a.

No accessory uses and structure shall be constructed unless a permitted principal use exists on the parcel, located in full compliance with all standards and requirements of this Code.

b.

Accessory uses and structures shall not be located in any required front yard and shall only be permitted in side and rear yards, subject to minimum five feet rear setback and eight feet side setbacks from the property line. On corner lots the side setback shall be ten feet.

c.

There shall not be less than five feet separation between an accessory structure and the principal building, but the separation has to be in compliance with minimum fire code.

d.

An accessory dwelling unit may be in the same building or separate building from the primary dwelling unit.

e.

In a residential district the height of an accessory use and structure shall not exceed the height of the principal structure and the footprint of an accessory use and structure shall not exceed 50 percent of the footprint of the principal structure and 35 percent of the maximum permitted building area of the entire lot.

f.

Accessory uses and structures and detached accessory dwelling units shall be included in all calculations of impervious surface and stormwater run-off.

g.

An accessory dwelling unit shall have at least one parking space in addition to the required parking space(s) for the primary dwelling unit.

a.

Adult Business Premise Regulations.

1.

All adult materials shall be located and the activities of employees which include the exposure of specified anatomical areas shall take place within the adult business premises.

2.

No adult materials or activities of employees which include the exposure of specified anatomical areas shall be visible from the exterior of the adult business premises in any way including, but not limited to exterior apertures such as opened doors and unobscured windows.

3.

No merchandise, advertising or depictions of the activities of an adult business shall be displayed on the exterior of the adult business premises or in any location where they are visible from public right-of-way.

4.

No adult business shall display a sign:

i.

Advertising the presentation of any activity prohibited by Georgia law or any applicable County ordinance.

ii.

Capable of leading a reasonable person to believe that the establishment engages in an activity prohibited by Georgia law or any applicable County ordinance.

5.

Additional landscaping shall be provided adjacent to public right-of-way and adjacent to private property:

i.

A landscaped strip at least five feet wide shall be provided along the boundary of adjacent public right-of-way between the right-of-way and all on-site parking areas and other vehicular use areas to consist of one tree every 50 feet or portion thereof and a fence, wall or hedge not less than four feet in height at planting; and

ii.

An opaque fence, wall or hedge shall be provided along the boundary of adjacent private property of a height of not less than four feet and more than eight feet at planting.

b.

Distance Requirements. All measurements shall be measured in a straight line between the two closest points of each building or property, whichever is closer:

1.

No adult business shall commence operation within 1,500 feet of any residential zoning district.

2.

No adult business shall commence operation within 1,500 feet of any other adult entertainment establishment.

3.

No adult business shall commence operation within 1,500 feet of any church or school.

c.

Prohibited Activities.

1.

It shall be unlawful for an employee of an adult business to engage in specified sexual activities within the adult business premises in the presence of a patron or spectator of the business or for any form of compensation.

2.

It shall be unlawful for an employee of an adult business to physically touch a patron or spectator of an adult business while simultaneously revealing specified anatomical areas.

d.

Amortization of Non-conforming Adult Businesses.

1.

An adult business in violation of the location or distancing requirements of this ordinance at the time of its enactment on July 20, 2015 shall be deemed a non-conforming use which may remain in operation until two years later. No such non-conforming uses shall continue to operate as an adult business after two years later, except in compliance with the requirements of this ordinance.

2.

If any non-conforming adult business ceases to do business for a continuous period of six months, it shall be deemed abandoned and shall not thereafter re-open except in conformance with these regulations.

a.

Commercial livestock or poultry operations buildings or structures must be at least 200 feet from any property line.

b.

Concentrated animal feedlot operations are permitted provided all applicable federal and state requirements are met.

a.

No such antenna structure, including any support upon which it may be constructed, shall exceed a combined height of 100 feet.

b.

Amateur radio service antenna structures exceeding 100 feet in height shall be permitted only by the Board of Appeals subject to all variance requirements of this Code.

c.

Amateur radio service antenna shall be located a distance of at least one-half the height of the tower (antenna) from all property lines.

a.

An outdoor recreation facility consisting of amusement rides, games, water slides, amusement vehicles, golf driving ranges, miniature golf, batting cages, water slides or any similar commercial outdoor recreation shall be limited as follows:

1.

The minimum lot size shall be five acres.

2.

The maximum lot size shall be 15 acres.

3.

All such facilities must be enclosed within an eight foot high fence with unpierced gates that are to be locked except when the facility is open to the public.

4.

Outdoor activities are limited to the hours from 10:00 a.m. to 10:00 p.m.

5.

A site plan shall be required in accordance with chapter 10 to indicated entrances and exits, type location and height of recreation facilities, buildings and other structures and lights, parking areas, landscaping, buffers and drainage. The site plan shall also illustrate surrounding property uses and the location of the nearest residence.

6.

Lighting must be designed to direct light downward and away from adjacent properties.

7.

An environmental acoustical study shall be submitted to the Zoning Administrator as part of the site plan approval in order to identify and analyzes all sources of noise emanating from the site including outdoor speakers, sound effects or sound systems as well as rides, vehicles, and mechanical equipment. Noise levels shall not exceed 65 decibels, dbA measured at the property lines.

8.

A 100 feet buffer shall be maintained adjacent to all abutting residentially zoned property.

Any outside kennel or kennels with access to the outside shall be at least 200 feet from any residential district.

a.

A ten foot wide landscape buffer shall be required abutting public right-of-way.

b.

A 15 foot wide landscape buffer shall be required abutting all side and rear property lines.

c.

All vehicles shall be parked on paved surfaces or approved pervious paving materials.

d.

All outdoor display areas shall be at least 50 feet from the right-of-way line and no closer than 100 feet from the nearest residence.

e.

Maintenance, repair, painting and body work must take place within an enclosed building.

f.

The property shall contain a sales building with a minimum of 500 square feet of heated floor area.

a.

The Bed and Breakfast must be secondary to the use of the premises for a dwelling. All operators of a Bed and Breakfast Residence must own and occupy the building where said use will occur as their principal residence.

b.

Only one sign, for the purposes of identification, no advertisement, shall be permitted. The identification sign shall have a maximum of four square feet in sign area and shall not be illuminated.

c.

The maximum number of guest rooms made available for rent shall be five.

d.

One off-street parking space shall be provided per guest room and shall meet the requirements of this Code.

e.

No food preparation or cooking shall be conducted within any bedroom or any other individual rented rooms. Meals shall only be provided to overnight guests and employees of the inn.

f.

The exterior appearance of the structure shall not be altered from its single-family character.

a.

Cemeteries are permitted in AG, Agriculture, C, Commercial and PD, Planned Development zoning district provided they front on an arterial or connector street.

b.

A cemetery may include one or more of the following: a burial park for earth interments, a mausoleum for vault or crypt interments and a columbarium.

c.

A cemetery may include a chapel when operated in conjunction with and within the boundaries of the cemetery.

d.

Registered cemeteries per state law must have a minimum size of ten acres; other cemeteries must have a minimum land area of one acre.

e.

The minimum setbacks for any structures to the front property line must be 100 feet, to the side and rear property lines must be 100 feet and to any private, community, public water system or any water body, stream or river must be 100 feet.

f.

Must have a 25-foot planted buffer strip around their entire perimeter except for ingress and egress points.

g.

Private family cemeteries are permitted provided the following conditions are met:

1.

Private family cemeteries are only permitted in the AG (Agriculture) Zoning district.

2.

The minimum parcel size is one acre.

3.

The parcel must be surveyed by a Registered Land Surveyor, platted separately from any other property and properly recorded in the office of the Clerk of Superior Court of Coffee County.

4.

A 30-foot dedicated ingress/egress easement from a public road to the parcel must be shown on the plat. The easement will be privately owned and maintained.

5.

The cemetery must be setback a minimum of 100 feet from any public road or property line.

6.

The cemetery must be a minimum of 100 feet from any private, community or public water system or any water body, stream or river.

7.

A chain link fence around the gravesite(s) is required.

(Ord. No. 2016-02(b), 1-19-2016)

a.

The serving of food is limited to club members on a non-profit basis;

b.

Ingress and egress are situated so that the added traffic, lights, noise etc. are not objectionable to the surrounding residences;

c.

No structures are within 50 feet of an adjacent residential structure; and

d.

A planted buffer strip is provided and maintained to screen off-street parking areas, trash, service entrance, and other potential offensive features from adjacent residential properties.

a.

The purpose and intent is to provide a uniform and comprehensive set of standards for the development and installation of communication towers, antenna support structures, antennas and related facilities. These standards are designed to protect and promote public health, safety and community welfare and the aesthetic quality of the County, while at the same time not unduly restricting development of needed telecommunication facilities nor denying wireless communications suppliers' access to the public switched telephone network. These standards encourage managed development of telecommunication infrastructure.

b.

All applications shall include a statement of need or necessity, showing that the service cannot be provided through other means, i.e. co-location.

c.

All applications shall include the intended service area and existing coverage by service providers.

d.

Telecommunication towers shall comply with applicable Federal Aviation Administration and Federal Communications Commission regulations. Evidence of compliance must be submitted prior to issuance of building permits for construction.

e.

All certifications required for the construction of telecommunication facilities shall be sealed by a Georgia registered engineer.

f.

All telecommunication towers, as well as accessory and support structures including guy anchors shall comply with the applicable zoning district setbacks. For guyed towers, applicants should submit certified break-apart calculations in order for the property boundary setbacks of the tower to be determined. If the applicant does not submit break-apart calculations, the minimum setback from all property lines or the nearest inhabited building shall be 150 percent of the height of the tower, but not less than 200 feet.

g.

A wall or fence no less than ten feet in height from finished grade shall be constructed around each telecommunication tower and ground related support or guy anchors. Access to the tower shall be controlled.

h.

The County may require, as a condition of approval, the dedication of space on a tower for communications equipment required for public safety. The need for such public use shall be indicated to the applicant prior to formal approval of an application. In the case of co-use with the County, the applicant shall certify that none of the proposed or future users of the tower shall interfere with its use by the County for public safety.

i.

In addition to the landscaping requirements per chapter 4 of this Code, landscape buffers shall be required around the perimeter fencing of the telecommunication tower and any accessory uses, including guy anchors. Landscape buffers shall be located outside and within ten feet of the required fence and shall include not less than one tree and suitable ground cover for every 20 linear feet of fence. In addition, a hedge shall be installed around the exterior perimeter of the fence.

j.

A 12-foot wide stabilized access driveway is acceptable to a telecommunication tower, unless the Zoning Administrator determines, based on public safety concerns, that circumstances require paved access. The turn-around area shall be approved by the County, and Fire Chief.

k.

A minimum of one on-site parking space shall be provided. The parking area shall be paved if the access road is paved.

l.

Telecommunications towers and accessory structures shall be unoccupied.

m.

A tower may constitute an accessory use on a lot containing a separate principal use. If the tower constitutes a principal use, then it must be located on a property which meets the minimum lot size requirements of the district in which the tower is located and is large enough to accommodate the tower, accessory structures, landscaping, parking and other required improvements.

n.

The use of any portion of a tower for signs or advertising is prohibited.

o.

The following distances shall be measured by a straight line measurement without regard to intervening buildings from the nearest point of the building or unit within a building in which the proposed telecommunications tower is to be located to the nearest point of the lot, use, right-of-way line or district from which the proposed telecommunications tower is to be separated.

1.

No telecommunications tower shall be constructed within 500 feet of any residential zoning district within the County or within 500 feet of a residential area outside of the County.

2.

No telecommunications tower shall be constructed within 500 feet of a school.

p.

An unused tower shall be removed within three months of cessation of all telecommunications uses.

q.

Existing non-conforming towers may be replaced one time by a tower of equal or lesser height.

r.

Temporary facilities known as "cells on wheels" shall be allowed for periods up to 30 days during documented states of emergency as declared by the County Commission, and for special events subject to review and approval of the Zoning Administrator.

a.

Ingress and egress are situated so that the added traffic, lights, noise etc. are not objectionable to any surrounding residences;

b.

No structures are within 200 feet of an adjacent residential zoning district.

a.

The provisions of this section only apply to facilities which provide housing for more than ten persons or which are more than one acre in size. Any adult congregate care facility which is intended to house less than four unrelated persons in a single-family detached dwelling shall be a use by right in all residential zones.

b.

Standards.

1.

A site plan drawn to scale, in accordance with chapter 10 of this Code shall be provided.

2.

The permitted density shall be that of the underlying zoning district.

3.

Off-street parking shall be provided on a minimum basis of one space per every four occupants and one space for every two employees as determined by the maximum working shift. The County Commission may require the provision of additional parking in the reasonable exercise of its discretion.

4.

For all facilities, each unit in the facility to be occupied by one person shall be a minimum of 250 square feet; each unit in the facility to be occupied by two persons shall be a minimum of 450 square feet. Additionally, at least 100 square feet of interior common area shall be provided for each unit.

5.

All facilities shall provide facilities sufficient, as determined by the County Commission, in size to serve meals to the residents and shall provide at least two meals a day to its residents which shall be included in the monthly fee.

6.

All facilities shall also provide the following amenities or services for its residents:

i.

An office or examination room for the purpose of housing a qualified and properly licensed nurse or nursing staff.

ii.

T.V. and game room, library, arts and crafts center or other similar facility to provide leisure activities for facility residents.

iii.

Laundry facilities for the residents.

7.

All facilities shall be subject to a 45 foot height maximum.

8.

All facilities shall be subject to the regulations in the residential zoning districts which pertain to lot coverage and setbacks.

9.

At least 20 percent of each facility shall be maintained as open space to be either a lawn or landscaped area which can be used for recreation and other leisure activities.

10.

All signs in conjunction with the facility shall meet the applicable requirements pertaining to the zoning district in which the facility is located.

11.

Accessory uses shall be limited to those normal and incidental to residential dwelling units, including a small convenience store to provide personal items such as toiletries, magazines, a small selection of groceries, prescriptions. Said facility shall be self-contained within the structure and open only to the residents of the facility.

12.

Each facility and its units shall be served by one master meter for water, sewer, gas and electric utilities.

13.

Any plan for a facility must not only establish compliance with the above requirements, but also that such use will be reasonably compatible with the surrounding neighborhood on the basis of the following considerations:

i.

Ingress and egress to the property and proposed structures on the property with particular reference to automotive and pedestrian safety, traffic flow and control, and access in case of fire or other emergency.

ii.

Off-street parking and loading areas where required, with particular attention to the noise, glare, or odor effects, or property value effects of the proposed facility on adjoining properties and properties in the neighborhood.

iii.

Refuse and service areas.

iv.

Utilities with reference to location, availability and compatibility.

v.

Screening and buffering with reference to type, dimensions and character.

vi.

Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, compatibility and harmony with the neighborhood and adjacent properties.

a.

In any residential district, the use shall maintain a residential appearance compatible with the neighborhood and not be detrimental to adjacent properties as a result of traffic, noise, light, refuse, parking or other activities.

b.

The principal and accessory buildings shall meet all yard setback and height requirements of this district.

c.

The use shall comply with all state day care requirements for standards, licensing and inspections.

d.

The use must provide at least 200 square feet of outdoor recreation per child.

e.

The outdoor play area must be enclosed with a six foot high fence.

f.

The use shall provide paved driveways with drop-off areas and turn-arounds to be reviewed by the Zoning Administrator, so that traffic associated with the use does not impede flow of traffic on adjacent streets.

No alcoholic beverage license shall be granted or issued to any applicant for such license nor shall any person knowingly and intentionally sell or offer to sell, give or distribute:

a.

Any distilled spirits in or within 100 yards of any church building;

b.

Any distilled spirits within 200 yards of any school building, educational building, school grounds or college campus;

c.

Any wine or malt beverages within 100 yards of any school building, school grounds or college campus;

d.

Any distilled spirits, wine or malt beverages within 100 yards of an alcoholic treatment center owned and operated by the State of Georgia or any county or municipal government therein.

1.

As used in this subsection, the term "school building" or "educational building" shall apply only to state, county, or church school buildings and to such buildings at such other schools in which are taught subjects commonly taught in the common schools and colleges of this state, and which are public schools or private schools.

e.

This section shall not be applicable to sales or transfers by any license holder whose use of his premises for such sale existed before the establishment of the use of the religious facility, school, or public playground; or when the religious facility is located in a storefront in a commercial zoning district as a temporary use.

f.

Those distance measurement prohibitions stated above shall be measured in the following manner:

In the nearest traveled pedestrian way from the front door of the structure on the premises for which an alcoholic beverage license is applied for, to the nearest right-of-way line or a sidewalk or street or public way and proceeding to the premises (property line) listed under a. through e. above along such nearest public right-of-way.

a.

Drive-Through facilities shall not be permitted in residential zoning districts.

b.

Each stacking space shall be a minimum of 26 feet in length and ten feet in width along the straight portions of the stacking lane. Stacking spaces and stacking lanes shall be a minimum of 12 feet in width along curved segments.

c.

Stacking lanes shall be delineated from traffic lanes, other stacking lanes and parking areas with striping, curbing, landscaping and the use of alternative paving materials or raised medians. If curbing or a raised median is used, an emergency by-pass or exit shall be provided.

d.

Entrances to the stacking lane(s) shall be clearly marked and a minimum of 60 feet distance from the side property line.

e.

Stacking lanes shall be designed to prevent circulation congestion, both on site and on adjacent public streets. The circulation shall separate the drive-through traffic from the circulation on site, not impede or restrict access into or out of parking spaces, and minimize conflicts between pedestrian and vehicular traffic with physical and visual separation of the two.

f.

Stacking lanes shall not interfere with required loading and trash storage areas and loading or trash operations shall also not interfere with on-site vehicle movement.

g.

Any outdoor service facility, including menu boards, speakers, etc., shall be a minimum of 100 feet from any residentially zoned district or residentially used property.

h.

Menu boards shall be a maximum of 24 feet square feet, with a maximum of seven feet in height and shall be screened from the view of any public street or residential properties.

i.

Standards for drive through facilities.

1.

A drive-through or walk-through facility shall be designed, constructed and used so as not to interfere with the public use of public ways, streets, alleys or other public areas. The Zoning Administrator shall specifically approve such facility. In making such determination, the type of business, the existing and projected traffic flow of nearby public areas and the nearness of other like facilities shall be considered.

j.

The minimum number of queuing or stacking spaces required shall be as follows. Variations from these minimums may be allowed by the Zoning Administrator on the basis of a traffic study as provided by the applicant.

*An additional four vehicle queue from the pick-up window to the order box shall be provided.

k.

Each queue space shall be a minimum of ten feet by 26 feet. Queuing lane dimensions shall be measured from the point indicated in the queue space schedule to the end of the queuing lane. Dimensions of queuing lanes shall be shown on the site plan.

l.

Each queue lane shall be clearly defined and designed so as to not conflict or interfere with other traffic using the site. A bypass lane with a minimum width of 12 feet shall be provided if a one-way traffic flow is used in the parking lot. The bypass lane shall be clearly designated and distinct from the queuing area.

The following standards shall apply to all live-work dwelling units.

a.

The dwelling unit must be owner occupied.

b.

Only one business may be operated in each dwelling.

c.

The business owner shall be the owner of the dwelling unit in which the business is located.

d.

The business shall be located on the ground floor only and shall have direct entry from the sidewalk along the street frontage.

e.

No more than 40 percent of the dwelling unit may be used for conducting the business.

a.

Loft dwellings shall be located in mixed use buildings in the C zoning district.

b.

No loft dwelling shall be located on the ground floor.

c.

Residential portions of a building shall have at least one entrance/exit to the ground floor that is separate from the entrance/exit used by the occupants of the non-residential portion of the building.

d.

Each loft dwelling shall have at least 800 square feet of heated/ac living area.

a.

The following standards are intended to provide for areas of two-family, three-family and four-family development that are consistent in design and in development patterns with typical single-family detached development.

b.

The two units of a duplex shall share a common roof and a common wall for at least 50 percent of the maximum depth of the building, as measured from the front to the to the rear of the lot and prohibit the separation of the two units by a breezeway, carport, or other open building element; instead of a shared common wall, the two units can share a common floor and ceiling.

c.

Each dwelling unit shall have access to the street with a concrete driveway or any other alternative material consistent with this Code.

a.

The requirements in this section shall be in addition to and shall supersede in the event of a conflict those contained in the building code, relating to type of construction and materials of walls and fences.

b.

Any fence or wall, except a chain link fence, in height over eight feet must be designed and sealed by a licensed professional engineer or architect.

c.

Fences and walls shall be constructed of concrete, cement blocks, brick, chain link, wood, ornamental wrought iron, stone, or any alternate material as approved by the Zoning Administrator. Concrete or cement block walls shall be stucco or provided with a textured finish.

d.

Metal fences shall be of non-corrodible metal or galvanized wire fabric, having a minimum of 11 gauge, mounted on steel or aluminum posts.

e.

Fences or walls should be generally in harmony and compatible with their surroundings.

f.

All fences shall be maintained in good repair on both sides in order to remain structurally sound.

g.

No fence shall be constructed of materials which easily corrode, decay or rust, unless specifically treated to inhibit such corrosion, decay or rust.

h.

Fences, walls, signs nor landscaping shall be constructed or placed in a manner that creates insufficient sight distance as defined by the American Association of State Highway and Transportation Officials.

i.

Plans for fences or walls shall be included as a part of the site and/or building plans and shall be erected during or immediately after the erection of the principal building, and in any event prior to the certificate of occupancy of the principal building is issued.

j.

In no case shall a fence or wall restrict the natural sheet flow of water or impede movement of drainage water from swales, drainage ditches etc.

k.

All major development projects shall be allowed to install a construction fence with a temporary six-foot chain link fence with obscure fabric that may include graphics depicting the development project, or other visual barrier material around the site prior to the initiation of the construction phase.

In residential districts:

l.

For a multi-family development or unit, fences and walls shall be set back a minimum of three feet from any abutting street right-of-way for the purpose of landscape beautification. Landscaping materials shall consist of a hedge and groundcover or other grounded landscape treatment.

In commercial or industrial districts:

m.

Fences or walls erected in commercial districts shall be no higher than eight feet. Fences shall be set back a minimum of five feet from any abutting street right-of-way for the purpose of landscape beautification. Landscaping materials shall consist of a hedge and groundcover or other grounded landscape treatment.

n.

Fences or walls erected in an industrial (W-LI or HI) zoning district shall be set back a minimum of five feet from any abutting street right-of-way for the purpose of landscape beautification.

a.

The market must provide adequate off-street parking for its employees, vendors and customers;

b.

The market must provide adequate restroom facilities located within a structure or building on the grounds; and

c.

A building permit shall be required for structural interior spaces.

Recreational vehicles may be permitted as an accessory use at flea markets. Such vehicles shall be self-contained and shall not be connected to any utility except electricity. The length of stay for such vehicles shall be limited to 72 hours. There shall be a maximum of ten vehicles per acre, but no more than 30 vehicles, at any flea market, regardless of the size of the flea market.

a.

Gasoline and other motor fuel stations, excluding principal use signs, but including storage tanks and gas pumps, must be placed not less than 50 feet from any side or rear property lines, except when the side or rear property lines abut a street, in which case the setback shall be that required for such streets.

b.

All structures, including gas pumps and buildings comply with the setback requirements from the abutting streets, but shall be at a minimum 25 feet from the property line.

c.

All points of ingress and egress shall be arranged so as to minimize interference with normal street traffic flow.

d.

No building or structure shall be placed within 100 feet of a residential property line.

e.

All repair and maintenance, if permitted, shall be carried on entirely within an enclosed building.

f.

All drives, parking, storage and service areas shall be paved and curbed.

g.

Outside above ground tanks for the storage of gasoline, liquefied petroleum gas, oil and other flammable liquids or gases shall be prohibited.

h.

The use shall not be combined with any other use or facility to create a truck stop.

a.

If in a residential district or abutting a residential district, the following standards shall apply:

1.

Hours of operation shall be limited to the hours of 6:00 a.m. to 11:00 p.m.

2.

Outdoor recreation activities shall be limited to the hours of 8:00 a.m. to 10:00 p.m.

3.

Not outdoor loudspeakers or sound amplification systems shall be permitted.

4.

No outdoor storage shall be permitted.

5.

No building, swimming pool, tennis court, ball field or other form of outdoor recreation shall be closer than 50 feet from abutting property zoned for residential use.

6.

Outdoor lights shall be no more than ten feet in height and not closer than 25 feet from a property line. Outdoor light fixtures shall be cut-off luminaries designed to cast light downward and away from adjacent property.

7.

Property lines abutting properties used for residential dwellings shall provide a minimum 25 feet continuous vegetative buffer, except where penetrated by a driveway or utility lines.

a.

No person shall be employed other than members of the immediate family residing on the premises plus one additional employee.

b.

The use of the dwelling unit or an accessory building on the property for the home occupation shall be clearly incidental and secondary to the residential use and shall under no circumstances change the residential character of the dwellings and the property.

c.

There shall be no outside display or storage of materials or supplies in residential districts. Outside parking of one trade vehicle is permitted. No business vehicles larger than a van, panel truck or one ton pick-up truck are permitted to park overnight on the property.

d.

No signage of any kind shall be displayed other than what is permitted in chapter 8 of this Code.

e.

The home occupation shall not constitute a fire hazard to neighboring residences, or adversely affect neighboring property values, or constitute a nuisance or otherwise be detrimental to the neighbors because of excessive traffic, noise or odors.

f.

A home occupation shall produce no noise, obnoxious odors, vibrations, glare, fumes or electrical interference detectable to normal observation outside the dwelling or building.

g.

No traffic shall be generated by such home businesses in greater volumes than would normally be expected in a residential neighborhood and any need for parking generated by the home occupation shall be met off-street and not in the front yard.

h.

The use can qualify for all local, state and federal licenses, certificates and permits.

i.

Any violation of these regulations may result in the revocation of any home occupation license, in addition to any other remedy for such violation.

j.

The issuance of a license to engage in a home occupation in accordance with this ordinance shall not be deemed to be a change in zoning nor an official expression of opinion as to the proper zoning for the particular property.

a.

Ice Vending Machines are permitted in the AG, C and WLI or HI zoning districts.

b.

The lot shall include a 15 foot landscape buffer around the ice vending machine excluding ingress and egress.

c.

The Ice Vending Machine shall be set back a minimum of 50 feet from any residentially zoned property.

d.

Two parking spaces shall be provided, plus one additional ADA accessible parking space.

a.

Indoor Gun Ranges are allowed in C and WLI and HI Zoning Districts.

b.

The facility must be located along arterial and collector roads.

c.

A Gun Range shall not be located within a quarter-mile of residential or government structures.

d.

All operations shall be entirely within an enclosed building which shall be constructed according to the National Rifle Association Sourcebook and must comply with all applicable building codes.

e.

Sound absorbing material must be used inside the facility to suppress the sounds from the firearms.

f.

Lead from the range must be recycled and the brass and debris shall be cleaned up daily using special vacuum equipment.

g.

Parking requirements shall follow the standards for warehousing as outlined in chapter 4 of this Code.

h.

A noise study shall be submitted demonstrating that gun sounds will not be audible outside of the property range.

i.

An Indoor Gun Range shall only be used when the proprietor or designee of the site is present.

a.

Outdoor Gun Ranges are allowed in the "AG, WLI, and HI" Zoning Districts. Gun Ranges are essential services for the community.

b.

The discharge of firearms shall be conducted only within the range and or bays specifically designated for such use on an approved site plan.

c.

Firing positions shall be separated a minimum of 500 feet from the boundary of the subject property with any adjacent parcel in separate ownership.

d.

An impenetrable backstop, a minimum of 20 feet in height, shall be constructed down range of any authorized range or bay, and side berms a minimum of eight feet in height shall be provided along the sidelines.

e.

The perimeter of the shooting range, including the firearm discharge area and surrounding berms, shall be enclosed by a fence or wall, a minimum of six feet in height to prevent unauthorized access. Warning signs of at least one square foot each shall be attached to the perimeter fence at the rate of once at every corner and at least one for every 100 lineal feet plus one at each entry gate.

f.

The applicant's range complex design shall be consistent with the NRA Source Book latest edition for the construction of outdoor shooting ranges. To assure the protection of groundwater from lead and other contaminants associated with the discharge of firearms the range shall comply with USEPA's Best Management Practices (http://www.epa.gov/region2/waste/leadshot/).

g.

The applicant shall demonstrate compliance with all applicable state and local regulations and how safety and noise factors have been addressed through the site plan and other special features of the proposed development.

h.

Shooting range sites are a community asset that once sited and in operation, needs to be protected. To that end is a requirement that properties to be sold within two miles of the range, once the site has been approved, that the seller must disclose of the existence of said shooting range to the prospective buyer.

Industrialized Homes are permitted in the AG, R-2, R-3, R-M, R-P and PD Zoning Districts.

All industrialized homes must comply with the following regulations for dwelling units:

a.

The building permit application must be accompanied by the following:

1.

The serial number of the home as provided by the manufacturer.

2.

Proof of the identity of the manufacturer.

3.

Proof of inspection of the home at the date of manufacture, including DCA seal.

b.

No industrialized home shall be in a state of disrepair at the time of its installation at the intended location within the County.

c.

All industrialized homes shall receive all applicable inspections necessary to ensure the following:

1.

External connections to gas, plumbing, electric and any other utility systems shall be constructed and installed in a manner that meets all County building codes.

2.

Each industrialized home site shall include an approved potable water source and an approved sewage disposal system meeting the requirements of the Coffee County Health Department.

3.

Steps, landings, porches shall meet the requirement of the International Building Code.

d.

All industrialized homes shall meet all requirements of the zoning district in which the home is located.

e.

No industrialized home may be attached to another industrialized home by means of a breezeway, corridor or hallway. Industrialized homes designed to be part of a multi-family structure are prohibited.

f.

The proposed modular home must be such that it was initially designed and currently suitable solely for single-family use.

a.

Gambling and non-sanctioned lotteries are illegal in the State of Georgia.

b.

With daily advances in electronic and computer technology, attempts at circumventing state law regarding illegal gaming has evolved from readily apparent methods to more veiled and camouflaged schemes; and

c.

In recognition of this, the State of Georgia specifically prohibited the use of video poker machines in 2006;

d.

Since 2006, various programs have been created that allow computers and other electronic machines and devices to conduct a sweepstakes which purportedly entitle participants to have a chance to win various prizes and rewards in return for the purchase of token services or products such as internet service, telephone cards, and office supplies, among other products; and

e.

Certain companies are advertising on the Internet that these Sweepstakes are legal in the State of Georgia; and

f.

These websites explain how to evade the gambling laws in states such as Georgia by establishing Sweepstakes Parlors; and

g.

These business models appear to represent an attempt to circumvent the laws of the State of Georgia that generally prohibit gambling and illegal lotteries; and

h.

The sale of goods or services to patrons appears to be no more than a subterfuge for promoting gambling on the premises; and

i.

A number of jurisdictions around the United States either have passed or are contemplating the passage of laws, statutes, or ordinances banning or prohibiting such Sweepstakes Parlors; and

j.

The County Commission finds that promoting and establishing non-sanctioned lotteries is illegal in the State of Georgia and constitutes commercial gambling; and

k.

The County Commission finds that requiring participants in a Sweepstakes scheme to pay any tangible consideration to the operator of such business in the form of money or other property or thing of value and/or to purchase any goods, wares, merchandise, services or anything of value from such business to be eligible for a prize further constitutes an illegal lottery; and

l.

The County Commission further finds that requiring a participant to purchase goods and services, even if the goods and services have an independent value equal to that charged to the participant, is a mere token from of consideration and is illegal; and

m.

On March 15, 2011, the Hon. Samuel Olens, Attorney General of the State of Georgia, also concluded that such a method of business was illegal;

n.

The County Commission ordains the following:

1.

The clauses set forth above represent the legislative findings of the County Commission and the Chairman of the County Commission;

2.

Any such method of operating a Sweepstakes as described above shall be banned in Coffee County;

3.

Any and all businesses that plan on utilizing such a Sweepstakes shall be informed of this Ordinance prohibiting the use of same;

4.

The refusal to abide by the terms of this Ordinance shall be grounds for the denial of any permit the business applicant seeks.

a.

The lot size shall not be less than two acres.

b.

Any building or enclosed structures for the housing of animals shall have minimum side and rear setbacks of at least 200 feet from the property lines.

c.

All areas maintaining animals outside shall be completely enclosed by wall or fences at least six feet in height and shall be located no closer than 200 feet from property lines or street right-of-way.

Not permitted.

Not permitted.

a.

Except as provided below, no animals shall be kept in any residential district except those animals generally recognized as household domestic pets, such as dogs, cats, caged birds etc. In any residential district, only that number of domestic animals which may be safely and humanely maintained within the premises shall be permitted.

b.

Animals as described below, other than household domestic pets, may be kept provided they are not housed within 100 feet of any property line.

c.

The property must be at least two acres.

d.

Hens may be permitted, roosters shall not be allowed, in residential districts.

e.

The horses are for the private and personal use of the resident and his/her family.

f.

Manure must be disposed of or composted in a way that does not produce offensive odor.

(Ord. No. 2017-7, 7-3-2017)

5-34.1. Definitions. The following words, terms, or phrases shall have the meanings ascribed to them in this section.

Applicant. Means any person seeking to install a manufactured home in Coffee County.

Building Inspector. Means the person appointed, employed, or otherwise designated as the director of planning, permits and inspections, or the County building official, or his or her designee, including the Zoning Administrator.

Certificate of Occupancy. Means a document issued by the Building Inspector certifying that a pre-owned or new manufactured home is in compliance with applicable requirements set forth by this Code, and indicating it to be in a condition suitable for residential occupancy.

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

Jurisdiction. Means the unincorporated areas of Coffee County, Georgia.

Manufactured Home: (O.C.G.A. § 8-2-131). A manufactured home, also known as a mobile home, is a detached structure, transportable in one or more sections, built on a permanent chassis, which, in the traveling mode, is eight body feet or more in width, 40 body feet or more in length or, when erected on site, is 320 or more square feet, and designed to be used as a single-family dwelling unit, with or without permanent foundation when connected to the required utilities and includes plumbing, heating, air conditioning, and electrical systems contained therein. Manufactured homes are further defined as Class "A", Class "B" or Class "C."

Class "A" Manufactured Home ("double wide"): A Class "A" Manufactured Home is a manufactured housing unit constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act 42 U.S.C. 5401-5445 (the HUD Code) which meets the following development standards:

1.

Minimum width of not less than 24 feet.

2.

Anchored as per manufacturer's recommendation as approved by the Federal Government.

3.

The perimeter beneath each such home must be enclosed (skirted) with an enclosure as manufactured for such purposes, including but not limited to, stucco-finished concrete block, or metal lath painted, concrete block, brick, or vinyl materials that have been approved by the Code Enforcement Department.

4.

At each exterior door of the home there shall be a landing (minimum of three feet by four feet) with steps.

5.

All wheels, axles, transporting lights, and hitch mechanisms removed before being occupied.

6.

Exterior siding of masonry, wood, stucco, hardboard, or vinyl type siding material.

7.

A fully functioning, inspected, and approved electrical, water, and sewage system before being occupied.

8.

Roof constructed of:

i.

A type commonly used on site constructed residences;

ii.

A pitch of not less than two feet of rise for each 12 feet of horizontal run; and

iii.

A boxed roof overhang of four inches.

9.

Fronted on a public street/road.

10.

Electrical utilities shall be connected in accordance with electrical utilities requirements, the Coffee County Code requirements, and the manufacturer's specifications, before the home is occupied.

11.

Manufactured Homes, Class A, are not permitted to be used as storage buildings.

Class "B" Manufactured Home ("single wide"): A Class "B" Manufactured Home is a manufactured housing unit constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act 42 USC 5401-5445 (the HUD Code) which meets the following development standards.

a.

Maximum width of less than 24 feet.

b.

Installed to meet the minimum installation standards adopted by the State of Georgia and the manufacturer's installation instructions.

c.

The perimeter beneath each such home must be enclosed (skirted) with an enclosure as manufactured for such purposes, including but not limited to, stucco-finished concrete block, or metal lath painted, concrete block, brick, or vinyl materials that have been approved by the Code Enforcement Department.

d.

At each exterior door of the home there shall be a landing (minimum of three feet by four feet) with steps.

e.

All wheels, axles, transporting lights, and hitch mechanisms removed before being occupied.

f.

A permit prior to being connected to electricity by the utility company.

g.

A fully functioning, inspected, and approved electrical, water, and sewage system before being occupied.

h.

Front of the home shall face a public street/road.

i.

Manufactured Homes, Class "B," are not permitted to be used as storage buildings.

j.

Manufactured Homes, Class "B", are not permitted to be joined, connected or otherwise situated to another Manufactured Home, Class A, B or C, for any purpose.

k.

Electrical utilities shall be connected in accordance with electrical utilities' requirements, the Coffee County Code requirements, and the manufacturer's specifications, before the home is occupied.

Class "C" Manufactured Home: A dwelling unit fabricated in an off-site facility so that it is readily transported on its own chassis along streets, which was constructed prior to June 15, 1976 does not meet the standards of the 1976 Act and the Class "B" compatibility criteria herein.

a.

Class "C" Manufactured Housing must be installed to meet the minimum installation standards adopted by the State of Georgia and the manufacturer's installation instructions, when available.

b.

The perimeter beneath each such home must be enclosed (skirted) with an enclosure as manufactured for such purposes, including but not limited to, stucco-finished concrete block, or metal lath painted, concrete block, brick, or vinyl materials that have been approved by the Code Enforcement Department.

c.

At each exterior door of the home, there must be steps, and landing that is a minimum of three feet by four feet in area, constructed to the standards set forth in the International Building Code, Latest Edition as adopted by the State of Georgia.

d.

All wheels, axles, transporting lights, and hitch mechanisms shall be removed therefrom and from the lot, before the home is occupied.

e.

Electrical utilities shall be connected in accordance with electrical utilities' requirements, the Code Enforcement requirements, and the manufacturer's specifications, before the home is occupied.

f.

The home shall have fully functioning, inspected, and approved electrical, water, and sewage system before being occupied.

g.

The front of the home shall face a street or road.

h.

Manufactured Homes, Class "C," are not permitted to be used as storage buildings.

i.

Manufactured Homes, Class "C", are not permitted to be joined, connected or otherwise situated to another Manufactured Home, Class A, B or C, for any purpose.

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

5-34.2. Conditions. All manufactured homes located in the jurisdiction shall bear a label certifying that it was constructed in compliance with the National Manufactured Housing Construction and Safety Standards (MHCSS) Act of 1974, 42 U.S.C. Sections 5401, et seq. (the HUD Code), and shall be installed in accordance with O.C.G.A. § 8-2-160 et seq.

5-34.3. Permitting, Inspection, Certificate of Occupancy and Fees. A permit shall be required to locate a manufactured home in the jurisdiction.

a.

Permit. To obtain a permit, Applicants shall provide to the Zoning Administrator:

1.

An affidavit signed by the applicant that the manufactured home meets health and safety standards required by the MHCSS Act and this LDC.

2.

Photographs of the interior and exterior of the manufactured home providing evidence that the home meets the minimum health and safety standards of section 5-34.4 of this ordinance.

3.

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

b.

Inspection. A relocation permit must be obtained by any individual or business seeking to locate a used manufactured home within Coffee County as provided by this LDC, unless otherwise exempted. Upon receipt of a relocation permit, Applicants may relocate or locate the manufactured home on a residential site for the purposes of inspection. Applicant shall arrange for an inspection to be held once the installation of the manufactured home is complete. Installation must be completed by a State of Georgia Licensed Installer.

c.

Certificate of Occupancy. A certificate of occupancy shall only be issued to the Applicant after such time that the Building Inspector certifies that the requirements of this LDC have been met.

d.

Fee. The fee for a relocation permit and manufactured home permit is as established by the Board of Commissioners.

5-34.4. Minimum Health and Safety Standards.

Commercial or Business Use of Manufactured Homes:

a.

When otherwise permitted by this LDC, a commercial or business use of a Manufactured Home shall be permitted when the Manufactured Home:

1.

Is a Class "A " Manufactured Home as defined above; and

2.

Is used solely for commercial or business purposes and is not also used as a residence, provided the business invites the general public onto the property to conduct business.

b.

If at the time this ordinance is adopted, a Class "B" or "C" Manufactured Home is being utilized for commercial or business purposes said business shall be allowed to continue said use until one of the following occur:

1.

The Manufactured Home is determined unsuitable for its declared use, as defined or determined by an ordinance of Coffee County, or by some other legal authority, governmental agency or entity; or

2.

The Manufactured Home ceases to be used for commercial or business purposes. A commercial or business use shall cease:

c.

When the Manufactured Home is converted to residential use, if otherwise permitted by an ordinance of Coffee County; or

d.

When a business has not actively been in continuous existence in that Manufactured Home for a period of time greater than six months as evidenced by a lapse in a business license, lack of power and utility service to the structure or any other competent evidence supporting such a conclusion; or

e.

When the business owner seeks to relocate the business and the Manufactured Home, and relocation of the Manufactured Home is otherwise forbidden by this ordinance. In that event, the Manufactured Home shall not be allowed to be relocated to the new site. If the business otherwise relocates to another site in another facility, no continued commercial or business use of the Manufactured Home at that location shall be permitted;

f.

All Manufactured Homes sought to be used for commercial or business purposes shall comply with all other provisions of this ordinance.

Residential Use of Manufactured Homes:

a.

Manufactured Homes (Class "A," "B," and "C") to be occupied as residential units shall be restricted to R-M, R-3 and AG Districts, except as otherwise provided by this LDC.

b.

All Manufactured Homes (Class "A," "B," and "C") within Residential districts shall meet all other requirements of that district.

c.

If at the time this ordinance is adopted, a Manufactured Home, Class C, is being utilized for residential purposes, the Manufactured Home shall be allowed to continue said use until one of the following occurs:

1.

When the Manufactured Home is determined unsuitable for its declared use, as defined or determined by an ordinance of Coffee County, or some other legal authority, governmental agency or entity; or

2.

When a Manufactured Home owner seeks to relocate the Manufactured Home and relocation of the Manufacture Home is otherwise forbidden by this ordinance. In that event, the Manufactured Home shall not be allowed to be relocated to the new site.

d.

All Manufactured Homes sought to be used for residential purposes shall comply with all other provisions of this ordinance.

Minimum Facilities Required: All Manufactured Homes to be located, relocated, or purchased within the territorial boundaries of Coffee County, Georgia shall have the following minimum facilities:

a.

Sanitary Facilities. Every home shall contain not less than a kitchen sink, lavatory, tub and/or shower, and toilet all in working condition when properly connected to an approved water and sewer system. Every plumbing fixture, water, and waste pipe shall be in a sanitary working condition free from leaks and obstructions.

b.

Hot and Cold Water Supply. Every kitchen sink, lavatory, tub and/or shower in a home must be connected to a supply of both cold and hot water.

c.

Water Heating Facilities. Every home shall have water-heating facilities in safe working condition.

d.

Heating Facilities. Every home shall have heating facilities in a safe working condition. Where a central heating system is not provided, each home shall be provided with facilities whereby heating appliances may be connected.

1.

Unvented fuel burning heaters shall be prohibited except for heaters listed for unvented use and the total input rating of the unvented heater is less than 30 BTU per hour cubit feet of room area.

e.

Smoke Detector. Every home shall have the appropriate number of State of Georgia approved smoke detectors, installed in accordance with the manufacturer's recommendation and listing.

f.

Windows. Every habitable room excluding bathrooms, kitchens, and hallways shall have at least one window that can be opened, facing directly to the outdoors.

g.

Ventilation. Every habitable room shall have at least one window or skylight which can be opened, or such other devices that will ventilate the room.

h.

Electrical. Distribution panels shall be in compliance with approved listings, complete with required breakers or fuses, with all unused openings covered with blank covers approved and listed for that purpose. Connections shall be checked for tightness. Panels shall be accessible and meet National Electrical Code (NEC).

i.

Exterior Wall. The exterior wall of the home shall be free of loose or rotting boards or timbers and any other conditions that may admit rain or moisture in the interior portions of the walls or the occupied spaces of the home.

j.

Exterior Siding. The exterior siding of the home shall be free of rot and rust and must be uniform and neat in appearance.

k.

Roofs. Roofs shall be structurally sound and have no obvious defects, which may admit rain or cause moisture to collect on the interior of the home, and be maintained to prevent this from happening.

l.

Interior Floors, Walls, and Ceiling. Every floor, interior wall and ceiling shall be in a sound condition and must be maintained to prevent the admittance of rain moisture or the escape of heating and cooling.

All manufactured homes shall comply with the following before being issued a certificate of occupancy by the Building Inspector.

a.

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

b.

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

c.

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

d.

Sanitary Facilities. Every plumbing fixture, water, and waste pipe of a manufactured home shall be in a sanitary working condition when properly connected, and shall be free from leaks and obstructions. Each home shall contain a kitchen sink. Each bathroom shall contain a lavatory and water closet. At least on bathroom shall contain a tub and/or shower facilities. Each of these fixtures shall be checked upon being connected to ensure they are in good working condition.

e.

Heating Systems. Heating shall be safe and in working condition. Un-vented heaters shall be prohibited.

f.

Electrical Systems. (switches, receptacles, fixtures, etc.) shall be properly installed and wired and shall be in working condition. Distribution panels shall be in compliance with the approved listing, complete with required breakers, with all unused openings covered with solid covers approved and listed for that purpose. The home shall be subject to an electrical continuity test to assure that all metallic parts are property bonded.

g.

Hot Water Supply. Each manufactured home shall contain a water heater in safe and working order.

h.

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

i.

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

j.

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

5-34.5. Minimum Manufactured Home Standards.

Location of Manufactured Homes:

a.

At the discretion of the County Commissioners new Manufactured Housing Parks may be allowed in the R-M Residential District. Manufactured Housing Parks (See section 5-34) and the Manufactured Homes to be placed in housing parks, must comply with all other Coffee County Zoning Ordinances, as well as all other provisions of this LDC. Manufactured Homes may be utilized for residential or commercial purposes as provided herein.

1.

When said Manufactured Homes are to be placed on individual lots, they must otherwise comply with this LDC.

b.

Moving or relocating a Manufactured Home from one location in the County to another.

1.

Anyone wanting to move or relocate a Manufactured Home must first submit an application requesting the same to the Code Enforcement Department.

2.

At the time that an application for relocation is sought, no Class C Manufactured Home shall be allowed to relocate within the County and no permit for the same shall be issued if said manufactured home is to be used for rental or commercial purposes once it reaches its destination.

3.

After an application for relocation is completed and prior to relocation, the Manufactured Home at issue must be inspected by Code Enforcement and determined to be suitable for relocation as determined by this LDC.

4.

No Location Permit to move or relocate a Manufactured Home shall be issued unless the following criteria has been met:

i.

It meets and passes the inspection process described in this LDC; and,

ii.

The applicant provides proof that all outstanding property taxes are paid in full at the time of said application; and,

iii.

The solid waste bill associated with that Manufactured Home, and/or the property upon which it has been or will be placed, is paid in full.

5.

After a Manufactured Home is relocated, it must be re-inspected prior to connection to utilities. Only if it passes re-inspection shall a Certificate of Occupancy be issued.

6.

Moving or relocating a Manufactured Home in violation of this section shall subject an owner, a retailer, and/or a Manufactured Home Transporter to a penalty as provided in section 1-12 of the Coffee County Code of Ordinances.

c.

Relocating a Manufactured Home from outside Coffee County to a location within Coffee County.

1.

Anyone wanting to relocate a Manufactured Home from outside Coffee County to a location within Coffee County must first execute an application requesting the same at the Code Enforcement Department.

2.

At the time that an application for relocation is sought, no Class C Manufactured Home shall be allowed to relocate within the County and no permit for the same shall be issued.

3.

After an application for relocation is completed and prior to relocation, the manufacture home at issue must be inspected by Code Enforcement and determined to be suitable for relocation as determined by this LDC.

4.

No permit to relocate a manufactured home shall be issued unless it meets and passes the inspection process described in this LDC.

5.

Inspections of Manufactured Homes arriving from outside the County to be located within the County require an affidavit signed by the applicant that the manufactured home meets health and safety standards required by the MHCSS Act and this LDC.

6.

Photographs of the interior and exterior of the manufactured home providing evidence that the home meets the minimum health and safety standards of section 5-34.4 of this LDC.

7.

After a Manufactured Home is relocated, it must be re-inspected prior to connection to utilities. Only if it passes inspection shall a Certificate of Occupancy be issued.

8.

Moving or relocating a Manufactured Home in violation of this section shall subject an owner, a retailer, and/or a Manufactured Home Transporter to a penalty as provided in section 1-12 of the Coffee County Code of Ordinances.

d.

Location of Manufactured Homes by retailers after sale:

1.

New Manufactured Homes.

i.

When a new Manufactured Home is sold for the first time by a retail vendor, no Pre-Location Inspection shall be required; however,

ii.

After the Manufactured Home is located on the residential lot, it must be inspected prior to connection to utilities before a Certificate of Occupancy is issued.

2.

Used Manufactured Homes.

i.

Manufactured Home retailers will be permitted to move pre-owned Manufactured Homes onto their lots for refurbishing and/or resale but only consistent with the provisions of this LDC.

ii.

Used Manufactured Home vendors shall not place in inventory for sale any manufactured home that has not first been inspected by Coffee County Code Enforcement and the retailer receives a Location Permit allowing the Manufactured Home to be placed on the retail lot for sale to the general public. This permit shall also allow the Manufactured Home to be transported from the retail lot to the purchaser's destination.

iii.

After the Manufactured Home is located on the residential lot, it must be reinspected prior to connection to utilities before a Certificate of Occupancy shall be issued.

3.

Abandoned Manufactured Homes.

i.

Any Manufactured Home abandoned by its owner or by any Manufactured Home transporter on private property or public right-of-way in Coffee County shall subject the owner and/or transporter to a penalty as provided in section 1-12 of the Coffee County Code of Ordinances.

ii.

A Manufactured Home shall be considered abandoned:

a.

If it is left on a public right-of-way for a period of five days or more, and is not otherwise removed from said right-of-way during that time; or

b.

If it is left on private property for five days without having first obtained a permit. In this event, if the Manufactured Home otherwise would pass inspection and qualify for a Certificate of Occupancy, said permit may be issued, provided the owner pays for the relocation permit as if the Manufactured Home had been properly inspected before relocation, pays a surcharge of $150.00, and otherwise complies with all other applicable provisions affecting location of Manufactured Home. If the Manufactured Home does not pass inspection, the County has an automatic easement onto the real property at issue for purpose of removing and disposing of the same as set out in subsection (c) below. The offending parties shall be guilty of a misdemeanor and subject to a penalty as provided in section 1-12 of the Coffee County Code of Ordinances.

c.

If a Manufactured Home is so abandoned, the County may take any reasonable steps to remove the Manufactured Home from the private property or right-of-way. The cost associated with said removal shall be chargeable to both the owner and the transporter. In such event, if the sale of the Manufactured Home is necessary to recover said costs, the County may take any and all legal steps to dispose of said Manufactured Home, including issuing a fi fa for said cost and selling the Manufactured Home in the same manner that a Manufactured Home would be sold to recover for any outstanding ad valorem tax.

5-34.6. Permits.

Types of permits:

a.

Manufactured Home Location Permits. A location permit must be obtained by any individual or business seeking to locate a manufactured home within Coffee County as provided by this LDC, unless otherwise exempted. All manufactured homes are subject to an inspection prior to the issuance of a permit unless otherwise exempted.

b.

Certificate of Occupancys. No Certificate of Occupancy may be issued unless a Manufactured Home passes the inspections described herein. After the Manufactured Home reaches its destination site, is properly set up, and is connected to all necessary utilities, a Certificate of Occupancy must be issued before the Manufactured Home is occupied.

Minimum requirements for purposes of obtaining a Manufactured Home location permit: The Building Inspector shall inspect all manufactured homes prior to issuing a location permit. The official shall inspect the manufactured home for the following:

a.

An inspection to evaluate whether the facilities set forth at section 5-33.4 are available, intact, and functioning as required by that section; and

b.

That the Manufactured Home to be relocated otherwise complies with all of the other provisions of this ordinance.

Failure to meet any of the requirements of this section shall result in denial of an application for location of a Manufactured Home.

Minimum requirements for purposes of obtaining a Certificate of Occupancy: The Building Inspector shall inspect all Manufactured Homes prior to residential occupancy. A previously inspected unit shall be required to be re-inspected on being moved to a new location within the County. The Building Inspector shall be granted a final inspection to each home, after set-up, to verify facilities required. Inspections shall include:

a.

Proper setbacks.

b.

Sufficient off-street parking.

c.

Installation of an approved septic tank or an approved sewer system.

d.

Inspection of electrical wiring.

e.

Inspection of anchoring and tie-down installations.

f.

Inspection for proper utilities connections.

g.

Inspection for proper sewage connections.

h.

Adherence to all applicable Coffee County Codes.

i.

Reinspection of the required facilities to ensure that no change in condition or function occurred during transport.

j.

All Manufactured Homes that are located in Coffee County, and change ownership, but are not relocated must be inspected on site prior to issuance of Certificate of Occupancy.

k.

Individuals purchasing Manufactured Homes that require repairs must understand that if the home fails inspection, Coffee County will not issue a Certificate of Occupancy.

Inspection fees: Inspections conducted within the jurisdictional boundaries of Coffee County are subject to a fee established by the Board of Commissioners in the schedule of fees. Should follow up inspections be required, an additional fee must be paid as established in the schedule of fees.

Revocation of Certificate of Occupancy: All Manufactured Homes within Coffee County shall be subject to inspection at any time. After personal inspection of the manufactured housing unit and upon discovering code violations, the Building Inspector shall notify the owner of the unit in writing of the specific code violations, the corrections, repairs, or changes needed, and the number of days allotted for such. If the cited violations are not corrected within 60 days after receiving written notice of the specific code violations from the Building Inspector and if further inspection reveals that the cited violations have not been corrected, the Certificate of Occupancy may be revoked. Notice of revocation of a Certificate of Occupancy shall be given in writing.

5-34.7. Enforcement.

a.

Permanent connection to utilities shall not be approved until the Building Inspector has issued a Certificate of Occupancy.

b.

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

5-34.8. Penalties. Failure to remove a manufactured home from the jurisdiction upon failure to receive a certificate of occupancy shall be punishable by a fine of $500.00. Each day any violation under this LDC continues shall be considered a separate offense.

5-35.1. Authorization and permit required.

a.

Authorization Required. The Coffee County Commission reserves the right to evaluate and make decisions regarding request for the construction of all new manufactured housing parks as to location, compatibility with existing highway systems and traffic patterns, community and safety standards, and neighborhood values. No person(s) shall locate a new manufactured home park or construct, alter, enlarge, or extend an existing manufactured housing park within the unincorporated areas of Coffee County without the express approval and authorization of the Coffee County Commission.

b.

Permits Required. No person(s) shall located a new manufactured home park or construct, alter, enlarge, or extend an existing manufactured housing park within the unincorporated areas of Coffee County until the plan has been reviewed and approved by the Coffee County Commission. Upon approval, the Zoning Administrator may issue a valid permit providing the plans meet all other necessary requirements.

c.

Additional Requirements. Owners of all planned new manufactured housing parks or enlargement to existing parks shall be required to notify the nearest branch of the Georgia Department of Natural Resources regarding possible endangered or threatened species within the area and follow any directions given. A letter from the state agency will be required of the owner to insure that this provision has been carried out.

5-35.2. Application. At least 30 days prior to the meeting at which it is to be considered, the applicant shall submit to the Planning Commission:

a.

An appropriate County application form.

b.

Ten copies of the preliminary plan of the proposed park.

c.

A receipt showing that all County ad valorem taxes on the subject property have been paid in full and that no delinquencies exist.

d.

Any state or federal compliance reviews, along with any special or technical studies as may be deemed necessary by the County.

e.

The applicant shall submit with the application form review fees that will be assessed at the time of filing according a fee schedule determined from time to time by the County Commission and available in the Zoning Administrator's Office.

The plans are deemed submitted when submitted to the Zoning Administrator. Upon action or recommendations made by the Planning Commission, the plan will be forwarded to the Board of Commissioners for final action. The Board of Commissioners will render action within 30 days, provided that new special or technical studies are determined not to be needed to review the application.

5-35.3. Manufactured Home Park Plan Specifications.

3.1. Information Required. A Manufactured Home Park plan layout shall be drawn to a minimum scale of one inch = 100 feet and three sets of the site plan must be submitted 30 working days prior to the next meeting of the Planning Commission and shall show the following information:

a.

Name and address of the applicant.

b.

Name and address of the landholder.

c.

Location (vicinity map) and legal description of the housing park.

d.

Scale of the map, North and South direction arrows.

e.

Areas and dimensions of the tract of land.

f.

Number, location, and size of all manufactured home lots or stands.

g.

Location, width, and areas of roadways, driveways, and walks.

h.

Location of service buildings and any other proposed structures.

i.

Location of parking spaces.

j.

Location and acreage of recreational land.

k.

Gross Density.

l.

Location of any wetlands involved.

5-35.4. Procedure for Plan Approval. Before acting on the manufactured home park site plans, the Planning Commission may request reports from concerned persons and agencies such as highway engineers, public utilities, school boards, and health department officials. The Planning Commission will send a recommendation to the Board of Commissioners.

The Board of Commissioners shall review and either approve or disapprove the plans. Approval or disapproval of the final site plans shall be noted on all seven prints and attested by the signature of the County Commission Chairman. One print shall be returned to the applicant, one retained by the County Commission, and one retained by the Coffee County Building Official.

Upon approval of the final site plan by the County Commission, application may be made to the Building Inspector for a construction permit. One set of construction plans shall be submitted to the Building Inspector and contain the following information:

a.

Approved final site plan with signatures.

b.

Location of all utility lines, water lines, and, if applicable, all sewage disposal lines.

c.

Location and details of the lighting and electrical systems within the proposed park.

The Building Inspector shall issue a permit for construction if:

1.

An inspection of the site demonstrates the actual conditions within the park meet the conditions upon which the site plans were approved.

2.

The actual site meets the requirements of these regulations.

3.

The housing park meets the standards of the local and state health departments.

5-35.5. Inspection. The Building Inspector is authorized to make such inspections as are necessary to determine satisfactory compliance with the conditions on the Board of Commissioners approved plat and these regulations. The Building Inspector shall have the power to enter at reasonable times upon any private or public property subject to this LDC to inspect conditions for enforcement purposes.

The building official may request inspections from the Health Department as to compliance of their regulations and Health Department shall have the same entry and inspection powers as provided the Building Inspectors. The Health Department officials upon finding violations that threaten public health or safety shall notify the Building Inspectors of such violations and the requirements for correction. The Building Inspector may then proceed with enforcement under the provisions of these regulations.

5-35.6. Manufactured Home Park License Fees. All owners and/or operators of manufactured home parks as herein defined shall be required to pay the annual business license tax as prescribed by resolution.

5-35.7. Revocation of Permits. Any permit for a manufactured home park may be revoked then it is found to be in violation of these regulations. The Building Official shall give written notice to the permitted of violations of these regulations. If after 60 days further inspection reveals such violations have not been corrected, the Building Official shall give the permitted written notice of suspension of the permit and the permitted shall then cease operation and/or construction of the manufactured housing park.

5-35.8. Manufactured Home Park Size. A Manufactured Housing Park shall have a minimum size of five acres in an area including buffer strips, streets, non-habitable and habitable areas free from stagnant pools of water and any EPA designated wetlands. A housing park in existence prior to the date of approval this LDC may contain less than five acres in total size.

5-35.9. Density. For computing density, only habitable, non-buffer, and non-wetland areas may be used in computing the density of units within a manufactured home park.

Lot size for all manufactured homes (Class "A" (double wide), Class "B" (single wide), and Class "C" (single wide)) shall consist of a minimum of 16,500 square feet for each home. Maximum allowed density of manufactured homes per acre shall be 2.6 total units per acre provided adequate water and sewer accommodations are available as required by Coffee County Health Dept. and/or Georgia EPD.

5-35.10. Manufactured Home Lots. Minimum lot size for each Class "A" ("double wide), Class "B" (single wide), and Class "C" (single wide) manufactured home unit shall be 16,500 square feet. Each space or lot shall be at least 70 feet wide and clearly defined.

5-35.11. Site Improvement Requirements.

a.

Conditions of soil, ground water level, drainage, topography, and flooding susceptibility shall not create hazards to the health and safety of the public or to surrounding property.

b.

Exposed ground surfaces in all parks shall be protected with either vegetation or a solid surface to prevent soil erosions, dust, and mud.

c.

The ground surface shall be adequately graded and drained.

d.

Manufactured homes shall have an open space separating distance from each other of at least 30 feet.

e.

No part of the permanent manufactured home stand, excluding driveways and/or carports shall be within 30 feet of the lot and/or property line.

5-35.12. Required Recreational Areas. All parks designed for 20 or more home lots shall have and shall maintain one or more recreational areas. The size of the recreational area shall be based upon a minimal of 100 square feet for each planned home. No single outdoor recreation area shall contain less than 2,000 square feet. Such recreation area shall be conveniently located, accessible to all occupants of the park, free of traffic hazards, and maintained in a neat and orderly fashion.

5-35.13. Setback and Buffer Strips.

a.

Along Rear and Side Property Lines. All community exterior boundaries not adjacent to a public street shall be provided with a ten-foot minimum building line.

b.

Along Abutting Community Streets. There shall be a minimum distance of ten feet between the manufactured home and any abutting community streets.

c.

Buffer Zone. Surrounding the park (excepting ingress and egress points) there shall be a planted buffer zone of at least 20 feet upon which buildings, signs, and other structures shall not be permitted and which shall be permanently maintained with trees and shrubbery at a height of no less than six feet in height.

5-35.14. Street System. All manufactured housing park road, street, and infrastructure development requirements shall conform to and be identical to those governing street and road improvements for subdivisions as provided for in chapter 4 of this Code.

This amendment shall apply to the development of any new manufactured housing park and shall affect and be applicable to the expansion of an existing manufactured housing park as provided for in section 5-35.14.1 below.

5-35.14.1. If an existing manufactured housing park is to be expanded, all road, street, and infrastructure development requirements shall conform to and be identical to those governing street and road improvements for subdivisions as provided for at section 5-35.14 above. Likewise, any existing road or street in said manufactured housing park which is used for ingress and egress to access the proposed expansion must also be brought up to the same standards as the expansion and thus must also conform to and comply with the road, street, and infrastructure requirements as provided for at section 5-35.14 above.

5-35.15. Lighting. Each manufactured housing park shall have street lighting throughout the park.

5-35.16. Identification. Individual Unit Identification: Each lot, space, or stand shall be clearly numbered and identified externally in such a way that the number can be easily identified from the nearest street or driveway. Numbers shall be a minimum of four inches in height. Numbers shall be placed near the front door of the unit or on a permanent marker in the front lawn.

Identification of the Manufacturing Housing Park. Each park shall have a large, clearly visible, permanent sign of a minimum size of four by eight feet at either the park entrance or at the front of the park facing the main highway which clearly states the following:

a.

Name of the Park.

b.

E-911 address of the Park.

c.

Number of lots within the Park.

d.

Telephone number to be called regarding the Park.

5-35.17. Water supply. All public or community water utilities, including sewage shall be subject to local approval by the Board of Commissioners upon submission of appropriate plans and drawings. All such plans and drawings for water or sewer utilities shall be submitted with appropriate certification by a professional engineer along with documentation of preliminary or final approval from the State of Georgia Department of Natural Resources Environmental Protection Division, as required. If no approval from the Environmental Protection Division is required, then the applicant shall submit "as-built" drawings identifying the proposed placement of any utilities within or upon public rights-of-way, easements or properties.

5-35.18. Sewage disposal. An adequate and sewage system shall be provided and maintained in the manufactured housing park with a sewer connection to each housing unit. The Health Department shall approve all sewage system and/or septic tank types and installation. The park owner shall properly maintain sewer distribution lines and/or septic tanks in good working order.

5-35.19. Electrical distribution.

a.

General. Each park shall contain an electrical wiring system in accordance with the Electrical Code of the State of Georgia and Coffee County.

b.

Specific. Each housing unit shall have a fully functioning, inspected, and approved electrical system before being occupied. The housing unit shall have electrical utilities installed by a licensed electrician in accordance with the electric utility company's requirements, the Coffee County Code requirements, and the manufacturer's specifications. Prior to being hooked up to electricity, it shall be the obligation, duty, and legal responsibility by the owner, occupant, and the utility company to ensure there is a valid current County permit for the unit.

5-35.20. Refuse handling.

a.

General. Refuse (solid waste, garbage) shall be handled in the manner prescribed in the most recent Coffee County Solid Waste Regulations in that each housing unit within the housing park shall be provided with a garbage can.

b.

Specific. Each housing unit within the housing park shall be provided with a garbage can as provided by the Coffee County Solid Waste Ordinance. It shall be the obligation and duty of each manufactured housing park owner to promptly notify the solid waste authority and/or the Coffee County Commission of the arrivals of all new occupants to the housing park and all vacating (permanent departures) occupants from the housing park. Failure to do so, or failure to do so in a timely manner, shall be assumed to be deliberate noncompliance on the part of the park owner.

5-35.21. Front entrance.

a.

Individual Unit. All home units shall have a front entrance that is clearly marked. Each unit shall have a clearly visible address number or lot number that can be readily seen from the driveway or street.

b.

Park Entrance. The front (primary) entrance to the housing park shall be clearly marked and shall have a large, clearly visible, permanent sign at the park entrance or at the front of the park as stated above.

5-35.22. Landscaping.

a.

General. Spaces between individual housing units and spaces between housing units and internal roads or driveways shall consist of planted or seeded grass or other planted vegetation. Such spaces shall be landscaped in such a way to be visually pleasing and provide safety for the occupants. A minimum of one tree shall be provided at each manufactured home stand.

b.

Each Manufactured Housing Lot. Each housing unit shall be landscaped with a border of bushes, shrubs and/or plants beginning not more than three feet from the foundation of the housing unit. Each housing unit shall be completely enclosed and under skirted with painted metal lath, vinyl material, or other suitable material.

c.

Abandoned Objects. Abandoned, inoperable, or unlicensed automobiles, appliances, etc. shall not be allowed.

5-35.23. Additional Requirements. It shall be the responsibility and obligation of the park owner to ensure that:

a.

All dogs within the park shall be securely contained in a pen.

b.

Discharging firearms shall not be permitted inside the park.

c.

All noise is kept within a normal, non-nuisance level.

d.

All complaints from surrounding residences or from park occupants are addressed and/or corrected in a timely manner.

5-35.24. Vacant Units. Vacant manufactured housing units and units in storage that are not used for occupancy shall be required to meet the same zoning and setback requirements as manufactured housing units used for occupancy.

5-35.25. Breezeways, Corridors or Hallways. No manufactured home may be attached to another manufactured home by abutting one manufactured home to another or by means of a breezeway, corridor or hallway.

a.

Mobile vendors, including mobile food vendors, (a mobile food dispensing vehicle that sells prepared food products) and mobile units that sell agricultural produce may be permitted, subject to the approval of a Mobile Vendor Permit by the Zoning Administrator and the presentation of written permission from the property owner on whose property the mobile vendor is to be located. All mobile vending businesses shall be subject to the following criteria:

1.

A mobile vending business shall be treated and permitted as a home occupation and subject to the regulations of a home occupation.

2.

All business activities associated with the operation of the mobile vending business are to be conducted away from the home.

b.

A minimum of three parking spaces shall be required for the use of the mobile vendor.

c.

No mobile vendor shall operate in the following areas:

1.

Within ten feet from the right-of-way of any public street or roadway.

2.

Within a required landscape buffer or improvement setback.

3.

Within ten feet of any street intersection or cross walk.

4.

Within ten feet of any driveway or other curb cut access, loading zone or bus stop.

5.

In any area within 15 feet of a building entrance.

6.

On the median strip of a divided roadway.

7.

In front of display windows of a fixed location business.

8.

Within ten feet of a fire hydrant or fire escape.

9.

Within ten feet of any parking space or access ramp designated for persons with disabilities.

d.

No vending cart or stand, or any other item related to the operation of a mobile vendor use shall be located on any County sidewalk or other public way during non-vending hours. Nor shall any vehicle be parked, stored or left overnight other than in a lawful parking space.

e.

Vendors shall keep the sidewalks, roadways and other spaces adjacent to their vending sites or locations clean and free of paper, peelings, and refuse of any kind generated from their business. All trash or debris accumulating within 25 feet of any vending stand shall be collected by the vendor and deposited in a trash container provided by the vendor. The trash container shall be emptied regularly and marked as being for litter.

f.

Mobile Vendors may not do any of the following:

1.

Obstruct pedestrian or motor vehicle traffic flow.

2.

Obstruct traffic signals or regulatory signs.

3.

Obstruct adequate access to emergency and sanitation vehicles.

4.

Interfere with access to abutting properties.

5.

Sound any device that produces a loud noise or operate any loudspeaker, public address system, radio, sound amplifier, or similar device to attract public attention.

a.

In all commercial zoning districts, and except as noted below, all business activities shall be in a completely enclosed structure.

b.

Exceptions to the regulation shall be for the display of motor vehicles, marine craft, aircraft, recreational vehicles, manufactured homes, farm and construction equipment and vehicles, farm and garden supplies, stone products, and any other product designed for outdoor use.

c.

An outdoor storage area may not be located in any required off-street parking area, required off-street loading area, required landscape area, designated environmental protection area, or any adjacent public right-of-way.

d.

An outdoor storage area may be located adjacent to a structure but shall not be located in the front yard setback area.

e.

An outdoor storage area shall be kept neat and orderly and shall not be permitted to take on the characteristics of a junk yard.

f.

An outdoor storage area shall be visually screened from adjacent uses by a privacy fence, or a masonry wall or a chain-link fence with green or black slats. In the discretion of the Zoning Administrator, an opaque landscape buffer may be used instead of a wall or fence provided the area is visually screened from adjacent property as effectively as though a fence or wall were used.

g.

The screening used shall not be less than six feet in height. Access through the fence or wall shall be limited through opaque gates that shall be closed when not in use.

h.

Outdoor eating areas are permitted as an accessory to any permitted eating establishment in any commercial district, subject to the following standards:

1.

The outdoor eating area does not occupy an area greater than 50 percent of the building area of the business to which the eating area is accessory;

2.

The outdoor eating area is not located in any required parking area, service area, landscape area, and drainage area;

3.

If the outdoor eating area is located along, or astride a sidewalk or other pedestrian accessway, a minimum of five foot unobstructed passage shall be maintained through h the outdoor eating area;

4.

All outdoor eating areas shall be designed and located in such a manner as to prevent them from becoming a nuisance to any adjacent property or use. All outdoor eating areas shall be located so that there is no adverse noise, lighting, trash or other negative impacts onto any adjacent property or use;

5.

All outdoor eating areas shall be treated for parking computations as if they were fully enclosed.

a.

All Racetracks, Tractor Pulls, Motorcycle Dirt Tracks and ATV Tracks must meet all applicable State Fire Marshal Licensing Requirements.

b.

The property shall contain a minimum of ten acres and be located on an Arterial or Connector Street.

c.

Parking must be provided as required in chapter 4 of this Code.

d.

Adequate restroom facilities located within a structure or building on the grounds must be provided.

a.

No new Recreational Vehicle Park and Campground may be located in any zoning district other than Agriculture (AG) and Commercial (C).

b.

A Recreational Vehicle Park shall be permitted only on tracts of land consisting of a minimum of eight acres and having a minimum frontage of at least 120 feet on a paved public road.

c.

The maximum number of recreational vehicle lots shall not exceed 14 lots per gross acre.

d.

The minimum dimensions for any lot in any Recreational Vehicle Park developed after July 20, 2015, or any additions to any existing Recreational Vehicle Park made after July 20, 2015 shall be 40 feet wide by 70 feet long.

e.

The minimum building setbacks for any lot in any Recreational Vehicle Park developed after July 20, 2015 any additions to any existing Recreational Vehicle Park made after July 20, 2015 shall be as follows:

f.

The coverage by accessory buildings in the Recreational Vehicle Park shall be no greater than one percent of the total acreage of the park.

g.

Each lot shall provide a stabilized vehicular parking pad, measuring no less than 10 × 20 feet; the pad shall be composed of shell, marl, paving or stone screenings. Exposed ground surfaces in every space not protected by the vehicular parking pad shall be protected with vegetative growth such as ground cover or shrubbery that is capable of preventing soil erosion and the creation of dust.

h.

At least 20 percent of the gross site area shall be set aside and developed as open space, recreation space and buffering between recreational vehicle spaces. Such areas may provide recreation opportunities such as swimming pools, tennis courts, picnic areas, playgrounds, playing fields. Open space shall not include streets, parking lots, lease or rental lots, buildings, right-of-way or sites for water and sewer treatment. Up to 50 percent of the required open space may be used for stormwater retention areas.

i.

There shall be a landscape buffer around all Recreational Vehicle Parks of at least 25 feet in width. Landscaping in this area shall conform to the requirements of this Code.

j.

All parks shall be provided with safe, convenient, paved vehicular access from a paved road to each lot.

k.

All streets internal to the park shall have a minimum right-of-way of 60 feet, and shall be paved to County specifications.

l.

Park entrance paving shall be at least 36 feet wide.

m.

No entrance or exit from a park shall be permitted through a residential district.

n.

In addition to those generally permitted accessory uses, a Recreational Vehicle Park may also provide for the following:

1.

One permanent residence, intended for occupation by the manager of the park; and

2.

In parks with 100 or more lots, a retail and personal service establishment, intended exclusively for the use of the occupants of the on-site recreational vehicles and travel trailers.

o.

All Recreational Vehicle Parks shall undergo Site Plan Review.

p.

All Recreational Vehicle Parks shall be required to be served by centralized water and sewer services.

When located in a residential district, the following standards shall be met:

a.

The property shall contain at least two acres and be located on an arterial or connector street.

b.

A 50 feet vegetative landscape buffer to adjacent residential zoning or residential uses is required.

c.

Driveways and parking areas must be set back a minimum of 25 feet from side property lines.

d.

The scale, intensity and operation of the use shall not generate unreasonable noise, traffic, congestion or other potential nuisances or hazards to contiguous residential properties.

e.

Any buildings or structures shall be harmonious with the surrounding character of the residential neighborhood.

f.

Permitted related uses in addition to customary accessory uses include a chapel, library, administrative offices including storage areas, educational facilities, day care facilities, fellowship hall, related kitchen and dining area, ornamental garden, and outdoor recreational facilities occupying less than 10,000 square feet.

g.

Outdoor activities shall be limited to the hours from 10:00 a.m. to 10:00 p.m.

h.

Retail and commercial sales uses shall be prohibited as accessory uses to a religious facility that is located in a residential zoning district.

i.

Schools, K—12, in addition shall meet the standards as listed in this section under Schools, K—12, Private.

a.

The keeping of horses and use of stables shall be limited to property within a subdivision or on lots having a minimum lot area of five acres.

b.

The entire parcel shall be fenced.

c.

The maximum number of adult horses shall be two per acre.

d.

Any structure or building to house the horses must be located a minimum of 200 feet from the property line.

a.

Animals and Livestock:

(1)

No commercial kennel, poultry operation, poultry house, feed lot, or similar structure of business shall be permitted in RLAS.

(2)

Animals and livestock kept or raised for the personal enjoyment of the landowner shall be permitted. However, where animals and livestock are kept, their environment and surroundings must be maintained in a manner that reasonably ensures the health and safety of the same.

(3)

Any accessory structure or building constructed to provide lodging for animals, livestock, feed, or any associated purpose must be constructed 200 feet from any property line.

b.

Other Businesses: No commercial manufacturing, assembling, disassembling, storage, processing, or other similar commercial enterprise shall be permitted.

a.

The yard must be a minimum of five acres with a maximum slope of five percent.

b.

The yard shall be located no closer than 300 feet to a residential zoning district or closer than 100 feet to a commercial district boundary line.

c.

The property on which the collection activity is taking place shall be surrounded by a fence, wall or vegetative screening at least six feet in height. Such fence or wall shall be of similar composition, construction, and color throughout and shall be constructed without openings except for one entrance and one exit. The entrance and exit shall be equipped with unpierced gates which shall be closed and securely locked outside of business hours. In no case shall the fence be less than a height necessary to screen effectively all storage and other operations from view.

d.

The yard is to be located no closer than 300 feet from the right-of-way of any arterial roadway.

e.

Junked or wrecked vehicles shall not be stacked higher than any screening required by subsection c above. Under no circumstances shall vehicles be stacked higher than 14 feet.

f.

All sides of each individual stockpile areas shall be accessible by fire lanes. Fire lanes shall be a minimum of one and one-half times the height of the pile, but in no case shall the fire lane be less than 20 feet wide.

g.

The total site that may be covered with debris storage areas shall not exceed 60 percent of the site.

i.

The base area on which the stockpiles are located, and the access aisles between the stock piles, must be constructed of either a concrete surface, asphalt surface, or other clean all weather stabilized surface that is acceptable to the County.

j.

Every recycling, scrap, waste and salvage/junkyard operation authorized under this section, shall establish a cash security fund, bond or provide the County with an irrevocable letter of credit based on the schedule below, to secure the cost of removing of all accumulated debris and materials from the site if it has been determined by the County Commission, following a duly noticed public hearing, that the recycling, scrap, waste or salvage/junkyard operation has been abandoned or operations have ceased for a period in excess of six months or the permit has been revoked for any reason. The provisions of this paragraph shall not apply to any recycling, scrap, waste or salvage/junkyard operation operated by any unit of local government within the County.

a.

This use shall be located with direct access to an arterial or connector street.

b.

The minimum lot size shall be as follows:

1.

Elementary School: Two acres, plus one acre for each 100 student capacity;

2.

Middle School: Three acres, plus one acre for each 100 student capacity;

3.

High School: Five acres, plus one acre for each 100 student capacity.

c.

A 50 foot landscape buffer is required adjacent to residential zoning districts or residential uses.

d.

Driveways and parking areas must be set back 25 feet from side property lines.

e.

The scale, intensity and operation of the use shall not generate unreasonable noise, light, traffic, congestion or other potential nuisances or hazards to contiguous residential properties.

f.

Any buildings or structures shall be harmonious with the surrounding character of the residential neighborhood.

g.

Permitted accessory uses in addition to customary accessory uses include a chapel, library, administrative offices, educational facilities, fellowship hall, related kitchen and dining area, ornamental garden, and outdoor recreational facilities occupying less than 10,000 square feet.

h.

No signage shall be permitted for accessory uses or facilities.

[i.

Reserved.]

j.

Recreational facilities with associated outdoor lights shall be located at least 300 feet from property lines with adjacent residential properties and uses.

k.

Retail and commercial sales uses shall be prohibited as accessory uses to a private school that is located in a residential zoning district.

a.

The collection operations shall be limited to the acceptance of glass, plastic, paper, cardboard, metal cans, non-ferrous materials and yard waste.

b.

The property on which the collection activity is to take place, shall be at least one acre and not more than ten acres in total area.

c.

The property on which the collection activity is taking place shall be surrounded by a fence, wall or vegetative screening eight feet in height. Such fence or wall shall be of similar composition, construction, and color throughout and shall be constructed without openings except or one entrance and one exit. The entrance and exit shall be equipped with unpierced gates which shall be closed and securely locked outside of business hours.

d.

The reprocessing of the collected material into any other product, by-product or other use or form is not allowed, unless the reprocessing is allowed in conjunction with manufacturing of a new product or material as would otherwise be permitted in WLI (Warehouse Light Industrial) or H-I (Heavy Industrial) zoning districts.

e.

No junked vehicle or any other junk or scrap shall be located for storage, dismantling or any other purpose.

f.

All sides of each individual stockpile areas shall be accessible by fire lanes. Fire lanes shall be a minimum of one and one-half times the height of the pile, but in no case shall the fire lane be less than 20 feet wide.

g.

The total site that may be covered with debris storage areas shall not exceed 60 percent of the site.

h.

The base area on which the stockpiles are located, and the access aisles between the stock piles, must be constructed of either a concrete surface, asphalt surface, or other clean all weather stabilized surface that is acceptable to the County.

i.

Every recycling, scrap, waste and salvage/junkyard operation authorized under this section, shall establish a cash security fund, bond or provide the County with an irrevocable letter of credit based on the schedule below, to secure the cost of removing of all accumulated debris and materials from the site if it has been determined by the County Commission, following a duly noticed public hearing, that the recycling, scrap, waste or salvage/junkyard operation has been abandoned or operations have ceased for a period in excess of six months or the permit has been revoked for any reason. The provisions of this paragraph shall not apply to and recycling, scrap, waste or salvage/junkyard operation operated by any unit of local government within the County.

a.

Shooting Clubs, private or public, are allowed in the AG, Zoning District.

b.

The discharge of firearms shall be conducted only within the range and or bays specifically designated for such use on an approved site plan.

c.

Firing positions shall be separated a minimum of 500 feet from the boundary of the subject property with any adjacent parcel in separate ownership.

d.

An impenetrable backstop, a minimum of 20 feet in height, shall be constructed down range of any authorized range or bay, and side berms a minimum of eight feet in height shall be provided along the sidelines.

e.

The applicant shall demonstrate compliance with all applicable state and local regulations and how safety and noise factors have been addressed through the site plan and other special features of the proposed development.

a.

All repair and maintenance shall be carried on entirely within an enclosed building.

b.

An outdoor storage area may be located adjacent to a structure but shall not be located in the front yard setback area.

c.

An outdoor storage area shall be kept neat and orderly and shall not be permitted to take on the characteristics of a junk yard.

d.

An outdoor storage area shall be visually screened from adjacent uses by a fence, or a masonry wall or a chain-link fence with green or black slats. In the discretion of the Zoning Administrator, an opaque landscape buffer may be used instead of a wall or fence provided the area is visually screened from adjacent property as effectively as though a fence or wall were used.

e.

The screening used shall not be less than six feet in height. Access through the fence or wall shall be limited through opaque gates that shall be closed when not in use.

a.

Temporary Uses are permitted in any zoning district subject to the following standards, provided that all temporary uses shall meet the dimensional and parking requirements for the zoning district in which the use is located.

b.

Permitted Temporary Uses.

1.

Construction offices, which may also be used for security purposes, and equipment sheds in which erection, addition, relocation or structural relocation is taking place provided that such use shall be limited to the period of actual construction.

2.

Manufactured Homes may be used as construction offices in any district in which erection, addition, relocation, or structural relocation is taking place provided that such use shall be limited for the period of actual construction, tie down permits shall be obtained; all such manufactured homes shall comply with applicable regulations; and the manufactured home in which the security employee lives shall not remain after the period of actual construction.

3.

Religious Facilities in existing structures in C (Commercial) zoning districts. Such use shall be limited to the worship activities of the named applicant for the temporary use permit including educational programs conducted in conjunction with the worship service, but shall not include child care programs conducted independently from the worship service or the establishment of schools.

4.

Temporary On-Site Real Estate Offices. Included as part of site plan approval, specific authorizations may be granted permitting the installation or construction of a temporary on—site sales office prior to the issuance of any building permits for the primary portions of a development project. All on-site sales offices shall be constructed in accordance with applicable County regulations shall be required to obtain all necessary permit approvals, including but not limited to Stormwater management permits, driveway permits and all required building and public health permits. All temporary on-site sales offices shall be removed from the development site upon the completion of the last phase or unit of the approved development.

5.

Special vehicle and boat sales events on sites not approved for the permanent display vehicle and boat sales may be approved by the Zoning Administrator provided that these events shall be conducted on property having a C (Commercial) or WLI or HI (Light Industrial or Heavy Industrial) designation or on property approved and designated by the County as special events sites. Such events shall be conducted on property with existing, permanent and permitted driveways and access points. The event shall have a duration of four or fewer consecutive days and shall be conducted by one or more dealers having a valid local business license. Sanitary facilities shall be provided in accordance with applicable Health Department regulations. Used Motor Vehicle Dealers must have a Temporary site permit issued by the Georgia State Board of Used Motor Vehicle Dealers before the County issues a local occupational license.

6.

Temporary RV Hunting Camps.

a.

A "hunting camp unit" is defined as any temporary domicile, excluding mobile or manufactured housing. Examples include, but are not limited to: RV's, travel trailers, sheds, tents, shacks, buses and vans. Occupancy is limited to 120 continuous days

b.

Sanitary facilities shall conform to County and state health regulations. Each hunting camp shall have one "porta-toilet" per every five hunting camp units (RV, travel trailer, tent, or shack).

c.

All units must be self-contained or generator powered.

d.

All structures and activity areas shall be located at least 300 feet from all property lines.

e.

Activities shall not result in the destruction, loss or damage of a natural, scenic, or historic feature.

f.

Outside storage and game processing areas shall be appropriately screened from view on all sides.

g.

All parking and camping structures shall be screened by forest or landscape at a minimum distance of 300 feet from property boundary lines or public roads and rights-of-way. If this cannot be accomplished by natural means year round, then this will be accomplished by a six-foot privacy fence constructed from pressure treated material and located a distance of not less than 300 feet from property line and/or public roads and rights-of-way.

[h.

Reserved.]

[i.

Reserved.]

j.

For the purpose of zeroing, sighting, and target practice, appropriate earth berms and mounds shall be constructed so as to prohibit projectiles from leaving the firing range. No zeroing, sighting, or target practice shall occur after sunset.

k.

Hunting camps must have 911 designation numbers at road entrance. Numbers must be visible from the road.

l.

All camps must be accessible for zoning, code enforcement and tax assessing purposes.

(a)

Purpose. To provide definitions relating to Solar Energy Systems and standards to guide the development of Solar Energy Systems in order to protect the public health, safety and welfare and avoid significant impacts on resources and adjacent uses.

It is the intent of Coffee County to:

(1)

Provide for the use of existing buildings for the placement of Solar Energy Systems;

(2)

Provide for the location of solar energy production facilities, to the extent possible, in areas where any potential adverse impacts on the community will be minimized;

(3)

Provide for the utilization of established public infrastructure for the development of Solar Energy Systems and solar energy production facilities.

(b)

Definitions.

(1)

"Administrative Approval" shall mean final approval by the County's zoning and code enforcement director or any other County designee for such purpose is authorized to grant after administrative review.

(2)

"Administrative Review" shall mean evaluation of an application by the County's zoning and code enforcement director or any other County designee for such purpose. This process is not subject to a public hearing or approval by the Board of Commissioners.

(3)

"Application" shall mean a development plan that satisfies the requirements of this ordinance and a decommission plan. It shall not include financial assurances. For Applications for Category 4 Solar Farms, in addition to any other fees or costs associated with the Application, the applicant shall be required to pay $5,000.00 to defray any cost associated with an engineering review of the applicant's plans and any other associated professional cost.

(4)

"Building-Integrated Solar Energy System" shall mean a Solar Energy System that is built into, rather than installed onto, a structure.

(5)

"Building-Mounted Solar Energy System" shall mean a Solar Energy System that is added onto an existing structure, with Solar Panels typically located on the roof. Roof-Mounted Solar Energy Systems fall within this category.

(6)

"Category 2 Ground-Mounted Solar Energy System" shall mean a Solar Energy System that is installed on the ground and is not attached or affixed to any structure, where the footprint of the system is less than ¼ acres.

(7)

"Category 3 Ground-Mounted Solar Energy System" shall mean a Solar Energy System that is installed on the ground and is not attached or affixed to any structure, where the footprint of the system is greater than or equal to ¼ acres but less than or equal to 7 acres.

(8)

"Contractor" shall mean the contractor or any sub-contractor to perform any construction services for a Solar Energy System.

(9)

"International Building Code" (IBC) shall mean the model building code developed by the International Code Council, as amended. It has been adopted for use as a base code standard by most jurisdictions in the United States.

(10)

"International Residential Code" (IRC) shall mean part of the International Building Code (IBC), as amended. The IRC sets buildings standards for residential structures.

(11)

"Landowner" shall mean the owner of the property that contains a Solar Energy System.

(12)

"Mechanical Equipment" shall mean all items that are directly related to construction and operation of a Solar Energy System or facility including, but not limited to, onsite transmission lines, pumps, batteries, inverters, mounting brackets, framing, foundations or other structures, etc.

(13)

"National Electric Code" (NEC) shall mean a regionally adoptable standard for the safe installation of electrical wiring and equipment. It is developed by the National Fire Protection Association and is typically adopted by states and municipalities, sometimes with amendments, in an effort to standardize their enforcement of safe electrical practices.

(14)

"Owner" shall mean the developer of the Solar Energy System and/or the landowner of the associated property. If the landowner of the property and the developer of the Solar Energy Facility is the same individual, said individual is referred to as Owner. If the landowner of the property is different from the developer of the Solar Energy Facility, Owner shall refer to the developer.

(15)

"Power Grid" shall mean a interconnected network for delivering electricity from producers to consumers. In a power grid, generating stations produce electric power, which is then sent through a substation in order to adjust the voltage. The power is then sent from the substation to high-voltage transmission lines. From there, distribution lines provide power to individual consumers. In some cases, customers can receive a payment or credit for surplus electricity that is generated by their Solar Energy System and fed into the grid.

(16)

"Setback" shall mean the area between the boundary of a land parcel and the part of the land parcel in which any aspect of the solar project may be constructed, as specified in the applicable local government regulations.

(17)

"Solar Energy" shall mean radiant energy (i.e., light) received from the sun that can be collected by Solar Panels and converted into electricity in a Solar Energy System or solar energy production facility.

(18)

"Solar Energy Production Factory" also known as "Catergory 4 Solar Farm" shall mean a ground-mounted Solar Energy System, where the footprint of the system is greater than seven acres. These are generally utility-scale facilities for the collection and distribution of solar energy. These facilities will generally be engineered to produce in excess of one megawatt. These facilities are typically connected to the local utility power grid in order to supply electricity to the grid and power multiple properties.

(19)

"Solar Energy System" shall mean a system for converting solar energy into electricity, typically for on-site consumption.

(20)

"Solar Panel" shall mean a device for the direct conversion of sunlight into electric power.

(c)

Applicability.

(1)

This section shall apply to all Solar Energy Systems installed, constructed, or modified or expanded in such a way that the footprint or height of the system is increased, after the effective date of this ordinance.

(2)

Every component of a Solar Energy System and all Mechanical Equipment shall be screened (in accordance with the requirements in subsection (h)(2)) from any public road, school, church, or residential use. When no component of a Solar Energy System or no Mechanical Equipment can be seen from a public road, school, church, or residential use at the time of construction, the fencing and buffer requirements do not apply to that area. However, where developmental conditions outside of the property containing a Solar Energy System are changed anytime during the life of the Solar Energy System so that the Solar Energy System becomes visible from a public road, school, church, or residential use, the fencing and buffer requirements apply.

For example, if property adjacent to a Category 4 Solar Farm is undeveloped so that the Category 4 Solar Farm is not visible from a public road, school, church, or residential use, then the fencing and buffer requirements of this ordinance do not apply. However, if the adjacent undeveloped property is developed into a residential neighborhood during the life of the Category 4 Solar Farm so that it is visible from the residential properties, fencing and a buffer shall be installed.

(3)

Solar Energy Systems constructed prior to the effective date of this ordinance shall not be required to meet the requirements of this ordinance.

(4)

All Solar Energy Systems shall be designed, erected, and installed in accordance with all applicable local, state, utility, and national codes, regulations, and standards.

(d)

General Requirements.

(1)

Solar Energy Systems may not be connected to any electric utility grid without the approvable of the applicable electric utility. Off-grid Solar Energy Systems shall be exempt from this requirement.

(2)

If solar storage batteries are included as part of the Solar Energy System, they must be installed according to all requirements set forth in the National Electric Code and State Fire Code when in operation. When no longer in operation, the batteries shall be disposed of in accordance with all local, state, and federal laws and regulations.

(3)

Prior to operation, electrical connections must be inspected by an appropriate electrical inspection person or agency, as determined by the local government.

(4)

Unless otherwise specified through a contract or agreement, Owner will be the responsible party for owning and maintaining the Solar Energy System. Decommissioning will be the responsibility of Owner unless otherwise specified.

(5)

Prior to construction of any Solar Energy System except for Building-Integrated or Building-Mounted, Owner shall be required to submit a decommissioning plan and purchase a decommissioning bond to cover the cost of decommissioning said system, as required by paragraphs (i) and (k) below.

(6)

The design of a Solar Energy System shall conform to applicable local, state, and national solar codes and standards, and to all local government regulations. All design and installation work shall comply with all applicable provisions in the National Electric Code (NEC), the International Residential Code (IRC), International Commercial Building Code, State Fire Code, and any additional requirements set forth by the local utility (for grid-connected solar energy production facilities) or by state or local government.

(7)

Prior to construction of Solar Energy System, Owner shall provide proof of Financial Assurances required in subsection (k) and secure a building permit from the County's zoning and code enforcement director or any other County designee for such purpose, subject to the Administrative Review and Administrative Approval of the Application.

(8)

All onsite power lines and interconnections shall be placed underground, to the greatest extent possible.

(9)

A Solar Energy System connected to the utility grid shall provide evidence from the applicable electrical utility acknowledging the solar energy production facility will be interconnected to the utility grid in order to sell electricity to the utility.

(10)

Solar Energy Systems shall be compliant with the laws and regulations of Georgia's Environmental Protection Division , including any floodway or unmitigated wetlands requirements. Additionally, all solar energy production facilities shall comply with the Chapter 34 (Floods) of the Code of Ordinances of Coffee County, Georgia and Coffee County's Land Development Code.

(11)

The height of ground-mounted collectors and mounts shall not exceed fifteen (15) feet in height. Other components of Solar Energy Systems are exempt from height requirements.

(12)

All Solar Energy Systems shall comply with the laws, rules, and/or regulations of the Federal Aviation Administration. Any review from the Federal Aviation Administration shall indicate that the proposed facility shall not interfere with the normal operation of aircrafts in the area.

(13)

The area of every component of a Solar Energy System in the aggregate shall not exceed the ground floor area of the principal building for residential uses or commercial uses. Areas zoned for agriculture or manufacturing are exempt from this requirement, but must meet the other requirements of this ordinance. Solar canopies covering permanent parking are exempt from this section but must meet any applicable Setback requirements.

(14)

The noise emanating from a Category 2 Ground-Mounted Solar Energy System or a Category 3 Ground-Mounted Solar Energy System shall not exceed thirty (30) decibels (dBA) as measured from any property line. The noise emanating from a Category 4 Solar Farm shall not exceed forty (40) decibels (dBA) measured from any property line.

(15)

The exterior lighting of a Solar Energy System shall be limited to the minimum necessary, supplied with downward facing lighting, not directed toward a public road, church, school, or residential use. The light from any illuminated source shall be designed so that the light intensity or brightness at a distance of twenty (20) feet from the property line shall not exceed one (1) foot candle.

(e)

Building-Integrated Solar Energy Systems and Building-Mounted Solar Energy Systems.

(1)

Building-Integrated Solar Energy Systems and Building-Mounted Solar Energy Systems shall comply with the National Electric Code and Owners of these systems shall obtain a building permit prior to commencing construction or installation of the system.

(2)

Building-Integrated Solar Energy Systems and Building-Mounted Solar Energy Systems are not subject to the other requirements of the other types of Solar Energy Systems under this ordinance, including the decommissioning plan requirement and the engineering plan requirement.

(f)

Category 2 Ground-Mounted Solar Energy Systems.

(1)

Category 2 Ground-Mounted Solar Energy Systems shall have an 8-foot tall privacy fence completely obscuring the vision of every component of the Solar Energy System.

(2)

Category 2 Ground-Mounted Solar Energy Systems shall comply with the National Electric Code and the Owners of these systems shall obtain a building permit prior to construction or installation of the system.

(3)

Owners of Category 2 Ground-Mounted Solar Energy Systems are subject to the decommissioning plan requirements referenced in paragraphs (i) and (j) below.

(4)

Category 2 Ground-Mounted Solar Energy Systems are not subject to the other requirements of Category 3 Ground-Mounted Solar Energy Systems or Category 4 Solar Farms under this ordinance.

(g)

Category 3 Ground-Mounted Solar Energy Systems.

(1)

Category 3 Ground-Mounted Solar Energy Systems shall have a minimum Setback of 20 (feet) from all external boundaries of the parcel.

(2)

Category 3 Ground-Mounted Solar Energy Systems shall have an 8-foot tall privacy fence completely obscuring the vision of every component of the Solar Energy System.

(3)

Category 3 Ground-Mounted Solar Energy Systems shall comply with the National Electric Code and the Owners of these systems shall obtain a building permit prior to construction or installation of the system.

(4)

Owners of Category 3 Ground-Mounted Solar Energy Systems are subject to the decommissioning plan and financial assurance requirements referenced in paragraphs (i), (j) and (k) below.

(5)

Category 3 Ground-Mounted Solar Energy Systems are not subject to the other requirements of Category 4 Solar Farms under this ordinance.

(h)

Solar Energy Production Facilities, also known as Category 4 Solar Farms.

(1)

Setback Requirements.

(A)

Properties containing a Category 4 Solar Farm shall have a minimum Setback of seventy-five (75) feet from all property lines and/or public roadways.

(B)

The minimum Setback requirements above shall apply to any equipment related to the Category 4 Solar Farm, including, but not limited to, Solar Panels, upright structures, pumps, batteries, inverters, mounting brackets, framing, foundations, and other structures. However, the minimum Setbacks do not apply to any transmission lines necessary to transport the generated electricity off the property, the fencing required in paragraph (h)(3) below, and the buffering required in paragraph (h)(2) below.

(2)

Buffer Requirements.

(A)

Properties containing a Category 4 Solar Farm shall be buffered as follows:

(i)

Existing on-site mature vegetation at least ten (10) feet high and sufficiently opaque to obscure and mask the Category 4 Solar Farm; or

(ii)

Additional mature evergreens and vegetation installed at a height of at least six (6) feet sufficiently opaque to obscure and mask the Category 4 Solar Farm; and

(iii)

Other ornamental shrubs or plants which enhance the aesthetic nature of the buffer.

(B)

Regardless of the minimum requirements outlined herein, the height and opaqueness of the buffer shall be designed to obscure and mask the Category 4 Solar Farm, taking into consideration the height variations of Solar Panels relative to the ground.

(C)

The vegetative buffer shall be installed prior to the commencement of the construction of the Category 4 Solar Farm, except that it may be installed following the initial grading of the property, any stormwater runoff installation, and/or fence installation.

(D)

The vegetative buffer must be located between the property line and the fencing required in paragraph (h)(3) below.

(E)

Any vegetative buffer must be maintained, including keeping vegetation healthy, neat and orderly in appearance, and free of litter and debris.

(F)

As part of the Application, Owner shall submit a landscape architectural design which includes vegetation suitable for the climate and soil conditions and which otherwise accomplishes to objectives of this paragraph (h)(4) below.

(3)

Fencing. Properties containing a Category 4 Solar Farm may be enclosed by a solid, chain-link or wildlife permeable fence to provide for the protection of property and the safety of individuals purposefully or accidentally encroaching upon the property, located fifty (50) feet from the property line and otherwise in compliance with this ordinance.

(4)

Soil Stability, Erosion, and Stormwater Runoff. Before issuing a Building Permits final approval by the County, Owner must submit an engineering plan for overall project development and construction which ensures that the project shall not produce, create, or exacerbate soil/sediment erosion or instability on the subject property or any adjacent property; both during the construction phase of the property and throughout the life of the Category 4 Solar Farm. The engineering plan shall utilize best management practices as identified by the Georgia Department of Environmental Protection. At all times, all applicable local, state and federal laws associated with soil erosion prevention, stormwater runoff; and wetland stream and river protections shall be strictly adhered to.

(i)

Decommissioning Requirements.

(1)

Before construction of a Solar Energy System, Owner shall provide a decommission plan as outlined in paragraph (j)(3) below.

(2)

Unless otherwise amended and approved by the County, the plan required in paragraph (i)(l) above shall be adhered to.

(3)

Upon intentional cessation of solar operation (for over twelve months), Owner is required to notify the County promptly, but in no case later than three (3) business days after the cessation.

(4)

Any Solar Energy System that ceases to produce energy on a continuous basis for twelve (12) months will be considered abandoned and the party identified in paragraph (j)(3)(A) below shall be required to decommission the site.

(5)

At the County's discretion, paragraph (f)(3) may be temporarily waived in writing, should substantial evidence be provided to the County of the intent to maintain and reinstate the operation of the solar energy facility.

(j)

County Approval, Building Permit, Decommissioning Plan.

(1)

As required by paragraph (b)(2) above, Owner shall obtain Administrative Approval before initiating the construction of a Solar Energy System.

(2)

Owner shall submit the Application to the County's zoning and code enforcement director or any other County designee for such purpose.

(3)

Prior to the issuance of the building permit, a decommissioning plan shall be submitted by Owner and Owner must obtain Administrative Approval of the decommissioning plan, which shall thereafter be recorded with the County Clerk. The following items are required to be addressed within the decommissioning plan:

(A)

Identification of the party currently responsible for decommissioning of the facility;

(B)

A plan to remove Solar Panels, buildings, cabling, electrical components, roads, and any other associated facilities;

(C)

Record of the type of Solar Panels and material specifications being utilized at the site; and

(D)

Estimated costs of decommissioning the facility from a third party engineer (salvage and resale proceeds shall be included in the cost estimate).

(4)

Every five (5) years and upon every change in ownership of Owner, the decommissioning plan and estimated costs shall be updated and Owner shall obtain Administrative Approval.

(5)

Landowner and Owner shall sign and acknowledge the decommissioning plan.

(k)

Financial Assurance.

(1)

Prior to construction of a Solar Energy System, Owner shall provide financial assurances to ensure that funds are available for decommissioning. Owner must meet this responsibility by purchasing a bond for 125% of the expected cost of decommissioning, inclusive of salvage value, as required by paragraph (j)(3)(D).

(2)

At the time of the submittal of the Application, Owner shall provide a timeline of proposed dates for each financial assurance that complies with this ordinance. If at any time prior to the completion of the solar project, if any financial assurance requirements herein are not met, then the County has the authority to revoke the Building Permit and serve a cease-and-desist letter related to the solar project on Owner regardless of the stage or status of the project.

(3)

Prior to construction, Owner shall provide financial assurances to ensure that funds are available to cover the costs of possible remediation and repair of soil erosion, soil instability, stormwater runoff system failures, vegetative buffers, and soil stability measures, fencing damage, or failure of any other mechanical, electrical, operational, or maintenance problems which may arise during the life of the Solar Energy System. Owner must meet this responsibility by purchasing a performance bond in an amount sufficient to cover these costs, as agreed to by the County's zoning and code enforcement director or any other County designee for such purpose.

(4)

Prior to construction, Owner shall obtain liability insurance coverage at an amount of at least $1,000,000.00 to cover or protect third persons from any injury to person or property as a result of the development, construction, maintenance, operation, or decommission of the Solar Energy System.

(5)

The financial assurance shall ensure decommissioning even if Owner becomes insolvent or ceases to reside, be incorporated, do business, or maintain assets in Georgia.

(l)

Damages to County Roads, Bridges, or Infrastructure. If Owner or Contractor damages any County road, bridge, or infrastructure in connection with the construction, maintenance, or decommissioning of any part or aspect of the solar project, said party shall be responsible for the repair or replacement of said County property as determined by the nature and extent of said damage. In the event said damage occurs, the County shall evaluate said damage and determine those remedial measures that will make the County whole. The County shall notify the responsible party of its responsibility to remediate any such issue. The notice demanding remediation shall designate the nature and extent of said damage and the expected manner and method of the responsible party to adequately remediate the same. The responsible party shall have thirty (30) days to complete the necessary repairs or replacements, unless otherwise agreed upon in writing by the party and the County. If said repair or replacement is not completed within the prescribed time, the County may repair or remediate said damage(s) and the responsible party shall be liable for all costs associated therewith.

(m)

Penalties. Failure to meet any of these requirements is punishable by the imposition of a fine not to exceed $1,000.00, pursuant to Section 1-12.

(Ord. of 7-6-2020; Ord. No. 2023-18, § 2, 11-6-2023)

a.

Any structure used as an animal hospital or veterinary clinic shall be located and its activities conducted at least 100 feet from any property line in any residential district.

b.

Medical treatment or care shall be practiced only within an enclosed building or structure.

c.

Kennel or boarding operations incidental to the principal use shall be permitted only within an enclosed building or structure located at least 100 feet from the property line of any residential zoning district. Sound proofing of the building is required.

d.

Outdoor runs are permitted provide they are 300 feet from any residential zoning district. Drains shall to be connected to an approved sanitary facility. Odor control and pest control are required.

e.

All kennels must be licensed by the Georgia Department of Agriculture.

Surface mining is permitted in agricultural zoning district with the following conditions:

1.

A surface mining permit issued by the Georgia Department of Natural Resources is required prior to any surface mining.

2.

A 25-foot minimum buffer between the affected area and property line and/ or 50-foot minimum buffer if affected area is adjacent to a public road or occupied structures is required.

3.

No buildings shall be built or placed within 100 feet of any adjoining property line.

(Ord. No. 2016-11, 6-20-2016; Ord. of 11-6-2023)

Editor's note— Ord. No. 2016-11, adopted June 20, 2016, set out provisions that were not specifically amendatory. At the editor's discretion, said provisions were included as § 5-51.