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Greene County Unincorporated
City Zoning Code

ARTICLE IX

SPECIAL PROVISIONS

Sec 9.1 Recreational Vehicle Parks

9.1.1 Direct access. All recreational vehicle parks should be located with direct access to a paved city, county, state or federal highway. It is the responsibility of the applicant to provide the necessary access where there is no existing improved street or road connecting the recreational park site with an improved existing public street or road. Any street or road improvement required beyond the boundary of the recreational vehicle park shall be improved in accordance with the Greene County Subdivision Regulations. Entrances and exits to parks shall be designed for safe and convenient movement of traffic into and out of the park. No material impediment to visibility shall be created or maintained which obscures the view of an approaching driver. All traffic in and out of the park shall be through such entrances and exits. No entrance or exit shall be through a residential district.

9.1.2 Spaces. Spaces in recreational vehicle parks may be used by recreational vehicles, provided they meet any additional laws and ordinances of Greene County and shall be rented by the day or week only, and an occupant of such space shall not remain in the same recreational vehicle park space for a period of not more than thirty (30) days.

9.1.3 Site conditions. Conditions of soil, groundwater level, drainage, and topography shall not create hazards to the property or the health and safety of the occupants. The site shall not be exposed to objectionable smoke, noise, odors, or other adverse influences, and no portion subject to unpredictable and/or sudden flooding, subsidence, or erosion shall be used for any purpose which would expose persons or property to hazards.

9.1.4 Soil and ground cover. Exposed ground surfaces in all parts of the park shall be paved, or covered with stone screenings, or other solid materials, or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating objectionable dust.

9.1.5 Drainage requirements. Surface drainage plans for the entire tract must be submitted with the application to determine its compatibility with the surrounding existing drainage pattern.

9.1.6 Minimum park size. The minimum park size shall be ten (10) acres with a maximum density of ten (10) campsites per acre.

9.1.7 Campsite development. Campsites should, to the greatest extent possible, be developed to preserve the natural character of the lot and the surrounding area. Each campsite shall contain a stabilized vehicular parking pad of shell, marble, paving, or other, suitable material. No part of an RV or other unit placed on a campsite shall be closer than five (5) feet to a site line.

9.1.8 Separation between recreational vehicles. Recreational vehicles shall be separated by at least ten (10) feet. Any accessory structure such as attached awnings, for purposes of this separation requirement will be considered to be part of the RV.

9.1.9 Parking requirements. There shall be at least three (3) off-street parking spaces designated in the RV park for each two (2) RV sites. Off-street parking may be provided in common parking areas or on individual RV sites.

9.1.10 Accessory uses. Management headquarters, recreational facilities, toilets, dumping stations, showers, indoor laundry facilities and other uses and structures customarily incidental to operation of an RV park and campground are permitted as accessory uses to the park.

  1. Such establishments and the parking areas primarily related to their operation shall not occupy more than 5 percent of the gross area of the park.
  2. Such establishments shall be restricted in their use to occupants of the park.
  3. Such establishments shall present no visible evidence from any street outside the park of their commercial character which would attract customers other than occupants of the park.
  4. The structures housing such facilities shall not be located closer than one hundred (100) feet to any public street and shall not be directly accessible from any public street, but shall be accessible only from a street within the park.

9.1.11 Open space and recreational areas. A minimum of eight percent (8%) of the gross site area for the RV park shall be set aside and developed as common use areas for open or enclosed recreation facilities.

9.1.12 Yards and setbacks. Each RV park shall have a landscaped perimeter buffer which shall be used for no other purpose:

  1. Minimum front setback—Twenty-five (25) feet from the front property line except when the park fronts on a state highway; then the minimum shall be fifty (50) feet.
  2. Minimum side setback—When abutting residential districts, the side setbacks shall be fifty (50) feet from the property line; when abutting a dedicated right-of-way, the side setback shall be twenty-five (25) feet; when abutting any other zoning district, the side setback shall be twenty (20) feet.
  3. Minimum rear setback—Twenty (20) feet except when the rear yard abuts a dedicated public right-of-way, the minimum shall be twenty-five (25) feet. If the rear yard abuts a residential district, the minimum rear setback shall be fifty (50) feet.

9.1.13 Landscaping. When needed to enhance aesthetics or to insure public safety, the RV park shall be enclosed by a fence, wall, landscape screening, earth mounds, or by other designs approved by the Zoning Administrator which will complement the landscape and assure compatibility with the adjacent environment.

9.1.14 Streets in RV parks. Streets in RV parks shall be private, constructed with a paved travel way and meet the following minimum travel way width requirements:

  1. One-way, no parking: Fourteen (14) feet;
  2. One-way with parking on one side, or two-way with no parking: Eighteen (18) feet;
  3. Two-way with parking on one side: Twenty-six (26) feet;
  4. Two-way with parking on both sides: Thirty-four (34) feet.

9.1.15 Buffers. As for manufactured home parks, buffer areas may be required in developed areas and areas projected for future growth.

9.1.16 Adequate lighting. Recreational vehicle parks shall be adequately lighted with outdoor lighting located every two hundred (200) feet along interior access roads. The first light shall be within one hundred (100) feet from the entrance to the RV park.

9.1.17 Certificate of approval. In addition to meeting the above requirements, the recreational vehicle park site plan shall be accompanied by a certificate of approval from the Greene County Health Department.

(Ord. of 12-8-2020, § 1(Exh. A))

Sec 9.2 Individual Manufactured Homes And Mobile Homes

9.2.1 Individual mobile homes or individual manufactured homes. Individual mobile or manufactured homes not meeting the definition of Dwelling, Single-Family, shall comply with the following and other applicable sections of this ordinance:

9.2.1.1 Limitations. Any pre-owned mobile home or manufactured home, as defined in this ordinance, intended for use as a residential dwelling shall be required to meet the requirements of the Greene County Ordinance for the Minimum Health and Safety Standards for Pre-Owned Manufactured Homes if the unit is to be moved into or to another location within Greene County.

The attachment of a mobile or manufactured home to an existing mobile or manufactured home is permitted only if both units were engineered and manufactured for such attachment.

9.2.1.2 Building and occupancy permits. Building and Occupancy Permits issued by the Greene County Building Official or his/her authorized agent are required for any mobile or manufactured home:

  1. That is hereafter located to Greene County;
  2. That is moved from one location to a second location within the county where that manufactured housing unit will house persons or property;
  3. Which has not been occupied within the preceding six (6) months;
  4. That there is a change in use of the manufactured housing unit; or
  5. If the mobile or manufactured home is added to or structurally altered 100 sq. ft. or more.

9.2.1.3 Application requirements for building and occupancy permits for mobile or manufactured homes. An application for permits for location and occupancy of a mobile or manufactured home is required to be filed by the owner or the owner's agent in the office of the Greene County Building Official before a Building or Occupancy Permit is issued.

A building permit shall not be issued for a mobile home containing aluminum wiring.

Prior to issuing a building permit, it is unlawful to move, locate, relocate, erect or make utility connections of any kind to a mobile or manufactured home in unincorporated Greene County.

All mobile and manufactured homes must be registered with the Greene County Tax Commissioner and approval of the septic system by the Greene County Health Department must be obtained before an Occupancy Permit can be issued.

Prior to issuing an occupancy permit it is unlawful to occupy or otherwise use as a residence a mobile or manufactured home in unincorporated Greene County.

The permit application shall describe the mobile or manufactured home as to size, dimension, year, model, the zoning district and tax map and parcel number of the planned location of the mobile or manufactured home, the intended use of the mobile or manufactured home, the name of the owner and the name of the intended occupants, and the source of water and type of waste disposal system. A site plan showing the location of the mobile or manufactured home, water source, septic tank and the primary and alternate drain field will be included with the permit application.

If the intended use of the mobile or manufactured home is as an accessory use, hardship use or farm caretaker, then details of such proposed use shall be provided by the applicant.

Mobile and manufactured homes shall be provided with prefabricated or permanent stairs and a minimum three (3) feet × three (3) feet landing, constructed of pressure treated lumber, masonry or metal sufficient to provide safe ingress and egress from two (2) exterior doors of the unit. Individual or larger landings shall be permitted and meet Greene County building codes. All mobile and manufactured homes must be underpinned by a permanent foundation; and meet all other applicable state and county statutes, regulations and ordinances.

9.2.1.4 Temporary usage. A manufactured home may be used as an office in a subdivision, by a contractor during construction or development. In other than a subdivision, a manufactured home may be used as a temporary residence during the reconstruction of a permanent residence which has been destroyed by fire, natural disaster or condemnation. All of the above uses must be requested in writing, be for a period not to exceed twelve (12) months, and have written approval of the Zoning Administrator. The Zoning Administrator may extend the twelve (12) month period one time where necessary for up to an additional six (6) month period.

Manufactured homes may be permitted on a lot in the A1 and A2 zoning districts which contains another residential dwelling in the case of medical hardship provided:

  1. The requirements of Article VIII are met;
  2. All setback requirements are met;
  3. There is only one such use per lot;
  4. A special permit is issued by the Zoning Administrator. The permit must be renewed annually upon presenting sufficient evidence of such medical hardship as stated in the original application still exists; and
  5. When the medical hardship originally applied for no longer exists, the Zoning Administrator will be so notified by the property owner, the special permit will be withdrawn and the manufactured home removed from the property within sixty (60) days of the permit withdrawal date or expiration date, whichever occurs first. The Zoning Administrator is authorized to extend the sixty (60) day limit one time for an additional sixty (60) days for sufficient cause.

9.2.1.5 Accessory buildings. A mobile or manufactured home may be used as an accessory building in the A1 and A2 zoning districts provided:

  1. All appliances, beds, lavatories and furniture have been removed;
  2. No more than one such building is permitted per lot or parcel;
  3. The building is located between the principal building (or any other structure used as a residence) and the rear of the lot, but no closer than one hundred fifty (150) feet from the centerline of the street providing access to the lot or parcel;
  4. The building meets the side and rear lot setbacks of the district where located;
  5. The building's physical condition is in keeping with other such accessory buildings in the surrounding area;
  6. The building is supported and tied down and underpinned by a permanent foundation in such a manner as not to present a safety or health risk as determined by the Building Official, but in no case shall there be less than three (3) diagonal (frame) ties on each side or two (2) over the roof ties, properly anchored;
  7. Any required electrical connection to an outside power source must be inspected and approved by the Building Official or his/her authorized agent;
  8. The building, if observable from any street, requires a vegetative buffer to be planted between the street and building; and
  9. The building is not used for human occupancy.

9.2.2 Manufactured home subdivisions/manufactured home parks. Manufactured home subdivisions and manufactured home parks hereafter developed or expanded either by an increase in acreage or in the number of dwelling units must comply with the Greene County Subdivision Regulations and this ordinance.

(Ord. of 12-8-2020, § 1(Exh. A))

Sec 9.3 Manufactured Homes Parks

9.3.1 Park development criteria. Manufactured home parks, as defined in this ordinance, including additions of acreage to existing manufactured home parks or replacement of individual housing units within existing manufactured home parks must adhere to the following criteria.

9.3.1.1 Minimum lot area per park shall be ten (10) acres; minimum lot width for portion used for entrance and exit shall be one hundred (100) feet; and minimum lot street frontage shall be one hundred (100) feet.

9.3.1.2 Minimum lot area for each manufactured home space or stand shall be eight thousand nine hundred (8,900) square feet and minimum yard setbacks shall be as follows: front yard - twenty (20) feet; side yard - twenty (20) feet; and rear yard - twenty (20) feet. Front yard setback is in addition to square footage required for installation of required deck, and landing or patio. Buffers shall not be included in minimum lot area.

9.3.1.3 There shall be a maximum of three and one-half (3 1/2) manufactured home units per acre.

9.3.1.4 Each manufactured home lot shall be provided with a driveway that is at least ten (10) feet wide and is connected to the interior street. Each manufactured home lot driveway shall be sufficient in length and width to serve as two (2) off-street parking spaces. Driveways at least twenty (20) feet wide shall also be provided to service buildings and recreation buildings or areas.

9.3.1.5 Each manufactured home unit shall be served by either individual refuse containers or dumpster(s), the contents of which shall be emptied at least once a week into a state approved sanitary landfill. Where the manufactured home unit is served by individual refuse containers, each manufactured home unit shall be provided with stands to hold the individual refuse containers and said containers shall be screened from conspicuous view. If the manufactured home unit is provided with a dumpster, said dumpster shall be screened from conspicuous view. One (1), six (6) cubic yard dumpster shall be provided for each one hundred fifteen (115) persons living in the Manufactured Home Park, said dumpster shall be screened from conspicuous view. The determination of the number of dumpsters required shall be based on the following ratio; 2.5 persons per single-section unit; 4 persons per each multi-section unit.

9.3.1.6 The owner of the manufactured home park shall provide each individual manufactured home with either a patio or deck with minimum dimensions of ninety-six (96) square feet adjacent to at least one (1) of said manufactured home's entrances. Each manufactured home shall be provided with prefabricated or permanent stairs with a minimum three (3) feet x three (3) feet landing, constructed from pressure treated lumber, masonry or metal sufficient to provide ingress and egress from two (2) exterior doors of the manufactured home unit. Individual or larger landings shall be permitted and meet Greene County building codes. Loose, stacked steps are strictly prohibited.

9.3.1.7 The manufactured home must be supported by piers as prescribed by the Georgia Safety Fire Commissioner (See O.C.G.A. § 8-2-160 et seq.) or manufacturer's instructions, whichever is more stringent. The foundation must be enclosed by a permanent foundation.

9.3.1.8 Except as otherwise provided, lands comprising at least ten (10) percent of the total usable area to be subdivided shall be reserved for parks, playgrounds, and/or recreational purposes in a location with suitable park resident access within a manufactured home park.

9.3.1.9 All property proposed for open space shall be: (1) shown on the plan, and (2) located as to be free of traffic hazards.

9.3.1.10 All streets within the manufactured home park shall be paved and lighted and lights shall be spaced at a minimum of two hundred (200) foot intervals. The first light shall be within one hundred (100) feet from the entrance to the manufactured home park.

9.3.2 Buffers.

9.3.2.1 A minimum buffer strip of at least twenty (20) feet in width shall be located adjacent to each exterior property line of the manufactured home park. The buffer strip shall not be included within any individual manufactured home lot. This buffer strip shall be increased to a total width of forty (40) feet when the manufactured home park is located adjacent to single-family residences.

9.3.2.2 The required buffer strip shall be planted in the setback area and shall consist of evergreen trees and/or shrubs which will normally obtain a height of eight (8) feet within three (3) years. Maintenance of the buffer strip shall be the responsibility of the property owner. Dead trees or shrubs used in the buffer area shall be replaced by the property owner no later than the next spring or fall planting season but no later than twelve (12) months from notification by the Zoning Administrator.

9.3.2.3 If the buffer area is naturally wooded, then it shall be left in its natural state. If not, the buffer area, shall be planted with trees to further diffuse from sound, light transmission, and visual impact. The required planting area shall be planted in such a manner as to preserve the natural topography of the land and the natural growth. If the natural growth is too dense to allow for preferred growth, the natural growth shall be thinned. Under all circumstances, diseased, dangerous or decayed growth shall be removed.

9.3.2.4 Any grading, improvements or construction adjacent to the buffer shall be conducted far enough from the buffer area so as not to disturb or encroach upon said buffer area.

9.3.3 Park landscaping. Each manufactured home park shall be landscaped with trees, ground covers, and exterior screen plantings in accordance with a landscape plan submitted with the preliminary plat and approved.

9.3.4 Lot rental. No lot shall be rented for residential use of a manufactured home in any park except for periods of thirty (30) days or more, and no manufactured home shall be admitted to any park unless it can be demonstrated that it meets the requirements of any additional laws and regulations of the governing authority.

9.3.5 Required improvements. In every manufactured home park, the following street improvements and utilities shall be planned for and provided by the developer, by installation prior to the approval of the manufactured home park and shall also meet the requirements of the Greene County Subdivision Regulations.

9.3.5.1 All streets shall be named and marked with signs and all individual manufactured home lots shall be marked by a number. Individual manufactured home lot numbers shall be consecutive and in accordance with the numbering system established by the Greene County numbering system. Street names and lot numbers for the manufactured home park shall be noted on the final plat and said plat shall be delivered by the park owner to Greene County public service and emergency agencies governing the area in which the manufactured home park is located. Street signs and lot number signs shall be maintained by the park owner.

9.3.5.2 Sanitary sewer lines shall be provided to each manufactured home unit if said unit is located within a reasonable distance to an existing trunk line or central septic system at the time of development of the manufactured home park. If said manufactured home unit is not located within a reasonable distance to an existing trunk line, central septic tanks, or other approved individual sewage disposal system such system shall be installed by and at the expense of the developer in conformity with the requirements of the Greene County Health Department for interim use by each manufactured home.

9.3.5.3 Water lines with connection to each individual manufactured home unit if said unit is located within a reasonable distance to an existing trunk line at the time of development of the park. If said manufactured home unit is not located within a reasonable distance to an existing trunk line the developer shall provide an individual water outlet for each manufactured home in conformity with the requirements of the Greene County Health Department for interim use.

(Ord. of 12-8-2020, § 1(Exh. A))

Sec 9.4 Manufactured Home Installation

9.4.1 Installation. All manufactured homes, located to or moved within Greene County, Georgia, at or after the adoption of this ordinance shall be installed and permitted by a licensed installer as required by O.C.G.A. § 8-2-164, and in accordance with the applicable manufacturer's installation instructions, specifically including, without limitation, correctly installed tie-downs and anchors. In the absence of such instructions, installations shall be performed in accordance with the applicable rules and regulations adopted by the Georgia Safety Fire Commissioner. (See O.C.G.A. § 8-2-160 et seq.)

9.4.2 Penalties for improper installation. Failure by the owner of a manufactured home to obtain and utilize tie downs and anchors for his manufactured home or modular home placed in Greene County, Georgia, after the effective date of this ordinance shall constitute a misdemeanor, punishable by a fine of not more than $500.00.

9.4.3 Home orientation. All manufactured homes are subject to the following conditions:

9.4.3.1 No manufactured home shall be located within thirty (30) feet of any permanent type of building.

9.4.3.2 The manufactured home unit must be located on a permanent foundation that completely encloses the undercarriage, and the unit must be connected to water and sewerage in compliance with the applicable ordinance of Greene County.

9.4.3.3 All manufactured homes shall meet the adopted building, gas, plumbing, electric, and other codes and ordinances of Greene County, Georgia.

9.4.3.4 No manufactured home shall be allowed to be occupied in Greene County, Georgia, unless it bears an insignia issued by the United States Department of Housing and Urban Development, and the Building Official or his/her authorized agent of Greene County, Georgia, finds that the manufactured home is in compliance with all Greene County, Georgia building codes, housing codes, mechanical codes, plumbing codes, gas codes, electrical codes, fire prevention codes and all ordinances of Greene County, Georgia.

However, a manufactured home that has been continuously and legally located in Greene County, Georgia shall be allowed to remain if the following conditions are met:

  1. All ad valorem taxes on the manufactured home have been timely paid in full;
  2. The Building Official or his/her authorized agent of Greene County, Georgia finds that the manufactured home is in compliance with all applicable federal, state, and local codes.

9.4.3.5 Non-conformance. Any manufactured home which does not meet the requirements in the above paragraphs shall be removed after receipt of notice of its non-conformance from the Zoning Administrator.

(Ord. of 12-8-2020, § 1(Exh. A))

Sec 9.5 Townhouses, Condominiums, Apartments, And Multi-Family Dwellings

9.5.1 Townhouses and condominiums.

9.5.1.1 No more than ten (10) nor fewer than three (3) continuous townhouses or condominiums shall be built in a row with approximately the same front line. Density shall not exceed eight (8) dwelling units per acre of buildable land and no more than fifty (50) percent of the lot area shall be occupied by dwelling units and accessory buildings.

9.5.1.2 Except in the PUD and CPUD zoning districts, front yard shall be no less than twenty (20) feet in depth from the street right-of-way of a minor or local residential street, including cul-de-sacs, and where the parking is not directly in front of each dwelling unit. If the parking for the dwelling unit is in front of the dwelling unit, front setback shall conform to Article VIII. Corner lots shall have the same side yard as established in Article VIII, and the end buildings in any townhouse or condominium grouping shall conform to the side yard requirements of that district. Each townhouse shall have its own lot yard at least twelve (12) feet in depth that is private and reasonably secluded from view from the streets or from neighboring property, including adjacent townhouses. Such yard shall not be used for any accessory building.

9.5.1.3 Reserved.

9.5.1.4 Insofar as practicable, off-street parking facilities shall be grouped in bays, either adjacent to streets or in interior blocks; and no off-street parking space shall be more than one hundred (100) feet by the most direct pedestrian route from a door of the dwelling unit it intends to serve. All parking shall be paved.

9.5.1.5 All townhouse or condominium complexes shall be served by a sanitary sewer system and a central water system adequately sized to supply fire hydrants. No other means of waste disposal shall be permitted or authorized.

9.5.1.6 All other requirements within the district in which the townhouses are located shall apply.

9.5.1.7 A preliminary plat prepared in ink or pencil on a reproducible medium shall be submitted to the Zoning Administrator prior to any building construction.

The preliminary plat shall illustrate the ultimate development of the entire plat owned by the applicant and shall identify the section for which formal plat approval will initially be requested. The preliminary plat shall be prepared at a scale of one (1) inch equal one hundred (100) feet and shall, at a minimum, include the following:

  1. Development name if within an existing development.
  2. Proposed name, if not within a previously platted development.
  3. Name, address, and telephone number of legal owner or agent of the property.
  4. Name, address, and telephone number of registered professional responsible for development design, design of improvements, and for survey.
  5. Date, scale, and north arrow.
  6. Vicinity map including zoning classification of all adjacent parcels.
  7. Total acreage.
  8. Location of existing property lines, major easement/right-of-way, required setbacks, watercourses, drainage areas and ditches, and distinctive natural features.
  9. Existing buildings and roads.
  10. The location of all proposed buildings, the number of dwelling units per building, the square footage of each building, the square footage of each dwelling unit, and all proposed roads.
  11. The location of flood hazard areas as taken from FEMA, FIRM or HUD maps. Where no such map exists, Soil Conservation Service maps may be used.
  12. Statement of proposed water/sewer supply or collection method.
  13. Information and data relating to surface water runoff as it effects storm water drainage and impact on adjacent areas.
  14. If development is to be located in the Watershed Protection District, the percentage of impervious surface must be shown.

9.5.1.8 All townhouse or condominium complexes must receive approval of construction drawings from the Zoning Administrator prior to any grading, construction, or installation of improvements.

9.5.2 Apartments and multi-family dwellings.

9.5.2.1 Density of apartments and multi-family dwellings shall not exceed ten (10) units per acre of buildable land.

9.5.2.2 All parking shall be off-street parking and shall be grouped in bays, either adjacent to the street or in interior blocks. The developer shall demonstrate that distances from parking to the units have been taken into consideration in the overall design of the project. All parking shall be paved.

9.5.2.3 All streets, drives or alleys in the development shall have a pavement width of twenty (20) feet, and have a bituminous, concrete surface, or asphalt surface.

9.5.2.4 Except for PUD and CPUD zoning districts, the minimum building setback shall be the minimum setback for the district in which the multi-family dwellings or apartments are located, provided that if required parking is in the front of the multi-family dwellings or apartment, then the building setback shall be twenty-five (25) feet from street right-of-way.

9.5.2.5 All other requirements within the districts in which the apartments and multi-family dwellings are located shall apply.

9.5.2.6 All apartments and multi-family dwellings shall be required to tie into a sanitary sewer and central water system adequately sized to supply fire hydrants. No other method of waste disposal shall be authorized or permitted.

9.5.2.7 All apartment and multi-family dwellings must receive approval from the Zoning Administrator prior to any building construction.

9.5.2.8 All apartments and multi-family developments must meet the buffer requirements of Section 6.7.7.

(Ord. of 12-8-2020, § 1(Exh. A))

Sec 9.6 Accessory Buildings, Accessory Structures, And Temporary Buildings

9.6.1 Accessory buildings. Attached and detached accessory buildings must meet the following requirements:

9.6.1.1 No storage trailer shall be used as a temporary or accessory structure except in an emergency as determined by the Zoning Administrator.

9.6.1.2 No temporary or permanent living or sleeping quarters are permitted in a structure that is a basement without a house above. No temporary or permanent living or sleeping quarters are permitted in a garage unless it is attached to a dwelling and meets codes and ordinances pertaining to same.

9.6.1.3 Setbacks and building heights. A detached accessory building shall meet all requirements of Section 8 Article VIII. For structures to be constructed near a setback line, a surveyor shall be utilized to establish the property and setback lines prior to construction.

9.6.1.4 No detached garage and/or accessory building, or portion thereof, may be built upon a public easement.

9.6.2 Attached accessory buildings. The location of attached accessory buildings and uses in residential and commercial districts must meet the following requirements:

9.6.2.1 Where an accessory building is attached to the main building, a substantial part of one wall of the accessory building shall be an integral part of the main building or such accessory building shall be attached to the main building in a substantial manner by a roof, and therefore meet requirements applicable to the main building.

9.6.3 Detached accessory buildings. The location of detached accessory buildings and uses in residential and commercial districts must meet the following requirements:

9.6.3.1 All non-residential lots located in districts other than the A1 district, and Homestead Compound lots and Homestead Farm lots in the PUD district:

  1. Accessory buildings shall not be built on lots without a principal building except may be built before a dwelling when both are submitted together for a building permit and a surety bond is submitted and approved by the Building Official.
  2. A detached accessory building in a B1, B2, and OI district, shall not be more than two (2) stories in height or the height of the principal building, whichever is less.

9.6.3.2 Residential lots.

  1. Other than the agricultural district A-2, mobile or manufactured homes shall not be used as accessory buildings on commercial or residential lots.
  2. The accessory buildings must maintain an architecturally compatible appearance and shall not produce impacts detrimental to adjacent properties as a result of traffic, noise, light, refuse, parking or other activities.
  3. Guest houses. Guest houses shall comply with the following:
    1. Guest houses are permitted only as a conditional use.
    2. No more than one guest house shall be located on any lot.
    3. Maximum Floor Area. The gross building floor area of the guest house may not exceed 50 percent of the floor area of the main house (principal building).
    4. Use. Guest houses 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.
  4. Accessory buildings shall not be built on lots without a dwelling except may be built before a dwelling when both are submitted together for a building permit and a surety bond is submitted and approved by the Building Official.
  5. No accessory building shall be utilized unless the principal structure is occupied. No accessory building shall be used for any type of human habitation except for guest houses.
  6. Other than the agricultural district A-2, residential accessory buildings and structures such as garages, greenhouses or workshops, shall not be rented or occupied for commercial purposes.
  7. Detached Accessory Buildings to Front Side of Principal Building shall comply with the following requirements:
    1. Structure shall comply with front setback requirements in Section 8 Article VIII.
    2. Detached accessory buildings within 30 feet of the principal building must be of like exterior materials, and design as the principal building.
  8. The total square footage of a detached accessory building shall not exceed the square footage of the principal structure.
  9. Number of detached accessory buildings. The number of detached accessory buildings shall be limited to:

    Lot Size
    Max. Number
    Less than 2 ac.
    3
    At least 2 ac., but less than 5 ac.
    4
    At least 5 ac., but less than 10 ac.
    6
    More than 10 ac.
    6 for every 10 ac.
    The maximum number count does not include in the count well/pump houses, dog houses, playhouses consisting of 70 square feet or less, or open air structures provided that no such structure has constructed finished floor area exceeding two hundred (200) square feet.

9.6.4 Accessory structures. Accessory structures must meet the following requirements:

Lot SizeMax. Number
Less than 2 ac.
3
At least 2 ac., but less than 5 ac.
4
At least 5 ac., but less than 10 ac
6
More than 10 ac.
6 for every 10 ac.

9.6.4.1 Accessory structures requiring a building permit. The following structures do require a Building Permit and shall not be permitted to encroach within required setbacks:

  1. Pergolas, trellises and arbors.
  2. Decks.
  3. Swimming pools and spas.
  4. Fire pits, outdoor fireplaces and grills - must meet all setback requirements.

9.6.4.2 Accessory structures not requiring a building permit. The following uses do not require a Building Permit:

  1. Tennis courts and other fenced recreational courts.
  2. Decks not exceeding two hundred (200) square feet in area, that are not more than 30 inches above grade at any point, are not attached to a dwelling and do not serve the entrance or exit door of a structure.
    1. One story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed two hundred (200) square feet.
    2. Fences seven (7) feet or less in overall height.
    3. Retaining walls that are not over four (4) feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.
    4. Prefabricated swimming pools that are less than twenty-four (24) inches deep.
    5. Painting, papering, tiling, carpeting, cabinets, counter tops, and similar finish work.
    6. Sidewalks and driveways.
    7. Water tanks supported directly upon grade if the capacity does not exceed five thousand (5,000) gallons and the ratio of height to diameter or width does not exceed 2 to 1.
    8. Dock renovations and/or new installations less than $2,500.00 dollars.
    9. The following accessory structures are permitted to encroach within required setbacks, unless specifically provided for in this section.
      1. Gardens, wood piles or landscape materials.
      2. Uncovered patios, driveways and other paved areas.
      3. Fences and landscape walls - see § 9.6.4.3.
      4. Basketball hoops provided they are installed outside of the right-of-way and any temporary road or cul-de-sac easements. No such basketball goal shall be erected in such a manner that the play area for the basketball goal is located within any portion of a public right-of-way.
      5. Mail boxes and newspaper tubes.
      6. Non-fenced recreational courts.
      7. Statuary or art objects less than 3 feet tall.
      8. Swing sets, trampolines and similar recreational equipment.
      9. Freestanding air conditioning or heating units or backup generators.
      10. Bird baths.
      11. Well houses.

(9.6.4 Fences and walls deleted in its entirety per 7/11/2023 amendment)

9.6.5 Temporary buildings and structures.

9.6.5.1 Temporary structures shall include storage units, trailers, tents, and construction dumpsters.

9.6.5.2 Temporary buildings, or structures or trailers used in conjunction with construction work shall not be permitted on any residential lot except the agricultural district A-2.

9.6.5.3 Temporary construction equipment, materials and dumpsters used in conjunction with construction work, maintenance or repair on site shall be permitted only during construction activity occurring on the property and shall immediately be removed upon completion of the work.

9.6.5.4 Temporary buildings and structures shall not be used for a residential purpose and shall be removed immediately upon completion of construction.

9.6.5.5 No flammable or explosive materials may be stored in the temporary buildings or structures.

9.6.5.6 No temporary building or structure shall be used to store materials related to an off premise business or a home occupation except in the agricultural districts.

9.6.5.7 Temporary outdoor storage units are prohibited from being placed within the right-of-way, on the frontage of a property, or in any temporary road or cul-de-sac easements. Units must be kept in the driveway, or on a paved surface, at the furthest accessible point from the street, or as otherwise approved by the Building Official.

9.6.5.8 Tents.

  1. Tents shall be in compliance with the International Fire Code.
  2. Tents and membrane structures having an area in excess of 400 square feet shall not be erected, operated or maintained for any purpose without first obtaining a permit and approval from the Fire Code Official.

    Exceptions.
    1. Tents used exclusively for recreational camping purposes.
    2. Tents open on all sides which comply with all of the following:
      1. Individual tents having a maximum size of 700 square feet.
      2. The aggregate area of multiple tents placed side by side, but without a fire break clearance of 12 feet, not exceeding 700 square feet total.
      3. A minimum clearance of 12 feet to all structures and other tents.
      4. Regardless of size, tents to be used for greater than 10 consecutive days shall require a special use permit.
      5. Erection of tents shall be completed no more than forty-eight (48) hours before the event is scheduled to occur.
      6. Removal of tents shall be completed within forty-eight (48) hours after event, weather permitting.
      7. Tents shall not encroach on any established setback lines.
      8. Any event shall have adequate parking and sanitation facilities available as determined by the Building Official.
      9. Additional requirements for tents on residential lots except the agricultural district A-2:
        1. Use is restricted to one event per calendar year. Approved uses are weddings and wedding receptions, family reunions, holiday celebrations, private parties.
        2. Sale of food or beverages at the event is not permitted.
        3. Tents shall not be used for any commercial purpose.
        4. The event shall not exceed 50 people.
      10. Additional requirements for tents:
        1. Tents shall not be erected on any road rights-of-way without a Special Use Permit.

(Ord. of 12-8-2020, § 1(Exh. A))

HISTORY
Amended by Res. 2023.7.11(a) on 7/11/2023

Sec 9.7 Home Occupation--Permit Process

9.7.1 Residential home occupation. The conduct of business in residential units may be permitted under the provisions of this section. It is the intent of this section to: ensure the compatibility of residential home occupations with other uses permitted in the applicable districts; maintain and preserve the character of residential neighborhoods; and provide peace, quiet, and domestic tranquility within all residential neighborhoods within the district, in order to guarantee to all residents freedom from excessive noise, excessive traffic, nuisance, fire hazard, and other possible effect of commercial uses being conducted in this district. Residential home occupations, where permitted, must meet the following special requirements:

9.7.1.1 A residential home occupation is subordinate to the use of a dwelling unit for residential purposes.

9.7.1.2 No more than one (1) residential home occupation shall be permitted within a single dwelling unit.

9.7.1.3 No more than 3 persons shall be employed in the conduct of a residential home occupation.

9.7.1.4 A residential home occupation shall produce no noise or obnoxious odors, vibrations, glare, fumes, or electrical interference detectable to normal sensory perception outside the structure.

9.7.1.5 A residential home occupation which will constitute a fire hazard to neighboring residences, will adversely affect neighboring property values, or will constitute a nuisance or otherwise be detrimental to the neighbors because of excessive traffic, excessive noise, odors, or other circumstances is not be permitted.

9.7.1.6 No traffic shall be generated by such residential home occupations in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such residential home occupation shall be met off-street and other than in a front yard.

9.7.1.7 On the premises, retail sales are prohibited except for the retail sales of products or goods produced or fabricated on the premises as a result of the residential home occupation.

9.7.1.8 There shall be no exterior indication of the residential home occupation or variation from the residential character of the principal use.

9.7.1.9 No on-street parking of business related vehicles (either marked or commercially equipped) shall be permitted at any home. No business related vehicles larger than a van, panel truck, or pick-up truck is permitted to park overnight on the premises. The number of business related vehicles is limited to 1.

9.7.1.10 Permitted residential home occupations. The following residential home occupations are permitted:

  1. Architectural services.
  2. Art Studio (including photography).
  3. Consulting Services.
  4. Data Processing.
  5. Drafting and graphic services.
  6. Dressmaking, sewing, tailoring, contract sewing.
  7. Electronic assembly.
  8. Engineering service.
  9. Financial planning or investment services.
  10. Flower arranging.
  11. House cleaning service.
  12. Insurance sales or broker.
  13. Interior design.
  14. Locksmith.
  15. Tutoring.
  16. Other similar uses as approved by the Board of Commissioners.

9.7.1.11 Prohibited residential home occupations. The following residential home occupations are prohibited:

  1. Ambulance service.
  2. Appliance repair.
  3. Automobile or boat repair, parts sales, upholstery, or detailing, washing service (including businesses working at customer's home).
  4. Boarding house.
  5. Medical or dental office (nor any practice of physical or medical application, including chiropractors).
  6. Restaurants, food preparation.
  7. Tow truck services.
  8. Veterinary uses (including care, grooming or boarding).
  9. Short-Term Rentals except as allowed in § 7.19 of this ordinance.

9.7.1.12 Expiration of permit. A permit for a residential home occupation shall expire under the following conditions:

  1. Whenever the applicant ceases to occupy the premises for which the home occupation was issued, no subsequent occupant of such premises shall engage in any residential home occupation until they have been issued a new permit after proper application.
  2. Whenever the holder of such a permit discontinues the residential home occupation for a period of six (6) consecutive months.

9.7.2 Rural home occupation. Rural home occupations may be permitted in the agricultural districts under the provisions of this section. It is the intent of this section to ensure the compatibility of rural home occupations with other uses permitted in the applicable districts; maintain and preserve the agricultural or rural character of the area and not create a nuisance for residents in the area by excessive traffic, smoke, noise or be a fire hazard. The purposes of rural home occupations are to provide a means for residents in the larger lot agricultural districts to participate in the type of businesses permitted in residential districts, be able to conduct the home occupation in an accessory building where necessary, and to park, on-site, vehicles required for the rural home occupation. Rural home occupations, where permitted, must meet the following special requirements:

9.7.2.1 The minimum lot size is five (5) acres.

9.7.2.2 The rural home occupation must be clearly subordinate to the principal use of the parcel for dwelling and agricultural purposes and must not change the residential and agricultural character of the area.

9.7.2.3 The rural home occupation may be conducted within a dwelling or within an accessory building provided that all structures used are harmonious in appearance with the zoning district where the rural home occupation will locate.

9.7.2.4 One accessory building not exceeding the ground floor living area of the principal dwelling may be used in connection with the rural home occupation.

9.7.2.5 Unless otherwise determined by the Board of Commissioners, no sales of products or service not produced on the premises is permitted.

9.7.2.6 The existence of the rural home occupation must not be apparent outside the dwelling or accessory building in which the rural home occupation is conducted, except that one (1) display sign limited to 9 sq. ft. of sign area is permitted. The display sign added to all other signs on the parcel shall not exceed the maximum signage allowed in the district.

9.7.2.7 No outside storage of equipment or materials used in the conduct of the rural home occupation, other than trade vehicles, is permitted.

9.7.2.8 The rural home occupation is limited to employment of not more than three persons in addition to the owner(s) of the property.

9.7.2.9 No additional points of access to any street shall be permitted, unless necessary to provide safe and proper access to the proposed use.

9.7.2.10 The rural home occupation use must not be found by the Zoning Administrator as likely to become a nuisance by reason of odor, dust, smoke, gas, vibrations, or may impose a hazard to health or property.

9.7.2.11 Modifications from the above requirements may be approved by the Board of Commissioners, , in individual cases if the modification is in accordance with the intent of the District.

9.7.2.12 Additional requirements or conditions may be added as deemed necessary to insure that the rural home occupation will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood or to the general welfare of the county or in any way adversely affects the character of the area.

9.7.2.13 Permitted rural home occupations.

  1. All occupations permitted in the § 9.7.1.10.
  2. Appliance repair.
  3. Barber shops (limited to a one barber operation).
  4. Veterinary service other than boarding.
  5. Ceramics.
  6. Land clearing, landscape or lawn maintenance, and grubbing
  7. House painter.
  8. Upholstery.
  9. Produce Stand.
  10. Taxidermy.
  11. Other similar uses as approved by the Board of Commissioners,.
  12. Carpentry, cabinet maker, contracting, masonry, electrical, plumbing, or painting.

9.7.2.14 Prohibited rural home occupations. The following rural home occupations are prohibited:

  1. Ambulance service.
  2. Boarding house.
  3. Medical or dental office (nor any practice of physical or medical application, including chiropractors).
  4. Restaurants, food preparation.
  5. Tow truck services.
  6. Short-Term Rentals except as allowed in § 7.19 of this ordinance.

9.7.2.15 Expiration of permit. A permit for rural home occupation shall expire under the following conditions:

  1. Whenever the applicant ceases to occupy the premises for which the rural home occupation was issued, no subsequent occupant of such premises shall engage in any rural home occupation until they have been issued a new permit after proper application.
  2. Whenever the holder of such a permit discontinues the rural home occupation for a period of six (6) consecutive months.
HISTORY
Repealed by Res. 2024.10.8(a) repealed 9.7.3 on 10/8/2024

Sec 9.8 Automobile Service Station

Within the districts permitting automobile service station, the following requirements shall apply:

9.8.1 Location. The property on which an automobile service station is located shall not be within one hundred (100) feet of any residential district, or any property containing a school, public playground, church, hospital, public library, institution for children or dependents.

9.8.2 Automobile service stations shall be located on a lot having a minimum frontage on the primary street of one hundred twenty (120) feet and a minimum area of twelve thousand (12,000) square feet. All buildings shall be set back forty (40) feet from all street right-of-way lines and all canopies shall be set back fifteen (15) feet from all street right-of-way lines.

9.8.3 Access to site. Vehicular entrances or exits at automobile service stations:

9.8.3.1 Shall be limited to no more than two curb cuts.

9.8.3.2 Shall contain an access width along the curb line of the street of not more than thirty (30) feet as measured parallel to the street at its narrowest point and shall not be located closer than fifty (50) feet from the intersecting point of two street rights-of-way or ten (10) feet from the adjoining property.

9.8.3.3 Shall not have any two (2) driveways, or curb cuts, closer than twenty (20) feet at both the right-of-way line and the edge of the pavement.

9.8.4 Gasoline pump islands. All gasoline pump islands shall be set back at least fifteen (15) feet from the right-of-way line, or where a future widening line has been established, the setback line shall be measured from such line, and where pump islands are constructed perpendicular to the right-of-way line, the pump island shall be located not less than thirty (30) feet from the right-of-way line; however, the pump island shall be at least sixty (60) feet from the center line of a collector street and forty-five (45) feet from the center line of other streets.

9.8.5 Off-street parking. A minimum of two (2) off-street parking spaces are required with an additional off-street parking space for each lubrication and wash bay.

9.8.6 Other site improvements. In addition to the above requirements, the following additional site improvements shall be adhered to:

9.8.6.1 A raised curb of at least six (6) inches in height shall be erected along the street property lines, except for driveway openings.

9.8.6.2 A solid fence or wall at least six (6) feet in height shall be erected along all property lines adjacent to a residential zoned lot or a lot used for residential purposes.

9.8.6.3 Exterior lighting shall be arranged so that it is deflected away from adjacent properties and streets.

9.8.6.4 Signs, whether permanent or temporary, shall not be placed within the public right-of-way and shall be arranged so that they do not obstruct visibility for drivers or pedestrians.

9.8.6.5 All drives, parking storage, and service areas shall be paved and curbed and a good stand of grass containing 100% coverage and a 70% density shall be maintained on the remainder of the lot.

(Ord. of 12-8-2020, § 1(Exh. A))

Sec 9.9 Landfills And Related Solid Wastes

The permitted landfill uses are Inert Waste, Construction and Demolition (C & D), Hazardous Materials, and Municipal Solid Waste (MSW). All uses are conditional uses that must be submitted to the Greene County Building Official, reviewed by the Planning and Zoning Commission and approved by the Board of Commissioners. These landfills must meet all applicable federal, state and other county requirements (including Greene County Code Chapter 16).

All solid waste disposal areas referred to in this section are to be in one tract or a combination of contiguous tracts not separated by public road rights-of-way sufficient to yield the required area. Applicant shall possess a warranty deed giving fee simple title to all property or shall have all necessary options to purchase land before submitting a request for rezoning or Conditional Use permit. Property shall front on a paved state highway or a paved county road, subject to a traffic impact study.

Applicant shall submit a plat of property prepared by a Georgia Registered land Surveyor at the time of application for rezoning or Conditional Use permit. Said plat shall show in addition to boundaries, all significant terrain features including, but not limited to, wetlands, streams, rock outcroppings, roads and wooded areas. The plat shall be prepared on 24" × 36" media. All data shown on the plat shall be drawn to scale as to size and location including the meanders of all streams and cemeteries.

9.9.1 Inert waste landfill.

9.9.1.1 This type of landfill means a disposal facility accepting only wastes that will not or are not likely to cause production of leachate of environmental concern. Such wastes are limited to earth and earth-like products, concrete, cured asphalt, rock, bricks, yard trimmings, stumps, limbs, and leaves and similar materials. This excludes industrial and demolition waste not specifically listed above.

9.9.1.2 Requirements for Inert Waste Landfill:

  1. Permitted only in A-1 or H-I.
  2. All disposal and operation areas cannot be visible from any portion of the right-of-way of any adjacent public road or the common boundary lines of adjacent property. Views may be screened by vegetative, natural topography or by manmade means such that a six (6') foot tall person standing on the common border cannot view the disposal or operation areas.
  3. Must be located on property containing a minimum area of 35 acres.
  4. The limit of the landfill to the minimum buffer zone from boundary is 100 linear feet.
  5. When the landfill is completed, it shall be covered with a final layer of 24 inches of top soil, which shall be adequately stabilized, and suitable vegetative cover and landscape shall be installed.
  6. The Board of Commissioners may place requirements regarding the length of time the facility can be used, the number of truck loads (or tonnage) allowed in a specified time frame, limit the total number of such facilities allowed in Greene County, periodic reports on the amount and type of fill being conducted, and other requirements deemed appropriate to the specific request.

9.9.2 Construction and demolition (C & D). Construction and Demolition waste means waste building materials and rubble resulting from construction, remodeling, repair, and demolition operations on pavements, houses, commercial buildings and other structures. Such wastes include, but are not limited to, asbestos containing waste, wood, bricks, metal, concrete, wall board, paper, cardboard, inert waste landfill material, and other wastes which have a low potential of groundwater contamination.

9.9.2.1 Requirements for Construction & Demolition (C & D) Landfill:

  1. Permitted only in H-I.
  2. All disposal and operation area cannot be visible from any portion of the right-of-way of any adjacent public road or the common boundary lines of adjacent property. Views may be screened by vegetative, natural topography or by man-made means such that a six (6') foot tall person standing on the common border cannot view the disposal or operation areas.
  3. Must be located on property containing a minimum area of 250 acres.
  4. Minimum buffer zone from the limits of the landfill to the boundary is 300 linear feet.
  5. When the landfill is completed, it shall be covered with a final layer of 24 inches of top soil, which shall be adequately stabilized, and suitable vegetative cover and landscape shall be installed.
  6. The Board of Commissioners may place requirements regarding the length of time the facility can be used, the number of truck loads (or tonnage) allowed in a specified time frame, limit the total number of such facilities allowed in Greene County, periodic reports on the amount and type of fill being conducted, and other requirements deemed appropriate to the specific request.

9.9.3 Hazardous waste.

9.9.3.1 Hazardous Waste means any solid waste which has been defined as a hazardous waste in regulations promulgated by the Board of Natural Resources, Chapter 391-3-11.

9.9.3.2 Requirements for hazardous waste landfills:

  1. Permitted only in H-I.
  2. All disposal and operation areas cannot be visible from any portion of the right-of-way of any adjacent public road or the common boundary lines of adjacent property. Views may be screened by vegetative, natural topography or by manmade means such that a six (6') foot tall person standing on the common border cannot view the disposal or operation areas.
  3. Must be located on property containing a minimum area of 1,000 acres.
  4. Minimum buffer zone from the limit of the landfill to the boundary is 500 linear feet.
  5. When the landfill is completed, it shall be covered with a final layer of 24 inches of top soil, which shall be adequately stabilized, and suitable vegetative cover and landscape shall be installed.
  6. The Board of Commissioners may place requirements regarding the length of time the facility can be used, the number of truck loads (or tonnage) allowed in a specified time frame, limit the total number of such facilities allowed in Greene County, periodic reports on the amount and type of fill being conducted, and other requirements deemed appropriate to the specific request.

9.9.4 Municipal Solid Waste (MSW).

9.9.4.1 Municipal Solid Waste means any solid waste derived from households, including garbage, trash, and sanitary waste in septic tanks and solid waste from single-family and multifamily residences, hotels and motels, bunkhouses, campgrounds, picnic grounds, and day use recreation areas. The term includes yard trimmings and commercial solid waste, but does not include solid waste from mining, agricultural, or silvicultural operations or industrial processes or operations.

9.9.4.2 Requirements for Municipal Solid Waste (MSW) Landfills:

  1. Permitted only in H-I.
  2. All disposal and operation areas cannot be visible from any portion of the right-of-way of any adjacent public road or the common boundary lines of adjacent property. Views may be screened by vegetative, natural topography or by man-made means such that a six (6') foot tall person standing on the common border cannot view the disposal or operation areas.
  3. Must be located on property containing a minimum area of 1,000 acres.
  4. Minimum buffer zone from the limit of the landfill to the boundary is 500 linear feet.
  5. When the landfill is completed, it shall be covered with a final layer of 24 inches of top soil, which shall be adequately stabilized. and suitable vegetative cover and landscape shall be installed.
  6. The Board of Commissioners may place requirements regarding the length of time the facility can be used, the number of truck loads (or tonnage) allowed in a specified time frame, limit the total number of such facilities allowed in Greene County, periodic reports on the amount and type of fill being conducted, and other requirements deemed appropriate to the specific request.

9.9.5 Other requirements for landfills in Greene County.

9.9.5.1 All landfills shall be enclosed by fences (minimum height of six feet) placed along the entire perimeter of the property and along both sides of driveways.

9.9.5.2 The developer (operator) of any landfill shall maintain records accurately documenting the quantities of materials received daily, the source of origin of the material and a location within the landfill where each day's collections are placed.

9.9.5.3 Buffer zones shall be maintained in their natural vegetative state and shall be kept free of debris from the land fill operations.

9.9.5.4 No landfill other than Inert Materials shall be located within 10,000 feet, measured horizontally, from any existing airport, public or private, within Greene County or any adjoining counties.

9.9.5.5 Primary access shall be via a state, federal highway or paved county road and access to the landfill shall be by paved driveways only.

9.9.5.6 The gates to the landfill must be manned during the times the landfill is open for daily activities and the landfill site shall be under the supervision of a responsible individual, at the disposal site, at all times during operations.

9.9.5.7 The applicant shall submit to the County the design and operation plans of the landfill facility once they are approved by the State of Georgia, if required. The County shall have at least 90 days to review the plans internally and with consultants that may be hired by the County. In the event the County reasonably finds it necessary to obtain the assistance of an expert consultant to review the application submitted, the applicant shall reimburse the County for the cost of the consultant and no permit shall be issued if such costs have not been reimbursed.

9.9.5.8 Suitable, on-site means shall be provided to prevent and control fires. No burning whatsoever shall be permitted.

9.9.5.9 Rodents and insects shall be controlled in order to protect the health, safety, and welfare of the citizens of Greene County, as determined by the Greene County Health Department.

9.9.5.10 The number and spacing of driveways shall conform to State regulations if on a State route. Driveways on County roads shall be restricted to no more than one drive per 500 linear feet of right-of-way frontage and no more than three driveways per county road. All driveways shall pass through a gated entrance. Driveways shall be paved with Plant Mixed Asphaltic Concrete or Portland Cement Concrete from the public road to the inside edge of the buffer zone (minimum distance) and shall be a minimum of twenty-four (24) feet wide measured from edge of paving to edge of paving or from lip of gutter to lip of gutter. Pavement shall be of adequate design strength to support vehicular traffic loaded to the maximum load limits permitted by regulations of the Georgia Department of Transportation for roads in the state highway system. It shall be the responsibility of the developer to bear costs of any upgrades to county roads used for access to landfill required to bring the roads up to a standard that will support the above limits, including all existing drainage and grade separation structures. Any required road improvements and all driveways must be designed by a Civil Engineer licensed by the State of Georgia. Said design shall be at the developer's expense. Road and driveway design shall be submitted to Greene County and reviewed by a Civil Engineer hired by the County. Fees for this inspection shall be reimbursed to the County by the developer.

9.9.6 Transfer stations. A limited number of Transfer Stations may be permitted as a conditional use in A-1, LI, or HI district following public hearing and recommendation by the Planning and Zoning Commission and approval of the Board of Commissioners. Requirements for such use are:

9.9.6.1 At all times the facility must meet all federal and state solid waste requirements and recommendations.

9.9.6.2 The facility (station) must be a completely enclosed structure with doors that remain closed at all times except during the time vehicles and equipment are operating inside the building. 9.9.6.3 It must be located on a state route or paved county road. As part of the applications, the applicant shall provide the Planning and Zoning Commission with a traffic study that addresses traffic volume generated by the facility, any needed road improvements (turn lanes, etc.) and any upgrades to the existing road necessary to accommodate the loads the facility will generate.

9.9.6.4 The applicant shall provide the County with plans for the facility at least sixty (60) calendar days prior to the public hearing by the Planning and Zoning Commission. Due to the specific technical requirements of such a facility, the County shall have a civil engineer review the design prior to the hearing. The fee for this plan review shall be paid to the County before the engineer is hired. No permit shall be issued if such fee has not been reimbursed. The design of the facility shall be such that excessive noise, dust, vibration, smoke, glare and odors are not created that would harm the public health, safety and welfare. This may include, but not be limited to, placement of the building and doors with respect to the adjoining land owners, exhaust fans with air filters and rooftop exhaust vents.

9.9.6.5 Operating procedures to reduce odor shall also be included in the plans for a transfer station. A plan for rodent and other pest control is required and must be followed at all times. Debris and waste must not be allowed to scatter inside, outside, or along the roads approaching the facility and must be cleaned up completely on a daily basis. "First-in - first-out" waste handling practices shall be utilized to keep waste on site for the shortest time possible. All waste shall be removed from the tipping floor at the end of each operating day and these surfaces swept clean and washed down.

Any waste remaining in the facility overnight must be contained in transportation bins or vehicles in the dumping pit inside the building and with exterior doors closed. No waste shall be kept inside the facility on Sunday or on holidays or any other day in which the facility is closed.

9.9.6.6 The principal structure(s) for this use shall be set back at least 50 feet from all property lines, a solid fence or wall at least six feet in height shall be erected around all buildings, equipment, and operating area. A minimum vegetation (natural or planted) buffer of 50 feet shall be required around the outside of the fence or wall. The area within the fence shall be large enough to allow all hauling vehicles to queue inside the fence without encroaching on adjacent roads.

9.9.6.7 No such structure shall be located closer than 500 feet from any residential use or zoning district.

9.9.6.8 All surfaces where trucks operate shall be paved.

9.9.6.9 Hours of operation shall be limited to Monday thru Saturday, 7:00 a.m. thru 6:00 p.m. unless an emergency event necessitating additional hours shall occur and the extended hours shall be approved in writing by the Building Official or County Manager.

9.9.6.10 No facility shall be located in any floodplain, wetland or river corridor or within 500 feet of any wetland. Any runoff from wash water shall be discharged to a wastewater treatment system and, before final release, shall be treated in a manner approved by the Department of Natural Resources.

Violation of the requirements may result in substantial fines pursuant to state law. Significant violations or repeated violations may result in County initiated proceedings for the revocation of the conditional use. Such proceedings will comply with the same procedural requirements for consideration of a county initiated conditional use permit.

A transfer station may also contain facilities to separate recyclable material from waste brought into the facility. Any conveyors or floor space devoted to separation of recyclables must also be contained within a properly designed and constructed building. Storage and handling of materials reclaimed for recycling shall be in conformity with Article 9.9.7 of these regulations.

9.9.7 Recycling center. Any commercial recycling center must be constructed on a site where an approved solid waste transfer station is located. Any specific operational and environmental issues generated by the recycling center must be addressed by the design, operation and size of the transfer station.

At all times the facility must meet all federal and state solid waste requirements and recommendations.

Violation of the requirements may result in substantial fines pursuant to state law. Significant violations or repeated violations may result in County initiated proceedings for the revocation of the conditional use. Such proceedings will comply with the same procedural requirements for consideration of a county initiated conditional use permit.

(Ord. of 12-8-2020, § 1(Exh. A))

Sec 9.10 Planned Industrial Parks

A planned industrial park must meet the following conditions.

9.10.1 Access and egress. A planned industrial park shall have access and egress only on a major street or state highway.

9.10.2 Minimum acreage. The development shall have a minimum area of one hundred (100) acres.

9.10.3 Yard requirements. The yard requirements of the Zoning District in which the development is located may be waived by the Board of Commissioners after consideration of the standard criteria for approval of a variance, except along the exterior boundaries of the development.

9.10.4 Limitations. All industries that produces smoke, loud noises, dust, noxious fumes, odors, and vibrations shall be subject to State and Federal regulations and ordinances.

9.10.5 Confinement. The manufacturing processes of industries located in an industrial park shall be confined to the interior of buildings.

9.10.6 Outside storage. Outside storage shall be screened in accordance with § 6.7.

(Ord. of 12-8-2020, § 1(Exh. A))

Sec 9.11 Cemeteries

9.11.1 Public cemeteries. Within the districts permitting public cemeteries, the following requirements shall apply:

9.11.1.1 The site proposed for a cemetery must not interfere with the development of a system of collector or larger streets in the vicinity of such site. In addition, the site must have direct access to a public thoroughfare.

9.11.1.2 All structures must be set back no less than twenty-five (25) feet from any property line or street right-of-way line.

9.11.1.3 All graves or burial lots must be set back not less than twenty-five (25) feet from any property line or minor street right-of-way lines, and not less than fifty (50) feet from any collector, arterial, expressway or freeway right-of-way line.

9.11.1.4 The entire cemetery property must be landscaped and maintained.

9.11.1.5 Prior to approval of a Conditional Use Permit for the location of a new cemetery, a site plan and perpetual care plan must be submitted with the application to the Greene County Planning Commission for review and recommendation to the Board of Commissioners.

  1. Said cemetery may front only on a collector, major street, or State highway, and the entrance to and exit from such cemetery shall be only on the street on which it fronts.
  2. A site development sketch must be submitted with the application which shows adequate paved off-street parking. All buildings must be placed not less than fifty (50) feet from any property line. Property must be bordered by a ten (10) ft. wide buffer area along its exterior boundary line, not bordering the frontage street. This buffer area is in addition to any setbacks, etc., required in Article VIII. The buffer area should be planted with evergreen trees or evergreen shrubs that grow at least eight (8) feet tall within three (3) years and provide an effective visual screen.

9.11.2 Religious institution public cemetery. Within the districts permitting public cemeteries, the following requirements shall apply.

9.11.2.1 The cemetery must be located on the same property as the religious institution, is in addition to the minimum lot requirement for the religious institution and adequate off-street parking is provided.

9.11.2.2 If the entrance and exit to the cemetery is other than that used as entrance and exit for the religious institution, then the cemetery may front only on a collector, major street or a state highway, and the entrance and exit to such cemetery shall be only from the street on which it fronts.

9.11.2.3 All graves and burial lots must be at least twenty-five (25) feet from any property line, and at least fifty (50) feet from any collector, major street or state highway right-of-way line.

9.11.2.4 The cemetery must be bordered by a 10-foot wide buffer area along its exterior boundary lines that do not border the frontage street. The buffer area shall be planted with evergreen trees or other evergreen shrubs that grow at least eight (8) feet tall within 5 years and provide an effective visual screen.

9.11.3 Abandoned cemetery and burial ground. Existing abandoned cemeteries or burial grounds discovered by a property owner.

9.11.3.1 While discouraged, developing or changing the use of any abandoned cemetery or burial ground requires a permit from the Georgia Historic Preservation Division. Each application for a permit shall include, at minimum, the information required by Section 36-72-5 of the Official Code of Georgia.

9.11.3.2 Abandoned cemeteries or burial ground determined to be preserved in existing place and use, shall be meet the use standards:

  1. Evidence of ownership of the land on which the cemetery or burial ground is located in the form of a legal opinion based upon a title search.
  2. A report prepared by an archaeologist stating the number of graves believed to be present and their locations such as can be determined from the use of minimally invasive investigation techniques, including remote sensing methods and the use of metal probes, which activities shall not require a permit.
  3. A survey prepared by or under the direction of a registered surveyor showing the location and boundaries of the cemetery or burial ground based on an archaeologist's report.
  4. Prior to development, where a site contains, or borders, a cemetery or grave site, the developer, based on the archaeologist's report and field delineations, shall clearly delineate the area on all site plans and construction drawings. In addition, the delineated cemetery, fence, and any associated easements, shall be shown on the preliminary and final plats as a nonconforming lot and common area.
  5. Prior to land disturbance, the boundaries of the preserved cemetery or burial ground shall be delineated by a qualified archaeologist. The cemetery boundary shall be protected during construction by a 4-foot green fencing installed prior to the commencement of any land disturbing activity.
  6. The cemetery must be bordered by a 10-foot wide buffer area along its exterior boundary lines that do not border the frontage street. The buffer must not extend into the required front yard, unless not feasible as determined by the Building Official. After completion of site work, the delineated cemetery shall have permanent markers delineating the boundaries of the cemetery.

(Ord. of 12-8-2020, § 1(Exh. A))

Sec 9.12 Bed And Breakfast

9.12.1 The acceptance of paying guests shall be an accessory use to the dwelling unit.

9.12.2 The only services permitted as part of a bed and breakfast shall be the renting of rooms and the serving of foods to guests renting said rooms (accessory uses commonly associated with hotels and motels, i.e. laundry services, gift shops, banquet halls, barber and beauty shops, shall not be permitted);

9.12.3 All parking shall be off-street;

9.12.4 One (1) motionless, non-lighted, wall sign, not exceeding four (4) sq. ft. in area, shall be permitted. No other signs shall be permitted on the premises.

(Ord. of 12-8-2020, § 1(Exh. A))

Sec 9.13 Community Center Or Club

The buildings used a part of a community center or club shall be placed not less than fifty (50) feet from any property line.

9.13.1 There shall be a planted buffer area ten (10) feet wide along its exterior boundary lines not bordering the frontage street and not extending into the required front yard. The buffer area shall be planted with evergreen trees or evergreen shrubs that grow at least eight (8) feet tall within three (3) years and provide an effective visual screen. The use must be located on a lot with a minimum of 2 acres and front on a public right-of-way or a private street which connects with a public right-of-way

9.13.2 A complete development sketch must be submitted with the application.

9.13.3 Adequate off-street parking must be provided.

(Ord. of 12-8-2020, § 1(Exh. A))

Sec 9.14 Outdoor Storage Yards

9.14.1 An outdoor storage yard must not be located within a required front yard.

9.14.2 Outdoor storage yard must be setback at least twenty-five (25) feet from any side or rear property lines and shall be screened by a solid fence of material commonly manufactured for fencing, at least eight (8) feet high and appropriately landscaped and maintained.

9.14.3 If an outdoor storage yard is established in connection with a permitted building, the outdoor storage yard shall meet the above requirements.

(Ord. of 12-8-2020, § 1(Exh. A))

Sec 9.15 Non-Operating Or Junked Vehicles

9.15.1 Vehicles not in operating condition shall not be parked between the residence and the street or streets to which the residential parcel adjoins.

9.15.2 Only one vehicle not in operating condition may be parked in the rear yard, carport, or garage so as to be out of view from the public right-of-way.

9.15.3 All automobile parts must be stored within a garage or enclosed building.

(Ord. of 12-8-2020, § 1(Exh. A))

Sec 9.16 Satellite Dish Antenna

9.16.1 Three feet diameter or larger satellite antenna dishes must be located behind the rear building line and in compliance with the side yard setback in residential districts.

(Ord. of 12-8-2020, § 1(Exh. A))

Sec 9.17 Mining, Mineral Exploration, And Borrow Pits

9.17.1 Definitions. As used in this Section 9.17, unless the context otherwise requires:

Area of disturbance. That area of land that has undergone physical alteration to the natural topography and/or vegetation as a consequence of mining exploration.

Explored lands. The surface, subsurface and water of an area in which mineral exploration is being or has been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, waste, and areas on which structures, facilities, equipment, machines, or other materials used in exploring operations are located.

Mineral exploration. Ordinary grading, construction of roads or platforms, core sampling and drilling, of lands for determining the feasibility of the extracting of solid minerals.

Overburden. All the earth and other material which lies above natural deposits of ores or minerals, and all earth and other materials disturbed from their natural state in the process of surface mining.

Reclamation of explored lands. The combined process of land treatment that mitigates water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion and other adverse effects from exploration including all associated lands, so that explored lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and minimizes danger to the public health, safety, and welfare. This process may extend to back filling, to original grades and previous natural conditions.

Removal. The actual process of digging or otherwise removing the substance being moved.

Surface mining. Surface Mining shall include, but not be limited to, surface mining, mining, dredging, quarrying, dimension stone quarrying, and stone crushing operations (whether strip, surface, or subsurface, and including the removal of stone, rock, gravel, sand, clay, phosphate, metallic ore, minerals, and other such solid materials or substances of commercial value found in natural deposits on or in the earth).

9.17.2 General provisions.

9.17.2.1 Exploration for the existence of mineral deposits on any parcel of land in the unincorporated area of Greene County shall proceed in compliance with this section.

9.17.2.2 Compliance with local, state, and federal regulations.

  1. All mineral/material extraction, surface mining, mining, quarrying, dimension stone quarrying, and stone crushing operations (whether strip, surface, or subsurface, and including the removal of stone, rock, gravel, sand, clay, phosphate, metallic ore, minerals, and other such solid materials or substances of commercial value found in natural deposits on or in the earth) shall comply with all applicable local, state, and federal regulations, and permitting requirements including, but not limited to, those related to water quality, air quality, and noise.
  2. Certain of these operations may be subject to additional state or federal regulations that apply specifically to that particular industry or type of operation. For the purposes of this Ordinance, such applicable industry or operation specific state or federal regulations shall apply. Where the requirements specified herein are at variance with any applicable state or federal regulations, then the more restrictive or that imposing the higher standards shall apply. Nothing in this section shall relieve owners or operators of any these operations from complying with all applicable local, state, and federal regulations, permits and requirements.

9.17.3 Exploration permits.

9.17.3.1 Applicability. An exploration permit shall be obtained from the County prior to the commencement of mineral exploration for the existence of or the expansion of the area of disturbance of an existing exploratory site for solid minerals on any parcel of land in unincorporated Greene County.

9.17.3.2 Exemptions. The following shall be exempt from county exploration permits:

  1. Hobby mining; and
  2. Parcels of state or federal land which have operation and rehabilitation plans approved by a state or federal agency.
  3. Dredging only around a dock owned by one person for the sole purpose of obtaining proper water depth to accommodate the use of a water craft luxury.

9.17.3.3 General requirements for mineral exploration. The following are deemed to be the general and minimum requirements for mineral exploration:

  1. Setbacks.
    1. Drill rigs and accessory equipment shall not be located closer than five hundred (500) feet from any residentially used structure without written permission from all property owners on which the structure is located.
    2. The edge of a quarry pit may not be located at any one point closer than one hundred (100) feet to right-of-way or easement access point and fifty (50) feet to any property line.
  2. Minimum acreage shall be as follows;
    1. 50 acres minimum for site proposed to have blasting or crushing operations, and
    2. 5 acres minimum for all other sites.
  3. Fencing. Prior to excavation, the owner, lessee of land, or their duly authorized agent for mining or mineral exploratory operations shall construct and maintain substantial fences with locking gates not less than six (6) feet in height at all points of access to the excavation site with durable warning signs posted thereon not more than two hundred (200) feet apart bearing the words DANGER and NO TRESPASSING in letters not less than six (6) inches in height, which shall be maintained by the owner or lessee so as to be clearly legible.
    1. Additional security features, such as barbed wire above the fence top, are encouraged.
    2. Gates for access shall be closed and locked at all times during non-operating hours.
    3. Fences and gates shall be inspected and maintained to assure an effective barrier. The owner of the property where the pit is located shall be responsible for maintaining fences and gates at all times.
  4. Screening. Portions of the mining operations visible from the public right-of-way or nearest property used for residential purposes shall be screened with dense landscaping to achieve at least 75 percent opacity within two years. The landscape buffer shall be no less than ten feet in width at any given point and may be placed either inside or outside the required fence perimeter to achieve maximum dust and noise reduction and visible shielding. Earthen berms with a minimum height of three feet can be placed within this buffer area.
  5. Buffers. In addition to the landscape screening noted above, a minimum ten-foot width buffer is required parallel to, and inside, the required fence. Excavation, pit operations, parking, storage and disposal of debris are not permitted within the screening or buffer areas. The setback area may not be used for truck or equipment traffic or parking, except as necessary to maintain the setback area and perimeter fence. Pit access point(s) shall be designed perpendicular to the buffer/screening width with the least disturbance to the buffer/screening zone that allows safe vehicle and equipment access to the operating site.
  6. Grout, rubble, waste rock, waste quarry block, overburden. Piles or other accumulations of grout, rubble, waste rock, waste quarry block, overburden, mine production material, or other similar materials shall not be created to a height of more than thirty-five (35) feet above the original contour. Grout, rubble, waste rock, waste quarry block, overburden, mine production material, or other similar materials shall not be placed, deposited, discarded or dumped in required setback areas, except that overburden may be used in the construction of berms.
  7. Operations.
    1. Operations shall not be permitted on Sundays and federal public holidays, nor will they be permitted within the hours of 7:00 p.m. and 7:00 a.m. on any day.
    2. Blasting. The operation shall be in compliance with the Georgia Blasting Standards Act (State of Georgia House Bill 824). Blasting shall not exceed atmospheric overpressure limits set out in said Act, as governed by the Department of the Fire Marshal for the State of Georgia. Flyrock traveling in the air or along the ground shall not be cast from the blasting site beyond the property lines of the area under ownership or control of the operator. Excavation shall not take place by blasting or use of explosives on any day between the period between sundown and sunrise the following day or during the period between 7:00 p.m. to 7:00 a.m., whichever is greater. In addition, routine production blasting shall be prohibited at any time on Sunday.
  8. Grading or other construction activity on the site may not alter existing natural drainage ways in such a way as to adversely affect an adjacent parcel of land either by increasing or redirecting the drainage flow over that parcel, or by impeding the drainage ways flowing from that parcel.
  9. Alteration/relocation of water bodies. Natural creeks, streams, rivers, lakes, or other bodies of water shall not be altered in course or relocated by the Operator, unless such alteration or relocation has been specifically approved by applicable state and federal agencies and the Board of Commissioners as part of a Comprehensive Site Development Plan or Surface Mining Land Use Plan.
  10. Operations shall not adversely impact adjacent properties and shall comply with the performance standards of § 7.7.3.4.
  11. Noise generated by mineral exploration activities shall not exceed the standards set forth in any applicable law or regulation including, but not limited to, the Official Code of Georgia, the Department of Natural Resources regulations, and § 7.7.3.4 (whichever is the most stringent).
  12. Waste drill fluids generated on-site shall be contained on-site and/or transported from the site and disposed of in an environmentally safe and legal manner.
  13. Drill fluid pits shall be fenced to prevent access.
  14. An approved drainage plan, dust abatement plan, noise abatement plan, operational methods plan, rehabilitation plan, financial surety, and fire protection plan are required to be submitted in compliance with any and all applicable rules and regulations.
  15. When residential densities exceed ten (10) dwelling units within a five hundred (500) foot radius of the drill site, only electric powered drills shall be used. Diesel generators shall not be used as the power source for electric drills.

9.17.3.5 Application and approval process.

  1. Planning and zoning board's duty. The Planning and Zoning Commission will review the complete application and related documents and submit its recommendation to the Board of Commissioners, based on adequacy of plans as outlined in § 9.17.3.
  2. Application. Any person desiring approval of an exploration permit, shall file with the Building Official a completed application for an exploration permit and eight (8) copies of a drawing of the proposed exploration area with written data which discloses the following information:
    1. Legal description of the area to be explored.
    2. Specification of total acreage of owned and leased lands, including figures on the percentage of owned or leased lands to be affected by the mining/quarry operation.
    3. The names and addresses of the owner and/or lessee along with written authorization or delegation, if not owner. The applicant shall further certify that the Operator is the rightful owner and/or holds a valid lease on or option to purchase or lease said lands.
    4. The existing zoning classification and a brief description of the characteristics of the land proposed to be affected by mining and the zoning classification and a brief description of the characteristics of the surrounding lands and community in the vicinity of the proposed operation.
    5. Written evidence by a professional geologist or other competent professional qualified to make such a judgment that the proposed site contains a mineral resource area or other valuable surface or subsurface substances that can be economically mined.
    6. Specification of the mineral or material which will be extracted by the operation and the general method and machinery to be used for extraction.
    7. Estimate (projected range) of the anticipated average volume of mineral/material to be extracted annually and anticipated truck trips per day.
    8. Anticipated date for beginning of mining/quarry operations.
    9. Plans, proposals, objectives, and time-frame for stabilization or reclamation, and re-use of the property at the cessation of the operation.
    10. An operations plan and all documents submitted or prepared for submission to the Georgia Department of Natural Resources for the purpose of obtaining a State Mining Permit. It shall be the continuing responsibility of the applicant to provide the County with all information submitted and received during the State application process and to inform the Building Official of the final disposition of the State permit process. Operation plans, if approved, shall be considered conditions of development approval, unless otherwise specified by the Building Official. Said plan shall also describe the nature of mining operations, method(s) of extraction, and equipment and materials (e.g., explosives) to be used.
    11. A copy of all applicable State and Federal permits, as required, or applications for such permits.
    12. A detailed site plan which shall, at a minimum, indicate the following:
      1. The location of existing roads, streets or thoroughfares and other natural features affecting existing roads.
      2. The location of residential structures within five hundred (500) feet of a proposed drill or mining site.
      3. A layout of proposed roads, streets or ingress/egress, exploration sites, and easements; the layout shall include both on-site and those off-site which lead to the area of exploration.
      4. Proposed location of phased mining operations.
      5. Proposed locations or disposition of topsoil, overburden, and by-products, on-site or off-site.
      6. Approximate location of natural drainage ways.
      7. Adequate drainage calculations to support drainage way improvement proposed.
      8. Erosion and sediment control plan.
      9. Drainage plans for roads, platforms or any disturbed area.
      10. A fire protection plan.
    13. An impact statement prepared by a qualified professional that addresses the impact of the proposed mining operation on abutting and nearby buildings, uses, and properties. The impact statement shall address those external effects determined by the Building Official to be likely to exist if said use is established, including, but not limited to, as appropriate, electromagnetic interference, noise, vibration, fumes, odors, dust and air particulates, illumination, truck traffic, and water table protection. The impact statement shall recommend specific measures to mitigate such impacts and provisions for monitoring and enforcing mitigation measures, and, if approved, the recommendations of the impact statement shall be considered conditions of approval unless otherwise specified by action of the Board of Commissioners.
    14. A reclamation plan that conforms to the requirements defined in § 9.17.4.
  3. Adequacy and distribution of plans. If the Zoning Administrator determines that the plans submitted contain sufficient data to furnish a basis for its approval or disapproval, and that the drawing of access and on-site roads is adequate to aid the Planning and Zoning Commission in recommending acceptance of the drainage and reclamation plans, the Building Official shall affix a file number and date of receipt to the application, and within ten (10) working days shall distribute copies of the application to those agencies listed below, which, in his/her judgment, should make a review.
    1. Building Official.
    2. Greene County Health District.
    3. Appropriate fire protection official.
    4. Georgia Department of Transportation, if access road attached to a state highway.
    5. United States Forest Service, if abuts a National Forest Service property.
    6. Planning and Zoning Board members.
    7. Other appropriate agencies.
  4. A notice of proposed mineral exploration shall be sent by certified mail by the applicant to property owners within five hundred (500) feet of the exterior boundaries of the property where mineral exploration is being conducted. Property owners shall be allowed fifteen (15) working days from the date of delivery to respond to the notice of proposed mineral exploration before any action is taken on the application.
  5. Contamination/interruption/diminution of public/private drinking water supply. In the event of excavation below the seasonal high water table, the operator of a mining/quarrying activity that affects by excavation activities a public drinking water source or private drinking water supply by contamination, interruption or diminution must restore or replace the affected water supply with an alternate source of water, adequate in quantity and quality for the purpose served by the supply. This provision is not intended to replace any independent action that a person may have whose water supply is affected by excavation activity.
  6. Approval. The Planning and Zoning Commission shall review the application and submit its recommendation to the Board of Commissioners with respect to an exploration permit application. No exploration permit shall be issued unless all of the following exist:
    1. It is found the public interest will be protected by approval of the exploration permit and the application indicates compliance with § 9.17.3 of this Ordinance; and
    2. The applicant has signed an undertaking for the reclamation of explored lands approved by the Planning and Zoning Commission with performance guaranteed by an adequate financial surety held by a United States institution located within the continental United States in U.S. dollars to the amount of one hundred fifty (150) percent of the estimated cost of reclamation and approved by the County Attorney. This surety shall be retained for one year after the end of the growth season following the completion of reclamation.

9.17.3.6 Change of ownership.

9.17.3.6.1 Should a change in legal ownership of the mining/quarrying operation occur, the new owner(s) shall have sixty (60) days from the date of consummation of the ownership change to submit to the Building Official written proof of the assumption of responsibility and submission of any required sureties or bonds by the new owner, and shall submit the appropriate information and details necessary to update the existing Comprehensive Site Development Plan for the operation as specified in § 9.17.2 and subsequent sections, or a copy of the updated Surface Mining Land Use Plan filed with the Georgia Environmental Protection Division. The operation may continue under the new owner during the sixty (60) day grace period. Failure of the new owner(s) to place on file with the County the necessary information and documents within said sixty (60) day period shall constitute a violation of this Ordinance.

9.17.3.6.2 Updating the information in the existing Comprehensive Site Development Plan for the operation to reflect a change of legal ownership of the mining/quarrying operation shall not constitute an amendment to the plan, unless significant changes are proposed to the nature or intensity of the operation itself or to plans, proposals, objectives, or time-frame for land stabilization or reclamation.

9.17.3.7 Cessation of operation.

9.17.3.7.1 Upon cessation of operation, defined as no physical operations on-site within a consecutive period of one (1) year, the operator shall begin with the reclamation or land stabilization, as specified in §9.17.4, herein, unless an application for inactive status has been submitted and approved.

9.17.3.7.2 The operator shall have up to twelve (12) months after the date of cessation of operations to submit a written application to the Building Official, requesting that the mining/quarry site be placed on inactive status. Said inactive status shall be granted for up to three (3) years with no effect on its zoning status. If, at the end of three years, active mining/quarrying has not been resumed, it shall be deemed that mining/quarry operations have permanently ceased. At such time, the operator shall complete reclamation or land stabilization, as specified in § 9.17.4, herein. When a mining/quarry site is placed on inactive status, all exposed critical disturbed areas shall be stabilized and all measures employed for erosion and sedimentation control shall be maintained by the operator until such time as active mining/quarrying is resumed or said reclamation/land stabilization has been completed or said reclamation/land stabilization has been completed.

9.17.3.8 Amendments to plan. Unless otherwise specified herein, once approved, there shall be no significant changes or variation involving the nature or intensity of the operation itself or to the plans, proposals, objectives or time-frame for land reclamation/land stabilization in the Comprehensive Site Development Plan, unless approved, after a public hearing as set out in Article XIII, Amendments, of this ordinance, by the Board of Commissioners and all applicable state regulating authorities. The Operator shall submit any proposed changes in the approved Plan to the Board of Commissioners or their designated official(s) and to the appropriate state agencies for approval as an amendment to this Plan prior to changing or varying from this Plan. Request for amendment shall be complete in all details necessary to show the new plan of action and all lands to be affected. This requirement shall not apply to existing operations for which no Comprehensive Site Development Plan or Surface Mining Land Use Plan exists, provided that such existing operations shall comply § 9.17.3.9, Existing Mineral-Material Extraction and Surface Mining Operations, and § 9.17.3.10, Registration Required, herein.

9.17.3.9 Existing mineral-material extraction and surface mining operations.

  1. In order to provide the local governing authority with accurate and current information concerning existing surface mining, mineral/material extraction, quarrying, or stone crushing operations and in order to enforce the provisions that will apply to such existing operations upon adoption of this Ordinance, the owners of said existing operations shall be required to register with the County as specified in § 9.17.3.10, herein.
  2. Any existing mineral/material extraction or surface mining operation, which does not meet all of the requirements for a new operation as specified herein, shall be considered non-conforming for the purposes of this Ordinance. Such operation is deemed "grandfathered" as to this ordinance and may continue operation and excavation expansion in compliance only with all existing local, state, federal regulations, and permits to which it was subject prior to the adoption of this ordinance, provided that:
    1. Any expansion of the existing excavations or areas of operation shall be permitted only within the property lines of the existing tract on which the operation is located; except that adjacent tracts(s) under the same ownership or lease prior to the adoption of this ordinance and with existing physical operations on site shall be included as part of the existing operation. For operations subject to EPD permitting, any expansion of existing excavations or areas of operation shall be permitted only within the established boundaries of the EPD permitted and bonded area(s).
    2. Unless part of an approved Comprehensive Site Development Plan or EPD permitted Surface Mining Land Use Plan, the initiation of any new excavation or area of operation, which is not part of the incremental expansion of the existing excavation/operation, but which has a separate and distinct location, shall be permitted only in conformance with the § 9.17.2 and subsequent sections, and § 9.17.4, Reclamation/Land Stabilization requirements, herein.
    3. For those operations requiring EPD permits and bonds, there shall be no expansion of an existing operation beyond the established boundaries of the EPD permitted and bonded area(s) for the operation, or onto any property unless application for rezoning and conditional use permits first shall have been approved as specified in § 9.17.2 and subsequent sections, herein.
  3. Should a change in ownership of an existing operation occur, the new owner(s) shall comply with the requirements specified in § 9.17.3.10 herein.

9.17.3.10 Registration required.

  1. In order to provide the governing authority with accurate and current information for all mineral/material extraction and surface mining operations within Greene County, all owners of such operations located within Greene County shall be required to register with the County Building Official and provide information about the operation, as specified herein. Any new operation approved and permitted by the Board of Commissioners pursuant to this Ordinance shall be automatically registered with the County. Any operation already in existence prior to the adoption of this Ordinance must register with the County and provide the required information within one (1) year of the adoption of this Ordinance. Failure to register or to truthfully report all information required shall constitute a violation of this Ordinance.
  2. Registration information. The required registration shall include the following information for each operation:
    1. The name of the local entity operating the activity, name of parent entity (if different from local entity), name of owner(s) of all entities, contact information including, but not limited to, the business address and telephone number.
    2. The name and address of all land owner(s) and, if appropriate, the name and address of the lessee (if different from the owner of the operation). The registrant shall certify that the owner/operator is the rightful owner and/or duly authorized to act and has a valid current lease on said lands, if applicable.
    3. The contact information for the on-site manager including but not limited to: name, title, mailing address and telephone number.
    4. Specification of the mineral or material which is being extracted and the type of operation and general method used for extraction.
    5. An average range of the volume of mineral/material extracted annually and truck trips per day.
    6. Specification of the tax parcel number(s) and total acreage of land owned and/or leased by the owner/operator for the operation. For each tax parcel, specify the total current acreage of each extraction area and the total acreage of land on which actual active physical operations are occurring at the time of registration.
    7. If applicable, a copy of the current Surface Mining Land Use Plan and permit as approved by the Georgia Environmental Protection Division for the operation;
    8. The information requested by this subsection shall be updated at any time that the information provided is no longer current.

9.17.3.11 Penalties and surety claims.

  1. Action to restrain violations. Any person exploring any parcel of land for solid minerals without complying with the provision of this section shall be deemed to be in violation of this resolution.
  2. Discontinuance of exploratory activity. If mineral exploration on any parcel of land shall be abandoned or discontinued for a period of one year and reclamation not completed as identified in approved plans, Greene County may claim the required surety and proceed with reclamation.
  3. Revocation of permit(s). Any non-compliance with the applicable requirements of Section 9.17 may result in the revocation of permit(s) by the Board of Commissioners.
  4. Penalties. This section may be enforced by civil action for injunctive, declaratory, or such other relief as necessary to ensure that mining exploration shall not be conducted except as authorized by permit as provided in this resolution and that any degradation of the environment caused by mining exploration shall be restored to its previous natural condition or in accordance with any undertaking for the reclamation of explored lands as provided by any applicable exploration permit.

9.17.4 Borrow pits.

9.17.4.1 Borrow Pits shall comply with the requirements of this subsection with the exception of the following:

  1. Extraction of minerals in unprocessed form by a landowner for his/her non-commercial use on property owned by him or her.
  2. Borrow pits for highway construction with a Department of Transportation reclamation plan and bond.
  3. Excavation or grading incidental to the construction of a building on a lot or parcel for which a building permit has been issued. This authorization shall only apply to the land shown on the site plan submitted with the application for a building permit. Once a certificate of occupancy has been issued pursuant to said building permit that authorization shall not apply to any subsequent acquisition of land.
  4. Excavation or grading performed in accordance with a site plan or subdivision plat which has been reviewed and approved by the Zoning Administrator and for which all necessary permits have been issued.
  5. Bona fide agricultural operations as defined in Article III.
  6. Activities incidental to the operation of public utilities.

The above operations are required to comply with State requirements with sediment and erosion control.

9.17.4.2 General requirements for borrow pits. Excavations of any type or creation of borrow pits, may be permitted in certain zoning districts only after approval of a site plan by Building Official. Such excavations shall meet the following requirements:

  1. Side slopes requirements. The angle of repose for borrow pit/mining slopes shall be no greater than 2:1 (i.e., two feet horizontal for each one foot vertical) unless a professional engineer (P.E.) or professional geologist (P.G.) certifies that an angle of repose exceeding this ratio will prohibit any potential erosion or slumping, factoring into account the type of soil (i.e., clay, sand, etc.) and pertinent environmental conditions of the area.
  2. Side slopes steeper than 2:1 defined above shall have perimeter security fence as specified in § 9.17.4.5.
  3. If excavation extend deeper than the water table, the excavation shall be to a minimum depth of 2 feet below the water table.
  4. Borrow pits shall be located so that no one point of the bank shall be closer than seventy-five (75) feet to any part of the underground and/or above ground, septic tank system.
  5. Excavation and borrow pit operations shall be controlled to provide reasonable and continued protection of the surrounding properties with regard to the use and cleanliness of the streets for access to the subject premises. Hours of operation may be imposed to protect the peace, well-being, compatibility and character of surrounding properties.
  6. In no case shall the aquifer be penetrated.
  7. No excavation shall be permitted which in any way interferes with natural or planned drainage.
  8. Borrow pits shall not encroach into or be located in a jurisdictional wetland area as defined by the Army Corps of Engineers.
  9. As a part of the site plan review, a reclamation or restoration plan shall be required prior to approval and issue of a development order as defined in § 9.17.4.

9.17.4.3 Borrow pits less than or equal to 2 acres.

  1. Setbacks.
    1. The edge of a borrow pit may not be located at any one point closer than fifty (50) feet to right-of-way or easement access point. Borrow pits may be closer to the right-of-way with a conditional permit.
    2. The edge of a borrow pit may not be located at any one point closer than twenty-five (25) feet to any property line.

9.17.4.4 Borrow pits greater than 2 acres.

  1. Borrow pits will not be larger than 25% of tract or 25 acres, whichever is less. Larger borrow pits shall phase their operations and reclaim inactive phases.
  2. Setbacks.
    1. The edge of a borrow pit may not be located at any one point closer than one hundred (100) feet to right-of-way or easement access point. Borrow pits may be closer to the right-of-way with a conditional permit.
    2. The edge of a borrow pit may not be located at any one point closer than fifty (50) feet to any property line.
    3. Back to back pits. The setback for slope commencement excludes property boundary lines between active pits using the same excavation area.
    4. Increased setbacks may be required by the Board of Commissioners to protect wellheads, environmental areas, and/or adjacent properties from adverse impacts.
  3. Buffers and screening.
    1. Portions of the pit visible from the public right-of-way or nearest residential use shall be screened with dense landscaping to achieve at least 75 percent opacity within two years. The landscape buffer shall be no less than ten feet in width at any given point and may be placed either inside or outside any required fence perimeter to achieve maximum dust and noise reduction and visible shielding. Earthen berms with a minimum height of three feet can be placed within this buffer area.
    2. Buffers. In addition to the landscape screening noted above, a minimum ten-foot width buffer is required parallel to, and inside any required fence. Excavation, pit operations, parking, storage and disposal of debris are not permitted within the screening or buffer areas. The setback area may not be used for truck or equipment traffic, except as necessary to maintain the setback area and perimeter fence. Pit access point(s) shall be designed perpendicular to the buffer/screening width with the least disturbance to the buffer/screening zone that allows safe vehicle and equipment access to the operating site.

9.17.4.5 Fencing.

  1. All borrow pits requiring security fencing shall have substantially built, aesthetically pleasing fencing with locking gates not less than six (6) feet in height at all points of access. Gates for access shall be locked at all times during unsupervised or non-operating hours.
  2. Required fencing. For borrow pits with slopes exceeding 2:1 as described in § 9.17.4.2 (b).
    1. Prior to excavation, the owner or lessee of land containing borrow pit operations shall construct and maintain aesthetically pleasing security fences not less than six (6) feet in height along the outer perimeter of the proposed excavated area.
  3. Signage.
    1. Signs shall be durable and bear the words DANGER and NO TRESPASSING in letters not less than six (6) inches in height, which shall be maintained by the owner or lessee so as to be clearly legible.
    2. Signs shall be posted on all gates.
    3. Signs shall be posted on any required fencing at no more than two hundred (200) feet apart.
  4. Fences and gates shall be inspected and maintained in a safe and secure condition to remain an effective barrier. The owner of the property where the pit is located shall be responsible for inspecting and maintaining the fence at all times.

9.17.5 Reclamation/land stabilization. In addition to other requirements herein, all land involved in the operation shall be put back in a useable and safe fashion after the extraction operations cease. The affected land must be restored to a condition that is similar to or compatible with the conditions that existed before excavation.

9.17.5.1 Reclamation/Land Stabilization Plan - shall include the following:

  1. A grading plan showing existing contours in the area to be extracted and proposed future contours showing the topography of the area after completion. Such plans shall include the surrounding area within five hundred (500) feet of the property boundary line, drawn to an appropriate scale with contour lines at intervals of two (2) feet or less.
  2. Existing and proposed drainage of the area.
  3. Details of re-grading and re-vegetation of the site during and at conclusion of the operation.
  4. Statement of intended future use of the land.
  5. Phasing and timing estimates of reclamation and rehabilitation activities. Completion of Plan shall be not exceed twenty-four (24) months from date of cessation, except as otherwise specified and approved by the Building Official.
  6. Estimation of the cost for rehabilitation.

9.17.5.2 Reclamation plans, if approved, shall be considered conditions of development approval.

9.17.5.3 Amendments. There shall be no amendment to the Plan unless such amendments are first approved by the Board of Commissioners or their designated official(s).

9.17.5.4 Requirements. The following requirements shall be met in the Rehabilitation/Land Stabilization Plan:

  1. When any extraction has been completed, such area shall either be left as a permanent spring-fed lake or the floor thereof shall be leveled in such manner as to prevent the collection and stagnation of water and to provide proper drainage without excessive soil erosion, and shall otherwise comply with these requirements.
  2. All affected land (excluding dimension stone quarry excavation pits) shall be graded into a rolling topography and blended in with the existing landscape. Boulders, and overburden may be incorporated into protective barriers or berms, as necessary, provided such materials shall not be deposited in the required buffer areas except as specifically provided in § 9.17 and subsequent sections, herein.
    1. If grades are to be left below the water table, the excavation shall extend to a depth of at least two (2) feet below a water producing level.
    2. Excavated area shall be graded to blend with the surrounding topography.
    3. If backfilling the excavation, the backfill shall be non-noxious and non-inflammable solids to assure that the excavated area will not collect and retain stagnant water. The graded and/or back-filled surface shall create a gentle rolling topography to minimize erosion by wind or rain and substantially conform to the contour of the surrounding area.
    4. The banks of all extraction, when not back-filled, shall be sloped at a grade of not less than two (2) feet horizontal to one (1) foot vertical.
    5. Spoil banks shall be graded to a level suiting the existing terrain.
    6. All banks and extracted areas, except exposed rock surfaces, shall be surfaced with at least six (6) inches of suitable soil for planting, and shall be planted or seeded with trees, shrubs, legumes or grasses and maintained until the soil is stabilized.
  3. All equipment and structures shall be removed within three (3) months of the completion of the extraction of materials.
  4. All accessory structures, mechanical equipment, and stockpiled materials associated with the operation shall be removed within three (3) months of completion of the extraction of materials.
  5. Vegetative stabilization. The Owner or lessee shall provide a high quality, enduring vegetative ground cover of properly planted and nurtured perennial vegetative species suited for the specific planting zone involved. The perennial vegetative species shall provide a complete, thorough stabilization by providing root mass and cover for the total disturbed area. If forest land is the reclamation objective, a vegetative ground cover will also be provided prior to or concurrent with tree seeding or the planting of tree seedlings.
  6. Structural stabilization. Permanent structural control measures, i.e. stone riprap, ditches, berms, paved chutes, or piped down drains, etc., shall be utilized to convey concentrated storm flows down slopes to stable outlets. These measures shall be necessary in areas where concentrated storm flow velocities may cause erosion.
  7. Lakes or ponds. All proposed lakes or ponds shall comply with all applicable local, state and federal regulations and requirements.
  8. All exposed critical disturbed areas shall be stabilized and all measures employed for erosion and sedimentation control shall be maintained by the operator until reclamation or land stabilization can be completed.
  9. Any security fencing or barriers shall be removed upon the closure of the borrow pit and completion of reclamation except those needed to secure dimension stone quarry excavation pits.

(Ord. of 12-8-2020, § 1(Exh. A))

Sec 9.18 Planned Unit Development (PUD), Urban Planned Unit Development (UPUD) And Commercial Planned Unit Development (CPUD)

The provisions of this Section 9.18 shall become applicable upon and after completion of rezoning any tract of land to a Minor PUD, Major PUD, UPUD or CPUD. Upon successful rezoning, at the time the developer desires to commence development, the developer shall make submissions for development approvals pursuant to the Greene County Subdivision Regulations, which shall include, but shall not be limited to, preliminary plats, and final plats, all as set out in the Greene County Subdivision Regulations. Each such submission shall be accompanied by a development timetable for the proposed and submitted phase or subdivision, the original plans or those plans amended as a result of recommendations or requirements of the Zoning Administrator and any other data or proof of compliance to the conditions provided in the Subdivision Regulations all of which shall conform to the guidelines therein. The Board of Commissioners may approve or deny such applications as submitted, or may approve the application subject to specified conditions in addition to those described herein. Approval of any detailed construction plan by the Zoning Administrator shall lapse unless construction is started in the approved section, within one year. No conveyances of subdivided land within the development shall be made until the developer has complied with the Greene County Subdivision Regulations for said phase or subdivision and the developer has either completed all approved subdivision infrastructure improvements or deposited surety with the county for those infrastructure improvements as required by the Greene County Subdivision Regulations. Notwithstanding the foregoing, the provisions of this Section 9.18 shall not apply to property that is annexed into an existing Minor PUD, Major PUD, UPUD, or CPUD unless said property is included in a subsequent application for development approval by the owner of the majority of the Minor PUD, Major PUD, UPUD, or CPUD.

Through the Minor PUD, Major PUD, UPUD, and CPUD processes, property approved for such uses shall be developed with a unified design providing continuity between the various elements. Subsequent to a PUD or CPUD approval and consolidation, the development standards, requirements and restrictions of this Ordinance shall apply to the larger consolidated development as a single, unified development and may be waived by the Zoning Administrator with respect to individual parcels within the development where the public health, safety and welfare is protected.

9.18.1 Dimensional requirements for Minor PUD districts only.

9.18.1.1 Subject to the open space requirements in § 9.18.1.2 the Minor PUD may be occupied for residential uses which includes streets, alleys, parking areas, and private lots.

9.18.1.2 In order to maintain the desired rural setting of openness and a livable, appealing environment, open space, as defined in Article III, will be required based on the overall number of dwelling units. For purposes of determining the number of dwelling units per gross acre for the development, platted residential lots that have been built upon or have yet to be built upon shall be considered a dwelling unit.

  1. A minimum of 30% open space is required for Minor PUDs containing 1.51 to 2.00 dwelling units per acre for the gross total acreage of the development.
  2. A minimum of 25% open space is required for Minor PUDs containing 1.01 to 1.50 dwelling units per acre for the gross total acreage of the PUD
  3. No open space is required in Minor PUDs having less than 1.01 dwelling units per acre for the gross total acreage of the development.

9.18.1.3 Upon submittal of a Preliminary Plat and Final Plat as described in Section 9.18, the submittal must be accompanied by a certification from the developer designating the total acreage of the Minor PUD, amount of total in use(s) complying with § 9.18.1.1, and amount of total in use(s) complying with § 9.18.1.2.

9.18.1.4 The total number of residences shall not exceed 2.0 dwelling units per gross acre in the total Minor PUD. Land devoted to residential use, as referenced in § 9.18.1.1, shall not exceed 8 units per acre of land.

9.18.1.5 Minimum lot size in a Minor PUD shall be 15,000 square feet or 0.34 acres in size. Every single-family dwelling shall have contiguous access or be located a maximum of one hundred (100) feet measured from the main entrance door of the dwelling have access to a street, court, or walkway or other area dedicated to community use that also provides emergency vehicle access or is in addition to emergency vehicle access as required and approved by the County for public safety access. Side and rear setbacks on every residential lot that is platted inside a Minor PUD district shall be at least sixteen (16) feet from the property boundaries to the building lines of the structure, with the following exceptions:

9.18.1.5.1 Where buildings are attached, such as in townhouses, duplexes, and multi-family, separation is not required between adjacent attached structures. Common fire wall/party wall ratings or automatic fire sprinkler system installations shall comply with the International Building Code.

9.18.1.5.2 Where buildings are equipped with an approved automatic fire sprinkler system installed in accordance with the International Residential and International Building Code, setbacks of less than sixteen (16) feet but at least eleven (11) feet are permitted.

9.18.1.5.3 Where buildings are within five-hundred (500) feet of a fire hydrant capable of producing needed Fire Flow of at least seven-hundred and fifty (750) gallons per minute, setbacks of less than sixteen (16) feet but at least eleven (11) feet are permitted.

9.18.1.6 Maximum height of all structures is 40 feet, excluding religious institutions and approved towers or antennas. Up to 15% increase in height may be permitted for un-occupied uninhabitable structures.

9.18.1.7 Maximum length of a continuous structure of townhouse or condominiums is 8 dwelling units.

9.18.1.8 Parking shall meet the requirements of Section 6.2.

9.18.1.9 Signs shall meet the requirements of Article X.

9.18.2 Dimensional requirements for UPUD districts only.

9.18.2.1 Subject to the open space requirements in § 9.18.2.2 the UPUD may be occupied for residential uses which includes streets, alleys, parking areas, and private lots.

9.18.2.2 In order to implement the vision and the principles of the Greene County Comprehensive Plan for the Greater Greensboro Character Area future land use designation and insure a livable, appealing environment, open space, as defined in Article III, will be required based on the overall number of dwelling units. For purposes of determining the number of dwelling units per gross acre for the development, platted residential lots that have been built upon or have yet to be built upon shall be considered a dwelling unit.

(a) A minimum of 30% open space is required for each individual UPUD zoned district.

9.18.2.3 Upon submittal of a Preliminary Plat and Final Plat as described in Section 9.18, the submittal must be accompanied by a certification from the developer designating the total acreage of the UPUD, amount of total in use(s) complying with § 9.18.2.1, and amount of total in use(s)complying with § 9.18.2.2.

9.18.2.4 The total number of residences shall not exceed 4.0 dwelling units per gross acre in the total individually zoned UPUD district. Land devoted to residential use, as referenced in § 9.18.2.1, shall not exceed 8 units per acre of land.

9.18.2.5 Minimum lot size in a UPUD shall be 5,000 square feet. Every single-family dwelling shall have contiguous access or be located a maximum of one hundred (100) feet measured from the main entrance door of the dwelling to a street, court, or walkway or other area dedicated to community use that also provides emergency vehicle access or is in addition to emergency vehicle access as required and approved by the County for public safety access. Side and rear setbacks on every residential lot that is platted inside a UPUD district shall be at least sixteen (16) feet from the property boundaries to the building lines of the structure, with the following exceptions:

9.18.2.5.1 Where buildings are attached, such as in townhouses, duplexes, and multi-family, separation is not required between adjacent attached structures. Common fire wall/party wall ratings or automatic fire sprinkler system installations shall comply with the International Building Code.

9.18.2.5.2 Where buildings are equipped with an approved automatic fire sprinkler system installed in accordance with the International Residential and International Building Code, setbacks of less than sixteen (16) feet but at least eleven (11) feet are permitted.

9.18.2.5.3 Where buildings are within five-hundred (500) feet of a fire hydrant capable of producing needed Fire Flow of at least seven-hundred and fifty (750) gallons per minute, setbacks of less than sixteen (16) feet but at least eleven (11) feet are permitted.

9.18.2.6 Maximum height of all structures is 40 feet, excluding religious institutions and approved towers or antennas. Up to 15% increase in height may be permitted for un-occupied uninhabitable structures.

9.18.2.7 Maximum length of a continuous structure of townhouse or condominiums is 8 dwelling units.

9.18.2.8 Parking shall meet the requirements of Section 6.2.

9.18.2.9 Signs shall meet the requirements of Article X.

9.18.3 Dimensional requirements for CPUD only.

9.18.3.1 A minimum of 25 percent of the total area of a CPUD must be occupied for residential uses which includes streets, parking areas, private open spaces and courts which abut and service adjacent residences or groups of residences. It does not include usable open space available for use by the general public.

9.18.3.2 A minimum of 25 percent of the total area of a CPUD must be occupied by non-residential uses (commercial, institutional, utility, etc.) which include streets, parking areas, private open spaces and courts which service adjacent non-residential uses. It does not include usable open space available for use by the general public.

9.18.3.3 Upon submittal of a Preliminary Plat and Final Plat as described in Section 9.18, the submittal must be accompanied by a certification from the developer designating the total acreage of the CPUD, amount of total in use(s) complying with § 9.18.3.1, and amount of total in use(s) complying with § 9.18.3.2.

9.18.3.4 The total number of residences shall not exceed two dwelling units per acre in the gross residential portion of the total CPUD development. Land devoted to residential use, as referenced in § 9.18.3.1, shall not exceed 8 units per acre of land.

9.18.3.5 There is no minimum lot size or width. However, every single-family dwelling shall be a minimum 1,000 square feet of heated space and shall have contiguous access or be located a maximum of one hundred (100) feet measured from the main entrance door of the dwelling to a street, court, or walkway or other area dedicated to community use that also provides emergency vehicle access or is in addition to emergency vehicle access as required and approved by the County for public safety access. There are no required setbacks within a CPUD except that no dwelling or accessory building shall be erected within thirty-one (31) feet of any other structure located on an adjacent lot, with the following exceptions:

a) Where buildings are attached, such as in townhouses, duplexes, and multi-family, separation is not required between adjacent attached structures. Common fire wall/party wall ratings or automatic fire sprinkler system installations shall comply with the International Residential and International Building Code.

b) Where buildings are equipped with an approved automatic fire sprinkler system installed in accordance with the International Residential and International Building Code separation less than thirty-one (31) feet but greater than at least eleven (11) feet from any adjacent building is permitted.

c) Where buildings are within five-hundred (500) feet of a fire hydrant capable of producing Needed Fire Flow of at least seven-hundred and fifty (750) gallons per minute, separation less than thirty-one (31) feet but at least twenty-one (21) feet from any adjacent building is permitted.

d) Where buildings are within five-hundred (500) feet of a fire hydrant capable of producing needed Fire Flow of at least one-thousand (1,000) gallons per minute, separation less than twenty-one (21) feet but at least eleven (11) feet from any adjacent building is permitted.

9.18.3.6 Maximum height of all structures is 40 feet, excluding religious institutions and approved towers or antennas.

9.18.3.7 Maximum length of a continuous structure of townhouse or condominiums is 8 dwelling units.

9.18.3.8 Parking shall meet the requirements of Section 6.2.

9.18.3.9 Signs shall meet the requirements of Article X.

9.18.4 Dimensional Requirements for Major PUD districts only.

9.18.4.1 Subject to the open space requirements in § 9.18.4.2 the Major PUD may be occupied for residential uses which includes streets, parking areas, and private lots.

9.18.4.2 In order to maintain the desired rural setting of openness and a livable, appealing environment, open space, as defined in Article III, will be required based on the overall number of dwelling units. For purposes of determining the number of dwelling units per gross total acre for the development, platted residential lots which have been built upon or yet to be built upon shall be considered a dwelling unit.

1. A minimum of 30% open space is required for Major PUDs containing 1.51 to 2.00 dwelling units per acre for the gross total acreage of the development. 2. A minimum of 25% open space is required for Major PUDs containing 1.01 to 1.50 dwelling units per acre for the gross total acreage of the development. 3. No open space is required in Major PUDs having less than 1.01 dwelling units per acre for the gross total acreage of the development.

9.18.4.3 Upon submittal of a Preliminary Plat and Final Plat as described in Section 9.18, the submittal must be accompanied by a certification from the developer designating the total acreage of the Major PUD, amount of total in use(s) complying with § 9.18.4.1, and amount of total in use(s) complying with § 9.18.4.2.

9.18.4.4 The total number of residences shall not exceed 2.0 dwelling units per gross total acre in the Major PUD development. Land devoted to residential use, as referenced in § 9.18.4.1, shall not exceed 8 units per acre of land.

9.18.4.5 There is no minimum lot size or width. However, every single-family dwelling shall be a minimum 1,000 square feet of heated space and shall have contiguous access or be located a maximum of one hundred (100) feet measured from the main entrance door of the dwelling to a street, court, or walkway or other area dedicated to community use that also provides emergency vehicle access or is in addition to emergency vehicle access as required and approved by the County for public safety access. There are no required setbacks within a Major PUD except that no dwelling or accessory building shall be erected within thirty-one (31) feet of any other structure located on an adjacent lot, with the following exceptions:

9.18.4.5.1 Where buildings are attached, such as in townhouses, duplexes, and multi-family, separation is not required between adjacent attached structures. Common fire wall/party wall ratings or automatic fire sprinkler system installations shall comply with the International Residential and International Building Code.

9.18.4.5.2 Where buildings are equipped with an approved automatic fire sprinkler system installed in accordance with the International Residential and International Building Code, separation of less than thirty-two (32) feet but greater than eleven (11) feet is permitted.

9.18.4.5.3 Where buildings are within five-hundred (500) feet of a fire hydrant capable of producing Needed Fire Flow of at least seven-hundred and fifty (750) gallons per minute, separation less than thirty-one (31) feet but at least twenty-one (21) feet from any adjacent building is permitted.

9.18.4.5.4 Where buildings are within five-hundred (500) feet of a fire hydrant capable of producing Needed Fire Flow of at least one-thousand (1,000) gallons per minute, separation less than twenty-one (21) feet but at least eleven (11) feet from any adjacent building is permitted.

9.18.4.5.5 Where any lot received final plat approval prior to July 11, 2023 and such final plat included specified setbacks or separation boundaries detailed on the approved final plat, the specified and adopted setbacks or separation boundaries are permitted.

9.18.4.6 Maximum height of all structures is 40 feet, excluding religious institutions and approved towers or antennas. Up to 15% increase in height may be permitted for un-occupied uninhabitable structures.

9.18.4.7 Maximum length of a continuous structure of townhouse or condominiums is 8 dwelling units.

9.18.4.8 Parking shall meet the requirements of Article [Section] 6.2.

9.18.4.9 Signs shall meet the requirements of Article X.



HISTORY
Amended by Res. 2023.7.11(a) creation of minor vs major PUDs on 7/11/2023
Amended by Res. 2024.10.8(a) on 10/8/2024
Amended by Other 2025.8.12 Zoning Ordinance on 8/12/2025

Sec 9.19 Recreational Campgrounds

The following requirements shall be applicable to recreational campgrounds:

9.19.1 Setbacks. The site of the actual camp facilities, i.e., car parking, shelter, cooking and sanitary facilities must be no less than 200 feet from any adjacent property and/or any public right-of-way excluding GA Power owned property.

9.19.2 Sanitary facilities. Any campground that accommodates six (6) or more people must be equipped with an indoor restroom facility which may be a Port-o-Toilet, an outhouse, or a bath building.

9.19.3 Litter. Campgrounds must be kept clean of trash and debris at all times, and are subject to current state and county anti-littering statutes.

9.19.4 Restricted districts. Recreational campgrounds are only allowed as Conditional uses.

9.19.5 Permanent structures. Permanent structures on a campground that are used to house or shelter campers must meet the safety standards of the Georgia Building Code and of Article VI of this ordinance.

(Ord. of 12-8-2020, § 1(Exh. A))

Sec 9.20 Reserved.

Reserved for future use

HISTORY
Repealed by Res. 2023.7.11(a) TNDs deleted on 7/11/2023

Sec 9.21 Personal Care Home

9.21.1 Prior to application for a conditional use permit the Applicant shall obtain qualification inspection from the County Building Official to determine if any existing building proposed for use as any type Personal Care Home will be satisfactory for the requested use.

9.21.2 The application for a conditional use permit shall be accompanied by a site plan based upon a boundary survey by a Georgia Registered Land Surveyor. The site plan shall show all existing or proposed improvements on the property including water source, sewage disposal, electric or other public utilities, driveways, parking and distances from any structure to the nearest boundary line. This site plan must be drawn to scale and shall be on media no smaller than 8.5" × 11" and no larger than 24" × 36".

9.21.3 Any type personal care home under this ordinance must be on a minimum lot size that conforms to the zoning district in which it is located.

9.21.4 Personal care homes must be located on a paved road.

9.21.5 Parking shall be limited to one space per bedroom plus one per paid on-duty staff member. Parking areas shall have adequate turn-around areas so that all vehicles may enter the street in a forward manner.

9.21.6 Parking areas shall be designed so that sanitation, emergency and other public service vehicles can serve the facility without the necessity of backing unreasonable distances or having to make hazardous or dangerous turning movements.

9.21.7 Prior to receiving a Certificate Of Occupancy as a personal care home, the applicant must furnish to the County Building Official an official report from the Greene County Health Department that any on-site well, or septic systems are adequate for the number of residents to be served by the facility.

9.21.8 An operating permit for a Personal Care Home from the Georgia Department of Human Resources must be issued and a copy of said permit filed with the Greene County Building Official prior to issuance of a Certificate of Occupancy or the connection of permanent power to said building.

9.21.9 A personal care home will be subject to an annual inspection by the Greene County Building Official.

(Ord. of 12-8-2020, § 1(Exh. A))

Sec 9.22 Solar Farms

9.22.1 It is the purpose of this Section to promote the safe, effective and efficient use of solar farm development, construction and operation. Solar farms shall be a Conditional Use in the HI (Heavy Industrial) District, and a Conditional Use in the A1 (Agriculture-Intensive Farming) District.

9.22.2 Solar farms shall only be located on parcels larger than twenty-five (25) acres.

9.22.3 Solar farms shall not be visible from any portion of the right-of-way of any adjacent public road or the common boundary lines of adjacent property.

9.22.4 A chain link fence eight (8) feet tall with three strands of barbwire installed atop of the chain link fencing must surround the solar farm, and all gates must be locked. The chain link fence must be setback at least seventy-five (75) feet from every property line

9.22.5 In addition to the requirements in §§ 9.22.3 and 9.22.4, the solar farm and fencing shall be surrounded by a vegetative buffer having an opacity of sixty-percent (60%) or greater that is capable of growing to a height of at least eight (8) feet within two years, and shall be maintained as long as the facility is in operation. Such screening shall be sufficient so that a six (6) foot tall person standing on the common border cannot view the solar farm.

9.22.6 A solar farm shall be located at least five hundred (500) feet from any existing home, church, or public facility, and at least three hundred and fifty (350) feet from the parcel boundary.

9.22.7 The design of the solar farm shall adhere to existing structural height requirements. If the solar farm requires a roof mounting on buildings on the property, the roof mounted installation may not exceed the maximum principal building height or accessory building height specified for the building type in the underlying zoning district.

9.22.8 Solar panels shall be placed and arranged such that reflected solar radiation or glare shall not be directed onto adjacent buildings, properties or roadways, and no solar farm shall be located within two (2) miles of the Greene County Regional Airport.

9.22.9 A solar farm shall not be used to display advertising, including signage, streamers, pennants, spinners, reflectors, ribbons, balloons, flags, banners, or similar materials, with the exception of necessary equipment information, warnings, or indication of ownership, or where required by applicable Code requirements.

9.22.10 Wall mounting or any other form of face mounted solar panels on any building or structure is prohibited.

9.22.11 The applicant for any proposed solar farm shall be required to submit a letter from an electric utility company acknowledging the solar farm will be interconnected to the utility grid in order to sell electricity to the utility. Such letter shall be submitted to the Greene County Tax Assessors' Office notifying the Board of Tax Assessors of the change in use of the property.

9.22.12 A solar farm which has not been in active and continuous service for one (1) year shall be removed at the owners or operators expense, and the site shall be restored to as natural a condition as reasonably possible within six (6) months of the removal of the solar farm. Prior to the issuance of a Building Permit for the solar farm, the permit applicant shall be required to file with the board of commissioners a bond executed by a surety or guaranty company qualified to transact business in the State of Georgia payable to the County in an amount sufficient to cover removal and simple cleanup to restore the site to as natural condition as possible, as determined by the Zoning Administrator, in order to assure the obligations of this section are satisfied. The bond shall be maintained for so long as the solar farm exists. In the event that the owner fails to comply with this section, the County shall be authorized to call the bond and use the proceeds to bring the site into compliance with this section. Bonds tendered pursuant to this section shall be released or returned, as the case may be, at such time as the Zoning Administrator shall deem the property in compliance with this section.

9.22.13 A solar farm development shall include an emergency plan that provides for a twenty-four (24) hour contact person with appropriate contact information that shall be filed with the Greene County E911 Center. The contact person and information shall be posted at the site of the solar farm in a prominent location.

(Ord. of 12-8-2020, § 1(Exh. A))

Sec 9.23 Utility Facilities

9.23.1 Telecommunications towers are covered in the Greene County Tower Ordinance.

9.23.2 Minor utility facilities. The following requirements shall apply to minimum utility facilities:

9.23.2.1 Size. Exempt from minimum lot size required in zoning.

9.23.2.2 Setbacks. Exempt from setback requirements.

9.23.2.3 Buffer requirements.

  1. Fenced areas shall have an appropriate planted buffer.
  2. Minor utility facilities greater than 1,600 square feet shall have an appropriate planted buffer.
  3. Facilities greater than 6-feet tall, with the exception of utility poles, shall have an appropriate planted buffer.
  4. An appropriate planted buffer shall be a minimum of five (5) feet wide planted strip containing evergreen vegetation that will attain a height of eight (8) feet within three (3) years.

9.23.2.4 Any lighting on the property shall be such that it does not cause glare to adjacent properties or streets.

9.23.2.5 Property shall not be used for the storage of vehicles or service equipment.

9.23.3 Major utility facilities.

9.23.3.1 Size. One-quarter acre or larger.

9.23.3.2 A site development plan shall be submitted and approved by the Zoning Administrator.

9.23.3.3 Setbacks. As defined for the zoning district.

9.23.3.4 Buffer requirements. Minimum 20-foot planted buffer strip shall be provided as suitable screening along property lines or within 60 feet of developed areas with the exception of Heavy Commercial or Industrial uses. The planted buffer shall contain evergreen vegetation that will attain a height of eight (8) feet within three (3) years.

(Ord. of 12-8-2020, § 1(Exh. A))

Sec 9.24 Homestead Compound

A Homestead Compound is a form of traditional rural development which provides for the placement of additional single-family detached dwelling units on a single parcel of land generally owned by the same family or legal entity.

9.24.1 General Requirements for Homestead Compounds.

9.24.1.1 Homestead Compounds are only permitted in the major PUD zoning district in subdivisions originally platted with a minimum average lot size of 3 acres.

9.24.1.2 A Homestead Compound shall have a minimum size of 2 acres.

9.24.1.3 A maximum density of 1.33 units per acre.

(Ord. of 12-8-2020, § 1(Exh. A))

HISTORY
Amended by Res. 2023.7.11(a) on 7/11/2023

Sec 9.25 Homestead Farm

A Homestead Farm is a low-density single-family lot that is at least three acres on which limited farming activities and horses for personal pleasure and/or leisure are permitted. No commercial farming activities are allowed on the lot. A Homestead Farm must meet the following standards:

9.25.1 Homestead Farms are permissible only in the Major PUD zoning district.

9.25.2 Permitted residential uses.

9.25.2.1 Single-family detached residential.

9.25.3 Permitted agricultural uses.

9.25.3.1 Animals permitted include horses, cattle, goats, sheep, poultry (limited to six hens), and rabbits, provided that such animals are not raised for commercial purposes. The raising and care of swine is prohibited in this district.

9.25.3.2 Animals and fowl are not to exceed the requirements specified in § 9.26, Animal Units.

9.25.3.3 Shelter requirements. Adequate enclosed shelter must be provided and maintained at all times to protect the animals from harm and the elements of the weather or the animals/poultry/fowl must be removed from the premises.

9.25.3.4 Pasturing of livestock (in accordance with applicable County ordinances) but excluding the feeding of any type of livestock in buildings or pens.

9.25.3.5 Family garden. Garden is limited to small scale crop farming or garden, which is planted for the cultivation, harvesting and personal use or consumption of fruits and/or vegetables, and/or the growing of flowers and/or ornamental plants by one (1) person or family provided that any such crops are not to be sold for commercial purposes.

9.25.3.6 Agricultural accessory structures as defined in this Section.

9.25.4 Prohibited uses. Outdoor storage of farm machinery, gardening equipment or containers of pesticides or fertilizers, other than composting bins with a maximum size of one hundred (100) square feet which shall be located no closer than one hundred (100) feet to the boundaries of the property.

9.25.5 Lot size.

9.25.5.1 Lots shall be a minimum of three (3) acres.

9.25.5.2 Any lot where allowable animals are to be kept shall have a minimum of a one (1) acre contiguous area designated on a site plan. Any such set aside area shall be fenced.

9.25.5.3 Family Garden shall be limited to a maximum area of one-half acre.

9.25.6 Building heights and setbacks.

9.25.6.1 Building height shall be equal to the underlying zoning district.

9.25.6.2 Setbacks shall be in accordance with the Major PUD regulations.

(Ord. of 12-8-2020, § 1(Exh. A))

HISTORY
Amended by Res. 2023.7.11(a) on 7/11/2023

Sec 9.26 Animal Units

9.26.1 The number of all bovine, caprine, and ovine animals or fowl allowed on a non-commercial lot shall be limited to the square footage of the animal or fowl confinement area, less the lot square footage devoted to yard setbacks and the house, divided by the total minimum area required per animal or fowl.

9.26.2 The total minimum area required per animal or fowl shall be as follows: horses - 43,560 square feet (one (1) acre), cow - 43,560 square feet, sheep or goat - 20,000 square feet, fowl - twenty (20) per 43,560 square feet. (Area requirements are based on minimum acreage averages for grazing such animals in the State of Georgia.)

9.26.3 The total minimum area required per animal or fowl shall be calculated based on a yearly average of herd or flock size. Fluctuations in herd or flock size associated with general farming practices shall be permissible under this provision.

(Ord. of 12-8-2020, § 1(Exh. A))

Sec 9.27 Cottage Housing

Sec. 9.27 – Cottage housing.

Cottage House Developments (CHD) are permitted only on sites served by public water and sewer and in accordance with the following:

9.27.1 Density.

9.27.1.1 Number of units. Cottage developments include a minimum of four detached single-family dwellings.

9.27.1.2 Frontage conditions. Lots within Cottage developments are exempt from the requirement for each lot to have street frontage, as follows:

1. Each lot must front on and have a main entry facing the common open space, except those lots, nearest the fronting street, may front on the street and/or common open space. In no case may the rear of a dwelling unit front on a street. The unit rear of a dwelling unit may front on common parking or access way that is part of the Cottage Development common property. 2. Where a cottage development is to be developed on a double frontage lot, the rear of cottage lots may face the street of higher classification only if separated from the street by one of the following:

1) An alley or driveway and a 20-foot landscape buffer, or 2) A 40-foot landscape buffer.

9.27.2 Common open space.

9.27.2.1 Each cottage shall share a common open space to provide a sense of openness and community for residents.

9.27.2.2 The cottage development shall meet the open space requirements of the underlying zoning district.

9.27.2.3 Parking areas, yard setbacks, private open space, and driveways do not qualify as common open space.

9.27.3 Cottage setbacks.

9.27.3.1 No setback is required between a dwelling and the common open space; however, no building projections may extend into or over the common open space.

9.27.3.2 The minimum setbacks for all structures (including cottages, parking structures and community buildings) in a CHD shall be ten feet from any public right-of-way and 31 feet from other structures or as stipulated in the underlying zoning district.

9.27.3.3 No part of any structure in the CHD (including, but not limited to, cottages, parking structures and community buildings) shall be more than 150 feet, as measured by the shortest clear path on the ground, from fire department vehicle access.

9.27.4 Ownership.

Community buildings, parking areas, and common open space shall be owned and maintained commonly by the CHD residents, through a condominium association, a homeowners' association, or a similar mechanism, and shall not be dedicated to the County. Cottage owners shall have ingress and egress rights across common property to their cottage.

9.27.5 Design.

9.27.5.1 Cottage size.

1. The gross floor area of each cottage shall not be less than 1,000 square feet. 2. Cottage areas that do not count toward the gross floor area or footprint calculations are:

1) Interior spaces with a ceiling height of six feet or less, such as in a second-floor area under the slope of the roof; 2) Basements; 3) Architectural projections—such as bay windows, fireplaces or utility closets—no greater than 24 inches in depth and six feet in width; 4) Attached, unenclosed porches; 50 Garages or carports.

9.27.5.2 Unit height. The maximum height of cottage housing units shall be 40 feet.

9.27.5.3 Orientation of cottages.

1. Lots in a CHD can abut either a street, an alley, a common parking area or a sidewalk. 2. Lots in a CHD abutting a sidewalk only, must be located within 150 feet of the common parking area measured from the front property line of the lot. 3. Each unit abutting a public street (not including alleys) shall have a façade, secondary entrance, porch, bay window, or other architectural enhancement oriented to the public street.

9.27.5.4 Porches.

1. Cottage units shall have covered front porches. The front porch shall be oriented toward the common open space or street. 2. Covered porches shall have at least 60 square feet in area.

9.27.5 Walkways.

9.27.5.1. A system of interior walkways shall connect each cottage to each other and to the parking area, and to the sidewalks abutting any public or private streets bordering the CHD.

9.27.5.2. Walkways and sidewalks shall be at least five feet in width.

9.27.6 Vehicular access and Parking.

9.27.6.1 Parking must be provided as required for single-family detached dwellings. Parking must be accessed by a common driveway or alley of a width necessary to accommodate turning into parking spaces or parking spaces must be:

1. Clustered together in a common parking area located within 100 feet of the front property line of the cottage, it serves or provided individually at the front of each home. 2. Screened from streets external of the development and adjacent residential uses by landscaping, wall, or architectural screen. 3. Required parking may be provided on each cottage house lot or in a shared parking area located within commonly owned space or in a combination of the two. Parking may not be located in a public street, or common open space area.


HISTORY
Adopted by Ord. 2025-02-11 Zoning changes on 2/11/2025

2023.7.11(a)

2024.10.8(a)