In interpreting and applying these regulations, the requirements contained herein are declared to be the minimum requirements necessary to carry out the purpose of these regulations. Except as hereinafter provided, these regulations shall not be deemed to interfere with, abolish, annul, or otherwise affect in any manner whatsoever any easements, covenants, or other agreements between parties. Whenever the provisions of these regulations impose greater restrictions upon the use of land, buildings, or structures, or upon the height of buildings, or structures, or require a larger percentage of lot to be left unoccupied than the provisions of other ordinances, rules, regulations, permits, or any easements, covenants, or other agreements between parties, the provisions of these regulations shall govern.

No buildings, structures, or land shall be used or occupied; and no building, structure, or part thereof shall be erected, constructed, reconstructed, moved, enlarged, or structurally altered unless in conformity with the regulations of this chapter.

No building or structure may be erected or use established unless upon a lot as defined by this chapter unless otherwise noted.

Except as herein after provided, there shall be no more than one (1) principal building or structure upon any lot in a single-family residential district.

No open spaces shall be encroached upon or reduced in any manner except in conformity to the yard, setback, off-street parking spaces, and such other regulations required by this chapter for the district in which such building is located. Shrubbery, driveways, retaining walls, fences, curbs, and planted buffer strips shall be construed not to be encroachments of yards. Refer to section 4.20 of this chapter.

No part of any yard, other open space, or off-street parking or loading space required or in connection with any building, structure or use by this chapter shall be considered to be part of a required yard, or other open space, or off-street parking or loading space for any other building structure or use unless otherwise noted.

Except as provided in section 4.18 of this chapter, no lot existing as of November 7, 1996, shall be reduced, divided, or changed so as to produce a tract of land which does not comply with the minimum dimension or area requirements of this chapter for the district in which it is located unless said reduction or division is necessary to provide land that is needed and accepted for public use.

No privately owned structures other than driveways, access walkways, and mailboxes shall be permitted within a public right-of-way. Signs and other structures belonging to the State of Georgia, Bartow County, and the City of Cartersville, or for the purposes of railroad or private utility use are exempt from this provision.

Accessory uses, buildings, or structures on residential lots shall be located within a rear yard only and be a minimum of five (5) feet from all property lines which do not abut a street right-of-way. A detached garage or carport may be allowed in a side yard of a residential lot and, if so placed, shall comply with the side yard setback requirements of the district. In the case of a residential corner lot, in which a lot abuts or adjoins the intersection of two (2) or more streets other than an alley, an accessory structure may be allowed in a side yard and, if so placed, shall comply with the side yard setback requirements of the district.

Accessory uses, buildings, or structures on nonresidential lots shall not be allowed in the front yard and must comply with side and rear yard requirements established for the zoning district in which such accessory buildings or uses are located. The following accessory uses, buildings, or structures on nonresidential lots may be allowed in a front yard of a nonresidential lot and, if so placed, shall comply with the front yard setback requirements of the district: ATMs (automated teller machines) and service stations.

All accessory uses, buildings, or structures in all zoning districts shall be subordinate to the principal structure. An accessory building's floor area shall be no larger than fifty (50) percent of the principal structure floor area. Accessory structures shall not exceed the height of the most prevalent roof top of the principal building on the property.

Outdoor play structures or play sets in commercial districts, commonly associated with fast-food eating establishments, shall be located in a side or rear yard only and shall comply with the required yard setbacks of the district.

All site plans for multifamily, commercial, and industrial buildings shall include a solid waste container pad that has easy and safe access for a front-end loader. Solid waste containers shall be screened from all streets and adjoining properties with a solid, opaque fence or wall which shall be a minimum of six (6) inches taller than the container.

An amenity, as defined by this chapter, shall not be considered an accessory structure.

No building shall be erected on a lot which does not have immediate frontage on at least one (1) public street or private street as allowed by the Cartersville development regulations, for a distance of not less than the minimum allowed frontage for said lot as described in the development standards section of the applicable zoning district, except as provided for in planned developments.

Front yard setback requirements shall apply to all yards having road frontage.

On corner lots within all zoning districts (except the DBD district) no fence, shrubbery or other obstruction to the traffic sight vision, except utility poles or light or sign standards, shall exceed a height of three (3) feet within a triangular area formed by the intersection of the right-of-way lines of two (2) streets or a street intersection with a railroad right-of-way line, and a diagonal line which intersects the right-of-way lines at two (2) points, each twenty (20) feet distance from the intersection of the right-of-way lines, or, in the case of a rounded corner, from the point of intersection of their tangents; provided, however, signs, lights, or similar objects which are totally located at least ten (10) feet above the finished grade shall be permitted.

If either a use or class of use is not specifically indicated as being permitted in a district, either as a matter of right, or as a special use, then such use, class of use, or structures for such uses, shall be prohibited in such district.

Areas annexed to the City of Cartersville subsequent to the adoption of this chapter shall be zoned R-20, unless other zoning is formally requested and approved with the annexation petition. Initial zoning of annexed property shall be charged the required fee for zoning amendments as stated herein.

Emergency shelters for the purpose of protecting individuals from life-threatening weather storms or other emergencies shall be permitted as an accessory structure in all zoning districts and shall meet the setback requirements of such structures in the district.

A.

In all zoning districts:

1.

No fence or wall shall constitute an obstruction to the vision for or create a hazard to vehicular traffic.

2.

No fence or wall, including retaining walls, shall be constructed of exposed concrete block, tires, junk or other discarded materials.

3.

The fencing standards as stated in this section shall not apply to fencing for detention ponds.

4.

The wall standards as stated in this section shall not apply to retaining walls approved by the plan review process for planned developments.

B.

In all residential and commercial zoning districts:

1.

Any fence or wall which extends into the front yard shall be ornamental or decorative, and shall not be opaque. Any such fence or wall may be constructed of brick, stone, wood, wrought iron, split rail, or other decorative material as approved by the zoning administrator.

2.

Fences and walls shall not exceed four (4) feet in height in a front yard and shall not exceed eight (8) feet in height in a side or rear yard.

3.

Chain-link fencing material may be used in the front yard with prior approval of a variance by the board of zoning appeals. No variance is required if chain link fencing material is used in a side or rear yard.

4.

For a corner lot or double frontage lot, a screening or opaque fence may be installed to the rear of the principal structure at a maximum of eight (8) feet in height provided that the fence shall be located behind the required front yard setback and shall not be located adjacent to or abutting a collector or arterial street.

5.

Razor wire (ribbon) shall be prohibited.

C.

In all industrial zoning districts:

1.

Fences or walls shall not exceed (8) feet in height in front, side and rear yards.

(Ord. No. 20-21, § 1, 4-1-2021)

Buffers or screening as required by this chapter are subject to review and approval by the zoning administrator. The following are required standards for buffers and shall be utilized by the zoning administrator in reviewing development plans:

1.

Buffers shall be designated on the site plan and required plats as permanent buffer strip or area.

2.

Buffers shall be natural/undisturbed areas of existing mature trees, which meet the intent of the definition of buffer. Where substantially devoid of existing trees, or where it is necessary to disturb the existing natural area, a planted/landscaped buffer shall be established in accordance with this section.

3.

Buffers shall be established and maintained along required adjoining property to meet the minimum width requirements as stated within the individual zoning district development standards.

4.

Buffers shall provide year-round visual screening from the ground to a height of at least six (6) feet.

5.

Buffers that utilize trees and/or other vegetation shall be installed not only to provide visual screening, but to allow for proper plan growth and maintenance.

6.

Buffer design shall be integrated with the overall design concept of the project.

7.

Existing tree cover and natural vegetation shall be undisturbed for areas designated as natural/undisturbed except for the addition of supplemental plantings or other approved screening, devices, or for the provision of required access or utility crossings as approved by the zoning administrator. Where a buffer is substantially devoid of trees and shrubbery, or where a planted/landscaped buffer is proposed by the developer, grading may be allowed within the buffer area prior to replanting or the provision of other screening devises as required.

8.

All plantings, with exception of infill plantings as may be approved by the zoning administrator, shall be in staggered rows, with vegetation spaced fifteen (15) feet apart (measured trunk to trunk) with a minimum of two (2) staggered rows of plantings for buffers designated to be fifteen (15) feet or smaller in width. Planting, maintenance, and removal shall be in accordance with the Cartersville landscaping ordinance.

Any lot of record existing as of November 7, 1996, which has an area or a width which is less than required by this chapter shall be allowed to be developed providing the setbacks of the district are maintained.

For nonresidential districts, the height limits of these regulations shall not apply to a church spire, belfry, cupola, dome, or ornamental tower not intended for human occupancy, historical monument, water tower, observation tower, power line tower, chimney, flagpole, mast or aerial and parapet walls not extending more than four (4) feet above the roof line of the building, and necessary mechanical appurtenances.

Architectural features such as cornices, eaves, steps, gutters, and fire escapes may project not more than three (3) feet beyond any required setback line, except where such projections would obstruct driveways which are or may be used for access and service and/or emergency vehicles or where such projections may interfere with utilities. An unenclosed front or side porch, portico, or stoop facing a street fronting yard on a single-family residential structure shall be allowed to project not more than three (3) feet beyond the required front yard setback line.

Parking lot outdoor lighting shall be directed away and shielded from abutting residential districts. All freestanding outdoor lighting fixtures erected on private nonresidential properties shall have a maximum height of forty-five (45) feet. Freestanding outdoor lighting fixtures erected on private residential properties and freestanding public street lighting fixtures in residential subdivisions and neighborhoods shall have a maximum height of thirty-five (35) feet.

One (1) horse or other member of the horse (equine) family per fenced acre, with a minimum two (2) acre lot size, shall be allowed in association with a single-family dwelling or in single-family dwelling districts. Such uses shall comply with the following conditions:

1.

All structures used for the shelter of such animals shall be a minimum of seventy-five (75) feet from all property lines;

2.

Shall be located within the rear yard. In the case of a residential corner lot, in which a lot abuts or adjoins the intersection of two (2) or more streets other than an alley, a structure may be allowed in a side yard; and

3.

Be no larger than fifty (50) percent of the principal building heated floor area.

4.

All such animals shall be maintained at least twenty-five (25) feet from all property lines.

5.

All areas used by the animals shall be maintained and shall not be allowed to become overgrown with weeds or other vegetation exceeding a height of twenty-four (24) inches.

A home occupation as defined by this chapter shall be governed by the following requirements:

1.

Only residents of the dwelling may be engaged in the home occupation.

2.

The home occupation shall be clearly incidental to the residential use of the dwelling and shall not change the essential residential character of the building.

3.

There shall be no display, stock in trade, or commodity sold on the premises, and no mechanical equipment used except such as is commonly used for purely domestic household purposes.

4.

Reserved.

5.

Use of the building for a home occupation shall not exceed thirty (30) percent of one (1) floor of the principal building (excludes a family day care use).

6.

No alterations inconsistent with the residential use of the building shall be permitted.

7.

The occupation shall not constitute a nuisance in the neighborhood.

8.

No accessory buildings or outside storage shall be used in connection with the occupation.

9.

Instructions in music shall not create sound at an audible level which may be a nuisance to neighboring properties.

10.

Vehicles used primarily as passenger vehicles only shall be permitted in connection with the conduct of the home occupation.

11.

No commercial equipment such as landscaping equipment or machinery associated with construction, grading, or hauling shall be allowed to be stored or parked on the property.

12.

The following and similar uses shall be considered customary home occupations: art instruction, beauty shop (with no more than one (1) stylist), doctor's office, drafting, dressmaking, insurance agency, manufacturing agent, music instruction, notary public, photography, real estate agency, tax consultant, or any other home office consisting of a personal computer, FAX machine, phone, or any other accessory office equipment typically used to establish a home office.

13.

All home occupations must have an occupational tax certificate.

(Ord. No. 01-13, § 2, 1-3-13)

The use of trailers or modular buildings for construction offices shall be allowed on a construction site only and must be removed within thirty (30) days of the issuance of a certificate of occupancy; the use of trailers or modular buildings for on-site real estate sales offices shall be allowed on a site for a period not to exceed thirty-six (36) months; the use of trailers or modular buildings for any other office use or commercial venture shall be allowed with the following condition:

A.

Temporary office trailers or modular buildings shall be allowed on a lot for a period not to exceed twelve (12) months. Upon expiration of the twelve-month period, the trailer or modular building must comply with section 4.25 of this chapter and the property on which the trailer or modular building is placed shall fully comply with the City of Cartersville landscaping ordinance, or said trailer or building must be removed from the property.

Outdoor storage shall be allowed in G-C. L-L and H-1 districts only. In G-C and L-I districts. outdoor storage must be located in a side or rear yard and screened from all rights-of-way, and residential districts that abut the outdoor storage area. Such storage shall be screened in accordance with the requirements under section 4.17 of this chapter. In G-C and L-1 districts, the use of trucks, truck bodies, enclosed containers (excluding shipping containers), campers, recreational vehicles, or other types of motor vehicles for storage is prohibited. This section docs not apply to incidental outside storage on properties in residential districts.

In the G-C district, neither vehicles (whether operable or inoperable) nor trailers (whether on or off their axles) may be used as storage buildings. This shall apply to all vehicles and trailers, including commercial vehicles, recreational vehicles, panel vans, tractor-trailer rigs, rail road box-cars, etc. The storage of new or used tires on any G-C district property is prohibited unless the same are stored within an enclosed building or garage. It is illegal to discard or abandon tires on any property other than a lawful landfill.

In the M-U district, outdoor storage of landscape supplies and materials may be permitted per the requirements in section 9.2.3. development standards.

(Ord. No. 11-18, § 1, 5-17-18; Ord. No. 54-24, § 1, 11-7-24)

The displaying of goods or merchandise for sale outdoors on the property shall be allowed for goods or merchandise normally used in the outdoors. Merchandise allowed to be displayed outdoors includes, but is not limited to, lawnmowers, wheelbarrows, lawn furniture, barbecue grills, play sets, and manufactured out buildings. The keeping of goods or merchandise outdoors on the property, longer than a twenty-four-hour period shall be considered outdoor storage and shall comply with outdoor storage requirements in section 4.26 of this chapter. This section shall not apply to vehicle or manufactured housing sales lots.

Yard sales and garage sales (or carport sales) shall be permitted on any residential lot no more frequently than once per calendar quarter. Such sale may not continue for more than seventy-two (72) hours.

Yard sales shall not be permitted on any commercial or industrial use lot. Such activity shall constitute a flea market use and shall be allowed only in the Fair Ground (FG) district.

Movable modular storage units, also known as storage pods, are permissible temporary structures, provided that such structures are located in compliance with the following standards:

1.

The duration shall be limited to twenty-eight (28) days per calendar year.

2.

The storage pod may be placed on a paved or unpaved surface. When the location of the storage pod is on an unpaved surface, the permit shall be conditioned upon the requirement that grass, sod, or landscaping shall be restored after removal of the storage pod.

3.

The storage pod may be placed in a front, side, or rear yard.

4.

The storage pod shall be placed at least five (5) feet from any property line.

5.

The storage pod shall not be placed within an easement, stormwater area, or required buffer.

6.

The storage pod shall not obstruct pedestrian access.

Ground-based direct broadcast satellite dishes shall be considered accessory structures and shall not be placed within a road right-of-way. Ground-based direct broadcast satellite dishes greater than one (1) meter (39.37 inches) in diameter shall be placed in a side or rear yard only and shall be a minimum of five (5) feet from all property lines.

4.29.1.

General requirements.

A.

The height limitations set forth in this chapter applicable to buildings and structures shall not apply to communication towers which shall be governed by this section.

B.

A variance shall be approved by the board of zoning appeals for the construction of all new communication towers within the city excluding such towers erected in the AG, T, L-I, H-I, or MN zoning districts. In addition to standards required in this chapter, the following standards shall be considered by the board of zoning appeals prior to the approval of a variance for a communication tower:

1.

Height of the proposed tower.

2.

Proximity of the tower to residential structures and residential zoning districts, historical districts, parks, and designated nature preserve areas.

3.

Nature of the uses on adjacent and nearby properties.

4.

Surrounding topography.

5.

Surrounding tree coverage and foliage.

6.

Design of the tower structure, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.

7.

Impact upon the Cartersville/Bartow County airport.

8.

Availability of suitable existing towers and other structures for co-location as defined in this chapter.

C.

All new communication towers or antennas shall obtain a building permit prior to the construction or placement of such structures or facilities. A building permit shall not be approved for such towers without prior approval of a special use if so required by this section. Excludes noncommercial amateur radio antennas, towers, and supporting structures.

D.

The application for a communication tower shall include, but not be limited to, the following information:

1.

A survey site plan drawn to scale showing all property lines with dimensions, location of existing buildings and other structures, topography, location of setback lines or other dimensional requirements, proposed tower location, tower height, location of accessory structures to the tower, proposed landscaping, neighboring uses, north arrow, and property street number;

2.

The coverage zone of the proposed tower;

3.

A report, documented by the submission of a certification by a qualified engineer, showing evidence of an engineering nature which demonstrates that no existing tower or structure can accommodate the proposed antenna(s). Said report shall include, but not be limited to, the following information:

a.

No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements;

b.

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements;

c.

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment;

d.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna;

e.

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable (costs exceeding new tower development are considered to be unreasonable); or

f.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable; and

4.

A report explaining the process by which the subject site was chosen.

E.

Shared usage of communication towers and antenna facilities is encouraged, and towers shall be designed to accommodate at least one (1) other entity to co-locate on such towers.

F.

Accessory structures shall be limited to such structures associated with the operation of a communication tower.

G.

All self-supporting communication towers shall be equipped with an anti-climbing device to prevent unauthorized access and such towers and related equipment and buildings shall be enclosed by security fencing not less than six (6) feet in height.

H.

All communication towers must meet or exceed current codes, rules, standards, and regulations of the Federal Aviation Administration, the Federal Communications Commission or such governing agency guidelines as may be established from time to time. All such towers must be updated and brought into conformity with such standards and regulations within six (6) months of their adoption or as required by code if less than six (6) months. The failure to comply with this provision shall be grounds for the city to require repermitting or removal of the tower at the owner's expense.

I.

At the time of application for a building permit, the plans for the construction of a communication tower shall be certified by an independent registered structural engineer as meeting all current safety and design standards of all applicable codes.

J.

Communication towers are encouraged to locate in nonresidential areas where possible. Self-supporting towers shall not be permitted within a single-family residential zoning district unless the applicant can show that the denial of a permit in such a location will cause a significantly harmful and permanent degradation of service which cannot be overcome by any other means including planned or potential locations which would provide the same or similar coverage or capacity. Such towers shall not be permitted in any platted residential subdivision.

K.

Self-supporting communication towers shall not be permitted in the DBD zoning district or the Etowah Valley Historic District.

L.

Lattice and guy tower structures shall be permitted only within the T, L-I, H-I, or MN zoning district.

M.

Communication towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the Federal Aviation Administration, Federal Communications Commission, or other applicable federal or state agency, be painted a neutral color or painted to match the existing structure so as to reduce visual obtrusiveness.

N.

Communication towers shall not be artificially lighted unless required by the Federal Aviation Administration, Federal Communications Commission or other state or federal agency of competent jurisdiction. If lighting is required, the city may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.

O.

Communication towers shall not exceed a height above the "clear zone" required for a safe approach to the Cartersville/Bartow County Airport as set forth by the Federal Aviation Administration if within a three (3) mile radius of said airport.

P.

Any communication tower approved under the provisions of this section which is not utilized by any communications service provider for any communications related purpose for a period of twelve (12) consecutive months shall be considered abandoned and the owner of such antenna or tower shall remove same within ninety (90) days of receipt of notice from the city. If such antenna or tower is not removed within said ninety (90) days, the city may remove such antenna or tower at the owner's expense.

4.29.2.

Self-supporting communication tower setback, height, and separation.

A.

Self-supporting towers erected in the AG, T, L-I, H-I, or MN zoning district shall be set back a distance equal to one-third (⅓) the height of the tower from all adjoining property lines where such lines do not adjoin a residential zoning district and a distance of twice (x2) the height of the tower from all property lines which adjoin a residential zoning district.

B.

Self-supporting towers erected in a nonresidential zoning district, excluding the AG T, L-I, H-I, or MN zoning districts, except where otherwise stated in section 4.31.2.A. of this chapter, shall be set back a distance equal to the full vertical height of the tower from all adjoining property lines of a nonresidential zoning district and a distance of twice (x2) the height of the tower from all property lines which adjoin a residential zoning district.

C.

Self-supporting towers erected in a residential zoning district shall be set back a distance equal to the full height of the tower from any nonresidential zoning district and a distance of twice (x2) the height of the tower from all property lines which adjoin a residential zoning district or any residential structure.

D.

Self-supporting towers shall be limited to a height of two hundred (200) feet in a AG, T, H-I, or MN zoning district, one hundred fifty (150) feet in a L-I or G-C zoning district, and one hundred twenty (120) feet in a P-D, M-U, P-S, 0-C, or P-I zoning district or any residential zoning district.

E.

Self-supporting towers shall be separated a distance equal to one-quarter (¼) of a mile. (Excludes such towers erected in the T, H-I or MN zoning district.)

F.

For purposes of determining whether the installation of a self-supporting tower complies with setback requirements, the dimensions of the entire lot shall control, even though the tower may be located on leased parcels within such lots.

4.29.3.

Landscaping requirements. Where adequate existing vegetation is not present, as determined by the city, communication towers located in all zoning districts other than T, H-I or MN shall have the base of the tower and any accessory structures to the tower screened on all sides with a landscaped area having a minimum width of fifteen (15) feet. Said area shall be included in the setback and shall be planted with trees of an evergreen species capable of achieving a minimum height of twenty (20) feet at maturity so as to provide a visual barrier. Required plantings shall be a minimum of five (5) feet in height at the time of planting and placed outside of any required security fencing and shall be regularly maintained by the property owner(s) to ensure that the above objectives and standards are met.

4.29.4.

Nonconforming structures. Any communication tower existing on the date of the adoption of this section of this chapter shall be considered a nonconforming structure and shall be required to follow the standards set forth in article XIX of this chapter.

4.29.5.

Exemptions.

A.

A single tower seventy-five (75) feet in height or less owned and operated by a federally licensed amateur radio station operator shall be exempt from these requirements. However, the owner or operator of such antenna shall be required to comply with all applicable city, state, and federal building codes and with section 4.30 of this chapter.

B.

Antenna facilities attached to existing nonresidential structures are exempt from these requirements except that such antennas shall meet or exceed Federal Aviation Administration and Federal Communications Commission standards and shall be limited to ten (10) feet in height above an existing structure in the historic DBD zoning district and twenty (20) feet in height above an existing structure in all other zoning districts. Such nonresidential structures shall include buildings, light poles, water towers, church steeples, and other similar structures. Such antennas shall not be attached to freestanding sign structures. Prior to placement, a building permit shall be obtained. Placement of antennas or other communications equipment on any nonconforming use shall provide no vested right for continued use of the site should the nonconforming use cease.

C.

Attachment of additional antennas or transmission equipment to existing permitted communication towers shall be exempt from these requirements so long as the height of said tower is not increased; such equipment meets or exceeds Federal Aviation Administration and Federal Communications Commission standards; and a building permit is obtained prior to such attachment.

D.

A monopole communication tower up to ninety (90) feet in height placed on nonresidential zoned sites shall be exempt from these requirements except that such towers shall be set back from all property lines a distance of one-third (⅓) the height of the tower except when abutting a residential property whereby the minimum setback distance shall be equal to twice (x2) the height of the tower. Such towers shall be no closer than one-quarter (¼) mile to any other self-supporting communication tower unless within the H-I or MN zoning district and must obtain a building permit prior to construction.

E.

Alternative communication tower structures such as manmade trees, clock towers, bell steeples, flagpoles, light poles, and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers shall be exempt from these requirements. Such towers shall obtain a building permit prior to construction.

F.

Communication towers constructed on the governing authority's properties, facilities, or structures shall be exempt from these requirements. Private facilities and

E.

Alternative communication tower structures such as manmade trees, clock towers, bell steeples, flagpoles, light poles, and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers shall be exempt from these requirements. Such towers shall obtain a building permit prior to construction.

F.

Communication towers constructed on the governing authority's properties, facilities, or structures shall be exempt from these requirements. Private facilities and structures placed upon the governing authority's property shall be governed by a lease agreement between the governing authority and the provider.

4.29.6.

Variances. Variances from this section may be applied for and granted in the same procedural manner as required by article XXII of this chapter.

4.29.7.

Appeals. Appeals regarding the requirements of this section shall follow the procedures as set forth in article XXII of this chapter.

(Ord. No. 73-23, § 3, 11-2-23)

Definitions. The following definitions shall apply in the interpretation and enforcement of this section of the City of Cartersville zoning ordinance.

1.

Antenna. For the purposes of this section, an antenna shall mean the arrangement of wires and metal rods used in the sending and receiving of electromagnetic waves (radio waves).

2.

Antenna support structure. For the purposes of this section, an antenna support structure shall mean any structure, mast, pole tripod, or tower utilized for the purpose of supporting an antenna or antennas for the purpose of transmission or reception of electromagnetic waves. Buildings and associated roof-mounted equipment shall not be considered as antenna support structures.

3.

Amateur radio station. For the purposes of this section, an amateur radio station shall mean a station operated in the amateur radio service, consisting of the apparatus necessary for carrying on radio communications, under a license by the Federal Communication Commission (FCC) pursuant to 47 C.F.R. part 97.

Permanently installed amateur radio towers and antennas shall be allowed in all zoning districts, excluding the RA-12 and MF-14 districts, and shall comply with the following standards:

1.

Mobile home parks with lots less than 0.25 acres shall be limited to pole or mast supported vertical antennas only. The maximum height of the supporting structure shall not exceed twenty (20) feet above the apex of the roofline of the dwelling.

2.

Permanently installed towers shall be allowed in the rear and side yard only; however, wire antennas may extend into the front yard. The Cartersville Board of Zoning Appeals may approve the location of supporting structures in the front yard if the occupant demonstrates that there is a compelling communications need for such location or if there are limiting characteristics of the subject property, based on topography, that necessitate the location of supporting structures in the front yard.

3.

Manmade ground-mounted antenna support structures, including guy wire anchors, may be erected, constructed, or installed only in the rear or side yards and must be located within the allowable setback of the district in which the subject property is located. However, guy wire anchors may be installed within five (5) feet of the rear or side property lines.

4.

The maximum height of towers shall be seventy-five (75) feet, unless approved by the board of zoning appeals.

5.

Towers shall be set back from all property lines a distance of one-third (⅓) the height of the tower.

6.

Towers shall be located a distance equal to or greater than the antenna height from the nearest residential dwelling, excluding the owners primary dwelling.

7.

Towers shall not be lighted, except as required by FAA regulations.

Discontinuance. Within one hundred eighty (180) days of the date of discontinuance, the owner of the property on which an antenna structure is located shall remove the structure from the property in the event licensed amateur radio communications will be discontinued at the property due to change in ownership from a licensed amateur radio operator to a person not licensed to engage in licensed amateur communications, the death of the licensee, or loss or surrender of the FCC license authorizing these communications.

A nonsubdivided lot under single ownership may have more than one (1) zoning district applicable to said lot, provided that the following conditions are met:

4.31.1.

No zoning districts can overlap.

4.31.2.

In addition to required buffers and setbacks from the property lines additional buffer and setbacks and other development standards shall be required from the zoning district line pursuant to the development standards for all adjacent zoning districts, as if said zoning district line is a property line, and said lot be in compliance with said development standards.

4.31.3.

Prior to any building permits being issued the lot must be subdivided in accordance to the requirement of the City of Cartersville Code of Ordinances including the City of Cartersville development regulations.

4.31.4.

All property regardless of zoning must have the required minimum frontage pursuant to the requirements of each zoning district which affects any lot.