No person shall hereinafter construct, maintain or operate any airport, heliport or helipad in Forsyth County without the owner thereof having first obtained a conditional use permit as hereinafter set forth.

(Amd. of 10-2-2008)

(a)

Limited airport use: Use of an airport by the owner thereof solely for private transportation purposes without charge or fee; provided, however, that no aircraft utilizing the airport exceeds the capacity for carrying a maximum of four adult passengers, and, provided further, that no aircraft utilizing the facility is powered or otherwise propelled by turbine or jet engines and further, that no aircraft is stored or hangared at the airport for a charge or fee, no flight or ground instruction is carried on at, or from, the airport, no instrument, air frame, or engine repair is undertaken at the airport for third parties for a charge or fee, and no fuel, supplies, or aircraft sales are undertaken at the airport.

(b)

General airport use: Use of an airport by a person for other than private transportation purposes, use of an airport by aircraft with a capacity to carry more than four adult passengers, use of an airport by aircraft propelled by jet or turbine engines, use of an airport for any commercial activity prohibited in section 16-1.2(a) above.

(c)

Heliport use: Use of a heliport for routine and regular landings and takeoffs of one or more helicopters whether for private, non-commercial purposes or not.

(d)

Helipad use: Use of a helipad for landings and takeoffs of helicopters whether for private, non-commercial purposes or not.

(Amd. of 10-2-2008)

The board of commissioners may issue a general airport use permit provided:

(a)

The proposed airport site shall be of sufficient size to meet the Federal Aviation Administration requirements for the class of airport proposed.

(b)

There shall be no existing or proposed flight obstructions such as towers, chimneys or other natural obstructions outside the proposed airport which would fall within the approach zone to any of the proposed airport runways or landing strips.

(c)

There shall be sufficient distance between the end of each usable landing strip and the airport boundary to satisfy the requirements of the Federal Aviation Administration and in no event shall the landing strip, or strips, be less than 200 feet from any property line. In cases where air rights or easements have been acquired from the owners of abutting properties in which approach zones, satisfactory evidence thereof shall be submitted with the application.

(d)

Adequate space for off-street parking shall be provided.

(e)

Application shall be accompanied by a plan, drawn to scale, showing the proposed location of the airport; boundary lines; dimensions; names of the owners of abutting properties; proposed layout of runways; landing strips or areas, taxi strips, aprons, roads, parking areas, hangars, buildings, and other structures and facilities; the location and height of all buildings, structures, trees and overhead wires falling within the airport approach zone in less than 500 feet distance from the boundary lines of the airport; other pertinent data such as topography and grading plan, drainage, water, and sewage, etc.; such licenses and permits as may be required by the Federal Aviation Administration and the Georgia Department of Transportation for the class of airport proposed.

(f)

All applications for general airport use permits shall be subject to the same notice and review procedures required for the enactment of amendments to this resolution.

(g)

The board of commissioners shall have determined that all of the foregoing requirements have been satisfied, and further, that the benefits of and need for the proposed airport are greater than any possible depreciating effects and damages to the neighboring properties.

The board of commissioners may issue limited airport use permits provided all requirements of foregoing section 16-1.3 have been satisfied and upon sworn affidavit by the applicant certifying that the airport shall be used only for the limited airport uses set forth in section 16-1.2(a) of this resolution.

Limited airport use permits shall not be assignable or transferable and shall terminate automatically upon any usage in conflict with those permitted in section 16-1.2(a).

Heliports and helipads require conditional use permits in specified commercial, industrial and agricultural zoning districts. Heliports and helipads have unique land use impacts and must be consistent with public interest and safety. Such facilities must meet applicable safety standards of the Federal Aviation Administration, state safety standards, and fire suppression and safety standards of the fire marshal. The board of commissioners may issue heliport and helipad use permits at a fee to be set by the board from time to time, provided all requirements of foregoing section 16-1.3 have been satisfied and upon sworn affidavit by the applicants certifying that the heliport or helipad shall be used only for the uses set forth in section 16-1.2(c) and (d) of this Code. Heliport and helipad use permits shall not be assignable or transferable and shall terminate automatically upon any usage in conflict with those permitted in section 16-1.2(c) and (d). Helicopter landing areas shall be at least 200 feet from all property lines adjacent to residential and agricultural zoning districts and at least 50 feet from property lines in all other zoning districts. Air ambulances shall comply only with a 50 foot setback from all property lines. All take-off, landing, and parking areas for heliports must be surfaced with a dust proof material. The director or board of commissioners may require an acoustical report and a noise mitigation plan be approved and implemented prior to the issuance of any permit for a heliport or helipad.

(Amd. of 10-2-2008)

The purpose of this section is to establish guidelines for the siting of all wireless, microwave towers, common carrier towers, cellular, television and radio telecommunications towers and antennas. The regulations and requirements set forth herein are adopted for the following purposes:

(a)

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

(b)

To protect residential areas and land uses from potential adverse impacts of communication towers and antennas;

(c)

To minimize adverse visual impacts of communication towers and antennas through careful design, siting, landscape screening and innovative camouflaging techniques;

(d)

To accommodate the growing need for communication towers and antennas while minimizing the total number of towers within the community necessary to provide adequate personal wireless services to residents of Forsyth County;

(e)

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

(f)

To consider public health, safety and welfare;

(g)

To encourage the design and construction of towers and antennas to minimize adverse visual impacts;

(h)

To avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

(a)

All new communication towers and communication antennas in Forsyth County shall be subject to these regulations and all other applicable regulations. For purposes of measurement, communication tower setbacks and separation distances as set forth in this article shall be calculated and applied irrespective of county and municipal jurisdictional boundaries.

(b)

All communication towers and communication antennas legally existing on February 8, 1999 shall be considered legal non-conforming uses, allowed to continue their usage as they presently exist: provided however, anything other than routine maintenance, including without limitation, structural modifications including provisions for additional antennas or additional providers and/or new construction on an existing communication tower, shall comply with the requirements of this article with the exception of separation distances. Routine maintenance shall be permitted on such existing towers.

(c)

The performance and construction standards provided for in this article shall apply to all new communication tower construction including such construction that shall occur in areas zoned under the commercial tower zoning designation established by Ordinance 30J, now repealed.

(d)

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

(e)

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

(a)

Principal or accessory use. A tower and/or antenna is considered a principal use if located on any lot or parcel of land as the sole or primary structure, and is considered an accessory use if located on a lot or parcel shared with a different existing primary use or existing structure. An existing use or structure on the same lot or parcel shall not preclude the installation of an antenna or tower. For purposes of determining whether the installation of a tower or antenna complies with zoning district requirements, including but not limited to set-back, buffer and other requirements, the dimensions of an entire lot or parcel shall control, even though the antenna or tower may be located on a leased area within such lot or parcel. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this ordinance shall not be deemed to constitute the expansion of a non-conforming use or structure.

(b)

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

(Amd. of 12-1-2011)

(a)

In addition to and in conjunction with the information required with a rezoning application, each application shall include a scaled site plan with topographical information, an elevation view, and other supporting drawings, calculations and documentation.

(b)

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

(c)

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

(d)

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

(e)

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

(1)

Existing towers and buildings do not technologically afford the applicant the ability to provide service to the service area of the applicant or service provider, or the cost or contractual provisions required by a tower owner to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable; and

(2)

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

(3)

There exists a present demand and formal commitment by wireless services providers to locate at the proposed site.

Communication towers and communication antennas are considered conditional uses and upon proper application and approval may be permitted in zoning districts as specified in the permitted uses tables found in the individual zoning district chapters of this Code.

(Amd. of 11-15-2004)

(a)

Structural design. New communication towers/antennas and modifications to existing structures including, without limitation, the addition of height, antennas or providers shall be constructed in accordance with all applicable county building codes and shall meet or exceed current standards and regulations of all applicable federal, state and local authorities. Lattice tower structures are prohibited.

(b)

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

(c)

Separation from residential uses. Separation requirements for communication towers from residentially zoned lands or residential uses shall be a minimum of 500 linear feet. Communication tower separation shall be measured from the base of the tower to the closest point of off-site uses.

(d)

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

TABLE 16.1
SEPARATION REQUIREMENTS BY TOWER TYPES

(e)

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

(f)

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

(1)

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

(2)

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

(3)

All landscaping shall be of the evergreen variety and shall conform with the buffer standards available for inspection at the department of planning and community development.

(g)

Height.

(1)

No freestanding communication tower/antenna shall exceed 200 feet in height from ground level.

(2)

Where installed on top of a building, no communication tower/antenna shall extend greater than 20 percent over the building height.

(3)

An existing communication tower may be modified to a taller height not to exceed 20 feet over the tower's existing height to accommodate the co-location of an additional communication antenna(s).

a.

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

b.

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

(h)

Illumination. Communication towers/antennas shall not be artificially lighted except to assure human safety or as required by the Federal Aviation Administration.

(i)

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

(1)

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

(2)

Lattice communication towers that were approved but not yet constructed prior to effective date of this Code shall be engineered and constructed to accommodate a minimum of two additional communication service providers.

(3)

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

(4)

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

(j)

Noninterference. No communication tower or antenna shall interfere with public safety communication. Frequency coordination is required to ensure noninterference with public safety system and/or public safety entities.

(k)

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

(l)

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

(m)

Abandonment. Without waiving the county's right to determine whether or not a communication tower has been abandoned, it shall be the joint duty of both the property owner and tower owner to notify the county in writing of any intent to abandon use of the tower. Said notice shall include steps that tower and/or property owner shall take to accomplish removal of the tower structures. In the event the use of any communication tower has been discontinued for a period of 180 consecutive days, the tower shall be deemed to have been abandoned. Upon such abandonment, the owner/operator of the tower shall have an additional 180 days within which to: (1) reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower; or (2) dismantle and remove the tower. The owner of the real property shall be ultimately responsible for all costs of dismantling and removal and in the event the tower is not removed within 180 days of abandonment, the county may proceed to do so and assess the costs against the real property. The lien of such assessment shall bear interest, have priority and be collectable at the same rate and in the like manner as provided for by Georgia law. At the earlier of 181 days from the date of abandonment without reactivation or upon completion of dismantling and removal, any conditional use permit, waiver and/or variance approval for the tower shall automatically expire.

(n)

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

(o)

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

(p)

Fees.

(1)

The fees for conditional use approval for a communication tower/antenna shall be the same as rezoning fees for the CBD category.

(2)

The development permit fees shall be the same as for any commercial development.

(3)

The building permit fees shall be set at $200.00 and shall cover the tower and associated equipment building. Any other permits required shall be charged at the prescribed rate at the time of development or construction.

(4)

As with any conditional use or special exception application, the applicant shall be required to submit additional amounts as deemed sufficient and appropriate by the county in order to obtain any needed technological expertise so as to assist county staff in evaluation the request.

(Amd. of 12-1-2011)

Any request for variance from the provisions of this article shall be presented directly to the Forsyth County Board of Commissioners.

Notwithstanding any other provision of this article, the installation, maintenance, and operation of antennas and other associated equipment of the type commonly known as small cell communications equipment ("small cell wireless communications equipment") shall be governed by the master right-of-way agreement for mini cell adopted by the board of commissioners and/or the small wireless facilities and antennas ordinance, as applicable, unless otherwise required by law.

(Amd. of 1-3-2019; Amd. of 10-1-2019)

A home business may be classified as "professional home office" or "home occupation" based on the specific characteristics of and activities associated with said home business. A "professional home office" is more restricted than a "home occupation" as detailed below; with one principal distinguishing characteristic being that a professional home office does not permit nonresidential employees and on-site customers. The determination as to whether a home business is classified as a "professional home office" or "home occupation" shall be made by the director as set forth herein.

(a)

Professional home offices. Professional home offices are businesses that, by their nature, appearance and inherent operational activities and characteristics, are less intensive in character and activity and are, therefore, less likely to have a noticeable and negative impact on the residential or agricultural character of the subject property and surrounding neighborhood. Due to the less intensive nature of these activities, applications for professional home office need only be reviewed by staff for administrative approval and more than one professional home office per residence may be granted. A professional home office shall comply with all of the following performance criteria and general requirements set forth in this article:

(1)

Activities associated with a professional home office shall be conducted entirely within residential dwelling (including an attached garage, or, one detached garage when no attached garage exists; and

(2)

The display, storage or parking of materials, goods, supplies, or equipment outside of the dwelling or within an accessory building (excluding an attached garage) is prohibited; except as may be permitted in the agricultural zoning districts as provided for in chapter 17, section 6.4; and

(3)

There shall be no nonresident employees working upon the residential property for which a professional home office permit license has been granted; and

(4)

There shall be only two customers on the premises; and

(5)

No more than one vehicle, used primarily as a passenger vehicle, shall be permitted in connection with the professional home office. Trucks with three or more axels, including those with one axel in the front and two in the rear, tractor trailers, heavy equipment, etc. are not allowed except as may be permitted in the agricultural zoning districts as provided for in chapter 17, section 6.4.; and

(6)

The use of exterior signage is prohibited.

(b)

Home occupations. Home occupations are businesses that, by their nature, appearance and inherent operational activities and characteristics, are potentially more intensive in character and activity and are, therefore, more likely to have a noticeable and negative impact on the residential or agricultural character of the subject and surrounding properties. Due to the more intensive nature of these activities, only one home occupation is allowed per residence. Home occupations shall comply with all of the following performance criteria and general requirements set forth in this article:

(1)

Unless otherwise specifically approved by the planning commission, all activities associated with a home occupation shall be conducted entirely within the residential dwelling and/or in an enclosed accessory building or structure, provided said building meets all the requirements of this Code; and

(2)

The display, storage or parking of materials, goods, supplies, or equipment outside of the dwelling is permitted in an enclosed accessory building except as may be permitted in the agricultural zoning districts as provided for in chapter 17 section 6.4; and

(3)

The number of part or full-time non-resident employees working upon the premises for which a home occupation permit license has been granted shall not exceed three employees; and

(4)

There shall only be only two customers on the premises at any given time; and

(5)

There shall be no retail sales of goods not made on the premises; and

(6)

No more than two vehicles, used primarily as passenger vehicles, shall be permitted in connection with the home occupation. Trucks with three or more axels, including those with one axle in front and two in rear, tractor trailers, heavy equipment, etc. are not allowed except as may be permitted in the Agricultural zoning districts as provided for in chapter 17, section 6.4; and

(7)

Exterior signs shall be limited to the following options:

(a)

One sign not greater than two square feet in area and flush-mounted to the residential dwelling; and if applicable.

(b)

Those home occupations having a minimum of 75 feet of frontage along a minor or major arterial roadway shall be entitled to a sign permit upon the tendering of a complete sign application to the department, to place one non-illuminated monument sign or monument blade sign not greater than 16 square feet maximum sign face not exceeding six feet in height.

(c)

The monument sign authorized in subsection (7)(b) shall be removed upon the home occupation being discontinued, abandoned, or withdrawn at that location. The application referenced in subsection (7)(b) shall require the applicant to acknowledge this removal requirement as a condition to receipt of a sign permit.

(d)

The sign allowance in subsection (7)(b) shall control over any additional sign allowance available on residentially zoned properties in the Forsyth County Sign Ordinance.

(c)

Prohibited home business.

(1)

Any type of repair or assembly of vehicles or equipment with internal combustion engines or of large appliances or any other work related to automotive parts is prohibited.

(2)

Group instruction, assembly or activity is prohibited.

(3)

Call centers, and dispatch centers.

(4)

Special events facilities, to include outdoor commercial recreation.

(5)

Lodging services.

(6)

Private clubs.

(d)

Home occupations in agricultural zoning districts.

(1)

All home occupation applications in agricultural zoning districts shall require a public hearing before the planning commission, except if the following conditions are satisfied then staff approval shall be authorized:

(a)

Minimum lot area. The parcel shall be a minimum of five acres in size and zoned agricultural (A1) or agricultural-residential (AG-RES).

(b)

Hours. Hours of operation shall be limited between the hours of 7:00 a.m. to 7:00 p.m., seven days a week.

(2)

Group instruction, assembly or activity is permitted on parcels zoned agricultural (A1) upon approval of a home occupation application by the planning commission. The following shall also apply:

(a)

Maximum number of attendees shall be limited to ten persons at any given time.

(3)

Cottage food operations, when located within agricultural zoning districts, are not classified as home occupations. A cottage food permit shall be required.

(Amd. of 11-15-2004; Amd. of 6-2-2011; Amd. of 12-1-2011; Amd. of 4-5-2012; Amd. of 9-5-2019; Amd. of 8-3-2023; Amd. of 10-5-2023; Amd. of 11-2-2023)

Both professional home offices and home occupations shall comply with the following requirements prior to or as a result of compliance with any conditions of approval required for issuance of a professional home office or home occupation license. Nothing herein is intended to supersede restrictive covenants, or other private agreement or restriction, where the provisions of the covenant, private agreement or restriction impose duties and obligations more restrictive or standards that are higher than the requirements of these regulations:

(a)

All applicable state, federal, and local business and/or occupational licenses shall be obtained or applied for at the time of application for either a professional home office or home occupation license. All activities associated with a home occupation or professional home office and the residential dwelling, accessory building(s), structures(s), and overall property from which such home occupation/professional home office is being conducted shall comply with all applicable county and state building, fire, sanitary and health requirements and regulations. Noncompliance with any applicable requirement and/or regulations may be grounds for denial or revocation of a home occupation or professional home office application.

(b)

The owner/proprietor of a home business shall be responsible for notifying the director of any changes to the conduct, nature or scope of the home business that render the business different from that included in the description provided as part of the application, or from any conditions or restrictions imposed as part of the license. Such changes may result in the discontinuation of the use, or the need for a new application and reclassification of the home occupation or professional home office.

(c)

The home business shall be conducted from the owner's/proprietor's principal domicile or permanent home.

(d)

Activities associated with a home business shall not generate any solid or liquid waste, water consumption, traffic, noise, vibrations, smoke, dust, odor, heat, glare, disturbance or interference with the provision of electrical, television or other utility services, or create any safety hazards exceeding those which are typically and customarily produced by and/or associated with a residential dwelling and residential uses in the zoning district and surrounding neighborhood within which the subject property and home business is located. Light spillage restrictions as outlined in section 16-4.25 shall be met and maintained. The total area used to conduct activities associated with a home business should not exceed 33 percent of the finished space within the principal building. For purposes of this calculation, finished space within the principal building shall exclude unheated areas such as porches, unfinished basements, garages and decks.

(1)

All licensed owners/proprietors of home businesses that verifiably existed on or before November 22, 1999 that are nonconforming with the area requirements specified in this article, shall be exempt from these requirements. Such businesses shall be permitted to expand in conformance with the requirements of this article and Code.

(e)

The residential dwelling, accessory buildings and structures, and overall property shall remain residential in character and appearance that are typical and customary for residential property located in the zoning district within which the home business is located. Structural and other alterations and alterations in the exterior or interior appearance that will make the dwelling, buildings, and/or the site appear or function similar to a commercial operation are prohibited. Prohibited alterations may include, but are not limited to, the creation of a separate or exclusive entrance(s) for business purposes, use of signage or other advertising other than that allowed as set forth herein and commercial-like exterior lighting.

(f)

All parking shall be located in an off-street location on a paved, gravel or other suitable parking surface. Parking on lawn areas is prohibited.

(g)

Wholesale or retail sales from within a residential dwelling, accessory building or structure, or from a residential property on a regular or year-round basis or as a primary activity or function of the home occupation or professional home office shall be prohibited except for sales conducted entirely via the mail, telephone or internet. No goods or products intended for sale shall be displayed outside of a dwelling, accessory building or structure, or elsewhere on the property. This provision is not intended to limit or prohibit the sale of agricultural products grown from the same agricultural property. In addition, year-round retail sales comprising the primary business activity of a home occupation shall be permitted on agriculturally zoned parcels (A1) when approved by the planning commission.

(h)

Truck deliveries or pick-ups of supplies or products associated with a home business shall be limited to the type of vehicles and pick-up/delivery hours that are typical and customary for residential dwellings and uses located in the zoning district within which the home business is located. Specifically, these vehicles shall be limited to the types of vehicles associated with the delivery of domestic mail and packages.

(i)

In order to ensure that a home business does not become a nuisance to the surrounding properties and property owners, the director, or planning commission may impose reasonable conditions as deemed necessary to protect the health, safety, and welfare of said properties, property owners and general public.

(j)

Owners/proprietors of a home occupation shall permit a limited inspection of the premises by the director or other duly authorized agent of the board of commissioners or other agency having jurisdiction or responsibility for enforcing applicable laws, requirements, and regulations at the time of application or after the home occupation has commenced operation in order to determine compliance with the requirements of this Code and/or the conditions of the license. Failure to cooperate in providing such access may result in the immediate discontinuation of the home occupation or professional home office license.

(k)

Owners/proprietors of all home businesses shall maintain a valid business license. Failure to hold a valid business license will invalidate the home occupation or professional home office.

(l)

All home occupation and professional home office licenses shall be deemed valid for an initial twelve-month period unless otherwise provided for as a condition of the approval. After the initial twelve-month period, all home occupation and professional home office permits shall expire on the first day of April. The director may revoke a home occupation and professional home office license if any of the following circumstances occur:

(1)

Changes occur in the activities or character of the home occupation or professional home office being conducted that warrant additional review and approval by the director, or planning commission;

(2)

Whenever the director has reasonable cause to believe that any of the general or specific requirements and/or performance criteria set forth in the Code, or conditions imposed as part of the professional home office or home occupation are being or have been violated, or, any activity associated with conduct of the home occupation or professional home business becomes hazardous, harmful, noxious, offensive or a nuisance to the surrounding neighborhood and properties.

(m)

If the director does revoke a home occupation or professional home office license, the director's decision may be appealed to the ZBA.

(n)

The granting of a home occupation or professional home office license shall not constitute a covenant running with the property from which such home business is being conducted. A home occupation or professional home office license shall not be transferable to another property and shall automatically and immediately terminate and become null and void upon the sale, lease, or transfer of said property to a party different than to whom the home occupation or professional home office license was originally granted.

(Amd. of 11-15-2004; Amd. of 12-1-2011; Amd. of 4-5-2012; Amd. of 12-20-2016; Amd. of 4-15-2021; Amd. of 10-7-2021; Amd. of 11-2-2023)

(a)

An appeal of any decision by the director shall be processed and considered by the zoning board of appeals as set forth in chapter 8 of this Code.

(b)

All renewal applications for home occupation and professional home office licenses shall be reviewed and either approved, approved with conditions, or denied by the director within 30 days of the date said renewal application has been received by the department.

(Amd. of 11-1-2007; Amd. of 12-1-2011; Amd. of 4-5-2012)

Editor's note— An amendment adopted April 5, 2012, repealed § 16-3.4, which pertained to renewal of home occupation and professional home office permits and derived from Amd. of 12-1-2011.

Accessory structures are permitted in all residential zoning districts. Accessory structures shall meet the following standards:

(a)

The height of the accessory structure shall not exceed the height of the principal building.

(b)

Accessory structures must be constructed in conjunction with or after the principal building is constructed.

(c)

The following limitations on the allowable square feet of accessory structures exclude swimming pools. The limitations are aggregate and may be distributed among any permitted accessory structures. Finished space within the principal building shall exclude unheated areas such as porches, unfinished basements, garages and decks.

TABLE 16.2

(d)

Accessory structures greater than 550 square feet located within residential districts shall be subject to the following criteria:

(1)

Materials and colors not used on the principal dwelling shall be limited to no more than 20 percent of the exterior surface of the accessory structure. Roofing material shall be excluded from this requirement.

(2)

No more than 20 percent of the exterior surface of the accessory structure may be the secondary building materials and colors of the principal structure.

(3)

Alternative accessory structure finishes that do not comply with this subsection may be approved by the director if the materials and finishes of the accessory structure meet or exceed the quality and appearance of the principal dwelling and do not impair the public health, safety and welfare.

(e)

Accessory structures shall conform to the setback requirements of the zoning district in which they are located.

(f)

Attached accessory apartments shall be regulated through section 16-4.2.

(g)

Detached accessory apartments shall be regulated through section 16-4.3.

(Amd. of 12-2-2010; Amd. of 1-6-2011; Amd. of 5-4-2023)

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

(a)

Only one attached accessory apartment shall be permitted on a lot, and an accessory apartment shall not be permitted in conjunction with a home occupation, professional home office, detached accessory apartment, or manufactured/mobile home permitted under hardship conditions.

(b)

One additional off-street parking space is required, which must be located in a side or rear yard.

(c)

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

(d)

The entrance to the accessory apartment shall be from a rear or side yard and shall not face the street to which the principal dwelling is oriented.

(e)

Any additions to accommodate accessory apartments shall have exterior finishes or architectural treatments (e.g., brick, wood, stucco, etc.) of an appearance substantially similar to those on the principal dwelling.

(f)

The Forsyth County Health Department must certify that existing or proposed water, sanitary sewer, and/or septic tank facilities are adequate to serve both the principal dwelling and the accessory apartment.

(g)

The addition of an attached accessory apartment shall not count in density calculations.

(Amd. of 2-7-2013)

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

(a)

Only one detached accessory apartment shall be permitted on a lot, and a detached accessory apartment shall not be permitted in conjunction with a home occupation, professional home office, attached accessory apartment, or manufactured home permitted under hardship conditions.

(b)

One additional off-street parking space is required, which must be located in a side or rear yard.

(c)

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

(d)

The entrance to the accessory apartment shall be from a rear or side yard and shall not face the street to which the principal dwelling is oriented.

(e)

Any additions to accommodate accessory apartments shall have exterior finishes or architectural treatments (e.g., brick, wood, stucco, etc.) of an appearance substantially similar to those on the principal dwelling.

(f)

The Forsyth County Health Department must certify that existing or proposed water, sanitary sewer, and/or septic tank facilities are adequate to serve both the principal dwelling and the accessory apartment.

(g)

If the detached accessory apartment is a manufactured home, then it must meet applicable requirements for manufactured homes as specified in this chapter.

(h)

Unless incorporated into an existing accessory structure (e.g., garage), detached accessory apartments shall be allowed in rear yards only.

(i)

The addition of a detached accessory apartment shall count in density calculations.

In zoning districts where permitted, the following shall apply:

(a)

The minimum lot size for the keeping of backyard chickens shall be one-half acre.

(b)

No more than eight chickens are permitted on a lot.

(c)

Chicken coops, chicken houses and/or roosting structures shall not require a building permit.

(d)

All coops, houses and/or roosting structures shall be required to adhere to the minimum building setback performance standards that are in effect for the zoning district where the structure is to be built. However, in no event shall any such structure encroach within 20 feet from the rear and side property lines, and 50 feet from residential structures on adjacent properties. In the event of a conflict between any building setback performance standard for the zoning district where the structure is to be built, and the minimum setback requirements set forth in this section 16-4.4(d), the more stringent setback requirement shall control.

(e)

The coop structure shall provide a minimum of five square feet of floor space per chicken with at least one next box per five chickens and perches that are raised a minimum of 12 inches off the floor. Each next box shall be 12 inches by 12 inches and there shall be a minimum of eight linear inches of perch per chicken.

(f)

The area shall be kept in a neat and sanitary condition and must be cleaned on a regular basis to prevent offensive odors, attraction of flies and/or vermin, the creation of an environment otherwise injurious to the public health and safety, or that would obstruct the free use of property so as to interfere with the comfortable enjoyment of life or property by members of the neighborhood or other persons.

(g)

Roosters and any other crowing fowl are prohibited.

(h)

The slaughter of any hen on site is strictly prohibited.

(i)

Feed, feed supplements and medications shall be kept in fully enclosed, rodent-proof containers.

(j)

Chickens shall be contained within the coop, house, and/or roosting structure whenever unattended. When the owner is present in the yard, chickens shall be kept in an enclosure, such as a chicken tractor, to prevent them from causing damage, accidents or injury to any neighboring property or person.

(k)

The provision must be made for the storage and removal of hen droppings and any dead birds. All stored droppings used for composting shall be fully covered or placed in an enclosure. Such enclosures must be setback a minimum of 50 feet from all property lines. All other droppings not used for composting or fertilizing shall be removed. In addition, the coop, enclosure, and surround area must be kept free from trash and accumulated droppings. Dead chickens must be disposed of in a sanitary manner.

(l)

No permission or allowance authorized by this section shall supersede applicable private covenants.

(Amd. of 4-15-2021)

(a)

A build-to-rent development may be permitted in residentially zoned districts upon application for and receipt of a conditional use permit, and within master planned districts and mixed-use center districts.

(b)

A build-to-rent development shall be comprised of only single-family detached dwellings, except that this requirement shall not apply within senior housing developments as provided in section 16-4.9 of this Code.

(c)

Short-term rentals shall not be permitted within build-to-rent developments.

(d)

A build-to-rent development with seven or more units must be managed by a single management company with an on-site and staffed office with standard business hours of 9:00 a.m.—5:00 p.m., Monday through Friday. The on-site office shall be a stand-alone building that shall be similar in design and appearance to other buildings within the development.

(Ord. of 10-6-2022, § 7)

(a)

Outdoor lighting for outdoor commercial athletic fields shall:

(1)

Be designed to provide the minimum lighting necessary to ensure adequate safety, night vision, and comfort, and not create or cause excessive glare onto adjacent properties and public street right-of-way;

(2)

Be full cutoff;

(3)

Be designed so that any illuminated lighting faces are not visible to any residences within 600 feet of the face; and

(4)

Be designed so as to minimize light spillage to not more than one foot-candle along any residential or agricultural property line and two foot-candles at any public street right-of-way, commercial, or industrial property line.

(b)

Prior to the issuance of any permits for outdoor commercial athletic fields, a photometric plan sufficient to allow the evaluation of the impacts of any field illumination to be used must be tendered. Notwithstanding the foregoing sentence, lighting designed solely as security lighting shall not constitute field illumination necessitating prior review.

(c)

The property on which an outdoor commercial athletic field is located shall maintain a 40-foot exterior undisturbed buffer.

(d)

The property on which an outdoor commercial athletic field is located shall maintain a 50-foot exterior setback.

(e)

Alcohol may not be consumed on the premises.

(f)

Cleanliness of the entire site shall be maintained by removing any trash, rubbish, or other debris deposited on the site.

(g)

Landscaping shall be maintained and dead or damage plants shall be replaced.

(h)

Damaged elements of any building (such as but not limited to broken windows) and the site (such as but not limited to curb stops, parking stripes, dumpster screening) shall be repaired or replaced if damaged, dilapidated or in disrepair.

(i)

Should any single occupant premise become vacant for more than 60 days, and the owner fails to maintain the property in accordance with the conditions above and upon notification from the county for such failure, the owner shall be subject to citation by the appropriate county code enforcement officer and shall be subject to the maximum fine permitted for ordinance violations for each violation of any provision of this ordinance.

(j)

The application must identify if a sound amplification or distribution system, such as a public address system or outdoor speaker system, will be utilized. Projects incorporating sound amplification or distribution systems will be required to address off-site noise impacts through additional buffers, strategic location of speakers and other appropriate site and system modifications. Even when sound abatement measures are employed, the use of sound amplification and distribution systems shall nonetheless be limited to the hours of 8:00 a.m. to 10:00 p.m. Applicants are required to submit a written evaluation of noise impacts for proposals involving sound amplification or distribution systems and the written evaluation shall be prepared by an acoustical engineer or similar professional trained in sound analysis and sound mitigation. The evaluation shall include information identifying the type of Sound amplification or distribution system to be used, the maximum decibels likely generated by the system, the anticipated sound spillage to adjacent properties, the extent to which abatement measures will reduce spillage, and the anticipated maximum decibels that will impact the nearest residential unit.

(Ord. of 3-3-2016(1), § 5; Amd. of 2-2-2017(5); Amd. of 4-15-2021; Amd. of 12-2-2021)

Editor's note— An amendment adopted February 2, 2017, repealed § 16-4.5, which pertained to churches, temples, synagogues, and places of worship. See Code Comparative Table for complete derivation. Therefore, section 16-4.5A was renumbered as § 16-4.5.

Outdoor commercial recreational facilities are typically accompanied by substantial off-site impacts and therefore require public scrutiny and approval only as conditional uses. Uses that propose night lighting other than incidental security lighting shall be required to submit a photometric plan to enable the evaluation of impacts from illumination. A written evaluation of noise impacts is required at the time the following conditional uses are considered: stadiums, amphitheaters, and race tracks for animals and motor driven vehicles; such projects may be required to construct noise attenuation walls or otherwise address off-site noise impacts. Traffic impact statements are required for stadiums, amphitheaters, racetracks for animals or motor-driven vehicles, and recreational vehicle parks, and the adequacy of existing road infrastructure shall be considered as one of the bases for approval or denial of such conditional uses.

(Amd. of 4-15-2021)

If an applicant files a rezoning application requesting to rezone to the Res6 district, the applicant must specifically identify on the site plan submitted that the proposed development is being developed as condominiums. All condominium developments must meet the performance standards of the applicable zoning district and conform to the following requirements:

(a)

Setbacks. All buildings must be setback at least ten feet from the edge of the right-of-way or access and utility easement. There shall be an exterior setback of 50 feet.

(b)

Building separation. Minimum building separation is 15 feet for single-family attached dwellings, duplexes, and quadplexes with a minimum building separation of 20 feet for multifamily dwellings.

(c)

Units per building. For each condominium building there shall be no more than six units per building.

(d)

Streets. All streets within a condominium development shall be built to county specifications and dedicated to the public; provided, however, that the rear of the condominiums may have vehicular access by way of a private access easement or alley.

(e)

As-builts. Each condominium development or phase thereof shall have an as-built approved by the county, and the as-built shall be recorded with the clerk of court prior to a certificate of occupancy being issued for any unit or building.

(Amd. of 9-25-2003; Amd. of 4-15-2021; Amd. of 5-6-2021)

These provisions are intended to permit the development of a variety of senior housing options including, but not limited to, senior independent living, assisted living facilities, skilled nursing facilities, and continuing care retirement communities (CCRC). These provisions serve as a supplement to the underlying zoning district and where conflicts may occur, the terms of this section shall apply. Applicants shall request a conditional use permit (CUP) for any senior housing option, including proposed projects within master planned districts (MPD), and must comply with regulations as outlined in this section in order to qualify for such permit.

(a)

Density, lot size, applicable standards and use limitations. Criteria shall be met as provided in Table 16.3. These standards are in addition to the criteria contained elsewhere in this article pertaining to condominiums and townhouses. Please note that density is calculated based on all senior housing units including rooms within assisted living and skilled nursing facilities.

TABLE 16.3 SENIOR HOUSING CRITERIA BY ZONING DISTRICT

* Refer to Density Bonus Table for density range options (Table 16.4).

** Refer to Support Services list for primary and secondary services.

*** Support Services, as defined in 16-4.9B, are not permitted in Res3 as a collection of services for the purpose of daily living assistance. Individual services, otherwise not prohibited in the underlying zoning district, will be allowed.

At the time of a conditional use permit (CUP) application, the applicant shall indicate via site plan and any other appropriate means the proposed resident housing types and locations, as well as density per housing type. The site plan shall also depict the location and square footage of any commercial development, open space/recreational areas, and any other planned features. Commercial development shall be intended for the use and convenience of residents of the principal use. Public water and sanitary sewer are required for all senior housing developments. Proof of availability of adequate sewer capacity including the size and location of connection points must be submitted as a part of the conditional use permit application. Changes that comprise adjustments to density or housing types in excess of ten percent once a conditional use permit (CUP) is granted, necessitate a reapplication.

(b)

Support services. Support services are required in all commercial districts, the master planned district, and in assisted living facilities. Such services shall include at least six of the following primary services and at least four of the following secondary services must be offered as a condition of occupancy in the development.

(1)

Primary services:

a.

One meal per day at an on-site dining facility.

b.

Twenty-four-hour on call medical care.

c.

On-site licensed practical nurse (LPN).

d.

An on-call registered nurse (RN) to perform medical functions on an as needed basis (administer shots, medications, etc.).

e.

On-site medical facilities.

f.

Linen and housekeeping services.

g.

Security system and monitoring service which includes an emergency call system with 24-hour on-site response (senior apartments shall include door alarms for individual dwelling units and intercom service to front door, apartment entry and front desk; residential care and nursing facilities shall include wall mounted switches, wireless pendants for residents, and/or intercom service).

h.

Transportation service, accessible to all residents, which shall be maintained and operated by the facility. Transportation must be operational when occupancy reaches no greater than 20 percent. Service shall offer regular and frequent daily service on a scheduled basis (i.e. weekly shopping, dining, entertainment trips).

i.

Periodic lawn and home maintenance (lawn care, painting repairs, etc.).

(2)

Secondary services:

a.

Physical therapy facilities and sessions.

b.

Delivery of prescribed medications on a regular schedule.

c.

Small scale pharmacy.

d.

Care technician services—Bathing, changing clothes, etc.

e.

On-site salon.

f.

On-site meals for residents who desire more than one meal per day in a dining facility as provided by the mandatory association dues.

g.

Fitness center (exercise rooms and/or pool).

h.

Indoor recreation space (game/entertainment rooms, recreation center, auditorium or meeting hall, etc.).

i.

Outdoor recreation space (golf course, bowling green, playing fields, outdoor fitness areas, walking trails, lawn and picnic areas, community garden, etc.).

j.

Library.

k.

Worship center/chapel.

l.

Private dining room and/or guest suite for family visits.

(c)

Age restriction. Senior housing shall, at a minimum, have 90 percent of the occupied units be inhabited by at least one person 55 years or older. The organization established for the management of the development shall comply with the U.S. Department of Housing and Urban Development (HUD) rules for verification of occupancy and shall maintain procedures for routinely determining the occupancy of each unit. Such procedures may be part of a normal leasing or purchasing agreement and must provide for regular updates as required by HUD.

(1)

Deed restrictions: Approval of a conditional use permit (CUP) for a development consisting of age restricted housing shall be conditioned upon either the placement of restrictive covenants on the deeds or the developer/organization established for the management of the development, ensuring and enforcing compliance. These restrictions shall run in perpetuity with the land and in either case:

a.

Occupancy shall be limited to persons in accordance with age restrictions as noted in section above as well as state and federal housing guidelines, and that

b.

No further development of the parcel including increasing the number of dwelling units or enlarging the permitted buildings is allowed without first applying for and receiving a revised conditional use permit (CUP).

(d)

Accessibility standards. All senior housing individual dwelling units, with the exception of assisted living and skilled nursing facilities, shall incorporate accessibility standards which must include the following minimum features:

(1)

At least one step free entrance to the main floor at either the front or side of the structure; if only one is provided, it shall not be from a patio or raised deck.

(2)

Main floor shall include a kitchen, entertaining area, and master bedroom with full bathroom.

(3)

Every door on the main floor shall provide a minimum 34" of clear passage.

(4)

Blocking shall be installed in the master bath around toilet, tub, and shower for placement or future placement of grab bars.

(e)

Design regulations. Senior housing residential units shall incorporate the following design standards according to the designated zoning district.

(1)

Single family detached in Res3, Res4, Res6, CBD, O&I, UV, and MPD:

a.

Exterior walls shall be clad in brick, stone, stucco, and/or fiber cement horizontal siding and/or shakes/shingles.

b.

A paved five foot wide sidewalk system shall be constructed which connects recreation areas, homes, clubhouse, and other amenities.

c.

A pathway system connecting open space areas accessible to neighborhood residents and connecting those areas to neighborhood streets and sidewalks shall be constructed in Res3 developments.

(2)

Single family attached in Res4, Res6, CBD, O&I, UV, and MPD:

a.

Exterior walls shall be clad in brick, stone, stucco, and/or fiber cement horizontal siding and/or shakes/shingles.

b.

A paved five foot wide sidewalk system shall be constructed which connects recreation areas, homes, clubhouse, and other amenities.

c.

A pathway system connecting open space areas accessible to neighborhood residents and connecting those areas to neighborhood streets and sidewalks shall be constructed in Res4 and Res6 developments.

d.

The primary material on the front elevation shall also be used on the side and rear elevations. There shall be a combination of no less than two of the above listed materials on each façade of the building.

e.

All units with front-loaded garages shall have garage faces with decorative design treatments.

(3)

Multifamily residences in Res6, CBD, O&I, UV, MPD, and condominiums in Res4:

a.

Exterior walls shall be clad with brick, stone, and/or fiber cement horizontal siding and/or shakes/shingles. No more than 20 percent shall include accent wall materials such as exterior finish insulation systems, stucco and painted dimension wood.

b.

The primary material on the front elevation shall also be used on the side and rear elevations. There shall be a combination of no less than two of the above listed materials on each façade of the building.

c.

Heating, cooling, kitchen and other mechanical equipment; conduits, service panels, meters and other electrical equipment; and refuse collection facilities shall be located and/or screened so as not to be visible from adjacent development and/or the street.

d.

A minimum exterior setback of 50 feet, the first 25 feet being an exterior buffer, shall be required in CBD, O&I, UV, and MPD zoning districts, The exterior buffer shall meet Forsyth County Buffer Standards, but such requirement shall be exempted along the entire road frontage on which the primary entrance is located.

(4)

Residential facilities (assisted living and/or skilled nursing) in Res4, Res6, CBD, O&I, UV, and MPD:

a.

Exterior walls shall be clad with brick, stone, and/or fiber cement horizontal siding and/or shakes/shingles. No more than 25 percent shall include accent wall materials such as exterior finish insulation systems, stucco, and painted dimension wood.

b.

The primary material on the front elevation shall also be used on the side and rear elevations. There shall be a combination of no less than two of the above listed materials on each façade of the building.

c.

Freestanding accessory structures shall have architectural detailing and design elements consistent with the primary building(s) of the development complex to provide a cohesive design.

d.

Heating, cooling, kitchen and other mechanical equipment; conduits, service panels, meters and other electrical equipment; and refuse collection facilities shall be located and/or screened so as not to be visible from adjacent development and/or the street.

e.

A minimum exterior setback of 50 feet, the first 25 feet being an exterior buffer, shall be required in CBD, O&I, UV, and MPD zoning districts, The exterior buffer shall meet Forsyth County Buffer Standards, but such requirement shall be exempted along the entire road frontage on which the primary entrance is located.

(f)

Parking. Senior housing parking requirements in all districts:

(1)

The required number of parking stalls is one per senior housing unit including rooms within assisted living and skilled nursing facilities. Garages for detached housing units will be considered as satisfying the parking stall requirement. This may be reduced to one stall per one and one-half dwelling units if justification for the reduction can be provided based on the number and types of services and activities to be provided on-site or other factors which affect parking demand.

(g)

Density bonus options. Density may be increased where a density range is shown in Table 16.3. Density bonus options shall be approved by the board of commissioners as part of the conditional use permit (CUP) application process. These options are outlined in Table 16.4.

TABLE 16.4 DENSITY BONUS TABLE

* Once a CUP is approved, the base density may not be exceeded without site plan approval for assisted living units and/or a skilled nursing facility.

** Percentages are based on the total number of units and are the minimum necessary to achieve a bonus density. Please note that the maximum allowed density may not be exceeded and a variance shall not be granted.

Res4 and Res6 may be granted up to two additional units per acre provided that a minimum of 25 percent of the total number of units are assisted living units. A maximum allowed density of 4.5 units per acre for Res4 and six units per acre for Res6 may not be exceeded and a variance shall not be granted.

(Amd. of 3-26-2001; Amd. of 9-25-2003; Amd. of 12-13-2007; Amd. of 4-4-2019; Amd. of 7-9-2020(6); Amd. of 4-15-2021; Amd. of 6-3-2021; Amd. of 1-5-2023)

(a)

Convenience stores require a minimum of one half acre.

(b)

Fuel dispensing units in NS and UV shall be located a minimum of 50 feet from all public rights-of-way and canopies over fuel dispensing units shall extend no closer than 35 feet to any public right-of-way.

(c)

Canopies. Canopies shall follow the requirements set forth in section 16-4.26.

(Amd. of 9-25-2003; Amd. of 4-15-2021; Amd. of 12-2-2021; Amd. of 11-2-2023)

Cross reference— Businesses, ch. 22.

(a)

Forsyth County has more than 400 properties that have been documented in the county's historic resources survey. Preservation and maintenance of historic structures contribute to the cultural heritage of the county and are therefore in the long-term interest of the county. It is the intent of this section to provide an opportunity for preservation, but not to preclude demolition of historic structures.

(b)

Applications for land disturbance on sites containing a historical structure and that propose the demolition of structures shall be reviewed by the director. In cases where a building or structure proposed for demolition is documented in the county's historic resources survey, the following procedures shall apply:

(1)

An automatic 60-day delay on action regarding the demolition of the historic structure shall be invoked by the director to determine the significance of the historic building or structure and to allow time for the director to educate the property owner on potential rehabilitation programs and benefits as well as development options for preserving the building or structure. The automatic 60-day delay on demolition of historic buildings and structures shall not apply to buildings or structures deemed by the director as in immediate danger to the health, safety, or welfare of the occupants, the owner, or the general public. During the 60-day delay period, the director may issue the applicant's land disturbance permit so long as measures satisfactory to the director have been taken to protect the historic building or structure from harm.

(2)

The director may complete, or request from the historic sites division of the Georgia Department of Natural Resources or another agency or professional person with expertise in historic preservation, an investigation of the historical or cultural value of the building or structure proposed for demolition. The desirability, economic feasibility, historical value, current condition, costs of restoration or repair, prospects for relocation to another site, and integration into development plans shall be considered in such an investigation.

(3)

The director shall present the results of the investigation to the property owner within forty-five days. The property owner shall have until the expiration of the 60-day delay period to consider options for the historic building or structure and to choose his or her option, which may include rehabilitation, relocation to another part of the site, arrangement for the sale or donation and relocation of the building or structure to another site, integration of the structure into development plans, or demolition of the structure. The director shall respect the decision of the property owner and issue the permit for demolition, as originally requested, if that is the choice of the property owner. The director shall keep a record of the disposition of historic buildings and structures for future updates to the historic resources survey of the county.

(Amd. of 9-25-2003; Amd. of 4-15-2021)

Cross reference— Buildings and building regulations, ch. 18.

Editor's note— An amendment adopted January 5, 2023, repealed § 16-4.12, which pertained to drive through facilities and derived from Amd. of 9-25-2003; Amd. of 4-15-2021.

Dumpsters shall be prohibited in all residential districts, with the exception of those serving multifamily communities, or under any of the following circumstances:

(a)

The dumpster is on-site for 30 days or less when containing putrescible waste;

(b)

The dumpster is on-site for 90 days or less when containing inert debris or construction and demolition waste;

(c)

The dumpster is associated with an active building permit or land disturbance permit;

(d)

The dumpster is screened from view from all property lines.

The number of days a dumpster is on-site shall not reset based on relocation of the dumpster to another portion of the property or removal of the dumpster for a period of less than 90 days.

(Amd. of 10-7-2021)

Fences and walls, whether open or solid, and whether constructed of wood, metal, wire, masonry, or other material, shall be governed by the provisions of this section, except for agricultural and/or lots not located within a final platted subdivision are exempt from this section and its following requirements.

(a)

Fences and freestanding walls up to 48 inches in height are allowed in front yards established by the zoning district in which the subject property is located. Fences up to eight feet high are allowed in required side or rear setbacks. Building permits are required for fences and walls over six feet in height.

(b)

Regardless of height, retaining walls and non-integral wing walls are permitted in the setback. Retaining walls and non-integral wing walls over six feet in height (measured from the bottom of the footing to the top of the wall) require a permit and must be engineered. Terraced combinations of walls that are separated by a distance greater than the height of the tallest individual section will be considered separate walls.

(c)

Gates located in front yards shall be limited to no greater than six and one-half feet in height.

(Amd. of 9-25-2003; Amd. of 11-1-2007; Amd. of 11-11-2012; Amd. of 4-15-2021; Amd. of 10-7-2021)

In Res1, horses are permitted if a conditional use permit is obtained, and a lot is a minimum of two acres. The maximum number of horses may not exceed one horse per acre on any given lot. All structures, pens, or corrals for horses must be a minimum of 50 feet from the property line. In addition, the boarding of horses must in compliance with all of the rules and regulations of the Forsyth County Health Department and all applicable state and federal rules and regulations.

(Amd. of 9-25-2003; Amd. of 4-15-2021; Amd. of 10-7-2021)

The following requirements must be met:

(a)

Facilities shall feature a minimum of two of the following amenities:

(1)

Health or fitness club of at least 250 square feet.

(2)

Swimming pool.

(3)

A minimum of two meeting rooms of at least 350 square feet each.

(4)

Daily hot breakfast.

(b)

Guests shall be required to pass through an inside lobby, which is supervised by an on-premises employee at all hours the facility is open, in order to access guestrooms. Motels and extended stay motels shall be exempt from this requirement.

(c)

Establishments offering less than 100 guest rooms shall feature a lobby of at least 750 square feet; those offering 100 guest rooms or more shall feature a lobby of at least 1,000 square feet.

(d)

Occupancy by any individual guest shall be limited to no more than 35 continuous days and shall not reset based on the guest relocating to another room or the guest "checking out" or otherwise terminating occupancy for less than seven days.

(Amd. of 9-7-2017(6); Amd. of 4-15-2021; Amd. of 10-7-2021)

No junk vehicles, as defined in this Code, shall be parked or stand on any property in the unincorporated portions of Forsyth County unless:

(a)

It shall be located away from public view from any property line; and

(b)

It shall be on property appropriately zoned with a land use permit issued by the planning and community development director for the operation of an automobile wrecking business or junk yard; and

(c)

It shall be on the premises of a business enterprise operated in a lawful manner, when necessary to the operation of such business enterprise, or it shall be on property where the repair, remodeling, or reconditioning of vehicles in accordance with other provisions of this Code is the primary use; or

(d)

They are junk vehicles on school grounds which are utilized for training purposes by the Forsyth County Board of Education or an institution of licensed under the proprietary school laws of the State of Georgia, or they are vehicles involved in an accident in which either police investigators or insurance investigators need the wreck to remain at or near where the accident occurred or at some other place where it may be inspected and evaluated for their purposes; or

(e)

Farm vehicles or farm machinery which is used or which is located on a working farm.

The maintenance and presence of any junk vehicles on any property within the unincorporated portions of Forsyth County open to public view from any property line or otherwise not in compliance with this Code shall constitute a public nuisance.

(Amd. of 9-25-2003; Amd. of 12-1-2011; Amd. of 9-7-2017(6); Amd. of 4-15-2021; Amd. of 5-25-2021; Amd. of 10-7-2021)

Cross reference— Traffic and vehicles, ch. 78.

Any junk yard operated or maintained in unincorporated Forsyth County, including automobile junk yards, shall be screened from public view from any property line by a solid wall, planted screen, or similar opaque partition which shall not be less than six feet in height. Such wall, screen, or partition shall comply in all respects with all setback requirements for the district in which it is located. The maintenance and presence of any junk vehicles on any property within the unincorporated portions of Forsyth County open to public view from any property line or otherwise not in compliance with this Code shall constitute a public nuisance.

(Amd. of 9-25-2003; Amd. of 9-7-2017(6); Amd. of 4-15-2021; Amd. of 5-25-2021; Amd. of 10-7-2021)

In Res1, the raising of livestock requires a conditional use permit. In addition to complying with the performance standards of Res1, the minimum lot size for livestock is two acres and no more than one animal qualifying as livestock per acre. All structures, pens or corrals housing livestock must be located at least 50 feet from any property line. In addition, the raising of livestock must be in compliance with all of the rules and regulations of the Forsyth County Health Department and all applicable state and federal rules and regulations.

(Amd. of 9-25-2003; Amd. of 9-7-2017(6); Amd. of 4-15-2021; Amd. of 10-7-2021)

Manufactured/mobile homes may be located, erected or installed only in those districts in which manufactured/mobile homes are a permitted use, as specified in Table 11.1(a), Table 11.1(b) and Table 15.1 unless otherwise specified by this Code. In zoning districts where permitted, all manufactured/mobile homes, whether located upon individual lots or within a manufactured/mobile home park, shall be subject to the following regulations prior to occupancy:

(a)

Maximum number allowed. Only one manufactured/mobile home shall be located on a given lot, except as specifically provided in section 16-4.21, manufactured/mobile homes for health hardships.

(b)

Lot size. The minimum lot size for a parcel with a single manufactured/mobile home located thereon shall be two acres. Manufactured/mobile homes located within a manufactured/mobile home park shall comply with the lot size and site requirements set out in article VIII of chapter 11.

(c)

Exterior. Exterior wall materials and finishes shall be comparable in composition, appearance, and durability to those commonly used in standard residential construction.

(1)

The exterior wall covering shall be either wood, brick, stone, stucco, vinyl, or lapsiding of hardboard.

(2)

No metal siding shall be allowed.

(d)

Roof. The roof shall have a minimum pitch of 3:12.

(e)

Utility equipment. Utility meters shall be located away from high visibility and usage areas.

(f)

Prohibited use. A manufactured/mobile home shall not be utilized as an accessory storage structure.

(g)

License required; permit purchase. Any installation of a manufactured or mobile home shall be performed by a licensed installer. No manufactured or mobile home shall be installed or set up on site without first obtaining a permit from the Georgia Office of Insurance and Safety Fire Commissioner and the department.

(h)

Foundation. The home must be set on an appropriate foundation system.

(i)

Skirting. Installation of skirting shall be required.

(1)

All manufactured/mobile homes shall be skirted or underpinned. Any skirting or underpinning visible from the exterior of the home shall be brick, masonry, or siding materials and shall completely enclose the perimeter of the undercarriage.

(2)

Vinyl skirting shall be prohibited.

(j)

Hauling mechanisms. The transportation mechanisms, including wheels, axles, and hitch, must be removed.

(k)

Installation regulations. Manufactured/mobile homes shall be installed in accordance with rules for manufactured homes promulgated by the Georgia Office of Insurance and Safety Fire Commissioner, as may be amended from time to time, and the installation instructions from the manufacturer, as appropriate.

(l)

Porches, landings, and decks. Porches, landings, and decks shall be self-supporting and shall be constructed in compliance with the International Residential Code as adopted and amended from time to time by the Georgia Department of Community Affairs.

(Amd. of 9-25-2003; Amd. of 11-15-2004; Amd. of 2-7-2013; Amd. of 9-7-2017(6); Amd. of 4-15-2021; Amd. of 6-3-2021; Amd. of 10-7-2021)

In the A1, R1, R2, LR, and Res1 districts, a manufactured or mobile home may be installed in the rear yard of a lot containing a detached single family dwelling, a manufactured home or a mobile home, in cases where (1) an affidavit exists from a medical practitioner, found acceptable by the zoning board of appeals, that a health or health related problem of a family member warrants close proximity of that relative for care or monitoring purposes; or (2) said second dwelling on the lot is to be occupied exclusively by an individual who has attained the age of 65 years or more. Such manufactured/mobile homes shall only be approved in the two instances described above, if they meet the following performance standards:

(a)

Approved septic system. The manufactured/mobile home can be connected to a public sanitary sewer or septic system with capacity available as approved by the health officer.

(b)

Setbacks. The manufactured/mobile home meets the minimum required setbacks for principal buildings for the district in which it is located.

(Amd. of 9-25-2003; Amd. of 2-7-2013; Amd. of 9-7-2017(6); Amd. of 4-15-2021; Amd. of 10-7-2021)

A location and utilization of the manufactured/mobile home approved pursuant to section 16-4.21 shall be temporary, not to exceed one year; provided, however, that the director may renew the temporary use if no complaints have been received by the director. It shall be unlawful for another person to occupy a temporary manufactured/mobile home except as approved under the original hardship or age exception. A manufactured/mobile home placed pursuant to a hardship exemption as allowed in this section may not be rented to another individual once the condition justifying the hardship condition is alleviated. The director shall order the removal of a manufactured/mobile home in cases where the director finds that no hardship continues to exist, or the unit is no longer occupied by an elderly relative, in which case the owner of real property shall within 30 days remove the manufactured/mobile home from the lot.

(Amd. of 2-7-2013; Amd. of 9-7-2017(6); Amd. of 4-15-2021; Amd. of 10-7-2021)

Editor's note— An amendment adopted February 7, 2013 amended 16-4.19 in its entirety to read as herein set out. Former § 16-4.19, pertained to mobile homes, and derived from Amd. of 9-25-2003; Amd. of 11-15-2004; Amd. of 12-1-2011.

(a)

Minimum size of 3,000 square feet.

(b)

No outside storage, display or production.

(c)

Patios must have enclosures with a minimum fence height of 42 inches around the patio area.

(d)

If a brewery tasting room is provided, between 25 percent to 70 percent of the gross floor area of the facility shall be dedicated to the tasting room. If a distillery tasting room is provided, between ten percent to 25 percent of the gross floor area of the facility shall be dedicated to the tasting room.

(e)

Only alcoholic beverages produced on the property may be served on site.

(Amd. of 3-7-2019; Amd. of 4-15-2021; Amd. of 10-7-2021)

(a)

Mobile food units shall be considered an allowable accessory use, normally incidental to one or more permitted principal uses in commercial, industrial, or mixed-use zoning districts. Mobile food units may also be permitted as an accessory use in any zoning district while operating under any of the following circumstances:

(1)

On property owned by a residential homeowner's association, with explicit permission from the organization, and solely for the benefit of its membership.

(2)

In conjunction with a special event as authorized by this code or other ordinance of Forsyth County.

(3)

In conjunction with an agritourism business.

(4)

On the premises of an established business for the private benefit of its employees.

(5)

When sponsored by a government organization.

(b)

Mobile food units shall be permitted to operate upon completion of all applicable health, safety, and licensing regulations set forth by the State of Georgia, Forsyth County, and any other government organization or entity with jurisdiction over the operation of said use. A permit for operation shall be issued by the department upon successful inspection by the Forsyth County Fire Marshal and shall be valid for a period congruent with fire marshal approval.

(c)

Mobile food units shall not call attention to the operation of said activities either while traveling on the public rights-of-way or when the unit is stationary through the following means: Creating sounds, playing music, making amplified announcements, the use of banners, balloons or flyers or similar means. Painting, wrapping, and other means of applying words, pictures or designs directly on the vehicle shall not constitute prohibited "calling attention to" as described herein. At all times the use shall comply with the county's noise control requirements set forth in the Forsyth County Noise Ordinance.

(d)

Mobile food units shall at all times comply with the Forsyth County Sign Ordinance and all parts of this code that regulate signage.

(e)

A Forsyth County business license shall be required for all mobile food units with a permanent, physical presence (base of operations) located within unincorporated Forsyth County.

(f)

The department may recommend to the board of commissioners the adoption of additional policies related to mobile food units as deemed necessary to promote the health, safety, welfare, morals, convenience, order, and prosperity of Forsyth County and its citizens; and to provide for attractive, economically viable areas for business and industry.

(Amd. of 10-8-2020(1); Amd. of 4-15-2021; Amd. of 10-7-2021)

(a)

Mobile vendors shall operate only on property permitted for such use by this code and upon approval of the planning commission or board of commissioners.

(b)

Mobile vendors shall comply with all applicable health, safety, and licensing regulations set forth by the State of Georgia, Forsyth County, and any other government organization or entity with jurisdiction over the operation of said use.

(c)

A Forsyth County business license shall be required for all mobile vendors with a permanent, physical presence located within unincorporated Forsyth County.

(d)

Unless otherwise specifically approved by the planning commission, mobile vendors shall comply with the following requirements:

(1)

No sales or related activities shall disrupt controlled vehicular ingress and egress or occupy required off-street parking spaces.

(2)

No sales or related activities shall disrupt pedestrian ingress and egress or occupy required internal sidewalks.

(3)

No display shall be erected or installed, nor shall any activities take place within a required side or rear setback, a county or state right-of-way, or within 50 feet of a county or state road.

(4)

Vendors shall not call attention to the operation of said activities through the following means: Creating sounds, playing music, or making amplified announcements or similar means. At all times, the use shall comply with the county's noise control requirements set forth in the Forsyth County Noise Ordinance.

(e)

Vendors shall at all times comply with the Forsyth County Sign Ordinance and all parts of this code that regulate signage.

(f)

The department may recommend to the board of commissioners the adoption of additional policies related to mobile food units as deemed necessary to promote the health, safety, welfare, morals, convenience, order, and prosperity of Forsyth County and its citizens; and to provide for attractive, economically viable areas for business and industry.

(Amd. of 10-8-2020(1); Amd. of 4-15-2021; Amd. of 10-7-2021)

The following requirements are intended to provide the minimum lighting necessary to ensure adequate safety, night vision, and comfort, and not cause excessive glare, light trespass, and pollution onto adjacent properties and public street right-of-way.

(a)

Applicability.

(1)

Exempt lighting. The following outdoor lighting is exempt from lighting requirements as outlined in subsection (b):

(a)

Underwater lighting used for the illumination of swimming pools and fountains;

(b)

Lighting required and regulated by the Federal Aviation Administration, or other federal, state or local agency;

(c)

Emergency lighting used by police, fire, or medical personnel, or at their direction;

(d)

All outdoor lighting producing light directly from the combustion of fossil fuels, such as kerosene and gasoline.

(2)

Prohibited lighting. The following outdoor lighting is prohibited:

(a)

Neon and faux neon;

(b)

Aerial lasers;

(b)

Searchlights or similar lighting devices;

(c)

For non-residential districts, light garland, lighted rope, or sting lights used to outline windows, roof lines, awnings, or other architectural building features or signs. String lights used for decorative lighting in adjacent open areas may be anchored to the building as long as it does not outline an architectural feature.

(b)

Requirements.

(1)

General. The following shall apply to all outdoor lighting:

(a)

Light trespass. Outdoor lighting shall be located, aimed, or shielded to minimize glare and stray light trespassing across property boundaries and into the public right-of-way according to the requirements of each zoning district as outlined in the subsections below.

(b)

Illumination levels. Illumination levels are measured from any height and orientation of the measuring device at any location along the property line, except the lighting of parking lots shall be measured at grade with the meter sensor held horizontally on the surface.

(2)

Commercial and industrial zoning districts. The following shall apply to all outdoor lighting in commercial and industrial zoning districts:

(a)

All outdoor lighting shall be full cutoff except the following:

(i)

Pedestrian lighting 14 feet in height or less may be cutoff or semi-cutoff.

(ii)

Uplighting of flags, steeples, monuments, buildings and landscaping must use narrow beam, shielded lighting so the bulb is not directly visible beyond the shielding to minimize glare. Illuminance at the level of the illuminated object shall not exceed ten foot-candles. To minimize reflective glare, highly polished surfaces such as glass, marble, glazed tile, glazed brick, porcelain enamel, and highly reflective metals shall not be lighted directly.

(iii)

Illuminated signage which shall adhere to the requirements outlined in subsection (4) below.

(b)

Outdoor lighting shall be designed to minimize light spillage to not more than one foot-candle along any residential or agricultural property line and two foot-candles along any public street right-of-way, commercial, or industrial property line.

(c)

Outdoor lighting shall be limited to 35 feet in overall height except under the following conditions when such lighting shall be limited to 25 feet in overall height:

(i)

Project adjacent to residential and/or agricultural property.

(ii)

Project contains both commercial and residential uses.

(d)

Security lighting.

(i)

Security lighting shall be directed toward the targeted area.

(ii)

Security lights intended to illuminate a perimeter, such as a fence line, shall include motion sensors and be designed to be off unless triggered by an intruder located within five feet of the perimeter.

(e)

Canopies. Drive-under canopies, including but not limited to those used at fuel stations and convenience stores with fuel dispensing units, shall only utilize recessed lighting.

(3)

Residential, agricultural, and MPD zoning districts. The following restrictions apply to lighting in residential, agricultural and MPD zoning districts:

(a)

All pole-mounted lights shall be full cutoff, cutoff, or semi-cutoff.

(b)

Pole-mounted lights, amenity area lighting, and lighting for non-residential uses shall be designed to minimize light spillage to not more than one foot-candle along any residential or agricultural property line and two foot-candles along any public street right-of-way, commercial, or industrial property line.

(c)

Pole-mounted lights shall be limited to 20 feet in height for residential and agricultural zoning districts and 25 feet in height for MPD zoning districts.

Commercial uses and places of worship within these districts shall comply with the lighting regulations outlined under commercial and industrial zoning districts. The director shall make the determination if a proposed use is considered commercial.

(4)

Signage. Where permitted, illumination of signs must be in accordance with the following:

(a)

Externally illuminated signage.

(i)

All lighting of externally illuminated outdoor signs shall be shielded so the bulb is not directly visible beyond the shielding to minimize glare.

(ii)

All lighting of externally illuminated outdoor signs shall be directed downward toward the sign.

(b)

Internally illuminated signage.

(i)

Background and letters. Because it is impossible to fully shield most internally illuminated outdoor signs, such signs shall be constructed with an opaque background and translucent letters and symbols in order to minimize the amount of light trespass and light pollution

(ii)

Reverse channel signage consisting of opaque letters and symbols, typically mounted several inches in front of an opaque surface, such as a wall, and illuminated by bulbs or other light emitters embedded within the letters or symbols themselves such that the letters and symbols stand out in front of the reflected light are permissible and encouraged.

(Amd. of 7-17-2008; Amd. of 12-20-2016; Amd. of 9-7-2017(6); Amd. of 3-7-2019; Amd. of 10-8-2020(1); Amd. of 4-15-2021; Amd. of 10-7-2021; Amd. of 12-2-2021; Amd. of 11-2-2023)

Prior to development of any associated accessory uses, approval of the site plan must be granted by the board of commissioners. For those accessory uses requiring sketch plat approval per Article V of Chapter 8 of this Code, the board of commissioners shall conduct the required public hearing. The director shall schedule the matter with the board of commissioners within 60 days of the receipt of the sketch plat application. If the accessory use is a school, a conditional use permit must be obtained.

(Amd. of 2-2-2017(5); Amd. of 9-7-2017(6); Amd. of 3-7-2019; Amd. of 10-8-2020(1); Amd. of 4-15-2021; Amd. of 10-7-2021)

In the A1, agricultural district, poultry houses shall be setback a minimum of 100 feet from any property line.

(Amd. of 9-25-2003; Amd. of 12-20-2016; Amd. of 2-2-2017(5); Amd. of 9-7-2017(6); Amd. of 3-7-2019; Amd. of 10-8-2020(1); Amd. of 4-15-2021; Amd. of 10-7-2021)

The process of removing sand by pump action between the established banks of streams and creeks shall be allowed between the established banks of such waterways within all use districts in Forsyth County; provided, however, that written permission of the landowner is obtained from Forsyth County and the Georgia Department of Natural Resources, Environmental Protection Division; and, provided further, that all other necessary permits are obtained prior to the commencement of the operation.

(Amd. of 9-25-2003; Amd. of 12-20-2016; Amd. of 2-2-2017(5); Amd. of 9-7-2017(6); Amd. of 3-7-2019; Amd. of 10-8-2020(1); Amd. of 4-15-2021; Amd. of 10-7-2021)

(a)

All seasonal sales and temporary vending activities shall be subject to the requirements of this section unless explicitly exempted by any of the following criteria:

(1)

Fundraising sales activities conducted by a nonprofit organization.

(2)

All sales activities conducted as part of an event sponsored by a government agency or in conjunction with a special event alcohol permit issued by Forsyth County.

(3)

Any sales activity explicitly exempted through official action of the board of commissioners.

(b)

Temporary sales permit. The issuance of a temporary sales permit by the department of planning and community development shall be required before the commencement of any seasonal sales or temporary vending activities:

(1)

Validity. A temporary sales permit shall be valid for a period of no more than 45 consecutive days. Up to four permits may be issued per calendar year, per tax parcel.

a.

Permits may not be issued consecutively on the same parcel; a period of 15 days must elapse between the expiration of one permit and the issuance of another.

b.

No applicant, individual, or entity may be issued more than one permit per tax parcel per calendar year.

(2)

Application requirements. The following items shall be provided to the department by the applicant prior to the issuance of a temporary sales permit.

a.

A Forsyth County business license issued for the current year.

b.

Written permission from the property owner to locate on the property and to utilize restrooms for customer and employee use.

c.

A site plan showing the designated area on the property for the seasonal sales or temporary vending activities.

d.

All applicable approvals, permits, and/or licenses required by any other local, state, or federal governmental organization or entity having jurisdiction over the subject matter.

e.

The department may require additional information and documentation as deemed necessary by the director to promote the health, safety, welfare, morals, convenience, order, and prosperity of Forsyth County and its citizens and to provide for attractive, economically viable areas for business and industry.

(c)

General requirements. The following regulations shall apply to all sales activities governed by this section except for those exempted in section (a) above.

(1)

No sales or related activities shall disrupt controlled vehicular ingress and egress or occupy required off-street parking spaces.

(2)

No sales or related activities shall disrupt pedestrian ingress and egress or occupy required internal sidewalks.

(3)

No display shall be erected or installed, nor shall any activities take place within a required side or rear setback, a county or state right-of-way, or within 50 feet of a county or state road.

(4)

Vendors and merchants shall not call attention to the operation of said activities through the following means: Creating sounds, playing music, making amplified announcements or similar means. At all times the use shall comply with the county's noise control requirements set forth in the Forsyth County Noise Ordinance.

(5)

Vendors and merchants shall at all times comply with the Forsyth County Sign Ordinance and all parts of this code that regulate signage.

(d)

The department may recommend to the board of commissioners the adoption of additional policies related to these activities and uses as deemed necessary promote the health, safety, welfare, morals, convenience, order, and prosperity of Forsyth County and its citizens; and to provide for attractive, economically viable areas for business and industry.

(Amd. of 10-8-2020(1); Amd. of 4-15-2021; Amd. of 10-7-2021)

(a)

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

(b)

Storage unit specifications and uses. Individual storage units shall not exceed 800 square feet and may not be used for the storage of hazardous materials or toxic substances. The use of individual storage units for living, sales, or hobbies is prohibited. No individual self-service storage building shall be more than 200 feet long. In the heavy commercial (HC) and business park (BP) districts, self-service storage developments are limited to single-story buildings. Multi-story buildings are permitted for self-service storage developments in the highway business (HB) commercial business district (CBD) district, the restricted industrial district (MI), and the heavy industrial district (M2).

(c)

Access. Access to self-service storage developments is limited to passenger vehicles and two-axle trucks (no semis are permitted). Interior drives between buildings shall be a minimum of 20 feet wide.

(d)

Right-of-way screening required. Fencing adjacent to a public right-of-way shall be required for self-service storage mini-warehouses, in the form of an architecturally finished wall.

(e)

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

(f)

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

(g)

Separation distances between self-service storage businesses. Separation distances between self-service storage businesses shall be applicable for and measured between the lot of the proposed self-service storage businesses and the lot of any existing self-service storage business. A self-service storage business shall be deemed to exist when it has received land development or building permit approval from the county. Separation distances shall be measured by a straight line connecting the closest distance between the lots. The minimum separation distance shall be three-fourths of a mile. No two self-service storage businesses shall be located on the same lot. The above separation requirements do not apply to renewal of a license or to applicants seeking a new license for a location previously licensed by Forsyth County as a self-service storage business.

(Amd. of 12-20-2016; Amd. of 2-2-2017(5); Amd. of 9-7-2017(6); Amd. of 3-7-2019; Amd. of 10-8-2020(1); Amd. of 4-15-2021; Amd. of 10-7-2021)

In A1 zoning districts, sheds may be allowed without a building permit provided that the shed meets the following requirements:

(a)

The shed shall be no larger than 200 square feet,

(b)

The shed shall not be outfitted for or serviced by any electrical, mechanical, or plumbing system, and

(c)

The shed shall comply with all setbacks.

All other sheds shall require building permits.

(Amd. of 11-4-2021)

(a)

Short-term rentals may be permitted only in agriculturally and agricultural-residentially zoned properties, and only upon application for and receipt of a conditional use permit.

(b)

In addition to the general considerations for decision and the special considerations for decision set forth in section 8-5.5 of this Unified Development Code, the board shall consider and may condition approval of an application for a conditional use permit based on the following:

(1)

Overnight occupancy and the number of guests expected to occupy the premises;

(2)

Daytime occupancy and the number of guests permitted on the premises;

(3)

The number of bedrooms;

(4)

The capacity of the paved or impervious surface parking lot;

(5)

Lot size;

(6)

Distance from the structure to be used as a short-term rental from all neighboring property lines; and

(7)

Sewer capacity and/or size and condition of the on-site septic system, as applicable.

(c)

No conditional use permit granted for a short-term rental shall become effective until January 1, 2020 and use of any property as a short-term rental may not commence until the effective date of the conditional use permit.

(d)

Pursuant to board of commissioner action taken on May 21, 2019, those modifications to the Unified Development Code approved April 18, 2019 regarding short-term rentals shall not be subject to enforcement or citation until January 1, 2020. This paragraph shall be retroactive to May 21, 2019.

(Amd. of 4-18-2019; Amd. of 10-3-2019; Amd. of 10-8-2020(1); Amd. of 4-15-2021; Amd. of 10-7-2021)

Editor's note— An amendment adopted September 2, 2021, repealed § 16-4.33, which pertained to timber harvesting and derived from Amd. of 4-5-2012; Amd. of 2-2-2017(5); Amd. of 9-7-2017(6); Amd. of 3-7-2019; Amd. of 4-18-2019; Amd. of 10-8-2020(1); Amd. of 4-15-2021.

Townhouse subdivisions are not subject to the minimum lot width standards specified in Table 11.2(a) and Table 11.2(b), but shall conform to the following requirements:

(a)

Subdivision plat approval required. Each townhouse development or phase thereof shall require subdivision plat approval in accordance with chapter 18 of this ordinance and resolution.

(b)

Streets. All streets within a townhouse development shall be built to county specifications and dedicated to the public; provided, however, that the rear of townhouses may have vehicular access by way of a private access easement or alley.

(c)

Lot size. Each single family attached dwelling unit must be on a lot of at least 2,500 square feet.

(d)

Minimum lot and unit width. Each lot shall be at least 24 feet wide. The minimum width of each unit shall also be 24 feet.

(e)

Setbacks. On interior lots the side setback on the side containing the common wall is reduced to zero. The site setback on the side opposite the common wall must meet the requirement for the side yard for the zoning district in which it is located.

(f)

Units per building and roof variations. To avoid a monotonous appearance, for any given building, no more than six units may have common walls i.e., no more than six units per building. Any building containing more than three units with common walls must have the roof of each attached unit distinct from the other through separation or offsets in roof design.

(Amd. of 9-25-2003; Amd. of 11-15-2004; Amd. of 4-5-2012; Amd. of 11-11-2012; Amd. of 2-2-2017(5); Amd. of 9-7-2017(6); Amd. of 3-7-2019; Amd. of 4-18-2019; Amd. of 10-8-2020(1); Amd. of 4-15-2021; Amd. of 10-7-2021)

These facilities are permitted only as conditional uses because of various off-site impacts that may result there from, including but not limited to, generation of waste, danger of explosion, crash, or bodily injury and dangers to adjacent land uses, substantial surface, air, or water traffic, noise exceeding levels fit for safety to the human ear, offensive or unpleasant odors, noxious gases and fumes, excessive temporary or sustained vibration, electromagnetic radiation, environmental degradation through spillage of chemicals or fuels, and aesthetic effects, among others. Prior to the approval of any use defined as a transportation and utility facility, the applicant shall submit a project impact statement that addresses the potential for effects cited in this section and, where such effects are found to be present when such activities are initiated, measures that will mitigate such effects. The County may consult with state and/or federal agencies with or without direct regulatory authority over such uses and shall be allowed an additional 60 days beyond normal processing times for such conditional uses described in this section.

(Amd. of 9-25-2003; Amd. of 4-5-2012; Amd. of 2-2-2017(5); Amd. of 9-7-2017(6); Amd. of 3-7-2019; Amd. of 4-18-2019; Amd. of 10-8-2020(1); Amd. of 4-15-2021; Amd. of 10-7-2021)

(a)

Establishments that sell, rent, or lease vehicles must provide parking specifically identified and devoted to customers.

(b)

Adequate space must be allocated, specifically identified, and reserved on the site for the unloading of vehicles brought to the site by car carriers.

(c)

It shall be a violation to park vehicles for sale, rent, or lease in customer parking or unloading areas.

(d)

When abutting a residential zoning district or office residential district, vehicle sales dealerships or vehicle rental establishments require submittal and approval of a photometric plan for lighting to ensure compatibility with adjacent land uses.

(e)

Outside loudspeakers shall not be permitted.

(f)

The operation of vehicles on the dealership property so as to create unreasonable noise and to disturb the peace, quiet and comfort of the inhabitants of surrounding properties is prohibited.

(g)

The following shall apply to all used vehicle sales dealerships:

(1)

A minimum of one acre of paved surface is required to be reserved solely for display of vehicles. Areas used for buildings, offices, service and repair, or employee and customer parking shall not be included in the calculation of the minimum paved surface.

(a)

The area used for the parking and display of vehicles must contain a stabilized base of not less than four inches covered by a minimum of two inches of pavement.

(b)

Pavement shall be made of concrete, asphalt pavement, or other dust-free surface.

(2)

All vehicles for sale shall be parked in designated parking spaces clearly identified through the use of striping. The location of each parking space must be clearly identified on the site plan.

(3)

All parked, stored, or displayed vehicles shall be set back at least ten feet from all public rights-of-way and shall not encroach upon any sidewalk or landscape strip.

(4)

Parts, materials, supplies, and equipment shall be stored inside an enclosed building.

(5)

The storage of junk and impounded vehicles is prohibited.

(6)

No inoperative vehicle nor any part thereof shall be sold or advertised for sale on the premises.

(7)

The dismantling of vehicles for salvage or sale of parts is prohibited.

(8)

Where a used vehicle sales dealership also includes vehicle repair or service, the following shall also apply:

(a)

Automotive services and repairs shall only be performed on vehicles that are to be sold on the premises.

(b)

Vehicles awaiting service or repair shall be stored inside an enclosed building or on the side or rear yard and screened from view from the right-of-way in accordance with section 12-10.9.

(c)

No more than four vehicles shall be awaiting service or repair outside of an enclosed building at any one time.

(d)

Vehicles awaiting service or repair outside are permitted to be parked for no longer than 72 hours before they shall be considered junk vehicles regardless of whether or not the vehicle is located within public view, except under the following circumstances:

(i)

Vehicles may exceed the allotted time threshold when awaiting shipped parts for repair or in the event that a motor vehicle title is in the process of being secured due to abandonment, but no more than two vehicles may be parked outdoors based on such occurrences at a given time.

(e)

All service and repair activities must be conducted entirely within an enclosed building. Bay doors shall be kept closed unless a vehicle is entering or exiting the building.

(f)

New facilities shall be designed with bays facing away from the primary street frontage.

(Amd. of 5-25-2021; Amd. of 10-7-2021)