11.1

Corner visibility. On a corner lot in any zoning district nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of 2½ and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 50 feet from the point of the intersection.

11.2

Off-premises signs. The following regulations shall apply to all off-premises signs:

1.

Off-premises signs are permitted in C-1, I-1, and A-1 zoning districts.

2.

Off-premises signs shall be permitted on a standard sign, which does not exceed five feet by ten feet, is constructed of 20-gauge sheet metal painted on each side, and is supported by metal tubing posts of the type specified by the standard building code.

3.

There shall be a minimum distance of 800 feet between all off-premises signs.

11.3

Off-street parking. In C-1, C-2, and I-1 zoning districts, off-street parking spaces for the storage and parking of motor vehicles for the use of occupants, employees, and patrons of the buildings hereafter erected, or enlarged after the effective date of these regulations, shall be provided as herein prescribed. The remodeling or alteration of present buildings would be exempt from these provisions if (1) the exterior dimensions are not changed and (2) any increase in floor space is confined within the basic structure. Required parking spaces shall be hard-surfaced with asphalt or concrete or other suitable hard surfaces. These spaces shall be maintained and shall not be encroached upon so long as said main building or structure remains, unless an equivalent number of such spaces are provided elsewhere in conformance with these regulations. The owner or owners of a building, structure, or other land use requiring off-street parking space must show, to the satisfaction of the Cusseta-Chattahoochee Planning Commission, that he is the record title holder of the property devoted to said principal land use and of the property proposed for off-street parking use, or that he is the lessee of such property.

11.3.1

Requirements for off-street parking:

A.

Area for parking space. For the purpose of this section, 300 square feet of lot area shall be deemed a parking space for one vehicle, including access aisle, except that 180 square feet of lot area which has a direct means of ingress and egress from an alley or street may also be deemed a parking space. Handicap parking spaces must conform to ADA requirements with respect to parking space width and length, handicap signs and handicap symbols.

B.

Fractional requirements. When units or measurements determining number of required parking spaces result in requirement of a fractional space, any fraction up to, and including ½ shall be disregarded and fractions over ½ shall require one parking space.

C.

Loading space limitations. Loading space as required in section 11.4 shall not be construed as supplying off-street parking space.

D.

Location of parking space for one and two family dwellings. The off-street facilities required for one and two family dwellings shall be located on the same lot or plot of ground as the building they are intended to serve, and shall consist of a parking strip, parking apron, and/or garage.

E.

Location of parking space for other land uses. The off-street parking facilities required for all other uses shall be located on the lot or within 500 feet measured in a straight line distance from the front door of the permitted use requiring such off-street parking to the nearest point of the parking facility to the building to be served.

F.

Usable floor area. For the purpose of this section, usable floor area in the case of offices, merchandising, or service types of uses, shall mean the gross floor area used or intended to be used by customers, patrons, clients, patients, owners, and tenants, less 20 percent thereof.

G.

Seating capacity or seats. As used in this section for parking requirements, shall mean that each 21 inches of seating facilities shall be counted as one seat, except that where specifications and plans filed with the Cusseta-Chattahoochee Planning Commission specify a certain seating capacity for a particular building, such specified seating capacity shall be used as the basis for required parking space.

H.

Bed. Whenever the term "bed" is herein referred to, it shall mean such beds as are occupied by the patients or guests of the hospital or building in questions, provided however, that bassinets and incubators shall not be counted as beds.

I.

Similar uses and requirements. In the case of a use not specifically mentioned, the requirements for off-street parking facilities for a use which is so mentioned, and which said use is similar, shall apply.

J.

Existing off-street parking at effective date of regulations. Off-street parking existing at the effective date of these regulations which serves an existing building or use, shall not be reduced in size less than that required under the terms of these regulations.

K.

Collective provisions. Nothing in this section shall be construed to prevent collective provisions of off-street parking facilities for two or more buildings or uses, provided such facilities collectively shall not be less than the sum of the requirements for the various individual uses computed separately.

L.

General use conditions. The requirements of maintaining vehicle storage or parking space is to provide for the public safety in keeping parked cars off the street, but such requirement is not designed to provide, and it shall be unlawful to permit the storage or parking on such open land of wrecked or junked cars, or for creating a junk yard or a nuisance in such area.

M.

Required barriers. When off-street parking spaces or access aisles are located adjacent to the right-of-way line of a public street or alley, a concrete or asphalt curb measuring six inches in height shall be placed along the edge of the parking space or access aisle for the purpose of preventing vehicle encroachment onto the street or alley right-of-way.

N.

Off-street parking in residential districts. A lot which is zoned R-1 shall not be used as a private drive or private street giving vehicle access to any commercial, office or industrial building.

O.

Access to unpaved alleys. It is the policy of the commission of the Unified Government of Cusseta-Chattahoochee County, Georgia that the primary means of access to a residential structure should be from a street or paved alley, not from an unpaved alley. To that end the following regulations will apply to construction of a single-family residence or two-family residence on a new lot in a subdivision.

1.

When a single-family residence or two-family residence (duplex) is to be constructed on a lot that is adjacent to an unpaved alley, the off-street parking provided for that residential structure shall have direct access to a street. This will not, however, prevent a resident from having access to an unpaved alley for occasional vehicle use.

2.

No structure (utility building, garage, storage building, wall, fence, greenhouse, swimming pool, etc.,) or addition to an existing building may be constructed if the structure or addition will impede access between off-street parking spaces and a road. If, however, the adjoining alley (entire length) is paved, then the construction of such a structure or addition will be permitted.

3.

When a single-family residence or duplex is to be constructed on a lot that is adjacent to a paved alley, the off-street parking provided for that residential structure may have direct access to the adjacent paved alley. The off-street parking provided for a multiple family dwelling may have direct access to an alley only if that alley has been paved in accordance with Cusseta-Chattahoochee County's road construction specifications.

4.

Exceptions from the general policy. Under either or both of the conditions listed below, the county engineer and the Cusseta-Chattahoochee County Planning Commission may jointly allow a single-family residence or duplex to have direct access to an unpaved alley:

a.

The shape, size or topography of the lot make front yard parking impractical or infeasible.

b.

The location, size and shape of existing buildings or structures on the lot make front yard parking impractical or infeasible. Aesthetic consideration shall not be sufficient justification to permit authorization of a driveway that does not meet the requirements of this ordinance.

5.

In all of the paragraphs above, the term "direct access" refers to a well-defined driveway leading from parking pad to street or alley.

11.4

Off-street loading requirements. On the same premises with every building, structure or part thereof, erected and occupied for manufacturing, storage, warehouse, truck freight terminal, goods display, department store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning or other uses similarly involving the receipt or distribution of vehicles, materials or merchandise, there shall be provided and maintained on the lot adequate space for standing, loading and unloading services in order to avoid undue interference with public use of the street or alleys.

11.4.1

Requirements for off-street loading and unloading space. Such loading and unloading space, unless otherwise adequately provided for, shall be an area ten feet by 50 feet, with 15-foot height clearance, and shall be provided according to the following schedule:

11.5

Access to streets. The following regulations shall govern ingress and egress to all lots in all zoning districts:

1.

A point of access, i.e., driveway, width for an entrance or exit point, shall not exceed 25 feet in width provided the point of access does not exceed 50 percent of the frontage on the street.

2.

The number of access points for each lot shall be governed by the width of lot frontage as follows:

3.

No two access points on the same lot frontage shall be closer than 30 feet from their nearest edges.

4.

Prior to any curb cut or driveway cut, a permit must be obtained from the public works department. If a driveway pipe is requested, the applicant must bear the cost of the pipe and its installation.

5.

Where access to a state or federal highway is controlled by regulations other than those stated herein, those rules and regulations shall prevail, whichever is more restrictive.

11.6

Accessory buildings. An accessory building may be erected either attached or unattached to a principal building on the same lot (other than a mobile home park). An attached accessory building shall be considered part of the principal building and shall comply with the requirements of the district in which it is located.

11.7

Drainage.

1.

Storm sewers: Storm sewers and drains shall be provided in each subdivision. They shall be designed to carry not less than the stormwater accumulated from a rainfall expected to occur once in 25 years, with a runoff of 90 percent for pavements and buildings and a variable runoff factor depending upon topography or ground for other purposes. Storm drain pipes shall consist of reinforced concrete, bituminous coated corrugated metal or bitumized fiber pipe. The storm sewer system shall be designed and sized to accommodate and provide for future extensions. The entire storm sewer system shall be approved by the county engineer or the duly appointed agent of the commission of the Unified Government of Cusseta-Chattahoochee County prior to its installation.

2.

Drainage swales and ditches: All drainage swales and ditches must be a minimum of six feet wide with a 4:1 slope on each side. They must be constructed of sod, asphalt or concrete sufficient to prevent erosion.

3.

Driveways, masonry mailboxes: All driveways shall slope away from streets or roads. No masonry mailboxes will be allowed on roads and streets where the posted speed limit exceeds 30 MPH.

11.8

Storage of certain vehicles and equipment. The storage of certain vehicles and equipment (defined as motor vehicles eligible for licensed road use with license plates two years old or older) is prohibited in residential districts for time periods in excess of 72 hours unless such vehicles and equipment are stored in a carport, enclosed building, or behind the nearest portion of a building to a street.

11.9

Airports. Proposed public airports shall be so located and of sufficient size to meet Federal Aviation Agency requirements and not constitute a nuisance to surrounding uses.

11.10

Reserved.

11.11

Customary home occupations. Customary home occupations are allowed in all residential districts provided the home occupation is conducted entirely within a dwelling by the residents thereof, which is secondary to the use of the dwelling for residence purposes and shall be subject to the following conditions:

1.

A home occupation shall be limited to the gainful occupation or profession conducted by members of the family residing entirely within the dwelling unit.

2.

No external alterations shall be made which are not customary to dwellings.

3.

The entrance of the space devoted to customary home occupation may be from within the building or a private outside entrance.

4.

One non-illuminated signs having an area of not more than nine square feet is allowed.

11.12

Manufactured housing unit compatibility.

1.

Definitions. The following words, terms, or phrases, when used in this ordinance, shall have the meanings ascribed to them in this section:

(a)

Applicant means any person seeking to install a pre-owned manufactured home in the jurisdiction of the Unified Government of Cusseta-Chattahoochee County.

(b)

Building inspector means the person appointed, employed, or otherwise designated by the director of county public works; the county building official or any of his or her assistants; and any licensed home inspector or the county building inspector where the pre-owned manufactured home is located.

(c)

Certificate of occupancy means a document issued by the county public works director or his/her designee certifying that a pre-owned manufactured home is in compliance with applicable requirements set forth by this section, and other applicable zoning ordinances and indicating it to be in a condition suitable for residential occupancy.

(d)

Guarantee of condition bond means a surety bond to guarantee that the affidavit and photographs required by paragraphs (1) and (2) of subsection (a) of this section reasonably portray or represents the existing condition of the pre-owned manufactured home proposed for relocation. In lieu of the bond, a cash deposit may be deposited with the county.

(e)

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

(f)

Jurisdiction means the areas of the Unified Government of Cusseta-Chattahoochee County, Georgia.

(g)

Manufactured home means a structure, transportable in one or more sections, which, in the traveling mode, is 16 body feet or more in width or a minimum of 12 feet in width if placed in a (an) MHU-1 Zone or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq.

(h)

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

2.

Conditions.

(a)

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

(b)

Conformity within urban residential districts. Manufactured homes shall only be permitted in districts R-1 and R-3 where such homes constitute a majority of residences within the surrounding area.

3.

Permitting, inspection, certificate of occupancy and fees. A permit shall be required to locate a pre-owned manufactured home in the jurisdiction. All permits shall be issued within five days of receipt of all items listed in (a)(1)—(4) of this section.

(a)

Permit. To obtain a permit, applicants shall provide to the county public works director or his/her designee:

(1)

An affidavit signed by the applicant that the pre-owned manufactured home meets health and safety standards required by this ordinance;

(2)

Photographs of the interior and exterior of the pre-owned manufactured home providing evidence that home meets the minimum health and safety standards of section 4 of this section and the provisions of Section 11.12 of Ordinance No. 2008-1 except as to age.

(3)

A $1,000.00 refundable guarantee of condition bond or $150.00 refundable cash deposit to be held by the county; and

(4)

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

(b)

Inspection. Upon receipt of a permit, applicants may relocate the manufactured home on a residential site for the purposes of inspection. Applicant shall arrange for an inspection to be held once the installation of the manufactured home is complete.

(c)

Certificate of occupancy. A certificate of occupancy shall be issued to the applicant at such time that the building inspector certifies that the requirements of all ordinances have been met.

(d)

Fee. A permit and inspection fee of $50.00 shall be charged to the applicant to cover the cost to the county to process the permit application. The applicant will be responsible for fees by private inspectors and/or out of county building inspectors.

(e)

Alternative inspection. If the manufactured home is outside the Unified Government of Cusseta-Chattahoochee County the building inspector shall inspect a pre-owned manufactured home prior to its being relocated.

(f)

All of the provisions of Ordinance No. 2008-1 Section 11.12 remain in full force and effect except as to age of the manufactured housing unit.

4.

Minimum health and safety standards. All preowned manufactured homes shall comply with the following before being issued a certificate of occupancy by the building inspector:

(a)

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

(b)

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

(c)

Exterior condition. The exterior of all pre-owned manufactured homes shall be free of loose or rotting boards or timbers and any other conditions that might admit rain or moisture to the interior portions of the walls or to occupied spaces. The exterior siding shall be free of rot and rust. Roofs shall be structurally sound and have no obvious defects that might admit rain or cause moisture to collect on the interior portion of the home. The provisions of Section 11.12 of Ordinance No. 2008-1 remains in full force and effect except as to the age of the manufactured home.

(d)

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

(e)

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

(f)

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

(g)

Hot water supply. Each home shall contain a water heater in safe and working condition.

(h)

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

(i)

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

(j)

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

(k)

All of the provisions of Ordinance No. 2008-1, Section 11.12 shall remain in full force and effect except as to age of the manufactured housing unit.

(l)

Skirting. All manufactured housing units shall have suitable skirting between the base of the unit and the ground with suitable ventilation. Suitable skirting shall be made of a sturdy material such as vinyl, concrete blocks, or metal sheets. Vinyl skirting, if used, must be a minimum of 5mm thick and supported by a frame. Wood frame support, if used, must be pressure treated, and a minimum of 24 inches on center. Material used as skirting must be the same kind and color all the way around the home. Skirting must be maintained in good condition.

5.

Enforcement.

(a)

Permanent connection to utilities shall not be approved until the county public works director or his/her designee has issued a certificate of occupancy.

(b)

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

(c)

The guarantee of condition bond or cash deposit will be forfeited after 90 days from the date of inspection, unless all conditions and standards are met prior to the end of the 90 days or an extension has been issued in writing by the county public works director or his/her designee.

6.

Penalties. Failure to remove a pre-owned manufactured home from the jurisdiction upon failure to receive a certificate of occupancy shall be punishable by a fine as provided by Chapter 1, section 1-8 of the Code of Ordinances of the Unified Government of Cusseta-Chattahoochee County. Each day any violation under this ordinance continues shall be considered a separate offense.

11.13

Swimming pools. The following regulations shall apply to swimming pools:

Private swimming pools may be established in agricultural and residential zoning districts provided they are to be used solely by the occupants of the property on which it is [they are] located and their guests.

See CORD section 8.4 for commercial swimming pools.

11.14

Gasoline service stations. The following regulations shall apply to all gasoline service stations:

1.

There shall be a building setback from all street right-of-way lines a distance of not less than 50 feet, and the canopy of the gasoline building not less than 15 feet to any street right-of-way line. Other yard setbacks shall conform to the zone in which the station is located.

2.

Gasoline pump islands shall not be located closer that 15 feet to any street right-of-way line; however, when pump islands are constructed perpendicular to the pavement edge, the pump island shall be located not less than 30 feet from the right-of-way lines. Georgia Department of Transportation regulations take precedence over these requirements for service stations abutting Georgia Department of Transportation right-of-way.

11.15

Condominium, townhouse, and multi-family housing development. The following regulations shall apply to all condominium and townhouse development:

1.

The applicant shall submit a site plan, front elevation and typical floor plan of the proposed units.

2.

Each unit shall be independently served by separated utilities and services and, if multistoried, shall be serviced by interior stairways.

3.

Accessory structures shall be located in the rear yard only.

4.

No vehicular entrance or curb cut shall be permitted to the front of any individual townhouse or condominium unit.

5.

A permit for the construction of condominium or townhouse development shall be issued in accordance with the regulations set forth after evidence has been presented in the form of proposed deed covenants and restrictions requiring the maintenance of jointly owned areas.

11.16

Inert landfill. Permits for inert landfills must be approved by the appropriate state agencies. Notifications of adjacent property owners must be made prior to approval by the unified commission of Cusseta-Chattahoochee County. Inert landfills approved by the appropriate state agency for handling such permits and operations will be allowed to operate provided said operation is not expanded. Any such expansion must have all necessary approvals with notifications of intent, to all adjacent property owners.

(U.G. Ord. No. 2008-01, 3-4-2008; U.G. Ord. No. 2010-4, §§ 1—6, 12-7-2010; U.G. Ord. No. 2021-2, 9-7-2021; U.G. Ord. No. 2021-3, §§ II, III, 9-27-2021)