The purpose of this article is to establish an overlay district to address the unique characteristics of the properties adjacent to the Hwy 365/441 transportation corridor in Habersham County.

(Ord. of 12-21-2020)

The Hwy 365/441 transportation corridor has unique traffic management needs, development pressures and aesthetic characteristics that require the establishment of additional development standards to meet the county's goals and fulfill the purpose of this chapter. The intent of the COD (Corridor Overlay District) is to require development along the corridor that is aesthetically consistent, responsive to development pressures and proportional to the area's traffic management issues.

(Ord. of 12-21-2020)

The overlay district shall apply to all property located within 500 feet of the right-of-way of Hwy 365/441 and elsewhere as designated on the Habersham County official land use district map.

(a)

Applicability: The following developments must bring the site into compliance with the requirements of this section:

(1)

Any new public or private development.

(2)

Changes to use of higher impact as determined by the administrative officer.

(3)

Properties that have remained unused or without a permitted use for a period of 180 days.

(4)

Any improvements with total cost exceeding 50 percent of the assessed value of the building according to county tax records.

(5)

Expansions of existing structures exceeding 50 percent of the pre-expansion floor area.

(6)

Any vehicular use area that is enlarged.

(b)

Zoning Map: The boundaries for the COD are shown on the Official Land Use Map. The COD is marked with a COD two-digit code and a pattern as designated on the Official Land Use District Map's legend.

(Ord. of 12-21-2020)

(a)

Permitted uses: All uses permitted, not-permitted and permitted as conditional uses in any underlying land use district to which the COD is applied shall be unaffected by the presence of the overlay district.

(b)

Development standards: All single and two-family residential and agricultural uses shall be exempt from the development standards of the overlay district and shall comply with the requirements of the standard district in which they are located. The overlay district development standards shall apply to all other uses as follows:

(1)

All development standards established by any underlying land use district shall also apply if that district is included in the COD unless alternate development standards are provided by this article.

(2)

Properties located in the COD shall also be subject to any additional development standards established in this article.

(3)

In cases where development standards established by the underlying land use district and the overlay district are inconsistent, the requirements of the overlay district shall apply.

(Ord. of 12-21-2020)

(a)

Signage: Off premise freestanding signs as defined in this chapter may not exceed 40 feet in height. All other free-standing sign may not exceed 15 feet in height, measured from ground level. Berms or other means used to elevate the sign above the ground level may be used but shall be counted as part of the sign height. In no instance shall this provision be interpreted as prohibiting the placement of off-premises signs consistent with the requirements of article IX, Sign Standards, of this chapter.

(b)

Building orientation: All primary structures shall face the front of the lot on which they are located. No loading docks, overhead service doors or trash collection bins may be placed on or adjacent to any facade which faces a public street.

(c)

Outdoor storage, truck dock, mechanical equipment and waste containers: Outdoor storage of unfinished products or supplies shall be prohibited unless screened in accordance with article X. All outdoor storage of finished products and materials for sale, all trash and recycling containers and materials, all truck docks and all mechanical equipment shall be completely enclosed or screened from public view.

(1)

Stored materials, seasonal and other outdoor sales areas, mechanical equipment and waste containers located on the ground shall be enclosed by a fence or wall constructed of like materials as the primary structure on the lot.

a.

The enclosure shall not exceed eight feet in height.

b.

No stored products or waste containers or materials may exceed the height of the enclosure.

c.

An opaque wooden gate, painted consistent with the main color of the primary structure on the lot shall be provided at all access points to the enclosed area.

(2)

Mechanical equipment located on the roof shall be screened by a parapet or other building feature.

(3)

No area for the storage of waste materials shall be located within 20 feet of any public street right-of-way, public sidewalk or internal pedestrian way.

(4)

All truck docks shall be screened from view from all public areas, including parking lots and adjacent public streets. The screening enclosure shall consist of a fence or wall constructed of like material as the exterior of the primary structure on the lot.

(d)

Building materials: The primary building material for all facades facing public streets shall be brick, natural or cut stone, pre-cast concrete, on-site tilt up concrete panels, or any material with a stucco type finish or a masonry material.

(e)

Roofs: Roofs shall be a gable design with slopes between 15 and 45 degrees. Sloped roofs shall either be of standing seam metal or dimensional shingles.

(f)

Vehicular use area shall be designed to comply with the following:

(1)

At least ten percent of the total interior square footage of all vehicular use areas as designed and constructed shall be dedicated to landscaping and shall meet the following requirements:

a.

All areas of the parking lot framed by the required buffer and adjacent buildings (where the perimeter buffer is not required) shall be used in calculating the required interior landscaped area, and the required interior landscaping shall be located within this area.

b.

Each required interior landscaped area shall be at least 64 square feet in size with no dimension less than four feet.

c.

A pass-through for pedestrian access shall be placed at intervals not less than one every 100 feet across landscape strips between parking aisles. No reduction in required vegetation will be permitted to accommodate this access. All such pedestrian access areas shall be clearly shown and labeled on the landscape plan.

(2)

Any vehicular use area shall require a minimum landscape buffer of eight feet in depth or a berm along the lineal boundary of all streets or alleys and five feet along all other perimeters of the vehicular use area, except that the perimeter buffer shall not be required where it interferes with pedestrian access to a building for which the parking is provided or with loading, unloading and utility areas.

(3)

Berms may be used to fulfill the requirements of the eight foot exterior landscape buffer along the linear boundary of streets or alleys and shall comply with the following:

a.

Maximum rise to run ratio of 2:1 is provided.

b.

Minimum depth of the berm shall be eight feet.

c.

All areas shall be stabilized and maintained with appropriate landscape materials with ground covers, mulches or similar natural materials.

d.

Within residential developments, a decorative wall no higher than six feet may be used in lieu of a landscape buffer at the side or rear property lines with the approval of the review board.

e.

If perimeter buffer requirements overlap with the buffer yard and screening requirements as provided on Table 1232 in subsection (g) hereof, the greater requirement shall apply.

(4)

Landscaping requirements associated with vehicular use areas shall comply with the following:

a.

There shall be sufficient upper-story trees within and around the vehicular use area to ensure any portion of the vehicular use area is within 40 feet of a planted or retained tree trunk.

b.

The trees shall be located within the front or side street setbacks.

c.

The minimum landscape area for each tree shall be no less than 170 square feet with four feet minimum distance between all trees and paving at time of planting, measured at the base of the tree.

d.

Shrubs within a landscape buffer abutting a street right-of-way or within a perimeter of the vehicle use area shall be arranged to form a continuous row, designed to be planted three feet on center and must occupy the buffer for which they were calculated.

e.

The shrubs shall be planted no farther than four feet from the vehicular use area.

f.

Shrubs must be located within the interior landscaped area for which they were calculated.

g.

The required shrubs shall be maintained at a height of approximately 36 inches.

(5)

Other requirements include:

a.

All landscaped areas shall be stabilized and maintained with ground covers, mulches or similar natural materials to control weeds, prevent soil erosion and allow rainwater infiltration. Ground cover shall cover all portions of landscape area not occupied by landscape materials. Ground cover may consist of the following: grass or turf material, shrubs that do not exceed 12 inches in height at maturity, organic mulch or other pervious landscape amenity approved by the administrative officer.

b.

All landscaped areas shall be protected from vehicle damage by the installation of curbing, wheel stops or other comparable methods allowing for a 30-inch vehicle overhang.

c.

This standard shall not prohibit the use of planting areas as on-site storm water management devices. Vehicle overhang areas shall not count towards required minimum landscaping areas.

(6)

The following additional plantings required for residential development: In addition to other landscaping requirements, one upper-story tree shall be required to be planted within the required open space for every three dwelling units in multi-family residential developments.

(7)

All bulk waste receptacles are subject to the following:

a.

Outdoor bulk receptacles and storage areas shall be located outside of the required front setback and screened by using a gated, opaque fence or masonry wall, at a minimum of six feet in height.

b.

The fence or wall shall be combined with evergreen shrubs located at three-foot intervals around the foundation of the fence or wall.

c.

Outdoor bulk receptacles located within the functional rear of the property may be located within setback area to allow access for service provided the receptacles are properly gated, fenced, and screened.

d.

Location of the receptacle shall be coordinated with the director of public works.

(8)

All bulk utility equipment is subject to the following:

a.

Outdoor utility equipment shall be screened by using an opaque fence or masonry wall with a minimum height of at least one foot higher than the equipment to be screened.

b.

All fencing and masonry walls used for screening purposes shall be architecturally compatible with the proposed structures and shall have the finished side of the fence facing the abutting property or street.

c.

The fence or wall shall be combined with evergreen shrubs located at three-foot intervals around the foundation of the fence or wall.

(g)

Buffer yard and screening requirements: The size and type of vegetation required under this division shall be determined from Table 1233 in subsection (h) hereof.

Table 1232 Buffer Yard and Screening Requirements

(h)

Materials Required in Buffer Yards: The required landscape material to be utilized in buffer yards is provided in Table 1233.

Table 1233 - Landscape Materials Required Within Buffer Yards

¹ Walls are optional when industrial uses border residential districts.

(1)

The following shall apply for materials and determination of buffer yards:

a.

When a lot has a combination of different land uses, the buffer yard is calculated on the use of the highest impact.

b.

Where the functional rear and side of any commercially-zoned properties as determined by the administrative officer are across the street from any residentially-zoned property, the required buffer shall be a ten foot type "A" buffer.

c.

Where industrial and institutional uses are across the street from any residentially-zoned properties, the property shall be buffered as if the properties were abutting without the fence or wall.

d.

Where the adjacent land use is nonconforming, the depth of the buffer and live landscape materials shall be reduced by 60 percent.

e.

When two landscape buffers are abutting the materials for either, buffer may be intermingled provided the required amount for each buffer is maintained. A maintenance agreement between the property owners for the landscape areas will be required to be approved by the administrative officer before the buffer is accepted.

f.

When perimeter landscape buffers overlap, the greater requirement shall apply.

(2)

Exceptions to landscape materials requirements:

a.

When the site is impacted by one or more of the following, the materials within a required landscape buffer may be modified as follows:

i.

When natural body of water or stream that is within the required landscape buffer, the amount of trees and shrubs will be reduced by the linear area affected.

ii.

When the adjacent property is on elevation greater than six feet above from the developed property, the requirement for any wall will be removed by the linear feet affected, provided the property line is within six feet of the base of the slope.

b.

When a parcel of land is partially developed, then the area that is not developed is not required to be buffered, provided:

i.

The undeveloped area is at least 0.50 acres

ii.

The closest improvement, buildings, parking areas or any other structure is 100 feet from the neighboring property

iii.

There is no grading, clearing or any other disturbance of the area, other than water/sewer installation

iv.

Any development or site disturbance within this area will require installation of the required buffer if any portion of this property has been graded or clear cut of vegetation within the past three years.

c.

For "E" type buffer yards, a wall is not required when there are no structure or vehicle use areas within four times the width of the required buffer.

(3)

When required buffer and/or landscaping may interfere with overhead utility lines, the administrative officer is authorized to modify or waive the required plant materials.

(Ord. of 12-21-2020)

In those instances where the natural vegetation and topography are insufficient to achieve the desired level of screening required by this chapter, a planted buffer shall be provided and shall consist of plant material of such growth characteristics as will provide an acoustical and visual screen and/or erosion control barrier. Planted materials shall conform to the following specifications:

(a)

Trees used for screen purposes should be native to the region and shall not be deciduous. Trees should be at least three feet high above the ground when plated or which will, in normal growth, attain a height of six feet within three years.

(b)

Shrubs that are used to form hedges shall not be deciduous. Shrubs shall be a least two feet above the ground level when planted. They should be spaced in such a way that, when mature, they will form a continuous visual screen (hedge) that is at least six feet in height.

(c)

For purposes of erosion control, ground covers, perennial plants and shrubs shall be placed to facilitate development of a continuous root network within one year or the period of construction whichever is the greater.

(Ord. of 12-21-2020)

The owner and/or user of the property shall be responsible for installing the trees, shrubs and ground covers and maintaining them in good health in a neat and orderly appearance. This includes irrigating or watering, fertilizing, pruning and replanting where necessary. In cases of non-compliance, the administrative officer shall be empowered to take action as provided by law to ensure maintenance of all plant and landscaping materials.

(Ord. of 12-21-2020)

Where buffers are required, the applicant must demonstrate, whether on appropriate plans or after inspection by the administrative officer, that the plant materials in place or installed achieve the required screening and/or erosion controls. All site plans, plot plans and grading and drainage plans shall indicate all required buffers and landscape strips.

Required buffers, landscape strips and parking lot landscaping shall be installed in accordance with approved plans prior to the issuance of a certificate of occupancy. Certificates of occupancy may be withheld if, after inspection, the required buffers and landscape strips have not been installed in accordance with approved plans. However, owing to special conditions or exceptional circumstance such as drought, said buffers and landscape strips may be installed within 90 days after the issuance of a certificate of occupancy, provided that a letter of credit, escrow money, performance bond or other approved alternative is submitted to the administrative officer prior to the issuance of a certificate of occupancy.

(Ord. of 12-21-2020)

The single exception to the buffer, landscape, screening and open space requirements is public and semi-public buildings and uses to house communication equipment, pumps, security or similar such uses, as determined by the administrative officer, located on small parcels that could not normally meet the buffer, landscape, screening and open space requirements in article X.

(Ord. of 12-21-2020)

This division shall be known and may be cited as the airport hazard overlay district (AH). The description of airport zones is comprehensive for the Habersham County Airport airspace requirements, but enforcement of this division applies only to the unincorporated areas of Habersham County.

(Ord. of 12-21-2020)

This division is adopted pursuant to the authority conferred by Article IX, Section II, Paragraph IV of the Constitution of the State of Georgia. It is hereby found that an obstruction has the potential for endangering the lives and property of users of the Habersham County Airport and property or occupants of land in its vicinity; that an obstruction may affect existing and future instrument approach minimums of Habersham County Airport and that an obstruction may reduce the size of areas available for the landing, takeoff and maneuvering of aircraft, thus tending to destroy or impair the utility of Habersham County Airport and the public investment therein. Accordingly, it is declared:

(a)

That the creation or establishment of an obstruction has the potential of being a public nuisance and may injure the region served by Habersham County Airport;

(b)

That it is necessary in the interest of the public health, public safety and general welfare that the creation or establishment of obstructions that are a hazard to air navigation be prevented; and

(c)

That the prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of the police power.

It is further declared that the prevention of the creation or establishment of hazards to air navigation; the elimination, removal, alteration or mitigation of hazards to air navigation and the marking and lighting of obstructions are public purposes for which a political subdivision may raise and expend public funds and acquire land or interests in land.

(Ord. of 12-21-2020)

As used in this article, unless the context otherwise requires, the following definitions shall apply:

Airport: The Habersham County Airport.

Airport elevation: The highest point of an airport's usable landing area measured in feet from sea level, which is 1,448 feet for the Habersham County Airport.

Approach surface: A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in sections 68-1513 and 68-1514.

Approach, transitional, horizontal and conical zones: These zones are defined as set forth in sections 68-1513 and 68-1514.

Conical surface: A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to one for a horizontal distance of 4,000 feet.

Hazard to air navigation: An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

Height: For the purpose of determining the height limits in all zones set forth in this division and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.

Heliport primary surface: The area of the primary surface coincides in size and shape with the designated takeoff and landing area of a heliport. This surface is a horizontal plane at the elevation of the established heliport elevation.

Horizontal surface: A horizontal plane 150 feet above the established airport elevation, the perimeter of which coincides with the perimeter of the horizontal zone.

Larger than utility runway: A runway that is constructed for and intended to be used by propeller-driven aircraft of greater than 12,500 pounds maximum gross weight and jet-powered aircraft.

Nonconforming use: Any preexisting structure, object of natural growth or use of land which is inconsistent with the provisions of this chapter or an amendment thereto.

Nonprecision instrument runway: A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance or area type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned.

Obstruction: Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in sections 68-1513 and 68-1514.

Person: An individual, firm, partnership, corporation, company, association, joint-stock association or governmental entity; such term includes a trustee, a receiver, an assignee or a similar representative of any of them.

Planning commission: A board consisting of seven members appointed by the Habersham County Board of Commissioners.

Precision instrument runway: A runway having an existing instrument approach procedure utilizing an instrument landing system (ILS), global positioning system (GPS), a precision approach radar (PAR) or any precision approach system adopted by the Federal Aviation Administration. It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.

Primary surface: A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; for military runways or when the runway has no specially prepared hard surface, or planned hard surface the primary surface ends at each end of that runway. The width of the primary surface is set forth in sections 68-1513 and 1514. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

Runway: A defined area on an airport prepared for landing and takeoff of aircraft along its length.

Structure: An object, including a mobile object, constructed or installed by man including, but without limitation, buildings, towers, cranes, smokestacks, earth formations and overhead transmission lines.

Transitional surfaces: These surfaces extend outward at 90-degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at 90-degree angles to the extended runway centerline.

Tree: Any object of natural growth.

Utility runway: A runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross weight and less.

Visual runway: A runway intended solely for the operation of aircraft using visual approach procedures.

(Ord. of 12-21-2020)

In order to carry out the provisions of this division, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces; horizontal surfaces, and conical surfaces as they apply to the Habersham County Airport. Such zones are shown on the Habersham County Airport zoning map consisting of one sheet, prepared by the Habersham County Planning and Development Department, which is, by this reference, made a part of this division. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows:

(a)

Utility runway visual approach zone: The inner edge of this approach zone coincides with the width of the primary surface and is 100 feet wide. The approach zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(b)

Utility runway nonprecision instrument approach zone: The inner edge of this approach zone of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 2,000 feet at a horizontal distance 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(c)

Runway larger than utility visual approach zone: The inner edge of this approach zone coincides with the width of the primary surface and is 100 feet wide. The approach zone expands outward uniformly to a width of 1,500 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(d)

Runway larger than utility with a visibility minimum greater than three-fourths-mile nonprecision instrument approach zone: The inner edge of this approach zone coincides with the width of the primary surface and is 100 feet wide. The approach zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(e)

Runway larger than utility with a visibility minimum as low as three-fourths-mile nonprecision instrument approach zone: The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 4,000 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(f)

Precision instrument runway approach zone: The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(g)

Heliport approach zone: The inner edge of this approach zone coincides with the width of the primary surface and is 100 feet wide. The approach zone expands outward uniformly to a width of 500 feet at a horizontal distance of 4,000 feet from the primary surface.

(h)

Transitional zones: The transitional zones are the areas beneath the transitional surfaces.

(i)

Heliport transitional zones: These zones extend outward from the sides of the primary surface and the heliport approach zones a horizontal distance of 250 feet from the primary surface centerline and the heliport approach zone centerline.

(j)

Horizontal zone: The horizontal zone is established by swinging arcs of 10,000 feet radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.

(k)

Conical zone: The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet.

(Ord. of 12-21-2020)

Except as otherwise provided in this article, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any zone created by this article to a height in excess of the applicable height limit herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows:

(a)

Utility runway visual approach zone: Slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.

(b)

Utility runway nonprecision instrument approach zone: Slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.

(c)

Runway larger than utility visual approach zone: Slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.

(d)

Runway larger than utility with a visibility minimum greater than three-fourths-mile nonprecision instrument approach zone: Slopes 34 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline.

(e)

Runway larger than utility with a visibility minimum as low as three-fourths-mile nonprecision instrument approach zone: Slopes 34 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline.

(f)

Precision instrument runway approach zone: Slopes 50 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline; thence slopes upward 40 feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway centerline.

(g)

Heliport approach zone: Slopes eight feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a distance of 4,000 feet along the heliport approach zone centerline.

(h)

Transitional zones: Slopes seven feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation which is 1,598 feet above mean sea level. In addition to the foregoing, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface and extending to where they interest the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending a horizontal distance of 5,000 feet measured at 90-degree angles to the extended runway centerline.

(i)

Heliport transitional zones: Slopes two feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the heliport approach zones and extending a distance of 250 feet measured horizontally from and at 90 degree angles to the primary surface centerline and heliport approach zones centerline.

(j)

Horizontal zone: Established at 150 feet above the airport elevation or at a height of 1,598 feet above mean sea level.

(k)

Conical zone: Slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation.

(Ord. of 12-21-2020)

Notwithstanding any other provisions, no use may be made of land or water within any zone established by this article in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and other lights, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards or otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport.

(Ord. of 12-21-2020)

(a)

Regulations not retroactive. The regulations prescribed by this article shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the effective date or otherwise interfere with the continuance of nonconforming use. Nothing contained herein shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this article, and is diligently prosecuted.

(b)

Marking and lighting. Notwithstanding the preceding provisions of this section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the Habersham County Airport Commission to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated and maintained at the expense of the airport commission.

(Ord. of 12-21-2020)

(a)

Future uses. Except as specifically provided in paragraphs (1), (2) and (3) hereunder, no material change shall be made in the use of the land, no structure shall be erected or otherwise established and no tree shall be planted in any zone created in this article unless a permit therefore shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this article shall be granted unless a variance has been approved in accordance with section 68-1517(d) of this chapter.

(1)

In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree less than 75 feet of vertical height above the ground, except when, because of terrain, land contour or topographic features, such tree would extend above the height limits prescribed for such zones.

(2)

In areas lying within the limits of the approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree less than 75 feet of vertical height above the ground, except when such tree would extend above the height limit prescribed for such approach zones.

(3)

In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree less than 75 feet of vertical height above the ground, except when such tree, because of terrain, land contour or topographic features, would extend above the height limit prescribed for such transition zones.

(4)

Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, or growth of any tree in excess of any of the height limits established by this article.

(b)

Existing uses. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure or tree to become a greater hazard to air navigation than it was on the effective date of this article or any amendments thereto or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.

(c)

Nonconforming uses abandoned or destroyed. Whenever the administrative officer determines that a nonconforming tree or structure has been abandoned or more than 50 percent torn down, physically deteriorated or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.

(d)

Variances. Any person desiring to erect or increase the height of any structure or permit the growth of any tree or use property not in accordance with the regulations prescribed in this article, may apply to the planning commission for a variance from such regulations. The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances may be allowed where it is found that a literal application or enforcement of the regulations will result in unnecessary hardship and relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice and will be in accordance with the spirit of this article. Additionally, no application for variance to the requirements of this article may be considered by the planning commission unless a copy of the application has been furnished to the Habersham County Airport Commission for advice as to the aeronautical effects of the variance. If the Habersham County Airport Commission does not respond to the application within 30 days after receipt, the planning commission may act on its own to grant or deny said application.

(e)

Obstruction marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this article and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate and maintain, at the owner's expense, such markings and lights as may be necessary. If deemed proper by the planning commission, this condition may be modified to require the owner to permit the Habersham County Airport Commission, at its own expense, to install, operate and maintain the necessary markings and lights.

(Ord. of 12-21-2020)

It shall be the duty of the administrative officer to administer and enforce the regulations prescribed in this article. Applications for permits and variances shall be made to the administrative officer upon a form published for that purpose. Applications required by this article to be submitted to the administrative officer shall be promptly considered and granted or denied. Application for action by the planning commission shall be forthwith transmitted by the administrative officer.

(Ord. of 12-21-2020)

Where there exists a conflict between any of the regulations or limitations prescribed in this article and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, and the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail.

(Ord. of 12-21-2020)

If any of the provisions of this article or the application thereof to any person or circumstances are held invalid, such invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provision or application, and to this end, the provisions of this article are declared to be severable.

(Ord. of 12-21-2020)