In zoning districts where permitted, attached accessory apartments shall meet the following requirements:

(1)

Only one accessory apartment shall be permitted on a lot, and an accessory apartment shall not be permitted in conjunction with a home occupation or detached accessory apartment.

(2)

One additional off-street parking space is required and shall be provided, which must be located in a side or rear yard.

(3)

At least 300 square feet of heated floor area shall be provided per occupant. The heated floor area for an accessory apartment shall be at least 300 square feet and shall not exceed 1,000 square feet or the size of the principal dwelling, whichever is less.

(4)

The entrance to the accessory apartment shall be from a rear or side yard and shall not face the street to which the principal dwelling is oriented.

(5)

Any additions to accommodate accessory apartments shall have exterior finishes or architectural treatments (e.g., brick, wood, stucco, etc.) of an appearance substantially similar to those on the principal dwelling.

(6)

The zoning administrator must certify that existing or proposed water, sanitary sewer, and/or septic tank facilities are adequate to serve both the principal dwelling and the accessory apartment.

(7)

Either the accessory apartment or the principal dwelling unit shall be owner-occupied.

(Ord. No. 12-22-20, 1-5-2021)

Customary residential accessory buildings and uses are permitted in residential districts, provided they meet the following requirements:

(1)

Accessory uses, excluding accessory structures specifically designed for the parking and storing of motor driven vehicles, shall be located in a rear yard or side yard and no closer than ten feet to a principal building.

(2)

Accessory buildings shall not exceed 24 feet in height and shall conform to the property appearance standards set forth in Article IX of this chapter.

(3)

Accessory buildings and structures shall be located a minimum of ten feet from any side or rear property line.

(4)

In no case shall an accessory building or structure exceed 75 percent of the square footage of the principal building or structure to which it is accessory.

(5)

In all residential zoning districts, accessory structures must be constructed in conjunction with or after a building permit for the principal building is lawfully approved; further such structures shall not be used for any type of commercial operation.

(Ord. No. 12-22-20, 1-5-2021)

Establishments that sell, rent, or lease automobiles or other vehicles, including "building and selected vehicle sales" as defined, must provide parking specifically identified and devoted to customers. Adequate space must be allocated, specifically identified, and reserved on the site for the unloading of vehicles brought to the site by truck or car carrier. It shall be a violation to park vehicles for sale, rent, or lease in designated customer parking or unloading areas. When abutting a residential zoning district or office-professional district, automobile sales establishments shall require submittal to and approval by the zoning administrator of a photometric plan for lighting to ensure compatibility with adjacent land uses. Establishments that will not operate during darkness and that have no outdoor lighting other than incidental security lighting shall not be required to submit a photometric plan. Outside loudspeakers shall not be permitted on lots abutting residential zoning districts; digital pagers or other means must be used to communicate between employees in the office and on the premises. All outside display, storage, customer parking, load and unloading and repair areas, for the display of vehicles for sale, rent, or lease, must be properly paved in accordance with the provisions of this chapter.

(Ord. No. 12-22-20, 1-5-2021)

In districts where permitted, bed and breakfast inns shall have a minimum of two guest rooms and a maximum of five guest rooms, one of which shall be occupied by the inn-keeper.

(Ord. No. 12-22-20, 1-5-2021)

Where permitted by the zoning district use requirements, a residence for a night watchman, accessory to a business or industrial operation, may be established in a single-family detached dwelling or as a unit located within a commercial or industrial building. The zoning administrator may approve one residence or dwelling within a principal building or in an accessory housing unit, on the site of a commercial or industrial establishment as an accessory use, provided that the applicant supplies evidence to the administrative officer of need for full-time security or 24-hour on-site management.

(Ord. No. 12-22-20, 1-5-2021)

In districts where permitted, churches and their customary accessory buildings shall be set back a minimum of 50 feet from any side or rear property line, and within the 50 foot setback required along side and rear property lines, a minimum 25-foot wide natural buffer shall be provided.

(Ord. No. 12-22-20, 1-5-2021)

Outdoor commercial recreational facilities are typically accompanied by substantial off-site impacts. Such uses require a minimum lot area of two acres, a minimum building setback of 100 feet, and a natural undisturbed buffer replanted where sparsely vegetated of at least 50 feet adjacent to side and rear property lines. Uses that propose night lighting other than incidental security lighting shall be required to submit a photometric plan to enable the evaluation of impacts from illumination. A written evaluation of noise impacts is required at the time the following conditional uses are considered: stadiums, amphitheaters, firearms shooting ranges and turkey shoots, and race tracks for animals and motor driven vehicles; such projects may be required to construct noise attenuation walls or otherwise address off-site noise impacts. Traffic impact statements are required for stadiums, amphitheaters, racetracks for animals or motor-driven vehicles, and recreational vehicle parks.

(Ord. No. 12-22-20, 1-5-2021)

(a)

Uses that propose night lighting other than incidental security lighting shall be required to submit a photometric plan to enable the evaluation of impacts from illumination.

(b)

Swimming pools and tennis courts shall be setback a minimum of 50 feet from the property line of the tract of land devoted to community recreation, with a minimum 25-foot wide buffer.

(c)

Buildings shall be setback a minimum of 25 feet from the property line of the tract. If outdoor patio or decks are provided, they shall be located no closer than 25 feet from the property line of the tract and a minimum 25-foot wide buffer shall be provided between said outdoor patio or deck and the property line of the tract.

(d)

Parking shall be provided per the requirements of Article VII (see community center, swimming pool-subdivision amenity, tennis court, etc.).

(Ord. No. 12-22-20, 1-5-2021)

Manufactured homes or other temporary structures shall not be occupied as a permanent office or for any other use in any district; provided, however that such manufactured homes or structures may be used for a temporary office or other permitted non-residential use, subject to the following:

(1)

Approval by the zoning administrator and issuance of a permit by the building official;

(2)

Said permit shall be temporary but renewable once after a period of six months;

(3)

Said permit shall only be issued if plans and permit(s) have been approved for one or more permanent buildings on the subject property;

(4)

Adequate water and sewage disposal for the structure(s) is approved by the Habersham County Health Department; and

(5)

Said manufactured home(s) or temporary structure(s) shall be removed upon the establishment of the permanent building(s) or structure(s) intended for such use.

(Ord. No. 12-22-20, 1-5-2021)

In districts where permitted, day care centers and nursery schools shall have at least 150 square feet of outdoor play area and at least 35 square feet of indoor space provided for each child or other person served. The outdoor play area shall be enclosed by a fence with a minimum height of four feet.

(Ord. No. 12-22-20, 1-5-2021)

In districts where permitted, drive-through facilities shall not be located within 50 feet of public rights-of-way or within 50 feet of a residential zoning district. Stacking lanes for drive-through facilities must be designed in a manner so that vehicle queuing does not interfere with access driveways, interparcel connections, or maneuverability in and out of off-street parking spaces. Stacking lanes shall be clearly identified through the use of striping, landscaping, and/or signs, and stacking lanes for fast-food establishments shall provide a means for vehicles to escape from the drive-through queuing stream.

When a drive-through operation is located adjacent to a residential zoning district or residential use and it involves an exterior loud speaker, volumes must be monitored and controlled so as to minimize audible sound from the loud speaker at the property line. Prior to operation, or to mitigate unwanted noise after commencement of a drive-through operation, the zoning director may require noise attenuation be installed on the site with the exterior loudspeaker, if volumes cannot be reduced below those audible at the property line or if buffers are inadequate to mitigate noise from the exterior loud speaker.

(Ord. No. 12-22-20, 1-5-2021)

Notwithstanding dimensional requirements to the contrary, in zoning districts where permitted, fee simple townhouses shall meet the following requirements:

(1)

Each platted lot shall have a minimum of 20 feet of frontage on a public road or private road that meets public street standards of the city.

(2)

The minimum lot size shall be 2,000 square feet.

(3)

Zero lot line between units within the same building shall be permitted, subject to applicable fire and building codes.

(4)

Each townhouse development or phase thereof shall require subdivision plat approval in accordance with the Cornelia subdivision regulations.

(Ord. No. 12-22-20, 1-5-2021)

Property containing a two-family dwelling may be subdivided in a manner so that each dwelling unit is located on its own lot, with zero lot line in between the units, subject to compliance with applicable building codes and subject to compliance with the Cornelia subdivision regulations.

(Ord. No. 12-22-20, 1-5-2021)

Gasoline pumps and pump islands shall be setback a minimum of 25 feet from any public right-of-way or property line. Canopies or structures over gasoline pumps and pump islands shall be setback a minimum of ten feet from any public right-of-way or property line.

(Ord. No. 12-22-20, 1-5-2021)

Guest houses shall comply with the following

(1)

Accessory use. The guest house must be an accessory use to a single-family detached dwelling already existing on the lot.

(2)

Lot area requirement. A guest house shall be permitted only on a lot having at least 15,000 square feet in area.

(3)

Location. The guest house must be placed to the rear of the main house (principal building) separated by a distance of at least 20 feet. No more than one guest house may be located on any lot.

(4)

Maximum floor area. The gross building floor area of the guest house may not exceed 50 percent of the floor area of the main house (principal building).

(5)

Use. Guest houses shall not be rented or otherwise occupied separately from the main residence, except for non-paying guests or domestic employees residing on the premises and sharing meals in the principal dwelling.

(Ord. No. 12-22-20, 1-5-2021)

A home occupation as defined by these regulations shall conform to the following requirements:

(1)

Employment of person(s) not residing in the dwelling is limited to one full-time employee or two part-time employees.

(2)

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

(3)

No storage or display of products or materials shall be visible from the adjoining street or adjacent properties, and only products produced on the premises may be sold on the premises.

(4)

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

(5)

No external alterations of the dwelling solely for the accommodation of a home occupation are permitted.

(6)

No chemical, electrical, or mechanical equipment that is not normally a part of domestic or household equipment shall be used primarily for commercial purposes, other than equipment approved by the zoning administrator for permitted home occupations.

(7)

A single attached business identification sign not to exceed four square feet shall be permitted.

(8)

Use of a building for a home occupation shall not exceed 50 percent of one floor of the principal building. Home occupations are not permitted, in whole or part, within accessory buildings.

(9)

A business license shall be obtained from the city prior to the operation of any home occupation. Said business license shall require approval by the zoning administrator.

(10)

The following uses are allowed as home occupations (not all inclusive): Tutoring, consultation and instruction in music, dance, arts, crafts and similar subjects, limited to two students at one time; family day care homes; professional services (i.e., attorneys, architects, accountants, realtors, insurance and travel agents; secretarial services and answering services; mail order and general offices not involving storage of equipment, materials or vehicles; phone solicitations; beauty salons and barber shops limited to two patrons at a time; food catering.

(11)

The following uses are specifically prohibited as home occupations (not all inclusive): cabinet shops and or metal cutting; doctors, dentists or other medical professions; automobile repair or related work; small engine repair shops, and landscaping/nursery/greenhouse operations.

(12)

Trip generation uniquely attributed to the home occupation, as opposed to the normal vehicular traffic related to domestic use of the dwelling, and shall not exceed ten vehicle trips per day.

(13)

The failure of a home occupation licensee to comply with any of the above conditions shall be reasonable grounds for revocation of a home occupation business license.

(Ord. No. 12-22-20, 1-5-2021)

A manufacturing or fabrication activity may be approved as an accessory use to a retail use permitted by right provided that it occupies no more than 1,000 square feet of floor area, and provided that all products made on the premises are sold on the premises as a retail activity.

(Ord. No. 12-22-20, 1-5-2021)

A dwelling unit may be constructed and used as a model home or temporary office for the sale of lots under the following conditions:

(1)

The model home is typically constructed before approval of a final plat, and hence the model home is the principal use of the entire unsubdivided parcel until the final plat is approved. The model home shall be placed on a lot designated on the approved preliminary plat and shall be placed in a manner that meets the applicable zoning district dimensional requirements so that it complies at the time it is erected and when it is sold and/or converted for single-family residential use.

(2)

Sales shall be limited to the lots and buildings within the subdivision where the model home is located.

(3)

The use of the model home for a sales office shall be discontinued within 30 days of the time all of the lots in the subdivision have been sold.

(Ord. No. 12-22-20, 1-5-2021)

Any development containing one or more multi-family dwellings, as defined by this chapter, shall comply with the following provisions:

42-88.1.

Site plan approval required. Development within this district requires site plan approval by the governing body after recommendation by the planning commission. The site plan approval may take place during the process of considering an application for rezoning to this district, or upon an application for development, whichever occurs first.

42-88.2.

Condominiums. If a condominium form of ownership is proposed, the development shall meet all applicable state laws including the Georgia Condominium Act. Proposed bylaws shall be submitted with the application for site plan approval.

42-88.3.

Amenities. All developments containing 50 or more dwelling units shall have a clubhouse.

42-88.4.

Laundry facilities. On-site principal or accessory laundry facilities are prohibited. Each multi-family unit must be constructed to accommodate washer and dryer appliances.

(Ord. No. 12-22-20, 1-5-2021)

Except for open air business establishments, outdoor storage shall be screened from view by an opaque fence or freestanding wall or building no less than six feet in height. The outside storage of products in conjunction with an enclosed retail trade establishment shall be limited to a maximum of 20 percent of the lot, which shall not occur in front yards.

(Ord. No. 12-22-20, 1-5-2021)

Recreational equipment such as boats, boat trailers, travel trailers, recreational vehicles, pick-up campers or coaches, motorized dwellings, motor coaches, tent trailers and other similar vehicles may be parked or stored only in side yards, rear yards, carports, or in an enclosed building, provided however, that such equipment may be parked or stored anywhere on residential premises for a period not to exceed 24 hours during loading and unloading.

(Ord. No. 12-22-20, 1-5-2021)

A relocation permit shall be required to relocate a residential structure on a lot in Cornelia. The applicant shall include the following with the application for the relocation permit:

(1)

A photograph of the structure at its present location.

(2)

The current location (address and tax parcel number) where the structure is now located.

(3)

The proposed location (address and tax parcel number) of the structure. To ensure compliance with the applicable land use district dimensional requirements, when the relocated residential structure is proposed to be located within the city, the zoning administrator shall require submission of the proposed location (address and tax parcel number) and a copy of the recorded plat of the lot on which the structure will be placed (if none exists the applicant shall be required to comply with subdivision regulations of the City of Cornelia).

(4)

An agreement that the structure shall meet all new construction requirements set forth in this chapter for the zoning district and all exterior improvements to the structure once relocated shall be completed within six months of relocation.

(Ord. No. 12-22-20, 1-5-2021)

42-92.1.

Area. The minimum lot size for a mini-warehouse development shall be two acres, and the maximum developed area for a mini-warehouse shall be four acres.

42-92.2.

Storage unit specifications and uses. Individual storage units shall not exceed 800 square feet and may not be used for the storage of hazardous materials or toxic substances. The use of individual storage units for living, sales, or hobbies is prohibited. No individual mini-warehouse building shall be more than 200 feet long. Mini-warehouses, where permitted, are limited to single-story buildings.

42-92.3.

Access. Access to mini-storage developments is limited to passenger vehicles and two-axle trucks (no semis are permitted). Interior drives between buildings shall be a minimum of 20 feet wide.

42-92.4.

Parking. Leasing office parking shall be provided at a standard of one space per 40 mini-storage units, plus one space for the facility manager, with a minimum of two on-site parking spaces.

42-92.5.

Right-of-way screening required. When located within sight of a public right-of-way, fencing adjacent to said right-of-way shall be required in the form of an architecturally finished wall or solid, opaque wooden fence.

42-92.6.

Outdoor storage. Outdoor storage is prohibited unless an open storage yard is permitted in the zoning district in which the development is located.

42-92.7.

Hours of operation. Mini-warehouse developments shall not be accessible to the general public (excluding on-site managers) between the hours of midnight and 5:00 a.m.

(Ord. No. 12-22-20, 1-5-2021)

(a)

All buildings and accessory structures must be located at least 100 feet from any residential land use district boundary. All fuel must be stored underground outside of any public right-of-way.

(b)

Pumps that dispense gasoline, kerosene, propane, natural gas or diesel fuels shall be set back at least 25 feet from any road right-of-way line.

(c)

Uses permissible at a service and fuel filling station shall not include major mechanical and body work, straightening of body parts, painting, welding, or storage of automobiles not in mechanically operable condition. No emissions of noxious odors, dust, fumes, gas, noise, or vibration shall be allowed outside of any building.

(Ord. No. 12-22-20, 1-5-2021)

Swimming pools accessory to residences shall be enclosed by a security fence a minimum of four feet in height. Said fence shall provide security against unauthorized use of the swimming pool. All swimming pools shall meet the requirements of the standard swimming pool code as adopted. Swimming pools which are operated as an accessory use to hotels, motels, or other uses shall be restricted to use by the patrons/guests of the principal use on the subject property and shall not be opened to the general public for a fee.

(Ord. No. 12-22-20, 1-5-2021)

42-95.1.

Purpose and intent. The purpose of this chapter is to establish guidelines for the siting of all wireless telecommunication equipment and facilities, microwave towers, common carrier towers, cellular, television and radio telecommunications towers and antennae. The regulations and requirements of this section are adopted for the following purposes:

(1)

To provide for the location of communication towers and communication antennas; and to protect residential areas and land uses from potential adverse impacts of communication towers, poles, and antennas by restricting them in accordance with the restrictions of this section.

(2)

To minimize adverse visual impacts of communication towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques.

(3)

To accommodate the growing need for communication towers and antennas while minimizing the total number of towers within the community necessary to provide adequate personal wireless services to residents.

(4)

To promote and encourage shared use/co-location of existing and new communication towers (i.e., the use of multiple antennae operated by different providers on a single tower) as a primary option rather than construction of additional single-use towers or poles.

(5)

To promote and encourage placement of antennae on existing towers, where such siting options exist, and on buildings, where such siting options exist.

(6)

To consider public health, safety, and welfare in the siting of new towers, and to avoid potential damage to adjacent properties from tower or pole failure through engineering and careful siting of tower structures.

It is also the intent of this chapter to limit the siting of telecommunications facilities and towers where they will have the least adverse impact on the community and still comply with the requirements of the Telecommunications Act of 1996 (Public Law No. 104-104, 47 U.S. C. Section 332(c)(7)). These intentions are accomplished with restriction of locations and by enacting controls on height, setbacks, screening, color, and materials in order to minimize visibility and promote public safety and welfare. The regulations in this section are reasonably related to the valid public purposes described in this section.

It is not the intent of the governing body to discriminate among providers of functionally equivalent services or to prohibit or have the effect of prohibiting the provision of wireless services in the county. It is also the intent of the city that applications to place, construct, or modify personal wireless service facilities will be acted upon within a reasonable period of time.

42-95.2.

Applicability. All new communication towers, poles, and communication antennas shall be subject to this section, except that this section shall not govern the following:

(1)

Any tower, or the installation of any antenna, that is 70 feet or less in height and is owned and operated by a federally-licensed amateur radio station operator or ham radio operator from the operator's residence.

(2)

Antennae or towers located on property owned, leased, or otherwise controlled by Habersham County, City of Cornelia, or other municipality, provided that a license or lease authorizing such antenna or tower has been approved by the government.

(3)

Monopole towers 100 feet or less in height located within electrical substations and antennae attached to existing transmission towers.

42-95.3.

Performance and construction standards.

(1)

Structural design. New communication towers or poles and antennae, and modifications to existing structures including, without limitation, the addition of height, antennae or providers, shall be constructed in accordance with applicable federal, state and local regulations.

(2)

Placement restrictions. Towers occupying a lot as a principal use shall at minimum meet the minimum lot size and setback requirements for the zoning district in which the lot is located. Towers shall be a minimum of 300 feet from any residential zoning district and a minimum of 500 feet from any single-family residence not on the site in which the tower is located. The tower shall also be set back from property lines and road rights-of-ways a distance equal to or greater than the tower height. When the tower is on leased property, the setbacks shall apply to the lot of record, not the lease boundaries.

(3)

Screening. The visual impacts of a communication tower at the ground level shall be mitigated by landscaping. All towers and accessory structures shall be surrounded on the ground by a minimum ten-foot wide landscape strip or buffer that forms a hardy screen dense enough to interrupt vision and shield the base and accessory structures from public view and view from the surrounding properties. The buffer shall consist of evergreens that will reach a minimum height of at least six feet within three years.

(4)

Fencing. A black vinyl-coated chain link fence or wall not less than six feet in height from finished grade shall be provided around each communication tower or pole. Access to the tower or pole shall be through a locked gate. The tower or pole shall be equipped with an appropriate anti-climbing device, unless the zoning administrator waives this requirement for alternative tower structures.

(5)

Height. Through approval of a conditional use application, when one is required, the height of the tower may exceed the maximum height limit of the zoning district in which it is located, up to a height of 200 feet, subject to the limitations of this paragraph. Towers shall be the minimum height necessary to provide parity with existing similar tower-supported antenna. No tower, pole, or antenna, whether freestanding or attached to a building or structure, shall exceed 200 feet in height from ground level unless a variance is obtained. To prevail in any variance application to exceed established maximum height limitations of this paragraph, the applicant must successfully demonstrate why the prescribed maximum height is insufficient to provide adequate service, or that a taller tower will be in the community's interest by avoiding the construction of one or more additional towers at a new location.

(6)

Illumination. Communication towers, poles, or antennae shall not be lighted except to assure human safety or as required by the Federal Aviation Administration, Federal Communications Commission, or other federal agency with jurisdiction. Lighting shall be restricted to dual lighting, medium intensity white strobe lights (daylight mode), and red obstruction lights (nighttime mode), unless the FAA or state aeronautics division requires another type of lighting.

(7)

Color and material. Towers clustered at the same site shall be of similar height and design. Communication towers not required to be painted or marked by the Federal Aviation Administration shall have either galvanized steel finish or be painted a non-contrasting color approved by the governing body to minimize the equipment's visibility. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical or closely compatible with the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

(8)

Signs and advertising. No advertising is permitted on a tower or antenna. However, towers shall have mounted in a conspicuous place a sign of not more than one square foot in area, identifying the facility's owner and providing a means of contact in the event of an emergency.

(9)

Co-location. Proposed communication antennas may and are encouraged to co-locate onto existing communication towers. New or additional conditional use approval is not required for the addition of an antenna to an existing approved tower or pole. All towers over 100 feet in height shall have structural capacity and ground or interior space to accommodate multiple users. Towers up to 160 feet shall accommodate at least three users, and towers over 160 feet shall accommodate at least five users.

(10)

Noninterference. No communication tower or antenna shall interfere with public safety communication. Frequency coordination is required to ensure noninterference with public safety system and/or public safety entities.

42-95.4.

Application requirements. Each application for conditional use approval shall include the following, which are in addition to the information required for conditional use applications generally, if required:

(1)

A recorded plat or boundary survey.

(2)

A site plan, based on with topographical information.

(3)

An elevation view, perspective drawing, or simulated photograph of how the proposed telecommunication tower will look from public rights-of-way and surrounding residential streets from which it will be visible once constructed.

(4)

Supporting engineering calculations and information which provide evidence of need and document radio frequency range, coverage area, and tower height requirements. The application must specifically address whether there is a technically suitable space available on an existing tower or other location within the search area (i.e., the grid for the placement of the antenna), and such information shall specifically include the location of all existing towers within a one-mile radius of the site proposed.

42-95.5.

Application processing. Decisions on applications for wireless service facilities shall be made within a reasonable period of time, which shall mean generally that such decisions shall be processed in roughly the same amount of time required for other conditional use applications; provided, however, that the unified planning board and governing body shall each table an application for conditional use for a wireless service facility no more than once before making a recommendation and decision, respectively, unless the applicant does not object to additional continuances.

42-95.6.

Criteria to consider in acting upon applications. In addition to the criteria for determining whether to approve or deny conditional uses, as specified in this chapter, when an application for wireless telecommunication facilities or equipment is considered, the unified planning board and the governing body shall consider the following without limitation:

(1)

Impacts on surrounding properties with regard to aesthetics and fit with the context of its surroundings, considering the location, height, type of facility, color and materials proposed.

(2)

Whether impacts on surrounding properties on aesthetics can be mitigated by a monopole tower, or by a camouflaged tower (e.g., disguised as a pine tree), or by using stealth technology (i.e., making the tower resemble common features such as church steeples, bell towers, clock towers, grain silos, gateway elements, and monuments), or by requiring greater setback from impacted properties.

(3)

Whether the tower or wireless facility would pose an unreasonable risk to adjoining properties, including consideration of a fall area where ice or other debris may fall off the tower without harm.

(4)

The appropriateness of the location of existing towers, poles, and buildings, including electric transmission towers, that might serve as alternative locations to construction of a new tower or pole or placement on a building in a new location. It is the intent that new antennae where possible shall be co-located on existing towers and poles, placed on existing buildings, or be within a concealed support structure (e.g., camouflaged as an artificial pine tree, church steeple, clock tower, grain silo, flagpole, etc.), prior to authorizing the installation of a new non-camouflaged pole or tower. The failure to consider or unwillingness to accept viable options as described in this paragraph may be grounds for denial of a conditional use application for a new tower or pole.

(5)

Whether the application demonstrates compliance with the regulations established in this section.

(6)

Whether the tower would be engineered and constructed to accommodate additional communication service providers (i.e., whether the application provides for co-location as required by this section).

(7)

Whether a denial of the application would have the effect of prohibiting wireless services in the jurisdiction or area or would unduly restrict competition among wireless providers.

In addition, the governing body shall make a decision on the application based on substantial evidence to allow a reviewing court to understand the reasoning behind the decision and whether that reason comports with the evidence presented. To this end, for each application for wireless service facilities, the governing body shall rely on findings of fact in making a decision on said application. Such findings may be part of the recommendation and report of the zoning administrator, the recommendation of the unified planning board, the application and supporting materials submitted by the applicant, testimony from interested individuals, professionals, and the applicant, and any additional findings of fact the governing body may itself determine. Generalized community concerns, unaccompanied by supporting documentation, do not constitute substantial evidence under Section 704 of the Telecommunication Act of 1996 or this chapter.

(Ord. No. 12-22-20, 1-5-2021)

Public utility facilities such as electric substations, shall meet the following:

(1)

Materials storage shall not be permitted.

(2)

Vehicles shall not access the site except for purposes of maintenance, repair, and inspections.

(3)

Structures and uses shall be set back a minimum of 50 feet from any property line, and within the 50-foot setback required along side and rear property lines, a minimum 25-foot wide natural buffer shall be provided. Said buffer shall not extend nearer than 15 feet to any street right-of-way line.

(4)

All apparatus that are considered dangerous by the zoning administrator shall be enclosed by a chain link fence of at least eight feet in height, which shall be screened.

(Ord. No. 12-22-20, 1-5-2021)

(a)

Yard sales, as herein defined, are permitted uses in any residential district, subject to the following requirements:

(1)

A yard sale on a particular property shall not occur more frequently than four times annually.

(2)

The duration of such yard sale shall not exceed 72 hours; and

(3)

Sales must be operated in a manner so as not to be a nuisance to the neighbors or obstruct driveways or sidewalks, etc.

(4)

A permit shall be required.

(5)

Other requirements as specified in chapter 25 of this Code.

(Ord. No. 12-22-20, 1-5-2021)

(a)

Purpose. These regulations are adopted to provide for increased greenspace in the city, and to preserve open land in perpetuity for future generations, while not increasing the overall development levels for the city. The purpose is further to maintain and increase the aesthetic beauty of the city, improve the value of adjacent property, and generally serve to enhance the public health, safety and welfare of the citizens of the city.

(b)

Procedure. A conservation subdivision allows increased residential density in conjunction with the voluntary fee simple grant of undeveloped and undisturbed greenspace to the city or to a land trust acceptable to the city along with a permanent conservation easement. The applicant seeking to develop a conservation subdivision must meet with the zoning administrator and provide a survey of the entire tract, prior to placement of lots and roads. The city and the applicant shall then agree upon the tract to be donated. Where possible, the tract to be donated should connect with other greenspace tracts or trails. A minimum of one-half of the total acreage of the parcel must be donated to qualify for a conservation subdivision.

(c)

Density bonus. In a conservation subdivision, the minimum lot size is reduced by 50 percent from the existing minimum residential lot size under that zoning classification, if sewer is available. If sewer is not to be used for waste disposal, the minimum lot size shall be 50 percent of the existing minimum, or the amount required by the health department, whichever is greater. Side and rear setbacks may also be reduced where necessary to obtain such density bonus, provided that the fire marshal finds that there is adequate fire flow to support the reduced setback.

(d)

Greenspace areas. Greenspace areas shall include, but not be limited to, wetlands, river buffer zones, woodlands, wildlife corridors, pastures, meadows, and similar natural property. Greenspace areas shall be contiguous on the parcel. Greenspace shall be contiguous to other greenspace parcels, public parks, and similarly preserved land where possible. Greenspace land shall be undisturbed and undeveloped. Greenspace must be accessible by a public road.

(e)

Standards. Approval of a conservation subdivision shall be granted or denied by the zoning administrator. The zoning administrator shall consider the following factors: whether the applicant has designated and offered to dedicate appropriate amounts and locations of greenspace; whether the conservation subdivision would be detrimental to the surrounding uses; whether the terrain or location of the property is not suitable for a conservation subdivision, or is not desirable as greenspace; whether the area remaining after dedication of greenspace is suitable for development at the proposed density.

(f)

Approval, post-approval procedure. The zoning administrator shall issue written approval or denial of the conservation subdivision. Upon approval of the conservation subdivision, the applicant shall cause a survey and legal description to be prepared of the greenspace. Greenspace shall be clearly identified on all preliminary plans and all development plans. Greenspace shall be dedicated to the city (or to such land trust as the city may designate) prior to approval of the final plat, by fee simple deed and/or conservation easement preserving the property in perpetuity as greenspace, and in a form approved by the city attorney.

(g)

Alternative greenspace. In order to meet the greenspace requirement for a conservation subdivision, the applicant may propose alternative greenspace at other locations in the city. Any alternative greenspace must be approved by the governing body and upon a finding that the acceptance of alternative greenspace is in the best interest of the public of the citizens of the city.

(Ord. No. 12-22-20, 1-5-2021)

In districts where permitted, manufactured homes (except for those located within mobile home parks existing on the effective date of the ordinance from which this chapter is derived) shall be subject to the following:

(1)

Foundation. The building shall be attached to a permanent foundation constructed in accordance with the building code or state and federal regulations, as applicable.

(2)

Installation regulations. The manufactured home shall be installed in accordance with the installation instructions from the manufacturer, as appropriate.

(3)

Hauling mechanisms removed. The transportation mechanisms, including wheels, axles, and hitch, must be removed prior to occupancy.

(4)

Tie-downs. Each manufactured home shall have tie-downs or other devices securing the stability of the manufactured home and shall be installed in accordance with the requirements of the manufacturer and the regulations of the Georgia Safety Fire Commissioner.

(5)

Skirting. The area beneath the ground floor of the dwelling shall be either a slab foundation or enclosed around the exterior of the building with a foundation wall or non-load-bearing wall constructed of masonry (stone or brick), cast in place concrete, or concrete block finished with stucco or similar architectural treatment, penetrated by openings only for ventilation and access.

(6)

Width. The manufactured home shall consist of two fully enclosed parallel sections and a total width of at least 20 feet.

(7)

Exterior finish. The exterior siding of the manufactured home shall consist of wood, hardboard, stucco, or vinyl siding material.

(8)

Roof pitch and materials. The manufactured home shall have a pitched roof with a slope of at least two feet in height for each 12 feet in width. Roof materials shall be wood shake, tile, asphalt shingle, standing seam/coated metal, or similar material.

(9)

Covered porch or deck. A covered porch, deck, or entry area at least six feet by six feet shall be added for each entrance to the manufactured home prior to occupancy.

(Ord. No. 12-22-20, 1-5-2021)

It is the intent of this section to authorize the zoning administrator to permit temporary uses that are clearly compatible with the uses permitted in the zoning district in which the temporary use is located. To this end, the zoning administrator shall have broad latitude to determine when such temporary uses are compatible, appropriate, and can be approved in a given zoning district.

For any temporary use, the zoning administrator is authorized to require additional installation standards or conditions of establishing the temporary use to ensure compatibility of appearance and functional safety of the temporary use and the site on which it is located. Adequate parking and traffic maneuvering space must be located on the same property as the temporary use.

A special temporary outdoor event shall be considered and approved only on the basis of a site plan and letter of intent reflecting conformance to the above requirements. The application shall address hours of operation, placement of bathroom and other public facilities, parking, and security. The application shall also address whether amplifying equipment will be used and if so police department review and approval shall be required.

A special outdoor event may be authorized subject to permit approved by the zoning administrator, provided that the duration of the event does not exceed 15 consecutive days, and provided further that special outdoor events shall not take place more frequently than twice in any calendar year on the same premises. Any two special outdoor events on the same premises must be separated by at least 30 consecutive days.

On sites where educational or religious facilities are permitted, one or more temporary classrooms, which may be manufactured homes, may be permitted as temporary uses by the zoning administrator, upon application and after the issuance of a building permit, for a public school, private school, or church.

(Ord. No. 12-22-20, 1-5-2021)