Except for junkyards/salvage yards and wrecked motor vehicle compounds as may be permitted by this article, it shall be unlawful to park or continuously store abandoned, wrecked, junked or inoperable vehicles, power-driven construction equipment, used lumber or metal, used appliances, or any other miscellaneous scrap material in quantity that is visible from a public street or adjacent or abutting property. No such storage shall be allowed in front yards. Appropriate screening as determined by the zoning administrator based upon the elevations and uses of surrounding properties may be used to comply with this provision in side and rear yards.

(Ord. of 2-18-2003, § 701)

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

(1)

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

(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 400 square feet of heated floor area shall be provided per occupant. The heated floor area for an accessory apartment shall be at least 400 square feet and shall not exceed 1,000 square feet or the size of the principal dwelling, whichever is less.

(4)

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.

(5)

The county health department 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.

(6)

Unless incorporated into an existing accessory structure, such as a garage, detached accessory apartments shall be allowed in rear yards only and shall be setback a minimum of 20 feet from any property line.

(Ord. of 2-18-2003, § 702)

Accessory buildings and uses shall be permitted only in side or rear yards, unless otherwise specifically provided by this article. Accessory buildings and uses shall be permitted only if they meet the following:

(1)

No accessory building shall be erected on a lot prior to the time of construction of the principal building to which it is accessory.

(2)

Only two accessory buildings shall be permitted on a residential lot.

(3)

Accessory buildings and uses shall be setback a minimum of ten feet from any lot line.

(4)

Where an accessory building is structurally attached to the principal building, it shall be subject to and must conform to all regulations applicable to the principal building.

(5)

In the case of double frontage lots, accessory buildings shall observe front yard requirements on both streets.

(6)

Accessory buildings in residential districts shall not be used for any type of commercial operation, whether permanent, part-time or as part of a home occupation.

(7)

No accessory building on a residential lot shall exceed a height of 20 feet.

(8)

Detached accessory buildings shall be located a minimum of ten feet from the principal building on a lot.

(9)

In no instance shall an accessory building exceed the gross ground floor area of the principal building.

(Ord. of 2-18-2003, § 703)

Establishments that sell, rent, or lease automobiles or other vehicles 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.

(Ord. of 2-18-2003, § 704)

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. of 2-18-2003, § 705)

In districts where permitted, community recreation facilities as defined shall be set back at least 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.

(Ord. of 2-18-2003, § 706)

Manufactured homes, metal buildings and structures, other temporary structures, or any structure not located on a permanent foundation, shall not be occupied as a permanent office or for any other use in any district; provided, however, that such manufactured homes, metal buildings and structures, temporary structures and construction field offices may be used for a temporary office or other permitted nonresidential use, subject to the following:

(1)

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

(2)

The permit shall be temporary but renewable once after a period of six months, with a showing of documented construction delays and a good faith effort by the applicant to progress forward on construction;

(3)

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

(4)

Adequate water and sewage disposal for the structure is approved by the county health department or its designee; and

(5)

The manufactured home or temporary structure shall be removed upon the establishment of the appropriate permanent building or structure intended for such use, or the expiration of time for its permissible use pursuant to this section.

The foregoing notwithstanding, nothing contained herein shall restrict the use of metal buildings and structures for use in accordance with the following:

(a)

An approved mini-storage facility located in and built pursuant to all applicable zoning codes and building regulations;

(b)

Residentially zoned lots for uses related to the residential character of the property. Examples of such uses include carports, tool sheds, and storage sheds.

(Ord. of 2-18-2003, § 707; Ord. of 9-18-2018, § 2)

In districts where permitted, day care centers 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. of 2-18-2003, § 708)

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 curbing, 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.

(Ord. of 2-18-2003, § 709)

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 if approved by the mayor and council, a private road that meets public street standards of the city.

(2)

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

(3)

To avoid a monotonous appearance, no more than six townhouse units shall be included in any one building. Any building containing more than three units with common walls must have the roof of each attached unit distinct from the other through separation or offsets in roof design.

(4)

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

(Ord. of 2-18-2003, § 710)

All fences and walls shall conform to the following:

(1)

A permit shall be obtained from the building official.

(2)

No fence or wall shall exceed eight feet in height, except for required retaining walls.

(3)

No fence or wall, except for required retaining walls, shall be erected closer than five feet from a public right-of-way or in such a manner as to obstruct vision on a public right-of-way.

(4)

Barbed wire top strands may be permitted in HB and M-1 zoning districts only.

(5)

These requirements shall not apply to temporary fencing erected around a lot during construction of a building for security or safety or code compliance reasons. All such temporary fencing shall be approved by the building official upon issuance of a building permit and shall be removed upon completion of construction.

(Ord. of 2-18-2003, § 711)

Gasoline pumps and pump islands shall be set back 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 15 feet from any public right-of-way or property line.

(Ord. of 2-18-2003, § 712)

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

(1)

Employment of person not residing in the dwelling is limited to one fulltime employee or two parttime 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 internal or 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 two square feet shall be permitted.

(8)

Use of a building for a home occupation shall not exceed 25 percent of one floor of the principal building. Home occupations are not permitted, in whole or in part, within accessory buildings.

(9)

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

(10)

The following uses are allowed as home occupations (not all inclusive):

a.

Tutoring, consultation and instruction in music, dance, arts, crafts and similar subjects, limited to two students at one time;

b.

Family day care homes;

c.

Professional services (i.e., attorneys, architects, accountants, realtors, insurance and travel agents);

d.

Secretarial services and answering services;

e.

Mail order and general offices not involving storage of equipment, materials or vehicles;

f.

Phone solicitations;

g.

Beauty salons and barbershops limited to two patrons at a time;

h.

Food catering.

(11)

The following uses are specifically prohibited as home occupations (not all inclusive):

a.

Cabinet shops and/or metal cutting;

b.

Doctors, dentists or other medical professions; and

c.

Automobile repair or related work.

(12)

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

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. A home occupation that cannot meet the requirements of this section may apply for approval as a conditional use.

(Ord. of 2-18-2003, § 713)

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

(1)

Amenities. All developments containing 25 or more dwelling units shall have a clubhouse, swimming pool, and tennis court. The number of tennis courts shall be at least one court for developments with 25 to 150 units, two courts for developments with 151 to 250 units, and one additional court per 100 units above 250. All tennis courts shall be constructed as doubles courts, standards size. If at all possible, they shall be constructed in a north/south direction so as to protect the players from the east-rising and west-setting of the sun and provide for maximum hours of usage. The size of the swimming pool shall be a minimum of 800 square feet of water surface for developments with 25 to 125 units and a minimum of 1,200 square feet of water surface for developments with 126 or more units.

(2)

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

(3)

Bedroom requirements and occupancy limitations. At least 40 percent of the units shall be one bedroom. No more than 50 percent of the units can be two bedroom. No more than ten percent of the units can be three bedroom. A one-bedroom unit can house no more than four occupants. A two-bedroom unit can house no more than six occupants. A three-bedroom unit can house no more than seven occupants.

(4)

Building setbacks. Building setbacks for the zoning district in which the property is located must be observed along all exterior property lines. Multifamily dwellings must be setback from private streets or private access drives a minimum of 20 feet. All other interior setbacks for principal buildings shall be as approved by the mayor and council and shown on a site plan per approved conditional use permit.

(5)

Separation between buildings. No principal building shall be located closer than 20 feet to another principal building on the same lot.

(6)

Exterior colors. The exterior colors of all buildings shall be earth tones (i.e., color not very deep nor very light). The color white is prohibited. These provisions shall not restrict the use of white, light, or dark colors on building trims. Colors must be approved by the zoning administrator.

(7)

Landscape plan. Each development must have a landscaping plan prepared by a registered landscape architect and approved by the zoning administrator prior to occupancy of any dwelling.

(8)

Utilities and street lighting. All projects shall be designed and built with streetlights and underground utilities.

(Ord. of 2-18-2003, § 714)

(a)

Noncommercial storage. Other than in a recreational vehicle park or in a commercial storage facility, recreational equipment such as boats, boat trailers, travel trailers, recreational vehicles, pickup campers or coaches, motorized dwellings, motorcoaches, 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.

(b)

Recreational vehicle park design and use. Recreational vehicle parks shall be designed, built and put into use pursuant to the following criteria that shall govern in the event of conflict with any other portion of this chapter:

(1)

Only recreational vehicles, as defined in this article, may be located or stored in a recreational vehicle park along with the tow vehicle if applicable and accessory units (such as, a boat towed on a trailer behind a motorized recreational vehicle). No storage of any vehicle, equipment or item not directly related to a recreational vehicle shall be permitted in a recreational vehicle park.

(2)

All streets and drives shall be paved with gravel, pervious or nonpervious pavement as approved by the director of planning and zoning. All parking pads shall be paved with concrete or asphalt paving as approved by the director of planning and zoning.

(3)

City water and city sewer shall be available to each parking pad site either directly with a hookup at each site or in a central area in the recreational vehicle park.

(4)

Electricity shall be available for direct hookup at each site.

(5)

Cable TV, internet service or other electronic media service may be provided at each site.

(6)

All utilities shall be under ground.

(7)

Garbage bins or dumpsters shall be provided of sufficient capacity for the maximum occupancy of the recreational vehicle park. All garbage bins and dumpsters shall be screened and drained.

(8)

Maximum occupancy of the recreational vehicle park shall be six recreational vehicles per acre.

(9)

No modular, manufactured or mobile homes are allowed in a recreational vehicle park.

(10)

No recreational vehicle (or any accessory vehicle, equipment or item) may remain within a recreational vehicle park for more than 30 days during any calendar year and signs notifying the public of this requirement shall be posted conspicuously at the recreational vehicle park. The owner and/or operator of each recreational vehicle park shall keep written records of the date each recreational vehicle checks into his park. If a recreational vehicle (or any accessory vehicle, equipment or item) is abandoned or left for a period of more than 30 days during any calendar year, the owner and/or operator of each recreational vehicle park has the right and obligation to remove the same from the recreational vehicle park in accordance with this article and state law.

(11)

No vehicle may be attached to the ground or permanently located within the recreational vehicle park. The foregoing notwithstanding, nothing shall prohibit the use of temporary tiedowns to secure a recreational vehicle while it is lawfully located within the recreational vehicle park.

(12)

All structures located within the recreational vehicle park shall be permitted and constructed in accordance with this chapter and the subdivision and land development regulations.

(13)

A violation of this article shall constitute a misdemeanor under the jurisdiction of the city court punishable by a fine of up to $1,000.00 and a period of up to 30 days in the common jail of the city, as determined by the discretion of the city court judge.

(c)

Approved conditional use. All existing recreational vehicle parks currently existing within the institutional (INST) zoning district of the city shall be allowed to remain in place as approved conditional uses, but must operate in accordance with this amendment from a use perspective until such time as they are improved in any manner and upon said event must comply with the provisions of this amendment from a development and use perspective along with all other provisions of this chapter.

(Ord. of 2-18-2003, § 715; Ord. of 2-16-2010, §§ 5, 6)

(a)

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

(b)

Storageunit 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 miniwarehouse building shall be more than 200 feet long. Miniwarehouses, where permitted, are limited to single-story buildings except in highway and central business zoning districts.

(c)

Access. Access to ministorage 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.

(d)

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

(e)

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.

(f)

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

(g)

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

(Ord. of 2-18-2003, § 716)

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. The duration of such temporary use and building permit shall not exceed one year, unless an extension is granted by the mayor and council.

(Ord. of 2-18-2003, § 717)

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

(1)

The duration of such yard sale shall not exceed 72 hours.

(2)

A yard sale on a particular property shall not occur more frequently than once every six months.

(Ord. of 2-18-2003, § 718)

For all parcels designated as environmentally sensitive parcels (ESPs) in this section, the following provisions shall apply, notwithstanding any other provisions of this chapter:

(1)

Purpose and intent. Properties designated as ESP in this section have been previously used as a landfill or are known to pose substantial public environmental concerns. The mayor and council hereby finds and declares said parcels identified as ESP to have unstable ground or other situations that require environmental monitoring or compliance. Environmentally sensitive parcels are declared to be unsafe for building without additional technical review.

(2)

Designation of environmentally sensitive parcels. The following properties in the city are hereby designated as environmentally sensitive parcels (ESPs). The zoning administrator shall maintain more detailed information and maps, plats, or descriptions of the parcels and areas specified in the subsections below, which shall be public record.

a.

Parcel number 128-032 of the county property tax records, consisting of approximately 17.72 acres. The property fronts on the south side of Kelly Mill Road near the western city limits.

b.

The subdivision and area known as the Ridge, as identified in the county property tax records, fronting on the southeast side of Ridge Road and including Ridge View Drive and Ridge View Circle, and which more specifically includes the following 18 parcels as shown in the county property tax records: tax assessment parcel number 26 (47), 27 (46), 28 (47 O), 29 (47 P), 30 (47 A), 31 (47H), 32 (47 I), 33 (47 J), 34 (47 k), 35 (47 L), 36 (47 E), 37 (47 F), 38 (47 G), 39 (47 B), 40 (47 C), 41 (47 M), 69 (47 D), and 70 (47 H).

c.

Approximately 10.6 acres fronting on the south side of Mary Alice Park Road and also fronting on Buford Dam Road, and extending in irregular boundaries between these two roads, in land lots 65 and 80, 2nd district, 1st section, Forsyth County.

d.

1.98 acres with 222.64 feet of frontage on the east side of Georgia Highway (SR) 9 north of Buford Dam Road (now or formerly developed as miniwarehouses).

e.

0.918 acres at the southeast corner of Georgia Highway (SR) 9 and Buford Dam Road, with 200 feet of frontage on Georgia Highway (SR) 9 and 200.1 feet of frontage on Buford Dam Road (now or formerly developed as a gas station).

(3)

Permitted uses, land reuse study, and environmental strategy. All parcels designated "ESP" shall be subject to the use restrictions for the zoning district in which the parcel is located, and in addition, shall be subject to the following provisions: Any existing building, structure, or use shall be lawfully continued, but it shall not be expanded, repaired, or rebuilt except in conformity with this section. No new building or structure shall hereafter be erected, and no new use shall be established, nor shall any existing building, structure, or use be expanded, repaired, or rebuilt, until a land reuse study and environmental strategy are submitted by the applicant for said building, structure, or use, and approved by both the zoning administrator and the city attorney. The zoning administrator and city attorney shall have discretion in determining the appropriate contents of the land reuse study and environmental strategy. The intent of this section is that land reuse studies and environmental strategies shall specifically address the suitability of the proposed building, structure, or use on the parcel given its prior use, the stability of the ground, and the potential risk to the proposed buildings or structures and any occupants of any proposed buildings or structures, or proposed use established, on the site. The zoning administrator and city attorney may specifically require the submittal of geotechnical or other engineering information prepared by a qualified professional (e.g., geotechnical engineer) as determined by the zoning administrator which must be based on tests or test samples of the parcel conducted by said qualified professional. Furthermore, such environmental strategy may be required to address toxins, methane gas, or any other environmental issues that are likely to occur or be present as a result of the prior use of such parcel. The environmental mitigation or remediation recommended by said qualified professional may be made a condition of any building permit.

(Ord. of 2-18-2003, § 719)

Full-service restaurants serving food or beverages utilizing nondisposable dishware must have a commercial dishwasher installed per the 2000 SBCCI International Building Code or the latest adopted edition of such code.

(Ord. of 2-18-2003, § 720; Ord. of 5-17-2005(01), § 15)