The purpose of this article is to establish commercial land use districts by defining their characteristics and prescribing development standards.

(1)

Design standards. In all commercial districts except C-HI and C-IR, the following exterior finish products shall be prohibited, except as minor accent features, on buildings 200 square feet or greater in gross floor area: metal, vinyl, standard concrete block, and EIFS stucco. Acceptable exterior finish products shall be brick, stone, hard-coat stucco, or other material determined to be appropriate by the community development director or his or her designee.

(2)

Maintenance requirements. Developments in commercial districts shall comply with the site maintenance requirement set forth herein after a certificate of occupancy or certificate of completion for accessory structures has been issued. The owner shall be responsible for these requirements regardless of any tenant relationship or any relationship with any other party:

a.

The cleanliness of the entire site shall be maintained by removing any trash, rubbish or other debris deposited at the site.

b.

Landscaping shall be maintained, and dead or damaged plants shall be replaced.

c.

Any damaged elements of a building (including broken windows) and the site (including curb stops, parking stripes and dumpster screening) shall be repaired or replaced if the building or the site becomes dilapidated or in disrepair.

d.

All fire suppression systems, including sprinkler systems, shall be maintained in compliance with applicable local, state, and federal statutes, regulations, and ordinances.

(3)

Outdoor/exterior lighting. All lighting shall be full cutoff fixtures with the exception of special architectural lighting that adheres to the following:

a.

Uplighting shall be shielded by a roof overhang or a similar structural shield.

b.

Luminaires shall be aimed to shield the lamp and its reflective surfaces from off-site view and to prevent light output beyond the building.

c.

A licensed architect or engineer shall stamp a prepared lighting plan that ensures that all exterior lighting adheres to county design standards. Outdoor lighting shall be designed to provide the minimum lighting necessary to ensure adequate safety, night vision and comfort and shall not create nor cause excessive glare upon adjacent properties or public streets or rights-of-way. All light sources shall be located, designed, fitted, aimed, shielded, installed, and maintained to limit illumination only to the target area and shall minimize light trespass. Light sources shall not at any time be directed or angled such that the light emitted from the fixture is focused to a point off the property of the owner of such light fixture.

d.

Light levels. Light levels shall be as follows:

e.

Security and parking lot lighting.

1.

All security and parking lot lighting shall be full cutoff fixtures.

2.

All light fixtures shall be installed so that the light produced is emitted downward.

3.

Light shall not be emitted horizontally from the side of the fixture.

4.

Pole lights shall not exceed 30 feet in height from finished grade.

f.

Sign lighting. See Dawson County Sign Ordinance.

g.

Building lighting and landscape lighting. Building facade lighting and landscape lighting shall be as follows: light fixtures shall be selected, located, and shielded so that direct illumination is focused exclusively upon the building façade, plantings, and other intended site features and away from adjoining properties and the public street and right-of-way.

h.

Architectural lighting.

1.

Uplighting shall be shielded by a roof overhang or a similar structural shield.

2.

Luminaires shall be aimed to shield the lamp and its reflective surfaces from off-site view and to prevent light output beyond the building.

i.

Nonconforming light fixtures. Nonconforming light fixtures shall be allowed as follows:

1.

All light fixtures lawfully permitted and in place before the date of this article shall be allowed to remain. However, any light fixture that replaces a light fixture or any light fixture that is moved shall meet the standards of this article;

2.

Exterior light fixtures that direct light toward a street or parking lot that causes disabling glare to motorists shall be shielded within 90 days of notification from Dawson County so that the light fixtures do not cause a potential hazard to motorists;

3.

Exterior light fixtures that can be adjusted to conform to this chapter without changing the fixture shall so comply within 30 days of notice from Dawson County regarding conforming to the terms hereof; and

4.

New businesses occupying existing structures with nonconforming light fixtures that do not comply with the terms of this article may not replace bulbs or repair offending light fixtures. Instead, the nonconforming fixture(s) shall be replaced.

j.

Submission of plans. All sites of non-residential construction shall provide the Dawson County Community Development Office a lighting plan for the site at the time of submission of plans before the issuance of land development permits or building permits, as applicable. The lighting plan shall include all proposed light fixtures, including light fixtures to be placed upon the building. The lighting plan shall show an overview of the site with light level calculations and foot-candles. The light intensity of each light fixture shall be in accordance with the regulations set forth herein. If light fixtures to be placed upon the building façade cannot be included during the submission of the plans, then the developer/owner/applicant shall show cause regarding why descriptions of the light fixtures cannot be shown at that time. If the cause shown is sufficient, then the planning director may allow the light fixtures to be shown when the developer/owner/applicant submits building plans if the developer/owner/applicant provides a revised lighting plan that provides information regarding the added light generated by such fixtures. All lighting plans submitted shall include a detail sheet, photometric plan, and technical specification of all light fixtures to be installed.

(Res. of 4-7-2023(1); Ord. of 9-18-2025(1), Exh. A, § 43)

Rural business districts are areas where small businesses are established to meet the needs of the rural communities within the county. These establishments are usually located at rural crossroads and on collector roads rather than major arterial roads.

(1)

Permitted principal uses: The following uses are allowed within this district. Uses not listed in this subsection are prohibited in this district. A site-built or modular single-family residence shall be allowed on a vacant C-RB lot with the following restrictions that cannot be varied: minimum 800 square feet heated area; setbacks shall be 25 feet front and rear, ten feet sides; and the residence shall be the main/primary use of the property.

a.

Principal uses that are allowed by right or by special use approval are listed on Table 3.3 in this article.

b.

Restrictions that apply to particular uses allowed by right or special use approval are referenced on Table 3.3 and are contained in section 121-108 of this article.

(2)

Prohibited uses: Uses not listed as permitted uses on Table 3.3 are prohibited in this district. In addition, the following uses are specifically not allowed within this district:

a.

Those uses and activities generating sound, odor, or visual effects, which are reasonably objectionable and noticeable beyond property boundaries.

b.

Non dwelling type structures shall not be connected to utilities and used as a dwelling. Non dwelling structures include, but are not limited to, campers, travel trailers, recreational vehicles, motor homes, busses, storage buildings, and shipping containers.

(3)

Building requirements: The minimum area, yard, height and building requirements of the rural business district shall be as follows:

a.

Minimum lot size: One acre.

b.

Minimum setbacks:

1.

Front yard - 40 feet.

2.

Side yard - 25 feet.

3.

Rear yard - 25 feet.

c.

Maximum building height: No structure shall be higher than 35 feet. The height limitation does not apply to unoccupied and inaccessible architectural features e.g., church spires, belfries, cupolas and domes, parapet walls, monuments, government-owned observation towers, water towers, chimneys, flag poles, and similar structures.

d.

Maximum building size: No building or other use permitted in this district may occupy more than 7,500 gross square feet of floor area.

e.

Buffers: 25 feet undisturbed buffer touching/adjoining a single-family residential district or use.

f.

Traffic impact study: A traffic impact study shall be submitted to the community development director or his or her designee for review prior to submittal of a rezoning or special use application; or prior to submittal of civil (construction) plans for any of the following:

1.

Large scale developments which meet or exceed the thresholds of a development of regional impact as defined by the Georgia Department of Community Affairs; or

2.

Contains more than 50,000 square feet of gross floor area.

The traffic impact study shall be prepared, signed, and sealed by a registered professional engineer. Applicable documents used in the review of submitted traffic studies may include, but not be limited to, the Dawson County Public Works Guide to Traffic Impact Analysis and the current edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual. When a traffic impact study is required as part of a rezoning or special use application, the study shall be reviewed prior to the planning commission by a third-party engineer on behalf of the county. The review findings of the traffic impact study shall be included as part of the county staff analysis for review by the planning commission. The cost for the review of the traffic impact study by the third-party engineer shall be borne by the applicant.

(4)

Full disclosure: All uses shall, as part of any application, provide full disclosure of all hazardous or dangerous products used in their commercial or industrial processes together with an explanation of safety measures, disposal measures and emergency medical and evacuation procedures. Changes in processing or manufacturing after initial disclosure relative to this requirement must be reported to the community development director and fire marshal within 15 days. Information provided herein shall be provided to the emergency medical service, the fire department and the sheriff's department.

(Res. of 4-7-2023(1); Ord. of 9-18-2025(1), Exh. A, § 43)

Community business commercial districts are areas where small businesses are established to serve needs within the local community and primarily of small retail stores and services, and usually located on collector roads rather than major arterial roads.

(1)

Permitted principal uses: The following uses are allowed within this district:

a.

Principal uses that are allowed by right or by special use approval are listed on Table 3.3 in this article.

b.

Restrictions that apply to particular uses allowed by right or special use approval are referenced on Table 3.3 and are contained in section 12-108 of this article.

(2)

Prohibited uses: Uses not listed as permitted uses on Table 3.3 are prohibited in this district. In addition, the following uses are specifically not allowed within this district:

a.

Retail building supply, lumber yards, and similar commercial uses.

b.

Those uses which generate sounds, odors, or visual effects, which are reasonably objectionable.

(3)

Building requirements. The minimum area, yard, setback, and building requirements in the C-CB district are as follows:

a.

Minimum lot size: One acre.

b.

Minimum setbacks:

1.

Front yard - 40 feet.

2.

Side yard - 25 feet.

3.

Rear yard - 25 feet.

c.

Maximum building height: shall not be higher than 40 feet. The height limitation does not apply to unoccupied and inaccessible architectural features e.g., church spires, belfries, cupolas and domes, parapet walls, monuments, government-owned observation towers, water towers, chimneys, flag poles, and similar structures.

d.

Maximum building size: No building or other use permitted in this district may occupy more than 7,500 gross square feet of floor area. Buildings containing more than one business or other permitted use shall be no larger than a total of 15,000 gross square feet of floor area.

e.

Buffers: 25 feet undisturbed buffer touching/adjoining a single-family residential district or use.

f.

Traffic impact study: A traffic impact study shall be submitted to the community development director or his or her designee for review prior to submittal of a rezoning or special use application; or prior to submittal of civil (construction) plans for any of the following:

1.

Large scale developments which meet or exceed the thresholds of a development of regional impact as defined by the Georgia Department of Community Affairs; or

2.

Contains more than 50,000 square feet of gross floor area.

The traffic impact study shall be prepared, signed, and sealed by a registered professional engineer. Applicable documents used in the review of submitted traffic studies may include, but not be limited to, the Dawson County Public Works Guide to Traffic Impact Analysis and the current edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual. When a traffic impact study is required as part of a rezoning or special use application, the study shall be reviewed prior to the planning commission by a third-party engineer on behalf of the county. The review findings of the traffic impact study shall be included as part of the county staff analysis for review by the planning commission. The cost for the review of the traffic impact study by the third-party engineer shall be borne by the applicant.

(4)

Full disclosure. Commercial or industrial uses shall, as part of application, provide full disclosure of all hazardous or dangerous products used in their commercial or industrial processes together with an explanation of safety measures, disposal measures and emergency medical and evacuation procedures. Changes in processing or manufacturing after initial disclosure relative to this requirement must be reported to the community development director and fire marshal within 15 days. Information provided herein shall be provided to the emergency medical service, the fire department and the sheriff's department.

(Res. of 4-7-2023(1); Ord. of 9-18-2025(1), Exh. A, § 43)

Highway business commercial districts are areas along major thoroughfares or major arterial roadways that provide services to transient customers, or serve a wide area, or depend upon the highway to transport materials or customers.

(1)

Permitted principal uses. The following uses are allowed within this district:

a.

Principal uses that are allowed by right or by special use approval are listed on Table 3.3 in this article. A site-built or modular single-family residence shall be allowed on a vacant C-HB lot with the following restrictions that cannot be varied: minimum 800 square feet heated area; setbacks shall be 25 feet front and rear, ten feet sides; and the residence shall be the main/primary use of the property.

b.

Restrictions that apply to particular uses allowed by right or special use approval are referenced on Table 3.3 and are contained in section 121-108 of this article.

(2)

Prohibited uses. Uses not listed as permitted uses on Table 3.3 are prohibited in this district. In addition, the following uses are specifically not allowed within this district:

a.

Those uses and activities generating sound, odor, or visual effects, which are reasonably objectionable and noticeable beyond property boundaries.

(3)

Building requirements. The minimum area, yard, setback, and building requirements in the C-HB district are as follows:

a.

Minimum lot size: One acre except where part of a master plan.

b.

Minimum setbacks:

1.

Front yard - 40 feet.

2.

Side yard - 25 feet.

3.

Rear yard - 50 feet.

(4)

Maximum building height. Buildings designed for human occupancy shall not be higher than 50 feet or four stories whichever is the lesser. The height limitation does not apply to unoccupied and inaccessible architectural features e.g., church spires, belfries, cupolas and domes, parapet walls, monuments, government-owned observation towers, water towers, chimneys, flag poles, and similar structures.

(5)

Screens or buffers. 50 feet undisturbed buffer touching/adjoining a single-family residential district or use.

(6)

Full disclosure. Non-residential uses shall, as part of application, provide full disclosure of all hazardous or dangerous products used in their commercial or industrial processes together with an explanation of safety measures, disposal measures and emergency medical and evacuation procedures. Changes in processing or manufacturing after initial approval relative to this requirement must be reported to the community development director and fire marshal within 15 days. Information provided herein shall be provided to the emergency medical service, the fire department and the sheriff's department.

(7)

Traffic impact study. A traffic impact study shall be submitted to the community development director or his or her designee for review prior to submittal of a rezoning or special use application; or prior to submittal of civil (construction) plans for any of the following:

a.

Large scale developments which meet or exceed the thresholds of a development of regional impact as defined by the Georgia Department of Community Affairs; or

b.

Contains more than 50,000 square feet of gross floor area.

The traffic impact study shall be prepared, signed, and sealed by a registered professional engineer. Applicable documents used in the review of submitted traffic studies may include, but not be limited to, the Dawson County Public Works Guide to Traffic Impact Analysis and the current edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual. When a traffic impact study is required as part of a rezoning or special use application, the study shall be reviewed prior to the planning commission by a third-party engineer on behalf of the county. The review findings of the traffic impact study shall be included as part of the county staff analysis for review by the planning commission. The cost for the review of the traffic impact study by the third-party engineer shall be borne by the applicant.

(Res. of 4-7-2023(1); Ord. of 9-18-2025(1), Exh. A, § 43)

Highway business intensive commercial districts are areas along major thoroughfares or major arterial roadways that provide services to transient customers, or serve a wide area, or depend upon the highway to transport materials or customers. The C-HI district is also suitable for larger-scale commercial uses and light industrial uses that require ample outdoor space for storage, whether equipment, vehicles, or similar.

(1)

Permitted principal uses. The following uses are allowed within this district:

a.

Principal uses that are allowed by right or by special use approval are listed on Table 3.3 in this article.

b.

Restrictions that apply to particular uses allowed by right or special use approval are referenced on Table 3.3 and are contained in section 121-108 of this article.

(2)

Prohibited uses. Uses not listed as permitted uses on Table 3.3 are prohibited in this district. In addition, the following uses are specifically not allowed within this district:

a.

Those uses and activities generating sound, odor, or visual effects, which are reasonably objectionable and noticeable beyond property boundaries.

(3)

Building requirements. The minimum area, yard, setback, and building requirements in the C-HI district are as follows:

a.

Minimum lot size: One acre.

b.

Minimum setbacks:

1.

Front yard - 40 feet.

2.

Side yard - 25 feet.

3.

Rear yard - 50 feet.

c.

Maximum building height: Buildings shall not be higher than 50 feet or four stories whichever is the lesser. The height limitation does not apply to unoccupied and inaccessible architectural features e.g., church spires, belfries, cupolas and domes, parapet walls, monuments, government-owned observation towers, water towers, chimneys, flag poles, and similar structures.

d.

Buffers: 50 feet undisturbed buffer touching/adjoining a single-family residential district or use.

e.

Traffic impact study: A traffic impact study shall be submitted to the community development director or his or her designee for review prior to submittal of a rezoning or special use application; or prior to submittal of civil (construction) plans for any of the following:

1.

Large scale developments which meet or exceed the thresholds of a development of regional impact as defined by the Georgia Department of Community Affairs; or

2.

Contains more than 50,000 square feet of gross floor area.

The traffic impact study shall be prepared, signed, and sealed by a registered professional engineer. Applicable documents used in the review of submitted traffic studies may include, but not be limited to, the Dawson County Public Works Guide to Traffic Impact Analysis and the current edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual. When a traffic impact study is required as part of a rezoning or special use application, the study shall be reviewed prior to the planning commission by a third-party engineer on behalf of the county. The review findings of the traffic impact study shall be included as part of the county staff analysis for review by the planning commission. The cost for the review of the traffic impact study by the third-party engineer shall be borne by the applicant.

(4)

Full disclosure. Commercial or industrial uses shall, as part of any application, provide full disclosure of all hazardous or dangerous products used in their commercial or industrial processes together with an explanation of safety measures, disposal measures and emergency medical and evacuation procedures. Changes in processing or manufacturing after initial approval relative to this requirement must be reported to the planning director and or the fire marshal within 15 days. Information provided herein shall be provided to the emergency medical service, the fire department and the sheriff's department.

(Res. of 4-7-2023(1); Ord. of 9-18-2025(1), Exh. A, § 43)

[The C-PCD district has been removed.] No applications to rezone property to this district will be heard by the planning commission or the board of commissioners. However, other public hearing applications and development permits within those districts shall be accepted.

Commercial planned developments are areas which would otherwise be suited for classification as C-CB, C-HB, or C-OI, but which, due to their size and scope, or the need to provide for a planned or phased development, or the need to combine commercial, institutional, office and/or attached single-family residential within the same planned development, such developments would not otherwise be permitted by the provisions hereof.

Purpose. This district is intended to provide for appropriate planned development of quality mixed use projects by allowing greater flexibility and creativity in the land development process, by undertaking techniques which foster community and pedestrians, by creating roadway and pedestrian connections to residential areas, by minimizing the need for surface parking through compact and efficient land use, providing transitions between high traffic streets and neighborhoods, and thereby achieving the objectives of the Dawson County Comprehensive Plan.

(1)

Permitted principal uses. The following uses are allowed within this district:

a.

Principal uses that are allowed by right or by special use approval are listed on Table 3.3 in this article.

b.

Restrictions that apply to particular uses allowed by right or special use approval are referenced on Table 3.3 and are contained in section 121-108 of this article.

(2)

Prohibited uses. Uses not listed as permitted uses on Table 3.3 are prohibited in this district. In addition, the following uses are specifically not allowed within this district:

a.

Those uses and activities generating deleterious and hazardous sound, odor, or visual effects beyond the boundary of the area proposed for the C-PCD zone.

b.

Automobile sales or storage.

c.

Superstores.

(3)

Requirements and standards for approval.

a.

An application for development as a commercial planned comprehensive development must have a minimum area of ten contiguous acres for strictly commercial proposals. The minimum area required for commercial planned comprehensive developments with a residential component other than second story residential is 30 acres.

b.

The planning commission and the board of commissioners in their review of the proposed development shall consider:

1.

The proper relation between the proposed development and surrounding uses, and the effect of the plan upon comprehensive planning for Dawson County;

2.

The adequacy of existing and proposed street, utilities, and other public services to serve the development; and

3.

The character, design and appropriateness of the proposed land uses and the adequacy of the character, design, and land use to encourage desirable development, including providing separation and screening between uses if desirable.

c.

Maximum building height shall be 50 feet or four stories whichever is the lesser. The height limitation does not apply to unoccupied and inaccessible architectural features e.g., church spires, belfries, cupolas and domes, parapet walls, monuments, government-owned observation towers, water towers, chimneys, flag poles, and similar structures. Cornices on buildings shall align where possible within the development and the height shall transition in a step-down approach when adjacent to residential development.

d.

All C-PCD projects shall have a minimum of two distinct types of land use. A minimum of 50 percent of the project shall consist of either, commercial, office, public, personal service, restaurant, or similar uses. Any residential component shall be limited to townhouses or condominium living space above commercial and offices uses. Land use calculation shall be determined by gross floor area for those projects that contain a vertical mixture of uses, and shall be calculated by the total project land area for those projects containing a horizontal mixture of uses. Separate land uses shall be integrated both horizontally and vertically.

e.

Parking shall be oriented behind or to the side of a building if possible and shared parking shall be incorporated into the design.

f.

If a residential component is included in the proposed development the following requirements apply:

1.

If more than 80 residential units are included then a minimum of one amenity area including at least one pool, clubhouse, and two courts, or an equivalent amenity area;

2.

Commercial and residential components shall be integrally designed to provide vehicular and pedestrian interconnectivity throughout the development;

3.

Townhouse units may be developed up to a maximum density of six units per acre.

g.

Roads:

1.

All roads within C-PCD zoning may be a mixture of public and private roadways with public roadways primarily in commercial areas and private roadways within the residential area of the development.

2.

Private roads must be maintained by a mandatory property owners association formed by the developer.

3.

Private roads must be designated as private roads on all plats, maps, and deeds of the development. A disclosure statement shall be placed in each transfer deed regarding future maintenance responsibility of the private roads.

4.

All private roads within the development shall be built to county standards for public roads.

5.

All roads shall have sidewalks and permanent pedestrian access designed throughout the development and connecting adjoining developments.

6.

Public or private streets shall connect the development to adjacent neighborhoods.

7.

A traffic study shall be required prior to or concurrent with the submittal of the initial land disturbance permit.

h.

Utilities: Access and connection to public water and sewer shall be required for development in the CPCD zone.

i.

Lighting:

1.

Building entrances and parking areas and pathways shall be designed to include pedestrian scale lighting.

2.

Parking area lighting shall have an average of no more than four foot-candles for the projects.

3.

Lights shall be designed so that light is not directed off the site and the fixtures shall be fully shielded or be designed with full cut-off fixtures to eliminate up lighting, spill, and glare.

4.

Illuminance levels at property lines abutting adjoining residential districts shall be a maximum of zero foot-candles.

j.

Open space:

1.

The amount of permanent open space or natural space required shall be no less than 30 percent of the development.

2.

Natural areas including constrained land, swamps, floodplains, wetland areas, steep slopes (45 percent or more for a distance of 100 feet or more), lakes, ponds and streams, may be included as open space; but these areas shall not count for more than 50 percent of the total open space required.

3.

Developments are permitted to utilize low impact design methods for stormwater management and quality when such methods provide additional open space.

4.

Prohibited uses of open space:

i.

Golf courses.

ii.

Roads, and impervious parking areas.

iii.

Agricultural and forestry activities not conducted according to accepted best management practices.

iv.

Use of motorized vehicles, except for maintenance purposes as provided for in the open space management plan or electric carts.

(4)

Review and application procedures.

a.

Pre-application conference. Prior to filing a formal application as a C-PCD, the applicant shall confer with the planning staff in order to review the general character of the plan and to obtain information on projected programs and other matters.

b.

Development plan.

1.

An applicant shall file an application with the planning staff for approval of a commercial planned comprehensive development. In addition to the requirements as enumerated in article X, land use amendments, the application shall be supported by a development plan and written summary of intent and shall show the relation between the proposed development and the surrounding area, both existing and proposed.

2.

The following items shall be presented:

i.

A general location map.

ii.

Existing topographic conditions, including contour interval of no more than two feet based on field surveys or photogrammetric methods;

iii.

The existing and proposed land uses and the approximate location of all buildings, structures and open space;

iv.

The approximate location of all existing and proposed streets and major thoroughfares;

v.

The approximate location of all existing and proposed utilities; including a preliminary utility and drainage plan;

vi.

A legal description of the subject property and a current boundary survey;

vii.

The location and use of existing and proposed, public, semi-public or community facilities such as school, parking, and open areas. The plans should include areas proposed to be dedicated or reserved for community or public use.

c.

Additional information may be required by the community development director to properly evaluate the proposal; the additional information may include the following:

1.

An off-street parking and loading plan; to include a streetscape design;

2.

An economic feasibility study report or market analysis;

3.

A comprehensive traffic study of the area;

4.

A traffic circulation plan within the development;

5.

An environmental impact study.

d.

The land use intent narrative submitted with the development plan shall include the following items:

1.

An explanation of the character of the proposed development, including a summary of acres, development units, and gross density by type of land use;

2.

Minimum standards for floor area, lot size, buffers, open space, yard and spacing requirements;

3.

A development schedule and progression of unit division or staging; if applicable, both residential and commercial portions of the project shall be included in the first phase; and

4.

Proposed agreements, provisions, and covenants, which govern the use, maintenance, and protection of the development and any common or open areas.

e.

A conceptual master drainage plan to identify major forms of detention/retention and to encourage creative water quality and quantity treatment processes shall be provided.

(5)

Approval. An application for approval of a C-PCD will be considered as an application for amendment of the district map and will be subject to the procedures established in article X and this chapter.

(6)

Building and occupancy permits. When application is made therefore, the department, shall issue building permits for buildings and structures in the area covered by the approved development plan if they are in substantial conformity with the approved development plan, the development schedule, and with all other applicable regulations.

(7)

Revision of the development plan. Any major or substantial change in the approved development plan which affects the intent and character of the development, the density or land use pattern, the location or dimensions of streets, or similar substantial changes must be reviewed and approved by the board of commissioners after receipt of the recommendation of the planning commission. A request for a revision of the development plan shall be supported by a written statement justifying the necessity or desirability for such revisions. Notwithstanding the foregoing, the community development director shall have authority to approve minor changes in lot sizes or configurations without prior approval of the planning commission or board of commissioners.

(8)

Design standards. At least five exterior view plans for homes, duplexes, triplexes, and townhomes must be submitted to the community development director or his or designee to be reviewed, approved, and used prior to issuance of final plat or building permit. Exterior view plans for apartment buildings must be submitted to the community development director or his or her designee to be reviewed, approved, and used prior to issuance of final plat or building permit. The following standards shall be required:

a.

The entire front façade of homes, duplexes, triplexes, quadplexes, and townhomes, with the exception of windows, doors, and accent features, shall be masonry brick or stone.

b.

The first three feet in height of the sides and rear of homes, duplexes, triplexes, quadplexes, and townhomes shall consist of a masonry brick or stone water table. The remainder shall be a fiber-cement hardi-board product or similar appropriate product as approved by the community development director or his or her designee. Vinyl, EIFS stucco, and metal siding shall be prohibited.

c.

All sides of homes, duplexes, triplexes, quadplexes, and townhomes must have at least one window. At least one window per side shall be a minimum of two feet in width by three feet in height.

d.

All homes, duplexes, triplexes, quadplexes, and townhomes shall have a covered rear patio, porch, or deck. The covering as well as the concrete slab shall be a minimum of 14 feet in length and ten feet in depth.

e.

At least 50 percent of all sides of apartment buildings shall be masonry brick or stone. The remainder shall be a fiber-cement hardi-board product or similar appropriate product as approved by the community development director or his or her designee. Vinyl, EIFS stucco, and metal siding shall be prohibited.

f.

All sides of an apartment building must have at least three windows, which shall be a minimum of two feet in width by three feet in height.

(Res. of 4-7-2023(1); Ord. of 9-18-2025(1), Exh. A, § 43)

Within the commercial office institutional district, a variety of offices, professional offices, institutions, and public offices not involving the sale, wholesale, storage or processing of merchandise are permitted. No retail sales or wholesale shall be permitted. Areas zoned to this classification are not intended to be retail centers, commercial or industrial activities. Rather, it is the intent of the district to provide locations for a wide range of open, uncrowded sites for offices, professional offices and clinics and institutions. This is district is primarily located along highways and/or major arterial roadways but can also be located in an area dominated by institutions, such as a hospital, where a wide range of support land uses are required.

(1)

Permitted principal uses. The following uses are allowed within this district:

a.

Principal uses that are allowed by right or by special use approval are listed on Table 3.3 in this article.

b.

Restrictions that apply to particular uses allowed by right or special use approval are referenced on Table 3.3 and are contained in section 121-108 of this article.

(2)

Prohibited uses. Uses not listed as permitted uses on Table 3.3 are prohibited in this district. In addition, the following uses are specifically not allowed within this district:

a.

Those uses and activities generating sound, odor, or visual effects, which are objectionable and noticeable beyond property boundaries.

(3)

Building requirements. The minimum area, yard, setback, and building requirements in the C-OI district are as follows:

a.

Minimum lot size. One acre.

b.

Minimum setbacks:

1.

Front yard - 40 feet.

2.

Side yard - 25 feet.

3.

Rear yard - 40 feet.

c.

Maximum building height. Buildings designed for human occupancy shall not be higher than 50 feet or four stories whichever is the lesser. The height limitation does not apply to unoccupied and inaccessible architectural features e.g., church spires, belfries, cupolas and domes, parapet walls, monuments, government-owned observation towers, water towers, chimneys, flag poles, and similar structures.

d.

Buffers. 25 feet undisturbed buffer touching/adjoining a single-family residential district or use.

e.

Traffic impact study. A traffic impact study shall be submitted to the community development director or his or her designee for review prior to submittal of a rezoning or special use application; or prior to submittal of civil (construction) plans for any of the following:

1.

Large scale developments which meet or exceed the thresholds of a development of regional impact as defined by the Georgia Department of Community Affairs; or

2.

Contains more than 50,000 square feet of gross floor area.

The traffic impact study shall be prepared, signed, and sealed by a registered professional engineer. Applicable documents used in the review of submitted traffic studies may include, but not be limited to, the Dawson County Public Works Guide to Traffic Impact Analysis and the current edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual. When a traffic impact study is required as part of a rezoning or special use application, the study shall be reviewed prior to the planning commission by a third-party engineer on behalf of the county. The review findings of the traffic impact study shall be included as part of the county staff analysis for review by the planning commission. The cost for the review of the traffic impact study by the third-party engineer shall be borne by the applicant.

(4)

Full disclosure. Non-residential uses shall, as part of any application, provide full disclosure of all hazardous or dangerous products used in their commercial or industrial processes together with an explanation of safety measures, disposal measures and emergency medical and evacuation procedures. Changes in processing or manufacturing after initial full disclosure relative to this requirement must be reported to the community development director and fire marshal within 15 days. Information provided herein shall be provided to the emergency medical service, the fire department and the sheriff's department prior to the issuance of a certificate of occupancy.

(Res. of 4-7-2023(1); Ord. of 9-18-2025(1), Exh. A, § 43)

Restricted industrial commercial districts are areas where there is manufacturing, processing, fabricating, or other uses, which may generate noise, odors, traffic activity and may require special energy, waste disposal, or other special utility support services.

(1)

Permitted principal uses. The following uses are allowed within this district:

a.

Principal uses that are allowed by right or by special use approval are listed on Table 3.3 in this article.

b.

Restrictions that apply to particular uses allowed by right or special use approval are referenced on Table 3.3 and are contained in section 121-108 of this article.

(2)

Prohibited uses. Uses not listed as permitted uses on Table 3.3 are prohibited in this district. In addition, the following uses are specifically not allowed within this district: cement or asphalt manufacture, steel fabrication industries, petroleum refinishing or bulk storage of highly flammable products, stockyards, or feedlots, slaughtering of animals, paper or wood pulp manufacture, open pit mining, quarrying, or sand/gravel removal operations.

(3)

Building requirements. The minimum area, yard, setback, and building requirements in the C-IR district are as follows:

a.

Minimum lot size. One acre.

b.

Minimum setbacks:

1.

Front yard - 50 feet.

2.

Side yard - 50 feet.

3.

Rear yard - 50 feet.

Additional conditions and requirements for buffers, open space, right-of-way, access, curb cuts, deceleration and acceleration lanes, traffic signals, water, sewer, etc., may be determined and required by the planning commission and board of commissioners.

c.

Maximum building height. Buildings shall not be higher than 50 feet or four stories whichever is the lesser. The height limitation does not apply to unoccupied and inaccessible architectural features e.g., church spires, belfries, cupolas and domes, parapet walls, monuments, government-owned observation towers, water towers, chimneys, flag poles, and similar structures.

d.

Screening. All mechanical equipment, and refuse areas shall be within an enclosed building, or screened by a solid wall at least six feet in height if visible from any right-of-way.

e.

Buffers. 100 feet undisturbed buffer touching/adjoining a single-family residential district or use.

f.

Traffic impact study. A traffic impact study shall be submitted to the community development director or his or her designee for review prior to submittal of a rezoning or special use application; or prior to submittal of civil (construction) plans for any of the following:

1.

Large scale developments which meet or exceed the thresholds of a development of regional impact as defined by the Georgia Department of Community Affairs; or

2.

Contains more than 50,000 square feet of gross floor area.

The traffic impact study shall be prepared, signed, and sealed by a registered professional engineer. Applicable documents used in the review of submitted traffic studies may include, but not be limited to, the Dawson County Public Works Guide to Traffic Impact Analysis and the current edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual. When a traffic impact study is required as part of a rezoning or special use application, the study shall be reviewed prior to the planning commission by a third-party engineer on behalf of the county. The review findings of the traffic impact study shall be included as part of the county staff analysis for review by the planning commission. The cost for the review of the traffic impact study by the third-party engineer shall be borne by the applicant.

(4)

Full disclosure. Applicants shall provide full disclosure of all hazardous or dangerous products used in their commercial or industrial processes together with an explanation of safety measures, disposal measures and emergency medical and evacuation procedures. Changes in processing or manufacturing after initial disclosure relative to this requirement must be reported to the community development director and fire marshal within 15 days. Information provided herein shall be provided to the emergency medical service, and the sheriff's department prior to certificate of occupancy.

(Res. of 4-7-2023(1); Ord. of 9-18-2025(1), Exh. A, § 43)

Purpose. This section lists in matrix charts the uses allowed by right and by special use approval in each commercial zoning district. A listed allowed use is one which is allowed in the zone without any qualifications, except wherever such qualifications may be indicated in this land use resolution. A listed special use is one which may be granted only when certain conditions are met.

In the following chart an "A" means that the use is automatically allowed in the zoning district listed by the abbreviation at the top of the column. An "S" means that the use is allowed only by special use approval. A blank space indicates that the use is not allowed under any circumstances.

Allowed principal uses. A principal use is the specific, primary purpose for which land, or a building is used. Principal uses that are allowed by right or allowed only by special use approval in each zoning district are shown on Table 3.3: Principal Uses Allowed by Commercial Zoning District.

Special uses. Principal uses that are special uses may be granted subject to special use approval following the procedures for amendments as set forth in article X and with consideration of additional review criteria that may be established in this land use resolution.

Restrictions on particular uses. Restrictions that apply to certain principal uses and to certain zoning districts are listed in section 121-108. The restrictions also apply to special uses unless specifically waived or modified as a stipulation of special use approval.

For those uses that have specific restrictions associated with them, a reference is given on the Table 3.3 to the pertinent subsection of section 121-108.

Interpretation of uses. Some degree of interpretation will occasionally be needed. It is not possible to list each, and every variation or name of a given use.

In addition to other generally accepted references and resources, the North American Industrial Classification System (NAICS), published by the U.S. Department of Commerce (current available edition), shall be referred to interpret the definition of uses listed on Table 3.3 to identify similar uses that may be allowed along with each listed use. The NAICS classification number is shown on the tables for each applicable use for reference and interpretation only; the NAICS is not adopted as part of this Code.

In all cases of uncertainty, the determination of whether or not a particular use is allowed in a particular zoning district shall reflect the purpose of the zoning district as stated in this article, both the common and dictionary definitions of the use, and the array of listed uses that are allowed in the district as to their character, traffic volume and intensity, as determined by the community development director.

Table 3.3 Principal Use Table: Commercial Land Use Districts

(Res. of 4-7-2023(1); Ord. of 12-5-2024(1); Ord. of 9-18-2025(1), Exh. A, § 43)

(a)

Purpose. The purpose of this section is to provide land use and development regulations for specific uses that are applicable to sites throughout Dawson County. Unless otherwise noted, these standards are intended to be applied within all zoning districts where the particular uses are allowed, whether by right or through special use approval.

(b)

Animal hospitals, veterinary clinics and kennel businesses require approval as a special use following the procedures for amendments and with due consideration given to all relevant data relating to the public health, safety and welfare including:

(1)

Noise factors that may impact adjacent residential areas,

(2)

Isolating factors, such as topography or buffers, and

(3)

Noxious odors affecting adjacent properties.

(c)

Convenience stores and fresh produce grocers. In the C-RB zoning district, such uses shall not have more than one cash register or check-out counter.

(d)

Fraternal lodges and other civic and social organizations. In the C-OI zoning district, such buildings shall not exceed 10,000 square feet of gross floor area in size.

(e)

Hardware stores, feed stores/farm supply, and nurseries/greenhouses. In the C-RB zoning district, such buildings or structures shall not exceed 5,000 square feet in size.

(f)

Petroleum product storage. The provisions relating to the storage and handling of liquefied petroleum gases shall be those in NFPA 58, Liquefied Petroleum Gas Code, as adopted by chapter 120-3-16, rules and regulations of the safety fire commissioner, as amended.

(g)

Storage facilities. Storage Facilities shall mean mini-warehouses and storage yards, including building materials, timber and lumber, and shall include storage yards for boats, RVs, and self-service storage facilities. Commercial vehicle parking, including tractor-trailer parking, where there is no primary structure and parking is the primary use of the lot, is also classified as a storage facility. A special use is required in all commercial districts with the exception of C-PCD, where the use shall be prohibited.

(1)

In addition to standard commercial buffers, a 40-foot wide landscaped strip fronting the right-of-way shall be required. If abutting a commercial or industrial zoned property, the property shall include a 20 feet wide landscaped strip in the side and rear lot. All landscape strips shall have one tree planted every 20 feet, at least eight feet tall at time of planting. If touching/adjoining single-family residential districts or uses, the applicable buffer still applies and shall remain undisturbed, in addition to a six-foot tall fence to be installed at the buffer.

(2)

When filing for a special use, the applicant shall submit a site plan showing all standard buffers and proposed landscaping, including types of trees to be used.

(h)

Solar farms.

(1)

Freestanding solar panels located on the ground shall not exceed 20 feet in height above the ground.

(2)

Freestanding solar panels shall meet all setback requirements as required for buildings.

(3)

Solar farms shall be located on parcels greater than five acres.

(4)

A 20-foot undisturbed buffer shall be provided along the property boundary of the solar farm.

(i)

Gasoline service stations. Gasoline pump islands shall not be located closer than 25 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 40 feet from the right-of-way lines.

(Res. of 4-7-2023(1); Ord. of 9-18-2025(1), Exh. A, § 43)

(a)

Purpose and intent. The supplemental wireless communication facility regulations of this section shall be applied within the constraints of state and federal law, the federal Telecommunications Act of 1996 and Section 6409 of the federal Middle Class Tax Relief and Job Creation Act of 2012. This section is to establish guidelines for the siting of all wireless, microwave towers, common carrier towers, cellular, television and radio telecommunications towers and antennas. The regulations and requirements set forth herein are adopted for the following purposes:

(1)

To provide for the location of communication towers and communication antennas in Dawson County;

(2)

To affect the 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 of Dawson County;

(4)

To promote and encourage shared use/co-location of existing and new communication towers as a primary option rather than construction of additional single-use towers;

(5)

To recognize the public interest obligations for eligible telecommunication carriers to deploy infrastructure that can provide broadband service in addition to voice service; and

(6)

To consider public health, safety, and welfare.

(b)

Wireless communication facility definitions. The equipment and network components necessary to supply wireless communications service, excluding the underlying wireless support structure. The term includes antennas, accessory equipment, transmitters, receivers, base stations, power supplies, cabling and associated equipment necessary to provide wireless communications services.

(1)

Carrier on wheels. A portable self-contained wireless facility that can be moved to a location and set up to provide wireless services on a temporary or emergency basis. A COW is normally vehicle-mounted and contains a telescoping boom as the antenna support structure.

(2)

Co-location. The placement or installation of wireless communication facilities on existing structures, including electrical transmission towers, water towers, buildings and other structures customarily used for and capable of structurally supporting the attachment of wireless communication facilities in compliance with all applicable codes and regulations.

(3)

Concealed wireless facility. Any wireless communication facility that is integrated as an architectural feature of an existing structure or any new wireless support structure designed to camouflage or conceal the presence of antennas or towers so that the purpose of the facility or wireless support structure is not apparent to a casual observer.

(c)

Applicability.

(1)

All new communication towers and communication antennas in Dawson County shall be subject to these regulations and all other applicable regulations and shall require special use approval following the procedures for amendments as set forth in article X in this land use resolution. For purposes of measurement, communication tower setbacks and separation distances as set forth in this article shall be calculated and applied irrespective of county and municipal jurisdictional boundaries.

(2)

All legally existing communication towers and communication antennas [] shall be considered legal nonconforming uses, allowed to continue their usage as they presently exist; provided however, anything other than routine maintenance, including without limitation, structural modifications including provisions for additional antennas or additional providers and/or new construction on an existing communication tower, shall comply with the requirements of this article with the exception of separation distances. Routine maintenance shall be permitted on such existing towers.

(3)

The performance and construction standards provided for in this article shall apply to all new communication tower construction including such construction that shall occur in areas zoned under the commercial tower zoning designation established by the Land Use Resolution of Dawson County, now repealed.

(4)

All government towers with public safety systems or equipment shall be exempt from the requirements of this subsection. However, private facilities and structures proposed for placement on governmentally owned property shall not be exempt.

(5)

This chapter shall not govern any tower, or the installation of any antenna, that is 35 feet or less in height and is owned and operated by a federally licensed amateur radio station operator from the operator's residence.

(d)

General requirements.

(1)

Principal or accessory use. A tower and/or antenna is considered a principal use if located on any lot or parcel of land as the sole or primary structure and is considered an accessory use if located on a lot or parcel shared with a different existing primary use or existing structure. An existing use or structure on the same lot or parcel shall not preclude the installation of an antenna or tower. For purposes of determining whether the installation of a tower or antenna complies with zoning district requirements, including but not limited to set-back, buffer, and other requirements, the dimensions of an entire lot or parcel shall control, even though the antenna or tower may be located on a leased area within such lot or parcel. Towers that are constructed and antennas that are installed, in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure. Accessory structures to the tower are for that of the facility only, no offices, vehicles or material storage is allowed in structure.

(2)

Inventory of existing sites. To facilitate the co-location of antennas, each applicant looking to locate a new tower, alternative tower structure or antenna, or to modify any such existing structure, shall provide to the department of planning and development an inventory of applicant's existing towers or alternative tower structures. Applicants seeking to erect an amateur radio tower or antenna as defined by Federal Communications Commission (FCC) regulations shall be exempt from this provision. The inventory shall include all such structures that are within the jurisdiction of the governing authority; within a municipality located, in whole or in part, within Dawson County; and within a one mile border of Dawson County, and shall include specific information about the location (latitude and longitude coordinates), height, design, tower type and general suitability for antenna co-location of each tower, and other pertinent information as may be required by the department of planning and development. The department of planning and development may share such information with other applicants for a communication tower permit under this chapter or other organizations seeking to locate towers or antennas within the jurisdiction of the governing authority, provided, however that the department of planning and development is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

(e)

Application requirements.

(1)

Each special use application shall include a scaled site plan with topographical information, an elevation view, and other supporting drawings, calculations, and documentation.

(2)

The site plan must include setbacks, drives, parking, fencing, landscaping, adjacent uses, also the distances to all structures within 1,000 feet, and any other information necessary to review the request.

(3)

Documentation of radio frequency range, coverage area, and tower height requirements.

(4)

Documentation of all hazardous and/or flammable materials that may be located on site, their quantity and method of storage.

(5)

Location and height of all existing towers owned by the applicant inside of and within one mile of the boundary of Dawson County.

(6)

New freestanding communication towers and communication antennas shall not be allowed unless the applicant makes an affirmative showing based on competent substantial evidence that:

a.

Existing towers and buildings do not technologically afford the applicant the ability to provide service to the service area of the applicant or service provider, and

b.

The geographical boundaries of the proposed service area cannot technologically be bifurcated to avoid the necessity for a freestanding tower/antenna, and

c.

There exists a present demand and formal commitment by a minimum of one wireless provider (may be that of the applicant) to locate at the proposed site.

(7)

All wireless telecommunications applications that are located on rooftops or water tanks must be able to adhere to the following aesthetic criteria:

a.

Camouflage radome material.

b.

Paintable.

c.

Dual Polarized Antenna if camouflage and painting is unavailable.

d.

No roof top MW dish may exceed four feet in diameter.

e.

Antennae placed on rooftops should be setback from the roof edge at a 1:1 ratio to the height of the antenna.

(8)

The applicant shall hold a "balloon test" prior to the public hearing on the application meeting the following requirements:

a.

The applicant shall arrange to fly, or raise upon a temporary mast, a brightly colored balloon, which is a minimum three-foot in diameter and a minimum ten-foot in length at the maximum height of the proposed telecommunications facility.

b.

The dates, (including a second date, in case of poor visibility on the initial date) times and location of this balloon test shall be advertised by the applicant seven and 14 days in advance of the first test date in a newspaper with a general circulation in the county. The applicant shall inform the director, in writing at least ten days in advance, of the dates and times of the test.

c.

The balloon shall be flown for at least five consecutive hours between 7:00 a.m. and 4:00 p.m. on the dates chosen.

d.

Pictures shall be taken of the balloon from approximately 200 feet away from the base location of the balloon from the east, west, north, and south.

(9)

If the telecommunications tower is federally funded, licensed, or permitted a Section 106 review is required pursuant to the National Historic Preservation Act to establish the effect, if any, on historic resources.

(f)

Zoning requirements. Communication towers and communication antennas are considered special uses and upon proper application and approval may be permitted in the following zoning categories:

(1)

C-CB.

(2)

C-HB.

(3)

C-PCD.

(4)

C-IR.

(5)

R-A, if proposed to be located on a single lot or parcel of not less than five acres in size.

(6)

C-RB.

(7)

CT, if zoned prior to May 1, 2010.

(g)

Performance and construction standards.

(1)

Structural design. New communication towers/antennas and modifications to existing structures including, without limitation, the addition of height, antennas or providers shall be constructed following all applicable Building Codes and shall meet or exceed current standards and regulations of all applicable Federal, State and Local authorities. Lattice tower structures, self-supporting or guyed structures are prohibited.

(2)

Setbacks. Communication tower/antenna setbacks shall be measured from the base of the tower/antenna or protruding building structure at the base of the tower, whichever is closest to the property line, to the property line of the parcel on which it is located. Communication towers/antennas and their accessory structures shall comply with the minimum lot and setback requirements of the district in which they are located. In cases where there is a conflict between the minimum lot setback and street setback requirements, the greater setback shall apply. Guy wires and support anchors of existing towers are required to meet setbacks; they shall not extend outside of the property line and must be contained within the fenced area of the tower site.

(3)

Separation from residential uses. Separation requirements for communication towers from residentially zoned lands, as outlined in article III of this resolution except those lands zoned R-A, or residential uses shall be a minimum of 195 linear feet. Communication tower separation shall be measured from the base of the tower to the closest point of off-site uses.

(4)

Separation distances between communication towers. Separation distances between communication towers shall be applicable for and measured between the proposed tower and those towers that are existing and/or have received land use or building permit approval from the county. The separation distances shall be measured by drawing or following a straight line from the base of the existing tower to the base of proposed tower, pursuant to a site plan, of the proposed tower. Minimum separation distances (listed in linear feet) shall be as follows:

Separation Requirements By Tower Types

(5)

Fencing. A chain link fence or wall not less than six feet in height, from finished grade equipped with a suitable anti-climbing device shall be provided around each communication tower compound. Access to the tower shall be through a permitted driveway and the gate shall be locked.

(6)

Landscaping. Landscaping shall mitigate the visual impacts of a communication tower compound. Where adequate vegetation is not present, tower facilities shall be landscaped with a landscape buffer that effectively screens the view of the tower compound. The use of existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for or in supplement towards meeting landscaping requirements.

a.

Landscape buffers shall be a minimum of ten feet in width and located outside the fenced perimeter of the tower compound; and

b.

A row of trees a minimum of eight feet tall (planted height) and a maximum of 20 feet apart shall be planted around the perimeter of the fence; and

c.

A continuous hedge at least 30 inches high at planting and capable of growing to at least 36 inches in height within 18 months shall be planted in front of the tree line referenced above; and

d.

All landscaping shall be of the evergreen variety and conform with landscape standards to be approved by planning and development office at the time of permitting.

e.

If existing foliage is to be used as buffer, it must be labeled and incorporated into the site plan, reviewed, and approved through planning and development office.

f.

Upon final installation of new trees, shrubs or other landscape material planted to meet the requirements of this section and prior to receipt of a certificate of completion the owner shall either provide proof of warranty or post a maintenance bond or other acceptable surety, warranting the new material for a period of no less than one year. The bond shall be posted in an amount equal to 20 percent of the actual cost of the material and installation.

g.

The department shall perform an inspection of the plantings and landscape materials required by these regulations prior to the expiration of the one-year warranty or maintenance period. The tower owner shall be notified of any replacements or restoration that must be made to maintain compliance with these regulations.

Required landscape materials found to be dead or near death shall be replaced prior to release by the department of the warranty or maintenance surety. In no case shall replacement be delayed more than 30 days from notification, unless a performance bond is posted with the department. Such performance shall be completed within six months of posting.

(7)

Height. No freestanding communication tower/antenna shall exceed 195 feet in height from ground level. Where installed on top of a building, no communication tower/antenna shall extend greater than 20 percent over the building height. An existing communication tower may be modified to a taller height not to exceed 20 feet over the tower's existing height, never to exceed the maximum height of 195 feet, to accommodate the co-location of an additional communication antenna(s).

a.

The height change referred to in this subsection may only occur one time per communication tower.

b.

The additional height referred to in this subsection shall not require an additional distance separation. The communication tower pre-modification height shall be used to calculate such distance separations.

(8)

Illumination. Communication towers/antennas shall not be artificially lighted.

(9)

Co-location. Proposed communication antennas may and are encouraged to co-locate onto existing communication towers, provided such co-location is accomplished in a manner consistent with zoning and performance standards, new or additional special use approval is not required. If it is determined by the county that the proposed tower is situated in a location which will benefit the county's telecommunication systems, then the tower shall be engineered and constructed to accommodate the additional telecommunication equipment beneficial to the public system at a cost to the county no greater than the actual expense of the provider in so engineering and constructing the tower to meet the county's needs.

a.

Monopole communication towers shall be engineered and constructed to accommodate a minimum of three additional communication service providers.

b.

Camouflaged communication towers may be engineered and constructed without accommodating additional communication service providers.

c.

Communication towers located within electrical substations may be engineered and constructed without accommodating additional communication service providers. Such towers shall be monopole construction and shall be subject to all the requirements of article II, communication tower and communication antenna permits and regulations.

(h)

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.

(i)

Documentation. Documentation to demonstrate conformance with the requirements of performance standards shall be submitted by the applicant with all requests to construct, locate or modify a communication tower/antenna. A statement by the applicant as to how construction of the communication tower will accommodate co-location of additional antennas for future users shall be included with the documentation. Documentation evidencing a present commitment from the proposed service providers to locate at the proposed site shall also be included by applicant, at time of permitting.

(j)

Signs and advertising. A small sign placed on the entrance gate of sufficient size, not to exceed four feet in total area shall display the name of the person or corporation owning the tower, the name of the person or corporation owning the property (if different from tower owner), FCC registration number and a current mailing address with a name and phone number of a person to contact in case of an emergency. All other signage is prohibited and the use of any portion of a tower for sign or advertising purposes including, without limitation, company name, banners, or streamers, is prohibited.

(k)

Abandonment. Without waiving the county's right to decide whether a communication tower has been abandoned, it shall be the duty of the tower owner to notify the county in writing of any intent to abandon use of the tower. Said notice shall include steps that tower owner shall take to carry out removal of the tower structures. In the event the use of any communication tower has been discontinued for a period of 180 consecutive days, the tower shall be deemed to have been abandoned. Upon such abandonment, the owner/operator of the tower shall have an additional 60 days within which to: (1) reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower; or (2) dismantle and remove the tower. The owner of the tower shall be ultimately responsible for all costs of dismantling and removal and in the event the tower is not removed within 60 days of abandonment, the county may proceed to do so and assess the costs against the tower owner. The lien of such assessment shall bear interest, have priority and be collectable at the same rate and in the like manner as provided for by Georgia law. At the earlier of 61 days from the date of abandonment without reactivation or upon completion of dismantling and removal, any special use permit, waiver and/or variance approval for the tower shall automatically expire.

(l)

Finished color. Communication towers not requiring FAA painting/marking shall have either galvanized finish or be painted with a non-reflective paint in a non-contrasting blue, gray or black finish. The color should be selected to minimize the equipment's visibility.

(m)

Maintenance. To ensure the structural integrity of towers, the owner of a tower shall be maintained in compliance with standards contained in applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the governing authority concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance within such standards. If the owner fails to bring such tower into compliance within said 30 days, the governing authority may remove such tower at the owners' expense. Any such removal by the governing authority shall be in that manner provided in O.C.G.A. §§ 41-2-8—41-2-17.

(n)

Liability insurance. Liability insurance in an amount not less than $1,000,000.00 shall be maintained by the owner and operator of the facility until such facility is dismantled and removed from the parent site. Failure to maintain insurance coverage shall constitute a violation of this Code and grounds for revocation of special use approval. Proof of same shall be supplied to the department of planning and development upon application for permit.

(o)

Review by third-party consultant.

(1)

In order to receive an objective, qualified review of the application submitted requesting the approval of a special use permit for a communication tower/antenna, an independent RF consulting company, chosen by Dawson County, may be engaged to evaluate such application. The independent consulting company will evaluate all RF applications on the merits of the applicant's ability to meet or exceed the standards of this article. The fee to secure a third- party review shall be inclusive in the special use request fee paid by the applicant at the time of filing for a special use permit with the county. Information to be provided to the independent consultant for review and evaluation is as follows:

a.

No new telecommunications structure may be constructed without providing the following information:

1.

Propagation map of Existing Coverage (scale) on Paper and Proposed Coverage (scale) on Clear Film with RSSI (Received Signal Strength Indicator) or Eb/Io values distinguished by different color criteria.

2.

Latitude/Longitude (NAD 27), Ground Elevation AMSL, Antenna Radiation Center, ERP (watts) out of the antenna, Antenna Manufacturer, Antenna model, Antenna Beam width, Antenna Tilt, Antenna Gain and Antenna Pattern.

3.

Name of propagation tool, propagation parameters specifications.

4.

Frequency TX Band/RX Band, License Block.

5.

Inventory of applicant's existing sites within a five-mile radius.

6.

Name, number, and title of submitting engineer.

[Note: If propagation parameters are not submitted then a test transmitter drive shall be conducted after test procedures and hardware are pre-approved and verified on site by the Independent Consulting Company.]

b.

No new telecommunications structure may be constructed if proof of the following is made:

1.

Eighty percent of the proposed coverage area can be accomplished by an existing structure or alternate means of transmission (i.e., repeater, carrier system modification).

2.

Proposed telecommunications site exceeds FCC RF emissions power density standard of 1 mw/cm ² for uncontrolled environments.

3.

Telecommunication site does not meet FAA/FCC rules and regulations.

4.

A previously approved site application will meet the current applicant's coverage or capacity objectives.

c.

Any approved wireless telecommunication tower must adhere to the following conditions:

1.

Proof of FAA "No hazard determination assessment" or "No notice of construction needed". If a notice of construction is required, the FAA can only grant the "No Hazard of Determination Assessment". Only an aviation consultant once coordinated with the independent consultant can determine if a no notice of construction is warranted if and only if the tower is greater than five miles from an airport or two miles from a heliport.

2.

Update of ERP (watts) per site, per sector upon filing for new cell tower.

3.

Update of antenna type, antenna beam width, antenna gain, antenna tilt, and radiation center upon filing for new cell tower.

(p)

Variance. Any request for variance from the provisions of this article shall be presented directly to the Dawson County Planning Commission per article IX of this resolution.

(q)

Violation. Any person violating the provisions of these regulations shall be guilty of violating a duly adopted ordinance of Dawson County, and upon conviction by a court of competent jurisdiction may be penalized pursuant to section 121-377 of this chapter.

(Res. of 4-7-2023(1))