(a)

Accessory Structures. Accessory structures shall not be permitted for any non-residential zoning districts except as specifically allowed in this ordinance. Reference section 14.3 for churches, temples, synagogues, or other places of worship.

(Ord. No. 348-17, § 1(Exh. A), 8-2-2018)

Amateur radio antennas and antenna structures are a permitted accessory use to a nonresidential use in accordance with the following requirements:

(a)

Height. No antenna or antenna structure, including any support upon which it may be constructed, shall exceed a height of seventy (70) feet, except by approval of a conditional use permit.

(b)

Location. Amateur radio antennas and structures shall be setback a distance of at least one-half the height of the tower or structure from all property lines.

(Ord. No. 348-17, § 1(Exh. A), 8-2-2018)

A residence for a night watchman, accessory to a business, institutional, or industrial operation, may be established in a single-family detached dwelling or as a unit located within a commercial or industrial building. The Zoning Administrator may approve one residence or dwelling with a minimum gross floor area of 600 square feet, within a principal building or in an accessory housing unit, on the site of a business, institutional, or industrial operation as an accessory use, provided that the applicant supplies evidence to the Zoning Administrator of need for full-time security or 24-hour on-site management. Design review and approval is required (see Article 40 of this zoning ordinance).

(Ord. No. 348-17, § 1(Exh. A), 8-2-2018)

A manufactured homes or other temporary buildings or structures shall not be occupied as a permanent office or for any other use in any district; provided, however that such manufactured homes or other temporary buildings or structures may be used for a temporary office on a site where a non-residential development is under construction, subject to the following:

(a)

Approval and Permit. Approval by the Zoning Administrator and issuance of a building permit. Said permit shall be temporary but renewable once after a period of six (6) months. Said permit shall only be issued if plans and permit(s) have been approved for one or more permanent buildings on the subject property.

(b)

Water and Sewer. Adequate water and sewage disposal for the structure(s) is approved by the Hall County Environmental Health Department.

(c)

Additional Installation Provisions. The Zoning Administrator is authorized to require additional installation standards to ensure compatibility of appearance and functional safety of the construction field office and the site on which it is located.

(d)

Removal Upon Occupancy. Said manufactured home(s) or temporary building or structure(s) shall be removed from the site no later than upon the occupancy of the appropriate permanent building(s) or structure(s) intended for such use.

(Ord. No. 348-17, § 1(Exh. A), 8-2-2018)

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

(Ord. No. 348-17, § 1(Exh. A), 8-2-2018)

(a)

Height. Fences or freestanding walls shall not exceed eight feet in height.

(b)

Setback and Location. No fence or freestanding wall shall be erected in the front yard nor shall it be erected in a manner that obstructs visibility at street intersections or driveways.

(c)

Composition and Materials. Fences shall be constructed of wood, wrought iron, or other materials approved on a case by case basis by the Zoning Administrator. Walls or fences composed or constructed of exposed concrete block, tires, junk, or other discarded materials shall not be permitted.

(Ord. No. 348-17, § 1(Exh. A), 8-2-2018)

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

(Ord. No. 348-17, § 1(Exh. A), 8-2-2018)

It shall be unlawful on any nonresidential or vacant lot to park or continuously store abandoned, wrecked, junked or inoperable vehicles, power-driven construction equipment, used lumber or metal, used appliances, or any other miscellaneous scrap material that is visible from a public road or adjacent or abutting property.

(Ord. No. 348-17, § 1(Exh. A), 8-2-2018)

Outdoor storage of any kind shall not be permitted without written approval by the Zoning Administrator. Requests to allow outdoor storage shall be reviewed on a case by case basis.

(Ord. No. 348-17, § 1(Exh. A), 8-2-2018)

No nonresidential subdivision or business or industrial park entrance monument shall be permitted to be erected unless it meets the following requirements:

(a)

Design. The project entrance monument and the landscape surrounding the monument shall be designed by a registered landscape architect.

(b)

Design Review. Design plan review and approval is required. See Article 40 of this zoning ordinance.

(Ord. No. 348-17, § 1(Exh. A), 8-2-2018)

It is the intent of this Section to permit small-scale, accessory retail uses in office complexes, business and industrial parks, lodging facilities and institutional uses with gross floor areas of 10,000 square feet or more, including without limitation, barber shops, beauty shops, dry cleaning, drug stores, book stores, florists, gift shops, convenience food stores, news stands, and cafeterias, sandwich shops, and restaurants, subject to the requirements of this Section. Retail sales and services accessory to the operation of such specified facilities with 10,000 or more gross square feet of floor area are permitted where otherwise not listed as a permitted use, subject to the requirements of this Section:

(a)

Enclosure. The activity must be conducted wholly within the building in which the principal use is located and shall be limited to 15 percent of total gross floor area of the building. No merchandise shall be stored or displayed outside the structure in which the principal use is located.

(b)

Entrance. The public entrance or entrances to the activity shall be from a lobby, hallway, or other interior portion of the building in which the principal use is located, except for restaurants located within an office building, business or industrial park or lodging which shall be permitted one exterior public entrance.

(Ord. No. 348-17, § 1(Exh. A), 8-2-2018)

A special temporary outdoor event is an activity accessory to a business or organization that is not part of its normal daily activities, such as a grand opening or closeout sale, or any temporary event conducted by a civic, philanthropic, educational or religious institution, such as a fund-raising or membership drive. A special temporary outdoor event may be authorized subject to permit approval by the Zoning Administrator and in compliance with the following:

(a)

Duration. The duration of the event shall not last longer than 30 consecutive days.

(b)

Frequency. Special temporary outdoor events shall not take place more frequently than two (2) times in any calendar year on the same premise. Any two such events on the same premise must be separated by at least 30 consecutive days.

(c)

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

(d)

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

(Ord. No. 348-17, § 1(Exh. A), 8-2-2018)

On sites where educational or religious facilities are permitted, one or more temporary classrooms, which may be modular structures or manufactured homes, may be permitted as temporary uses by the Zoning Administrator, upon application and after the issuance of a building permit. The Zoning Administrator may attach reasonable conditions on the issuance of such permit to ensure compatibility and public safety. The duration of such temporary use and building permit shall not exceed one (1) year, unless an extension is granted by City Council.

(Ord. No. 348-17, § 1(Exh. A), 8-2-2018)

(a)

Defined. A food truck is a licensed, motorized vehicle or mobile food unit which is temporarily placed on a privately owned lot (or in authorized instances, on public property) where food items are sold to the general public. A food truck is by definition an accessory use.

(b)

Motor Vehicle Tag. A food truck must have a valid tag from the state's Division of Motor Vehicles.

(c)

Food Service Rules. Food trucks shall operate in accordance with the State of Georgia's Rules and Regulations Food Service - Chapter 290-5-14, Manual for Design, Installation and Construction, Section U - Special Food Service Operations.

(d)

Health Department License, Permit or Approval. The operator of a food truck shall make application for a license or permit as may be required to the Hall County Health Department, and the applicant shall submit evidence of health department approval as part of an application for a zoning permit. No food truck shall operate without a health department permit or approval.

(e)

Zoning Restrictions and Zoning Permit. Food trucks are permitted in CBD and HB zoning districts only, as an accessory use to an office, institutional, commercial, or industrial establishment. A zoning permit for a food truck shall be applied for and must be received from the Zoning Administrator prior to operation.

(f)

On-Site Location Requirements.

1.

Food truck operators shall obtain the signed approval of the property owner for each location at which the food truck operates. Such approval must be made available for inspection upon request.

2.

The location for the parking and operation of food trucks must be approved by the Zoning Administrator. The approved location must be marked on a site plan of the lot on which it is located, and the Zoning Administrator may require the food truck location on the ground to be marked with paint, tape, chalk, or any other easily identifiable material.

3.

Food trucks shall be located no less than ten (10) feet from any fire hydrant, sidewalk, utility box, handicap ramp, or building entrance. No fire lane, vehicular access way, or pedestrian walkway shall be obstructed or encroached upon by the food truck or its operational area. Food trucks shall not park in handicapped accessible parking spaces; a food truck may be permitted to occupy any other private parking space, unless it is determined by the Zoning Administrator that parking demand may exceed supply at the subject location while the food truck is operating.

(g)

Location Restrictions from Certain Adjacent Uses. No food truck shall operate (as measured in a straight line from property line to closest point of the approved food truck location, where distances are specified):

1.

Within 750 feet of a public or private elementary, junior or high school while school is in session.

2.

On a public or private street, or on in a city park or other open space, unless a temporary permit is granted by the City Manager. The City Manager is authorized to promulgate additional rules and regulations for the issuance of temporary permits for food trucks on public streets and public properties.

(h)

Operational Limitations. Food trucks shall comply with the following:

1.

Food trucks shall not operate between the hours of 10:00 p.m. and 7:00 a.m. unless authorized by the City Manager.

2.

Food trucks shall be limited in their operation to a maximum of six (6) consecutive hours per day at any single location.

3.

Food trucks shall not be parked in an approved operating location overnight and shall not be parked longer than one hour before or after allowable hours of operation; a food truck shall not be in a set-up/start-up or break-down/close-up mode between the hours of 11:00 p.m. and 6:00 a.m.

4.

No food truck shall be permitted to have a vehicular drive-through facility or drive-up window.

5.

No amplified microphones or bullhorns shall be permitted as part of the food truck operation.

6.

The food truck must be self-contained with regard to water and sanitary sewer needs; no temporary potable water or sanitary sewer shall be permitted.

7.

Signage and advertising shall be limited to copy on the food truck itself, and one "sidewalk" sign as defined in the city's sign regulations, not to exceed four square feet of area, located only within the operational area approved by the Zoning Administrator. Such signage shall be in addition to that approved for the principal use on the lot.

8.

All associated equipment, such as trash receptacles and signage, must be confined within the operational area approved by the Zoning Administrator.

(j)

Sanitation. Food truck operators shall be responsible for the proper disposal of waste and trash associated with the operation. City trash receptacles shall not be used for this purpose. Operators shall remove all waste and trash prior to leaving each location or as needed to maintain the health and safety of the public.

(Ord. No. 524, § 2, 7-7-2016; Ord. No. 348-17, § 1(Exh. A), 8-2-2018)