5.02.01   Generally

The uses identified in this section are considered to be a customary accessory use, and as such may be situated on the same lot with the principal use to which it serves as an accessory provided that all setback, yard requirements, and provisions of this section are met.

A.

All Zoning Districts.

1)

Accessory uses shall be a minimum of ten feet from any side and rear property line unless otherwise specified in this UDC.

2)

Any accessory use of a type requiring a special use permit if it were the principal use shall be prohibited unless the landowner obtains a special use permit.

B.

Agricultural Districts. Accessory buildings and structures which are not used or intended for use as housing for livestock or poultry and are ancillary to the residential use shall maintain the same front and side yards as the main structure but shall not project beyond the established building line.

C.

Residential Districts.

1)

Accessory uses shall be permitted only in a rear yard.

2)

The following uses are considered to be a customary accessory use to a dwelling located in residential zoned districts:

a.

Family garden.

b.

Private swimming pool.

c.

Home occupation in accordance with the requirements of Section 5.02.02;

d.

Children's playhouse and play equipment.

e.

Quarters for the keeping of pets owned by occupants for noncommercial purposes provided that such use does not generate a nuisance to adjoining properties.

f.

Structure designed and used for purposes of shelter in the event of manmade or natural catastrophes.

g.

Accessory dwelling units in accordance with Section 5.02.03.

D.

Commercial Districts. The following uses are considered to be a customary accessory use to a principal use located in commercially zoned districts:

1)

Private swimming pool where the principal use is a hotel.

2)

Coffee shop where the principal use is a hotel.

3)

Car wash and storage of petroleum products where the principal use is a garage or gas station.

(Ord. of 8-17-21(2))

5.02.02   Home Occupations

A.

Generally.

1)

A home occupation is permissible in a lawfully established dwelling unit in any zoning district where residential uses are permissible. All home occupations shall meet the standards set forth in Section 5.02.02(C).

2)

The following and similar uses shall be considered home occupations:

a.

Office for professionals, such as attorneys, drafters, realtors, insurance agents, engineers, architects, appraisal services, and other similar professions for consultations;

b.

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

c.

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

d.

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

e.

Pet grooming provided that services are performed inside the dwelling unit;

f.

Family day care for six or fewer children;

g.

Manufacturers' or sales' representative office;

h.

Studios for artists, photographers, or artisans; and

i.

Outdoor instructional services for swimming.

3)

An interpretation by the Zoning Administrator that a use not listed in Section 5.02.02(A)(2) is similar shall be based on the tasks and activities normally associated with the proposed use and the similarity of those tasks and activities with the tasks and activities normally associated with a listed use.

4)

Under no event shall the permitted uses under this section be deemed to circumvent any of the regulations of the State of Georgia, nor be deemed to allow a use by any individual who has not first been approved by the appropriate department having authority over the same for the State of Georgia.

5)

In no event shall the uses as permitted under this section require Catoosa County, its departments or employees to be responsible for enforcement of any requirements placed on an individual by the State of Georgia, or to have any responsibility to anyone, where someone is maintaining a facility as would otherwise be allowed under this section without first meeting all State of Georgia requirements and regulations.

B.

Prohibited Uses.

1)

The following uses shall not be considered home occupations and are prohibited:

a.

Towing truck business/wrecker service;

b.

Auto detailing;

c.

Private clubs;

d.

Auto repair (with or without a garage);

e.

Veterinarian;

f.

Flea markets;

g.

Junkyards;

h.

Kennels (indoor and outdoor);

i.

Sawmills;

j.

Tree service (includes log-splitting, cutting of wood on the property).

C.

Standards for all Home Occupations.

1)

Location. Except for permissible outdoor instructional services the use shall be carried on wholly within the principal building. The attachment of an accessory building by breezeway, roof, or similar structure shall not be deemed as sufficient for the accessory building to be considered as a portion of the primary building.

2)

Size. Not more than 30 percent of the floor area of the principal building shall be used for the conduct of the home occupation.

3)

Displays. No merchandise or articles shall be displayed for advertising purpose, nor be displayed in such a way as to be visible from outside the dwelling.

4)

Commercial Vehicles. One commercial vehicle is allowed and shall be parked in the driveway, garage or carport.

5)

Residential Character Maintained. There shall be no alteration of the residential character of the building or premises, and the conduct of the home occupation shall not increase the normal flow of traffic or on-street or off-street parking.

6)

Employees. The home occupation shall be conducted by the homeowner and family members living on the premises, with the exception that not more than two additional full-time or part-time employees may be present during the home occupation's hours of operation.

7)

Parking. One off-street paved parking space shall be provided in addition to the required parking for residential use of the building.

8)

Nuisance Factors. The home occupation shall not constitute a nuisance to the surrounding neighborhood. The use of machinery or equipment that produces noise, smoke, odor, vibration, or electrical interference, the instruction or teaching of performing arts such as voice or music, or any other objectionable condition beyond the property line of the lot on which the home occupation is located shall be prohibited.

9)

Signage. A nonilluminated professional or business name plate, not exceeding 2 square feet in area, and which otherwise complies with this UDC, is allowed, not less than 20 feet from any property line, and not less than 10 feet from any right-of-way. Neon is prohibited.

10)

Business License Required. All home occupations shall have a business license from Catoosa County.

11)

Outside Storage. Outside storage of materials used in connection with a home occupation is prohibited; however, storage of materials in an enclosed accessory building that is subordinate in size to the principal dwelling is allowed.

5.02.03   Accessory Dwellings

A.

Generally.

1)

Accessory dwellings are limited to guesthouses, tenant dwellings and dwelling units within principal dwellings as described in this Section.

2)

Accessory dwellings shall not include tents, boats, manufactured storage buildings and mobile structures including RV's and travel trailers, with the exception that RV's and travel trailers may be allowed for occupancy in a campground or recreational vehicle park as permitted in this UDC.

B.

Location.

1)

One freestanding guesthouse per lot on which an existing principal dwelling is located shall be allowed in the A-1 District subject to the requirements of Section 5.02.1.B.

2)

Freestanding tenant dwellings (single-family and two-family) are allowed in the A-1 District subject to the requirements of Section 5.02.1.B and the following:

a.

Land on which the dwelling is place shall be used for bona fide agricultural purposes;

b.

Dwellings shall house only those persons and their immediate family employed in carrying out such bona fide agricultural use; and

c.

One tenant dwelling per five acres of land is allowed.

3)

Freestanding tenant dwellings (single-family) are allowed in the PCFD District to provide housing for employees or caretakers, subject to the requirements of Section 5.02.1.B and the following:

a.

One dwelling per five acres of land is allowed; and

b.

At least one of the occupants must be employed on the premises, or their presence must be necessary or essential for the normal operation of the farm.

4)

Freestanding accessory dwellings, excluding tenant dwellings, are allowed in single-family detached residential zoning districts in accordance with the following requirements:

a.

There shall be no more than one accessory dwelling per lot on any residentially zoned property;

b.

The accessory dwelling may be located in a second floor over a detached garage or may be a separate structure that is not a manufactured home;

c.

The accessory dwelling shall have no more than two bedrooms;

d.

The size of the accessory dwelling shall be no more than 40 percent of the habitable floor area of the principal dwelling and shall not exceed the height of the principal dwelling.

e.

The accessory dwelling shall be located only within the rear yard;

f.

The lot shall comply with the minimum lot size standards set forth in Article II of this UDC;

g.

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

h.

The accessory dwelling may be placed on a property only when the principal dwelling has been completed for at least three years;

i.

The owner of the property must occupy one of the dwellings as the owners' permanent and principal residence, and will provide a statement attesting to the owners occupancy;

5.02.04   Outdoor Storage and Display

A.

Automobiles.

1)

The display or placement of more than one automobile for sale on a residential premises is prohibited.

2)

No Unlicensed Motor Vehicles. It shall be unlawful to own, possess, store or display a motor vehicle anywhere in Catoosa County, Georgia, without a valid, current Georgia license plate or allow another to do so, with the following exceptions:

a.

None in an I-1 zone.

b.

Up to five operative motor vehicles in an A-1 zone.

c.

Any number of operative motor vehicles in a C-1 zone.

d.

Up to four operative motor vehicles in a C-2 zone.

e.

Up to one operative motor vehicle in an R-1 zone.

f.

Up to one operative motor vehicle in an R-2 zone.

g.

Any number in any zone as long as stored inside a completely enclosed building.

h.

None in any other zone not specifically designated in this Section.

i.

Used Car Dealers: A person holding a valid used car dealer license provided by the office of the Secretary of State of Georgia, may own, possess or store a motor vehicle which does not have a current license plate.

3)

Penalty. The penalty for each violation of this Section 5.02.04.A(2) shall be a minimum fine of $100.00 per day per motor vehicle. The court shall apply this fine in all cases and shall not have discretion to depart from the minimum fine, except as provided in this section; however, the court may assess a greater fine if circumstances make it just.

4)

Doubled Fine for Noncompliance After Warning. If a warning or additional time period for compliance has been given to a violator and the violator still has not complied with Section 5.02.04.A(2) at the end of the period given by the Zoning Administrator, the minimum fine shall be doubled by the court and shall begin to be assessed upon the first date of the warning or notice to comply.

5)

Disposal of Motor Vehicles. In the event a violator has failed to comply with Section 5.02.04.A(2) and has not appealed the action of the zoning administrator as provided by law, or the appeals of the violator have been exhausted, the zoning administrator shall cause the unlicensed motor vehicles to be removed from the premises and such vehicles shall be disposed of or sold with the proceeds delivered to Catoosa County as provided by law.

B.

[Storage yards.] Storage yards shall only be permitted on property zoned for industrial uses and shall meet the following standards:

1)

Storage yards shall be screened from view by a solid wall, planted screen or similar opaque partition at least six feet in height;

2)

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

C.

[Storage in Residential Zoning Districts.] No trailer, semi-trailer, truck bed, truck trailer, travel trailer, recreational vehicle, mobile home, manufactured home or parts of any of the foregoing, regardless of whether movable or immovable, shall be used as a storage building in residential zoning districts.

D.

[Mobile and manufactured homes.] Mobile and manufactured homes, not including travel trailers, shall be stored only in approved home parks, manufactured home retail sales lots, or within the confines of a building (warehouse).

5.03.01   Special Events

The standards of Chapter 10, Article IV Special Events of the Catoosa County Code of Ordinances shall apply.

5.03.02   Temporary Placement of a Manufactured Home

A.

Placement during Residential Construction.

1)

The owner of a lot upon which a residential dwelling is being constructed may, upon first obtaining a temporary permit from the Zoning Administrator, temporarily place a manufactured house (subject to underpinning and tiedown provisions of this UDC) or travel trailer on said lot for use as a temporary dwelling for a period of six months or until construction of the dwelling is completed whichever shall first occur.

2)

The temporary permit may be renewed for one additional six-month period subject to underpinning and tiedown requirements of this UDC unless an extension is granted by the planning commission for good cause shown.

3)

The application for a temporary permit shall have attached thereto a separate statement of the applicant that he acknowledges and agrees that the permit, if granted, is valid only for the time specified and that upon completion of the dwelling or the expiration of the permit, as the case may be, he shall cause the removal of said manufactured house; and his failure to do so grants to Catoosa County the right to remove the same from the lot at applicant's expense.

B.

Placement to Accommodate Caregiver.

1)

Notwithstanding anything to the contrary contained in this UDC, a manufactured house may be temporarily placed in any zone established by this UDC (subject to underpinning and tiedown requirements of this UDC) upon the following conditions:

a.

An application for a temporary permit is accompanied by an affidavit from a health care official unrelated to the applicant certifying that an exemption and temporary permit is needed.

b.

That the temporary permit is needed for the health care of a member of the applicant's immediate family.

c.

That the application for the temporary permit have attached thereto, a separate statement of the applicant that he acknowledges and agrees that the permit is valid only so long as the conditions of the permit are met, that upon the termination of any of the conditions, the applicant shall cause the removal of the manufactured house at his own expense and his failure to do so grants to Catoosa County the right to remove the same from the premises at the applicant's expense.

2)

The temporary permit shall be valid so long as all of the conditions above referred to continue to be met; provided however, that the applicant shall renew the same annually by certifying to the Zoning Administrator that each of the conditions continue to exist.

5.03.03   Yard Sales

A.

Yard sales shall be limited to residential and agricultural zoning districts.

B.

A yard sale shall be limited to one weekend (Friday, Saturday and/or Sunday) duration.

C.

No more than one such sale shall be held at the same address within any three months.

D.

Outdoor display of items intended for sale shall be permissible only during the duration of the yard sale.

E.

Yard sales shall not include the selling of inventory purchased, received on consignment, or by donation with the intent to resell.

F.

Yard sales shall not be allowed as a home occupation.

G.

On-street parking shall not block or interfere with any vehicular circulation.

H.

Signs shall be installed in accordance with Section 5.05.00.

5.04.01   Purpose and Intent

The Telecommunications Act of 1996 affirmed the authority of Catoosa County concerning the placement, construction and modification of wireless telecommunications facilities. Pursuant to Section 704(a) of the Telecommunications Act of 1996, it is not the intent of this Section to prohibit or have the effect of prohibiting the provision of personal wireless services in Catoosa County. It is the intent of this section to balance the interests of the county's residents, telecommunications providers and telecommunications customers in the siting of wireless telecommunications facilities within Catoosa County so as to protect the health, safety, and welfare of county citizens and the character and integrity of the built and natural environment.

5.04.02   Overall Policy and Goals

In order to ensure that the placement, construction, and modification of wireless telecommunication facilities is consistent with the purpose and intent of this section, Catoosa County adopts an overall policy with respect to requiring permits for wireless telecommunications facilities for the express purpose of achieving the following goals:

A.

Requiring a special use permit to place, construct or make significant modifications to a wireless facility.

B.

Requiring review by the Zoning Administrator and application for an electrical permit and building permit in accordance with requirements of this Section, rather than requiring a special use permit, for any new collocation or minor modification of an existing wireless telecommunications facility.

C.

Requiring, wherever possible, the placement, height and quantity of wireless telecommunications facilities in such a manner, including but not limited to the use of stealth technology, to minimize adverse aesthetic and visual impacts on the land, property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of such wireless telecommunications facilities, which shall mean using the least visually and physically intrusive facility that is not technologically or commercial impracticable under the facts and circumstances.

D.

Requiring, wherever possible, the collocation of wireless facilities.

5.04.03   Collocation Required

A.

All service providers shall be required to collocate prior to being considered for a stand-alone site, or demonstrate co-location is impossible or impractical.

B.

No service provider shall prohibit collocation nor charge an unreasonable fee to another service provider.

5.04.04   Special Use Permit Required

The following actions shall require a special use permit in accordance with the requirements of this Section and Article IX of this UDC:

A.

The placement or construction of any new wireless support structure.

B.

The collocation or modification to a previously approved wireless facility that proposes:

1)

An increase the overall height or width of the wireless support structure to which the wireless facilities are to be attached;

2)

An increase in the dimensions of the equipment compound initially approved by Catoosa County;

3)

To exceed the applicable weight limits for the wireless support structure, as demonstrated by a letter from a structural engineer licensed to practice in this state.

5.04.05   Exceptions from a Special Use Permit

A.

Notwithstanding anything to the contrary in this section, wireless facilities that existed on or before the effective date of this UDC shall be allowed to continue as they presently exist, provided however, that any modification of an existing wireless telecommunications facility that meets the criteria of Section 5.04.04.D.(2) will require the complete facility to comply with this section.

B.

Any repair and maintenance of a wireless facility does not require an application for a special use permit. However, no additional construction or site modification will be permitted.

C.

Notwithstanding the provisions of Section 5.0.04, the collocation on previously approved wireless facilities shall be subject only to review by the Zoning Administrator and application for an electrical permit and building permit.

5.04.06   Height Limitations on Telecommunications Towers by District

A.

[Free-standing or guyed towers.] Free-standing or guyed towers may be placed in the following districts subject to the following height limitations:

1)

Residential District. Towers may not exceed 100 feet.

2)

Commercial District. Towers may not exceed 180 feet.

3)

Industrial District. Towers may not exceed 220 feet.

4)

Development—Agricultural. Towers may not exceed 260 feet.

B.

Permitted Height Above Structures. In all districts, towers, antenna, and all related facilities mounted on buildings, water tanks, or other structures other than telecommunications communications towers shall not extend more than 30 feet above the highest part of the structure.

C.

Exceptions.

Tower height may not exceed the maximum allowable heights identified in Sections 5.02.05.F.(2) and (3) unless it can be proven that such height would prohibit or have the effect of prohibiting the provision of service in the intended service area.

5.04.07   Minimum Setbacks

Any tower or structure permitted under this section shall be located a minimum distance equal to 100 percent of the height of said tower or structure from the property line of any property designated as historic or architecturally significant, and must be set back from all lot lines distances equal to the district setback requirements (as established according to the area, yard and height requirements of this ordinance) or 100 percent of the height of the tower or structure, whichever is greater.

5.04.08   Application Requirements

The applicant for permit(s) required for construction of any wireless facility or collocation must file with the Zoning Administrator on an application accompanied by the following documents, if applicable. If any of these materials represents proprietary information, the applicant must so designate those materials. Proprietary information will not be disclosed.

A.

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

B.

Site Plan. A site plan drawn to scale showing property boundaries, tower location, tower height, guy wires and anchors, existing structures, photographs of elevation drawings depicting typical design of proposed structures, parking, fences, landscape plan, and existing land uses on adjacent property.

C.

Tower Location Map. A current map, or update for an existing map on file, showing locations of applicant's antenna, facilities, existing towers, and proposed towers which are reflected in public records, serving any property within the County.

D.

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

E.

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

F.

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

G.

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

H.

Visual Impact Analysis. Pictures of any potential visual and aesthetic impacts on adjacent residential districts.

I.

Removal Agreement. A written agreement to remove the tower and/or antenna within 180 days of cessation of use.

J.

Reduction of Visual Impact. The applicant has taken reasonable measures to assure that the proposed communications tower, antenna or accessory structure will be placed in a reasonably available location which will minimize the visual impact of the surrounding area (i.e., adjacent public rights-of-way) in accordance with minimum standards of applicable federal and other regulations.

K.

Need for Location. Applicant must show that the proposed antenna and equipment could not be placed on a preexisting facility under control of the applicant and function under applicable regulatory and design requirements without unreasonable modification.

L.

Necessity for Residential Location. An applicant for a permit for a location in a residential area must show that the proposed area cannot be adequately served by a facility placed in a nonresidential area. In addition to the foregoing, no tower or structure permitted under this UDC may be located within 1,000 feet of any existing residence.

M.

Design for Multiple Use. Applicant must show that a new tower is designed to accommodate the applicant's potential future needs, to the extent that those future needs may be determined at the time of application.

N.

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

O.

Paint and Illumination. A tower must be finished in a standard galvanized metal finish or painted in a color so as to minimize the visual obtrusiveness and must not be illuminated unless otherwise provided in state or federal regulations.

P.

Distance from Existing Tower. A permit for a proposed tower within 1,000 feet of an existing tower will not be granted unless the applicant certifies that the existing tower does not meet the applicant's structural specifications or technical requirements, or that a co-location agreement could not be obtained at commercially reasonable terms and conditions, including price.

Q.

Radio Frequency Engineer Certification. Applicant shall provide a letter from a radio frequency engineer certifying the proposed wireless facilities will not interfere with public safety emergency communications.

R.

Applicability of Other Regulations. Other regulations in this UDC that relate to ground structure, fencing, etc., with the exception of setback and height, shall apply to this use.

5.04.09   Action on Applications

Catoosa County shall act on any request for authorization to place, construct, or modify personal wireless service facilities within a reasonable period of time after the request is duly filed with the county, taking into account the nature and scope of such request.

A.

Application for Collocation or Modification of Wireless Facilities (does not require Special Use Permit). An application for a proposed collocation or modification that does not meet the criteria of Section 5.04.00 shall be reviewed by the Zoning Administrator within the following timeframe:

1)

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

a.

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

b.

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

2)

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

3)

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

B.

Application for a New Wireless Facility (requires Special Use Permit). A proposed new wireless facility, or an application for a proposed collocation or modification that meets the criteria of Section 5.04.00 shall be reviewed by the Board of Commissioners within the following timeframe:

1)

Within 150 calendar days of the date an application for a new wireless support structure is filed with the Planning and Zoning Office, unless another date is specified in a written agreement between Catoosa County and the applicant, the Board of Commissioners shall:

a.

Make its final decision to approve or disapprove the application in accordance with the special use permit procedures in Article IX of this UDC; and

b.

Advise the applicant in writing of its final decision.

2)

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

3)

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

C.

Written Decision. Any decision by Catoosa County to deny a request to place, construct, or modify personal wireless service facilities shall be in writing and supported by substantial evidence, contained in a written record, or reasons therefor reduced to writing in the form of minutes or a resolution.

5.05.01   Findings and Purpose

A.

The Board of Commissioners finds that signs provide an important medium through which individuals, businesses, and government may convey a variety of messages. Left unregulated, however, signs can become a threat to the public health and safety as a traffic hazard and a detriment to property values and the overall economic growth of Catoosa County as an aesthetic nuisance.

B.

Numerous professional studies have been prepared that examine and establish the effect of signs on traffic safety, aesthetics and economic prosperity, including "The Public Purpose of Roswell's Sign Ordinance and the Implications of Doing Without It: A Position Paper" (December 7, 1999) by Jerry Weitz, Ph.D., AICP and "Safety Impacts of the Emerging Digital Display Technologies for Outdoor Advertising Signs" (April 2009) by Jerry Wachtel for AASHTO and the Standing Committee on Research of the National Cooperative Highway Research Program (NCHRP). In particular, based on the cited materials and the studies referenced therein as well as other related studies, the County finds that unregulated signs:

1)

Can be a safety hazard to drivers and pedestrians;

2)

Can distract drivers;

3)

Can create unsafe, cluttered and aesthetically blighted thoroughfares throughout the County;

4)

Can hamper economic growth;

5)

Can lower property values;

6)

Can adversely impact public investments;

7)

Can degrade the utility of public safety signs; and

8)

Can adversely impact the aesthetic quality of the community and surrounding environment.

C.

It is the purpose of these sign regulations, through a comprehensive system of content-neutral and nondiscriminatory standards, to:

1)

Balance the right of individuals to convey their messages through signs and the right of the public to be protected against the unrestricted proliferation of signs;

2)

Further the objectives of the Catoosa County Comprehensive Plan;

3)

Reduce traffic and pedestrian hazards;

4)

Maintain the historical heritage and natural landscapes of the County;

5)

Protect property values by minimizing the possible adverse effects and visual blight caused by signs;

6)

Avoid the harmful aspects of the unrestricted proliferation of signs;

7)

Promote economic development and tourism;

8)

Protect private property values; and

9)

Ensure the fair and consistent enforcement of sign regulations.

5.05.02   General Provisions

A.

No sign shall be placed or maintained within the county except in conformity with this Section. Violations of this Section may be punished in the same manner as other violations of this UDC. The County reserves the right to take legal action to remove signs erected in violation of this Section, or to otherwise enforce the provisions of this Section.

B.

Notwithstanding any other restrictions in this Section, any sign allowed under this section may contain any commercial or non-commercial message, or any political or non-political message; except that such messages cannot depict obscenity, as defined by O.C.G.A. § 16-12-80, nor can they depict sexual conduct or sexually explicit nudity, as defined by this UDC and O.C.G.A. § 36-60-3, nor advertise any activity illegal under the laws of Georgia or the United States.

5.05.03   Permits and Inspections

A.

Sign Permit Required.

1)

Except as otherwise provided herein, it shall be unlawful for any person to erect, construct, enlarge, relocate, or alter a sign in the County or cause the same to be done without first obtaining a sign permit from the Planning and Development Office.

2)

The replacement of an existing sign face with an electronic sign shall require a sign permit.

B.

Exceptions.

1)

A sign permit will not be required for legally existing signs under the following conditions:

a.

Replacing or altering the words, letters, figures, symbols, logos, fixtures, colors, or other design elements that compose a sign's message, in whole or in part, shall not require a sign permit unless a structural or size change is made or unless a change in size materials is made.

b.

Painting, repairing, cleaning, or maintaining a sign shall not require a sign permit unless a structural change is made.

2)

A sign permit will not be required for the following listed signs:

a.

Window signs which are less than or equal to 30 percent of the aggregate window and door glass area. Window signs shall be allowed in commercial and industrial zoning districts as shown in Table 5-1.

b.

Freestanding signs in residential and agricultural zoning districts, as allowed in Table 5-1, that have a maximum sign area of 4 square feet and a maximum height of 5 feet.

c.

Permanent freestanding miscellaneous signs (defined as non-illuminated signs having a maximum sign area of 4 square feet and a maximum height of 3 feet) in commercial and industrial zoning districts.

d.

Permanent signs at restaurant drive-throughs that are no greater than 32 square feet in sign area and no greater than 8 feet in height (see also Table 5-1).

e.

Temporary yard sale signs.

f.

Home occupation signs (see also Section 5.02.02).

C.

Other Approvals.

1)

Building Permits

a.

Signs using electrical wiring and connections and/or requiring footings may require a building permit, and the Catoosa County Building Official should be contacted regarding such signs.

b.

All signs for which a building permit is required shall be constructed and maintained in conformance with all Building Code and Electrical Code requirements.

c.

Signs that do not require a building permit include painted wall signs that are not illuminated and projecting signs that are 2.5 square feet in size or less.

2)

Other Permits or Approvals. A party seeking to erect a sign on a state road or adjacent to Interstate 75 should consult with the Georgia Department of Transportation, in addition to the Catoosa County Planning and Zoning Office.

D.

Sign Permit Application, Permanent Signs.

1)

In order to obtain a sign permit under the provisions of this Section, an applicant shall submit to the Planning and Zoning Office a sign permit application (and accompanying building or electrical permit application, if required) which shall provide the following information, as well as any additional information required by the Zoning Administrator or Building Official:

a.

The name and address of the property owner and sign owner, if different;

b.

The location by street address of the proposed sign;

c.

The zoning district of the property containing the sign;

d.

Site plan showing the location of the sign on the lot, including indicating setbacks and distances to property lines and rights-of-way;

e.

Elevation drawing showing the height and dimensions of sign face, and height of sign structure;

f.

Square foot area per sign face and the aggregate square foot area if there is more than one sign face; and

g.

The sign permit must be signed by either the property owner or sign owner.

2)

Required Certifications

a.

Wind Load Resistance. Applications for sign structures greater than 10 feet in height are required to include a certification by a professional engineer licensed in the state of Georgia that the sign structure will withstand the county's adopted wind speeds.

b.

Illumination Compliance. Applications for signs that are internally laminated, including electronic signs, are required to include certification by a certified electrical contractor affirming that the illumination complies with county codes.

E.

Sign Permit Application, Temporary Signs. The application for a sign permit for a temporary sign shall include the following information, as well as any additional information required by the Zoning Administrator:

1)

A list of the temporary signs to be placed on the property.

2)

A description of the temporary signs to be placed on the property, including sign dimensions.

F.

Issuance of Permit if Application in Order. It shall be the responsibility of the Zoning Administrator, upon receipt of a completed application for a sign permit and any required fees, to examine such plans and specifications and other data and, if the proposed structure is in compliance with the requirements of this section and all other applicable provisions of this UDC to issue a sign permit evidencing the applicant's compliance therewith, within the following timeframe:

1)

Thirty working days from date of filing for a sign permit for a permanent sign; and

2)

Ten working days from date of filing for a sign permit for a temporary sign.

G.

[Permits Issued in the Name of the Property.] Sign permits shall be issued in the name of the property owner upon which the sign is to be located.

H.

[Permit Obtained Based on False Information.] Issuance of the permit shall in no way prevent the Zoning Administrator from later declaring said sign to be nonconforming if the permit is obtained based on false information submitted by the applicant.

I.

Permit Duration. A sign permit shall become null and void if the construction of the sign for which the permit was issued has not begun within a period of six months after the date of issuance and completed within 12 months after date of issuance.

J.

Inspection.

1)

All signs for which a permit is required by this section are subject to inspection by the Zoning Administrator and the Building Official.

2)

Required inspections include:

a.

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

b.

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

5.05.04   Location and Setback Requirements

A.

The property owner must give permission for all sign structures erected on the owner's property.

B.

Sign structures shall be placed outside of the public right-of-way.

C.

No portion of a sign or sign structure erected on private property shall encroach on or overhang the public right-of-way or any other person's property.

D.

No freestanding sign or sign structure greater than 3 feet in height may be located within 30 feet of the intersection of street right-of-way lines extended parallel or at a location that would cause an obstruction to vision of vehicular or pedestrian traffic.

E.

No sign shall interfere with governmental utilities, such as water lines, mains and hydrants, electricity, and communications equipment or lines, nor interfere with natural or manmade stormwater drainage facilities, if any. All signs shall be located in such a way that they maintain horizontal and vertical clearance from all overhead utilities in accordance with National Electrical Code specification.

F.

Distances are measured from the closest portion of the sign (whether that be the base, sign face, or the sign structure) to the right-of-way, curb, pavement, adjacent property or utility.

5.05.05   Sign and Structure Maintenance

A.

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

B.

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

C.

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

5.05.06   Prohibited Signs

Except as otherwise provided by this UDC, the following types of signs are prohibited:

A.

Signs imitating warning signals; signs displaying lights resembling the flashing lights customarily used in traffic signals or in police, fire, ambulance or rescue vehicles; signs using words, slogans, dimensional shapes or size, or colors of governmental traffic signs.

B.

Any sign or lighting device, whether on the exterior of the building, freestanding, or on the inside of a window which is visible beyond the boundaries of the lot or parcel, with animated illumination or intermittent, flashing, rotating, scintillating, blinking, strobe, or moving lights. Includes animated signs as defined in this UDC.

C.

Search lights or beacons.

D.

Signs attached to any utility pole, or structure, street light, tree, rock, natural object, fence, fire hydrant, bridge, curb, sidewalk, park bench, or other location on public property.

E.

Signs, other than those placed by a local, state or federal government, located within the public street right-of-way or within 10 feet of the curb of closest edge of pavement of any public street.

F.

Signs which obstruct any fire escape, any means of egress or ventilation, or prevent free passage from one part of a roof to any other part thereof; signs attached in any manner to any fire escape.

G.

Smoke or sound emitting signs.

H.

Balloons, streamers, pennants, inflatable signs, banners and other similar signs, other than as permitted by this UDC.

I.

Roof signs.

J.

Portable signs.

K.

Pole or pylon signs are prohibited as freestanding signs.

L.

Signs displaying nudity, as defined under O.C.G.A. § 36-60-3.

M.

Obscene signs, as defined under O.C.G.A. § 16-12-80.

N.

Signs that are dilapidated or in such condition as to create a hazard, nuisance or to be unsafe or fail to comply with any provision of building codes, electrical codes or this UDC.

O.

Abandoned signs.

P.

Multiple message signs, including tri-vision signs.

Q.

Electronic signs, including LED and LCD signs and similar type technologies (except as permitted by this Section).

R.

Window signs which exceed 30 percent of the aggregate window and door glass area.

5.05.07   Illuminated Signs

A.

Illumination devices shall be so placed and so located that light from the sign itself will not directly cast into any residential sleeping rooms in any district or into the eyes of an automobile or vehicular driver legally operating on public or private roads.

B.

Electronic signs are prohibited, with the exception that up to 50 percent of the allowable sign area for permanent ground signs or pole signs in commercial and industrial districts may be an electronic sign upon meeting the following requirements:

1)

The messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign.

2)

Display of message must be static. When the display changes, it must change with no phasing, rolling, scrolling, flashing, twirling, blending, or in any manner which imitates movement.

3)

Sign copy shall change no more than one time per 10 seconds.

4)

Text messages shall be composed of one color with the background composed of one color.

5)

Pictures, logos, images, graphics, and symbols may be displayed from one color to full color.

6)

Signs shall be equipped with both a dimmer control and a photocell that automatically adjusts the display's intensity according to natural ambient light conditions.

7)

Prior to issuance of a sign permit for an electric sign, the applicant shall provide written certification from the sign manufacturer that the light intensity has been factory pre-set not to exceed three-tenths of one foot candle above existing ambient light level.

8)

No sign shall display light of such intensity or brilliance to cause glare or otherwise impair the vision of the driver or result in a nuisance to the driver.

9)

No sign shall be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device, or signal.

5.05.08   Measurement of Sign Area and Height

Computation of Sign Area. In order to determine compliance with the maximum allowable sign areas allowed under this Section, the following shall establish how sign areas are measured.

A.

Sign Area.

1)

The area of a sign is calculated by determining the area of the smallest square or rectangle which encloses the sign face and the structure surrounding the sign face. For example, the pole or base would not be included, but any frame holding the sign face in place would be counted.

2)

Where there is no structure surrounding the sign face (e.g. individual channelized or painted letters), the sign area shall be measured as the entire area within a continuous perimeter enclosing the limits of the writing, representation, emblem, or any figure or similar character.

B.

Sign Height. Sign height is measured from centerline of street grade upon which the sign fronts to the highest portion of the sign structure.

5.05.09   Regulated Signs by Zoning District

Table 5-1 presents the maximum number, size, height, and other restrictions relating to specific permanent signage that are permitted by right in each zoning district category.

Table 5-1 Sign Requirements by Zoning District

5.05.10   Additional Standards for Interstate Billboards

In addition to the provisions of Table 5-1, the following requirements shall apply to interstate billboards:

A.

The outside measurements of interstate billboards shall be 14 feet in height and 48 feet in length, with or without trim.

B.

All illuminated interstate billboard shall use only base-mounted lights which shall be activated by photo-electric cells. Additional lighting, including, but not limited to, neon, animation and running lights, is prohibited. Metalized or plastic faceted or disc material sometimes referred to as "Solaray" or other material which may appear to provide the effect of motion is also prohibited.

C.

Interstate billboards shall not have changeable copy (electronic or manual) nor shall they be manual message signs as defined in this UDC. This requirement prohibits all electronic signs and digital displays (including LED, LCD and similar technology).

D.

Interstate billboard signs shall be a minimum of 10 feet in height above the adjacent interstate pavement measuring from the lower portion of the sign face. These signs shall not exceed 100 feet in height above the level of the surface of the pavement of the nearest lane of the main traveled way or 100 feet in height from the ground at the base of the sign to the tallest part of the structure, including the display or face and trim, whichever is greater.

E.

Extrusions beyond the face of the sign, excluding aprons, are prohibited.

F.

Only one interstate billboard shall be allowed to face in the same direction per location. This allows single-face, back-to-back, or "V" formation signs, but prohibits two (side-by-side) signs facing the same direction.

G.

Interstate billboard signs shall be located not less than 500 feet apart measuring from the two closest points on the same side of the road.

H.

Sign structures shall be no less than 10 feet from any property line or right-of-way lines. In addition, the interstate billboard signs shall be no less than] 100 percent of the height of the sign from any structure.

I.

Not more than three interstate billboard signs shall be placed per quadrant of any interstate interchange adjacent to the interstate highway. For the purposes of this Section, the term "quadrant" refers to the area between the entrance and exit ramps of the interstate interchanges in Catoosa County. (Interchanges in Catoosa County are presently exit numbers 345, 350, and 353.) These signs shall be erected on property which is zoned commercial or industrial and shall only be erected in an area 1,600 feet in length beginning 500 feet from the point where the pavement widens on the main traveled way to accommodate the longest entrance or exit ramp of any interchange.

J.

Signs within 500 feet of any officially designated historical site or monument are prohibited.

K.

Any legally erected sign which will become nonconforming as a result of this UDC shall be allowed to remain or be replaced until purchased by GDOT or the County, provided that the sign owner meets all requirements of state laws and rules and regulations governing such signs. However, in the event an existing sign is replaced pursuant to this UDC, the replacement sign must be the same height and have the same size and dimensions as the sign which was removed.

L.

Interstate billboard signs that are not regulated or permitted by the Georgia Department of Transportation (GDOT) are prohibited.

5.05.11   Additional Standards for Non-Interstate Billboards

In addition to the provisions of Table 5-1, the following requirements shall apply to non-interstate billboards:

A.

The outside measurements of all such signs shall not exceed 12 feet in height and 24 feet in length, with or without trim.

B.

All illuminated signs shall use only base-mounted lights which shall be activated by photo-electric cells. Additional lighting, including, but not limited to, neon, animation and running lights, is prohibited. Metalized or plastic faceted or disc material sometimes referred to as "Solaray" or other material which may appear to provide the effect of motion is also prohibited.

C.

Non-interstate billboards shall not have changeable copy (electronic or manual) nor shall they be manual message signs as defined in this UDC. This requirement prohibits all electronic signs and digital displays (including LED, LCD and similar technology).

D.

All signs shall be a minimum of 10 feet above adjacent pavement measuring from the lower portion of the sign face. Signs shall not exceed 40 feet in height. Two signs in the same location (back-to-back) or "V" formation shall be the same height above the road's surface.

E.

Extrusions beyond the face of the sign, excluding aprons, are prohibited.

F.

Only one sign shall be allowed to face the same direction per location. This allows single-face, back-to-back or "V" formation signs but prohibits two signs (side-by-side or attached) facing the same direction.

G.

Sign shall have a 1,000-foot radial spacing from the closest points.

H.

Sign structures shall be no less than 10 feet from any property line or right-of-way lines. In addition, signs shall be no less than 100 percent of the height of the sign from any structure.

I.

No sign shall be placed in or obstruct the view of a marshland area or area of designated historic interest.

J.

Any legally erected sign which will become nonconforming as a result of this UDC shall be allowed to remain or be replaced until purchased by GDOT or the county, provided that the sign owner meets all requirements of state laws and rules and regulations governing such signs. However, in the event an existing sign is replaced pursuant to this UDC, the replacement sign must be the same height and have the same size and dimensions as the sign which was removed.

K.

Non-interstate billboards that are not regulated or permitted by the Georgia Department of Transportation (GDOT) are prohibited.

5.05.12   Temporary Signs

A.

Banners may be exhibited upon approval of a temporary sign permit and in accordance with the following requirements:

1)

Banners may be exhibited up to six times each calendar year for a period of not more than 14 consecutive days during each period.

2)

Banners shall be maintained in good repair, and shall be maintained free of defects such as holes, tears, fading, cracks, breaks or missing portions.

3)

Banners are limited to:

a.

48 square feet in sign area;

b.

One banner per property or road frontage; and

c.

Placement only in commercial and industrial zoning districts.

4)

Banners must be mounted or attached to a building or attached to a pole, mast, arm or other structure.

B.

Yard sale signs may be exhibited without a temporary sign permit; however the following requirements must be met:

1)

There shall be no more than one sign per parcel of property.

2)

The sign shall require permission of the property owner on whose property they are erected and shall meet the standards of this UDC with respect to maintenance and location.

3)

The maximum area of the sign shall be 2 square feet.

4)

Signs may be posted from 3:00 p.m. on the Thursday before the event to 7:00 a.m. on the Monday following the event.

5)

No sign shall be illuminated.