Except as hereinafter specifically provided, the following general regulations shall apply.

(Ord. No. 2006-5, § 1, 10-24-06)

Whenever any provisions of this ordinance impose more stringent requirements, regulations, restrictions or limitations than are imposed or required by these provisions or any other law or ordinance, the provisions of this ordinance shall govern.

(Ord. No. 2006-5, § 1, 10-24-06)

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

(Ord. No. 2006-5, § 1, 10-24-06)

All streets/roads, alleys, and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such streets/roads, alleys, or railroad rights-of-way. Where the centerline of a street/road or alley serves as a district boundary, the zoning of such street/road or alley, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such centerline.

(Ord. No. 2006-5, § 1, 10-24-06)

No building shall be erected, converted, enlarged, reconstructed or structurally altered nor shall any building or land be used, designed or arranged for any purpose other than is permitted in the district in which the building or land is located.

(Ord. No. 2006-5, § 1, 10-24-06)

No building shall be erected, converted, enlarged, reconstructed or structurally altered, except in conformity with the area regulations of the district in which the building is located.

(Ord. No. 2006-5, § 1, 10-24-06)

No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit hereinafter established for the district in which the building is located except that penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, stage lofts and screens, flagpoles, chimneys, smokestacks, individual domestic radio and television aerials and wireless masts, water tanks or similar structures may be erected above the height limits herein prescribed. No such structure may be erected to exceed by more than 15 feet the height limits of the district in which it is located; nor shall such structure have a total area greater than 25 percent of the roof area of the building, nor shall such structure be used for any residential purpose or any commercial or industrial purpose other than a use incidental to the main use of the building. The erection of commercial communication towers, where permitted, shall abide by the regulations set forth in this article.

(Ord. No. 2006-5, § 1, 10-24-06)

Any use or structure existing at the time of enactment or subsequent amendment of this ordinance, but not in conformity with its provision, may be continued with the following limitations. Any use or building which does not conform with this ordinance may not be:

a.

Changed to another nonconforming use.

b.

Re-established after discontinuance for 18 months.

c.

Extended except in conformity with these regulations.

(Ord. No. 2006-5, § 1, 10-24-06)

Only one main building and its customary accessory structures may hereafter be erected on any residential lot. No open space or lot required for a building or a structure shall, during its life, be occupied by or counted as open space for another building or structure.

(Ord. No. 2006-5, § 1, 10-24-06)

No space which for the purpose of a building or dwelling group has been counted or calculated as a part of a side yard, rear yard, front yard, or other open space required by this ordinance, may by reason of change in ownership or otherwise be counted or calculated to satisfy or comply with a yard, court, or other open space requirement of or for any other building.

In any residential district, the front and rear yard requirements of a double frontage lot shall be the same as prescribed for any single lot in the zone wherein the double frontage lot is located.

(Ord. No. 2006-5, § 1, 10-24-06)

Any lot of record in any agricultural or residential district which was of record at the time of the adoption of this ordinance that does not meet the requirements of this ordinance for yards or other area or open space, may be utilized for single residence purposes, provided reasonable living standards can be provided.

(Ord. No. 2006-5, § 1, 10-24-06)

No residential structure shall be erected upon the rear of a lot or upon a lot with another dwelling except guesthouses.

(Ord. No. 2006-5, § 1, 10-24-06)

No building shall be erected on a lot which does not abut a publicly dedicated or maintained street/road.

(Ord. No. 2006-5, § 1, 10-24-06)

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

(Ord. No. 2006-5, § 1, 10-24-06)

No lot shall be reduced in size so that lot width, yard requirements, lot area per dwelling unit, or other requirements of this ordinance are not maintained.

(Ord. No. 2006-5, § 1, 10-24-06)

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

a.

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

b.

Accessory buildings shall not be erected in any required yard except a rear yard, providing further that in no instance shall such a building be nearer than ten feet to any adjoining side lot line or rear lot line.

Pump houses less than 36 square feet shall not be considered as accessory buildings.

c.

An accessory building, not exceeding one story or 14 feet in height may occupy not more than 25 percent of any non-required yard; provided that in no instance shall the accessory building exceed the ground floor area of the principal building.

d.

An accessory building shall not be located on that portion of the lot in the area of the principal building except when structurally attached to the principal building.

e.

No detached accessory building, other than a garage, shall be located closer than 15 feet to any principal building.

f.

In the case of double frontage lots, accessory buildings shall observe front yard requirements on both street/road frontage wherever there are any principal buildings fronting on said streets/roads in the same block or adjacent blocks.

g.

When an accessory building is to be located on a corner lot, the side lot line of which is substantially a continuation of the front lot line of the lot to its rear, said building shall not project beyond the front yard line required on the lot in rear of such corner lot.

h.

Garages. In any residence zone no garage shall be erected closer to the side lot line than the permitted distance for the dwelling unless the garage shall be completely to the rear of the dwelling in which event the garage may be erected ten feet from the side and rear lot line. No garage or portion thereof shall extend into the required front yard area. Attached garages of fireproof construction may be erected to extend beyond the front line of the house in those areas which are being developed according to a common plan that includes the construction of attached garages extending beyond the front line of the house, except that such garages shall not encroach in or upon the minimum front yard area as required by this ordinance, and provided, the cornice, eaves or overhang shall not extend more than six inches into the required side yard area.

i.

Carport. In any residence zone no carport shall be erected, constructed or altered closer to the side lot line than the permitted distance for the dwelling, provided no portion of said carport shall extend into the required front yard area. Carports of fireproof construction may be erected to extend beyond the front line of the house in those areas which are being developed according to a common plan that includes the construction of attached carports extending beyond the front line of the house, except, that such carports shall not encroach in or upon the minimum front yard areas as required by this ordinance, and no portion of the house between the pillars by which the carport is supported shall contain any windows or open spaces other than a door leading from the house to the carport or garage. Such door shall bear the class "A" or "B" label of the Underwriters' Laboratories, Incorporated.

(Ord. No. 2006-5, § 1, 10-24-06)

a.

The parking or storing in open area of boats in excess of 24 feet, unoccupied house trailers, buses, or converted buses shall not be permitted for periods of more than the first 15 consecutive days out of any 90 days, and then only by permit issued by the building department in a residential district. Such permit shall be conspicuously posted in parked or stored vehicle or boat.

b.

Commercial highway tractor-trailers shall not be parked or stored on residentially zoned property at any time.

c.

It shall be prohibited use in all residentially zoned districts to park or store wrecked or junked vehicles, power driven construction equipment, used lumber or metal or any other miscellaneous scrap or salvable material in quantity.

(Ord. No. 2006-5, § 1, 10-24-06)

In order to regulate and control the problems of noise, odor, light, fumes, vibration, dust, danger of fire and explosion, and traffic congestion which result from the unrestricted and unregulated construction and operation of service stations, and to regulate and control the adverse effects which these and other problems incidental to the service station may exercise upon adjacent and surrounding areas, the following additional regulations and requirements are provided herein for service stations located in any zone. All service stations erected after the effective date of this ordinance shall comply with all requirements of this ordinance shall be structurally altered so as to provide a lesser degree of conformity with the provisions of this ordinance than existed on the effective date of this ordinance.

a.

The operation of any automotive service station and garage shall observe the rules of the safety fire commission as presently promulgated and amended, and future amendments thereto, as well as in accordance with NFPA 30A(1991) standards pertinent to these entities.

b.

A service station shall be located on a lot having a frontage along the principal street/road of not less than 140 feet, and having a minimum area of not less than 22,000 square feet.

c.

A service station building housing an office and/or facilities for servicing, greasing and/or washing motor vehicles shall be located not less than 40 feet from any street/road lot line, and not less than ten feet from any other lot line.

d.

All driveways providing ingress to or egress from a service station shall not be more than 50 feet wide at the property line. No driveway or curb opening shall be located nearer than ten feet to any corner as measured along the property line. No driveway shall be located nearer than 30 feet to any other driveway giving access to or from the same service stations.

e.

A raised curb six inches in height shall be erected along all street/road lot lines, except for driveway openings.

f.

The entire lot, excluding the area occupied by a building shall be hard surfaced with concrete or a plant-mixed bituminous materials, or, if any part of the lot is not so surfaced, then that area shall be landscaped and separated from all surface areas by a low barrier or curb.

g.

All lubrication equipment, motor vehicle washing equipment, hydraulic hoists and pits shall be enclosed entirely within a building. All fuel pumps shall be located not less than 15 feet from any lot line, and shall be arranged so that motor vehicles shall be not be supplied with fuel or services while parked upon or overhanging any public sidewalk, street/road or right-of-way.

h.

A service station located on a lot having an area of 22,000 square feet shall include not more than eight fuel dispenser pumps and two enclosed stalls for servicing, lubricating, greasing and/or washing motor vehicles. An additional two fuel dispenser pumps and/or one enclosed stall may be included with the provision of each additional 2,000 square feet of lot area.

i.

Where a service station adjoins any property located in any residential zone, or is separated from any such property by a public alley only, a masonry wall six feet in height shall be erected and maintained about the common lot line or along the alley lot line. All masonry walls shall be protected by a fixed curb or barrier to prevent vehicles from contacting the wall.

j.

All exterior lighting, including illuminated signs, shall be erected and hooded or shielded so as to be deflected away from adjacent and neighboring property.

k.

The total fuel storage capacity of each service station shall not exceed state guidelines.

l.

No fuel tank shall be filled at a service station except through a hose connected to a pump of a type approved by the Underwriters' Laboratories, Incorporated.

m.

No flammable or hazardous materials shall be kept or conveyed in open receptacles or in glass bottles or other breakable containers on the premises of a service station, except in glass bottles of not more than eight ounces capacity used for sample purposes, and shall not be used for cleaning purposes on such premises. No glass container fuel pump shall be installed in any building.

n.

All combustible waste and rubbish, including crankcase drainings shall be kept in approved receptacles fitted with a tight cover until removed from the premises. No flammable or hazardous materials shall be allowed to flow into or be placed in the drainage system. Oil and grease shall not be allowed to accumulate on the floor. Sawdust shall not be kept in any service station or place of storage therein, and sawdust or other combustible material shall not be used to absorb oil, grease or fuel.

o.

All service station proprietors and attendants upon being notified by any county official of the presence of flammable or hazardous materials in sewers shall cooperate in ascertaining the reason therefore. There shall be constantly maintained in good working order at least one 2½-gallon fully charged, portable type fire extinguisher at each service station.

(Ord. No. 2006-5, § 1, 10-24-06)

Buildings erected after the effective date of this ordinance as garages, accessory buildings, except guesthouses, travel trailers or recreational vehicles, except where located in properly zoned parks, shall not be occupied for dwelling purposes.

(Ord. No. 2006-5, § 1, 10-24-06)

Any building requiring yard space shall be located at such an elevation as determined by the building official, that a sloping grade shall be maintained to cause the flow of surface water to run away from the walls of the building. A sloping grade, beginning at the sidewalk level, shall be maintained and established from the center of the front lot line to the finished grade line at the front of the building. The rear and side yards shall be sloped to allow for the flow of surface water away from the building without creating a nuisance. However, this shall not prevent the grading of a yard space to provide sunken or terraced areas, provided proper means are constructed and maintained to prevent the run-off of surface water from creating a nuisance on the adjacent properties.

When a new building is constructed on a vacant lot between two existing buildings or adjacent to an existing building, the reference level shall be used in determining the grade around the new building and the yard around the new building shall be graded in such a manner as to meet existing grades and not to permit runoff of surface water to flow onto the adjacent properties.

Final grades shall be approved by the building official only after inspection.

(Ord. No. 2006-5, § 1, 10-24-06)

Any building or structure which has been wholly or partially erected on any premises located within the county shall not be moved to and be placed upon any other premises in the county until a building permit for such removal shall have been secured. No building or structure shall be moved into the county from outside the county limits until such building permit has been secured. Any such building or structure shall fully conform to all the provisions of this ordinance in the same manner as new buildings or structures.

Before a permit may be issued for moving a building or structure, the building official shall inspect same and shall determine if it is in a safe condition to be moved, whether it may be reconditioned to comply with the building code and other county requirements for the use and occupancy for which it is to be used, and whether it will be of similar character with the buildings in the area where it is to be moved. Also, clearances will be obtained from all utility companies insuring that utilities are discontinued and all facilities accounted for. Special inspection fees may be charged to cover costs of inspecting the old site and the new site of said building or structure. Providing these conditions can be complied with, a building permit shall be issued for the moving of said building or structure; this permit to carry the verification of the building official.

(Ord. No. 2006-5, § 1, 10-24-06)

Removal and filling of land, the construction, maintenance or existence within Colquitt County of any unprotected, un-barricaded, open and dangerous excavations, holes, pits, or wells, which constitute or are reasonably likely to constitute a danger or menace to the public health, safety or welfare, are hereby prohibited; provided however, this ordinance shall not prevent any excavation under a permit issued pursuant to this ordinance or the building code of Colquitt County where such excavations are properly protected and warning signs posted in such a manner as may be approved by the building official and provided further, that this ordinance shall not apply to streams, natural bodies of water or to ditches, streams, reservoirs, or other major bodies of water created or existing by authority of the State of Georgia, County of Colquitt, or other governmental agency.

(Ord. No. 2006-5, § 1, 10-24-06)

The use of land for the excavation, removal, filing or depositing of any type of earth material, topsoil, gravel, rock, garbage, rubbish or other wastes or by products, is not permitted in any zoning district except under a certificate from, and under the supervision of the building department. Such certificate may be issued in appropriate cases upon the furnishing of bond, by company authorized to do business in the State of Georgia, running to the county of an amount as established by the engineering department which will be sufficient in amount to rehabilitate the property upon default of the operator of such excavating or filing operation, and to cover court costs and other reasonable expenses. This regulation does not apply normal soil removal for basement or foundation work when a building permit has previously been duly issued by the building department. Costs of a permit to fill or excavate may be allocated to the building department to defray the county's costs.

(Ord. No. 2006-5, § 1, 10-24-06)

Nothing in this ordinance shall prevent the strengthening or restoring to a safe condition of any part of any building, or structure declared unsafe by the building official or the required compliance with this lawful order, except as specified in article V of this ordinance.

(Ord. No. 2006-5, § 1, 10-24-06)

Nothing in this ordinance shall be deemed to require any change in the plans, construction of designed [designated] use of any building upon which actual construction was lawfully begun prior to the adoption of this ordinance, and upon which building actual construction has been diligently carried on, from the date of passage of this ordinance.

(Ord. No. 2006-5, § 1, 10-24-06; Ord. No. 2007-1, § 1, 4-16-07)

The provisions of this ordinance shall not be so construed as to interfere with the temporary use of any property as a voting place in connection with a county or other public election.

(Ord. No. 2006-5, § 1, 10-24-06)

No proposed plat of a new subdivision shall hereafter be approved by either the governing authority or the planning commission unless the lots within such plat equal or exceed the minimum size and width requirements set forth in the various districts of this ordinance and unless such plat fully conforms with the statutes of the State of Georgia and ordinances of Colquitt County.

(Ord. No. 2006-5, § 1, 10-24-06)

The erection, construction, alteration, or maintenance by public utilities or municipal departments or commission, of underground or overhead gas, electrical, steam or water distribution or transmission systems, collection, communication supply or disposal system including mains, drains, sewers, pipes, conduits, wire, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers, poles, and other similar equipment and accessories in connection therewith, but not including buildings, reasonably necessary furnishing of adequate service by such public utilities or municipal departments or commissions, or for the public health or safety or general welfare, shall be permitted as authorized and regulated by law and other ordinances of Colquitt County in any use district, it being the intention hereof to exempt such erection, construction, alteration, and maintenance from the application of this ordinance.

The board of zoning appeals shall have the power to permit the erection and use of the building, or an addition to an existing building, of a public service corporation or for public utility purposes, in any permitted district to a greater height or of large area than the district requirements herein established, and permit the location in any use district of a public utility building structure or use, of the board shall find such use, height, area, building or structure reasonably necessary for the public convenience and service, provided such building, structure, or use is designed, erected and landscaped to conform harmoniously with the general architecture and plan of such district.

(Ord. No. 2006-5, § 1, 10-24-06)

In order to provide adequate protective screening for residential areas adjacent to or near non-residential areas, the following regulations shall apply:

a.

Adjacent residential property. Where a C-1, C-2, C-3, C-PUD, M-1 or M-2 district abuts directly upon a residentially zoned district, a landscaped greenbelt, not less than 20 feet wide, shall be provided and maintained along its entire length by the users of the C-1, C-2, C-3, C-PUD, M-1 or M-2 property. In addition, the C-1, C-2, C-3, C-PUD, M-1 or M-2 district shall be screened from such contiguous residentially zoned district by either a building housing a permitted use or else by an ornamental masonry wall or chain link fence five feet in height above grade, between said greenbelt areas and the commercial or industrial use in said C-1, C-2, C-3, C-PUD, M-1 or M-2 district. Such greenbelt shall be planted with deciduous trees, evergreens, flowering trees and/or ornamental trees set not closer than six feet to the fence or wall.

The remainder of the landscaped area which is not planted with the aforementioned stock shall be in well-kept lawn. All landscaping shall be maintained in a healthy growing condition, neat and orderly in appearance.

All planting plans shall first be submitted to the planning commission/county commission for approval as to suitability of planting materials and arrangement thereof in accordance with the provisions of this ordinance.

Where vehicles or open air display generally exceed a five-foot height, said wall or chain link fence shall be increased to a height not exceeding ten feet, providing further that all such walls shall be of uniform height around the premises and the design of such wall is first approved by the planning commission/county commission.

If, in the opinion, of the planning commission/county commission, the greenbelt would serve no good purpose, the commission may waive such requirements, and provide only the wall or fence between the residential and C-1, C-2, C-3, C-PUD, M-1 or M-2 district, provided it abuts a nonconforming use in a residential area.

b.

Residential property across alley. Any C-1, C-2, C-3, C-PUD, M-1 or M-2 district on which a drive-in business, open air display, commercial parking lot or other open use is conducted shall be separated along its entire length from any adjacent residentially zoned district, located across a public alley of not less than 20 feet wide, by either a building housing permitted use or by an ornamental masonry wall five feet in height above grade located, preferably, on the residential side of said public alley. Greater wall height may be required in accordance with paragraph "a" above.

c.

Waiver of wall or fence requirement. Where required walls or fences are provided on the business side of public alleys, wall or fence requirements may be waived to provide necessary entrance to or exit from required off-street/road parking and loading areas, provided approval is secured from the planning commission and county commission as to suitability of width and location of such openings in said wall or fence.

d.

Setbacks from agricultural zones. The main dwelling must be a minimum of 125 feet from the property line adjacent to property zoned agricultural (AG).

When a non-agricultural use is proposed for property abutting an agricultural (AG) district, or will be located within the required minimum setbacks for this district, the developer or property owner shall be provided with a "notice of agricultural adjacency" at the time an application for building permit or change in zoning classification or use is filed. As a condition of and prior to any administrative action on either the change in zoning classification or use request, or the issuance of any land use, building, or occupancy permit, the applicant shall be required to sign on a waiver on a form prepared by the zoning official(s) which will indicate that the applicant understands that there is an ongoing agricultural land use adjacent to the subject property which could produce odors, noise, dust, and other effects which may not be compatible with the applicant's development. Nevertheless, understanding the effects of agricultural operations and uses on adjacent land, the applicant agrees, by executing the form, to waive any objection to those effects and understands that this change in zoning classification or use and/or permits are issued and processed in reliance on his agreement not to bring any action against adjacent landowners, whose property is agricultural and an agricultural operation, or any local government, asserting that the adjacent agricultural operations or uses of agricultural land constitutes a nuisance; provided that said existing agricultural use is operated in conformance with this ordinance and with all applicable local, state, and federal regulations. Any such notice or acknowledgement provided to or executed by a landowner adjoining an existing agricultural use or within the minimum setbacks for said use shall be a public record.

The agricultural use notice and waiver shall include the following information in substantially the same or similar format and content:

"You are hereby notified that all or part of the property you are proposing to use or build upon is located within the required minimum setback of adjacent agricultural land with one or more existing agricultural operations. You may be subject to inconvenience or discomfort from lawful agricultural operations. Discomfort and inconvenience may include, but not limited to, noise, odors, fumes, dust, smoke, burning, vibrations, insects, rodents, and/or the operation of machinery (including aircraft) during any 24-hour period. One or more inconveniences may occur as a result of agricultural operations that are in compliance with existing laws and regulations and accepted customs and standards. If you live or operate a use near an agricultural area, you should be prepared to accept such inconveniences or discomfort as a normal and necessary aspect of living in an area with a strong rural character and an active agricultural sector. Your signature constitutes an agreement not to bring any action against local landowners whose property is agricultural land or is in agricultural operation, or against local government, asserting that the adjacent agricultural operation or uses of agricultural lands constitutes a nuisance."

Signature of Applicant:______________

(Ord. No. 2006-5, § 1, 10-24-06)

No livestock shall be kept or maintained in any zone other than the AG agricultural district, except that for each dwelling unit the occupant may keep for his personal use domestic pets, so long as they are not kept or used for commercial purposes or in such numbers as to create a nuisance by reason of noise or offensive odors and in no event shall kennels be maintained either for private or commercial use. Horses shall not be kept closer than 50 feet to an adjoining property line or 100 feet to an adjoining dwelling.

(Ord. No. 2006-5, § 1, 10-24-06)

a.

General provisions. Signs erected for the purpose of advertising or for displaying the names of the firm or business are permitted, provided they meet the regulations provided for hereinafter. A permit must be secured from the county building official prior to installing or erecting any permanent sign. No permit is required where permanent signs are painted on the building or premises for the purpose of displaying the firm name or for advertising, however, such signs must meet all of the other provisions as provided for herein. Signs of a temporary nature do not require a permit from the county; however, they must comply with the paragraph herein referred to as "temporary signs." Upon request, the building official will lend his assistance to a firm or business proposing to install temporary signs for the purpose of interpreting the intent of paragraph "temporary signs" following herein. No sign erected for any purpose shall be erected upon, or extend over or onto, any public property unless is specifically permitted hereinafter. Signs, banners, flags, etc., which are customarily used to advertise conventions, festivals, etc., or which may be part of a civic or community project advertisement may be erected on public property, provided permission is obtained from the county. A request from the county for a "courtesy permit" shall be made for such occasions. All billboards within Colquitt County shall be erected, constructed, and maintained in accordance with the Colquitt County Building Code and provisions found in Georgia Outdoor Advertising Act that is found under O.C.G.A. §§ 32-6-70 through 32-6-97. Only those signs that are permitted by these regulations shall be erected within the county.

b.

Signs in residential district. A sign not over two square feet in area may be used to advertise a permitted home occupation, provided the sign is either attached to or immediately adjacent to the dwelling. Signs so displayed in residential areas shall not be illuminated.

c.

Signs in neighborhood, business district, C-1. Permanent signs hereinafter erected, painted or otherwise constructed in C-1 districts, shall be limited to the following:

1.

The area of the sign shall not exceed ten percent of the area of the front of the building establishment, measured at the front building line. Stores or establishments having offices above the ground floor shall not include the area of the front of such offices, etc., in the "area" measurement referred to.

2.

Only one sign shall be permitted on the front of any store or business establishment.

3.

Where a business is located on a corner, an additional sign of equal size will be permitted on the side of the building.

4.

The length of the sign shall not exceed 80 percent of the length of the shop front dimension.

5.

The sign shall be paralleled to the face or side of the building and shall not extend over 18 inches from the face or side of the building.

6.

Signs, if illuminated, shall be in white light only, shall be so designed as to designate the name of the place of business in a two-fold manner in that it shall serve the purpose for both day and nighttime use.

d.

Signs in general business district, C-2. Signs are permitted in the C-2 districts, provided they comply with the regulations outlined in paragraph "c," (neighborhood business district, C-1) and the "general provisions" paragraph of this ordinance. In addition, signs in C-2 districts may be illuminated in any color desired.

e.

Signs in commercial district, C-3. Signs are permitted in C-3 districts under the same regulations as provided for under C-1 districts, paragraph "c," preceding, except that the area of signs in the C-3 districts shall not exceed 15 square feet, however the area may be increased by three square feet for each ten feet that the sign is located away from the front property line.

f.

Signs in commercial planned unit development districts, C-PUD. Signs in the commercial planned development district, C-PUD, require special approval of the planning commission/county commission.

g.

Signs in industrial districts, M-1 and M-2. Signs are permitted in these two districts, provided they meet the regulations as provided for in paragraph "c" preceding.

h.

Real estate signs. A temporary sign advertising the sale, rental, or lease of the premises on which the sign is located may be erected, provided that the sign does not exceed 32 square feet. Such signs used for advertising real estate shall be located at least 20 feet from all property lines. Those signs may not be illuminated. It is intended that such signs be used to adequately attract attention to the property which is to be sold, rented, or leased. In the event that the physical condition of the property would permit a sign to be erected in compliance with the "location" conditions described above, the building official may authorize a variation in the "location" of the sign to be erected to meet the physical condition existing to accomplish the purpose intended.

i.

Temporary signs advertising special sales, etc. Temporary signs used for advertising "special sales" in stores or business establishments are permitted, provided that the gross area of all such signs, combined, whether painted on windows, cheesecloth, cardboard, or any similar material shall not exceed ten percent of the total storefront area. Such signs shall not extend more than six inches from the face or side of the building. No temporary sign shall be erected or attached to awnings, marquees, or other sidewalk sheds or covers.

j.

Signs on marquees over sidewalks. Signs such as needed by theaters to advertise current pictures being shown, etc., may be used by theaters only for such purposes provided they are attached to or made a part of the marquee. Such signs, if illuminated, shall be designed to serve for both day and nighttime use. Such signs shall not be closer than nine feet to the sidewalk, not nearer than 18 inches to the curb at the street line.

(Ord. No. 2006-5, § 1, 10-24-06; Ord. No. 2012-1, § 1 (Exh. A), 1-17-12)

All commercial communication towers shall be permitted in any business, commercial or industrial district which has access upon a major thoroughfare. The structural plans for such towers must be approved by the county engineering department and a permit issued.

(Ord. No. 2006-5, § 1, 10-24-06)

a.

Screening or required fences around the entire area of junkyards and/or used auto parts yards, salvage yards or coal yards shall be at least six feet in height, provided, however, that such fences may be erected to a height not to exceed ten feet. There shall be a suitable and appropriate fence properly painted and erected in such a manner around the outside of all the lands on which such business is conducted in such manner so as to obliterate the premises from view, and such fence shall be properly maintained at all times by the owner or occupant and shall comply with provisions of these regulations. It shall be unlawful to display any junk and/or used tires, fenders, or other auto parts or materials on or in front of such fence.

b.

In reviewing applications for junk and/or used auto parts yards, salvage yards or coal yards, in zones where permitted, the planning commission/county commission shall consider the following factors:

1.

The yard in question shall not be lower in elevation than abutting streets/roads and nearby major thoroughfares, and adjacent residential areas.

2.

Consideration should be given to noxious effects on adjacent properties.

3.

Junk in these yards may not be stacked to a height greater than the height of the fence.

4.

The fence shall be one of three types: A solid material such as wood or metal; fabric with a minimum visibility of 88 percent; or, bottom-locking style slat for two-inch chain link mesh.

(Ord. No. 2006-5, § 1, 10-24-06; Ord. No. 2012-1, § 1 (Exh. A), 1-17-12)

The planning commission shall hold a hearing on the application. Notice of the hearing shall appear on the property affected and in the legal county organ at least 15 days prior to the hearing. The planning commission may recommend approval of or denial of the application to the county commission which may suggest conditions and safeguards deemed necessary for the protection of the public interest. The county commission may accept or reject the planning commission's recommendation, and vote to approve or reject the special use permit.

In reviewing the application, the planning commission/county commission should consider:

1.

The effect of the proposed activity on traffic flow along adjoining streets/roads;

2.

The location of off-streets/roads parking facilities;

3.

The number, size and type of signs proposed for the site;

4.

The amount and location of open space;

5.

Protective screening;

6.

Hours and manner of operation of the proposed use;

7.

Outdoor lighting;

8.

Ingress and egress to the property; and

9.

Compatibility with surrounding land use.

(Ord. No. 2006-5, § 1, 10-24-06; Ord. No. 2007-2, § 1, 5-21-07)