5.01.01   Generally

A.

A home occupation is permissible in a lawfully established dwelling unit in any zoning district where residential uses are permissible. All home occupations shall meet the standards set forth in Section 5.01.02.

B.

The following and similar uses shall be considered home occupations:

1.

Office for professionals, such as attorneys, drafters, realtors, insurance agents, engineers, architects, and other consultants;

2.

Instruction or teaching, such as, but not limited to, academic tutoring, performing arts, fine arts, or culinary arts provided that no more than two (2) students are instructed at any one time;

3.

Administrative or clerical support services, such as transcription, court reporters, stenographers, notary public, or addressing services;

4.

Personal services, such as beauty or barber shop, nail technician, dress-making or tailoring, provided that the service is limited to one (1) station;

5.

Pet grooming;

6.

Day care for six (6) or fewer children;

7.

Licensed medical practitioner (excluding veterinarians);

8.

Manufacturers' representative; and

9.

Studios for artists, photographers, or artisans.

C.

An interpretation that a use not listed in Section 5.01.01(B) is similar shall be based on the tasks and activities normally associated with the proposed use and the similarity of those tasks and activities with the tasks and activities normally associated with a listed use.

5.01.02   Standards for All Home Occupations

A.

All home occupations shall have a business license from Gordon County.

B.

Employees of the home occupation shall be limited to the residents of the dwelling.

C.

The home occupation shall be clearly incidental to the residential use of the dwelling.

D.

The use of the dwelling for a home occupation shall not change the residential character of the building.

E.

No internal or external alterations which are inconsistent with the residential use or character of the dwelling shall be permitted.

F.

Products for sale or use in the home occupation shall not be visible from the street or adjacent properties.

G.

Use of a dwelling for a home occupation shall not exceed thirty (30) percent of one (1) floor of the dwelling.

H.

The home occupation shall not constitute a nuisance to the surrounding neighborhood, as evidenced by the use of machinery or equipment that produces noise, smoke, odor, vibration, or electrical interference, the instruction or teaching of performing arts such as voice or music, or any other objectionable condition beyond the property line of the lot on which the home occupation is located.

I.

Outside storage of materials used in connection with a home occupation is prohibited.

J.

A home occupation shall not be conducted in an accessory building; however, storage of materials is permissible.

K.

Up to two (2) commercial vehicles may be used in connection with the home occupation, provided that such vehicles are parked only in the rear yard on a paved surface.

L.

No business involving on-site visits by customers shall be conducted between the hours of 8:00 p.m. and 7:00 a.m.

5.02.01   Generally

A.

It is the intent of this section to regulate the installation, configuration, and use of accessory structures on property in residential zoning districts with the exception of provisions for property in non-residential zoning districts that are identified herein. Regulation is necessary in order to ensure that accessory structures are compatible with the surrounding neighborhood and are consistent with the character and intent of the zoning district in which the accessory structures are located.

B.

Permissible accessory uses and structures are identified in Table 2.03.04.

C.

Accessory structures shall be on the same lot and subordinate to the principal use or structure.

D.

Outdoor play structures in commercial districts, commonly associated with fast-food eating establishments, shall be located in a side or rear yard only and shall comply with the required yard setbacks of the district.

E.

Accessory use of open land shall comply with the following standards:

1.

The accessory use of open land shall include recreation, water access, and similar activities, whether or not such activities are provided for compensation.

2.

The accessory use of open land shall be prohibited except where a principal structure has been located on the parcel.

F.

Standards for specific accessory structures are set forth in Sections 5.02.02 through 5.02.07. All accessory structures shall comply with the standards set forth below:

1.

Unless otherwise provided, accessory structures shall be located only in a rear yard of the lot on which the principal building is located;

2.

Accessory structures shall not be located on or within any recorded or required easement;

3.

Accessory structures shall be included in all calculations for impervious surface ratio standards and for stormwater management standards;

4.

Accessory structures, other than fences located in compliance with the requirements of Section 5.02.03, shall not be located within any required buffer or landscaping area, parking lot, protected resource area, or stormwater management area;

5.

Accessory structures located in any residential zoning district shall not be used for any type of commercial operation, except as provided in Section 5.01.02;

6.

Accessory structures shall not be used as a dwelling unit, except as provided in Section 5.02.02 which sets forth standards for accessory dwellings; and

7.

Accessory structures shall comply with the following setbacks:

a.

In all residential zoning districts accessory structures shall be a minimum of ten (10) feet from all property lines which do not abut a street right-of-way and shall observe the front yard setback requirements of the district along all property lines which do abut a street right-of-way, with the exception that a detached garage or carport may be allowed in a side yard and shall be required to comply with the principal building setback requirements of the district;

b.

In all non-residential zoning districts, accessory structures shall meet the setback requirements for a principal building.

8.

Pre-engineered or pre-assembled metal accessory structures shall be: no larger than six hundred (600) square feet in area on less than two (2) acres; no larger than two thousand (2,000) square feet in area on two (2) to five (5) acres; and, on more than five (5) acres, the metal accessory structure may have an additional one thousand (1,000) square feet in area per additional five (5) acres.

G.

An accessory building may be permitted on a separately platted lot provided that the following standards are met:

1.

The lot on which the accessory building is proposed shall abut the lot on which the principal building is located;

2.

The lot on which the accessory building is proposed and the lot on which the principal building is located shall have the same ownership;

3.

The lot on which the accessory building is located shall comply with the standards for lots within the zoning district as set forth in Section 4.01.01;

4.

The accessory building shall be located in compliance with the setback standards for the zoning district, as set forth in Section 4.01.02; and

5.

The accessory building shall otherwise comply with all standards set forth in Section 5.02.01.

(Res. of 12-20-11; Ord. of 7-9-19(1))

5.02.02   Accessory Dwellings (Guest Houses, Caretaker Houses)

A.

Accessory dwellings include, but are not limited to, basement apartments, garage apartments, caretaker or other employee quarters, guesthouses, and other accessory dwellings.

B.

Accessory dwellings shall not include tents, boats, manufactured storage buildings and mobile structures including RV's and travel trailers, with the exception that RV's and travel trailers may be allowed for occupancy in a campground or travel trailer park as permitted in this ULDC.

C.

Accessory dwellings contained within a principal dwelling shall comply with the following standards:

1.

There shall be no more than one (1) accessory dwelling in a principal dwelling unit;

2.

The accessory dwelling shall be accessible from the interior of the principal dwelling;

3.

The accessory dwelling shall have no more than one (1) bedroom;

4.

The accessory dwelling shall not exceed fifty (50) percent of the habitable floor area of the principal dwelling or one thousand two hundred (1,200) square feet, whichever is less;

5.

One (1) additional off-street parking space shall be provided to serve the accessory dwelling; and

6.

The accessory dwelling shall comply with all building and health code standards.

E.

Freestanding accessory dwellings shall comply with the following standards:

1.

There shall be no more than one (1) accessory dwelling unit per lot on any residentially zoned property;

2.

There shall be no more than one (1) accessory dwelling unit per lot on any industrially zoned property, where permitted by this ULDC;

3.

There shall be no more than five (5) accessory dwelling units per lot on any agriculturally zoned property, where permitted by this ULDC;

4.

The accessory dwelling unit may be located in a second floor over a detached garage or may be a separate structure;

5.

The accessory dwelling unit on any residentially zoned property shall have no more than two (2) bedrooms;

6.

The accessory dwelling shall be located only within the rear yard;

7.

The lot shall comply with the minimum lot standards set forth in Table 4.01.01(N);

8.

One (1) additional off-street parking space shall be provided to serve the accessory dwelling unit; and

9.

The accessory dwelling shall only be occupied by family members, guests, or individuals employed full-time by the family residing in the principal building for the purposes of elderly or child care, housekeeping services, or for the agricultural production of the property.

(Res. of 12-20-11)

5.02.03   Fences and Walls

A.

Location of fences and walls

1.

Fences and walls may be located on or inside property lines;

2.

Setback requirements applicable to buildings shall not prohibit or restrict any necessary retaining wall, below ground foundation, or fence which shall be necessary for the proper development of a site as required by the County;

3.

Fences and walls shall be located to avoid interference with the required clear visibility area designated in Section 6.01.09; and

4.

Fences and walls shall not obstruct, hinder, or impede the movement of pedestrian and vehicular traffic, and shall not present a nuisance, danger, or hazard to the general public.

B.

Types of fences

Table 5.02.03(B)
Types of Fences

C.

Electrical fencing shall meet the following standards:

1.

Electrical fencing shall be permissible only in rural zoning districts, on residential lots that are not within a platted subdivision, in commercial, office, institutional zoning districts and industrial zoning districts;

2.

Electrical fencing shall be limited to side and rear yards.

D.

Height standards

1.

Heights of fences shall be measured from ground level at the base of the fence to the topmost part of the fence.

2.

The maximum height of a fence in a side or rear yard in all residential zoning districts is six (6) feet and in all nonresidential zoning districts is eight (8) feet.

3.

The maximum height of a fence in a front yard in all zoning districts is five (5) feet with the exception that C-H, I-1, or I-2 zoning districts shall be allowed a height of eight (8) feet.

4.

The maximum height of entrance gates and support columns in a front yard in all zoning districts is eight (8) feet.

5.02.04   Outside Storage

A.

Outside storage shall be allowed in A-1, C-G, C-H, I-1, or I-2 zoning districts only. Outside storage in C-G, C-H, I-1, or I-2 must be located in a side or rear yard and screened from all rights-of-way and residential districts that abut a permitted outside storage area. Such storage shall be screened by a fence, hedge, durable masonry wall, or stand of trees of sufficient opacity to provide a visual blind designed to be compatible with the character of adjoining properties. Said fence or wall shall be a minimum of five (5) feet and a maximum of eight (8) feet in height. Hedges, trees, or comparable natural plantings shall be of a rapid growth evergreen species and be a minimum height of three (3) feet at time of planting (with the exception that specific provisions for outdoor storage associated with uses subject to supplemental standards are set forth in Section 4.03.00).

B.

Stored materials shall not exceed the height of the fence enclosing the outside storage area.

C.

Materials shall not be stored within any required buffer area, stormwater management area, or easement.

D.

No vehicle, trailer or manufactured home shall be used as storage buildings. This requirement shall apply to all vehicles and trailers, including commercial vehicles, recreational vehicles, panel vans, tractor trailer rigs, and railroad box cars, with the exception that tractor trailer rigs and trailers may be used for temporary storage on properties zoned A-1, C-H, I-1 or I-2 where there are businesses operating on the same property.

5.02.05   Dumpsters

A.

Dumpsters shall be screened with a solid masonry wall or opaque fence. The fence shall be a minimum of six (6) feet and a maximum of eight (8) feet in height.

B.

A gate shall be provided for access.

C.

Dumpsters shall be located on a paved surface of sufficient size to accommodate the dumpster.

D.

Dumpsters for food service establishments shall provide a drain.

E.

Dumpsters for food service establishments shall provide a grease trap.

F.

The dumpster location shall be easily accessible for pick-up.

G.

Dumpsters shall be located to the rear of the principal building. A location in the side of the principal building shall be permissible only where rear yard locations cannot provide adequate access for pick-up.

H.

Dumpsters shall not be located within any required buffer area, required landscaped area, required parking lot landscaping, or stormwater management area.

I.

Section 5.02.05(A) through Section 5.02.05(G) applies to each zoning district, with the exception of the A-1 zoning district.

5.02.06   Alternative Energy Generation Devices

A.

Alternative energy generation devices shall be allowed in A-1, RA-1, R-1, R-2, R-3, O-1, C-C, C-G, C-H, I-1, and I-2 zoning districts only. Alternative energy devices include wind turbines, solar panels, awnings, shutters and other shade structures marketed for the purpose of reducing energy consumption, and retractable clotheslines.

B.

Alternative energy generation devices, excluding solar panels, must be located in the rear yard of the lot on which the principal building is located. Devices affixed to a dwelling or building shall not be visible from the public right-of-way.

C.

Wind turbines shall be set back at least a distance equal to the height of the tower on which the turbine is mounted plus fifteen (15) feet from any dwelling, zoning district line or public property.

D.

Alternative energy generation devices and maintenance/operation structures (including guy wires) shall comply with the setbacks as required by the zoning district in which the device is to be located.

E.

The height applications applicable to buildings in zoning districts in which a tower is located shall not apply to wind turbines.

5.03.01   Temporary Structures and Uses During Construction

A temporary building or use in connection with a construction project shall be permitted during the construction period. The following standards shall be met by temporary uses established during construction:

A.

A building permit shall be required.

B.

Temporary offices may be located on a construction site to be used for administrative functions during construction, sales functions or sales offices allowing for the sale, resale, or marketing of dwellings, structures, or property within the development in which it is located, or adjacent developments under the same control.

C.

The proposed construction building shall meet tie-down requirements for mobile structures, and have a contract for sewage pump-out if approved by the Department of Natural Resources, Environmental Protection Division. Construction buildings, equipment, machinery, and materials shall be removed within thirty (30) days of completion of the construction site for which they are permitted.

D.

On-site outdoor storage of equipment and construction materials shall be allowed during the period of construction.

E.

Portable toilet facilities shall be provided.

F.

Construction and demolition debris dumpsters are allowable and are not required to be screened.

G.

On-site temporary use of structures and equipment for the building of roads, public utilities, and government projects shall be allowed.

5.03.02   Special Events and Seasonal Sales

A.

Special events include carnivals, fairs, festivals, seasonal sales, tent meetings, livestock competitions, dog shows, or other periodic events of a temporary nature. Such events are typically outdoors.

B.

Special events shall be limited to the A-1, C-C, C-G, C-H, MU, I-1 or I-2 zoning districts.

C.

The following standards apply to all special event activities excluding seasonal sales:

1.

A permit is required according to the procedures set forth in Chapter 10, except that special events conducted by a church or school shall not be required to obtain a permit, but shall be required to comply with the standards of this section;

2.

The applicant shall ensure the provision of adequate sanitation facilities, sewage disposal, garbage, and refuse disposal during the special event;

3.

The area devoted to the special event shall not be located on any required setbacks, buffers, rights-of-way, or required fire lanes;

4.

The special event site shall have adequate outdoor lighting in the special event area and designated parking areas if any activities are to be offered during darkness. Such lighting shall be shielded and directed so as to avoid direct illumination of adjacent properties as measured at the property line;

5.

The special event activity shall provide for adequate parking facilities. Parking may be on-site or off-site. Where off-site parking is provided, there shall be adequate plans for transporting or directing patrons from the off-site parking facilities to the special event area;

6.

The applicant shall provide adequate traffic control and security in and around the special event area during hours of operation; and

7.

All stages, booths, tents, scaffoldings, or structures of any nature on, under, or within which persons may congregate, shall conform to applicable building, health, and other construction codes.

D.

The following standards apply to seasonal sales:

1.

A temporary use permit is required according to the procedures set forth in Chapter 10;

2.

The area devoted to seasonal sales shall not be located on any required setbacks, buffers, rights-of-way, or required fire lanes;

3.

Parking spaces shall be provided to support the seasonal sales activity;

4.

The applicant shall ensure the provision of adequate garbage and refuse disposal; and

5.

The applicant shall demonstrate conformance with all applicable building, health, and other federal, State, or local laws.

5.03.03   Mobile Food Services

Applicability:

A.

Mobile food services are permissible on vacant lots or on lots containing a business in the Commercial and Industrial zoning districts in accordance with the standards of this section.

B.

A temporary use permit is required according to the procedures set forth in Chapter 10.

C.

The applicant shall have written permission of the property owner to conduct food services.

D.

The applicant shall possess a valid occupational license and a valid food service permit from the Board of Health.

E.

Mobile food services shall not be located within:

1.

The public right-of-way;

2.

Any required setback area or buffer area;

3.

Any required parking space;

4.

Any driveway or access way, or in such a manner as to block a driveway or access way; or

5.

Any designated fire lane or in such a manner as to block a fire lane.

F.

Mobile food services shall provide parking spaces:

1.

Parking spaces shall be provided in addition to any required parking serving an established use on the lot.

2.

Parking spaces shall have a graveled or paved surface.

5.03.04   Roadside Vendors (Transient Merchants)

A.

Applicability

1.

Roadside vendors conducting retail sales are permissible on vacant lots or on lots containing a business in the Commercial or Industrial zoning districts in accordance with the standards of this section.

B.

A temporary use permit shall be required in accordance to the procedures set forth in Chapter 10.

C.

The applicant shall have written permission of the property owner to conduct retail sales.

D.

The applicant shall possess a valid occupational license.

E.

Roadside vendors shall not be located within:

1.

The public right-of-way;

2.

Any required setback area or required buffer area;

3.

Any required parking space;

4.

Any driveway or access way, or in such a manner as to block a driveway or access way; or

5.

Any designated fire lane or in such a manner as to block a fire lane.

F.

Roadside vendors shall provide parking spaces:

1.

Parking spaces shall be provided in addition to any required parking serving an established use on the lot.

2.

Parking spaces shall have a graveled or paved surface.

5.03.05   Model Homes and Sales Offices

A.

Model homes are permissible only in conjunction with a new residential development during the period of construction of site improvements and new homes, subject to the following standards:

1.

Model homes may be erected or displayed in districts that include residential uses, provided that such models shall not be used for residential purposes, but only for display as a means to sell homes;

2.

A model home shall be located on a platted lot meeting all standards of this ULDC;

3.

A model home shall be located to meet all site design standards of this ULDC, except for the modifications specifically enumerated herein;

4.

A model home may include a sales office. Hours of sales operations shall not extend beyond 8:00 p.m.;

5.

One (1) off-street parking space shall be provided for each employee plus one (1) off-street parking space per model home. In addition, one (1) off-street parking space shall be provided for handicapped parking. These spaces shall be provided on the same lot as the model dwelling unit or on a contiguous lot within the specific project;

6.

The model home shall be discontinued as a model unit and sales office when ninety (90) percent of the lots or homes in the residential development have been sold. The model home site shall be redesigned to comply with all site design requirements applicable to the residential development. Such redesign includes, at a minimum, removal of parking in excess of that associated with a single-family home; removal of any signs; and removal of any exterior lighting associated with the model home and sales office.

5.03.06   Portable Outdoor Storage Containers

A.

Portable outdoor storage containers shall be allowed all zoning districts on a lot, parcel, or tract of land for a period of time not to exceed thirty (30) days.

5.03.07   Yard and Garage Sales

A.

Yard and garage sales shall be allowed within any rural or residential zoning district, subject to the following standards:

1.

Each sale shall be limited to a three (3) day consecutive period;

2.

Each sale shall take place no more than four (4) times a year;

3.

Sales shall not be permitted as a home occupation.

(Res. of 12-20-11)

5.04.01   Purpose and Intent

A.

The intent of this section is to provide for the regulation of outdoor advertising signs, which are erected on and visible from the road system of Gordon County, Georgia. A sign by its very nature is designed to draw an individual's attention to that sign. This characteristic makes signs a valuable medium of communication. However, this same characteristic can distract motorists and pedestrians and thus create traffic hazards. In addition, the clutter created by an excess in number, size and height of signs creates a distraction to travelers and negatively impacts the general appearance of an area. Signs lessen the aesthetic qualities of an area and intrude upon the residential character of an area. Therefore, signs must be regulated to insure that they are structurally safe and sound and free of all hazards and to limit the negative impact of signs while encouraging the positive and constructive uses of signs.

B.

The purposes of this section are to:

1.

Encourage the effective use of signs as a means of communication within Gordon County;

2.

Maintain and enhance the aesthetic environment and Gordon County's ability to attract sources of economic development and growth;

3.

Improve pedestrian and traffic safety; to protect the public traveling along primary and interstate highways from distractions, from aesthetic desecration and from nuisances and all associated with the proliferation of signs in a concentrated area along said highways;

4.

Minimize the possible adverse effects of signs on nearby public and private property;

5.

Regulate signs by zoning district, size, height, location on a lot, number, methods of construction, maintenance, and illumination; and

6.

Protect the health, safety and welfare of residents, visitors, and businesses within Gordon County.

C.

This section is not intended, and shall not be applied in any manner, to control the message or content of the message on any sign allowed under this section and the laws of the State of Georgia. This section is intended to regulate signs in the unincorporated areas of Gordon County while showing full deference to the right to engage in constitutionally protected speech.

D.

Nothing in this section shall be interpreted or applied so as to create any power or duty in conflict with the preemptive effect of any federal or state law.

E.

Nothing in this section shall be interpreted or applied so as to create any liability on Gordon County, its employees, agents, or officials which enforce or fail to enforce any of the provisions provided herein or any applicable provisions of state law.

5.04.02   Prohibited Signs

Any sign not specifically identified in this section as a permitted sign shall be prohibited. The following signs are prohibited in any zoning district in Gordon County:

A.

Banners except as specifically allowed under this section.

B.

Fluttering Ribbons or Streamer Flags except as specifically allowed under this ULDC.

C.

Signs which produce noise or sounds capable of being heard even though the sounds produced are not understandable sounds. This provision does not prohibit radio transmissions used in conjunction with any sign.

D.

Signs which emit visible smoke, vapor, particles or odors.

E.

Signs which are erected or maintained upon trees, utility poles or painted or drawn upon rocks or other natural features.

F.

Inflatable advertising devices except as specifically allowed under this section.

G.

Roadside bench, covered shelter or bus shelter advertising signs.

H.

Signs which depict nudity, sexual conduct, obscene or pornographic material as defined in the United States and or Georgia Codes. This section will in no way infringe upon any constitutional rights as defined by the State of Georgia and the U.S. Constitution.

I.

Roof signs except as otherwise allowed herein.

J.

Rotating signs (excludes barber pole signs).

K.

Signs which advertise an activity which is illegal under the laws of Georgia, federal laws or regulations, or any ordinance of Gordon County.

L.

Signs or advertising devices attached to any vehicle or trailer parked so as to be visible from a public right-of-way for the purpose of providing advertisements of products, services or events or directing people to a business or activity, except for a common carrier or other vehicle which is used for daily transportation with a valid license plate. Any allowable vehicle or common carrier having a sign attached thereto as a part of the operational structure of the vehicle is to be parked in a legal parking space belonging to the business or on the property to which the sign makes reference. No signs on trailers or other non-motorized vehicles will be allowed under this provision.

M.

Signs placed in parking spaces which are required to meet the minimum parking requirements.

N.

Signs not in good repair, specifically including any sign, which is in a state of disassembly or any sign which has its internal lighting exposed to view.

O.

Sign copy on public litter receptacles.

P.

Twirling, sandwich-type, sidewalk or curb-type signs, and portable display signs, shall be prohibited except as otherwise allowed herein.

Q.

No signs other than those belonging to local or state governments, public service agencies, railroads and the like shall be located in a public right-of-way.

R.

Portable display signs. Changeable copy signs designed to be transported periodically from place to place or designed to be supported on wheels, whether or not such wheels have been removed are prohibited except as specifically allowed under this ULDC. Includes the term "trailer signs."

S.

Light Strands. Series, lines, or rows of lights supported by cables or other physical means typically associated with auto sales lots.

T.

Signs painted directly on the exterior of a building wall.

5.04.03   General Regulations

A.

What signs are covered. Unless specifically excluded herein, this section shall govern any sign erected, maintained or located in Gordon County. Signs wholly located within a structure or building and which are intended to be viewed from the interior of the building are not regulated by this section.

B.

Definitions and specific provisions. The names of sign types and other words have special meanings in this section. Consult the definitions section of this ULDC and the other specific provisions to determine the meaning of words and the regulations that apply to each type of sign.

C.

Other laws still apply. All signs shall comply with all federal and state laws, and county ordinances, codes, and rules. Compliance with the terms of this section shall not operate to relieve any individual, corporation or other entity of any other duty imposed by law.

D.

Property rights of others must be respected. Issuance of a permit hereunder shall not serve to waive any applicable protective covenants or private rights of property ownership.

E.

Safety. At a minimum, no sign or other obstruction of vision, including but not limited to poles or other support structures, with a height greater than three (3) feet, shall be permitted within an area beginning at the intersection of any right-of-way lines of any streets, roads, highways, driveways, curb cuts or railroads, and extending twenty (20) feet along each such right-of-way, and closed by a straight line connecting the end points of the said twenty-foot sections of the right-of-way lines (block out zone).

F.

Signs shall not be similar to traffic control devices. No sign or illumination shall be used, constructed, maintained or located at any location where it may interfere with or obstruct the view of an authorized traffic control device or emergency vehicle device or markings nor shall any sign be used, constructed, maintained, or located where it, by reason of its position, shape, wording, or color, may be confused with an authorized traffic control device or emergency vehicle device or markings.

G.

Illumination. Illumination devices on all signs shall be so positioned and or shielded so as not to be a nuisance or traffic hazard to vehicle operators. In addition, all such lighting shall be shielded so as not to project lighting directly onto nearby residential dwellings.

H.

Electrical and structural safety. All electrical signs and all electrical devices that illuminate signs or otherwise operate signs are subject to approval of the Gordon County Building Inspector or his designee. All such signs and electrical devices shall only be allowed if listed by an approved testing laboratory or agency and installed in conformance with that listing. All signs shall be built in compliance with all applicable building and electrical codes.

I.

Content of sign. This section shall not regulate the specific content of signs except that sign content shall not contain obscene or pornographic material or advertise an illegal activity. This section will in no way, infringe upon any person's constitutional rights.

J.

Expiration of permit. A sign permit shall expire six (6) months after the issuance of the permit if construction of the sign has not commenced within that time. A sign permit shall expire twelve (12) months after the issuance of the permit if construction of the sign is not completed within that time. If construction has not begun or been completed as required by this subsection, then a new application must be submitted and the permitting process commenced anew.

K.

Structural/safety. Any sign within this section attached to a building must meet the requirements of the Gordon County Building Code and any other applicable county ordinance(s).

L.

Setback. Freestanding General Business Signs shall be setback a minimum of three (3) feet from all property lines and five (5) feet from the edge of pavement or back of curb from all private drives. Freestanding General Advertising Signs (Billboards) shall be setback a minimum of fifty (50) feet from all public rights-of-way and twenty-five (25) feet from all other property lines and principal buildings on the site.

M.

Signs attached to a building. No sign or copy area shall extend beyond the pitch boundaries or extremities of the rooflines of the building to which the sign or sign structure is attached. Any sign shall either be considered a roof sign or a wall sign depending on its location and must comply with the regulations pertaining to said signs allowed under this section, excluding flags; see subsections 5.04.04(B)(9) and (10) below.

N.

Changeable copy signs (manual). Such signs shall be allowed only as an addition to, or in conjunction with, a permitted freestanding general business sign and must be permanently affixed to said sign. Changeable copy signs shall not be allowed to stand alone. Such signs shall be deducted from allocated freestanding sign area.

O.

Clearance from high voltage power lines. Signs shall be located not less than twelve (12) feet horizontally or thirteen (13) feet vertically from overhead electrical conductors which are energized in excess of seven hundred fifty (750) volts. Signs located in the vicinity of electrical conductors energized with less than seven hundred fifty (750) volts shall maintain clearances in accordance with the National Electrical Code. Copies of said code are on file with the Building Inspector. In no case shall a sign be installed closer than thirty-six (36) inches from any electrical conductor or public utility guy wire.

5.04.04   Signs Not Requiring a Permit

All signs or related activities under this section do not require a sign permit; provided, however, that all other applicable regulations shall apply to such signs and that no such sign in a residential zoning district shall be directly illuminated.

A.

The changing of the advertising copy or message on an approved painted or printed sign, billboard, theater marquee or similar approved sign which is specifically designed for the use of replaceable copy.

B.

The changing of the tenant panels on a freestanding multi-use tenant board.

C.

Normal maintenance or repair of an approved sign or sign structure.

D.

Home occupation signs. Home occupation uses, as permitted herein this ULDC, shall be allowed one (1) identification sign not to exceed four (4) square feet in area. If said sign is a freestanding sign, not attached to a building, such sign shall not exceed four (4) feet in height.

E.

Directional signs. Signs associated with vehicular use areas such as entrance and exit drives, parking lots, and travel lanes within private parking lots for the purposes of directing traffic. Such signs shall not exceed four (4) square feet in area.

F.

Sidewalk or sandwich board signs. One (1) such sign shall be allowed at each place of business which is located on the ground or main floor of a building and which has direct front door access to and from a public sidewalk. Such signs shall not exceed eight (8) square feet in area and shall not be lighted. Such signs shall be located so as not to obstruct the pedestrian way.

G.

Construction site signs. Temporary signs placed upon a site under construction, alternation or demolition. Such signs shall not exceed sixteen (16) square feet in area in a residential zoning district or thirty-two (32) square feet in area in all other zoning districts and shall not exceed ten (10) feet in height. All such signs shall be removed from the site within fourteen (14) days after final inspection, completion, or termination of the project.

H.

Scoreboards. Scoreboards on athletic fields, including advertising on school athletic fields, fences or walls.

I.

Temporary signs on property for sale or lease or on developed or undeveloped land. Temporary signs placed on property for sale or lease or temporary signs on developed or undeveloped property shall be allowed in all zoning districts. One (1) such sign shall be allowed per lot, parcel, or tract of land with the exception that if said lot, parcel, or tract of land has greater than two hundred (200) feet of road frontage on any one (1) road, one (1) additional sign shall be allowed for every two hundred (200) feet of road frontage. Such signs shall not exceed sixteen (16) square feet in residential zoning districts and thirty-two (32) square feet in all other zoning districts.

J.

Temporary curb-type signs. Temporary curb-type signs shall be allowed in all zoning districts from 3:00 p.m. on Friday to 11:59 p.m. on Sunday only. It shall be the responsibility of the sign owner to remove all such signs prior to 11:59 p.m. on Sunday. Such signs shall not exceed four (4) square feet in area and three (3) feet in height. Such signs shall not be placed on trees, utility poles, fences, or other existing objects or structures, and shall not be placed in public rights-of-way. One (1) such sign conveying the same message shall be allowed every three hundred (300) feet along a roadway. Said signs must be placed on private property with the property owner's consent.

K.

Yard and garage sale signs. One (1) such sign a maximum area of eight (8) square feet shall be permitted on the property on which a yard or garage sale is being conducted. The sign must be removed within twenty-four (24) hours of the close of the sale.

(Res. of 12-20-11)

5.04.05   Signs Requiring a Permit

All signs under this section require a sign permit. This section shall not apply to properties zoned MU (Mixed Use).

A.

Freestanding general business signs

1.

Each lot or parcel of land zoned to allow agricultural, office, commercial, or industrial uses of land shall be allowed one (1) monument sign with a height not to exceed six (6) feet above normal grade or an area not to exceed thirty-five (35) square feet for each street on which said lot or parcel of land has frontage (excludes lots along U.S. Highway 41 also known as South Wall Street and North Wall Street, State Route 53 and Spur 53, State Route 136, State Route 156, State Route 225).

2.

Each lot or parcel of land zoned to allow agricultural, office, commercial, or industrial uses of land fronting U.S. Highway 41 also known as South Wall Street and North Wall Street, State Route 53 and Spur 53, State Route 136, State Route 156, State Route 225 shall be allowed one (1), maximum fifty (50) square foot, freestanding general business sign for each frontage on said highways, not to exceed fifteen (15) feet in height, with the exception that shopping center developments shall be allowed one (1) such sign not to exceed four (4) square feet in sign area per standard divided suite and eight (8) square feet in sign area per anchor divided suite and shall not exceed fifteen (15) feet in height.

3.

Each lot or parcel of land having more than one (1) street frontage and said streets intersect to form a corner lot or parcel and a freestanding general business sign is proposed on each street, said signs shall be no closer to the intersection of said streets than one-half (½) the distance of the frontage on each street.

4.

All freestanding general business signs shall be monument style signs and shall comply with the following:

i.

No air space shall be visible within or between any portion of the sign display area or sign structure;

ii.

Signs shall be mounted on a base constructed of the same material as the façade of the principal building or of a material that is permitted under Section 4.01.04(B) if the building façade material is not permitted by the ULDC;

iii.

Changeable copy is not permitted.

B.

Freestanding entrance signs relating to single-family or multi-family residential developments or private schools or religious institutions in a residential zoning district.

1.

A maximum of two (2) such signs shall be allowed for each entrance not to exceed twenty-five (25) square feet in area per sign and said signs shall not exceed a height of six (6) feet. All such signs shall not be directly illuminated and shall be monument style signs.

C.

Wall, Canopy, and Awning Signs. Wall signs, canopy signs and awning signs in all zoning districts except residential shall comply with the following:

1.

Wall signs shall have an aggregate area not exceeding one and five-tenths (1.5) square feet for each linear foot of building face parallel to a street lot line, or ten (10) percent of the wall area to which it attached, whichever is less, not to exceed one hundred eighty (180) square feet. Where a lot fronts on more than one (1) street, the aggregate sign area facing each street frontage shall be calculated separately. Canopy and awning signs shall be deducted from allocated wall sign area.

2.

No wall sign that projects more than four (4) inches from the building surface on which it is attached shall be less than eight (8) feet above the finished elevation at its lowest extremity. A wall sign shall not project above the vertical wall to which it is attached.

3.

Wall, canopy or awning signs shall not have changeable copy unless approved as a marquee sign.

4.

Marquee wall signs may be substituted for wall signs for uses as approved such as theaters and hotels where their use is customary. Such signs shall not extend above the rooflines of the building nor extend more than two (2) feet from the face of the building upon which secured. Allowable sign dimensions shall be the same as for wall signs.

5.

No wall sign shall project more than twenty-four (24) inches from the building surface on which it is attached.

6.

Signs on Interstate Highway 75 facing walls of buildings on lots, parcels, or tracts of land having frontage on Interstate Highway 75 shall not exceed twenty-five (25) percent of the total are of said wall.

D.

Grand Opening Signs

1.

Businesses and institutions may exhibit banners, flags, balloons, streamers, air or gas filled figures within three (3) months of starting the operation of a new business. Such signs may be exhibited for no more than one (1), thirty (30) day period per new location or branch facility. One (1) exterior banner not to exceed thirty (30) square feet in area shall be allowed at each place of business and shall be securely attached to the facade of the building. Steamers or pennants shall be setback at least twenty-five (25) feet from the edge of the street or out of the right-of-way, whichever is farthest from the street and shall not exceed twenty-five (25) feet in height except as otherwise regulated herein.

2.

Additionally, one (1) temporary sign announcing a grand opening may be displayed beginning no more than sixty (60) days prior to such opening and continuing for thirty (30) days after the opening as long as the sign does not exceed the maximum permitted size for a primary sign in the applicable district.

3.

A temporary permit is required. The fee for a temporary permit shall be twenty-five dollars ($25.00) and shall be issued one (1) time only to a new business or institution.

E.

Freestanding Outdoor Advertising Signs (Billboards). No freestanding outdoor advertising sign shall be erected unless in compliance with the regulations of this section. In addition to regulations herein, all freestanding outdoor advertising signs erected on lots, parcels, or tracts of land having frontage on Interstate Highway 75, other federal highway, or state route shall comply with O.C.G.A. § 32-6-70 et seq. and shall comply with all other state and federal requirements necessary to obtain a permit under such code. In instances where the sign regulations of this code are more restrictive, these regulations shall apply. Such signs are permitted in the C-H, I-1, or I-2 zoning districts only on lots, parcels, or tracts of land which meet all of the County's standards for development as required herein this ULDC especially regarding minimum lot size and minimum road frontage requirements and shall comply with the following:

1.

Freestanding outdoor advertising signs located in the C-H, I-1, or I-2 zoning districts on lots, parcels, or tracts of land having frontage on Interstate Highway 75 shall be allowed a maximum sign area of six hundred and seventy-two (672) square feet and shall comply with the height regulations of the state.

2.

Freestanding outdoor advertising signs located in the C-H, I-1,or I-2 zoning districts on lots, parcels, or tracts of land having frontage on a state or county road shall be allowed a maximum sign area of three hundred (300) square feet and shall not exceed thirty (30) feet in height.

3.

All freestanding outdoor advertising signs shall be set back a minimum of fifty (50) feet from all rights-of-way, public or private, and a minimum twenty-five (25) feet from all other property lines and buildings on the site;

4.

All freestanding outdoor advertising signs shall be a minimum of five hundred (500) feet from any single-family or multi-family zoning district;

5.

All freestanding outdoor advertising signs shall be a minimum of one thousand five hundred (1,500) feet from all other such signs located on the same side of a highway or road regardless of jurisdictional boundaries with the exception that automated changeable copy signs utilizing any digital changeable message technology shall be a minimum of five thousand (5,000) feet from all other such changeable message signs located on the same side of a highway or road regardless of jurisdictional boundaries;

6.

All freestanding outdoor advertising signs shall be a minimum of three hundred (300) feet from a property boundary line of any officially designated historical site or monument except such signs pertaining to that particular site or monument;

7.

All freestanding outdoor advertising signs may be directly or indirectly illuminated with a condition that animation, flashing lights, scrolling, or intermittent or full-motion video shall be prohibited;

8.

All freestanding outdoor advertising signs shall be stand alone structures not allowed to be attached to or painted on any building or any other natural or manmade structure or object other than the supporting structure specifically designed, engineered, and built for said sign; and

9.

Freestanding outdoor advertising signs having frontage on Highway Interstate 75 may utilize digital technology or other means of automated changeable copy upon complying with the following:

a.

"Dwell time" for each message shall be a minimum of ten (10) seconds and only static copy shall be allowed;

b.

Shall contain a default design that will freeze the sign image or message in one position if a malfunction occurs;

c.

Shall achieve a transition to another static image or message over a period of three (3) seconds or less; and

d.

Shall appropriately adjust display brightness as ambient light levels change.

10.

All freestanding outdoor advertising signs legally existing on the effective date of this code may be continued, even though such signs do not conform to this provision. Such nonconforming signs shall not be expanded, relocated, or replaced by another nonconforming sign, except that the substitution of the interchangeable poster panels, painted boards, demountable material, or other actions resulting in the changing of the sign message on nonconforming signs shall be allowed (see also Section 5.04.06).

(Res. of 12-20-11)

5.04.06   MU (Mixed Use) Zoning District Regulations

This section applies to all signs in the MU (Mixed Use) zoning district. In addition to the sign regulations herein, all signs erected within the MU zoning district require a sign permit and shall comply with regulations herein. The MU district is intended for the development of a combination of residential, office, and commercial uses and the intent of sign regulation within this district is to ensure visual compatibility with the scale and character of the surrounding built environment.

1.

One (1) Freestanding General Business Sign shall be allowed for each lot, parcel, or tract of land having public road frontage. Said sign shall be allowed a maximum sign area of twenty-five (25) square and a maximum height of six (6) feet when fronting all other roads. Said sign shall be a monument style sign. Said sign shall not be internally illuminated, shall be constructed of materials consistent with the building architecture of the business being advertised, and shall not contain changeable copy.

2.

In addition to wall, canopy or awning sign regulations in Section 5.04.05(C) herein, no such sign shall exceed a vertical dimension of three (3) feet.

3.

In addition to Section 5.04.02 herein, the following signs shall be prohibited:

a.

Signs painted directly onto building or retaining walls or fences;

b.

Florescent Day-Glow colored signs;

c.

Wind or light activated glitter signs;

d.

Electronic, digital, or flashing signs;

e.

Streamers; and

f.

Freestanding outdoor advertising signs (Billboards).

5.04.07   Nonconforming Signs

A.

Signs lawfully existing on the effective date of this section, which do not conform to provisions of this section shall be deemed to be legal nonconforming "grandfathered" signs and may remain, except as otherwise specifically qualified in this section. Such signs shall not be enlarged, extended, structurally reconstructed, replaced or altered in any manner; except a sign face may be changed so long as the new sign face does not increase either height or sign area. This provision shall not have the effect of excusing any violation of any other section. Nor shall this provision have the effect of permitting the continued existence of any unsafe sign or any sign that is not in good state of repair.

B.

Nothing in this section shall be deemed to prevent keeping in good repair a nonconforming sign. No repairs other than minor maintenance and upkeep of nonconforming signs shall be permitted except to make the sign comply with the requirements of this section. A nonconforming sign which has been declared by the building official of Gordon County to be unsafe because of its physical condition shall not be repaired, rebuilt or restored unless such repair or restoration will result in a sign which conforms to all applicable provisions of this section.

C.

A nonconforming sign shall not be moved for any distance on the same lot or to another lot unless such change in location will make the sign conform to the provisions of this section, and meet permit requirements of this section.

D.

If a nonconforming sign is removed or discontinued for any period of time, except for maintenance, the subsequent erection of a sign shall be in accordance with the provisions of this section.

E.

A nonconforming sign which is changed to or replaced by a conforming sign shall no longer be deemed nonconforming, and thereafter such sign shall be in accordance with the provisions of this section.

F.

When a nonconforming sign is destroyed or toppled by forces of nature or any other destructive action or occurrence, said sign, if replaced, shall conform to the regulations herein regarding sign area, height, manner of construction, and setbacks with the exception that a nonconforming freestanding outdoor advertising sign may be exempt from Section 5.04.05(E)(5.) of this ULDC.

5.04.08   Interpretation, Construction, and Severability

A.

Interpretation. The words used in this section in the present tense shall include the future. Singular words include the plural, and plural words include the singular. For the sake of brevity, masculine and feminine pronouns shall be mutually inclusive and shall also include the neuter (i.e. corporations). Subheadings and/or examples are inserted for the convenience of the reader and shall not operate to limit the effect of any provision. Gordon County, when mentioned herein, shall refer to the unincorporated jurisdictional boundaries of the County.

B.

Construction. The provisions of all other applicable County ordinances and state and federal laws shall apply. This section shall not be construed to create a right to maintain a sign in violation of any other law, in violation of any protective covenant or in violation of the property rights or other rights of any person or entity. In the event that any provision of this section regulates the same activity, conduct or any aspect of signage that is also regulated by county, state or federal law, then provision of this section is in genuine conflict with any state or federal law requirement, the conflict shall be resolved in accordance with law.

C.

Severability. The provisions, sections, paragraphs, sentences, clauses, phrases and terms of this section are severable. In the event that any portion or any specific application of this section is held to be unconstitutional or otherwise invalid, such invalidity shall not affect the other portions or other applications of this section.

5.04.09   Permits Generally

A.

Except as otherwise provided herein, no sign shall be used, constructed, maintained, located, replaced, expanded or relocated unless a sign permit has been issued by Gordon County.

B.

A new sign permit shall be required for any structural alterations, other than normal maintenance and repair as defined in this section.

C.

No permit issued for a sign under the provisions of this section, shall be deemed to constitute permission or authorization to maintain any sign that violates any provision of this section, any other ordinance, state law or federal law.

D.

Any sign requiring a permit for which a permit has not been secured shall be removed immediately. Removal shall be the joint and severable responsibility of the sign owner, the sign erector and any party that procured the erection of the sign.

5.04.10   Permit Application

A.

Permits shall be issued only to:

1.

The owner of the real property where the sign is to be located;

2.

A lessee who has the right to install or maintain a sign on the real property where the sign is to be located; or

3.

The erector of the sign. An applicant that is a lessee shall produce a copy of the lease or a written statement from the owner of the real property that the applicant has the right to maintain a sign on the property. A sign erector shall produce a copy of a current business license and proof of insurance or bond as required by the bond and insurance section of this section. Application may be made by the owner, lessee or agent of the owner or lessee.

B.

Application. Application for a sign permit shall be filed with the County on forms furnished by the County. The application for a permit shall contain the identification and address of the property on which the sign is to be erected; the names, addresses and telephone numbers of the sign owner, sign erector, property owner, lessee (if applicable) and the agent making the application (if applicable); the type of sign as classified by this section; and such other pertinent information as the County may require to insure compliance with the provisions of this section and other applicable ordinances of the County. The County may require that the application be accompanied by two (2) copies of the following: site plans showing location of structures upon the property on which the sign is to be located and the location of the sign in relation to the structures, property lines, public rights-of-way, and other signs; plans, specifications and structural details showing the type and manner of construction, attachment to buildings or in ground erection; and a visual representation of the completed sign. The County may require said plans to bear the representation of the completed sign. The County may require said plans to bear the signature and seal of a registered land surveyor, professional engineer, architect, or land planner. Each application shall include a signed statement from the landowner or possessor of the property giving consent to entry into the property for the purpose of inspection and enforcement of this section. If classification of the road on which the property fronts is of importance to the permit process, the County may require the applicant to submit certified documents from the Georgia Department of Transportation or the United States Department of Transportation or their successors regarding the classification of the road.

C.

Processing of application. Upon receipt of a properly completed application for a sign as permitted under the provision of this section, the County, through its enforcement personnel, shall examine and process the application within a reasonable amount of time. Though a longer period of time may be reasonable under the circumstances of the case, five (5) business days shall be considered a reasonable amount of time in most cases. A permit may be denied if the applicant landowner or lessee is presently maintaining any sign in violation of this section.

D.

Procedure upon denial. Upon denial of the application of a permit, the applicant shall be given written notice stating the reason(s) for the denial within fifteen (15) days of the decision to deny the permit. Appeal from such denial may be taken to the County Planning Commission.

E.

Fees. The application for a permit shall be accompanied by the appropriate permit fee as established by the governing body of Gordon County from time to time.

5.04.11   Enforcement and Penalties

A.

Enforcement personnel. The enforcement of this section shall be within the jurisdiction of the County's code enforcement personnel, building officials, and all law and code enforcement personnel of Gordon County. The enforcement personnel shall have such powers as are reasonably necessary to enforce and give effect to this section.

B.

Public nuisance. Any violation of this section is hereby declared to be a public nuisance.

C.

Maintenance and repair. Every sign including but not limited to those signs for which permits are required or for which no permits or permit fees are required, shall be maintained in a safe, presentable and good structural material condition at all times, including the repair or replacement of defective parts, painting, repainting, cleaning, and other acts required for the maintenance of said sign. The Building Inspector shall require compliance with all standards of this section. If the sign is not made to comply with adequate safety and maintenance standards, the Building Inspector shall require its removal in accordance with this section.

D.

Dangerous or defective signs. No persons shall maintain, or permit to be maintained on any premises owned or controlled by him, any sign which is in dangerous or defective condition. Any such sign shall be removed or repaired by the owner of the premises or the owner of the sign. Upon failure of the owners to remove or repair a dangerous or defective sign, the Building Inspector shall proceed as described in subsection (I) of this section.

E.

Unlawful signs. No person shall erect or permit to be erected any sign which does not comply with the provisions of this section.

F.

Removal of temporary signs. Upon adoption of this section any temporary sign, portable display sign or device included in this section shall be removed or made to conform to the provisions of this section within sixty (60) days of the date of notification by code enforcement personnel. All subsequent violations shall be remedied within fourteen (14) days of the notification.

G.

Removal of signs by the Building Inspector. The Building Inspector or his designee shall cause to be removed any sign that endangers the public safety such as an abandoned, dangerous, or materially, electrically or structurally defective sign or a sign for which no permit has been issued. The Building Inspector or his designee shall prepare a notice which shall describe the sign and specify the violation [and if] not corrected within ten (10) days the sign shall be removed in accordance with the provisions of this section.

1.

All notices mailed by the Building Inspector or his designee shall be sent by certified mail. Any time periods provided in this section shall be deemed to commence on the date of the receipt of the certified mail, or refusal of the person to whom it is addressed to accept same.

2.

The notice shall be mailed to the owner of the property on which the sign is located, the owner of the sign and the occupant of the property. If any such person is unknown or cannot be found, notice shall be mailed to such persons last known address, if any, and posted on the sign or on the premises. Any person having an interest in the sign or the property may appeal the determination of the Building Inspector ordering removal or compliance by filing a written notice of appeal with the planning commission within ten (10) days after receipt of the notice.

3.

Notwithstanding the above, in cases of emergency, the Building Inspector or his designee may cause the immediate removal of a dangerous or defective sign without notice.

H.

Disposal of signs. Any sign removed by the Building Inspector pursuant to the provisions of this section shall become the property of the County and may be disposed of in any manner deemed appropriate by the County. The cost of removal of the sign by the County shall be considered a debt owed to the County by the owner of the sign and the owner of the property, and may be recovered in an appropriate court action by the County. The costs of removal shall include any and all incidental expenses incurred by the County in connection with the sign's removal.

1.

When it is determined by the Building Inspector that said sign would cause an imminent danger to the public safety, and contact cannot be made with a sign owner or property owner, no written notice shall have to be served. In this emergency situation, the Building Inspector may correct the danger, all costs being charged to the sign owner and property owner.

2.

If it shall be necessary for the Building Inspector to remove a sign pursuant to the provisions hereof, and it should be practicable to sell or salvage any material derived in the aforesaid removal, he may sell the same at private or public sale at the best price obtainable, and shall keep an account of the proceeds thereof. Such proceeds, if any, shall be used to offset the costs of removal shall be levied as an assessment against the property on which the sign is located.

I.

Invalid permits. The Building Inspector may issue a removal order when it has been determined that a permit was improperly issued, that the permit was issued on the basis of misstatement of fact or fraud, that the sign has not been constructed in compliance with this section or with the specification of the application or site plans, that the sign permit has expired or that the sign is otherwise not in compliance with this section. In the event a sign is not removed after receipt of a removal order by the owner of such sign or property, the Building Inspector may institute legal proceeding hereunder against the property owner, sign owner, lessee, sign erector or combination of the above.

J.

Civil actions. The Building Inspector or any individual or entity whose property interests are directly affected may bring a civil action to seek injunctive and other relief to enforce this section.

K.

Citations. Any violation of this section may be tried upon citations issued by the Building Inspector or his designee. Without limitation, sign erectors, sign owners and such other parties responsible for the violation may be cited for violation of any provisions of this section.

L.

Penalties. In addition to any other penalty provided in this section or in any separate resolution, the penalty and/or fine for any one (1) sign found in violation of this section, tried upon a citation or upon an accusation and, as provided for in the Code of Ordinances of Gordon County, shall be punished by a fine not exceeding five hundred dollars ($500.00), six (6) months incarceration or both. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense.

M.

Remedies cumulative. All remedies and penalties specified in this section are cumulative.

5.04.12   Bonds and Insurance

All persons engaged in the business of erecting, installing, altering, relocating, constructing or maintaining signs for compensation must post a bond or show proof of insurance in the amount of twenty-five thousand dollars ($25,000.00) for property damage for any one (1) claim and public liability insurance in the amount of one hundred thousand dollars ($100,000.00) for injuries, including accidental death to one (1) person and possess a current business license at the time any sign permit is obtained, and said bond or insurance shall cover any and all damages, demands or expense of every character which may as a result of such erection, installation, alteration, or relocation.

5.04.13   Indemnity

By accepting any permit or other permission to erect and maintain a sign or by acting in the erection or maintenance of a sign pursuant to such permit or other permission pursuant to this section, the permit holder, property owner, lessee (if any), sign erector, their agents, servants, employees, and assigns agree to hold harmless and indemnify the County, its officers, agents, servants, and employees from any and all claims for damages, including death, including but not limited to those resulting from the erection, alteration, relocation, construction or maintenance of a sign permitted or authorized under this section.

5.04.14   Variances

There shall be no deviation from the terms of this section unless a variance has been granted by the County planning commission. Variances from the provisions of this section may be applied for and granted in the same procedural manner as variances from this ULDC. All other procedural and notice requirements for obtaining a variance and appeal thereof as outlined in Chapter 10 of this ULDC shall be complied with by the applicant.

5.04.15   Inspection

A.

The enforcement personnel are hereby empowered to enter into or inspect any building, structure, or premises upon which a sign subject to this section is located for the purpose of inspecting the sign, its structural and electrical connections and to insure compliance with the provisions of this section and other applicable ordinances. Inspections shall be carried out during reasonable business hours, unless an emergency exists.

This provision is in addition to and without prejudice to the rights of other inspectors and regulators to enter into and inspect premises.

5.05.01   Purpose

It is the intent of Gordon County to allow telecommunication facilities (telecommunications towers and/or antennas) in compliance with State and federal regulations. It is further the intent of the County to protect the public health, safety, and welfare through regulating the placement and design of allowable wireless communication facilities. The regulations in this section are designed to:

A.

Enhance the ability of the providers of telecommunications services to deliver such services to the community effectively and efficiently;

B.

Preserve the character and appearance of Gordon County while allowing adequate wireless telecommunication services to be developed;

C.

Locate telecommunications towers and antennas in areas where adverse impacts on the community are minimized and to promote harmonious co-existence of telecommunications towers with other land uses;

D.

Encourage the location of towers in nonresidential areas and to minimize the total number of towers within residential areas;

E.

Provide standards and requirements for the operation, siting, design, appearance, construction, monitoring, modification, and removal of wireless communication facilities and towers;

F.

Encourage the innovative use of alternative tower structures, such as church steeples, outdoor advertising signs, electric transmission towers, and other such structures, where technologically feasible;

G.

Minimize tower and antenna proliferation by requiring the sharing of existing communications facilities, towers, and sites where possible and appropriate;

H.

Encourage the design and construction of towers and antennas to minimize adverse visual impacts and promote visual quality; and

I.

Minimize the potentially adverse visual effects of towers and other facilities through careful design and siting standards.

5.05.02   Consistency with Federal Telecommunications Act

A.

It is specifically the intent of Gordon County that the regulations set forth in Section 5.05.00 shall be construed in such a manner as to maintain consistency with the Federal Telecommunications Act. Therefore, these regulations shall not be construed to:

1.

Prohibit or have the effect of prohibiting the provision of wireless services;

2.

Unreasonably discriminate among providers of functionally equivalent services; or

3.

Regulate personal wireless services on the basis of the environmental effects of radio frequency emissions to the extent that the regulated services and facilities comply with the Federal Communications Commission (FCC) regulations concerning such emissions. The Federal Telecommunications Act of 1996 gives the Federal Communication Commission sole jurisdiction of the field of regulation of radio frequency emissions and wireless communication facilities which meet the FCC standards shall not be conditioned or denied on the basis of radio frequency impacts.

B.

All telecommunication facilities shall meet or exceed current standards and regulations of the Federal Aviation Authority, the FCC, and any other agency of the federal government with the authority to regulate telecommunication facilities. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers, antennas and/or support structures into compliance with such revised standards and regulations within six (6) months of the effective dates of such standards and regulations unless a more or less stringent compliance schedule is mandated by the controlling federal agency. Failure to bring towers, antennas, and supporting structures into compliance with such revised standards and regulation shall constitute grounds for the removal of the tower, antenna, or support structure at the owner's expense.

5.05.03   Applicability

A.

Except as set forth in Section 5.05.03(C), the requirements of Section 5.05.00 shall govern the location of all telecommunications towers and/or antennas that exceed a height of fifty (50) feet in unincorporated Gordon County.

B.

The provisions of Section 5.05.00 shall not apply to governmental facilities and structures.

C.

The provisions of Section 5.05.00 shall not govern any tower or the installation of any antenna that is seventy-five (75) feet or less in height and is owned and operated by a federally-licensed amateur radio station operator from the operator's residence, or is used exclusively as a receive-only antenna. Section 5.05.00 shall not govern any device designed for over-the-air reception-only of television broadcast signals, multi-channel multi-point distribution service or direct broadcast satellite service whose tower and/or antenna is seventy-five (75) feet or less in height.

D.

Any tower or antenna for which a permit has been properly issued prior to the effective date of this ULDC shall not be required to meet the provisions of Section 5.05.00, other than the requirements of Sections 5.05.02(B) and 5.05.05(N). Any such towers or antennas shall be referred to as "pre-existing towers" or "pre-existing antennas."

5.05.04   Procedures

All wireless communication facilities shall be permissible when designed and located in compliance with the standards set forth in Section 5.05.00.

A.

A letter signed and stamped by an engineer certified in the State of Georgia shall be required stating that the tower, antenna, and support structure meets or exceeds all applicable requirements set forth herein.

B.

Procedures for application, review, and approval, of telecommunication facilities are as follows:

1.

Any person, company, organization or entity desiring to obtain a permit to construct and erect a tower within the unincorporated areas of the County shall file a written application with the County Building Inspections Department and pay an application fee in the amount of:

a.

One thousand dollars ($1,000.00) if the property for which the permit to construct and erect a tower is publicly owned; or

b.

Five thousand dollars ($5,000.00) if the property for which the permit to construct and erect a tower is privately owned.

2.

An application will not be considered until it is complete. The County Building Inspections Department is authorized to develop application forms to assist in providing the required information and to facilitate the application process. In addition to those requirements contained elsewhere in this section, the application shall be in compliance with the County ULDC and any other applicable local ordinance and state or federal law.

3.

The following information shall be submitted when applying for any permit required by this section and must be submitted for any application to be considered complete. The following factors shall be considered in determining whether to approve or deny the permit request:

a.

Height of proposed tower or antenna;

b.

Proximity of the tower to residential structures, schools, daycare centers, nursery schools, recreation areas, playgrounds, parks, hospitals and churches;

c.

Nature of uses of adjacent and nearby properties;

d.

Surrounding topography, tree coverage and foliage;

e.

Design of the tower, with particular reference to design characteristics that have the effect of reducing visual obtrusiveness;

f.

Proximity to other antennas or towers;

g.

Availability of suitable existing antennas or towers or other structures.

4.

In approving the permit, the County may impose additional conditions to the extent determined necessary to buffer or otherwise minimize adverse effects of the proposed tower or antenna on surrounding properties. Should the permit be denied, the decision shall be in writing, supported by substantial evidence as contained in a written record of the proceedings.

C.

Upon the transfer of ownership of any tower, alternative tower structure, or lot upon which a structure has been erected, the permit-holder shall notify the County Administrator of the transaction in writing within thirty (30) days.

D.

The following uses may be approved by County Administrator after conducting an administrative review:

1.

Installation of an antenna on any alternative tower structure, and further including the placement of additional buildings or other supporting equipment used in connection with said antenna, so long as such addition does not add more than twenty (20) feet to the height of the existing structure.

2.

Installation of an antenna on an existing tower of any height, including a pre-existing tower, and further including the placement of additional buildings or other supporting equipment used in connection with said antenna, so long as the addition of said antenna adds no more then twenty (20) feet to the height of said existing tower.

5.05.05   Development Standards

A.

Principal or accessory use. A tower and/or antenna is considered a principal use if located on any lot or parcel of land as the sole or primary structure, and is considered and accessory use if located on a lot or parcel shared with a different existing primary use or existing structure. An existing use or structure on the same lot or parcel shall not preclude the installation of an antenna or tower. For purpose of determining whether the installation of a tower or antenna complies with zoning district requirements, including but not limited to setback, buffer, and other requirements, the dimensions of the entire lot or parcel shall control, even though the antenna or tower may be located in a leased area within such lot or parcel. Towers that are constructed and antennas that are installed, in accordance with the provisions of Section 5.05.00 shall not be deemed to constitute the expansion of a nonconforming use or structure.

B.

Inventory of existing sites

1.

To facilitate the collocation review of antennas, each applicant seeking to locate a new tower, alternative tower structure or antenna, or modify any such existing structure, shall provide an updated inventory of its existing towers or alternative tower structures. Applicants seeking to erect and amateur radio tower or antenna, or receive-only antenna as described in Section 5.05.03(C), shall be exempt from this provision. This required inventory information shall be maintained by Gordon County. It is the responsibility of the applicant to ensure that this inventory data is accurate and kept up to date.

2.

The inventory shall include all such structures that are within the jurisdiction of the governing authority; within a municipality located, in whole or in part, within Gordon County; or within one-quarter (¼) mile outside the border of Gordon County. This inventory shall include specific information about the location (latitude and longitude coordinates), height, design, tower type, and general suitability for antenna collocation of each tower. Such information is a public document.

C.

Collocation of antennas required. Applicants for the erection of a tower or placement of an antenna shall be required to co-locate upon an existing tower or alternative tower structure. An exception to collocation shall be made only if the applicant adequately demonstrates that an existing tower suitable for collocation does not exist in the geographic antenna placement area utilizing the tower inventory maintained by the County, and that no suitable alternative tower structure is available as set forth in Section 5.05.05(E).

D.

Design requirements for co-located antennas. In addition to all applicable building and safety codes, all towers except amateur radio towers shall be designed to accommodate the collocation of other telecommunication antennas according to the following:

1.

For towers up to one hundred fifty (150) feet in height, the structure and fenced compound shall be designed to accommodate at least two (2) providers.

2.

For towers one hundred fifty (150) feet in height or greater, the structure and fenced compound shall be designed to accommodate at least three (3) providers.

E.

Availability of suitable existing structures for collocation. No new tower, except amateur radio towers, shall be permitted unless the applicant demonstrates that no existing tower or existing alternative tower structure can accommodate the proposed antenna. All evidence submitted shall be signed and sealed by appropriate licensed professionals or qualified industry experts. Evidence submitted to demonstrate that no existing tower or structure can accommodate the proposed antenna shall consist of one (1) or more of the following:

1.

That no existing towers or suitable alternative tower structures are located within the geographic antenna placement area required to meet the applicant's engineering requirements;

2.

That existing towers or structures are not of sufficient height to meet the applicant's engineering requirements;

3.

That existing towers or structures do not have sufficient structural strength to support the applicant's antenna and related equipment;

4.

That the applicant's proposed antenna(s) would cause electromagnetic interference with the antenna(s) on the existing towers or structures, or the antenna on the existing tower or structures would cause interference with the applicant's proposed antenna;

5.

That the cost or contractual provisions required by the tower owner to share an existing tower or structure, or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable; or

6.

That the applicant adequately demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

F.

Alternative options for collocation. If it is adequately demonstrated that antenna collocation as required above, is not possible for a given geographic antenna placement area, the following options are allowed if approved by the County Planning Commission. However, all such options shall comply with all applicable requirements of Section 5.05.00 and this ULDC as well as all other applicable codes and ordinances.

1.

Constructing a new tower, including the placement of additional building or other supporting equipment used in connection with said tower or antenna provided however, that all structures shall meet the setback, screening, and buffer requirements contained herein, and are located a minimum distance of one hundred ten (110) percent of the height of the tower from any residentially zoned property.

2.

Installation of an antenna on an existing structure other than a tower (such as a building, sign, light pole, water tower, or other freestanding nonresidential structure) that is fifty (50) feet in height or greater, if the additional antenna height adds no more then twenty (20) feet to the height of the existing structure, subject to the special review provisions of Section 5.05.04(C).

G.

Aesthetics. The guidelines set forth in this section shall govern the design and construction of all towers and the installation of all antennas.

1.

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

2.

At all tower sites, the design of all buildings and related structures shall use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and building environment.

3.

For antennas installed on a structure other than a tower, the antenna and supporting electrical and mechanical ground equipment shall be of a neutral color to make the antenna and related equipment visually unobtrusive.

4.

Towers shall not be artificially lighted, unless required by the FAA or applicable authority. If lighting is required, such lighting shall be of a design that causes the least disturbance to the surrounding views.

5.

Towers shall not be located where they will negatively affect historic structures or districts, or scenic view corridors.

H.

Signage. Telecommunications facilities shall contain a sign no larger than four (4) square feet to provide adequate notification to persons in the immediate area of the presence of an antenna that has transmission capabilities. The sign shall contain the name(s) of the owner(s) and operator(s) of the antenna(s) as well as emergency phone numbers. The sign shall be located to be visible from the access point of the site. The sign shall not be lighted. No other signage, including advertising, shall be permitted on any telecommunication facilities, antennas, antenna supporting structures, or antenna towers, unless otherwise required by law.

I.

Setbacks. The following setback requirements shall apply to all towers:

1.

Towers/antennas shall be set back a minimum distance equal to one-third (⅓) of the height of the tower from its base to any public right-of-way or property line of the lot or parcel containing the tower.

2.

Guy wires and accessory buildings and facilities shall meet the minimum accessory use location and setback requirements prescribed for the zoning district in which the tower is proposed.

J.

Security fencing and anti-climbing devices. All towers and supporting equipment shall be enclosed by fencing not less than seven (7) feet in height and shall be equipped with appropriate anti-climbing devices. Fencing shall be of chain link, wood, or other alternative as approved by the Board of Commissioners.

K.

Landscaping. The following landscaping requirements shall apply to all towers with the exception that the Director of Planning and Development shall have the authority to waive the following landscaping requirements when such tower sites are located in an undeveloped natural vegetated area having sufficient vegetation to effectively screen the view of the tower compound:

1.

Tower facilities shall be landscaped with a landscaped area of plant materials which effectively screen the view of the tower compound. Landscaped areas shall be a minimum of ten (10) feet in width and located outside the fenced perimeter of the compound. Landscaped areas shall satisfy the minimum design and planting requirements for buffers set forth in Section 4.07.06.

2.

Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. Where natural vegetation around the perimeter of the site provides an adequate visual screen, an undisturbed buffer may be utilized.

3.

It shall be the responsibility of the owner/tenant to keep all landscaping material (as part of the landscaped area) free from disease and properly maintained in order to fulfill the purpose for which it was established. The owners of the property, and any tenant on the property where buffers and landscaping are required, shall be jointly and severally responsible for the maintenance of all landscaping materials. Such maintenance shall include all actions necessary to keep the buffer and landscape areas free from litter and debris, to keep plantings healthy, and to keep planting areas neat in appearance. Any vegetation that constitutes part of the buffer or landscaping shall be replaced in the event it dies.

L.

Noise. No equipment shall be operated at a telecommunication tower to produce noise which would constitute a nuisance based on local or state laws, except in emergency situations requiring the use of a backup generator, where the noise standards may be exceeded on a temporary basis, not to exceed fourteen (14) days. No generator shall be used for regular operations prior to commercial power being delivered to the site.

M.

Telecommunication facilities shall be constructed in accordance with the standards in the latest edition of the following publications:

1.

Construction standards for telecommunications towers, published by the Electronic Industries Association.

2.

"Minimum Design Load for Buildings and Structures," published by the American Society of Civil Engineers.

3.

"Guide to the Use of Wind Load Provisions," published by the American Society of Civil Engineers.

4.

Building and technical codes adopted by Gordon County.

N.

Where antennas are attached to existing structures, the structure and antennas shall be screened with architectural elements or integrated into architectural elements. Examples of appropriate stealth techniques include elements such as chimneys, spires, steeples, or cupolas. Screening or other elements may be proposed, so long as the result is an integration of the antenna and any supporting structure into the existing building design features.

O.

Telecommunication facilities shall be continually maintained incompliance with the standards set forth in Section 5.05.00. If, upon inspection, the County Administrator concludes that a tower fails to comply with all applicable codes and standards, or constitutes a danger to persons or property, written notice shall be provided to the owner, tenant, or permit-holder of the tower. Said party shall have fifteen (15) days to bring the telecommunication facility into compliance with such standards. Failure to bring the telecommunication facility into compliance shall result in removal of the facility. Prior to the removal of any facility, the County Administrator may consider detailed plans submitted by the owner, tenant, or permit-holder for repair, and may grant a reasonable extension of the above referenced compliance period. Any such removal by the governing authority shall be in the manner provided in O.C.G.A §§ 41-2-7 through 41-2-17.

5.05.06   Removal of Abandoned Towers

Any tower or antenna that is not operated for a continuous period exceeding twelve (12) months shall be considered abandoned and the owner of such antenna or tower shall remove the structure and return the site back to its original condition within ninety (90) days of receipt of notice from the County Administrator notifying the owner of such abandonment. Foundation components shall be removed to a minimum depth of twenty-four (24) inches below original grade. If said tower or antenna is not removed within said ninety (90) days, the governing authority may, in the manner provided in O.C.G.A. §§ 41-2-8 through 41-2-17, remove such antenna or tower at the owner's expense. If there are two (2) or more users of the single tower, then this provision shall not become effective until all users cease utilizing the tower.