intake or water supply reservoir, which handle hazardous materials of the types and amounts determined by the department of natural resources, shall perform their operations on impermeable surfaces having spill and leak collection systems as prescribed by the department of natural resources.

7.3

Management agreements. The water supply reservoirs in large water supply watersheds are to be managed according to any agreements required by state law.

8.0

Minimum criteria for small water supply watersheds.

8.1

Stream corridor criteria.

The perennial stream corridors of a small water supply watershed within a seven mile radius upstream of a governmentally owned public drinking water supply intake or water supply reservoir are protected by the following criteria:

(1)

A buffer shall be maintained for a distance of 100 feet on both sides of the stream as measured from the stream banks.

(2)

No impervious surface shall be constructed within a 150-foot setback on both sides of the stream as measured from the stream banks.

(3)

Septic tanks, and septic tank drain fields are prohibited within a 150-foot setback area on both sides of the stream as measured from the stream banks and reservoir boundary.

The perennial stream corridors within a small water supply watershed and outside a seven mile radius upstream of a governmentally owned public drinking water supply intake or water supply reservoir are protected by the following criteria:

(1)

A buffer shall be maintained for a distance of 50 feet on both sides of the stream as measured from the stream banks.

(2)

No impervious surface shall be constructed within a 75-foot setback area on both sides of the stream as measured from the stream banks.

(3)

Septic tanks and septic tanks drainfields are prohibited in the setback areas of b(2) above.

8.2

Additional criteria. The following criteria apply at all locations in a small water supply watershed.

New sanitary landfills are allowed only if they have synthetic liners and leachate collection systems.

New hazardous waste treatment or disposal facilities are prohibited.

The impervious surface area, including all public and private structures, utilities, or facilities, of the entire water supply watershed shall be limited to 25 percent, or existing use, which ever is greater.

New facilities which handle hazardous materials of the types and amounts determined by the department of natural resources, shall perform their operations on impermeable surfaces having spill and leak collection systems as prescribed by the department of natural resources.

8.3

Water supply reservoir criteria.

The owner of a water supply reservoir shall develop a reservoir management plan for approval by the department of natural resources.

A buffer shall be maintained for a distance of 150 feet from the reservoir boundary. The allowable buffer vegetation and disturbance shall be specified in the reservoir management plan.

Septic tanks and wastewater disposal fields are prohibited within a 150-foot setback area as measured from the reservoir boundary.

9.0

Variance from standards. The board of commissioners shall have authority to grant an application for a variance in cases where strict adherence to setback, separation or other standards will cause an applicant special difficulties that includes one or more than the following:

9.1

A landowner or applicant demonstrate a hardship relating to the land which is peculiar to that owner and not shared by others in the district;

9.2

Granting the variance should not result in a detriment to the public good or the purposes under this chapter; and

9.3

If requested by the board of commissioners, applicant shall set forth the inconsistent provisions, contrary regulations, and/or hardship upon the applicant in detail and present the same in writing to the board of commissioners.

10.0

Administrative review procedure for variances.

10.1

Submitting applications. All applications for variances shall first be submitted to the planning and zoning department of the county. When an application is received, the planning and zoning department shall set a time and place for a public hearing before the planning and zoning commission and a time and place for a public hearing before the board of commissioners. Notice of the hearings must be published in a newspaper of general circulation in the county at least 15 days before each hearing. Any person may appear at the hearing or have a representative attend instead.

10.2

Procedure. All applications for variances shall be referred to the planning and zoning commission. The planning and zoning commission shall prepare and conduct the public hearing on the variance application in a manner similar to that set forth in section 102-13(13.6), as amended. The planning commission shall have 45 days following the date of filing within which to review the variance application and submit a recommendation to the board of commissioners. A review of an application may be extended an additional 30 days by the planning commission if just cause is shown that further time is needed to study the variance application and the board of commissioners is notified of said extension in writing. If the planning commission fails to forward its recommendations to the board of commissioners within the time period stated, the board of commissioners may assume that the planning commission has approved of the proposed application.

11.0

Criteria for approval. Approval of a request for a variance in the overlay district shall be narrowly construed and shall be based upon the consideration and weight of one or more of the following criteria:

11.1

The danger to life and property due to increased flood heights or velocities caused by the applicant's encroachments;

11.2

The dangers that materials may be swept on to other lands or downstream to the injury of others;

11.3

The proposed water supply and sanitation systems and the ability of these systems to avoid causing disease, contamination, and unsanitary conditions;

11.4

The susceptibility of the proposed use to flood damage and the effect of such damage on the owner;

11.5

The importance of the proposed use to the community;

11.6

The availability of alternative locations, not subject to flooding, for the proposed use;

11.7

The compatibility of the proposed use with more existing and foreseeable nearby uses;

11.8

The relationship of the proposed use to the comprehensive plan and flood plain management program in the area;

11.9

The safety of access to the property in times of flood for ordinary and emergency vehicles; or

11.10

The expected heights, velocity, duration, rate of rise, and sediment transport of the flood water expected at the site.

12.0

Action by board of commissioners. The board of commissioners shall prepare and conduct the public hearing on the variance application in a manner similar to that set forth in section 102-14(14.5), as amended. The board of commissioners shall then make an official decision on the proposed amendment. The official decision shall be made within 45 days from the date of receipt of the planning commission's recommendation.

13.0

Appeals. If the application is denied by the board of commissioners after the final public hearing, the applicant shall appeal by certiorari to the superior court.

14.0

Legal status provisions.

14.1

14.2

14.3

Violations. Any person who shall violate any of the provisions of this chapter shall be guilty of a misdemeanor.

14.4

Interpretation. The overlay districts shall extend and cover other zoning districts on the official zoning map, as identified in the zoning regulations of the county, as amended. The overlay districts are not designed to replace the districts formerly occupying that space but, instead, add a new layer of controls. Each parcel of land within the overlay districts, subject to the exceptions and variances that may be granted herein, shall be subject to the provisions, regulations, and restrictions of both the overlay districts and its underlying zoning district(s). It is not, however, the intention of this chapter to interfere with, abrogate, or annul any covenant or other agreement between parties.

14.5

Conflict with other laws. In the event of a conflict or discrepancy between the requirements of the overlay districts, the underlying zoning district(s), or any other ordinance or resolution, which has been enacted to establish measures to protect the quality of present and future water supply for the county and neighboring localities, the earliest date of enactment shall govern and determined the respective provision to be applied.

14.6

14.7

Repeal of conflicting resolutions. All ordinances and resolutions and parts of resolutions in conflict with the resolution and ordinance from which this chapter is derived are hereby repealed, except that the repeal of a zoning ordinance or resolution shall not affect any punishment or penalty incurred before the repeal too effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed under the zoning ordinance or resolution.

15.0.

The Snake Creek Watershed Protection District.

15.1.

Regulations for development with the Snake Creek Watershed Protection District.

In order that Carroll County and surrounding areas may continue to have a health economic climate, it is essential that adequate supplies of drinking water be assured. Conflicts can arise in meeting this goal when industrial, urban or suburban development occurs within area that are close to water supply reservoirs or the drainage areas supplying water to said reservoirs. Sedimentation and erosion from development reduce the storage capacity of reservoirs. Storm water runoff from developed areas can introduce pollutants into the drinking water supply, making water treatment more complicated and expensive. Effluent from nearby wastewater treatment plants can release phosphorus and other pollutants into the water supply, making water either undrinkable, expensive to treat, or unusable for recreation purposes. Certain types of industrial land uses create the risk of chemical spills occurring and contaminating the nearby reservoir before the spill can be contained.

The purpose of the Snake Creek Watershed Protection District is to establish measures to protect the quality of the present and future water supply for Carroll County and neighboring localities. Because these protective measures allow some latitude with the land uses, and because the district is not intended to prescribe a specific land use, but rather a range of acceptable land uses, the Snake creek Watershed Protection District is designed as an overlay district. Within the range of land uses that can be located within the district, there are established in this section performance standards that apply to development that occurs in that district.

The purpose of this ordinance is to create a zoning district to be known as the Snake Creek Watershed Protection District (hereinafter referred to as the "district"), which such area has a unique environmental importance to Carroll County.

The ordinance is intended to maintain the current high water quality of the surface water (rivers, creeks, streams and spring) and underground water of the Snake Creek Watershed Basin and to preserve and ensure that same continuing high water quality of said basin for the future. The zoning for said district is intended to provide for certain permitted uses as hereinafter provided and to protect the underground and surface water of said basin from polluting effects of uncontrolled development and from encroachments of those uses that are not compatible with a protected watershed.

15.2.

Establishment of district. The Snake Creek Watershed Protection District shall consist of two parts 1) a water quality critical area; and 2) a limited restriction area.

A water quality critical area (hereinafter referred to he "critical area") may be established for land which lies to the shore line of the H.C. Seaton Reservoir and extends within the watershed area of the reservoir to a point beyond either the ridge line of the reservoir watershed or 1,000 feet from the shore lines of the reservoir at flood stage level (defined as height equal to top of spillway of dam) whichever is the shorted distance.

A limited restriction area (hereinafter referred to as the "limited restriction area") shall be established for the watershed area of the Reservoir and Snake Creek (primary stream serving the reservoir) and shall include the headwaters if Snake Creek and the surface waters and tributaries flowing into Snake Creek. The limited restriction area shall encompass all of these surface waters, tributaries, and creeks feeding Snake Creek and the Reservoir and an area defined as 150 feet wide on both sides of the designated streams plus an area within 150 feet of the Reservoir shore line at flood stage level (defined as height equal to top of spillway dam).

15.3.

Definitions.

Unless otherwise noted, any "set back" measurements hereinafter stated shall be measured from the banks of any river, creek stream, spring or body of water that is located within the district or the outer property line of any property owned, operated, managed, or maintained by Carroll County Water Authority as a water source, whichever is greater.

The words "surface water" as herein used shall mean and include any river, creek, stream spring or body of water located within the district.

The words "underground water" as herein used shall mean and include any water located underground in the district.

The word " toxic" as herein used shall mean any chemical substance that has been defined as toxic by the Environmental Protection Division of the State of Georgia ( E.P.D), the Department of Agriculture of the State of Georgia (G.D.A), or the Environmental Protection Agency of the United States ( E.P.A)

15.4.

Restrictive uses of property located within the water quality critical area. Any property lying within the water quality area shall have in addition to the restrictive uses hereinafter set out the following restrictions:

Permitted residential uses.

Minimum lot size.

One acre, if served by public sewer.

Residential lots, all or a portion of which lie within 400 feet of the reservoir, served by septic tank and nitrification filed, shall be a minimum of two acres in size. All other residential lots lying within the critical area, outside the 400-foot line, shall be a minimum of one acre in size.

15.5.

Minimum set back lines from building or structure. On any property adjacent or contiguous to a water-source reservoir or stream the minimum set back line for the construction of a residential building or structure shall be established as follows:

The building set back line shall be a minimum of 100 feet from the high-water flood line.

Minimum set back lines for nitrification field line: 250 feet from high water flood line.

Permitted agricultural uses.

Minimum set back lines for building or structure: same as residential construction.

II.

Minimum set back lines for nitrification field line: same as for residential.

III.

Minimum set back lines for cultivation: 50 feet from high water flood line.

Commercial: No commercial structures or uses of any nature.

Industrial: No industrial structures or uses of any nature.

15.6.

Permitted uses. The following uses of property located within the critical area are permitted provided they meet the requirements stated in this ordinance; and

Single-family dwellings.

Row crops and pasture.

Family and commercial agriculture.

Non-commercial agriculture, poultry, dairying, horse and livestock raising and greenhouses, as an accessory use to a permitted residential dwelling for the principal benefit of the occupants thereof.

Riding stables and academics.

Sale of products and commodities grown solely on the premises.

Schools, colleges, and publicly owned and operated community structures.

Public utility structures, building and land.

Accessory uses and buildings.

10.

Public parks, playgrounds, community buildings, golf courses and similar public service facilities.

11.

Privately owned day nurseries, pre-school, and kindergartens.

12.

Churches, similar places of worship, and non-commercial cemeteries.

13.

Clubs, private and public, including golf and country clubs, fishing and hunting clubs and other similar enterprises.

14.

Home occupations.

15.

Lakes and impoundments built to soil conversation service specifications.

15.7.

Restrictions and limitations in the limited restriction area. The following restrictions and limitations shall apply to property, all or a portion of which, adjoins or lies within 150 feet of the reservoir flood stage level within or 150 feet of any designated stream within the limited restriction area of the district.

Permitted residential use:

Single-family dwelling-minimum lot size: 3/4 acre if served by public sewerage 1 1/4, if served by septic tank and nitrification field.

Multi-family dwellings, which are served by public sewerage.

Minimum set back lines from water source or flood way for building or structure for single-family and multi-family dwellings: 150 feet.

Minimum set back nitrification field and dwellings: 150 feet

Permitted agricultural use: Lines for septic tank and line for single-family

Minimum set back lines for septic tanks and nitrification field: 150 feet

Minimum set back lines for residential structures: 150 feet

Minimum set back lines for barns and other accessory buildings: 150 feet

Minimum Set Back lines for cultivation: 100 feet

Permitted commercial use:

Minimum lot size: Two acres.

Minimum set back lines for structure, nitrification field, accessory building or parking lot: 150 feet.

Permitted industrial use:

Minimum lot size: Five acres

Minimum set back lines for structure, accessory building or parking lot: 150 feet.

Minimum Set Back lines for septic tank and nitrification field line: 150 feet.

15.8.

Prohibited uses. The following activities shall not be permitted within the district.

No sewage treatment facility shall be constructed in the district unless Carroll County Water Autrhoriy and E.P.D grant prior approval.

No commercial or industrial business, which uses, sells, stores, or maintains any toxic chemicals, toxic waste or toxic wastes or toxic products.

No agricultural or industrial business which uses, sell, stores, or maintains any toxic chemicals, toxic waste or toxic products

No agricultural activity that does not strictly comply with Georgia pesticides Act of 1976, Georgia Pesticide Use and Application Act of 1976, and Georgia Laws 1982, House bill 1780 (O.C.G.A. § 2-1-4) and (O.C.G.A. § 2-7-90 et. .Seq).

No industry, business or facility, which uses, makes or creates as a product or by product any toxic wastes, heavy material, grease, or animal fat.

No dumping, discharging, releasing, spraying, distributing of any toxic or other harmful products onto the land into the atmosphere or in a stream or body of water located in the area above described.

No landfills or waste disposal facilities of any kind (except for approval septic tanks).

No underground fuel or chemical storage tanks are allowed. For purposes of this section underground refers to the burial of such tanks below the surface of the ground or the covering of then by a bream built above grade. Spill containments measures (i.e. dikes, doublelined tanks, etc.) Must be taken for any aboveground fuel or chemical storage tank.

15.9.

Restriction on land below dam site. The following additional restrictions shall apply to land lying in the district that is located behind and below any existing water reservoir, dam or any planned water reservoir or dam.

No building or accessory buildings shall be constructed any lower than the maximum flood elevation for a distance of one mile downstream from the dam of the reservoir.

15.10.

Impervious surface limitations. In order to prevent an excessive amount of storm-water runoff from damaging the water quality of the reservoir, it is necessary to encourage as much infiltration as possible of runoff from hard surfaces onto land area, which can absorb and filter runoff. For the purposes of this section, an impervious surface us defined as a surface composed of any material that impedes or prevents natural infiltration of water into the soil impervious surfaces may include, but are not limited to: roofs, streets, parking area, tennis courts, driveways, patios, sidewalks, and any concrete, asphalt or compacted gravel surface. Impervious surface calculations for an individual development shall be cumulative for original construction or any subsequent additions, which are made. The following impervious surface limits shall be applied to the district as specified below.

No impervious surface shall be constructed within 150 feet setback from reservoir flood stage level or within a 150 feet setback area on both sides of the stream as measured from the stream banks.

There shall be limitation of no more than 25 percent of the land area or the existing use, whichever is greater of that portion of a single development located within the boundaries of the limited restriction area, which may be covered by an impervious surface. Roof areas of residential buildings not in excess of roof runoff is kept from directly or indirectly entering the street or parking/driveway drainage systems, but is directed rather onto lawn or natural vegetation area within the confides of the particular lot or development in which the roof is located.

15.11.

Special runoff and drainage requirements. It is necessary to impose several requirements on development in the district in order to prevent damage to water quality that is not necessarily attributed to an individual property within a development. These requirements are as specified below:

Stormwater runoff retention. For development within the district, measure shall be employed to infiltrate, retain or detain (detention being least preferred) stormwater runoff from impervious surfaces. Methods to accomplish that infiltration, retention or detention shall be shown on the development site plan. The area to which this requirement shall apply may be for each individual lot within a single development, or the development as a whole. If the developer elects to satisfy this requirement for the development as a whole, the site plan shall indicate how many devices or structures used to accomplish retention, infiltration or detention shall be maintained. The developer will not be required to employ measures to retain or detain runoff from driveways walkways or patios located on private residential lots as long as the runoff from said surfaces is controlled to allow infiltration of the same into surrounding lawn or ground cover.

Buffer zones around reservoir and along streams. A 100-foot wide buffer zone shall be maintained in all banks surrounding the Reservoir. Said buffer zone shall start at the high water flood level of the Reservoir and extend outward. A 100-foot wide buffer zone shall be maintained on both sides of all perennial streams within the limited restriction area. Said buffer zone shall begin at the top of the adjoining banks on the streams.

Briars and dead brush in the buffer zones may be removed by the land owner. Ground within this buffer zone may be only minimally distributed; it may be bush hogged, but it may not be plowed or harrowed or otherwise distributed. Flowering shrubs and trees may be planted in the buffer, and grasses may be sown, however no pesticides, herbicides or other weed killer compounds may be used in this area. Animals shall be permitted to graze in the buffer, but excessive grazing which results in all vegetation being stripped from the buffer zone will not be allowed. Timber may be harvested in a controlled method, with trees to be cut to fall away from the stream. Stumps may be individually removed if the hole is filled and steps are taken to prevent erosion.

Street runoff and drainage. New streets constructed within the district shall not require curb and gutter unless otherwise required by subdivision ordinances. New streets, which cross perennial stream within the district, shall be designed to limit direct runoff from pavement surfaces into the stream it crosses. Such design features shall be indicated on the site plan submitted by a developer.

Street, crossing, utility lines, recreational and green way facilities and recreation related paved surfaces may be allowed as exceptions to vegetative buffer requirement in buffer area, flood ways and flood way fringe areas. However, such intrusion shall be minimized or mitigate to the extent possible.

15.12.

Pre-existing conditions. All parcels of land within the district at the time of the passage of this ordinance [from which this section derived] that do not conform or come within the permitted uses or the minimum standards hereinafter set out shall be governed by the Zoning Regulations of Carroll County, Georgia, as amended, as it relates to nonconforming uses and activities.

15.13.

Zoning and building permits. The following additional requirement must be met prior to obtaining rezoning or building permits within the district

Should the owner of a lot, parcel or tract of land, lying within 150 feet of any surface water in the Limited Area of the district purpose to develop any portion of the property, the owner or his authorized agent shall submit a topographical survey or drawing to scale showing the exact location of the surface water and its relationship to the property to be developed.

15.14.

Variances. Variances may be made by the governing authority of Carroll County or by any municipal governing authority located in the district as to lot sizes, uses and activities, provided that sewage generated by the facility located on said property is serviced by an approved public agricultural or industrial facilities which uses, makes or creates as a product or byproduct any toxic substance wastes.

16.0

Sharpe Creek Watershed Protection District.

16.1.

Regulations for development with the Sharpe Creek Watershed Protection District.

The purpose of the Sharpe Creek Watershed Protection District is to establish measures to protect the quality of the present and future water supply for Carroll County and neighboring localities. Because these protective measures allow some latitude with the land uses, and because the district is not intended to prescribe a specific land use, but rather a range of acceptable land uses, the Sharpe Creek Watershed Protection District is designed as an overlay district. Within the range of land uses that can be located within the district, there are established in this section performance standards that apply to development that occurs in that district.

The purpose of this ordinance [from which this section derived] is to create a zoning district to be known as the Sharpe Creek Watershed Protection District (hereinafter referred to as the "District"), which such area has a unique environmental importance to Carroll County.

The ordinance is intended to maintain the current high water quality of the surface water (rivers, creeks, streams and spring) and underground water of the Sharpe Creek Watershed Basin and to preserve and ensure that same continuing high water quality of said basin for the future. The zoning for said district is intended to provide for certain permitted uses as hereinafter provided and to protect the underground and surface water of said basin from polluting effects of uncontrolled development and from encroachments of those uses that are not compatible with a protected watershed.

16.2.

Establishment of district. The Sharpe Creek Watershed Protection District shall consist [of] a limited restriction area.

A limited restriction area (hereinafter referred to as the " limited restriction area") shall be established for the watershed area of the Reservoir and Sharpe Creek (primary stream serving the reservoir) and shall include the headwaters of Sharpe Creek and the surface waters and tributaries flowing into Sharpe Creek. The limited restriction area shall encompass all of these surface waters, tributaries, and creeks feeding Sharpe Creek and the Reservoir and an area defined as 150 feet wide on both sides of the designated streams plus an area within 150 feet of the reservoir shore line at flood stage level (defined as height equal to top of spillway dam).

16.3.

Definitions.

Unless otherwise noted, any "set back" measurements hereinafter stated shall be measured from the banks of any river, creek stream, spring or body of water that is located within the district

The words "surface water" as herein used shall mean and include any river, creek, stream spring or body of water located within the district.

The words "underground water" as herein used shall mean and include any water located underground in the district.

The word "toxic" as herein used shall mean any chemical substance that has been defined as toxic by the Environmental Protection Division of the State of Georgia (E.P.D), the Department of Agriculture of the State of Georgia (G.D.A), or the Environmental Protection Agency of the United States (E.P.A).

16.4.

Restrictions and limitations in the limited restriction area. The following restrictions and limitations shall apply to property, all or a portion of which, adjoins or lies within 150 feet of the reservoir flood stage level or within 150 feet of any designated stream within the limited restriction area of the district.

Permitted residential use:

Single family dwelling-minimum lot size: 3/4 acre if served by public sewerage. 1 ¼ acres, if served by septic tank and nitrification field.

Multi-family dwellings, which are served by public sewerage.

Minimum set back lines from water source or flood way for building or structure for single-family and multi-family dwellings: 150 feet.

Minimum set back nitrification field and dwellings: 150 feet

Permitted agricultural use: Lines for septic tank and line for single-family.

Minimum set back lines for septic tanks and nitrification field: 150 feet

Minimum set back lines for residential structures: 150 feet

Minimum set back lines for barns and other accessory buildings: 150 feet

Minimum set back lines for cultivation: 100 feet

Permitted commercial use:

Minimum lot size: Two acres.

Minimum set back lines for structure, nitrification field, accessory building or parking lot: 150 feet.

Permitted industrial use:

Minimum lot size: Five acres.

Minimum set back lines for structure, accessory building or parking lot: 150 feet.

Minimum set back lines for septic tank and nitrification field lines: 150 feet.

New sanitary landfills are allowed only if they have synthetic liners and leach ate collection systems.

New hazardous waste treatment or disposal facilities are prohibited.

New facilities located within the district, which handle hazardous material of the types and amounts determined by the Georgia Department of Natural Resources, shall perform their operations on impermeable surfaces having spill and leak collection systems as prescribed by the department of natural resources.

16.5.

Restrictions on land below dam site. The following additional restrictions shall apply to land lying in the district that is located behind and below any existing water reservoir, dam, or any planned water reservoir or dam.

No building or accessory buildings shall be constructed any lower than the maximum flood elevation for a distance of one mile downstream from the dam of the reservoir.

16.6.

No impervious surface shall be constructed within 150 feet setback from reservoir flood stage level or within a 150 feet setback area on both sides of the stream as measured from the stream banks.

16.7.

16.8.

Pre-existing conditions. All parcels of land within the district at the time of the passage of this ordinance that do not conform or come within the permitted uses or the minimum standards hereinafter set out shall be governed by the Zoning Regulations of Carroll County, Georgia, as amended, as it relates to nonconforming uses and activities.

16.9.

Zoning and building permits. The following additional requirement must be met prior to obtaining rezoning or building permits within the district.

16.10.

(Ord. of 7-14-98(2), § 9.0; Ord. of 7-14-98(6); Ord. of 3-1-16(1); Ord. of 10-13-98(1); Res. of 4-11-00(1); Ord. of 10-19-04(1), § 1; Ord. of 8-4-20(1), §§ 1, 6, 7, 9)

Carroll County Unincorporated
City Zoning Code

Sec. 102-9

Miscellaneous districts/use requirements/procedure.

9.1.

Office and Institutional District (OI).

1.0

2.0

Permitted uses. No more than 25 percent of the total floor area of any building may be devoted to storage. The following uses shall be permitted within an office/institutional district:

(1)

(2)

(3)

Educational institutions; including colleges and universities, business schools, trade/vocational schools, professional schools, and technical schools.

(4)

Governmental offices and governmental services.

(5)

Medical and dental clinics.

(6)

Hospitals, nursing homes, personal care homes, rest homes and hospices (including an apothecary shop as an accessory use).

(7)

Church or any other place of worship.

(8)

Clubs and lodges catering exclusively to their members and guests.

(9)

Financial services/institutions.

(10)

Funeral homes.

(11)

Museums and libraries.

(12)

Artist studios for crafts, dance, drama, music, and photography.

(13)

Radio and/or television studio, excluding towers and antennae which do not meet the height restrictions of this district.

(14)

Manufacturers' representatives offices; provided no goods are offered for sale at retail.

(15)

Animal hospitals/veterinary offices; outside animal pens and runs are not allowed.

3.0

4.0

Conditional uses. The following conditional uses may be permitted, subject to review and approval of a conditional use permit:

(1)

Residential dwellings and home occupations.

(2)

Day care facilities.

(3)

Restaurant, not including drive-in restaurant.

(4)

Cemeteries and other facilities for disposal of the deceased.

5.0

Dimensional requirements. The following development dimensions are permitted in an office/institutional district:

5.1

Minimum lot area.

Five thousand square feet where public water and sewerage is available.

Twenty thousand square feet where public water or sewerage is available.

Forty thousand square feet where no public water or sewerage is available.

5.2

Minimum lot width. One hundred feet at minimum building setback line.

5.3

Minimum yard requirements.

Front setbacks. Forty feet as measured from the right-of-way line of an adjoining roadway.

Rear yard setbacks. Fifteen feet except where an office/institutional building abuts a residential district there shall be a rear yard of no less than 50 feet.

5.4

Maximum height. Buildings and structures shall be no more than 35 feet tall.

5.5

Maximum lot coverage. The area of the footprint of all buildings and parking shall not exceed 60 percent of the total lot area.

9.2.

Planned Unit Development District (PUD).

9.3.

Telecommunication Antennae and Tower Ordinance.

1.0

2.0

Definitions.

2.1

2.2

2.3

Definitions.

Broadcasting tower means a use associated with a commercial radio or television enterprise that emits radio signals to project transmissions.

Comprehensive plan means a plan, as amended from time to time, that was devised to provide the county with a guide for the future growth and development in accordance with the Georgia Planning Act.

County means Carroll County.

County planner means officer having the primary responsibility to administer the county zoning ordinance.

FAA means Federal Aviation Administration.

FCC means Federal Communications Commission.

Governing authority means the chairman and board of commissioners for the county.

Lot width means the shortest distance between the side line of a lot, measured along the building setback line.

Pre-existing telecommunications structure. See section 102-4(4.3).

Reviewing body means applicable board or commission having authority to make a recommendation or make an official decision on the application.

Side yard means a yard adjacent to the front yard.

State means the state of Georgia.

Monopole tower is a wireless communication structure which consists of a single pole structure to support an antenna array and connecting appurtenances.

Surplus space means the portion of usable space on a support structure that has the necessary clearance from other users to allow its use by a telecommunications carrier for an antenna array.

Telecommunications Act means the Telecommunications Act of 1996, 47 U.S.C. §§ 151 et. seq., as now and hereafter amended.

Telecommunication provider means persons who provide telecommunication service through telecommunication structures without ownership or management control of the facilities.

Zoning ordinance means the county zoning ordinance adopted in June 1987, as amended.

3.0

General provisions.

3.1

Application of a building permit for a telecommunications structure.

Fees for telecommunications structure permits are posted in the fee schedule in the planning and zoning office of the county and approved by the board of commissioners.

3.2

3.3

For each application for a building permit for a telecommunications structure for placement on public property, the application must comport to the following procedure:

The property shall be posted with a sign containing the name of the applicant, the day of the hearing, and state the purpose for placement of a proposed telecommunication structure for the site.

The applicant shall be required to submit those documents listed in section 102-7 et seq., (conditional use permits).

3.4

Requirements for a building permit to construct a telecommunications structure.

Complete application to planning and zoning office in the county administrative office building.

Applications must include:

Site plan which includes: north arrow, location of tower on site, topography of site, setbacks, height of structure, equipment facilities, access to site, adjacent roads and adjacent property.

Applicant shall certify in writing that the proposed telecommunications structure meets all FAA and FCC standards and regulations.

Aerial photo of the parcel from the county tax maps.

A general description of the geographic area that the telecommunications structure will provide coverage.

Any information that is required by other sections in this chapter.

Potential for co-location on the support structure.

3.5

Setbacks. Support structures and alternative towers structures shall conform to the following setback requirements:

In agricultural districts, support structures must be set back a minimum of the greater of 100 feet or 50 percent of tower height from the right-of-way and nearest property line.

In commercial and office/institutional districts, support structures must be set back a minimum of 100 feet from the right-of-way and 20 feet from each property line.

In industrial districts, support structures must be set back a minimum of 100 feet from the right-of-way and 20 feet from any property line.

3.6

Setbacks for alternative tower structures. Alternative tower structures shall not mount antennae array or appurtenances so as to extend over property lines.

3.7

3.8

4.0

Supplemental regulations.

4.1

Interference with public safety telecommunications.

Applicants for a telecommunications structure shall be required to provide information on the projected power density of the facility.

4.2

Liability for noncompliance. No time period stated herein shall relieve the owner of a telecommunication structure from responsibility to maintain a safe facility.

4.3

Pre-existing telecommunications structures.

The telecommunications structure may continue in use for the purpose then used, but may not be expanded without complying with this chapter, except as expressly provided in this section.

The telecommunications structure may add additional antenna arrays and equipment facilities subject to the conditions in this chapter.

4.4

Two-way radio qualification. A single-owner using two-way radio technology shall not be required to obtain a conditional use permit for a telecommunications structure where:

The support structure has a height of less than 100 feet and a diameter of less than 24 inches, the diameter being measured at the greatest point;

The property is located in a commercial or industrial district; and

The telecommunications structure is a single-user structure.

5.0

5.1

Design requirements.

5.2

Landscape and buffer requirements.

Additional landscaping and buffer requirements:

In office/institutional and commercial districts, a perimeter buffer having a depth of 15 feet shall be required with the same requirements set forth in subsection 3.a.

In industrial districts, a ten-foot buffer shall be required with the same requirements set forth in section 3.a.

5.3

Lights.

5.4

5.5

Signs and advertising. The use of any portion of a tower for signs other than warning or equipment information is prohibited.

5.6

5.7

Co-location efforts required.

An applicant shall certify that it has taken reasonable efforts to develop a co-location alternative for its proposal.

5.8

Height requirements.

Zoning District	Max. Height	Setback	Landscaping Buffer
Agricultural [1] On a tract or parcel having a minimum of 35 acres [2] On a tract or parcel having a minimum of five acres and less than 35 acres	[1] 250 feet [2] 150 feet	Greater of [1] 100 feet or [2] 50 percent of tower height from the right-of-way and nearest property line.	20 feet perimeter as described in this chapter.
All Residential	130 feet	Greater of [1] 100 feet or [2] 50 percent of tower height plus one additional foot for each one (1) foot of tower height in excess of 85 feet from the right-of-way and nearest occupied structure.	20 feet perimeter as described in this chapter.
Commercial/OI	200 feet	100 feet from the right-of-way and 20 feet from each property line.	15 feet perimeter as described in this chapter.
Industrial	250 feet	100 feet from the right-of-way and 20 feet from any property line.	10 feet perimeter as described in this chapter.

6.0

Administrative review by director of community development.

6.1

All applications for conditional use permits, variances, and applications to re-zone shall first be submitted to the planning and zoning commission of the county.

6.2

Administrative review of the application shall insure the following:

Applicant has submitted ten copies of a complete application.

The proposal for the support structure does not exceed height or setback requirements, unless a variance is requested on the same.

Applicant has submitted all required documents, reports, and certifications as set forth in this chapter.

An applicant may apply for a conditional use permit and variance at the same time as long as all documentation is included and applicable requirements as set forth in this Code are met.

7.0

Conditional use permits.

7.1

Applications for a conditional use permit to construct a telecommunications structure shall include the following:

A report from a qualified engineer or engineering firm from which will include:

Documentation of the height above grade for all potential mounting positions for co-located antenna arrays and the minimum separation distances between antenna arrays.

Description of the tower's capacity and power density, including the number and type of antennae that it can accommodate.

A general description of the geographic area for which the telecommunications structure will provide coverage.

Information identifying radio frequencies to be transmitted and the projected power density of the telecommunications structure.

10.

11.

8.0

Variance from standards.

8.1

Preclude effective transmission or reception of signals, or

Results in conditions contrary to purposes of this chapter, or

8.2

Scope of variance for a telecommunications structure applies to:

Setbacks, maximum height, size, or separation requirements; or

8.3

8.4

Is the least height and proximity to adjacent properties necessary to provide the coverage by the communications service provider and to achieve the purposes of this chapter, and

Employs all reasonable measures to provide the visual mitigation that screen the facility from views of adjacent residences or undeveloped residential properties, and

Will not produce noise, vibration, odors or illumination which will adversely impact other properties in the vicinity, and

By means of design or location does not present a hazard to adjacent properties, and

Does not otherwise result in significant adverse impact on the property on which the facility is located, on other properties in the vicinity, or on the community in general.

9.0

Review procedure.

9.1

9.2

9.3

9.4

10.0

Criteria for review.

10.1

The following criteria shall be used by the appropriate reviewing body when making an official decision on an application.

Determination of whether the applicant is in conformity with goals set forth in this chapter and the comprehensive plan.

Reserved.

11.0

Findings. All decisions rendered by the reviewing body under a public hearing review shall be supported by substantial written evidence based upon the written record.

12.0

Action by board of commissioners.

12.1

Following its public hearing on the application the board of commissioners may:

Adopt the proposed amendments as presented in the application.

Deny the proposed amendment as presented in the application in whole or in part; or

Table the proposed application for more evidence until the next scheduled meeting.

13.0

Timing of decision.

13.1

14.0

Appeals.

14.1

If the application is denied by the community development appeals board after the final public hearing, the applicant shall appeal by certiorari to the superior court.

14.2

If the application is denied by the county commission after the final public hearing, the applicant shall appeal as prescribed by law.

15.0

Legal status provisions.

15.1

15.2

15.3

Violations. Any person who shall violate any of the provisions of this chapter shall be guilty of a misdemeanor.

15.4

15.5

15.6

15.7

Repeal of conflicting resolutions. All resolutions and parts of resolutions in conflict with this resolution are hereby repealed.

9.4.

Watershed protection districts.

1.0

2.0

Corridor means all land within the buffer areas and other setback areas specified in sections 102-7 and 102-8.

County means Carroll County.

Large water supply watersheds means a watershed having 100 square miles or more of land within the drainage basin upstream of a governmentally owned public drinking water supply intake.

Perennial stream means a stream that flows throughout the whole year as indicated on a United States Geologic Survey, ("USGS"), quadrant map.

Reservoir boundary means the edge of a water supply reservoir defined by its normal pool level.

Small water supply watersheds means a watershed having less than 100 square miles of land within the drainage basin upstream of a governmentally owned public drinking water supply intake.

Water supply watershed means the area of land upstream of a governmentally owned public drinking water intake.

Water supply watershed protection plan means a land use plan prepared and adopted by local governments for the protection of the quality of drinking water obtained from the watershed.

3.0

4.0

Non-conforming uses.

4.1

4.2

5.0

Identification of existing and future water supply watersheds.

5.1

Existing large water supply watersheds.

Reserved;

Dog River Watershed;

Little Tallapoosa River Structure #36, a/k/a Lake Buckhorn;

Little Tallapoosa River from the Little Tallapoosa River Structure #36 to intersection with CR 49, Salem Church Road;

Lower Little Tallapoosa River Structure #35;

Lower Little Tallapoosa River Structure #86, a/k/a Lake Tisinger; and

Turkey Creek from Lower Little Tallapoosa River Structure #86 to downstream intersection with U.S. Highway 100 (approximate distance of 1/4 mile.)

5.2

Existing small water supply watersheds.

Sharpe Creek Watershed;

Little Tallapoosa River Structure #31; and

Little Tallapoosa River Structure #29; a/k/a Lake Paradise.

Snake Creek Reservoir, a/k/a H.C. Seaton Reservoir.

5.3

Future water supply watersheds. None at present time.

5.4

Withdrawals. All proposed withdrawals for public water supply must be approved by the department of natural resources.

6.0

Exemptions.

6.1

6.2

Mining activity. Mining activity under the following conditions:

Receipt of an appropriate variance from the county board of commissioners; and

Receipt of a permit from the department of natural resources under the Surface Mining Act, as amended.

6.3

The utilities shall be located as far from the stream bank as reasonably possible.

The installation and maintenance of the utilities shall be such to protect the integrity of the buffer and setback areas as best as reasonably possible.

The utilities shall not impair the quality of the drinking water stream.

6.4

Forestry and agricultural. Specific forestry and agricultural activities from the stream corridor buffer and setback area provisions of overlay districts under the following conditions:

The activity shall be consistent with best management practices established by the Georgia Forestry Commission or the Georgia Department of Agriculture.

7.0

7.1

A buffer shall be maintained for a distance of 100 feet on both sides of the stream as measured from the stream banks.

Septic tank and septic tank drain fields are prohibited within a 150 foot setback area on both sides of the stream as measured from the stream banks and the reservoir boundary.

7.2

7.3

Management agreements. The water supply reservoirs in large water supply watersheds are to be managed according to any agreements required by state law.

8.0

Minimum criteria for small water supply watersheds.

8.1

Stream corridor criteria.

(1)

A buffer shall be maintained for a distance of 100 feet on both sides of the stream as measured from the stream banks.

(2)

No impervious surface shall be constructed within a 150-foot setback on both sides of the stream as measured from the stream banks.

(3)

Septic tanks, and septic tank drain fields are prohibited within a 150-foot setback area on both sides of the stream as measured from the stream banks and reservoir boundary.

(1)

A buffer shall be maintained for a distance of 50 feet on both sides of the stream as measured from the stream banks.

(2)

No impervious surface shall be constructed within a 75-foot setback area on both sides of the stream as measured from the stream banks.

(3)

Septic tanks and septic tanks drainfields are prohibited in the setback areas of b(2) above.

8.2

Additional criteria. The following criteria apply at all locations in a small water supply watershed.

New sanitary landfills are allowed only if they have synthetic liners and leachate collection systems.

New hazardous waste treatment or disposal facilities are prohibited.

8.3

Water supply reservoir criteria.

The owner of a water supply reservoir shall develop a reservoir management plan for approval by the department of natural resources.

A buffer shall be maintained for a distance of 150 feet from the reservoir boundary. The allowable buffer vegetation and disturbance shall be specified in the reservoir management plan.

Septic tanks and wastewater disposal fields are prohibited within a 150-foot setback area as measured from the reservoir boundary.

9.0

9.1

A landowner or applicant demonstrate a hardship relating to the land which is peculiar to that owner and not shared by others in the district;

9.2

Granting the variance should not result in a detriment to the public good or the purposes under this chapter; and

9.3

10.0

Administrative review procedure for variances.

10.1

10.2

11.0

11.1

The danger to life and property due to increased flood heights or velocities caused by the applicant's encroachments;

11.2

The dangers that materials may be swept on to other lands or downstream to the injury of others;

11.3

The proposed water supply and sanitation systems and the ability of these systems to avoid causing disease, contamination, and unsanitary conditions;

11.4

The susceptibility of the proposed use to flood damage and the effect of such damage on the owner;

11.5

The importance of the proposed use to the community;

11.6

The availability of alternative locations, not subject to flooding, for the proposed use;

11.7

The compatibility of the proposed use with more existing and foreseeable nearby uses;

11.8

The relationship of the proposed use to the comprehensive plan and flood plain management program in the area;

11.9

The safety of access to the property in times of flood for ordinary and emergency vehicles; or

11.10

The expected heights, velocity, duration, rate of rise, and sediment transport of the flood water expected at the site.

12.0

13.0

Appeals. If the application is denied by the board of commissioners after the final public hearing, the applicant shall appeal by certiorari to the superior court.

14.0

Legal status provisions.

14.1

14.2

14.3

Violations. Any person who shall violate any of the provisions of this chapter shall be guilty of a misdemeanor.

14.4

14.5

14.6

14.7

15.0.

The Snake Creek Watershed Protection District.

15.1.

Regulations for development with the Snake Creek Watershed Protection District.

15.2.

Establishment of district. The Snake Creek Watershed Protection District shall consist of two parts 1) a water quality critical area; and 2) a limited restriction area.

15.3.

Definitions.

The words "surface water" as herein used shall mean and include any river, creek, stream spring or body of water located within the district.

The words "underground water" as herein used shall mean and include any water located underground in the district.

15.4.

Permitted residential uses.

Minimum lot size.

One acre, if served by public sewer.

15.5.

The building set back line shall be a minimum of 100 feet from the high-water flood line.

Minimum set back lines for nitrification field line: 250 feet from high water flood line.

Permitted agricultural uses.

Minimum set back lines for building or structure: same as residential construction.

II.

Minimum set back lines for nitrification field line: same as for residential.

III.

Minimum set back lines for cultivation: 50 feet from high water flood line.

Commercial: No commercial structures or uses of any nature.

Industrial: No industrial structures or uses of any nature.

15.6.

Permitted uses. The following uses of property located within the critical area are permitted provided they meet the requirements stated in this ordinance; and

Single-family dwellings.

Row crops and pasture.

Family and commercial agriculture.

Non-commercial agriculture, poultry, dairying, horse and livestock raising and greenhouses, as an accessory use to a permitted residential dwelling for the principal benefit of the occupants thereof.

Riding stables and academics.

Sale of products and commodities grown solely on the premises.

Schools, colleges, and publicly owned and operated community structures.

Public utility structures, building and land.

Accessory uses and buildings.

10.

Public parks, playgrounds, community buildings, golf courses and similar public service facilities.

11.

Privately owned day nurseries, pre-school, and kindergartens.

12.

Churches, similar places of worship, and non-commercial cemeteries.

13.

Clubs, private and public, including golf and country clubs, fishing and hunting clubs and other similar enterprises.

14.

Home occupations.

15.

Lakes and impoundments built to soil conversation service specifications.

15.7.

Permitted residential use:

Single-family dwelling-minimum lot size: 3/4 acre if served by public sewerage 1 1/4, if served by septic tank and nitrification field.

Multi-family dwellings, which are served by public sewerage.

Minimum set back lines from water source or flood way for building or structure for single-family and multi-family dwellings: 150 feet.

Minimum set back nitrification field and dwellings: 150 feet

Permitted agricultural use: Lines for septic tank and line for single-family

Minimum set back lines for septic tanks and nitrification field: 150 feet

Minimum set back lines for residential structures: 150 feet

Minimum set back lines for barns and other accessory buildings: 150 feet

Minimum Set Back lines for cultivation: 100 feet

Permitted commercial use:

Minimum lot size: Two acres.

Minimum set back lines for structure, nitrification field, accessory building or parking lot: 150 feet.

Permitted industrial use:

Minimum lot size: Five acres

Minimum set back lines for structure, accessory building or parking lot: 150 feet.

Minimum Set Back lines for septic tank and nitrification field line: 150 feet.

15.8.

Prohibited uses. The following activities shall not be permitted within the district.

No sewage treatment facility shall be constructed in the district unless Carroll County Water Autrhoriy and E.P.D grant prior approval.

No commercial or industrial business, which uses, sells, stores, or maintains any toxic chemicals, toxic waste or toxic wastes or toxic products.

No agricultural or industrial business which uses, sell, stores, or maintains any toxic chemicals, toxic waste or toxic products

No industry, business or facility, which uses, makes or creates as a product or by product any toxic wastes, heavy material, grease, or animal fat.

No landfills or waste disposal facilities of any kind (except for approval septic tanks).

15.9.

No building or accessory buildings shall be constructed any lower than the maximum flood elevation for a distance of one mile downstream from the dam of the reservoir.

15.10.

No impervious surface shall be constructed within 150 feet setback from reservoir flood stage level or within a 150 feet setback area on both sides of the stream as measured from the stream banks.

15.11.

15.12.

15.13.

Zoning and building permits. The following additional requirement must be met prior to obtaining rezoning or building permits within the district

15.14.

16.0

Sharpe Creek Watershed Protection District.

16.1.

Regulations for development with the Sharpe Creek Watershed Protection District.

16.2.

Establishment of district. The Sharpe Creek Watershed Protection District shall consist [of] a limited restriction area.

16.3.

Definitions.

Unless otherwise noted, any "set back" measurements hereinafter stated shall be measured from the banks of any river, creek stream, spring or body of water that is located within the district

The words "surface water" as herein used shall mean and include any river, creek, stream spring or body of water located within the district.

The words "underground water" as herein used shall mean and include any water located underground in the district.

The word "toxic" as herein used shall mean any chemical substance that has been defined as toxic by the Environmental Protection Division of the State of Georgia (E.P.D), the Department of Agriculture of the State of Georgia (G.D.A), or the Environmental Protection Agency of the United States (E.P.A).

16.4.

Restrictions and limitations in the limited restriction area. The following restrictions and limitations shall apply to property, all or a portion of which, adjoins or lies within 150 feet of the reservoir flood stage level or within 150 feet of any designated stream within the limited restriction area of the district.

Permitted residential use:

Single family dwelling-minimum lot size: 3/4 acre if served by public sewerage. 1 ¼ acres, if served by septic tank and nitrification field.

Multi-family dwellings, which are served by public sewerage.

Minimum set back lines from water source or flood way for building or structure for single-family and multi-family dwellings: 150 feet.

Minimum set back nitrification field and dwellings: 150 feet

Permitted agricultural use: Lines for septic tank and line for single-family.

Minimum set back lines for septic tanks and nitrification field: 150 feet

Minimum set back lines for residential structures: 150 feet

Minimum set back lines for barns and other accessory buildings: 150 feet

Minimum set back lines for cultivation: 100 feet

Permitted commercial use:

Minimum lot size: Two acres.

Minimum set back lines for structure, nitrification field, accessory building or parking lot: 150 feet.

Permitted industrial use:

Minimum lot size: Five acres.

Minimum set back lines for structure, accessory building or parking lot: 150 feet.

Minimum set back lines for septic tank and nitrification field lines: 150 feet.

New sanitary landfills are allowed only if they have synthetic liners and leach ate collection systems.

New hazardous waste treatment or disposal facilities are prohibited.

16.5.

No building or accessory buildings shall be constructed any lower than the maximum flood elevation for a distance of one mile downstream from the dam of the reservoir.

16.6.

No impervious surface shall be constructed within 150 feet setback from reservoir flood stage level or within a 150 feet setback area on both sides of the stream as measured from the stream banks.

16.7.

16.8.

16.9.

Zoning and building permits. The following additional requirement must be met prior to obtaining rezoning or building permits within the district.

16.10.

(Ord. of 7-14-98(2), § 9.0; Ord. of 7-14-98(6); Ord. of 3-1-16(1); Ord. of 10-13-98(1); Res. of 4-11-00(1); Ord. of 10-19-04(1), § 1; Ord. of 8-4-20(1), §§ 1, 6, 7, 9)

Carroll County Unincorporated
City Zoning Code

Sec. 102-9

Miscellaneous districts/use requirements/procedure.

9.1.

Office and Institutional District (OI).

1.0

2.0

Permitted uses. No more than 25 percent of the total floor area of any building may be devoted to storage. The following uses shall be permitted within an office/institutional district:

(1)

(2)

(3)

Educational institutions; including colleges and universities, business schools, trade/vocational schools, professional schools, and technical schools.

(4)

Governmental offices and governmental services.

(5)

Medical and dental clinics.

(6)

Hospitals, nursing homes, personal care homes, rest homes and hospices (including an apothecary shop as an accessory use).

(7)

Church or any other place of worship.

(8)

Clubs and lodges catering exclusively to their members and guests.

(9)

Financial services/institutions.

(10)

Funeral homes.

(11)

Museums and libraries.

(12)

Artist studios for crafts, dance, drama, music, and photography.

(13)

Radio and/or television studio, excluding towers and antennae which do not meet the height restrictions of this district.

(14)

Manufacturers' representatives offices; provided no goods are offered for sale at retail.

(15)

Animal hospitals/veterinary offices; outside animal pens and runs are not allowed.

3.0

4.0

Conditional uses. The following conditional uses may be permitted, subject to review and approval of a conditional use permit:

(1)

Residential dwellings and home occupations.

(2)

Day care facilities.

(3)

Restaurant, not including drive-in restaurant.

(4)

Cemeteries and other facilities for disposal of the deceased.

5.0

Dimensional requirements. The following development dimensions are permitted in an office/institutional district:

5.1

Minimum lot area.

Five thousand square feet where public water and sewerage is available.

Twenty thousand square feet where public water or sewerage is available.

Forty thousand square feet where no public water or sewerage is available.

5.2

Minimum lot width. One hundred feet at minimum building setback line.

5.3

Minimum yard requirements.

Front setbacks. Forty feet as measured from the right-of-way line of an adjoining roadway.

Rear yard setbacks. Fifteen feet except where an office/institutional building abuts a residential district there shall be a rear yard of no less than 50 feet.

5.4

Maximum height. Buildings and structures shall be no more than 35 feet tall.

5.5

Maximum lot coverage. The area of the footprint of all buildings and parking shall not exceed 60 percent of the total lot area.

9.2.

Planned Unit Development District (PUD).

9.3.

Telecommunication Antennae and Tower Ordinance.

1.0

2.0

Definitions.

2.1

2.2

2.3

Definitions.

Broadcasting tower means a use associated with a commercial radio or television enterprise that emits radio signals to project transmissions.

Comprehensive plan means a plan, as amended from time to time, that was devised to provide the county with a guide for the future growth and development in accordance with the Georgia Planning Act.

County means Carroll County.

County planner means officer having the primary responsibility to administer the county zoning ordinance.

FAA means Federal Aviation Administration.

FCC means Federal Communications Commission.

Governing authority means the chairman and board of commissioners for the county.

Lot width means the shortest distance between the side line of a lot, measured along the building setback line.

Pre-existing telecommunications structure. See section 102-4(4.3).

Reviewing body means applicable board or commission having authority to make a recommendation or make an official decision on the application.

Side yard means a yard adjacent to the front yard.

State means the state of Georgia.

Monopole tower is a wireless communication structure which consists of a single pole structure to support an antenna array and connecting appurtenances.

Surplus space means the portion of usable space on a support structure that has the necessary clearance from other users to allow its use by a telecommunications carrier for an antenna array.

Telecommunications Act means the Telecommunications Act of 1996, 47 U.S.C. §§ 151 et. seq., as now and hereafter amended.

Telecommunication provider means persons who provide telecommunication service through telecommunication structures without ownership or management control of the facilities.

Zoning ordinance means the county zoning ordinance adopted in June 1987, as amended.

3.0

General provisions.

3.1

Application of a building permit for a telecommunications structure.

Fees for telecommunications structure permits are posted in the fee schedule in the planning and zoning office of the county and approved by the board of commissioners.

3.2

3.3

For each application for a building permit for a telecommunications structure for placement on public property, the application must comport to the following procedure:

The property shall be posted with a sign containing the name of the applicant, the day of the hearing, and state the purpose for placement of a proposed telecommunication structure for the site.

The applicant shall be required to submit those documents listed in section 102-7 et seq., (conditional use permits).

3.4

Requirements for a building permit to construct a telecommunications structure.

Complete application to planning and zoning office in the county administrative office building.

Applications must include:

Site plan which includes: north arrow, location of tower on site, topography of site, setbacks, height of structure, equipment facilities, access to site, adjacent roads and adjacent property.

Applicant shall certify in writing that the proposed telecommunications structure meets all FAA and FCC standards and regulations.

Aerial photo of the parcel from the county tax maps.

A general description of the geographic area that the telecommunications structure will provide coverage.

Any information that is required by other sections in this chapter.

Potential for co-location on the support structure.

3.5

Setbacks. Support structures and alternative towers structures shall conform to the following setback requirements:

In agricultural districts, support structures must be set back a minimum of the greater of 100 feet or 50 percent of tower height from the right-of-way and nearest property line.

In commercial and office/institutional districts, support structures must be set back a minimum of 100 feet from the right-of-way and 20 feet from each property line.

In industrial districts, support structures must be set back a minimum of 100 feet from the right-of-way and 20 feet from any property line.

3.6

Setbacks for alternative tower structures. Alternative tower structures shall not mount antennae array or appurtenances so as to extend over property lines.

3.7

3.8

4.0

Supplemental regulations.

4.1

Interference with public safety telecommunications.

Applicants for a telecommunications structure shall be required to provide information on the projected power density of the facility.

4.2

Liability for noncompliance. No time period stated herein shall relieve the owner of a telecommunication structure from responsibility to maintain a safe facility.

4.3

Pre-existing telecommunications structures.

The telecommunications structure may continue in use for the purpose then used, but may not be expanded without complying with this chapter, except as expressly provided in this section.

The telecommunications structure may add additional antenna arrays and equipment facilities subject to the conditions in this chapter.

4.4

Two-way radio qualification. A single-owner using two-way radio technology shall not be required to obtain a conditional use permit for a telecommunications structure where:

The support structure has a height of less than 100 feet and a diameter of less than 24 inches, the diameter being measured at the greatest point;

The property is located in a commercial or industrial district; and

The telecommunications structure is a single-user structure.

5.0

5.1

Design requirements.

5.2

Landscape and buffer requirements.

Additional landscaping and buffer requirements:

In office/institutional and commercial districts, a perimeter buffer having a depth of 15 feet shall be required with the same requirements set forth in subsection 3.a.

In industrial districts, a ten-foot buffer shall be required with the same requirements set forth in section 3.a.

5.3

Lights.

5.4

5.5

Signs and advertising. The use of any portion of a tower for signs other than warning or equipment information is prohibited.

5.6

5.7

Co-location efforts required.

An applicant shall certify that it has taken reasonable efforts to develop a co-location alternative for its proposal.

5.8

Height requirements.

Zoning District	Max. Height	Setback	Landscaping Buffer
Agricultural [1] On a tract or parcel having a minimum of 35 acres [2] On a tract or parcel having a minimum of five acres and less than 35 acres	[1] 250 feet [2] 150 feet	Greater of [1] 100 feet or [2] 50 percent of tower height from the right-of-way and nearest property line.	20 feet perimeter as described in this chapter.
All Residential	130 feet	Greater of [1] 100 feet or [2] 50 percent of tower height plus one additional foot for each one (1) foot of tower height in excess of 85 feet from the right-of-way and nearest occupied structure.	20 feet perimeter as described in this chapter.
Commercial/OI	200 feet	100 feet from the right-of-way and 20 feet from each property line.	15 feet perimeter as described in this chapter.
Industrial	250 feet	100 feet from the right-of-way and 20 feet from any property line.	10 feet perimeter as described in this chapter.

6.0

Administrative review by director of community development.

6.1

All applications for conditional use permits, variances, and applications to re-zone shall first be submitted to the planning and zoning commission of the county.

6.2

Administrative review of the application shall insure the following:

Applicant has submitted ten copies of a complete application.

The proposal for the support structure does not exceed height or setback requirements, unless a variance is requested on the same.

Applicant has submitted all required documents, reports, and certifications as set forth in this chapter.

An applicant may apply for a conditional use permit and variance at the same time as long as all documentation is included and applicable requirements as set forth in this Code are met.

7.0

Conditional use permits.

7.1

Applications for a conditional use permit to construct a telecommunications structure shall include the following:

A report from a qualified engineer or engineering firm from which will include:

Documentation of the height above grade for all potential mounting positions for co-located antenna arrays and the minimum separation distances between antenna arrays.

Description of the tower's capacity and power density, including the number and type of antennae that it can accommodate.

A general description of the geographic area for which the telecommunications structure will provide coverage.

Information identifying radio frequencies to be transmitted and the projected power density of the telecommunications structure.

10.

11.

8.0

Variance from standards.

8.1

Preclude effective transmission or reception of signals, or

Results in conditions contrary to purposes of this chapter, or

8.2

Scope of variance for a telecommunications structure applies to:

Setbacks, maximum height, size, or separation requirements; or

8.3

8.4

Is the least height and proximity to adjacent properties necessary to provide the coverage by the communications service provider and to achieve the purposes of this chapter, and

Employs all reasonable measures to provide the visual mitigation that screen the facility from views of adjacent residences or undeveloped residential properties, and

Will not produce noise, vibration, odors or illumination which will adversely impact other properties in the vicinity, and

By means of design or location does not present a hazard to adjacent properties, and

Does not otherwise result in significant adverse impact on the property on which the facility is located, on other properties in the vicinity, or on the community in general.

9.0

Review procedure.

9.1

9.2

9.3

9.4

10.0

Criteria for review.

10.1

The following criteria shall be used by the appropriate reviewing body when making an official decision on an application.

Determination of whether the applicant is in conformity with goals set forth in this chapter and the comprehensive plan.

Reserved.

11.0

Findings. All decisions rendered by the reviewing body under a public hearing review shall be supported by substantial written evidence based upon the written record.

12.0

Action by board of commissioners.

12.1

Following its public hearing on the application the board of commissioners may:

Adopt the proposed amendments as presented in the application.

Deny the proposed amendment as presented in the application in whole or in part; or

Table the proposed application for more evidence until the next scheduled meeting.

13.0

Timing of decision.

13.1

14.0

Appeals.

14.1

If the application is denied by the community development appeals board after the final public hearing, the applicant shall appeal by certiorari to the superior court.

14.2

If the application is denied by the county commission after the final public hearing, the applicant shall appeal as prescribed by law.

15.0

Legal status provisions.

15.1

15.2

15.3

Violations. Any person who shall violate any of the provisions of this chapter shall be guilty of a misdemeanor.

15.4

15.5

15.6

15.7

Repeal of conflicting resolutions. All resolutions and parts of resolutions in conflict with this resolution are hereby repealed.

9.4.

Watershed protection districts.

1.0

2.0

Corridor means all land within the buffer areas and other setback areas specified in sections 102-7 and 102-8.

County means Carroll County.

Large water supply watersheds means a watershed having 100 square miles or more of land within the drainage basin upstream of a governmentally owned public drinking water supply intake.

Perennial stream means a stream that flows throughout the whole year as indicated on a United States Geologic Survey, ("USGS"), quadrant map.

Reservoir boundary means the edge of a water supply reservoir defined by its normal pool level.

Small water supply watersheds means a watershed having less than 100 square miles of land within the drainage basin upstream of a governmentally owned public drinking water supply intake.

Water supply watershed means the area of land upstream of a governmentally owned public drinking water intake.

Water supply watershed protection plan means a land use plan prepared and adopted by local governments for the protection of the quality of drinking water obtained from the watershed.

3.0

4.0

Non-conforming uses.

4.1

4.2

5.0

Identification of existing and future water supply watersheds.

5.1

Existing large water supply watersheds.

Reserved;

Dog River Watershed;

Little Tallapoosa River Structure #36, a/k/a Lake Buckhorn;

Little Tallapoosa River from the Little Tallapoosa River Structure #36 to intersection with CR 49, Salem Church Road;

Lower Little Tallapoosa River Structure #35;

Lower Little Tallapoosa River Structure #86, a/k/a Lake Tisinger; and

Turkey Creek from Lower Little Tallapoosa River Structure #86 to downstream intersection with U.S. Highway 100 (approximate distance of 1/4 mile.)

5.2

Existing small water supply watersheds.

Sharpe Creek Watershed;

Little Tallapoosa River Structure #31; and

Little Tallapoosa River Structure #29; a/k/a Lake Paradise.

Snake Creek Reservoir, a/k/a H.C. Seaton Reservoir.

5.3

Future water supply watersheds. None at present time.

5.4

Withdrawals. All proposed withdrawals for public water supply must be approved by the department of natural resources.

6.0

Exemptions.

6.1

6.2

Mining activity. Mining activity under the following conditions:

Receipt of an appropriate variance from the county board of commissioners; and

Receipt of a permit from the department of natural resources under the Surface Mining Act, as amended.

6.3

The utilities shall be located as far from the stream bank as reasonably possible.

The installation and maintenance of the utilities shall be such to protect the integrity of the buffer and setback areas as best as reasonably possible.

The utilities shall not impair the quality of the drinking water stream.

6.4

Forestry and agricultural. Specific forestry and agricultural activities from the stream corridor buffer and setback area provisions of overlay districts under the following conditions:

The activity shall be consistent with best management practices established by the Georgia Forestry Commission or the Georgia Department of Agriculture.

7.0

7.1

A buffer shall be maintained for a distance of 100 feet on both sides of the stream as measured from the stream banks.

Septic tank and septic tank drain fields are prohibited within a 150 foot setback area on both sides of the stream as measured from the stream banks and the reservoir boundary.

7.2

7.3

Management agreements. The water supply reservoirs in large water supply watersheds are to be managed according to any agreements required by state law.

8.0

Minimum criteria for small water supply watersheds.

8.1

Stream corridor criteria.

(1)

A buffer shall be maintained for a distance of 100 feet on both sides of the stream as measured from the stream banks.

(2)

No impervious surface shall be constructed within a 150-foot setback on both sides of the stream as measured from the stream banks.

(3)

Septic tanks, and septic tank drain fields are prohibited within a 150-foot setback area on both sides of the stream as measured from the stream banks and reservoir boundary.

(1)

A buffer shall be maintained for a distance of 50 feet on both sides of the stream as measured from the stream banks.

(2)

No impervious surface shall be constructed within a 75-foot setback area on both sides of the stream as measured from the stream banks.

(3)

Septic tanks and septic tanks drainfields are prohibited in the setback areas of b(2) above.

8.2

Additional criteria. The following criteria apply at all locations in a small water supply watershed.

New sanitary landfills are allowed only if they have synthetic liners and leachate collection systems.

New hazardous waste treatment or disposal facilities are prohibited.

8.3

Water supply reservoir criteria.

The owner of a water supply reservoir shall develop a reservoir management plan for approval by the department of natural resources.

A buffer shall be maintained for a distance of 150 feet from the reservoir boundary. The allowable buffer vegetation and disturbance shall be specified in the reservoir management plan.

Septic tanks and wastewater disposal fields are prohibited within a 150-foot setback area as measured from the reservoir boundary.

9.0

9.1

A landowner or applicant demonstrate a hardship relating to the land which is peculiar to that owner and not shared by others in the district;

9.2

Granting the variance should not result in a detriment to the public good or the purposes under this chapter; and

9.3

10.0

Administrative review procedure for variances.

10.1

10.2

11.0

11.1

The danger to life and property due to increased flood heights or velocities caused by the applicant's encroachments;

11.2

The dangers that materials may be swept on to other lands or downstream to the injury of others;

11.3

The proposed water supply and sanitation systems and the ability of these systems to avoid causing disease, contamination, and unsanitary conditions;

11.4

The susceptibility of the proposed use to flood damage and the effect of such damage on the owner;

11.5

The importance of the proposed use to the community;

11.6

The availability of alternative locations, not subject to flooding, for the proposed use;

11.7

The compatibility of the proposed use with more existing and foreseeable nearby uses;

11.8

The relationship of the proposed use to the comprehensive plan and flood plain management program in the area;

11.9

The safety of access to the property in times of flood for ordinary and emergency vehicles; or

11.10

The expected heights, velocity, duration, rate of rise, and sediment transport of the flood water expected at the site.

12.0

13.0

Appeals. If the application is denied by the board of commissioners after the final public hearing, the applicant shall appeal by certiorari to the superior court.

14.0

Legal status provisions.

14.1

14.2

14.3

Violations. Any person who shall violate any of the provisions of this chapter shall be guilty of a misdemeanor.

14.4

14.5

14.6

14.7

15.0.

The Snake Creek Watershed Protection District.

15.1.

Regulations for development with the Snake Creek Watershed Protection District.

15.2.

Establishment of district. The Snake Creek Watershed Protection District shall consist of two parts 1) a water quality critical area; and 2) a limited restriction area.

15.3.

Definitions.

The words "surface water" as herein used shall mean and include any river, creek, stream spring or body of water located within the district.

The words "underground water" as herein used shall mean and include any water located underground in the district.

15.4.

Permitted residential uses.

Minimum lot size.

One acre, if served by public sewer.

15.5.

The building set back line shall be a minimum of 100 feet from the high-water flood line.

Minimum set back lines for nitrification field line: 250 feet from high water flood line.

Permitted agricultural uses.

Minimum set back lines for building or structure: same as residential construction.

II.

Minimum set back lines for nitrification field line: same as for residential.

III.

Minimum set back lines for cultivation: 50 feet from high water flood line.

Commercial: No commercial structures or uses of any nature.

Industrial: No industrial structures or uses of any nature.

15.6.

Permitted uses. The following uses of property located within the critical area are permitted provided they meet the requirements stated in this ordinance; and

Single-family dwellings.

Row crops and pasture.

Family and commercial agriculture.

Non-commercial agriculture, poultry, dairying, horse and livestock raising and greenhouses, as an accessory use to a permitted residential dwelling for the principal benefit of the occupants thereof.

Riding stables and academics.

Sale of products and commodities grown solely on the premises.

Schools, colleges, and publicly owned and operated community structures.

Public utility structures, building and land.

Accessory uses and buildings.

10.

Public parks, playgrounds, community buildings, golf courses and similar public service facilities.

11.

Privately owned day nurseries, pre-school, and kindergartens.

12.

Churches, similar places of worship, and non-commercial cemeteries.

13.

Clubs, private and public, including golf and country clubs, fishing and hunting clubs and other similar enterprises.

14.

Home occupations.

15.

Lakes and impoundments built to soil conversation service specifications.

15.7.

Permitted residential use:

Single-family dwelling-minimum lot size: 3/4 acre if served by public sewerage 1 1/4, if served by septic tank and nitrification field.

Multi-family dwellings, which are served by public sewerage.

Minimum set back lines from water source or flood way for building or structure for single-family and multi-family dwellings: 150 feet.

Minimum set back nitrification field and dwellings: 150 feet

Permitted agricultural use: Lines for septic tank and line for single-family

Minimum set back lines for septic tanks and nitrification field: 150 feet

Minimum set back lines for residential structures: 150 feet

Minimum set back lines for barns and other accessory buildings: 150 feet

Minimum Set Back lines for cultivation: 100 feet

Permitted commercial use:

Minimum lot size: Two acres.

Minimum set back lines for structure, nitrification field, accessory building or parking lot: 150 feet.

Permitted industrial use:

Minimum lot size: Five acres

Minimum set back lines for structure, accessory building or parking lot: 150 feet.

Minimum Set Back lines for septic tank and nitrification field line: 150 feet.

15.8.

Prohibited uses. The following activities shall not be permitted within the district.

No sewage treatment facility shall be constructed in the district unless Carroll County Water Autrhoriy and E.P.D grant prior approval.

No commercial or industrial business, which uses, sells, stores, or maintains any toxic chemicals, toxic waste or toxic wastes or toxic products.

No agricultural or industrial business which uses, sell, stores, or maintains any toxic chemicals, toxic waste or toxic products

No industry, business or facility, which uses, makes or creates as a product or by product any toxic wastes, heavy material, grease, or animal fat.

No landfills or waste disposal facilities of any kind (except for approval septic tanks).

15.9.

No building or accessory buildings shall be constructed any lower than the maximum flood elevation for a distance of one mile downstream from the dam of the reservoir.

15.10.

No impervious surface shall be constructed within 150 feet setback from reservoir flood stage level or within a 150 feet setback area on both sides of the stream as measured from the stream banks.

15.11.

15.12.

15.13.

Zoning and building permits. The following additional requirement must be met prior to obtaining rezoning or building permits within the district

15.14.

16.0

Sharpe Creek Watershed Protection District.

16.1.

Regulations for development with the Sharpe Creek Watershed Protection District.

16.2.

Establishment of district. The Sharpe Creek Watershed Protection District shall consist [of] a limited restriction area.

16.3.

Definitions.

Unless otherwise noted, any "set back" measurements hereinafter stated shall be measured from the banks of any river, creek stream, spring or body of water that is located within the district

The words "surface water" as herein used shall mean and include any river, creek, stream spring or body of water located within the district.

The words "underground water" as herein used shall mean and include any water located underground in the district.

The word "toxic" as herein used shall mean any chemical substance that has been defined as toxic by the Environmental Protection Division of the State of Georgia (E.P.D), the Department of Agriculture of the State of Georgia (G.D.A), or the Environmental Protection Agency of the United States (E.P.A).

16.4.

Restrictions and limitations in the limited restriction area. The following restrictions and limitations shall apply to property, all or a portion of which, adjoins or lies within 150 feet of the reservoir flood stage level or within 150 feet of any designated stream within the limited restriction area of the district.

Permitted residential use:

Single family dwelling-minimum lot size: 3/4 acre if served by public sewerage. 1 ¼ acres, if served by septic tank and nitrification field.

Multi-family dwellings, which are served by public sewerage.

Minimum set back lines from water source or flood way for building or structure for single-family and multi-family dwellings: 150 feet.

Minimum set back nitrification field and dwellings: 150 feet

Permitted agricultural use: Lines for septic tank and line for single-family.

Minimum set back lines for septic tanks and nitrification field: 150 feet

Minimum set back lines for residential structures: 150 feet

Minimum set back lines for barns and other accessory buildings: 150 feet

Minimum set back lines for cultivation: 100 feet

Permitted commercial use:

Minimum lot size: Two acres.

Minimum set back lines for structure, nitrification field, accessory building or parking lot: 150 feet.

Permitted industrial use:

Minimum lot size: Five acres.

Minimum set back lines for structure, accessory building or parking lot: 150 feet.

Minimum set back lines for septic tank and nitrification field lines: 150 feet.

New sanitary landfills are allowed only if they have synthetic liners and leach ate collection systems.

New hazardous waste treatment or disposal facilities are prohibited.

16.5.

No building or accessory buildings shall be constructed any lower than the maximum flood elevation for a distance of one mile downstream from the dam of the reservoir.

16.6.

No impervious surface shall be constructed within 150 feet setback from reservoir flood stage level or within a 150 feet setback area on both sides of the stream as measured from the stream banks.

16.7.

16.8.

16.9.

Zoning and building permits. The following additional requirement must be met prior to obtaining rezoning or building permits within the district.

16.10.

(Ord. of 7-14-98(2), § 9.0; Ord. of 7-14-98(6); Ord. of 3-1-16(1); Ord. of 10-13-98(1); Res. of 4-11-00(1); Ord. of 10-19-04(1), § 1; Ord. of 8-4-20(1), §§ 1, 6, 7, 9)

Carroll County UnincorporatedCity Zoning Code

Sec. 102-9

Carroll County UnincorporatedCity Zoning Code

Sec. 102-9

Carroll County UnincorporatedCity Zoning Code

Sec. 102-9

Carroll County Unincorporated
City Zoning Code

Carroll County Unincorporated
City Zoning Code

Carroll County Unincorporated
City Zoning Code