A.

Lands to which this UDO applies. This ordinance applies to all lands within the city.

B.

Use of land or structures.

1.

No structure, building or land shall hereafter be used or occupied, located, extended, moved, converted or structurally altered except in full compliance with the provisions of this ordinance.

2.

No building or land may be occupied for any use or any change in use prior to issuance of a certificate of occupancy by the city.

3.

No part of a yard, buffer or off-street parking spaces required in connection with any use or structure for the purpose of complying with this ordinance shall be included as part of a yard, buffer or off-street parking spaces required for any other use or structure, unless specifically allowed under the provisions of this ordinance.

4.

No portion of any street or highway right-of-way shall be considered a part of a lot or front yard setback for the purpose of meeting the minimum requirements of this ordinance.

C.

Street frontage required. No building permit shall be issued on any lot unless a street with a minimum of 50 feet of right-of-way provides access to the lot, except that:

1.

Lots in a commercial subdivision may front on a perpetual easement that is connected to a publicly dedicated street. The easement must be at least 30 feet wide and contain a paved roadway at least 28 feet wide (including curbs and gutters).

2.

Lots in a private subdivision may front on a private street, provided that the development has been approved by the mayor and city council to be served by private streets and that the private streets must meet the same design and construction requirements as public streets.

D.

One principal house on a lot. With respect to single-family detached dwellings, only one principal building and its customary accessory buildings and structures may be erected on any one lot.

E.

Lot reduction prohibited.

1.

No yard or lot existing prior to the effective date of this UDO or any subsequent amendment to it shall be reduced in dimension or area below the minimum requirements set forth in this ordinance.

2.

Yards or lots created after the effective date of this UDO shall meet at least the minimum requirements established by this ordinance.

3.

This prohibition shall not apply where any residential lot sought to be reduced has two or more existing legal nonconforming dwellings, and where the reduction will enable one or more of such dwellings to be the only dwelling on a lot.

F.

Exemptions.

1.

Previously issued permits. The provisions of this UDO and any subsequent amendments shall not affect the validity of any permit lawfully issued by the city if:

a.

The development activity or building construction authorized by the permit has been commenced prior to the effective date of this ordinance or the amendment, or will be commenced after such effective date but within six months of issuance of the permit; and,

b.

The development activity or building construction continues without interruption (except natural disaster) until the development or construction is complete. If the permit expires, any further development or construction on that site shall occur only in conformance with the requirements of this UDO in effect on the date of the permit expiration.

2.

Governmental bodies exempt. All governmental bodies and authorities legally exempt from regulation under the police power of the City of Douglasville are exempt from the regulations contained in this ordinance. This exemption does not apply to building codes or safety requirements.

G.

Design concept development district (DCD) replaced by planned unit development (PUD). Any concept plan or original plan approved under the DCD process at the time of adoption of this UDO shall be considered approved under the PUD process of this UDO.

A.

Allowed uses. Allowed uses are as described below and as established in subsection 2.02.C, allowed principal uses tables, and subsection 2.02.D, allowed accessory uses tables, of this section.

1.

Use categories. In order to effectively regulate uses in the city, categories of uses, based on how they are permitted, are established. The four types of uses permitted in the city are as follows:

a.

Permitted use (P). This type of use is permitted in the respective district if it meets the basic standards as identified in the district regulations.

b.

Special use (S). This type of use may be permitted in the respective district, but only when reviewed and approved in accordance with the provisions of section 11.06.E., special land use permit (SLUP) and temporary land use permit (TLUP) and any applicable regulations identified in the allowed principal uses tables in section 2.02.C. and the allowed accessory uses table in section 2.02.D. of this article.

c.

Reserved.

d.

Temporary use (T). This type of use is permitted in the respective district only for a limited period of time as reviewed and approved in accordance with this section.

B.

Uses not listed.

1.

A use not specifically listed in the allowed use table is prohibited unless the community development director determines that the proposed use shares similar characteristics with an allowed use listed in the table.

2.

At the time of rezoning, whenever more than one class may be applicable, a land use interpretation of the community development director as to the appropriate class within the use chart for any proposed use, may be appealed to the city council. The mayor and city council will have final authority in interpreting whether the requested use is allowed in the requested zoning district.

3.

If the mayor and city council denies the approval of the text amendment, the use shall not be permitted.

C.

Allowed Principal Uses Tables.

D.

Allowed accessory uses tables.

(Ord. No. O-2019-61, § 1, 11-18-19; Ord. No. O-2020-2, §§ 1—8, 1-13-20; Ord. No. O-2021-24, § 1—3, 5-17-21; Ord. No. O-2023-29, § 2, 6-20-23; Ord. No. O-2023-40, § 1, 8-7-23; Ord. No. O-2023-46, §§ 1-4, 9-18-23; Ord. No. O-2023-52, § 1, 10-16-23; Ord. No. O-2024-2, § 2, 1-16-24; Ord. No. O-2024-27, § 1, 8-5-24; Ord. No. O-2025-39, § 1, 11-3-25)

The following specific requirements apply to each of the following principal and accessory uses in all residential districts where each principal or accessory use is otherwise permitted by right or as a special use.

A.

Standards for dwellings.

1.

Foundations. All site built and class A single-family detached and all two-family dwellings shall meet or exceed the following requirements for foundations:

a.

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

b.

Upon placement, all means of transportation, such as towing devices, wheels, axles, and hitches, shall have been removed.

c.

The area beneath the ground floor of the structure shall be enclosed around the exterior of the structure with a foundation wall or a curtain wall constructed of masonry at least four inches thick, penetrated by openings only for installed vents and access doors.

2.

Exterior siding for residential dwellings.

a.

For residential dwellings not in a PUD, the standards in section 2.06.A. exterior siding (façade), shall apply.

b.

Exterior siding materials for detached residential dwellings in PUD (formally [formerly] DCD) districts approved on or after January 1, 2012 shall conform to the requirements of section 4.03.H, façade materials for residential dwellings. For all other residential dwelling types within a PUD:

1)

Exterior siding materials for detached dwellings on lots smaller than 20,000 square feet, for detached dwellings with less than 1,800 square feet of heated living space, and for all attached dwellings shall be as provided in subsection 2.04.A.6.

2)

Exterior siding materials for detached single-family dwellings with 1,800 or more square feet of heated living space on lots of 20,000 square feet or larger shall consist of any combination of wood, brick, stone, stucco, or similar materials, or lap siding of cement board, vinyl, vinyl-covered metal, or similar materials. Metal without vinyl finish, aluminum, steel, and other like materials are prohibited as exterior siding for dwellings.

3.

Roofs. All site built and class A single-family detached and all two-family dwellings shall meet or exceed the following requirements for roofs:

a.

All roof surfaces shall have a minimum pitch of 4:12 (four inches of rise for every 12 inches of run), except that mansard and gambrel roofs must meet this requirement only for those surfaces that rise from the eaves.

b.

All roof surfaces exposed to view shall be covered with asphalt or fiberglass shingles, wood shakes or shingles, standing seam (non-corrugated) tin, clay tiles, slate, or similar materials.

c.

Minimum roof overhang shall be 12 inches, including gutters.

4.

Minimum width. The minimum width of every dwelling shall be greater than 16 feet.

5.

Compliance with codes. Every dwelling shall be constructed in accordance with all applicable requirements of the building code as adopted by the city, or in accordance with standards established by the National Manufactured Housing Construction and Safety Standards Act for manufactured homes, or in accordance with state law and regulations for industrialized buildings, whichever apply.

6.

Additional construction standards for certain dwellings. Exterior siding materials for detached residential dwellings in PUD districts (formerly DCD) approved on or after January 1, 2012 shall conform to the requirements of section 4.03.H, façade materials for residential dwellings. For all other residential dwellings:

a.

Detached dwellings on lots smaller than 20,000 square feet shall be constructed in compliance with the following requirements:

1)

Exterior siding materials, excluding gables, soffits and minor trim, for the front of every dwelling shall be 100 percent brick, stone or cementitious siding; each side shall be at least 40 percent brick, stone or cementitious siding; vinyl siding and metal siding is prohibited;

2)

For lots zoned R-3, there shall be a two-car garage of not less than 400 square feet; for lots zoned other than R-2 or R-3, there shall be a two-car garage of not less than 440 square feet.

3)

Front yards shall be fully sodded, and all other yards shall be sodded where disturbed during development or building;

4)

Every dwelling shall have not less than 1,800 square feet of heated living space, excluding the garage.

b.

Detached dwellings with less than 1,800 square feet of heated living space (excluding the garage) on lots of 20,000 square feet or larger, and all attached townhouses shall be constructed in compliance with the following requirements:

1)

Exterior siding materials, excluding gables, soffits and minor trim, for the front of every dwelling shall be 100 percent brick, stone or cementitious siding; each side shall be at least 40 percent brick, stone or cementitious siding; vinyl siding and metal siding is prohibited;

2)

There shall be a two-car garage of not less than 440 square feet;

3)

Front yards shall be fully sodded, and all other yards shall be sodded where disturbed during development or building.

c.

All attached dwellings other than townhouses shall be constructed in compliance with the following requirements:

1)

Exterior siding materials, excluding gables, soffits and minor trim, for the front of every dwelling shall be 100 percent brick, stone or cementitious siding; each side shall be at least 40 percent brick, stone or cementitious siding; vinyl siding and metal siding is prohibited; and

2)

Front yards shall be fully sodded, and all other yards shall be sodded where disturbed during development or building.

d.

The requirements of this subsection shall apply to new construction of all dwellings and shall take precedence over any less stringent requirements provided in this ordinance. The following construction shall be exempt from the requirements of this subsection:

1)

DCD developments having a concept plan approved prior to November 1, 2004;

2)

Dwellings constructed in conformity with a valid, outstanding development plan or building permit issued prior to November 1, 2004; and

3)

Remodeling of any dwelling for which a valid certificate of occupancy is issued prior to November 1, 2004.

7.

Infill. Infill dwellings are new houses that are constructed on vacant, underused lots that are interspersed among other dwellings in established neighborhoods or existing dwellings that have undergone major rehabilitation or refurbishing. In such cases, the infill dwelling shall:

a.

Be of a similar architectural style to existing dwellings in the neighborhood.

b.

Be sited at the same height and setback as determined by the average of the two adjacent dwellings.

8.

Front yard setback adjustment. The front yard setbacks within the same residential zoning district shall not apply for any lot where the average existing building setback line is less than the minimum setback required in a substantially developed area on lots located:

a.

Wholly or in part within 100 feet on each side of such lot, within the same block and zoning district, and

b.

Fronting on the same side of the street or road as such lot.

In such case, the setback on such lot may be less than the required setback, but not less than the average of the existing setbacks on the developed lots, and in no case less than 20 feet from the street or road right-of-way.

B.

Community garden. Community gardens shall be subject to the following requirements:

1.

The garden shall not be located within any required yard buffer.

2.

Outdoor lighting is prohibited.

3.

Signage shall be limited to a single, non-illuminated sign of no more than four square feet.

4.

Gardening equipment and machinery must be stored in an enclosed, secure building or shed or off-site.

5.

Retail sales are prohibited.

6.

Composting is permitted on the premises if stored in a manner that prevents odor, insect or rodent infestation and controls runoff into waterways and onto adjacent properties.

7.

The garden must maintain an orderly appearance, and may not be neglected or allowed to become overgrown or eroded.

8.

If a community garden ceases operation and is no longer desired by the owners, it shall be stabilized with grass, trees and/or shrubbery in accordance with a plan submitted for approval by the community development director.

C.

Family child care learning home.

1.

The facility shall be properly licensed through the Georgia Department of Early Care and Learning.

2.

Proof of owner consent to operate a family child care learning home must be provided to the community development director if the property is licensed or leased.

D.

Family personal care home.

1.

Family personal care homes must have a residential character that is similar to adjacent dwellings.

2.

The facility shall be licensed by and operating in accordance with the rules of the State of Georgia and the Georgia Department of Community Health at all times.

E.

[Reserved].

F.

Short term rentals (AirBnB, HomeAway, VRBO, etc.). Short-term rentals are residential properties that are rented for less than 30 days at a time, excluding dwellings owned by the federal government, the state, or any of their agencies or political subdivisions and facilities licensed by the state as health care facilities; also excluding permanently affordable units. Short term rentals shall be regulated as follows:

1.

Short-term rentals - Generally.

a.

Short term rentals shall be considered a special use.

b.

A license placard provided by the community development department must be prominently displayed on the front facade of the structure in a location clearly visible from the street during all periods of occupancy.

c.

Short term rentals are not permitted outdoors in an accessory structure (e.g. shed, garage, etc.), or in a recreational vehicle.

d.

Only one party of guests are permitted per short term rental.

e.

Use of the short-term rental for any commercial or social events on-site is prohibited.

f.

The short-term rental shall appear as a residential dwelling from the street.

g.

Short term rentals shall not adversely affect the residential character of the neighborhood nor shall the use generate noise, vibration, glare, odors, or other effects that unreasonably interfere with any person's enjoyment of his or her residence.

h.

Short term rentals shall meet all applicable zoning, building and fire codes.

i.

Non-resident employees are prohibited.

2.

License-specific type guidelines.

a.

Accessory short-term rentals.

1)

The portion of the dwelling licensed as an accessory short-term rental is limited to three bedrooms, and occupancy is limited to six guests.

2)

There must be at least one bedroom in the dwelling for the owner-occupant.

3)

The owner-occupant shall occupy the dwelling and be present during any short-term rental occupancy.

4)

Proof of owner-occupancy will be established by verification in the name of the applicant.

b.

Temporary short-term rentals.

1)

Temporary short-term rentals must have an in-town property manager available at all times.

2)

Temporary short-term rental licenses allow a maximum 30 rental nights at one time; a maximum of 90-rental nights per license year.

3)

Occupancy is limited to two guests per bedroom or a total of ten guests, whichever is less.

G.

Manufactured home in R-2 district.

1.

Types of manufactured homes allowed in the R-2 district. A manufactured home qualifying as a class A single-family dwelling is permitted by right, when meeting the following requirements, while a manufactured home that qualifies as a class B single-family dwelling must meet the following requirements and be approved as a special use on the property.

2.

Minimum requirements for all manufactured homes in the R-2 district. A manufactured home must be placed on tract of land in R-2 consisting of five acres or more and where there is no other principal building of any kind or nature located on the premises. It shall be a distance of at least 50 feet from any public street right-of-way or property line, and shall be placed approximately parallel to an adjoining street.

H.

Manufacturing and fabrication as accessory use. If undertaken as an accessory use to an office or commercial use permitted by right, the manufacturing or fabrication activity may occupy no more than 25 percent of the gross floor area or 1,000 square feet (whichever is less). All products manufactured or fabricated on the premises must be sold on the premises as a retail activity.

I.

Mixed-use building. Dwelling units located in a building that also contains nonresidential uses, such as shops or offices, may be located on any of the floors of the building, including the ground floor, as long as the front of the ground floor is used for nonresidential uses, and the building maintains a store front character from the street.

J.

Personal care homes.

1.

A personal care home of any type (family, group or congregate) in a residential zoning district shall be at least 1,000 feet from any other personal care home (of any type) in the same or any other zoning district.

2.

Personal care homes must have a residential character that is similar to adjacent dwellings.

3.

Personal care homes shall be licensed by and operating in accordance with the rules of the State of Georgia and the Georgia Department of Community Health at all times.

K.

Recreational vehicles and watercraft on single family residential lots.

1.

Recreational vehicles.

a.

A maximum of two recreational vehicle(s), provided that:

1)

Each has a maximum length of 45 feet.

2)

It is stored or parked completely within a garage or carport, or in the side or rear yard on a hardened surface of gravel or on pavement as wide and long as the vehicle.

b.

The recreational vehicle may be connected to an outlet but may not be occupied.

c.

The setback for a recreational vehicle shall be five feet on the side yard, and ten feet in the rear yard.

d.

A recreational vehicle may not be parked or stored where it would constitute a clear and demonstrable vehicular traffic hazard or be a threat to public health or safety.

2.

Watercraft. A maximum of one watercraft trailer, provided that:

a.

Each has a maximum length of 30 feet.

b.

It is stored or parked completely within a garage or carport, or in the side yard or the rear yard on a hardened surface of gravel or on pavement as wide and long as the vehicle.

c.

The setback for watercraft shall be five feet on the side lot line and 10 feet in the rear yard. Watercraft may not be parked or stored where it would constitute a clear and demonstrable vehicular traffic hazard or be a threat to public health or safety.

L.

Townhouse developments; special provisions.

1.

Townhouse developments; defined.

a.

Townhouse subdivision. A townhouse subdivision is a development of single-family attached dwellings in which each dwelling unit is located on a separate lot.

b.

Townhouse condominium project. A townhouse condominium project is a development of single-family attached dwellings that share a common, unsubdivided property while each dwelling unit is sold separately. Such developments must also meet all requirements of the Georgia Condominium Act.

2.

Townhouse subdivisions, exceptions. Townhouse subdivisions may comply with the following minimum requirements in lieu of the requirements shown in the lot development standards table for the applicable zoning district , as long as the overall development meets the zoning district requirements as a whole:

a.

Staggered front façades: The dwelling unit façade depth in a townhouse building shall be staggered for one or two units, by at least three feet.

b.

Minimum lot width: The average width for the lots for a single building shall be at least 20 feet, with no lot being less than 18 feet wide.

c.

Minimum lot area per dwelling unit:

1)

The average lot area for the units in a single building shall be at least 2,400 square feet, with no unit having less than 2,000 square feet of lot area.

2)

The subdivision as a whole must provide a total area equal to or greater than the minimum lot area required in the lot development standards table for the applicable zoning district, and may not exceed the maximum density for the zoning district.

d.

Minimum principal building setbacks: None between attached units or between buildings and interior lot lines or streets. On the periphery of the subdivision, buildings must meet the minimum setback requirements shown in the lot development standards table for the applicable zoning district.

3.

Townhouse condominium projects; exceptions. Townhouse condominium projects must comply with the following minimum requirements in addition to the requirements shown on in the lot development standards table for the applicable zoning district, which apply to the overall development as a whole:

a.

Number of dwelling units attached in a row: At least two but no more than ten.

b.

Staggered front façades: The dwelling unit façade depths in a townhouse building shall be staggered for one or two units, by at least three feet.

c.

Minimum principal building setbacks: None between attached units. On the periphery of the development project, buildings must meet the minimum setback requirements shown on in the lot development standards table for the applicable zoning district for the zoning district.

4.

Access to rear required. Townhouse developments shall be designed to provide proper access to the rear of all dwelling units for firefighting purposes.

(Ord. No. O-2022-8, § 1, 3-7-22)

A.

Automotive repair shop. Automotive repair shops shall be licensed and fully enclosed as provided herein.

1.

Enclosed automotive repair shop. Any automotive repair shop established after May 15, 2000, shall be enclosed and shall provide an on-site enclosed building or an on-site lot enclosed by an eight-foot high opaque fence, where all inoperable and dismantled vehicles for the establishment shall be stored. There shall be no outdoor storage of inoperable or dismantled vehicles, or of vehicle parts, other than inside the enclosure provided. Vehicles under repair or maintenance at an enclosed automotive repair shop may not remain in the property for more than 180 consecutive days.

2.

Automotive repair shops shall not be permitted within a historic district.

B.

Automobile service station. Vehicles under repair or maintenance at an automobile service station may not remain on the property for more than seven consecutive days. Automobile service stations are prohibited within the historic districts.

C.

Automotive uses—Other. All commercial and industrial automotive uses, including but not limited to commercial automobile parking lots, automobile service stations, automotive sales and service centers, automotive rental agencies, automotive repair shops, and automotive tune-up shops, are prohibited within the historic districts.

D.

Bail bondsmen. No bail bondsman office or location shall be located on a lot which is closer than 2,500 feet to the lot of another bail bondsman office or location, except that any bail bondsman office or location located on a lot fronting on Earl D. Lee Boulevard and lying at least 200 feet from Fairburn Road shall be exempted from this restriction.

E.

Bed and breakfast inn.

1.

Bed and breakfast inns may not contain more than six bedrooms and shall not allow a guest to stay more than seven days.

2.

The operator of the establishment shall reside in the dwelling.

3.

No guest shall reside in the establishment for a period of more than seven days within the year.

4.

If located in a residential zoning district, the establishment shall be compatible with the character of the neighborhood in terms of height, setback and size.

F.

[Reserved].

G.

Charter schools (privately owned). Any charter school which is owned by any entity other than the State of Georgia or a political subdivision shall be subject to the provisions of this UDO.

H.

Customary accessory uses and structures. The following provisions apply to accessory uses or structures in all zoning districts where each use is otherwise permitted.

1.

Relationship to principal use. No accessory use or structure shall be allowed on any lot except in relation to an existing principal use on the lot.

2.

Fences and free-standing walls. All fences and free-standing walls shall present a finished and attractive surface to the exterior of the lot.

3.

Customary accessory uses to a dwelling. Each of the following uses is considered to be a customary accessory use to a dwelling and may be situated on the same lot with the principal use to which it serves as an accessory:

a.

Private garage not to exceed the following storage capacities; one or two-family dwelling, four automobiles; multi-family dwelling, two automobiles per dwelling unit; membership dwelling, one and one-half automobiles per sleeping room.

b.

Outdoor parking area for motor vehicles, provided that such space shall not be used for more than one commercial vehicle per family residing on the premises.

c.

Shed or tool room for the storage of equipment used in grounds or building maintenance.

d.

Television or radio antenna, or a satellite dish antenna no larger than one meter in diameter or diagonally and no more than 13 feet high (measured from its base mount, whether on the ground or a roof).

e.

Ham radio or citizen's band radio antenna.

f.

Children's playhouse and play equipment.

g.

Quarters for the keeping of pets owned by the occupants of the dwelling for noncommercial purposes.

h.

Private recreational facility, such as a swimming pool and bathhouse or cabana, tennis court, deck or patio.

i.

Common laundry facilities located within a multi-family dwelling structure for the exclusive use of the occupants of the dwelling or development.

j.

Structures designed and used for purposes of shelter in the event of man-made or natural catastrophes.

k.

Noncommercial greenhouse.

4.

Customary accessory uses to a religious institution or other place of worship. Each of the following uses is considered to be a customary accessory use to a religious institution or other place of worship and may be situated on the same lot with the principal use to which it serves as an accessory if allowed by this section:

a.

Religious education buildings.

b.

Parish house, meeting or gathering facilities for members.

c.

Parsonage, along with the customary accessory uses to a dwelling.

d.

Cemetery.

e.

Libraries.

f.

Social service centers.

5.

Customary accessory uses to a charter school (privately owned). Each of the following uses is considered to be a customary accessory use to a privately-owned charter school and may be situated on the same lot with the principal use to which it serves as an accessory use:

a.

Pre-schools.

b.

Day care centers.

c.

Group day care homes.

6.

Customary accessory uses to an automotive parts and supply store. Each of the following uses is considered to be a customary accessory use to an automotive parts and supply store, and may be performed on the same lot, outdoors in an unenclosed area, on the same lot with the principal use to which it serves as an accessory:

a.

Removal and installation of automotive batteries.

b.

Removal and installation of wiper blades.

c.

Removal and installation of light bulbs and headlight bulbs.

d.

Diagnostic testing (hooking a computer to the vehicle to obtain repair code).

e.

Automotive battery testing.

f.

Alternator testing.

All other outdoor maintenance, installation or repair of vehicles in an unenclosed outdoor space in connection with an automotive parts and supply store is prohibited.

7.

Accessory structures; siding, number, size. The siding requirements for any accessory structure shall be the same as the siding requirements for a new primary structure on the subject lot; exceptionally, where all of the existing primary structures on a lot are sided, in whole or in part, with legal nonconforming materials, then a new accessory structure may be sided with any of the same nonconforming materials.

I.

Donation bins.

1.

Purpose. The purpose of this section is to regulate the placement of unattended donation boxes within the city. The procedures and requirements of this section are enacted to:

a.

Promote the community's health, safety, and welfare by regulating unattended donation boxes for clothing or other salvageable personal property within the city;

b.

Ensure that unattended donation boxes do not pose a hazard to pedestrian and vehicular traffic;

c.

Ensure that material is not allowed to accumulate outside of the unattended donation boxes where it can be scattered by adverse weather conditions, animal contacts and human activities; and

d.

Establish criteria that avoid attracting vermin, unsightliness, and public health hazard.

2.

Permit required. It shall be unlawful and a public nuisance for any property owner or operator to place, operate, maintain or allow unattended donation boxes on real property unless the property owner first obtains a permit pursuant to this chapter and the donation box is placed, operated and maintained in accordance with all provisions in this UDO.

a.

The permit application shall be made on a form provided by the Community Development Director and shall include the following information:

1)

The name, address, email, website (if available) and telephone number of the applicant;

2)

Written proof sufficient to establish that the operator who will utilize the unattended donation box is qualified to solicit donations of salvageable personal property pursuant to Internal Revenue Code 501(c)(3) and the rules and regulations of the Georgia Secretary of State, as amended;

3)

The text of the disclosures that will be made on the unattended donation box as required by this section; and

4)

The physical address of the property owner's real property and a drawing sufficient to indicate the proposed location of the unattended donation box on the property owner's real property, as well as the size of the proposed unattended donation box.

b.

Each application shall be accompanied by a nonrefundable fee in the amount established by city council resolution. This fee shall be in addition to any fee or tax imposed by the city pursuant to any other provision of this UDO.

c.

Applications shall be filed with the community development director.

d.

Within 30 days of receiving a completed application, the community development director shall issue a permit or deny the issuance of a permit.

e.

The community development director shall not issue a permit unless:

1)

The applicant has submitted a complete and accurate application accompanied by the applicable fee;

2)

The operator who will maintain or operate the unattended donation box is qualified to solicit donations of salvageable personal property pursuant to Internal Revenue Code Section 501(c)(3) and the rules and regulations of the Georgia Secretary of State, as amended;

3)

The proposed location and placement of the unattended donation box on the property owner's real property is in compliance with all applicable laws and will not impede pedestrian, bicycle, site distances onto adjacent streets or vehicular traffic.

f.

If the community development director denies an application, the community development director shall state, in writing, the specific reasons for denial.

g.

Permits issued hereunder shall be valid for one unattended donation box. Multiple unattended donation boxes shall each have their own individual permits.

h.

The term of the permit shall expire one year from the date of issuance.

i.

No person or operator to whom a permit has been issued shall transfer, assign, or convey such permit to another person or operator.

j.

Prior to expiration of the permit, the permittee may voluntarily cancel the permit by notifying the community development director in writing of the intent to cancel the permit. The permit shall become void upon the community development director's receipt of a written notice of intent to cancel the permit.

3.

Renewal of permits.

a.

A permittee may apply for permit renewal by submitting to the community development director, before the expiration of the permit, a renewal application and a nonrefundable renewal fee in an amount set by resolution of the city council.

b.

The community development director shall either approve or deny the renewal of a permit within 30 days of receipt of the complete renewal application and payment of the renewal fee.

c.

The community development director shall approve the renewal of a permit if he or she finds that no circumstances existed during the term of the permit, existed at the time of submission of an application for renewal, or existed at any time during the review of the application for renewal that are inconsistent with any finding required for approval of a new permit as specified in this section or that would justify the revocation of the permit as specified in this section.

4.

Requirements and maintenance.

a.

A permittee shall operate and maintain or cause to be operated and maintained all unattended donation boxes located in the city as follows:

1)

Unattended donation boxes shall be maintained in good condition and appearance with no structural damage, holes, or visible rust, and shall be free of graffiti;

2)

Unattended donation boxes shall be locked or otherwise secured;

3)

Unattended donation boxes shall contain the following contact information in two-inch type visible from the front of each unattended donation box: the name, address, email, phone number of both the operator along with the Employee Identification Number (EIN) and 501(c)3 status of the owner and operator of the bin; and collection schedule for the box.

4)

Unattended donation boxes shall be serviced and emptied as needed, but at least once per month, or within five business days of a request by the community development director.

b.

The permittee shall maintain or cause to be maintained the area surrounding the unattended donation boxes free of any junk, garbage, trash, debris or other refuse material.

c.

The permittee and operator shall be individually and severally responsible for abating and removing all junk, garbage, trash, debris and other refuse material in the area surrounding the unattended donation boxes within 24 hours of written or verbal notice from the city.

d.

The permittee and operator shall be individually and severally responsible for all costs for abating and removing any junk, garbage, trash, debris and other refuse material from the area surrounding the unattended donation boxes.

e.

It shall be unlawful for any property owner or operator to place an unattended donation box in any residential district.

f.

No unattended donation box shall be placed within 200 feet from another unattended donation box on adjoining parcels.

g.

No unattended donation box shall be placed on required parking spaces or within the sight triangle as defined in section 11.03.G.1.

h.

No more than one unattended donation box shall be placed on each parcel of real property unless there be more than four acres in which case two bins may be placed.

i.

Donation bins shall not be located less than ten feet from the closest edge of pavement.

5.

Revocation of permit, removal of unattended donation boxes and liability. The community development director shall have the right to revoke any permit issued hereunder if any of the grounds upon which he or she may refuse to issue an initial permit exists. In addition, the failure of the permit holder to comply with the provisions of this chapter or other provisions of this UDO or other law shall also constitute grounds for revocation of the permit. The community development director shall provide a written notification to the permit holder stating the specific grounds for revocation. Upon revocation, the unattended donation box shall be removed from the permittee's real property within 30 calendar days and, if not removed within this time period, the city may remove, store and dispose of the unattended donation box at the permittee's sole cost and expense. Upon revocation, a permittee shall be prohibited from applying for a permit for a period of one year. Any violation of the provisions of this chapter is a public nuisance subject to abatement pursuant to this UDO or as otherwise permitted by law.

6.

Violation—Penalty. Any person violating any provision of this chapter is guilty of an infraction.

7.

Appeal to city manager. Any person aggrieved by the decision rendered by the community development director in granting or denying an application for a permit under this chapter or in revoking or refusing to renew a permit issued hereunder may appeal the decision to the city manager in accordance with this section. The appeal shall be made by filing a written notice thereof with the city clerk not later than ten calendar days after receiving notice of the decision of the community development director. The city manager shall hold a hearing on the appeal within 30 calendar days and, notwithstanding other provisions in this section, the decision of the city manager shall be final.

8.

Administrative fees. The city council may, by resolution, establish reasonable fees and deposits to defray the cost of processing applications, proposals and for the administration of this section.

9.

Exemption. Unattended donation boxes located entirely within the interior of a building or located on the grounds or premises of a house of worship/church are exempt from the requirements of this section.

10.

Number of boxes. Any lot zoned GC, NC or RMP of at least four acres and having a principal building may also have not more than two donation bins as a permitted accessory use, so long as the presence of such donation bins does not reduce the available parking to less than that required by ordinance. Any lot zoned GC, NC or RMP and having less than four acres and having a principal building may have not more than one donation bin as a permitted accessory use, so long as the presence of such donation bin does not reduce the available parking to less than that required by ordinance.

J.

Drive through service window.

1.

Drive-through service windows shall provide adequate queue space for a minimum of five cars per lane.

2.

Stacking lanes shall be delineated from traffic aisles, other stacking lanes and parking areas with striping, curbing, landscaping and the use of alternative paving materials or raised medians.

3.

Stacking lanes shall be designed to prevent circulation congestion, both on site and on adjacent public streets. The circulation shall:

a.

Separate drive-through traffic from site circulation,

b.

Not impede or impair access into or out of parking spaces,

c.

Not impede or impair vehicle or pedestrian traffic movement, and

d.

Minimize conflicts between pedestrian and vehicular traffic with physical and visual separation between the two.

4.

Stacking lanes shall not interfere with required loading and trash storage areas and loading or trash operations shall not impede or impair vehicle movement. If said separate stacking lane is curbed, an emergency by-pass or exit shall be provided.

5.

No outdoor speakers shall be employed within 200 feet of any single-family residential use.

K.

Drug addiction rehabilitation center. Any halfway house, drug rehabilitation center or other facility for treatment of drug dependency must comply with the requirements for a special hearing, as follows, pertaining to such facilities prior to approval by the city council.

1.

Special public hearing; when required. When a proposed zoning decision relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency, a special public hearing shall be held on the proposed action. Such public hearing shall be held at least six months and not more than nine months prior to the date of final action on the zoning decision. The hearing required by this subsection shall be in addition to any hearing required under this article relating to the process for rezoning or special use approval.

2.

Public notice of the special hearing. The city shall give notice of such hearing by:

a.

Posting notice on the affected premises in the manner prescribed by subsection (b) of this UDO section; and

b.

Publishing in a newspaper of general circulation within the city a notice of the hearing at least 15 days and not more than 45 days prior to the date of the hearing.

c.

Both the posted notice and the published notice shall include a prominent statement that the proposed zoning decision relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency. The published notice shall be at least six column inches in size and shall not be located in the classified advertising section of the newspaper.

L.

Food truck/mobile food vendor. Additional regulations for mobile food vendors. Mobile food vendors shall operate only with approval of mobile food vendor permit as evidenced by the numbered sticker issued by the department upon approval of the request. In addition, the other requirements of this section, the following shall apply. This is only a guide to the basic requirements for obtaining a mobile food unit permit. The type of operation will determine the particular requirements that are necessary. The following documents may be accessed at: http/dph.georgia.gov/environmental-health: Rules and Regulations, Design and Construction Manual, and the Food Service Interpretation Manual.

1.

Plans.

a.

Indicate on paperwork mobile vending locations (i.e. Specific food truck event or specific vending sites that have been authorized).

b.

Must indicate holding and waste water tank size (mobile).

2.

Proof of base of operations/commissary. Applicant must submit proof of commissary and license issued by the Georgia Department of Community Health submitted with application.

3.

Mobile unit.

a.

Proper identification is required.

1)

Outside unit: Sign possessing the name and address of the owner, the operator and permit number in letters of two inches or higher.

2)

Inside unit: Inspection sheet and mobile unit permit to be posted protected in public view.

b.

All units must be fully mobile, i.e. on wheels.

c.

Operator must have the written permission of the property owner to operate on the lot.

d.

Operations shall not be conducted on a public street or within the public right-of-way.

e.

Health department permits are not transferrable from county to county. A separate mobile food unit permit is required to be obtained from the health authority of jurisdiction for each county that the mobile will be operated in.

M.

Child care learning center as an accessory use.

1.

Each center must have at least 100 square feet of greenspace dedicated for an outdoor play area and at least 35 square feet of indoor space provided for each child served.

2.

The outdoor play area must be enclosed by a fence with a minimum height of 4 feet.

N.

Guest house. Where otherwise permitted, a guest house must comply with the following:

1.

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

2.

Minimum standards.

a.

The guest house must meet or exceed the standards for single-family and two-family dwellings under this article with the exception of the minimum square footage requirement.

b.

A guest house shall not have separate utility metering from the principal use.

c.

The water supply and sanitary sewage disposal system for the lot must be certified by the water and sewerage authority or the health department (as appropriate) as adequate to support the guest house in combination with the main house.

3.

Restrictions.

a.

The guest house must be placed to the rear of the main house.

b.

No more than one guest house may be located on any lot.

c.

The building floor area of the guest house may not exceed 50 percent of the floor area of the main house.

O.

Home occupations.

1.

Permitted activities.

a.

Any of the following group of activities may be engaged in by persons who reside on the premises and who are appropriately qualified and licensed, including business licenses where required:

1)

Medical or professional. This shall include activities normally practiced by members of the medical and legal professions, designers and consultants in a variety of fields such as architecture, engineering and accounting.

2)

Artistic. This group shall include activities such as teaching, creation and production by professional artists, sculptors, craftspeople (craftmakers), musicians, writers and others who produce work on the premises for individual purchases, as differentiated from mass production or manufacturing. Other than these artistic endeavors, there shall be no manufacturing, assembly or fabrication of products on the premises conducted as an occupation or commercial venture.

3)

Business or home office. This includes commercial trade activities such as those conducted by a manufacturer's representative or telephone salesperson, but not involving the delivery of goods or services directly to customers on the premises.

2.

Limitations on size and location. The floor area devoted to the residential business must not exceed 25 percent of the gross floor area of the dwelling unit or 500 square feet (whichever is less). This limitation applies to the aggregate floor area of all areas devoted to the residential business, whether located within the dwelling or in an accessory structure.

3.

Activity controls.

a.

There shall be no exterior indication that the business activity is taking place other than the allowed signage.

b.

There shall be no exchange of merchandise of any kind on the premises except for those products produced on the premises as a direct result of the residential business.

c.

There shall be no reshipment of any goods, products or commodities received on the premises.

d.

There shall be no activities on the premises that are associated with personal service occupations such as a barber shop, beauty shop, hairdresser or similar activities unless specifically permitted as part of the special use approval.

e.

There shall be no associates or employees on the premises other than other members of the family who reside on the premises.

f.

There shall not be more than two nonresident persons on the premises at the same time in conjunction with the residential business whether they are students, clients, patients or customers.

g.

There shall be no parking spaces provided or designated specifically for the residential business.

h.

Wall signs on the property shall be limited to one sign no larger than one square foot in area.

i.

There shall be no exterior lighting of the building or property that is not in character with a residential neighborhood.

j.

The residential business shall not be open to the public between the hours of 10:00 p.m. and 7:00 a.m. each day except Sunday. On Sunday, the residential business shall not be open before 11:00 a.m. or after 10:00 p.m.

P.

Hotel or motel.

1.

Minimum lot size. Every lot containing a hotel or motel shall have an area of at least two acres.

2.

Minimum setback. A hotel or motel shall have a minimum setback of 100 feet from any residential district.

3.

Public safety access. Every hotel or motel building where guests are lodged must have a 25-foot wide corridor surrounding the building for nonexclusive access by public safety vehicles. The corridor must be separated from the exterior of the building by at least 20 feet, but not more than 50 feet.

4.

Amenities for long-term stay. If any unit available for occupancy by a guest within the hotel or motel contains cooking facilities, the hotel or motel shall provide recreational amenities, such as a swimming pool, dog park, or playground area.

Q.

Hunting. It shall be unlawful for any person to hunt, shoot for sport or attempt to shoot for sport any animal anywhere within the city except within a permitted hunting area approved by the city by special land use permit. Temporary land use permits for hunting shall be valid for not more than 12 months in duration unless expressly granted for a longer period specified in the approval. Temporary land use permits for hunting may be granted for aggregate tracts of unoccupied property not smaller than 50 acres. Every application for a hunting permit shall be accompanied by a map of the property, showing the boundaries of the proposed hunting area.

R.

Kennel and pet boarding. Any commercial outdoor kennel, dog run, or pen shall not be located any closer than 100 feet from any residential district.

S.

Mini warehouse (self-storage). Mini-warehouse and self-storage facilities shall meet the following restrictions and design standards:

1.

Mini-warehouses and self-storage facilities shall not be used for manufacturing, retail or wholesale selling, office, other business or service use, or human habitation.

2.

Site access shall not be onto roadways classified as local residential streets.

3.

Outdoor speakers or sound amplification systems shall be prohibited.

4.

The facility may include a manager's office, apartment, or security quarters as an accessory to the primary use.

5.

Adequate loading and unloading areas shall be provided outside of fire lanes, required parking lanes, and travel lanes.

6.

No outdoor storage of any type shall be permitted.

7.

Recreational vehicles and watercraft on trailers shall only be allowed within storage bay facilities.

8.

Loading bays shall not face public street frontage.

9.

No mini-warehouses and self-storage facility can be located within one-eighth miles of another mini-warehouse and self-storage facility within the City of Douglasville and all other immediately abutting municipalities.

10.

A 100-foot buffer shall be required between any mini-warehouse and self-storage facility and any residentially zoned property. Buffer distance shall be measured from the nearest structure of the mini-warehouse and self-storage facility to the nearest parcel boundary line of any residential property as measured by a straight line on the ground.

11.

Mini-warehouse and self-storage facilities shall be enclosed by a fence or wall a minimum of six and a maximum of eight feet in height. The fence or wall shall be constructed of brick, stone, masonry units, wood, or other similar materials to be approved by the city community development director and/or his or her designee.

12.

Landscaping shall be provided continuously along all public street frontages, except for authorized access points. Landscaping shall consist of a variety of hardy evergreen plant material consisting of trees, low-, medium- and high-profile shrubs, together with a suitable ground cover such as sod, native grasses, rock or combination thereof. Landscaping shall be designed, placed and maintained in such a manner as to not impair sight distance at corner intersections or places adjacent to points of ingress or egress. The landscaping shall be reviewed and approved by the community development director and/or his or her designee during the special land use permit review process.

13.

Design Standards:

a.

All portions of the facility must include decorative facades. The exterior façade of all structures shall be reviewed and approved by the community development director and/or his or her designee during the special land use permit review process.

b.

Developments shall include architecture elements, including:

i.

Glass storefronts, transom windows, building wall offsets, projections, recesses, floor level changes, roof-line offsets.

1.

The principal entry area of a building shall be articulated and express greater architectural detail than other portions of the building.

2.

Architectural treatments of front facades shall continue to major features visibly exposed on the sides and rear of buildings visible from any public street or single-family residence.

Building design and materials shall adhere to the listed acceptable façade materials, as required in section 2.06, façade standards.

Separation between storage buildings. If separate buildings are constructed, there shall be a minimum ten-foot separation between individual buildings. Buildings shall be situated or screened so that overhead access doors are not visible from public roads and/or streets.

14.

Structures greater than one-story must operate as an indoor climate-controlled facility. Roof-mounted air conditioning and other equipment, if utilized, shall be screened from view. The combined height of the building and the parapet wall shall not exceed 25 feet.

T.

Multiple vendor businesses. All indoor flea markets, and all indoor commercial businesses with multiple vendors of used goods housed under one structure, shall have a central cashier area where payment for all goods sold shall be made through a single licensee; no sales shall be transacted with payments made directly from any buyer to an individual vendor.

U.

Night watchman residence. A residence for a night watchman, otherwise allowed as an accessory use to a business or industrial operation, may be either of the following:

1.

A class A or class B single-family detached dwelling; or

2.

Located within a commercial or industrial structure.

V.

Outdoor display.

1.

Outdoor display of merchandise or goods. Merchandise or goods may be on display outdoors for the purpose of customer selection or direct sale or lease to customers only as follows:

a.

The following merchandise or goods may be located in outdoor display areas on a permanent basis (where the use is otherwise permitted):

1)

Motorized vehicles and trailer-style campers that are in good running condition free from exterior damage or substantial wear.

2)

Power boats and sailboats.

3)

Manufactured homes and utility buildings.

4)

Plant nursery items.

5)

Light building materials such as lumber, patio pavers and decorative stone; yard furniture such as benches, swings and bird baths; and yard maintenance materials such as fertilizer, mulch, straw and seed.

b.

If otherwise authorized for temporary or permanent display, merchandise and goods may be located in outdoor display areas, but only between the hours of 8:00 a.m. and 10:00 p.m. which either:

1)

Are within the CBD zoning district, or

2)

Are an outdoor flea market.

c.

Except for the goods listed in paragraph a., all outdoor display of merchandise or goods shall be conducted on a temporary basis associated with special sales promotions. Such display shall be for a period not to exceed two weeks, and shall not occur more often than three times per year, and shall require a permit from the community development department.

d.

Merchandise or goods on display outdoors must be located outside of any street right-of-way or at least 20 feet from the driving lane, whichever is greater.

e.

Trailers and tractor-trailers may not be used to hold other displayed goods outdoors.

2.

Outdoor display areas are exempt from restrictions with screening. Any outdoor area where merchandise or goods are displayed for customer selection or direct sale, but which is permanently screened by a fence or freestanding wall at least six feet in height shall not be considered an outdoor display area.

W.

Outdoor seating. Outdoor seating for restaurant service, when permitted, shall be subject to the following requirements and restrictions:

1.

The perimeter of the outdoor seating area shall be outside of any public right-of-way, and may be delineated using fixtures such as walls, railings, planters or other similar decorative fixtures, and that do not present a safety hazard.

2.

Tables, chairs, umbrellas, canopies, awnings and other similar fixtures shall be of uniform design and shall be made of quality materials and workmanship to ensure the safety and convenience of users and to enhance the visual quality of the urban environment.

3.

Design, materials and colors shall be compatible with the abutting building for all locations, and any applicable design guidelines required under this UDO.

X.

Outdoor storage. The storage of goods, material, merchandise, vehicles, portable on-demand storage units with more than 100 square feet of floor space, shipping containers and tractor trailers not otherwise on display for customer selection or direct sale or lease to customers, where the use is otherwise permitted, is limited as follows:

1.

Outdoor storage in commercial zoning districts.

a.

Generally. In commercial zoning districts, outside storage of materials is only permitted as a special use and must be located in the rear yard. In addition, the outdoor storage area must be screened from view by an opaque fence or free-standing wall no less than eight feet in height. Trailers and tractor-trailers shall not be used for outdoor storage.

b.

Exception for storage of plant materials and donated used goods. A maximum of four trailers per lot may be utilized exclusively for the purpose of storing plant materials such as mulch, straw and seed. Additionally, one trailer per lot may be utilized exclusively for the purpose of collection of donated used goods. Such trailers may be placed in any yard on the property. Trailers used exclusively for these purposes shall be exempt from the requirement imposed by this section to have a special land use permit.

2.

Outdoor storage in the LI and HI zoning districts. In the LI light industrial and HI heavy industrial zoning districts, any storage use operated as a principal use or accessory use on a property shall be contained entirely within a building or shall be screened from view by an opaque fence or free-standing wall no less than eight feet in height.

Y.

Pawn shops. No pawn shop shall be located closer than 2,500 feet to another pawn shop provided that title pawn shops shall be exempt from this requirement and shall not be considered in the proximity measurement for other pawn shops.

Z.

Private use heliport. If approved as a special use, a private use heliport shall meet the following minimum standards:

1.

Compliance with FAA guidelines. The development of a private use heliport shall be in accordance with the guidelines specified by the Federal Aviation Administration.

2.

Takeoff and landing area.

a.

Private use heliports shall, as a minimum, have a takeoff and landing area one and one-half times the overall length of the largest helicopter expected to use the facility. The surface of the area shall be grassed, paved or treated as may be required to minimize dust or blowing debris.

b.

The owner of a private use heliport shall erect a safety barrier around the peripheral area surrounding the takeoff and landing area. The safety barrier shall be a fence, wall or hedge no less than three feet in height and fully enclosed with a self-locking gate.

c.

No commercial air services are permitted.

AA.

Quarries, mining and extraction. Quarries or mining operations, including the removal or extraction of dirt, sand and soil, are subject to the following requirements:

1.

Special use approval required. Quarries and open pit mines, and soil or sand removal or extraction operations, require a special land use permit approval by the mayor and city council.

2.

Application requirements. All applications shall include the following in addition to the requirements for special uses under the procedures and permits article of this UDO:

a.

An operation plan containing the following must be a part of such application:

1)

Date of commencement of the operation and its expected duration.

2)

Proposed hours and days of operation.

3)

The description of the method of operation, including the disposition of topsoil, overburden and by-products.

4)

A description of the equipment to be used in the extraction process. The applicant shall provide an estimate of the potential noise and dust levels produced by the use and the placement of such equipment.

b.

The applicant shall submit a copy of the operations plan and all documents submitted to the State of Georgia for the purpose of obtaining a state mining permit including the reclamation plan which shall include a description of how the excavated land will be restored, statement of intended future use of the land, and phasing and timing estimates of reclamation and rehabilitation activities. Operations and reclamation plans, if approved, shall be considered conditions of development approval.

c.

A study prepared by the applicant that shall identify any state, county or city-maintained road within or adjacent to the property, and shall state any repaving, alterations, turning lanes or other additions necessary to accommodate the potential increase of traffic volume or weight occasioned by the proposed operations.

d.

The applicant shall provide a statement regarding the intended use of explosives or other hazardous materials and the methods and procedures proposed for handling, use, storage and disposal of the materials.

e.

The applicant shall provide a copy of the well and soil study to be completed by applicant in connection with the application submitted to the State of Georgia for a surface mining permit, which shall include all properties within 1,000 feet of the property.

f.

In the event the applicant is not required to obtain a bond in connection with the surface mining permit issued by the State of Georgia, the mayor and city council may at its discretion require a bond calculated on a specific amount per acre for the purposes of insuring proper reclamation. Mayor and city council shall not require a bond if the applicant is required to obtain a bond in connection with its surface mining permit.

g.

The applicant shall provide documentation that it has obtained a surface mining permit from the State of Georgia and the bond required in conjunction with the surface mining permit.

3.

Restrictions.

a.

This section shall not prohibit the removal of earth and rock and filling and grading in any district done for land development purposes.

b.

No operation shall be allowed between the hours of 7:00 p.m. and 7:00 a.m. during the months of November, December, January, February, and March. No operation shall be allowed between the hours of 9:00 p.m. and 6:30 a.m. during the months of April, May, June, July, August, September and October. No operation shall be permitted on Sundays, New Years, Independence Day, Thanksgiving or Christmas Day. These restrictions shall not apply to routine maintenance and may be varied for special projects, including Department of Transportation projects and large commercial projects, with the mutual concurrence of the community development director and the mayor.

c.

Area being excavated for stone mining and quarrying shall be entirely enclosed within a barrier fence of at least six feet high located at least ten feet back from the edge of any excavation and such construction and height as to be demonstrably able to exclude children and animals from the quarry area. For other mining operations covered by this section, the excavation area shall be surrounded by earthen berms of at least four feet in height covered with thorny shrubs.

d.

Gates must be provided at all points of vehicular and pedestrian ingress and egress and shall be locked when not in regular use.

e.

All work areas shall be sufficiently illuminated, naturally or artificially, in accordance with the form of the operation and the stated hours of operation. No direct artificial illumination resulting from the operation shall fall on any land not covered by the application.

f.

Strict compliance with the chapter 38, article 3 of the City of Douglas Code of Ordinances shall be observed.

g.

Vibration levels at the boundaries of the extraction site shall not exceed a minimum peak velocity of one inches per second, steady state and two inches per second impact state.

h.

All gravel and pit access roads shall be maintained in accordance with state issued air quality permits.

i.

For quarries and open pit mines, the maximum depth of excavation shall not be below existing groundwater, except in cases where the reclamation plan indicates that a lake or lakes will be a part of the final use of the land or where such plan indicates that adequate fill from overburden is to be used to refill such excavation. No excavation shall be allowed to lower the water table of the surrounding inhabited properties to the extent there are wells with potable water within 1,000 feet of the excavation area.

j.

Notices shall be posed at regular intervals along the outer limits of the property, which shall warn against trespassing and shall contain a statement pertaining to the use of explosives, if applicable.

4.

Distance requirements.

a.

Soil or sand removal or extraction operations. Such uses shall not be established within 500 feet of a residential use or 200 feet of any other use.

b.

Quarries and open pit mines. The operational and removal area of such uses shall not be established within 4,000 feet of a residential use and within 2,000 feet of any other use.

5.

Modification of restrictions. The restrictions under section 3, restrictions, and the distance requirements under section 4 may only be modified by mayor and city council as a condition of approval of a special land use permit for the quarry or mining operation based on competent and acceptable studies or other evidence submitted by the applicant of noise, vibration or other impacts as appropriate to the operation proposed and modification requested.

6.

State permits. A copy of the state permit approval shall be maintained on file with the community development department.

BB.

Restaurants providing hookah or smoking. Restaurants providing hookah or smoking shall comply with the following:

1.

Indoor seating only.

2.

Minimum 2,500 sq. ft. of floor area required for customer seating.

3.

See International Building code for mechanical ventilation requirements. Sprinklers are required.

CC.

Solid waste transfer stations and junkyards. No solid waste transfer station or junkyard can be approved as a special use in the HI heavy industrial district if the property lies within 1,000 feet of a residential zoning district, or within 500 feet of a commercial zoning district or O-I office-institutional district. All junkyards shall be enclosed by an eight-foot high opaque fence.

DD.

Special outdoor events. Every special outdoor event on a property shall require approval of a permit by the community development director and shall comply with the following:

1.

Special outdoor events; frequency and duration.

a.

A special outdoor event shall not last longer than 15 days, and may not occur more often than four times in any calendar year on the same property, except on any developed non-residential lot having more than 5,000 parking spaces.

b.

Any two special outdoor events on the same property must be separated by at least 30 consecutive days, except on any developed non-residential lot having more than 5,000 parking spaces.

2.

Special outdoor events; requirements.

a.

Adequate parking and traffic maneuvering space must be located on the same property as the special event.

b.

Evidence of liability insurance in an amount of $1,000,000.00 injury total, $500,000.00 bodily injury to any person and $100,000.00 property damage shall be submitted as part of the application for permit approval.

c.

Signage proposed for the special event must be specified and approved as a part of the permit approval.

d.

The community development director may impose special stipulations of approval, including but not limited to the requirement to hire adequate security personnel and personnel to direct traffic.

EE.

Tattoo studios and body piercing establishments. No tattoo studios or body piercing establishments shall be located closer than 2,500 feet to another such establishment, as measured by a straight line connecting the closest edges of the parcels on which each such establishment would be located. Every applicant for a new occupation tax registration for such an establishment shall submit, with his application, a survey verifying that this distance requirement has been met.

FF.

Temporary sales office for a subdivision. A temporary sales office, where otherwise allowed, shall meet the following criteria:

1.

Temporary sales office; location. The temporary sales office shall be located on a lot within an area that has received final plat approval and has been recorded with the clerk to the superior court.

2.

Temporary sales office; restrictions.

a.

Sales shall be limited to the lots and buildings within the subdivision where the temporary sales office is located, as defined by the recorded final plat.

b.

The temporary sales office may be a manufactured home or industrialized building.

3.

Temporary sales office; removal. The temporary sales office shall be removed within 30 days after certificates of occupancy or connections to permanent power have been approved on 90 percent of the lots in the subdivision.

GG.

Transmission towers and antennae.

1.

Purposes. The purposes of this section are to:

a.

Provide for the appropriate location and development of communication towers and antennae to serve the residents and businesses of the City of Douglasville;

b.

Minimize adverse visual impacts of towers and antennae through careful design, siting, landscape screening and innovative camouflaging techniques;

c.

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures;

d.

Lessen traffic impacts on surrounding residential areas;

e.

Maximize use of any new and existing communication towers so as to minimize the need to construct new towers and minimize the total number of towers throughout the city;

f.

Maximize and encourage use of alternative tower structures as a primary option rather than construction of additional single-use towers; and

g.

Encourage and promote the location of new communication towers in areas which are not zoned for residential use.

2.

Permitted uses.

a.

Self-supporting communication towers. Upon receipt of an appropriate building permit, self-supporting communication towers may be located in the following zoning districts of the city:

1)

Light industrial (LI) and heavy industrial (HI) zoning districts as a use by right; provided however, such towers satisfy all of the conditions under "general requirements" and "shared use" of this section and do not exceed 150 feet in height;

2)

General commercial (GC), neighborhood commercial (NC), regional marketplace (RMP), office-distribution (O-D), office-institutional (O-I), as a use by right; provided however, such towers satisfy all of the conditions under "general requirements" and "shared use" of this section and do not exceed the following height limitations:

a)

For a single user, no more than 70 feet in height;

b)

For two users, no more than 100 feet in height; and

c)

For three or more users, no more than 150 feet in height.

3)

General commercial (GC), neighborhood commercial (NC), regional marketplace (RMP), office-distribution (O-D), office-institutional (O-I), light industrial (LI), heavy industrial (HI), Planned Unit Development (PUD) zoning districts with a height variance when such towers do exceed the tower heights permitted as in subparagraphs 1) and 2) above; provided however, such towers also satisfy all of the requirements under "general requirements" and "shared use" of this section.

4)

Central business (CBD), single-family detached residential (R-2), single family, duplex, and triplex residential (R-3), single-family, duplex, triplex and quadraplex residential (R-4), single-family cottage residential (R-5), planned residential development (PRD), zoning districts as a special land use: provided however, such towers shall not exceed 60 feet in height and shall also satisfy all the requirements under "general requirements" of this section.

5)

Guyed towers shall not be permitted within the central business (CBD) zoning district.

b.

Rooftop towers and antennae. Rooftop mounted communications towers and antennae may be located on any nonresidential buildings and alternative tower structures in the city so long as:

1)

The setback for such tower or antenna meets the setback requirements under the general requirements of subsection GG.3.i., and the setback requirements of the zoning district in which the tower or antenna is located;

2)

The existing freestanding nonresidential structure other than a tower on which such tower or antenna will be placed is 50 feet in height or greater and the tower and antenna will add no more than 20 feet total to the height of said existing structure;

3)

No advertising is permitted on an antenna or tower;

4)

No signs or illumination are permitted on an antenna or tower unless required by the FCC, FAA or other state or federal agency of competent jurisdiction in which case the community development director may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding uses and views; and

5)

The number and location of antennae, communication towers or other receiving or transmitting devices located on a single structure is not excessive and does not adversely affect adjacent properties and views.

c.

Prohibitions. No new cell may be established if there is a technically suitable space available on an existing tower within the search area that the new cell is to serve. For the purpose of this section, the search area is defined as the grid for the placement of the antenna.

d.

Unified tower arrays. For any unified tower array, the height of the tallest tower within the array shall be considered the height of the array. Spacing of towers within the same array is not required. Measurements for separation distances to other towers and for purposes of setbacks shall be measured from the outer perimeter of the towers included in the array; for all purposes other than tower height and spacing of towers within an array, each tower within a unified tower array must comply with all requirements of this section.

3.

General requirements. The requirements set forth in this subsection shall govern the location and construction of all towers, and the installation of all antennae, governed by this section.

a.

Building codes: Safety standards. To ensure the structural integrity of communication towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. Tower owners shall conduct periodic inspections of communication towers at least once every three years to ensure structural integrity. Inspections shall be conducted by a structural engineer licensed to practice in Georgia. The results of such inspection shall be provided to the community development director.

b.

Regulatory compliance.

1)

All towers and antennae must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate communications towers and antennae. If such standards and regulations are changed then the owners of the communications towers and antennae governed by this section shall bring such communications towers and antennae into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency.

2)

Tower owners shall provide documentation showing that each communication tower is in compliance with all federal requirements. Evidence of compliance must be submitted every 12 months.

c.

Security. Communication towers shall be enclosed by decay-resistant security fencing not less than six feet in height and shall be equipped with an appropriate anti-climbing device; provided, however, the community development director or the governing body may waive such requirements for alternative tower structures.

d.

Lighting. No illumination is permitted on an antenna or tower unless required by the FCC, FAA or other state or federal agency of competent jurisdiction in which case the community development director may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding uses and views.

e.

Advertising. No advertising is permitted on an antenna or tower.

f.

Visual impact.

1)

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA or other applicable federal or state agency, be painted a neutral color, so as to reduce visual obtrusiveness.

2)

At a tower site the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment.

3)

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

4)

Towers clustered at the same site shall be of similar height and design.

5)

Towers shall be the minimum height necessary to provide parity with existing similar tower supported antenna and shall be freestanding where the negative visual effect is less than would be created by use of a guyed tower.

g.

Landscaping. Landscaping shall be used to effectively screen the view of the tower compound from adjacent public ways, public property and residential property and shall be as follows:

1)

For towers 150 feet tall or less, a buffer area no less than six feet wide shall commence at the property line.

2)

For towers more than 150 feet tall, a buffer area not less than ten feet wide shall be provided at the property line, except that no vegetated buffer shall be required atop the ground system for any transmission tower.

3)

The buffer zone is to consist of materials of a variety which can be expected to grow to form a densely vegetated area at least five feet in height within two years of planting.

4)

Trees and shrubs in the vicinity of guy wires shall be of a kind that would not exceed 20 feet in height or would not affect the stability of the guys, should they be uprooted, and shall not obscure visibility of the anchor from the transmission building or security facilities and staff maintenance.

5)

Native vegetation on the site shall be preserved to the greatest practical extent. The applicant shall provide a site plan showing existing significant vegetation to be removed, and vegetation to be replanted to replace that lost, provided however, that no vegetation other than grass shall be required atop the ground system for any transmission tower.

6)

In lieu of these standards, the community development director may allow use of an alternate detailed plan and specifications for landscape and screening, including plantings, fences, walls and other features designed to screen and buffer towers and accessory uses. The plan shall accomplish the same degree of screening achieved by the provisions above, except as lesser requirements are desirable for adequate visibility for security purposes and/or for continued operation of existing bona fide agricultural or forest uses such as farms, nurseries and tree farms.

7)

In certain locations where the visual impact of the tower would be minimal, such as remote agricultural or rural locations or developed heavy industrial areas, the landscaping requirement may be reduced or waived by the community development director.

h.

Maintenance impacts. Equipment at a transmission facility shall be automated to the greatest extent possible to reduce traffic and congestion. Where the site abuts or has access to a collector and local street, access for maintenance vehicles shall be exclusively by means of the collector street.

i.

Principal, accessory and joint uses.

1)

Accessory structures used in direct support of a tower shall be allowed but not be used for offices, vehicle storage or other outdoor storage. Mobile or immobile equipment not used in direct support of a tower facility shall not be stored or parked on the site of the tower, unless repairs to the tower are being made.

2)

Towers may be located on sites containing another principal use in the same buildable area as long as all of the other siting, setback, separation and general requirements of this section are met. The minimum distance between a tower and another principal use located on the same lot for a monopole or lattice tower shall be the greater of 20 percent of the tower height or 25 feet (7.62 meters), and for a guy tower shall be equal to the height of the tower. This separation is required to assure compatibility of land uses and to provide for the health, safety and welfare of individuals and structures occupying the same site.

3)

Joint use of a site is prohibited when a proposed or existing principal use includes the storage, distribution or sale of volatile, flammable, explosive or hazardous materials such as propane, gasoline, natural gas and dangerous chemicals.

j.

Tower lot size, setbacks and separations.

1)

Towers may occupy a parcel as a principal use meeting the minimum lot size requirements for the zoning district in which it is located.

2)

The site shall be of a size and shape sufficient to provide an adequate setback from the base of the tower to any property line abutting a residential district, public property, or public street. Such setback shall be sufficient to comply with all of the following:

a)

Provide for an adequate vegetative, topographic or other buffer as required in this subsection;

b)

Provide a setback of 50 feet between any safe-fall tower and all property lines other than those abutting residential property or property containing any existing or planned place of public assembly, or any public or private street;

c)

Provide a setback of 50 feet plus the height of the tower between any safe-fall or non-safe-fall tower and all property lines abutting residential property or property containing any existing or planned place of public assembly, or any public or private street; and

d)

Meet the minimum yard and setback requirements of the zoning district in which the tower is located.

k.

Placement of more than one tower on a lot shall be permitted, provided all setback, design and landscape requirements are met as to each tower. Structures may be located as close to each other as technically feasible, provided tower failure characteristics of the towers on the site will not lead to multiple failures in the event that one fails.

l.

All structures and uses associated with the transmission use other than the transmission tower shall be located to meet the setbacks required in the zoning district where the tower is to be located. To encourage and accommodate shared use of a tower, the community development director may waive or reduce setback requirements by up to 50 percent to accommodate the placement of additional buildings or other supporting equipment at a tower site.

m.

No self-supporting communication tower shall be allowed within a 1,000-foot (304.80-meter) radius of an existing tower within a residential area; exceptionally, individual towers within a unified tower array may be closer than 1,000 feet to other towers within the same array.

n.

In no case shall a tower be located in the required front yard of a residential district.

o.

All self-supporting towers constructed after June 2, 1997, shall conform to the following minimum tower separation requirements:

Table 2-1 Minimum Tower Separation Requirements (English measurement)

Table 2-1A Minimum Tower Separation Requirements (Metric measurement)

4.

Shared use (colocation). All new towers shall be designed to structurally accommodate the maximum number of additional users technically practicable.

a.

Once a new tower is approved, additional antennae and accompanying accessory uses may be added to it in accordance with the approved share plan if the community development director finds that the standards of this section are met.

b.

If a new tower is approved, the owner shall be required as conditions of approval, to:

1)

Respond in a timely, comprehensive manner to a request for information from a potential shared use applicant;

2)

Negotiate in good faith for shared use by third parties; and

3)

Allow shared use where the third party seeking such use agrees in writing to pay reasonable, pro rata charges for sharing, including all charges necessary to modify the tower and transmitters to accommodate shared use, but not total tower reconstruction, and to observe whatever technical requirements are necessary to allow shared use without creating interference.

c.

Willful, knowing failure of an owner whose tower was approved after the effective date of this section, to comply with the requirement of a. through d. above shall be grounds for withholding approval of any application by such owner for a building permit or special use permit for any tower or antenna.

d.

Such conditions shall run with the land and be binding on subsequent purchasers of the tower site.

5.

Removal; intra-site relocation.

a.

Removal of antennae and towers. All towers and antennae shall be maintained in compliance with standards contained in applicable building and technical codes so as to ensure the structural integrity of such towers. If upon inspection by the building official such tower is determined not to comply with the code standards or to constitute a danger to persons or property, then upon notice being provided to the owner of the tower and the owner of the property if such owner is different, such owners shall have 30 days to bring such tower into compliance. In the event such tower or antenna is not brought into compliance within 30 days, the city may provide notice to the owners requiring the tower or antenna to be removed. The city may pursue all legal remedies available to it to ensure that communication towers and antenna not in compliance with the code standards or which constitute a danger to persons or property are brought into compliance or removed. The city may seek to have the tower or antenna removed regardless of the owners' or operator's intent to operate the tower or antenna and regardless of any permits, federal, state or otherwise, which may have been granted.

b.

Intra-site relocation. Any approved or legal non-conforming transmission tower may be relocated within the same site, so long as all requirements of this section, including but not limited to those for required setbacks, are met or compliance is achieved by means of variance. If the height of any such relocated tower is not increased, the tower shall not require new approval for height. In addition to a building permit and an electrical permit, all intra-site relocations shall require approval of the community development director for compliance with the terms of this section; the applicant shall submit a survey of the proposed relocation with any request for intra-site relocation.

6.

Abandoned towers.

a.

Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, whether or not the owner or operator intends to make use of the tower. The owner of an abandoned antenna or tower and the owner of the property where the tower is located shall be under a duty to remove such a tower or antenna. The city may pursue all legal remedies available to it to ensure that abandoned communication towers and antenna are removed. Delay by the city in taking action shall not in any way waive the city's right to take action. The city may seek to have the communication tower or antenna removed regardless of the owners' or operator's intent to operate the tower or antenna and regardless of any permits, federal, state or otherwise, which may have been granted.

b.

If the owner of an abandoned tower or antenna wishes to use such abandoned tower or antenna, the owner first must apply for and receive all applicable permits and meet all of the conditions of this section as if such tower or antenna was a new tower or antenna.

7.

Pre-existing towers/nonconforming uses.

a.

All communications towers properly permitted and operative on June 2, 1997 shall be allowed to continue their present usage as a nonconforming use and shall be treated as a nonconforming use in accordance with this ordinance. Routine maintenance, including replacement with a new tower of like construction and height, shall be permitted on such existing towers. New construction other than routine maintenance on an existing communication tower shall comply with the requirements of this section.

b.

A communication tower that has received city approval in the form of either a building permit or special use exception but has not yet been constructed or placed in operation shall be considered an existing tower so long as such approval is current and not expired.

8.

Public property. Antennae or towers located on property owned, leased or otherwise controlled by the city shall be exempt from the requirements of this section, provided a license or lease authorizing such antenna or tower has been approved by the city council.

HH.

Small cell technology in the rights-of-way.

1.

Purpose and compliance.

a.

O.C.G.A. § 32-4-92(a)(10) authorizes municipal governments to establish reasonable regulations for the installation, construction, maintenance, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers, traffic and other signals, and other equipment, facilities, or appliances in, on, along, over, or under the public roads of the city. Further, 47 U.S.C. § 253(c) provides that cities have authority to manage their public rights-of-way. Finally, the Georgia Streamlining Wireless Facilities and Antennas Act., O.C.G.A. Title 36, Chapter 66C (the "SWFAA"), addresses the placement of small wireless facilities in the public rights-of-way of local governments.

b.

The City of Douglasville finds it is in the best interest of the city and its residents and businesses to establish requirements, specifications reasonable conditions regarding placement of small wireless facilities, poles in the public rights-of-way. These requirements, specifications and conditions are adopted in order to protect the public health, safety and welfare of the residents and businesses of the city and to reasonably manage and protect the public rights-of-way and its uses in the city.

c.

The objective of this subsection HH is to (i) implement the SWFAA and (ii) ensure use of the public rights-of-way is consistent with the design, appearance and other features of nearby land uses, protects the integrity of historic, cultural and scenic resources and does not harm residents' quality of life.

2.

Definitions. As used in this subsection HH, the following terms have the following meanings:

a.

Antenna means: (i) communications equipment that transmits, receives, or transmits and receives electromagnetic radio frequency signals used in the provision of wireless services or other wireless communications; or (ii) Communications equipment similar to equipment described in part (i) used for the transmission, reception, or transmission and reception of surface waves. Such term shall not include television broadcast antennas, antennas designed for amateur radio use, or satellite dishes for residential or household purposes.

b.

Applicable codes means uniform building, fire, safety, electrical, plumbing, or mechanical codes adopted by a recognized national code organization to the extent such codes have been adopted by the State of Georgia or the city or are otherwise applicable in the city.

c.

Applicant means any person that submits an application.

d.

Application means a written request submitted by an applicant to the city for a permit to: (i) collocate a small wireless facility in a right-of-way; or (ii) install, modify, or replace a pole or decorative pole in a right-of-way on which a small wireless facility is or will be located.

e.

Authority pole means a pole owned, managed, or operated by or on behalf of the city. Such term shall not include poles, support structures, electric transmission structures, or equipment of any type owned by an electric supplier.

f.

Collocate or collocation means to install, mount, modify, or replace a small wireless facility on or adjacent to a pole, decorative pole, or support structure.

g.

Communications facility means the set of equipment and network components, including wires and cables and associated equipment and network components, used by a communications service provider to provide communications services.

h.

Communications service provider means a provider of communications services.

i.

Communications services means cable service as defined in 47 U.S.C. § 522(6); telecommunications service as defined in 47 U.S.C. § 153(53); information service as defined in 47 U.S.C. Section 153(24), as each such term existed on January 1, 2019; or wireless services.

j.

Consolidated application means an application for the collocation of multiple small wireless facilities on existing poles or support structures or for the installation, modification, or replacement of multiple poles and the collocation of associated small wireless facilities.

k.

Decorative pole means an authority pole that is specially designed and placed for aesthetic purposes.

l.

Electric supplier means any electric light and power company subject to regulation by the Georgia Public Service Commission, any electric membership corporation furnishing retail service in this state, and any municipality which furnishes such service within this state.

m.

Eligible facilities request means an eligible facilities request as set forth in 47 C.F.R. § 1.40001(b)(3), as it existed on January 1, 2019.

n.

FCC means the Federal Communications Commission of the United States.

o.

Fee means a one-time, nonrecurring charge based on time and expense.

p.

Historic district means: (i) any district, site, building, structure, or object included in, or eligible for inclusion in, the National Register of Historic Places maintained by the secretary of the interior of the United States in accordance with Section VI.D.1.a.i-v of the Nationwide Programmatic Agreement codified by 47 C.F.R. Part 1; (ii) any area designated as a historic district under Article 2 of Chapter 10 of Title 44, the Georgia Historic Preservation Act'; or (iii) any area designated as a historic district or property by law prior to April 26, 2019.

q.

Law means and includes any and all federal, state, or local laws, statutes, common laws, codes, rules, regulations, orders, or ordinances.

r.

Micro wireless facility means a small wireless facility not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height that has an exterior antenna, if any, no longer than 11 inches.

s.

Permit means a written authorization, in electronic or hard copy format, required to be issued by the city to initiate, continue, or complete the collocation of a small wireless facility or the installation, modification, or replacement of a pole or decorative pole upon which a small wireless facility is collocated.

t.

Person means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including an authority.

u.

Pole means a vertical pole such as a utility, lighting, traffic, or similar pole made of wood, concrete, metal, or other material that is lawfully located or to be located within a right-of-way, including without limitation a replacement pole and an authority pole. Such term shall not include a support structure, decorative pole, or electric transmission structure.

v.

Rate means a recurring charge.

w.

Reconditioning work means the activities associated with substantially painting, reconditioning, improving, or repairing authority poles.

x.

Replace, replacement or replacing means to replace a pole or decorative pole with a new pole or a new decorative pole, similar in design, size, and scale to the existing pole or decorative pole consistent with 47 C.F.R. § 1.40001(b)(7) as it existed on January 1, 2019, in order to address limitations of, or change requirements applicable to, the existing pole to structurally support the collocation of a small wireless facility.

y.

Replacement work means the activities associated with replacing an authority pole.

z.

Right-of-way means, generally, property or any interest therein, whether or not in the form of a strip, which is acquired for or devoted to a public road; provided, however, that such term shall apply only to property or an interest therein that is under the ownership or control of the city and shall not include property or any interest therein acquired for or devoted to an interstate highway or the public rights, structures, sidewalks, facilities, and appurtenances of buildings for public equipment and personnel used for or engaged in administration, construction, or maintenance of public roads or research pertaining thereto or scenic easements and easements of light, air, view and access.

aa.

Small wireless facility means radio transceivers; surface wave couplers; antennas; coaxial, fiber optic, or other cabling; power supply; backup batteries; and comparable and associated equipment, regardless of technological configuration, at a fixed location or fixed locations that enable communication or surface wave communication between user equipment and a communications network and that meet both of the following qualifications: (i) each wireless provider's antenna could fit within an enclosure of no more than six cubic feet in volume; and (ii) all other wireless equipment associated with the facility is cumulatively no more than 28 cubic feet in volume, measured based upon the exterior dimensions of height by width by depth of any enclosure that may be used. The following types of associated ancillary equipment are not included in the calculation of the volume of all other wireless equipment associated with any such facility: electric meters; concealment elements; telecommunications demarcation boxes; grounding equipment; power transfer switches; cut-off switches; and vertical cable runs for connection of power and other services. Such term shall not include a pole, decorative pole, or support structure on, under, or within which the equipment is located or collocated or to which the equipment is attached and shall not include any wireline backhaul facilities or coaxial, fiber optic, or other cabling that is between small wireless facilities, poles, decorative poles, or support structures or that is not otherwise immediately adjacent to or directly associated with a particular antenna.

bb.

State means the State of Georgia.

cc.

Support structure means a building, billboard, water tank, or any other structure to which a small wireless facility is or may be attached. Such term shall not include a decorative pole, electric transmission structure, or pole.

dd.

Wireless infrastructure provider means any person, including a person authorized to provide telecommunications services in this state, that builds, installs, or operates small wireless facilities, poles, decorative poles, or support structures on which small wireless facilities are or are intended to be used for collocation but that is not a wireless services provider.

ee.

Wireless provider means a wireless infrastructure provider or a wireless services provider.

ff.

Wireless services means any services provided to the public using licensed or unlicensed spectrum, including the use of Wi-Fi, whether at a fixed location or mobile.

gg.

Wireless services provider means a person that provides wireless services.

hh.

Wireline backhaul facility means an aboveground or underground wireline facility used to transport communications data from a telecommunications demarcation box associated with small wireless facility to a network.

In the event that any federal or state law containing definitions used in this subsection HH is amended, the definition in the federal or state law, as amended, shall control.

3.

Permits.

a.

A permit is required to collocate a small wireless facility in the public right-of-way or to install, modify, or replace a pole or a decorative pole in the public right-of-way. A permit is not required to perform the activities described in O.C.G.A. § 36-66C-6(e) or (f).

b.

Any person seeking to collocate a small wireless facility in the public right-of-way or to install, modify, or replace a pole or a decorative pole in the public right-of-way shall submit an application to the community development department for a permit. Applications are available from the community development department. Any material change to information contained in an application shall be submitted in writing to the community development department within 30 days after the events necessitating the change.

c.

Each application for a permit shall include the maximum application fees permitted under O.C.G.A. § 36-66C-5(a)(1), (a)(2) and (a)(3). Such maximum application fees shall automatically increase on January 1 of each year beginning January 1, 2021, as provided under O.C.G.A. § 36-66C-5(b).

d.

The community development department shall review applications for permits according to the timelines and using the procedures identified in O.C.G.A. §§ 36-66C-7 and 36-66C-13.

e.

Applications for permits shall be approved except as follows:

1)

In order to receive a permit to install a pole or replace a decorative pole, the applicant must have determined after diligent investigation that it cannot meet the service objectives of the permit by collocating on an existing pole or support structure on which: (i) the applicant has the right to collocate subject to reasonable terms and conditions; and (ii) such collocation would not impose technical limitations or significant additional costs. The applicant shall certify that it has made such a determination in good faith, based on the assessment of a licensed engineer, and shall provide a written summary of the basis for such determination.

2)

The community development department may deny an application for a permit upon any of the conditions identified in O.C.G.A. § 36-66C-7(j).

3)

For applications for new poles in the public right-of-way in areas zoned for residential use, the community development department may propose an alternate location in the public right-of-way within 100 feet of the location set forth in the application, and the wireless provider shall use the community development department proposed alternate location unless the location imposes technical limits or significant additional costs. The wireless provider shall certify that it has made such a determination in good faith, based on the assessment of a licensed engineer, and it shall provide a written summary of the basis for such determination.

f.

A permit issued under this subparagraph HH. 3. shall authorize such person to occupy the public rights-of-way to: (i) collocate a small wireless facility on or adjacent to a pole or a support structure that does not exceed the limitations set forth in O.C.G.A. § 36-66C-7(h)(3) or on or adjacent to a decorative pole in compliance with O.C.G.A. § 36-66C-12; and (ii) install, modify, or replace a pole or decorative pole for collocation of a small wireless facility that does not exceed the limitations set forth in O.C.G.A. § 36-66C-7(h)(l) and (h)(2).

g.

Upon the issuance of a permit under this subsection HH, and on each anniversary of such issuance, every person issued a permit shall submit to the city the maximum annual payments permitted under O.C.G.A. § 36-66C-5(a)(4) and (a)(5); provided, however, that if such person removes its small wireless facilities form the public rights-of-way pursuant to O.C.G.A. § 36-66C-5(e), then such person shall be responsible for the pro rata portion of the annual payment based on the number of days of occupation since the last annual payment. Upon making such pro rata payment and removal of the small wireless facilities, the person's annual payment obligations under this section shall cease as of the date of the actual removal. The maximum annual payments shall automatically increase on January 1 of each year beginning January 1, 2021, as provided under O.C.G.A. § 36-66C-5(b).

h.

Any person issued a permit shall pay the fees identified in O.C.G.A. § 36-66C-5(a)(6) and (a)(7), as applicable.

i.

The city may revoke a permit issued pursuant to this subparagraph HH. 3. if the wireless provider or its equipment placed in the public right-of-way under that permit subsequently is not in compliance with any provision of this subsection HH or the Georgia Streamlining Wireless Facilities and Antennas Act. Upon revocation, the city may proceed according to subparagraph HH.3.i.

j.

If a wireless provider occupies the public rights-of-way without obtaining a permit required by this subparagraph HH.3. or without complying with the SWFAA, then the city may, at the sole discretion of the city, restore the right-of-way, to the extent practicable in the reasonable judgment of the city, to its condition prior to the unpermitted collocation or installation and to charge the responsible wireless provider the reasonable, documented cost of the city in doing so, plus a penalty not to exceed $1,000.00. The city may suspend the ability of the wireless provider to receive any new permits from the city under this subparagraph HH.3. until the wireless provider has paid the amount assessed for such restoration costs and the penalty assessed, if any; provided, however, that the city may not suspend such ability of any applicant that has deposited the amount in controversy in escrow pending an adjudication of the merits of the dispute by a court of competent jurisdiction.

k.

All accepted applications for permits shall be publically available subject to the limitations identified in O.C.G.A. § 36-66C-6(c).

l.

An applicant may file a consolidated application related to multiple small wireless facilities, poles or decorative poles so long as such consolidated application meets the requirements of O.C.G.A. § 36-66C-13.

m.

Activities authorized under a permit shall be completed within the timelines provided in O.C.G.A. § 36-66C-7(k)(2).

n.

Issuance of a permit authorizes the applicant to: (i) undertake the collocation, installation, modification or replacement approved by the permit and (ii) operate and maintain the small wireless facilities and any associated pole covered by the permit for a period of ten years.

o.

Permits shall be renewed following the expiration of the term identified in 0 upon the terms and conditions identified in O.C.G.A. § 36-66C-7(k)(2)(B).

p.

If an application for a permit seeks to collocate small wireless facilities on authority poles in the public rights-of-way, then the city shall, within 60-days of receipt of the completed application: (i) provide a good faith estimate for any make-ready work necessary to enable the authority pole to support the proposed facility; or (ii) notify the wireless provider that the wireless provider will be required to perform the make-ready work. Any make-ready work performed by the city shall be completed pursuant to and in accordance with the provisions of O.C.G.A. § 36-66C-7(n).

4.

Removal; relocation; reconditioning; replacement; abandonment.

a.

A person may remove its small wireless facilities from the public rights-of-way according to the procedures of O.C.G.A. § 36-66C-5(e).

b.

In the event of a removal under subparagraph HH.4.a., the right-of-way shall be, to the extent practicable in the reasonable judgment of the city, restored to its condition prior to the removal. If a person fails to return the right-of-way, to the extent practicable in the reasonable judgment of the city, to its condition prior to the removal within 90 days of the removal, the city may, at the sole discretion of the city, restore the right-of-way to such condition and charge the person the city's reasonable, documented cost of removal and restoration, plus a penalty not to exceed $500.00. The city may suspend the ability of the person to receive any new permits under subparagraph HH.3. until the person has paid the amount assessed for such restoration costs and the penalty assessed, if any; provided, however, that the city will not suspend such ability of any person that has deposited the amount in controversy in escrow pending an adjudication of the merits of the dispute by a court of competent jurisdiction.

c.

If, in the reasonable exercise of police powers, the city determines: (i) a pole or support structure unreasonably interferes with the widening, repair, reconstruction, or relocation of a public road or highway, or (ii) relocation of poles, support structures, or small wireless facilities is required as a result of a public project, the wireless provider shall relocate such poles, support structures, or small wireless facilities pursuant to and in accordance with the provisions of O.C.G.A. § 36-66C-7(1). If the wireless provider fails to relocate a pole, support structure or small wireless facility or fails to provide a written good faith estimate of the time needed to relocate the pole, support structure or small wireless within the time period prescribed in O.C.G.A. § 36-66C-7(l), the city make take the actions authorized by O.C.G.A. § 36-66C-7(o), in addition to any other powers under applicable law.

d.

The city shall recondition and replace authority poles consistent with the provisions of O.C.G.A. § 36-66C-7(m). Wireless providers shall accommodate and cooperate with reconditioning and replacement consistent with the provisions of O.C.G.A. § 36-66C-7(m).

e.

A wireless provider must notify the city of its decision to abandon any small wireless facility, support structure or pole pursuant to and in accordance with the provisions of O.C.G.A. § 36-66C-7(p)(1). The wireless provider shall perform all acts and duties identified in O.C.G.A. § 36-66C-7(p) regarding abandonment. The city may take all actions and exercise all powers authorized under O.C.G.A. § 36-66C-7(p) upon abandonment, in addition to any other powers under applicable law.

5.

Standards.

a.

Small wireless facilities and new, modified, or replacement poles to be used for collocation of small wireless facilities may be placed in the public right-of-way as a permitted use: (i) upon a receipt of a permit under subparagraph HH.3.; (ii) subject to applicable codes; and (iii) so long as such small wireless facilities and new, modified, or replacement poles to be used for collocation of small wireless facilities comply with the appropriate provisions of O.C.G.A. § 36-66C-7(h).

1)

New, modified, or replacement poles installed in the right-of-way in a historic district and in an area zoned primarily for residential use shall not exceed 50 feet above ground level.

2)

Each new, modified, or replacement pole installed in the right-of-way that is not in a historic district or in an area zoned primarily for residential use shall not exceed the greater of:

i)

Fifty feet above ground level; or

ii)

Ten feet greater in height above ground level than the tallest existing pole in the same public right-of-way in place as of January 1, 2019, and located within 500 feet of the new proposed pole;

3)

New small wireless facilities in the public right-of-way and collocated on an existing pole or support structure shall not exceed more than ten feet above the existing pole or support structure.

4)

New small wireless facilities in the public right-of-way collocated on a new or replacement pole under subparagraph HH.5.a.1) or 2) may not extend above the top of such poles.

b.

A decorative pole should only be located where an existing pole can be removed and replaced, or at a new location where the city has identified that a streetlight is necessary.

c.

Unless it is determined that another design is less intrusive, or placement is required under applicable law, small wireless facilities shall be concealed as follows:

1)

Antennas located at the top of poles and support structures shall be incorporated into the pole or support structure, or placed within shrouds of a size such that the antenna appears to be part of the pole or support structure;

2)

Antennas placed elsewhere on a pole or support structure shall be integrated into the pole or support structure or be designed and placed to minimize visual impacts.

3)

Radio units or equipment cabinets holding radio units and mounted on a pole shall be placed as high as possible, located to avoid interfering with, or creating any hazard to, any other use of the public rights-of-way, and located on one side of the pole. Unless the radio units or equipment cabinets can be concealed by appropriate traffic signage, radio units or equipment cabinets mounted below the communications space on poles shall be designed so that the largest dimension is vertical, and the width is such that the radio units or equipment cabinets are minimally visible from the opposite side of the pole on which they are placed.

4)

Wiring and cabling shall be neat and concealed within or flush to the pole or support structure, ensuring concealment of these components to the greatest extent possible.

d.

Notwithstanding any provision of this subsection HH to the contrary, an applicant may collocate a small wireless facility within a historic district, and may place or replace a pole within a historic district, only upon satisfaction of the following: (i) issuance of a permit under and (ii) compliance with applicable codes.

e.

Notwithstanding any provision of this subsection HH to the contrary, an applicant may collocate a small wireless facility on a decorative pole or may replace a decorative pole with a new decorative pole, in the event the existing decorative pole will not structurally support the attachment, only upon satisfaction of the following: (i) issuance of a permit under subparagraph HH.3. and (ii) compliance with applicable codes.

II.

Vehicle storage. Vehicle storage, including the overnight parking, for commercial vehicles including scenic and sightseeing companies, taxi cabs, buses and similar type vehicles shall only be in the LI or HI industrial districts.

JJ.

Veterinarian. A veterinarian clinic or office located in the O-I office-institutional district is not allowed to provide boarding of animals or outdoor kennels or runs.

KK.

Yard sales.

1.

Yard sales; defined. A yard sale is a temporary event involving the sale of used household belongings by an individual at his principal residence or by a group of residents combining such items for a group yard sale at one of their principal residences.

2.

Yard sales; frequency and duration. A yard sale may be held no more often than four times in a calendar year on the same property, with each individual sale lasting no more than three consecutive days.

3.

Yard sales; restrictions.

a.

All merchandise must be the property of those holding the sale and not be purchased for the purpose of resale.

b.

See also the "sign regulations" division of this UDO for restrictions on signs related to temporary events.

LL.

Shipping containers for commercial uses.

1.

Shipping containers for commercial uses shall be allowed only as permitted or special land use permits in the zoning districts referenced in the use table (see section 2.02).

a.

Development plan required. A development plan is to be submitted for all shipping container developments and shall include:

1)

Site plan. The site plan shall be a minimum scale of one inch equals 20 feet and the minimum drawing size for both the site plan and exterior elevations plan is required to be 11 inches by 17 inches. It shall include, at minimum, property lines and all adjacent streets, all existing structures and equipment locations, structural dimensions and locations from the property lines and any existing structures/equipment, seating areas, ingress, egress, building height, rights-of-way, building setbacks, buffers, landscape strips, parking, sidewalks, and location of overhead and underground utilities.

2)

Building elevations. Building elevations shall include a list of exterior façade materials including the type, location, and size of any fenestration including windows, doors, and skylights. They should also include the scale, material, and location of any accent materials.