(a)

Establishments that sell, rent, or lease automobiles must provide parking specifically identified and devoted to customers. Adequate space must be allocated, specifically identified, and reserved on the site for the unloading of vehicles brought to the site by car carriers. It shall be a violation to park vehicles for sale, rent, or lease in customer parking areas, unloading zones, within landscape strips, or in any other grass or unpaved area. Outside loudspeakers shall not be permitted when abutting residential zoning districts and uses.

(b)

When abutting a residential zoning district or use, automobile sales establishments require submittal and approval by the director of a photometric plan for lighting demonstrating compliance with the requirements of section 9-9-3-14. Establishments that will not operate during darkness shall not be required to submit a photometric plan.

(ULDC 2005, § 9-10-6-1)

In districts where permitted, bed and breakfast inns shall have a minimum of two guestrooms and a maximum of five guestrooms.

(ULDC 2005, § 9-10-6-2)

(a)

Lot area. Such uses require a minimum lot area of two acres.

(b)

Access. Vehicular access shall be derived only from a collector or arterial street.

(c)

Setback and buffer. A minimum building setback of 100 feet, and a natural undisturbed buffer replanted where sparsely vegetated of at least 50 feet adjacent to side and rear property lines, shall be required.

(d)

Exterior lighting. 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. See section 9-9-3-14 for additional requirements.

(e)

Evaluation. A written evaluation of noise impacts is required at the time the following special uses are proposed to be established as principal uses: stadiums, amphitheaters, outdoor firearms shooting ranges, and race tracks for animals and motor driven vehicles; such projects may be required to construct noise attention walls or otherwise address off-site noise impacts. A traffic impact analysis (see chapter 9-22-4) shall be required for amphitheaters, stadiums, racetracks for animals or motor-driven vehicles, and recreational vehicle parks.

(ULDC 2005, § 9-10-6-3)

In districts where permitted, day care centers shall have at least 150 square feet of outdoor play area and at least 35 square feet of indoor space provided for each child or other person served. The outdoor play area shall be enclosed by a solid wooden fence or masonry wall, with a minimum height of five feet, or by a building or combination wall or fence and building. Adequate and safe areas for the drop-off and pick-up of patrons shall be provided.

(ULDC 2005, § 9-10-6-4)

(a)

Lot area. The minimum lot area shall be ten acres or one acre per tee, whichever is greater.

(b)

Lot depth and width. The width of a driving range shall be not less than 200 yards at a distance of 350 yards from the tees. The depth along the driving area shall be at least 350 yards measured from the location of the tees.

(c)

Access. Vehicular access shall be derived only from a collector or arterial street.

(d)

Loudspeakers. Loudspeakers/paging systems are prohibited when residential use or a residential zoning district abuts a driving range.

(e)

Hours of operation. The hours of operation shall be limited to 8:00 a.m. to 11:00 p.m.

(f)

Lighting. If the driving range is proposed to be lit, a lighting plan shall be required to be submitted to the community and economic development department director for approval. (See also section 9-9-3-14.)

(ULDC 2005, § 9-10-6-5)

Junkyards shall be at least 500 feet from any single-family or multifamily residential zoning district boundary and shall be completely enclosed by a solid wooden fence or masonry wall having a height of eight feet, which shall be installed along all property lines to effectively screen all stored contents and operations from view. See also chapter 9-16-2. A minimum ten-foot-wide landscape strip shall be provided along the rear and side property lines, and a minimum 20-foot-wide landscape strip shall be required along the front property line. The solid wooden fence or masonry wall, where required, shall be located interior to any required landscape strips.

(ULDC 2005, § 9-10-6-6)

The minimum site size for a skeet or trap shooting range shall be 15 acres. The minimum site size for a rifle range shall be 20 acres. The range-portion of an outdoor shooting range shall be located no closer than 500 feet to a residential zoning district boundary or existing residential use. Rifle ranges shall have an earth embankment not less than 25 feet in height and not less than ten feet in depth along the entire width at the end of the range to serve as a back stop. Hours of operation shall be restricted to 9:00 a.m. to 11:00 p.m.

(ULDC 2005, § 9-10-6-7)

(a)

Distance from residential zoning district. Racetracks for vehicles or animals shall be located a minimum of 500 feet from a residential zoning district or existing residential use.

(b)

Access. Vehicular access shall be derived only from an arterial or collector road.

(c)

Buffer. A minimum 75-foot buffer shall be provided adjacent to any property containing a residential use or a residential zoning district. A minimum 50-foot-wide buffer shall be provided adjacent to all other property lines.

(d)

Security fencing. Security fencing shall be provided when the facility abuts a residential use or a residential zoning district.

(e)

Sound levels. A maximum constant sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at adjacent residential property lines. Sound levels shall be measured with a sound level meter. Noises capable of being measured shall be those that cause rapid fluctuations of the needle of the sound level meter with a variation of no more than, plus or minus, two decibels. Noise measurements of a few minutes only will suffice to define any given noise level.

(f)

Hours of operation. Hours of operation shall be limited to 9:00 a.m. to 11:00 p.m.

(ULDC 2005, § 9-10-6-8)

(a)

Access. Vehicular access shall be derived only from an arterial or collector road.

(b)

Minimum and maximum development size. The minimum lot size for a miniwarehouse development shall be two acres, and the maximum developed area for a miniwarehouse shall be four acres.

(c)

Size and use of storage units. Individual storage units shall not exceed 800 square feet in area and shall 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.

(d)

Maximum building length. No individual miniwarehouse building shall be more than 200 feet long.

(e)

Fencing. Fencing adjacent to a public right-of-way shall be required in the form of an architecturally finished wall or solid, opaque wooden fence. Fences placed on the remainder of the site may be black, vinyl-coated chainlink.

(f)

Hours of operation. Miniwarehouse developments shall not be accessible to the general public (excluding on-site managers) between the hours of 12:00 midnight and 5:00 a.m.

(ULDC 2005, § 9-10-6-9)

(a)

All buildings and accessory structures must be located at least 100 feet from any residential zoning district boundary. All fuel must be stored underground outside of any public right-of-way.

(b)

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

(c)

Uses permissible at a service and fuel filling station shall not include major mechanical and body work, straightening of body parts, painting, welding, or storage of automobiles not in mechanically operable condition. No emissions of noxious odors, dust, fumes, gas, noise, or vibration shall be allowed outside of any building.

(ULDC 2005, § 9-10-6-10)

In zoning districts where permitted, establishments that provide refueling of trucks and cater to the needs of truck drivers are subject to the following requirements: all uses other than the dispensing of fuel or other accessory vehicle services must be contained within a single principal building. Such building may contain convenience shopping space, a restaurant, television viewing and recreation lounges, restroom facilities, and showers.

(ULDC 2005, § 9-10-6-11)

(a)

Purpose and findings.

(1)

The governing body finds that the use of hookah pipes, electronic cigarettes, vape pens, and other similar devices in hookah, e-cigarette, and/or vapor lounges/bars and the activities associated with such businesses (including loud music, large numbers of customers congregating for long periods, etc.) have been associated with increases in odors, noise, vapors, second-hand smoke, parking impacts, loitering, and disturbances in the peace. The purpose of this section is to prevent the overconcentration of this land use and to mitigate the negative impacts associated with this land use.

(2)

The governing body also finds that smoking and vaping uses expose minors to dangerous secondhand smoke by-products and increase the potential for minors to associate smoking of hookah pipes, electronic tobacco devices, and vaping devices with a normative or healthy lifestyle.

(3)

The U.S. Food and Drug Administration conducted laboratory analysis of electronic cigarette samples and found them to contain carcinogens and toxic chemicals to which users and bystanders could potentially be exposed, suggesting that the same health and public nuisance concerns present with conventional cigarettes exist with electronic cigarettes.

(4)

The U.S. Centers for Disease Control and Prevention reports that smoking a hookah has many of the same health risks as cigarette smoking; that hookah use by youth is increasing; that the charcoal used to heat hookah tobacco can have negative health risks because it produces high levels of carbon monoxide, metals, and carcinogens; that hookah smokers may absorb more of the toxic substances also found in cigarette smoke than cigarette smokers do; that secondhand smoke from hookahs can be a health risk for nonsmokers; and that new forms of electronic hookah smoking are now on the market and very little information is available on the health risks of electronic tobacco products.

(5)

Chapter 3-7 of the Code of Ordinances, entitled Smoke-Free Air, bans smoking in all enclosed public places, subject to certain exceptions. In addition, the state further regulates smoking in public areas under the Georgia Smoke-Free Air Act of 2005.

(b)

Applicability.

(1)

The provisions of this section shall apply in addition to other regulations of the Code of Ordinances and this Unified Land Development Code. In the event of a conflict between other sections and this section, this section shall control.

(2)

The provisions of this section which apply to nonconforming use, as defined in section 9-11-3-1, shall apply to new facilities established following the effective date of the ordinance from which this section is derived. All legal, code-compliant hookah, e-cigarette, and vapor lounges/bars currently located in the city shall become legal, nonconforming uses, and as such must comply with the regulations set forth in chapter 9-11-3.

(c)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

E-cigarette lounge or bar means an establishment where patrons use e-cigarettes to smoke or smoke other alternative nicotine or tobacco products.

Hookah lounge or bar means an establishment where patrons use a communal hookah or pipe to smoke.

Vapor lounge or bar means an establishment where patrons vape or smoke other alternative nicotine or tobacco products.

(d)

Location. Any hookah, e-cigarette, and/or vapor lounge/bar shall require special use approval by the governing body within the light industrial (L-I) and heavy industrial (H-I) zoning districts.

(e)

Operational and development standards. The following operational and development standards shall apply to all hookah, e-cigarette, and/or vapor lounges/bars in the city and shall be included as conditions imposed upon any license, permit, or other entitlement granted for such a business.

(1)

Distance requirements. Any hookah, e-cigarette, and/or vapor lounge/bar shall be located at least 500 feet from any other hookah, e-cigarette, and/or vapor lounge/bar, or from any smokers' lounge, smoke shop, tobacco shop, and/or alternative nicotine product shop. Any hookah, e-cigarette, and/or vapor lounge/bar shall be located at least 1,000 feet from any public or private K-12 school or daycare, library, church, community and/or recreation center, liquor store, sexually oriented business, tattoo parlor, pawnshop, bar or nightclub, card room, check cashing business, park, and/or residential zoning district.

(2)

Operation. Any hookah, e-cigarette, and/or vapor lounge/bar shall operate in compliance with all federal, state, county, and local laws and regulations.

(3)

Minors prohibited. No persons under 18 years of age shall be permitted within a hookah, e-cigarette, and/or vapor lounge/bar, including as employees. All employees must be at least 18 years of age. Business owners or operators shall require proof of identification to verify the age of customers, visitors, and employees.

(4)

Indoor operation only. All business-related activity, including smoking, shall be conducted entirely within a building. Outdoor seating, operating outdoor barbecues, and/or lighting coals outdoors shall not be permitted.

(5)

Admission charges prohibited. No admission charges, including a cover charge or minimum purchase requirement, shall be permitted.

(6)

Food and beverages. Food and beverages, including alcoholic beverages and prepackaged food and beverages, shall not be sold, served, or consumed on the premises of the lounge/bar.

(7)

Visibility and illumination. No window coverings or signage shall prevent visibility of the interior of the establishment from the outside during operating hours. The interior of the establishment shall have lighting adequate to make the conduct of patrons within the establishment readily discernible from the outside of the establishment to people of normal visual capabilities.

(8)

Ventilation. Adequate ventilation must be provided in accordance with all standards imposed by the building official and fire department, and any other requirements applicable to the establishment by state or federal laws. The requirements imposed by the building official or fire department may be more comprehensive than current building codes to prevent negative health and nuisance impacts on neighboring properties, including a requirement for a separate system to prevent smoke and vapors from migrating to adjoining suites or buildings and to outdoor public areas.

(Ord. No. 2019-35, § IV, 12-17-2019)

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Special event facility means an independent facility, assembly hall, or restaurant event space capable of accommodating 100 patrons or more leased for the purpose of holding private parties or special events, including, but not limited to, weddings. The term" special event facility" excludes an accessory special event facility that is part of a religious institution, educational facility, hotel, community recreation facility, and/or nonprofit club or lodge.

(b)

Codes. A special event facility must meet all applicable building, occupancy, life safety, fire, parking, health and food service codes, rules and regulations.

(c)

Applicability.

(1)

The provisions of this section shall apply in addition to other regulations of the Code of Ordinances and this Unified Land Development Code. In the event of a conflict between other sections and this section, this section shall control.

(2)

The provisions of this section which apply to the term "nonconforming use," as defined in section 9-11-3-1, shall apply to new special event facilities established following the effective date of the ordinance from which this section is derived. All legal, code-compliant special event facilities currently located in the city shall become legal, nonconforming uses, and as such must comply with the regulations set forth in chapter 9-11-3.

(d)

Location. A special event facility shall be located on an arterial street or collector street, as those terms are defined in section 9-13-2-1. A special event facility shall require special use approval by the governing body.

(e)

Noise. Any amplified noise shall be subject to the regulations established in the Code of Ordinances and this Unified Land Development Code, as may be amended from time to time.

(f)

Security. Uniformed security guards shall be provided in such a level so as to ensure the safety of the public and all attendees within a special event facility.

(g)

Site inspection. A site inspection by the building official shall be required prior to the issuance of a certificate of occupancy for any special event facility.

(Ord. No. 2019-35, § V, 12-17-2019)

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Food processing plant means a manufacturing establishment producing or processing foods for human or animal consumption, and certain related products or by-products, including, but not limited to, the following products: sugar, dairy, fruit and vegetable (including canning, preserving and processing), grain mill products and by-products, meat, poultry and seafood (including by-product processing, but not including the slaughtering of animals), and miscellaneous food preparation from raw products.

(b)

Minimum lot size. The minimum lot size for a food processing plant shall be five acres.

(c)

Parking. A minimum of 0.75 spaces per employee for the number of employees present during the largest shift must be provided within defined parking areas that meet the parking standards outlined in chapter 9-17-5.

(d)

Loading zones. Loading zones and areas for truck turnarounds and truck queuing must be designated separate from employee parking and must be provided on-site. No public right-of-way shall be used for these purposes.

(e)

Location. Access shall be from an arterial street or collector street, as that term is defined in section 9-13-2-1.

(f)

Noise, dust and odors. Any noise, dust or odors shall be subject to the regulations established in the Code of Ordinances and this Unified Land Development Code, as may be amended from time to time.

(g)

Site inspection. A site inspection by the building official shall be required prior to the issuance of a certificate of occupancy for any food processing plant.

(h)

Applicability.

(1)

The provisions of this section shall apply in addition to other regulations of the Code of Ordinances and this Unified Land Development Code. In the event of a conflict between other sections and this section, this section shall control.

(2)

The provisions of this section which apply to the term "nonconforming use," as defined in section 9-11-3-1 shall apply to new food processing plants established following the effective date of the ordinance from which this section is derived. All legal, code-compliant food processing plants currently located in the city shall become legal, nonconforming uses, and as such must comply with the regulations set forth in chapter 9-11-3.

(Ord. No. 2019-35, § VI, 12-17-2019)

(a)

Purpose.

(1)

The purpose of this section is to ensure the continued availability of quality transient lodging within the city and proper maintenance of lodging services and to protect the health, safety and welfare of users of lodging services.

(2)

This section is essential to the public's interest, safety, health, and welfare and shall be liberally construed to effectuate its purposes.

(b)

Applicability.

(1)

The provisions of this section shall apply in addition to other regulations of the Code of Ordinances and this Unified Land Development Code. In the event of a conflict between other sections and this section, this section shall control.

(2)

The provisions of this section which apply to the term "nonconforming use," as defined in section 9-11-3-1, shall apply to new lodging services established following the effective date of the ordinance from which this section is derived. All legal, code-compliant lodging services currently located in the city shall become legal, nonconforming uses, and as such must comply with the regulations set forth in chapter 9-11-3.

(c)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Bona fide employee means a person who works in the business of lodging services or extended stay lodging services under a contract of hire, whether express or implied, where the employer has the power or right to control or direct the details of what work is to be performed and the manner in which that work is to be performed.

Extended stay lodging services means any facility consisting of one or more buildings, offering shelter accommodations, or a place for shelter, to the public for a fee for more than 15 days but not more than 30 days in one or more rooms within the same facility, with provisions for living, sanitation, sleeping, fixed cooking appliances, and/or kitchen facilities.

Fixed cooking appliances means a stove top burner; a hotplate that does not serve as an integral part of an appliance designed solely to produce coffee; a conventional oven; a convection oven; or any oven producing heat using resistance heating elements, induction heating, or infrared heating sources.

Guest means a person who is not a patron but is present on the premises of lodging services to accompany a patron and with the express permission of the owner, operator, keeper or proprietor of the lodging services. Guests are required to register with the supporting patron.

Lodging services means any facility consisting of one or more buildings, offering shelter accommodations, or a place for shelter, to the public for a fee for 15 days or less in one or more rooms in the same facility, with provisions for living, sanitation, and sleeping.

Kitchen facilities means kitchen amenities, including, but not limited to, refrigerators, stoves, ovens, and kitchen-type sink. Amenities limited to a microwave, mini-refrigerator, and/or an appliance designed to produce coffee or tea do not constitute kitchen facilities for purposes of the term "kitchen facilities."

Patron means a person who pays a fee to the owner, operator, keeper or proprietor of the lodging services for the right to occupy one or more rooms.

(d)

Provisions applicable to lodging services.

(1)

No more than five percent of rooms in lodging services shall have fixed cooking appliances and/or kitchen facilities located therein. If more than five percent of the rooms contain fixed cooking appliances and/or kitchen facilities, such lodging services shall be deemed extended stay lodging services, and subject to the regulations for extended stay lodging services.

(2)

No lodging services may be converted to and operated as extended stay lodging services unless the lodging services is in full compliance with each of the provisions applicable to extended stay lodging services, including, but not limited to, having the appropriate zoning for the property upon which the lodging services is located.

(3)

All lodging services must staff the lobby with a bona fide employee or manager 24 hours a day.

(4)

No owner, operator, keeper, proprietor or employee of lodging services shall provide lodging at an hourly rate.

(5)

No owner, operator, keeper or proprietor of lodging services shall designate more than three rooms for the purpose of allowing bonafide employees and their family to reside on the premises.

(6)

Maximum length of occupancy. No lodging services located within the city shall allow any person to stay at such lodging services for more than 15 consecutive days, nor more than 30 days during a 180-day period unless one of the following criteria apply:

a.

Where there is a written agreement between lodging services and a business entity or governmental agency to house employees/contractors and family of employees/contractors of such business entity or governmental agency during times that said employees/contractors are performing services for such business entity or governmental agency;

b.

Where there is documentation, consistent with HIPAA privacy rules, that a patron and/or guest are family of or providing care for a patient who is admitted at a local hospital or other medical care facility; or

c.

Where an insurance company or governmental agency has provided documentation that a patron and/or guest has been displaced from the patron and/or guest's home by a natural disaster or fire.

(7)

Each room at lodging services shall be accessed through an interior hallway, and no person shall have access to the exterior of the building except through the central lobby or as otherwise determined by fire codes.

(8)

Each room at lodging services shall have a minimum of 300 square feet.

(9)

Any outdoor recreational areas provided by lodging services shall be located to the rear or side of the building.

(10)

A fixed cooking appliance in any room at lodging services shall have a maximum 60 minute automatic power-off timer for each such appliance.

(11)

Inspections of rooms and business records of lodging services may be performed by sworn officers of the city police department or the city code enforcement and their designated employees for the purpose of verifying compliance with the requirements of this section and state law.

(e)

Recordkeeping and registration requirements for lodging services.

(1)

Every owner, operator, keeper or proprietor of any lodging services shall keep a record of all rental agreements between the lodging services and all patrons and guests and make these records available to the city upon request. For purpose of this subsection, the term "record" includes the electronic registration system of the lodging services which stores patron and guest identifying information. In the event the lodging services does not have an electronic registration system, the lodging services shall manually record the patron and guest information in a paper record or registration book.

(2)

The following information, at a minimum, must be recorded at the time of registration and maintained for a period of not less than 180 days after the rental agreement's termination:

a.

The number of occupants;

b.

The full name and telephone number of the person responsible for payment;

c.

The room number assigned to each patron and guest;

d.

The day, month, year and time of arrival of each patron and guest;

e.

The day, month, and year each patron and guest are scheduled to depart;

f.

Upon departure, record of departure day, month, and year for each patron and guest;

g.

The rate charge and amount collected for rental of the room.

(3)

No person shall procure or provide lodging in any lodging services, through misrepresentation or production of false identification, or identification which misrepresents the identity of the person procuring or sharing in such lodging.

(4)

All information required to be maintained pursuant to this section shall be provided to any federal, state, or local sworn law enforcement officer having the lawful power to arrest, upon demand of the officer and a representation by said officer that a reasonable suspicion exists that such information is relevant to a then-pending inquiry or investigation.

Nothing in this requirement shall be construed as giving any such officer any greater right or license to enter a room or invade privacy that the officer shall otherwise possess as a matter of law, probable cause, constitutional law, statutory right, or warrant.

(Ord. No. 2019-35, § VII, 12-17-2019)

(a)

Purpose.

(1)

The purpose of this section is to ensure the continued availability of quality transient lodging within the city and proper maintenance of extended stay lodging services and to protect the health, safety and welfare of users of extended stay lodging services.

(2)

This section is essential to the public's interest, safety, health, and welfare and shall be liberally construed to effectuate its purposes.

(b)

Applicability.

(1)

The provisions of this section shall apply in addition to other regulations of the city's Code of Ordinances and Unified Land Development Code. In the event of a conflict between other sections and this section, this section shall control.

(2)

The provisions of this section which apply to the term "nonconforming use," as defined in section 9-11-3-1, shall apply to new extended stay lodging services established following the effective date of the ordinance from which this section is derived. All legal, code-compliant extended stay lodging services currently located in the city shall become legal, nonconforming uses, and as such must comply with the regulations set forth in chapter 9-11-3.

(c)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Bona fide employee means a person who works in the business of lodging services or extended stay lodging services under a contract of hire, whether express or implied, where the employer has the power or right to control or direct the details of what work is to be performed and the manner in which that work is to be performed.

Extended stay lodging services means any facility consisting of one or more buildings, offering shelter accommodations, or a place for shelter, to the public for a fee for more than 15 days but not more than 30 days in one or more rooms within the same facility, with provisions for living, sanitation, sleeping, fixed cooking appliances, and/or kitchen facilities.

Fixed cooking appliances means a stove top burner; a hotplate that does not serve as an integral part of an appliance designed solely to produce coffee; a conventional oven; a convection oven; or any oven producing heat using resistance heating elements, induction heating, or infrared heating sources.

Guest means a person who is not a patron but is present on the premises of lodging services or extended stay lodging services to accompany a patron and with the express permission of the owner, operator, keeper or proprietor of the lodging services or extended stay lodging services. Guests are required to register with the supporting patron.

Kitchen facilities means kitchen amenities, including, but not limited to, refrigerators, stoves, ovens, and kitchen-type sink. Amenities limited to a microwave, mini-refrigerator, and/or an appliance designed to produce coffee or tea do not constitute kitchen facilities, for purposes of the term "kitchen facilities."

Lodging services means any facility consisting of one or more buildings, offering shelter accommodations, or a place for shelter, to the public for a fee for 15 days or less in one or more rooms in the same facility, with provisions for living, sanitation, and sleeping.

Patron means a person who pays a fee to the owner, operator, keeper or proprietor of the lodging services or extended stay lodging services for the right to occupy one or more rooms.

(d)

Provisions applicable to extended stay lodging services.

(1)

If more than five percent of the rooms contain fixed cooking appliances and/or kitchen facilities, such lodging services shall be deemed extended stay lodging services, and subject to the regulations for extended stay lodging services.

(2)

No lodging services may be converted to and operated as extended stay lodging services unless the lodging services is in full compliance with each of the provisions applicable to extended stay lodging services.

(3)

Any extended stay lodging services shall require special use approval by the governing body within the general business (G-B) zoning district.

(4)

All extended stay lodging services must staff the lobby with a bona fide employee or manager 24 hours a day.

(5)

No owner, operator, keeper, proprietor or employee of extended stay lodging services shall provide lodging at an hourly rate.

(6)

No owner, operator, keeper or proprietor of extended stay lodging services shall designate more than three rooms for the purpose of allowing bona fide employees and their family to reside on the premises.

(7)

Maximum length of occupancy. No extended stay lodging services located within the city shall allow any person to stay at such extended stay lodging services for more than 30 consecutive days, nor more than 60 days during a 180-day period, unless one of the following criteria apply:

a.

Where there is a written agreement between lodging services and a business entity or governmental agency to house employees/contractors and family of employees/contractors of such business entity or governmental agency during times that said employees/contractors are performing services for such business entity or governmental agency;

b.

Where there is documentation, consistent with HIPAA privacy rules, that a patron and/or guest are family of or providing care for a patient who is admitted at a local hospital or other medical care facility;

c.

Where an insurance company or governmental agency has provided documentation that a patron and/or guest has been displaced from the patron and/or guest's home by a natural disaster or fire; or

d.

Where there is official documentation from a local nonprofit housing agency or shelter that no alternative housing is available for the patron and/or guest.

(8)

The minimum lot size for extended stay lodging services shall be two acres.

(9)

Each room at extended stay lodging services shall be accessed through an interior hallway, and no person shall have access to the exterior of the building except through the central lobby or as otherwise determined by fire codes.

(10)

The size of the lobby at extended stay lodging services shall be a minimum of 700 square feet.

(11)

Each room at extended stay lodging services shall have a minimum of 300 square feet.

(12)

Extended lodging services shall provide an enclosed heated and air-conditioned laundry space with a minimum of three washers and three dryers.

(13)

Any outdoor recreational areas provided by extended stay lodging services shall be located to the rear or side of the building.

(14)

Any extended stay lodging services adjacent to residentially zoned property or residential land uses shall provide at least a 75-foot natural buffer, enhanced with an at least an additional 25-foot landscaped buffer (total at least 100 feet).

(15)

A fixed cooking appliance in any room at extended stay lodging services shall have a maximum 60 minute automatic power-off timer for each such appliance.

(16)

Inspections of rooms and business records of extended stay lodging services may be performed by sworn officers of the city police department or the city code enforcement and their designated employees for the purpose of verifying compliance with the requirements of this section and state law.

(e)

Recordkeeping and registration requirements for extended stay lodging services.

(1)

Every owner, operator, keeper or proprietor of any extended stay lodging services shall keep a record of all rental agreements between the extended stay lodging services and all patrons and guests and make these records available to the city upon request. For purpose of this subsection, the term "record" shall include the electronic registration system of the extended stay lodging services which stores patron and guest identifying information. In the event the extended stay lodging services does not have an electronic registration system, the extended stay lodging services shall manually record the patron and guest information in a paper record or registration book.

(2)

The following information, at a minimum, must be recorded at the time of registration and maintained for a period of not less than 180 days after the rental agreement's termination:

a.

The number of occupants;

b.

The full name and telephone number of the person responsible for payment;

c.

The room number assigned to each patron;

d.

The day, month, year and time of arrival of each patron and guest;

e.

The day, month, and year each patron and guest are scheduled to depart;

f.

Upon departure, record of departure day, month, and year for each patron and guest;

g.

The rate charge and amount collected for rental of the room.

(3)

No person shall procure or provide lodging in any extended stay lodging services, through misrepresentation or production of false identification, or identification which misrepresents the identity of the person procuring or sharing in such lodging.

(4)

All information required to be maintained pursuant to this section shall be provided to any federal, state, or local sworn law enforcement officer having the lawful power to arrest, upon demand of the officer and a representation by said officer that a reasonable suspicion exists that such information is relevant to a then-pending inquiry or investigation.

Nothing in this requirement shall be construed as giving any such officer any greater right or license to enter a room or invade privacy that the officer shall otherwise possess as a matter of law, probable cause, constitutional law, statutory right, or warrant.

(Ord. No. 2019-35, § VII, 12-17-2019)

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

(1)

Approval and permit. Approval by the director and issuance of a permit by the building official. Said permit shall be temporary but renewable once after a period of six months. Said permit shall only be issued if plans and permits have been approved for one or more permanent buildings on the subject property.

(2)

Water and sewer. Adequate water and sewage disposal for the structure is approved by the county environmental health department or the city public utilities department, whichever has jurisdiction.

(3)

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

(4)

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

(5)

Compliance with overlay zone requirements. When this use is established in an overlay zone, the requirements of the overlay zone shall apply to this use.

(ULDC 2005, § 9-10-8-1)

(a)

Accessory to businesses or organizations; authorized subject to permit approval. A special temporary outdoor event is an activity accessory to a business or organization that is not part of its normal daily activities, such as a grand opening or closeout sale, or any temporary event conducted by a civic, philanthropic, educational or religious institution, such as a fundraising or membership drive. A special temporary outdoor event may be authorized subject to permit approved by the community and economic development department director and in compliance with the following:

(1)

Duration. The duration of the event shall not last longer than 15 consecutive days.

(2)

Frequency. Special temporary outdoor events shall not take place more frequently than four times in any calendar year for the same business or organization. Any four such events must be separated by at least 30 consecutive days.

(3)

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

(4)

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

(b)

Activities permitted only in C-B, R-B, G-B, I-1 and H-1 districts. Carnivals, circuses or festivals are considered special temporary outdoor events but are only permitted within the C-B, R-B, G-B, L-I and H-I zoning districts. Carnivals, circuses or festivals shall not take place more frequently than four times in any calendar year on the same property. Any four such events on the same property must be separated by at least 30 consecutive days. In addition to the special temporary outdoor event requirements, carnivals, circuses or festivals shall provide:

(1)

Property owner authorization in the form of a notarized letter signed by the property owner.

(2)

Evidence of liability insurance in an amount acceptable to the city attorney.

(ULDC 2005, § 9-10-8-2; Ord. No. 2008-43, § II, 11-18-2008)

(a)

On sites where educational or religious facilities are permitted, one or more temporary classrooms, which may be modular structures but not manufactured homes, may be permitted as temporary uses by the community and economic development department director, upon application and after the issuance of a building permit, for a school or church. The director may attach reasonable conditions on the issuance of such permit to ensure compatibility and public safety. The duration of such temporary use and building permit shall not exceed one year unless an extension is granted by the planning and appeals board.

(b)

When this use is established in an overlay zone, the requirements of the overlay zone shall apply to this use.

(ULDC 2005, § 9-10-8-3)

Sexually oriented adult uses shall comply with all requirements of chapter 6-10 of the Code of Ordinances.

(ULDC 2005, § 9-10-11-1)

(a)

No sexually oriented adult use shall be located as follows:

(1)

Within 300 feet of a lot zoned to allow single-family, two-family or multifamily residential uses.

(2)

Within 300 feet of the lot line of any library, school, park, playground, governmental building, civic center, church or place of worship.

(3)

Within 1,000 feet of the lot line of any other adult entertainment use.

(b)

The governing body may deny a special use request when there is evidence that the type and number of schools, churches or other places of worship, libraries, public or private recreation facilities, public businesses and residential developments in the vicinity of the location of the proposed adult use causes minors to frequent the immediate area, even though there is compliance with the minimum distances as provided herein.

(c)

The distance restrictions set out above shall apply in any and all directions from the lot line of the proposed adult use at the point closest to the lot line of the other property, as measured in a straight line to the point on the lot line of the other property that is located closest to the lot line of the proposed adult use property. This distance shall be verified by plat showing distances furnished by the applicant, prepared by a land surveyor registered in the state. This plat shall accompany and be made part of the application for a special use approval.

(ULDC 2005, § 9-10-11-2)

Nothing contained herein shall be construed to authorize or legalize the selling, lending, renting, leasing, giving, advertising, publishing or other dissemination to any person, any book, magazine, movie film, still picture or any other written material, pornographic matter, novelty, device or related sundry item which is obscene material under the laws of the state.

(ULDC 2005, § 9-10-11-3)

Nothing contained herein shall be construed to authorize or legalize any act of prostitution, sodomy, solicitation for sodomy, masturbation for hire or distribution of obscene materials, as those acts are defined by the laws of the state.

(ULDC 2005, § 9-10-11-4)

(a)

Location. Buildings accessory to residential uses in residential zoning districts shall be located in a rear yard or side yard. In other zoning districts, accessory buildings, structures, and uses shall be located in a rear yard or side yard, except for well houses, decorative landscape structures, or guard buildings serving residential neighborhoods.

(b)

Relationship to principal use. No accessory building, structure, or use shall be erected on a lot until construction of the principal building or establishment of principal use has commenced. Accessory buildings and structures must be constructed in conjunction with, or after, a building permit for the principal building is lawfully approved and use is established.

(c)

Interpretation. When an accessory building is attached to a principal building by a breezeway, passageway, or similar means, the accessory building shall be considered part of the principal building and shall comply with the yard requirements for a principal building.

(ULDC 2005, § 9-10-1-1)

(a)

Height. If a fence or freestanding wall, other than a retaining wall or necessary fencing encompassing a tennis court, is to be placed in a yard, it shall be no more than eight feet in height. Fences or freestanding walls constructed between the build-to-line and the front lot line in a front yard of a residential lot shall not exceed 3½ feet (42 inches) in height; provided, however, that this shall not apply to subdivision or project identification monuments at the entrance to a subdivision or development and wall or fence extensions thereof, where permitted, which shall not exceed eight feet in height and columns shall not exceed ten feet in height. Fences or walls on properties with nonresidential uses shall not exceed eight feet in height and columns shall not exceed ten feet in height in a front, side or rear yard.

(b)

Location and placement. Fences and walls should be located along any side or rear common property line. No fence or freestanding wall shall be erected in a manner that obstructs visibility at street intersections (see also chapter 9-17-4). Retaining walls and subdivision entrance monuments shall not be placed within the right-of-way of a local street.

(c)

Composition. Walls and fences shall present a finished and attractive surface to the exterior of the property and to the interior of the property where the interior wall or fence is visible from the right-of-way. The entire wall or fence must be consistent in form, shape, style and material and shall not be composed or constructed of exposed concrete block, tires, junk, or other discarded materials. In all residential zoning districts, fences or walls erected within the front yard shall be constructed of brick, stone, wood, stucco, wrought iron, split rail, vinyl plastic or chainlink coated with black in color vinyl. Chainlink fences installed in commercial and industrial zoning districts and visible from the public right-of-way shall be coated with black in color vinyl and the appearance softened with landscaping as approved by the director. An additional two feet of security wire may be placed on fences in commercial and industrial zoning districts, unless prevented by overlay zone regulations.

(d)

Gates. When gates for vehicular access are provided, said gates shall not be located closer than 25 feet to a public street or road right-of-way, to ensure safe ingress and egress. (See also section 9-13-10-9.)

These requirements shall not apply to temporary fencing erected around a lot during construction of a building for security and safety or code compliance reasons. All such temporary fencing shall be approved by the building official upon issuance of a building permit and shall be removed upon completion of construction.

(ULDC 2005, § 9-10-1-2; Ord. No. 2009-47, § XV, 12-15-2009; Ord. No. 2019-35, § VIII, 12-17-2019)

Except for junk/salvage yards and wrecked motor vehicle compounds, it shall be unlawful to park or continuously store abandoned, wrecked, junked or inoperable vehicles, power-driven construction equipment, used lumber or metal, used appliances, or any other miscellaneous scrap material that is visible from a public street or adjacent or abutting property. Such use shall be enclosed with a minimum six-foot-high opaque fence and screened with vegetation. No such storage shall be allowed in front yards. Additional screening, as determined by the community and economic development department director, based upon the elevations and uses of surrounding properties, may be required to comply with this provision in side and rear yards.

(ULDC 2005, § 9-10-1-3)

(a)

Repair or dismantling. Parking and loading areas shall not be used for the repair or dismantling of any vehicle, equipment, materials, or supplies.

(b)

Offer for sale. Parking and loading areas shall not be used to store vehicles for sale, except in cases where the property owner holds title or lease to the vehicles, provided auto sales is a permitted use in the district in which the property is located. This provision shall not apply to the placing of a "For Sale" sign on or in one licensed vehicle, located in a private residential driveway and which licensed vehicle, boat, or other vehicle is owned by an occupant of said private residence.

(c)

Attendant's shelter. An attendant's shelter building may be permitted for parking lots in nonresidential zoning districts, provided that such structure or building does not contain more than 50 square feet of gross floor area and is set a distance of not less than 25 feet from the public right-of-way.

(ULDC 2005, § 9-10-1-4)

Within a residential subdivision or multiple-family residential development, community recreation facilities, as defined by this Code, must be platted when a part of a subdivision or part of the development plan approval for a multiple-family residential development. Community recreation facilities shall be subject to the following:

(1)

Exterior lighting. If lighted, exterior lighting shall require a lighting plan to be submitted and approved prior to installation. (See section 9-9-3-14.)

(2)

Swimming pools and tennis courts. Swimming pools and tennis courts shall be setback a minimum of 25 feet from all property lines of the tract of land devoted to community recreation, with a minimum ten foot wide landscape strip along all property lines of said tract. (See article 9-16 for landscape strip specifications.)

(3)

Buildings. Buildings (excluding accessory structures) shall be setback a minimum of 25 feet from the property line of the tract. If outdoor patio or decks are provided, they shall be located no closer than 25 feet from the property line of the tract and a minimum ten-foot wide landscape strip shall be provided between said outdoor patio or deck and the property line or boundary of said tract. (See article 9-16 for landscape strip specifications.)

(4)

Parking. Parking shall be provided per the requirements of article 9-17.

(ULDC 2005, § 9-10-2-1)

A dwelling unit may be constructed and used as a model home or temporary office for the sale of lots under the following conditions:

(1)

The model home is typically constructed before approval of a final plat, and hence the model home is the principal use of the entire unsubdivided parcel until the final plat is approved. The model home shall be placed on a lot designated on the approved preliminary plat and shall be placed in a manner that meets the applicable zoning district dimensional requirements so that it complies at the time it is erected and when it is sold and/or converted for single-family residential use.

(2)

Sales shall be limited to the lots and buildings within the subdivision where the model home is located.

(3)

A manufactured home or portable building shall not be used as a model home or temporary sales office.

(4)

The use of the model home for a sales office shall be discontinued within 30 days after certificates of occupancy have been issued on 90 percent of the lots in the subdivision.

(5)

The model home shall comply with parking and applicable accessibility standards.

(ULDC 2005, § 9-10-2-2)

(a)

Condominiums. If a condominium form of ownership is proposed, the development shall meet all current applicable state laws, including the Georgia Condominium Act (O.C.G.A. § 44-3-70 et seq.). Proposed bylaws and the articles of incorporation for the condominium association shall be submitted with the application for development approval.

(b)

Amenities. All developments containing 50 or more dwelling units shall have a clubhouse, swimming pool, and tennis court. The size of the swimming pool shall be a minimum of 800 square feet of water surface. These facilities are subject to section 9-10-2-1.

(c)

Laundry facilities. On-site accessory laundry facilities are permitted accessory uses for developments with 25 or more units.

(d)

Setbacks. Buildings within multifamily developments shall be subject to the setbacks for the entire lot as established in applicable zoning district dimensional requirements. There shall be no requirements for setbacks from private driveways within the multifamily development. This does not include single-family attached dwelling (fee-simple townhouse) developments.

(ULDC 2005, § 9-10-2-3; Ord. No. 2009-47, § XVI, 12-15-2009)

(a)

A relocation permit is required to relocate a residential structure established in the city limits. The relocation permit is not a building permit for the placement of the structure at a new location. The applicant shall include the following with the application for the relocation permit:

(1)

A photograph of the structure at its present location.

(2)

The current location (address and tax parcel number) where the structure is now located.

(3)

If the structure is to be relocated inside the city limits, the proposed location (address and tax parcel number) of the structure. To ensure compliance with the applicable zoning district dimensional requirements, when the relocated residential structure is proposed to be located within the city limits, the community and economic development department director shall require submission of the proposed location (address and tax parcel number) and a copy of the recorded plat of the lot on which the structure will be placed (if none exists, the applicant shall be required to comply with subdivision requirements of article 9-13).

(4)

The total heated floor area of the existing structure and, if to be located within the city, the renovated structure.

(5)

If it is to be relocated within the city, an agreement that a building permit will be required and that all exterior improvements to the structure once relocated shall be completed within six months of relocation.

(6)

If located or proposed to be located within the Historic Preservation Overlay Zone, there must be a copy of the approved certificate of appropriateness from the historic preservation commission in accordance with chapter 9-23-3.

(b)

The building official shall inspect or arrange to inspect the structure for compliance with the minimum standards of the zoning district proposed for location and other applicable regulations.

(ULDC 2005, § 9-10-2-4)

In zoning districts where permitted, fee-simple townhouses shall meet the following requirements:

(1)

Lot frontage and lot width. Each platted lot shall have a minimum of 20 feet of frontage on a public street or private road that meets public street standards, and each lot shall have a minimum lot width of 20 feet.

(2)

Lot size. The minimum size of a lot for each fee-simple townhouse lot (i.e., the extent of land owned by the owner of the unit) shall be 2,000 square feet in lot area.

(3)

Building setbacks. There shall be a minimum 20-foot side or rear setback from any perimeter boundary of the fee-simple townhouse subdivision and a 30-foot front setback from any public street exterior to or within the subdivision. There shall be a minimum 20-foot rear setback from townhouse lot boundaries for all buildings and structures. In the case of any public street, the front building setback shall be measured from the right-of-way line of the public street. In the case of a private street, the front building setback shall be 15 feet and shall be measured from the private street right-of-way line or, if none is established, the curb of the private street nearest the building. Zero lot line between units within the same building shall be permitted, subject to applicable fire and building codes.

(4)

Building separation. There shall be a minimum building separation of 20 feet between townhouse buildings.

(5)

Building unit offsets. To avoid a monotonous appearance, for any given building, no more than six units may have common walls. Any building containing more than three units with common walls must have the front facade and the roof of each attached unit distinct from the other through separation, staggering, or offsets in design by a minimum of three feet.

(6)

Rear access for fire protection. Townhouse developments shall be designed to provide proper access to all dwelling units for firefighting purposes, as may be determined by city personnel administering relevant codes. Rear access, if required for firefighting purposes, may be accomplished by alleys.

(7)

Subdivision plat approval. Each townhouse development, or phase thereof, shall require preliminary and final subdivision plat approval in accordance with chapters 9-13-4 and 9-13-14, respectively.

(8)

Driveways. Townhouse developments shall be designed with shared access to minimize the number of driveways off of a public street. Access must be reviewed and approved by the public works department, and no more than two driveways for a townhouse development shall be permitted on a public street.

(9)

Parking. Each townhouse unit shall have a two-car garage. An exemption from this requirement may be allowed if the parking is located behind the townhouse building.

(ULDC 2005, § 9-10-2-5; Ord. No. 2009-47, § XVII, 12-15-2009; Ord. No. 2022-09, § IV, 3-1-2022)

All single- and two-family detached dwellings shall meet or exceed the following requirements:

(1)

Administrative relief. The community and economic development department director may approve deviations from the requirements of this section on the basis of finding that the materials to be utilized or the architectural style proposed for the dwelling unit will be compatible with and harmonious or superior to existing structures in the vicinity, and that such deviation shall be consistent with the intent of these regulations.

(2)

Building code standards. The dwelling shall be constructed in accordance with all applicable requirements of the building code, as adopted by the city, or in accordance with the standards of state law and regulations for residential industrialized buildings, whichever apply.

(3)

Exterior siding. Exterior siding materials shall consist of wood, brick, stone, concrete, stucco, EIFS or similar materials, or lap siding of masonite, vinyl or similar materials, or any combination of the above except where otherwise identified as a prohibited material within an infill residential development project or overlay zone as identified within this Code. The exterior siding shall extend the full height of the exterior walls, from the surrounding grade to the bottom eves or other juncture with the roof.

(4)

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

(5)

Minimum structure width. The minimum width of a structure shall be 20 feet.

(6)

Porch. A porch or hard surfaced landing shall be provided at each exterior door and stairway top and bottom, which shall be at least as wide as the door it serves, but no less than 36 inches in width and 36 inches in depth.

(7)

Roofs. All roof surfaces shall have a minimum pitch of three to 12 (three inches of rise for every 12 inches of run), except that mansard and gambrel roofs must meet this requirement only for those surfaces that rise from the eaves. All roof surfaces exposed to view shall be covered with asphalt or fiberglass shingles, wood shakes or shingles, clay tiles, slate, standing seam metal or similar materials.

(8)

Roof overhang. Minimum roof overhang shall be 12 inches, including gutters.

(9)

Water and sewage. Each dwelling shall be connected to potable water supply and sanitary sewage disposal system approved by the city public utilities department or county environmental health department.

(ULDC 2005, § 9-10-2-6; Ord. No. 2011-02, § IV, 1-18-2011)

Each of the following uses is considered to be a customary accessory use to a dwelling and shall be situated on the same lot with the principal use to which it serves as an accessory. This list is not necessarily exhaustive of possible permitted accessory uses and structures on a residential lot.

(1)

Garage or carport for storing vehicles, subject to the requirements of this chapter.

(2)

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

(3)

Children's playhouse and play equipment.

(4)

Quarters for the keeping of pets owned by occupants for non-commercial purposes, provided that such use does not generate a nuisance to adjoining properties.

(5)

Private recreational facility, such as a swimming pool and bathhouse or cabana, and/or tennis court, subject to applicable requirements of this article.

(6)

Deck or patio, whether on water or over land.

(7)

Fences and walls, subject to the requirements of section 9-10-1-2.

(8)

Guesthouses, subject to the requirements of section 9-10-3-3.

(9)

Structures designed and used for purposes of shelter in the event of manmade or natural catastrophes.

(10)

Vehicle parking, subject to the requirements of section 9-10-3-7.

(11)

Personal horse stable, in R-I-A zoning districts only, subject to the requirements of section 9-10-3-8.

(ULDC 2005, § 9-10-3-1)

Customary residential accessory buildings are permitted in residential zoning districts, subject to permitted use provisions for the zoning district in which the property is located, and provided they meet the following requirements:

(1)

Location. Accessory uses, buildings, and structures shall be located in a rear yard or side yard, except for well houses which may be located in front yards.

(2)

Height. Accessory buildings shall not exceed two stories. Accessory buildings shall not exceed a height of 24 feet, or the height of the principal residential building, whichever is less.

(3)

Setback. Accessory buildings shall meet setbacks specified for the zoning district in which it is located, as specified in table 9-5-2 or 9-6-2, whichever is applicable. For setbacks applicable to fences and walls, see section 9-10-1-2.

(4)

Area. In no case shall the total area square footage of a single accessory building or structure exceed 50 percent of the square footage of the principal building/structure footprint to which it is accessory. Where more than one accessory building/structure is permitted and provided on a given lot, the total area of accessory buildings/structures shall not exceed the square footage of the principal building/structure footprint to which they are accessory.

(5)

Building materials. Any accessory building or structure exceeding 200 square feet should contain similar exterior materials as the primary structure. The following types of external building materials (siding and window and door frames) are prohibited for buildings over 200 square feet: highly reflective, shiny, or mirror-like materials; mill-finish (non-colored) aluminum metal windows or door frames; metal siding; exposed, unfinished walls; exposed plywood or particle board; and unplastered or exposed concrete masonry blocks.

(6)

Roof material and pitch. If metal roofs are used, they shall not reflect light any more than the siding material used on the same building. All new roof surfaces on buildings shall have a minimum pitch of three to 12.

(ULDC 2005, § 9-10-3-2; Ord. No. 2008-43, § V, 11-18-2008)

Guesthouses, where permitted, shall comply with the following:

(1)

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

(2)

Architecture and building codes. The guesthouse shall have an architectural design and exterior building materials that are compatible with the principal building (single-family dwelling). The guesthouse shall meet all building code requirements.

(3)

Lot area requirement. A guesthouse shall be permitted only on a lot having at least 20,000 square feet in area.

(4)

Location. The guesthouse must be placed to the rear of the main house (principal building) separated by a distance of at least 20 feet. No more than one guesthouse may be located on any lot.

(5)

Maximum floor area. The gross building floor area of the guesthouse may not exceed 50 percent of the floor area of the main house (principal building).

(6)

Use. Guesthouses shall not be rented or otherwise occupied separately from the main residence, except for non-paying guests or domestic employees residing on the premises and sharing meals in the principal dwelling.

(ULDC 2005, § 9-10-3-3)

In zoning districts where permitted, accessory apartments (detached or attached) shall meet the following requirements:

(1)

Number limited. Only one accessory apartment shall be permitted on a lot. An accessory apartment shall not be permitted on the same lot as a home occupation.

(2)

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

(3)

Minimum floor area. At least 300 square feet of heated floor area shall be provided per adult occupant. The heated floor area for an accessory apartment shall be at least 300 square feet and shall not exceed 900 square feet or the size of the principal dwelling, whichever is less.

(4)

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

(5)

Exterior finish. Accessory apartments, whether attached or detached, shall have exterior finishes or architectural treatments (e.g., brick, wood, stucco, etc.) of an appearance substantially similar to those on the principal dwelling.

(6)

Water and sewer. The county environmental health department must certify that the septic tank facilities meet applicable countywide health rules; or if served by public water and/or sanitary sewer, the city public utilities department must certify those utilities are adequate to serve both the principal dwelling and the accessory apartment.

(7)

Occupancy. Either the accessory apartment or the principal dwelling unit shall be owner-occupied.

(ULDC 2005, § 9-10-3-4)

Swimming pools accessory to single-family dwellings shall be located in rear or side yards. All swimming pools shall be located at least ten feet from all property lines. Swimming pools must be enclosed by a fence or wall at least four feet in height (or as otherwise specified in an adopted swimming pool code or building code) and maintained in good condition with a lockable gate.

(ULDC 2005, § 9-10-3-5; Ord. No. 2022-09, § V, 3-1-2022)

Yard sales, where permitted, shall not exceed 72 hours for each yard sale. A yard sale on a particular property shall not occur more frequently than four times annually. All merchandise must be the property of those holding the sale and not be purchased for the purpose of resale.

(ULDC 2005, § 9-10-3-6)

(a)

Location and number of vehicles limited. In single-family residential zoning districts, the parking of automobiles is permitted in garages, carports, or outdoors. Unenclosed parking shall not exceed four outdoor automobiles per single-family or two-family dwelling unit in any front yard of a lot. Parking shall be permitted only in designated hard surfaced areas with concrete or asphalt surfacing and shall not be permitted outside such surfaced areas (i.e., no parking in yards). Administrative relief may be given by the public works director to use alternative pervious materials due to environmental impacts.

(b)

Recreational vehicles. Parking or storage of such recreational equipment or vehicles shall not take place on any vacant residential lot. In residential zoning districts, recreational equipment such as boats, boat trailers, travel trailers, recreational vehicles, pick-up campers or coaches, motorized dwellings, motor coaches, tent trailers and other similar vehicles may be parked or stored only in side yards, rear yards, carports, or in an enclosed building. If stored regularly in a side or rear yard, the vehicle and vehicle storage area shall be screened from view from abutting properties. Recreational vehicles may be parked or stored anywhere on residential premises except within a required front yard for a period not to exceed 72 hours.

(c)

Commercial vehicles. Parking or storage of commercial vehicles shall not take place on any vacant residential lot. It shall be unlawful to park or store commercial vehicles (including, but not limited to, dump trucks and delivery trucks) or school buses in front yards of residential zoning districts. One commercial vehicle may be parked or stored in a side or rear yard of a lot in a residential zoning district, but if stored regularly in a side or rear yard, the vehicle and vehicle storage area shall be screened from view from abutting properties and parked on a hard-surfaced area. Administrative relief may be given by the public works director to use alternative pervious materials due to environmental impacts.

(ULDC 2005, § 9-10-3-7; Ord. No. 2009-47, § XVIII, 12-15-2009)

The keeping of livestock shall not be permitted in the city; provided, however, that in the R-I-A zoning district a personal horse stable may be permitted as a principal use, or an accessory use to a residence, provided that at least two acres of lot area is provided for each horse stabled on the property. No building or structure for shelter of horses shall be located within 200 feet of any property line.

(ULDC 2005, § 9-10-3-8)

Home occupations may be established in a portion of a dwelling as provided in permitted uses requirements for the zoning districts established by this Code. No more than one home occupation may be established in a single dwelling. In districts where permitted, the following regulations shall apply to home occupations. Failure to meet one or more of these regulations at any time shall be unlawful and grounds for immediate revocation of business registration.

(ULDC 2005, § 9-10-4-1)

The gross floor area of a dwelling unit devoted to a home occupation shall not exceed 1,000 square feet, or 30 percent of the gross floor area of the dwelling, whichever is less. An accessory building may be used for the home occupation, but in no case shall the total area within the accessory building devoted to such use be greater than 500 square feet. If part of the dwelling unit and an accessory building are devoted to a home occupation, no more than 1,000 square feet of combined gross floor area shall be used for such activity.

(ULDC 2005, § 9-10-4-2)

The exterior appearance of the dwelling and any accessory building used for such activity must remain that of a dwelling, or accessory use to a dwelling. No external alterations inconsistent with the residential use of the dwelling or accessory building are permitted.

(ULDC 2005, § 9-10-4-3)

Vehicles kept on-site in association with the home occupation shall be used by residents only. Only vehicles used primarily as passenger vehicles shall be permitted in connection with the conduct of the home occupation. Incoming vehicles related to the home occupation, if any, shall at all times be parked off-street within the confines of the residential driveway or other on-site permitted parking.

(ULDC 2005, § 9-10-4-4)

There shall be no nonresident persons on the premises in conjunction with the home occupation, except for family day care homes. Home occupations, including medical, professional or personal service uses involving visits by patrons shall require special use approval from the governing body and shall be limited to no more than two nonresident persons on the premises at the same time in conjunction with the home occupation whether they are students, clients, patients, or customers.

(ULDC 2005, § 9-10-4-5; Ord. No. 2009-47, § XIX, 12-15-2009)

The transporting of goods by truck in connection with a home occupation is prohibited. There shall be no goods, products or commodities received on the premises; provided, however, that this provision shall not prevent the non-routine delivery of packages by Federal Express, United Parcel Service, or other commercial carrier.

(ULDC 2005, § 9-10-4-6)

No home occupation shall generate traffic, sound, smell, vibration, light, or dust that is offensive or that creates a nuisance. There shall be no exterior lighting of the building or property that is not in character with a residential neighborhood. No equipment that interferes with radio and/or television reception shall be allowed. Home occupations must exclude the use of machinery or equipment that emits sound (e.g., saws, drills, musical instruments, etc.) that is detectable beyond the property. Chemical, electrical, or mechanical equipment that is not normally a part of domestic or household equipment and which is used primarily for commercial purposes shall not be permitted.

(ULDC 2005, § 9-10-4-7)

There shall be no signs permitted in conjunction with a home occupation, whether placed on the premises or on a vehicle parked on the premises. This section shall not be construed as limiting a property owner from erecting signs permitted on the lot pursuant to article 9-18.

(ULDC 2005, § 9-10-4-8)

Only occupants of the dwelling shall be authorized to work on the premises in connection with a home occupation. Any occupational licenses, including business registrations, required by state and/or city regulations must be obtained. Proof of state registration, if required for the home occupation, shall be submitted prior to the issuance of a business registration.

(ULDC 2005, § 9-10-4-9)

There shall be no display, and no stock-in-trade nor commodity sold on the premises, in connection with a home occupation, nor shall there be any activity associated with the home occupation visible outside the dwelling. There shall be no exchange of merchandise of any kind on the premises. Incidental storage of products which must be mailed/shipped to the customer/recipient is permitted within the physical limits of the home occupation as established in this chapter.

(ULDC 2005, § 9-10-4-10)

The following uses are specifically prohibited as home occupations: auto sales or auto repair; restaurants; animal hospitals, veterinary clinics, kennels, or the keeping of animals; funeral homes; retail or wholesale shops; machine shops; special event facilities; and lodging services.

(ULDC 2005, § 9-10-4-11)

All home occupations shall be subject to the community and economic development department director's approval. The applicant for a home occupation shall file for approval from the director on forms provided by the director. Information required by the director to approve a home occupation shall be as established in a home occupation application and may include, but shall not be limited to, the following:

(1)

Address and reference to recorded plat.

(2)

A site plan of the lot on which a home occupation is proposed, showing the location of the principal building, accessory building if proposed to be used in conjunction with the home occupation, and parking areas. The director may require the site plan to be based on a boundary survey or on an engineering scaled plat.

(3)

Written narrative which shall at minimum describe the home occupation use, hours of operation, and generally how the home occupation complies with this chapter.

(ULDC 2005, § 9-10-4-12)

The provisions of this chapter may be modified or varied pursuant to application by the property owner for a special use, according to procedures specified in chapter 9-22-2. The director may provide a recommendation whether or not to approve said modifications.

(ULDC 2005, § 9-10-4-13)

(a)

Setbacks and buffers. When located on a lot abutting a R-I-A, R-I, NC, or R-II zoning district, or abutting an existing residential use, churches and their customary accessory buildings shall be set back a minimum of 50 feet from any property line, and within the 50-foot setback, a minimum 25-foot-wide natural buffer shall be provided. See chapter 9-16-2 for zoning buffer specifications.

(b)

Accessory uses. Acceptable accessory uses include, but are not limited to, a residence for the housing of the pastor, priest, minister, rabbi, etc., school buildings and temporary classrooms, gymnasiums and other indoor recreational facilities, community meeting rooms, and unlighted outdoor recreational facilities. In commercial districts, a community food or housing shelter may be operated as an accessory use to a church.

(c)

Special uses in residential zoning districts. When located in a residential zoning district, no church shall be permitted to establish a day care center, house more than one household or family on-site, or provide lighted outdoor recreation facilities, without a special use permit approved by the governing body. (See chapter 9-22-2.)

(ULDC 2005, § 9-10-5-1)

(a)

Setbacks and buffers. When located on a lot abutting a R-I-A, R-I, NC, or R-II zoning district, or abutting an existing residential use, nonprofit clubs or lodges shall be set back a minimum of 50 feet from any property line, and within the 50-foot setback, a minimum 25-foot-wide natural buffer shall be provided. (See chapter 9-16-2 for zoning buffer specifications.)

(b)

Special uses in residential zoning districts. When located in a residential zoning district, no nonprofit club or lodge shall be permitted to establish lighted outdoor recreation facilities, without a special use permit approved by the governing body.

(ULDC 2005, § 9-10-5-2)

(a)

Accessory uses. The facility may have on-site as a part of its development the following accessory uses for use of residents and their guests only: full-service kitchen for meals, exercise facilities, swimming pools, tubs and spas, administrative offices, nursing stations, treatment rooms, emergency paging systems, indoor and outdoor recreational facilities, restrooms, hair salons, computer facilities, game and card rooms, chapel, movie theaters, wellness centers, billiard rooms, restaurant facilities, common areas, libraries, dining rooms, mail rooms, housekeeping and storage areas, laundry facilities, and gift shops.

(b)

Minimum floor area per unit. Independent living units shall contain a minimum of 650 square feet of area.

(c)

Maximum building coverage. Maximum building coverage shall be limited to 40 percent.

(d)

Minimum lot size. The minimum lot size for a development shall be five acres.

(e)

Setbacks and buffers. All principal and accessory buildings shall be set back a minimum of 50 feet from all side and rear property lines. There shall be a minimum 25-foot-wide buffer along side and rear property lines.

(f)

Occupancy. At least 80 percent of the units must be occupied by residents 62 years old or older, and the remaining units must be occupied by at least one resident 55 years old or older.

(ULDC 2005, § 9-10-5-3)

In districts where permitted, institutional residential living and care facilities shall meet the requirements of the state board of health and applicable rules of the state department of human resources. Proof of compliance with such requirements shall be required to be on file with the director prior to business registration approval.

(ULDC 2005, § 9-10-5-4)

(a)

Purpose and intent. This section is intended to address concerns about dormitory-style housing in existing single-family residential neighborhoods. It is adopted in response to concerns that when a large number of people rent rooms in one home, there are sometimes negative impacts such as overcrowding, unsanitary conditions, illicit activities, cars parked in the yard, frequent parties, and other disturbances and threats to public safety. This section is designed to help protect the character and stability of the city's neighborhoods while also respecting individual property rights.

(b)

Applicability. No person shall establish or operate a roominghouse or group home, or let a person occupy any rooming unit in any roominghouse or group home, except in compliance with the provisions of this section.

(c)

Business registration of existing roominghouses or group homes. No person shall operate a roominghouse or group home unless he holds a valid business registration issued in the name of the operator and for the specific dwelling. Property owners operating a roominghouse or group home shall register the roominghouse or group home as an existing business within 120 days from the effective date of the ordinance from which this section is derived. It shall be unlawful to continue to use or operate a roominghouse or group home in the city after 120 days from the effective date of the ordinance from which this section is derived, unless the roominghouse or group home has been registered with the city. The city shall compile and maintain a list of registered roominghouses and group homes.

(d)

Appointment of agent and agent responsibilities. As part of the registration process, property owners of existing and new roominghouses or group home shall appoint an agent, who lives in the county, as the person responsible for the property. The designated agent shall be available to be contacted 24 hours a day, seven days a week. The agent is the party designated to receive all notices from the city concerning the use of the property. The name and telephone number of the agent responsible for the roominghouse or group home will be provided by the city to any neighbors who contact the city with complaints about the roominghouse or group home. The designated agent for the property shall be responsible for responding expeditiously to any complaints received by the city and problems if they occur.

(e)

Registration application requirements. The application for registration shall include the agent of the property and the resident manager. The applicant for a registration required by this section shall file with the application the following:

(1)

A copy of the recorded plat for the property;

(2)

A site plan if no current as-built survey exists;

(3)

A floor plan of each floor of the building. Said floor plan shall be drawn to an acceptable architectural scale and shall show all stairs, halls, the location and size of all windows, the location and size of habitable rooms and the exits of each floor to be occupied. The intended use of every room in the building must be indicated on the floor plans submitted; and

(4)

A written statement indicating the number of persons proposed to be accommodated or allowed on each floor, and services to be provided, if any.

(f)

Resident management and occupancy registry. A resident manager shall reside on the licensed premises. A telephone shall be located in the resident manager's living quarters. The manager of every roominghouse or group home shall keep in the office, or other place therein, a register in which shall be entered the name and residence of every person who becomes a lodger, boarder or guest therein. Such register shall also show the number or location of the room or bed occupied by such person, the date of his arrival, and the period for which he will stay. The register shall also be accessible, without charge, to the director, any police officer, or other duly authorized agent of the city. An up-to-date floor plan and current list of occupants shall be maintained by the resident manager and posted in a conspicuous location.

(g)

Occupancy limitations. No basement, attic, or accessory building shall be used for roominghouse or group home purposes. No registration required by this section shall be issued to any person proposing to use a basement, attic, or accessory building or any part thereof as habitable rooms for roominghouse or group home purposes.

(h)

Air space. No room in any roominghouse or group home shall be occupied as a sleeping room by any person unless there are at least 600 cubic feet of air space, exclusive of wardrobe and closet space, for each and every person occupying any such room. All sleeping quarters shall be served by working heating and cooling facilities and a bed with a mattress for each registered occupant.

(i)

Minimum basic facilities. At least one flush water closet, lavatory basin, and bathtub or shower, connected to a water and sewerage system and in good working condition, shall be supplied for each eight persons, or fraction thereof, residing within a roominghouse or group home. All such facilities shall be so located within the dwelling as to be accessible from a common hall or passageway to all persons sharing such facilities. Every lavatory basin and bathtub or shower shall be supplied with hot and cold water at all times.

(j)

Food preparation and meals. Any roominghouse or group home where food is served shall comply with all requirements of the county environmental health department.

(k)

Responsibility for maintenance. The property owner, property agent, and resident manager of each roominghouse or group home shall be individually responsible for the maintenance of safe and sanitary conditions in every part of the roominghouse or group home.

(ULDC 2005, § 9-10-5-5; Ord. No. 2009-47, § XX, 12-15-2009)

A residence for a night watchman, accessory to a business or industrial operation, may be established in a single-family, detached dwelling or as a unit located within a commercial or industrial building. The community and economic development department director may approve one residence or dwelling with a minimum gross floor area of 600 square feet, within a principal building or in an accessory housing unit, on the site of a commercial or industrial establishment as an accessory use, provided that the applicant supplies evidence to the director of need for full-time security or 24-hour on-site management.

(ULDC 2005, § 9-10-7-1)

When a drive-through operation is located adjacent to a residential zoning district or existing residential use and it involves an exterior loudspeaker, volumes must be monitored and controlled so as to minimize audible sound from the loudspeaker at the property line. Prior to operation, or to mitigate unwanted noise after commencement of a drive-through operation, the director may require noise attenuation to be installed on the site with the exterior loudspeaker, if volumes cannot be reduced below those audible at the property line, or if buffers (see chapter 9-16-2) are inadequate to mitigate noise from the exterior loudspeaker.

(ULDC 2005, § 9-10-7-2)

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

(ULDC 2005, § 9-10-7-3)

If approved as an accessory use to a retail use permitted by right, a manufacturing or fabrication activity must occupy no more than 1,000 square feet of floor area, and all products made on the premises must be sold on the premises as a retail activity.

(ULDC 2005, § 9-10-7-4)

Except for open-air business establishments, outdoor storage, where permitted, shall be screened from view by an opaque fence or freestanding wall no less than eight feet in height and shall also meet the requirements of section 9-10-1-2(c). The outside storage of products in conjunction with an enclosed retail trade establishment shall be limited to a maximum of ten percent of the lot.

(ULDC 2005, § 9-10-7-5)

Except for open-air business establishments, outdoor display areas, where permitted, shall confined to a specific designated area which must not be within designated parking areas. In conjunction with an enclosed retail trade establishment, outdoor display shall be limited to a maximum of ten percent of the lot. Any area outside of a building where merchandise or goods are located but which is permanently screened by a fence or freestanding wall at least six feet in height shall be considered storage and not outdoor display area (see also chapter 9-16-2).

(ULDC 2005, § 9-10-7-6)

It is the intent of this section to permit small-scale, accessory retail uses in office complexes and other uses with gross floor areas of 10,000 square feet or more, including, without limitation, barber shops, beauty shops, dry cleaning, drug stores, bookstores, florists, gift shops, convenience food stores, newsstands, and cafeterias, sandwich shops, and restaurants, subject to the requirements of this section. Retail sales and services accessory to the operation of an office complex, institutional use, or lodging facility with 10,000 or more gross square feet of floor area are permitted where otherwise not listed as a permitted use, subject to the requirements of this section:

(1)

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

(2)

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

(ULDC 2005, § 9-10-7-7)

(a)

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

(1)

To provide for the location of communication towers and communication antennas; and to protect residential areas and land uses from potential adverse impacts of communication towers, poles, and antennas by restricting them in accordance with the restrictions of this chapter.

(2)

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

(3)

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

(4)

To promote and encourage shared use/co-location of existing and new communication towers (i.e., the use of multiple antennas operated by different providers on a single tower) as a primary option rather than construction of additional single-use towers or poles.

(5)

To promote and encourage placement of antennas on existing towers, where such siting options exist, and on buildings, where such siting options exist.

(6)

To consider public health, safety, and welfare in the siting of new towers, and to avoid potential damage to adjacent properties from tower or pole failure through engineering and careful siting of tower structures.

(b)

It is also the intent of this chapter to limit the siting of telecommunications facilities and towers where they will have the least adverse impact on the community and still comply with the requirements of the Telecommunications Act of 1996 (Public Law No. 104-104, 47 USC 332(c)(7)). These intentions are accomplished with restriction of locations and by enacting controls on height, setbacks, screening, color, and materials in order to minimize visibility and promote public safety and welfare. The regulations in this chapter are reasonably related to the valid public purposes described in this section.

(c)

It is not the intent of the governing body to discriminate among providers of functionally equivalent services or to prohibit or have the effect of prohibiting the provision of wireless services in the city. It is also the intent of the city that applications to place, construct, or modify personal wireless service facilities will be acted upon within a reasonable period of time.

(ULDC 2005, § 9-10-9-1)

All new communication towers, poles, and communication antennas shall be subject to this chapter, except that this chapter shall not govern the following:

(1)

Any tower, or the installation of any antenna, that is 70 feet or less in height and is owned and operated by a federally-licensed amateur radio station operator or ham radio operator from the operator's residence.

(2)

Antennas or towers located on property owned, leased, or otherwise controlled by the city, the county, or the county school board, provided that a license or lease authorizing such antenna or tower has been approved by the government or agency with jurisdiction.

(3)

Monopole towers 100 feet or less in height located within electrical substations and antennas attached to existing transmission towers.

(ULDC 2005, § 9-10-9-2)

(a)

Structural design. New communication towers or poles and antennas, and modifications to existing structures, including, without limitation, the addition of height, antennas or providers, shall be constructed in accordance with applicable federal, state and local regulations.

(b)

Placement restrictions. Towers occupying a lot as a principal use shall at minimum meet the minimum lot size and setback requirements for the zoning district in which the lot is located. Towers shall be a minimum of 300 feet from any residential zoning district and a minimum of 500 feet from any single-family residence. The tower shall also be set back from property lines a distance equal to or greater than the tower height. All towers shall be located at least one-third of their height in feet from any public right-of-way. All accessory structures will meet the normal setbacks for the districts in which they are located. When the tower is on property leased, the setbacks shall apply to the lot of record, not the lease boundaries.

(c)

Screening. The visual impacts of a communication tower at the ground level shall be mitigated by landscaping. All towers and accessory structures shall be surrounded on the ground by a minimum ten-foot-wide landscape strip or buffer that forms a hardy screen dense enough to interrupt vision and shield the base and accessory structures from public view and view from the surrounding properties. The buffer shall consist of evergreens that will reach a minimum height of at least eight feet within three years.

(d)

Fencing. A black, vinyl-coated, chainlink fence or wall not less than six feet in height from finished grade shall be provided around each communication tower or pole. Access to the tower or pole shall be through a locked gate. The tower or pole shall be equipped with an appropriate anti-climbing device unless the community and economic development department director waives this requirement for alternative tower structures.

(e)

Height. Through approval of a special use application, when one is required, the height of the tower may exceed the maximum height limit of the zoning district in which it is located, up to a height of 200 feet, subject to the limitations of this subsection. If a special use application is not required for erection of the tower, and the tower is to be placed in an L-I or H-I zoning district in a manner that exceeds the maximum height for said zoning district, then the applicant may exceed the height limitation of the applicable zoning district only through a zoning variance process. Towers shall be the minimum height necessary to provide parity with existing similar tower-supported antenna. No tower, pole, or antenna, whether freestanding or attached to a building or structure, shall exceed 200 feet in height from ground level unless a zoning variance is obtained. To prevail in any variance application to exceed established maximum height limitations of this subsection or the zoning district in which it is located, the applicant must successfully demonstrate why the prescribed maximum height is insufficient to provide adequate service, or that a taller tower will be in the community's interest by avoiding the construction of one or more additional towers at a new location.

(f)

Illumination. Communication towers, poles, or antennas shall not be lighted except to ensure human safety or as required by the FAA, Federal Communications Commission, or other federal agency with jurisdiction. Lighting shall be restricted to dual lighting, medium intensity white strobe lights (daylight mode), and red obstruction lights (nighttime mode), unless the FAA or state aeronautics division requires another type of lighting.

(g)

Color and material. Towers clustered at the same site shall be of similar height and design. Communication towers not required to be painted or marked by the FAA shall have either galvanized steel finish or be painted a non-contrasting color approved by the governing body to minimize the equipment's visibility. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical or closely compatible with the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

(h)

Signs and advertising. No advertising is permitted on a tower or antenna. However, towers shall have mounted in a conspicuous place a sign of not more than one square foot in area, identifying the facility's owner and providing a means of contact in the event of an emergency.

(i)

Co-location. Proposed communication antennas may and are encouraged to co-locate onto existing communication towers. New or additional special use approval is not required for the addition of an antenna to an existing approved tower or pole. All towers over 100 feet in height shall have structural capacity and ground or interior space to accommodate multiple users. Towers up to 160 feet shall accommodate at least three users, and towers over 160 feet shall accommodate at least five users.

(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.

(ULDC 2005, § 9-10-9-3)

Each application shall include the following, which are in addition to the information required for special use applications generally, if required:

(1)

A recorded plat or boundary survey.

(2)

A site plan, based on with topographical information.

(3)

An elevation view, perspective drawing, or simulated photograph of how the proposed telecommunication tower will look from public rights-of-way and surrounding residential streets from which it will be visible once constructed.

(4)

Supporting engineering calculations and information which provide evidence of need and document radio frequency range, coverage area, and tower height requirements. The application must specifically address whether there is a technically suitable space available on an existing tower or other location within the search area (i.e., the grid for the placement of the antenna), and such information shall specifically include the location of all existing towers within a one-mile radius of the site proposed.

(ULDC 2005, § 9-10-9-4)

Decisions on applications for wireless service facilities shall be made within a reasonable period of time, which shall mean generally that such decisions shall be processed in roughly the same amount of time required for other special use applications; provided, however, that the planning and appeals board and governing body shall each table an application for special use for a wireless service facility no more than once before making a recommendation and decision, respectively, unless the applicant does not object to additional continuances. Applications that do not require a special use permit shall be acted upon by the director within 30 days of the date the application is considered by the director to be complete.

(ULDC 2005, § 9-10-9-5)

(a)

In addition to the criteria for determining whether to approve or deny special uses, as specified in chapter 9-22-2, when an application for wireless telecommunication facilities or equipment is considered, the planning and appeals board and the governing body (if special use application is required), or the director in the case no special use is required, shall consider the following, without limitation:

(1)

Impacts on surrounding properties with regard to aesthetics and fit with the context of its surroundings, considering the location, height, type of facility, color and materials proposed.

(2)

Whether impacts on surrounding properties on aesthetics can be mitigated by a monopole tower, or by a camouflaged tower (e.g., disguised as a pine tree), or by using stealth technology (i.e., making the tower resemble common features such as church steeples, bell towers, clock towers, grain silos, gateway elements, and monuments), or by requiring greater setback from impacted properties.

(3)

Whether the tower or wireless facility would pose an unreasonable risk to adjoining properties, including consideration of a fall area where ice or other debris may fall off the tower without harm.

(4)

The appropriateness of the location of existing towers, poles, and buildings, including electric transmission towers, that might serve as alternative locations to construction of a new tower or pole or placement on a building in a new location. It is the intent that new antennas, where possible, shall be co-located on existing towers and poles, placed on existing buildings, or be within a concealed support structure (e.g., camouflaged as an artificial pine tree, church steeple, clock tower, grain silo, flagpole, etc.), prior to authorizing the installation of a new non-camouflaged pole or tower. The failure to consider or unwillingness to accept viable options as described in this subsection may be grounds for denial of a special use application for a new tower or pole.

(5)

Whether the application demonstrates compliance with the regulations established in this chapter.

(6)

Whether the tower would be engineered and constructed to accommodate additional communication service providers (i.e., whether the application provides for co-location as required by this chapter).

(7)

Whether a denial of the application would have the effect of prohibiting wireless services in the jurisdiction or area or would unduly restrict competition among wireless providers.

(b)

In addition, the governing body or community and economic development department director shall make a decision on the application based on substantial evidence to allow a reviewing court to understand the reasoning behind the decision and whether that reason comports with the evidence presented. To this end, for each application for wireless service facilities, the governing body or director, whichever has jurisdiction, shall rely on findings of fact in making a decision on said application. Such findings may be part of the recommendation and report of the director, the recommendation of the planning and appeals board, the application and supporting materials submitted by the applicant, testimony from interested individuals, professionals, and the applicant, and any additional findings of fact the governing body may itself determine. Generalized community concerns, unaccompanied by supporting documentation, do not constitute substantial evidence under section 704 of the Telecommunication Act of 1996 or this chapter.

(ULDC 2005, § 9-10-9-6)

No person shall construct or use or authorize the construction or use of an aircraft landing area (including private use heliport) on any property owned, leased, or controlled by such person, unless and until the following requirements are met:

(1)

No person shall use or authorize the use of an aircraft landing area on any property owned, leased, or controlled by such person until such person has obtained liability insurance coverage on the operation and use of such area. Such coverage shall be obtained from an insurer authorized or licensed to transact insurance business in the state and shall provide a minimum liability coverage of at least $500,000.00 per claim.

(2)

The proposed aircraft landing area shall be of sufficient size to meet the FAA requirements for the class of airport or aircraft landing proposed, and it must be approved by the FAA or other agency of the federal government with jurisdiction. There shall be sufficient distance between the end of each landing strip and the property boundary to satisfy the requirements of the FAA.

(3)

There shall be no existing or proposed flight obstructions such as towers, chimneys or natural obstructions outside the proposed aircraft landing area which would be in the approach zone to any of the proposed runways, landing strips, or landing areas. In cases where air rights or easements have been acquired from the owners of abutting properties to protect approach zones, satisfactory evidence thereof shall be submitted with the application.

(4)

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

(5)

An environmental impact report shall be submitted, addressing whether the facility is consistent with the comprehensive plan; whether the use will have an adverse impact on the surrounding area; and whether the noise level will impact the surrounding area. Additionally, the applicant shall submit a plan with any mitigation techniques that may be required. The community and economic development department director shall review the environmental impact report, evaluate proposed mitigating techniques, and determine the sufficiency thereof, require any additional information relevant to the application, and make a recommendation to the governing body regarding approval or denial of the special use application.

(6)

In approving an aircraft landing area, the governing body may provide that the approval is conditioned on measures or restrictions designed to mitigate any negative impacts of the use. The proposed location of an aircraft landing area within 600 feet of a residential zoning district or existing residential use may form the basis for denial of the application.

(ULDC 2005, § 9-10-10-1)

(a)

Access. Access from a paved collector or arterial street shall be required. Access shall not be allowed through any residential subdivision or residential development.

(b)

Screening and buffers. The entire landfill shall be screened from view from all property lines (see also chapter 9-16-2). To accomplish this, a minimum 100-foot-wide undisturbed buffer is required adjacent to all property lines. Areas within the 100-foot undisturbed buffer that do not provide an opaque screen throughout the year shall be planted with additional vegetation.

(c)

Fencing. A minimum six-foot-high solid fence/wall shall be required inside buffers adjacent to any property line containing a residential use or abutting any residential zoning district.

(d)

State permit. The owner shall provide the community and economic development department director with a current copy of a state solid waste handling permit, or pending application thereof, prior to applying for a land disturbance permit.

(e)

Covering of loads. Vehicles shall be allowed into a landfill site only if waste is covered, to prevent blowing of material from the vehicle.

(ULDC 2005, § 9-10-10-2)

(a)

Application requirements. In addition to the requirements for special use applications as specified in chapter 9-22-2, all applicants for mining or quarrying shall submit to the community and economic development department director the following information for review by the planning and appeals board and the governing body:

(1)

A copy of the recorded plat for the subject property.

(2)

The site plan required by this Code, which must show areas proposed for the handling and storage of overburden, by-products, and/or excavated materials, including the estimated type and volume of extraction.

(3)

An operations plan, which shall include: the date of commencement of operation and its expected duration; proposed hours of operation, which shall not be permitted to include the hours of 7:00 p.m. to 7:00 a.m., nor shall operations be allowed on Sundays and national holidays.

(4)

A copy of all documents submitted or prepared for submission to the state department of natural resources for the purpose of obtaining a state mining permit.

(5)

A statement from the state department of transportation which shall identify any state-maintained road within or adjacent to the subject property, and which shall identify any repaving, repairs, alterations, turning lanes, or other additions necessary to accommodate the potential increase in traffic volume or weight occasioned by the proposed operations.

(6)

A statement from the director of public works or other qualified professional which identifies all city roads within or adjacent to the property and which shall identify any repaving, repairs, alterations, turning lanes, or other additions necessary to accommodate the potential increase in traffic volume or weight occasioned by the proposed operations.

(7)

A statement as to the intended use or production of explosives or other hazardous materials and the methods and procedures proposed for the handling, use, storage, and disposal of such materials.

(8)

A reclamation and rehabilitation plan, which shall include a detailed procedure for the rehabilitation of excavated land, the future use of the land, the type of ground cover, fill, and landscaping, methods for disposing of all equipment and structures, and an estimate of the timing of phases of rehabilitation, including estimated time of completion.

(b)

Additional regulations. Any facility engaged in the extraction of earth products, such as sand, soil, gravel, rock, stone, clay, or other mining operations, etc., shall comply with the following:

(1)

Permanent roads, defined as those to be used in excess of one year, within the excavation site shall be surfaced with a dust-free material.

(2)

Roads other than permanent roads shall be treated with dust inhibitors which will reduce the generation of dust from the road surfaces as a result of wind or vehicular action.

(3)

The proposed extraction shall not take place within 100 feet of a property line.

(4)

Product piles, spoil piles, and other accumulations of by-products shall not be created to a height more than 35 feet above the original contour.

(5)

All blasting operations shall occur between 8:00 a.m. to 7:00 p.m.

(ULDC 2005, § 9-10-10-3)

Such use must be enclosed within opaque fence at least six feet high, and shall be surrounded by a ten-foot-wide landscape strip that provides an opaque screen to a height of six feet around the substation, penetrated only by required vehicular access (see also chapter 9-16-2). No storage of vehicles or portable equipment will be allowed.

(ULDC 2005, § 9-10-10-4)