Hall County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE 7
- Use Provisions
Sec. 7.1. - Use Classification
7.1.1. Principal Uses
A.
In order to regulate a variety of similar uses, use categories have been established for principal uses. Use categories provide a systematic basis for assigning uses to appropriate categories with other, similar uses. Use categories classify principal uses and activities based on common functional, product or physical characteristics.
B.
Where a use category contains a list of included uses, the list is to be considered example uses, and not all-inclusive. The Director has the responsibility for categorizing all uses.
C.
The allowed use table in Sec. 7.2 establishes permitted uses by zoning district. No building or lot may be used except for a purpose permitted in the district in which it is located. Principal uses not specifically listed must be approved by the Director in accordance with Sec. 7.1.4.
D.
Permitted uses may be further restricted as specified in Article 6 (Special and Overlay Districts).
E.
Use definitions and use standards for principal uses are specified in Sec. 7.3 (Residential Uses) through Sec. 7.7 (Agricultural Uses).
7.1.2. Accessory Uses
A.
An accessory use is any use that is subordinate in both purpose and size, incidental to and customarily associated with a permitted principal use located on the same lot.
B.
The allowed use table in Sec. 7.2 establishes permitted accessory uses by district, except as may be further restricted in Article 6 (Special and Overlay Districts).
C.
Use definitions and use standards for accessory uses are specified in Sec. 7.8.
7.1.3. Temporary Uses
A.
A temporary use is a use that is in place for a limited period only.
B.
The allowed use table in Sec. 7.2 establishes permitted accessory uses by district, except as may be further restricted in Article 6 (Special and Overlay Districts).
C.
Use definitions and use standards for temporary uses are specified in Sec. 7.9.
7.1.4. Principal Uses Not Listed
A.
A principal use not specifically listed is prohibited unless the Director determines the use to be part of a use category as described below.
B.
The Director is responsible for categorizing all principal uses. If a proposed use is not listed but is similar to a listed use, the Director may consider the proposed use part of that use category. When determining whether a proposed use is similar to a listed use, the Director must consider the following criteria:
1.
The actual or projected characteristics of the proposed use;
2.
The relative amount of site area or floor area and equipment devoted to the proposed use;
3.
Relative amounts of sales;
4.
The customer type;
5.
The relative number of employees;
6.
Hours of operation;
7.
Building and site arrangement;
8.
Types of vehicles used and their parking requirements;
9.
The number of vehicle trips generated;
10.
How the proposed use is advertised;
11.
The likely impact on surrounding properties; and
12.
Whether the activity is likely to be found independent of the other activities on the site.
C.
Where a use not listed is found by the Director not to be similar to any other permitted use, the Director may petition the Planning Commission for review and consideration of such determination. (See Sec. 11.2).
D.
Where a use not listed is found by the Planning Commission not to be similar to any other permitted use, the use is only permitted following a text amendment to this UDC.
7.1.5. Accessory Uses Not Listed
A.
An accessory use not specifically listed is prohibited unless the Director determines the accessory use:
1.
Is clearly incidental to and customarily found in connection with an allowed principal use;
2.
Is subordinate to and serving an allowed principal use;
3.
Is subordinate in area, extent, and purpose to the principal use served;
4.
Contributes to the comfort, convenience or needs of occupants, business or industry in the principal use served; and
5.
Is located on the same lot as the principal use served.
7.1.6. Legacy Uses
An applicant may establish or expand a business in any zoning district where the below criteria are met, irrespective of the limitations of the Allowed Use Table in Sec. 7.2. These criteria are intended to allow existing commercial buildings to be utilized to incubate small businesses and artisans reflective of their traditional roles as community focal points, as a tool for economic development, and as an important component of the local identity.
A.
Legacy Uses are considered conditional uses permits and as such are subject to approval from the Planning Commission in accordance with Sec. 11.2.
B.
The use is limited to any of the following:
1.
Restaurant.
2.
General retail.
3.
Craft manufacturing.
4.
Office.
C.
The use will occupy a principal building constructed prior to January 1, 1978; which was built or modified to include commercial space that faces and is directly accessible from the adjacent public right-of-way; and where it can be shown that a lawful commercial use occupies, or previously occupied, the commercial space.
D.
The use must meet all parking requirements of this UDC.
E.
The use may re-use an existing nonconforming sign, but new signs must comply with the sign provisions of this UDC. Request for re-use of such nonconforming signs must be included in the application for Legacy Use submitted to the Department of Planning and Zoning.
F.
Any nonconforming outdoor lighting, fence, or parking lot must be brought into conformance with this UDC prior to the issuance of a certificate of occupancy.
7.1.7. Use Table Key
A.
Permitted Use (P)
Indicates a use is permitted in the respective district. The use is also subject to all other applicable requirements of this UDC.
B.
Special Use (SU)
Indicates a use may be permitted in the respective district only where approved by the County Board of Commissioners in accordance with Sec. 11.2. Special uses are subject to all other applicable requirements of this UDC, including any applicable use standards, except where the use standards are expressly modified by the County Commission as part of the approval.
C.
Conditional Use Permit (CUP)
Indicates a use is permitted in the respective district only when approved by the Planning Commission and subject to all other applicable requirements of this UDC, including the standards for such uses, except where the use standards are expressly modified by the Planning Commission as a part of the conditional use permit approval.
D.
Use Not Permitted
A "—" in a cell indicates that a use is not permitted in the respective district.
Sec. 7.2. - Allowed Use Table
7.2.1. Allowed Use Table
Sec. 7.3. - Residential Uses
7.3.1. Household Living
A.
Defined
Occupancy of a dwelling unit by a household. Household living includes the following:
1.
Single-family dwelling.
2.
Mobile home.
3.
Manufactured home.
4.
Two-family dwelling.
5.
Townhouse.
6.
Multi-family dwelling.
7.
Live-work.
8.
Cottage Court.
B.
Single-Family Dwelling
1.
Defined
A detached dwelling on its own lot, other than a mobile home, modular home, or travel trailer, designed and used for permanent occupancy by one-family.
C.
Mobile Home
1.
Defined
A dwelling manufactured prior to June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on-site, is 320 or more square feet in floor area, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein.
D.
Manufactured Home
1.
Defined
A dwelling fabricated in an off-site facility for installation or assembly at the building site, bearing a label certifying that it is constructed in compliance with the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401, et seq.), which first became effective on June 15, 1976. The term "manufactured home" includes a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on-site, is 320 or more square feet in floor area, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein, except that such term includes any structure which meets all the requirements of this definition except the size requirement and with respect to which the manufacturer voluntarily files a certification required by the Federal Secretary of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974.
E.
Two-Family Dwelling
1.
Defined
A detached dwelling designed and used for permanent occupancy by two families living independently of each other.
F.
Townhouse
1.
Defined
A building containing three or more attached dwelling units in which each unit is designed and used for permanent occupancy by one-family, each unit is located on an individual lot and has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common walls. This definition also includes the terms "single-family attached" or "zero-lot line."
2.
Use Standards
a.
No individual building may contain more than 6 attached units.
b.
When more than one principal building is constructed on a lot, buildings must be separated by at least 10 feet.
c.
Common parking areas must be located to the side or rear of the dwellings. Access to parking areas must be provided by a shared driveway or alley at least 20 feet in width.
d.
Driveway access for individual units is not permitted when located along a public street and must be located to the rear of the dwelling. Access must be provided by a shared driveway or alley at least 20 feet in width.
e.
Buildings containing more than three attached units must be designed so that facades and roofs are staggered or offset by at least 3 feet for every grouping of three units.
f.
When subdivided fee simple, each townhouse lot must be at least 2,000 square feet in area.
G.
Multi-Family Dwelling
1.
Defined
A building or lot designed and used for permanent occupancy by three or more families living independently of each other in attached or detached units, and not otherwise meeting the definition of townhouse.
2.
Use Standards
a.
Multi-family dwellings must be developed with adequate provisions for access and for adequate protection of the surrounding properties.
b.
When more than one principal building is constructed on a lot, the buildings must collectively and individually adhere to the setback requirements of the district in which they are located.
c.
When more than one principal building is constructed on a lot, external areas must be lighted.
d.
When more than one principal building is constructed on a lot, buildings must be separated by at least 10 feet.
e.
When swimming facilities are provided, they must be enclosed by a fence at least 4 feet high. Fences must include a self-latching or self-closing gate.
f.
Areas not utilized for buildings, off-street parking, or off-street loading must be landscaped and maintained by the property owner.
g.
Off-street loading, unloading, and service areas are required in accordance with Sec. 8.1.5.
H.
Live-Work
1.
Defined
Nonresidential activity conducted wholly within a dwelling unit that allows employees, customers, clients or patrons to visit.
2.
Use Standards
a.
Live-work is only permitted on the ground floor of a dwelling unit.
b.
A minimum of one person must occupy the dwelling containing the live-work use as their primary place of residence.
c.
The live-work use may employ no more than two persons not living on the premises at any one time.
d.
No business storage or warehousing of material, supplies or equipment is permitted outside of the dwelling containing the live-work use.
e.
The nonresidential use of the live-work use is limited to a permitted or special use allowed in the zoning district.
f.
No equipment or process may be used that creates, without limitation, noise, dust, vibration, glare, fumes, odors, or electrical interference detectable to the normal human senses, off the premises.
g.
No more than five customers are permitted on the premises at any one time.
I.
Cottage Court
1.
Defined
Clustered groups of smaller detached dwellings arranged around a central common area such as a park, commons, courtyard, or garden.
2.
Use Standards
a.
At least 4 and no more than 12 detached dwelling units are permitted for each central common area.
i.
When more than one cottage court is developed on a lot, each cluster must be accessible from a public right-of-way or shared private driveway with access to a public right-of-way.
b.
Each dwelling unit must have frontage on and direct access to the central common area.
c.
Front porches must be provided for each individual dwelling unit.
d.
Common areas must be provided at a ratio of 600 square feet for each dwelling unit. No common area may be less than 3,000 square feet.
e.
Common areas should consist of pervious materials except for walkways, trails, benches, decorative elements, and other impervious materials as approved by the Director.
f.
Common parking areas must be located to the side or rear of the dwellings. Access to parking areas must be provided by a shared driveway or alley at least 20 feet in width.
g.
Individual parking areas, where provided, must be located to the side or rear of the dwelling. Access must be provided by a shared driveway or alley at least 20 feet in width.
7.3.2. Group Living
A.
Defined
Residential occupancy of a structure by a group of people that does not meet the definition of household living. Generally, group living facilities have a common eating area for residents, and residents may receive care or training.
The Fair Housing Act (42 U.S.C. Section 3604(f)(3)) makes it unlawful to make a dwelling unavailable to a person because of race, color, national origin, sex, familial status, handicap or disability. No policy or practice of this UDC is intended to have a disparate impact on a protected class. Further, in order to avoid prohibited discrimination, if a person or persons identified as a protected class believes a reasonable accommodation can be made to any use restriction, that person or persons are required to make an application for a special use or zoning text or map change.
Group living includes the following:
1.
Boardinghouse.
2.
Community Residence.
3.
Group home.
4.
Institutional residential.
5.
Shelter.
B.
Boardinghouse
1.
Defined
A dwelling in which meals and lodging are furnished for compensation to more than four but not more than nine guests. Such dwellings may not contain more than five guest rooms.
C.
Community Residence
1.
Defined
A single dwelling unit occupied on a relatively permanent basis in a family-like environment by a group of unrelated persons with disabilities or pregnant or parenting youth who are displaced or in DFACS custody plus paid support staff by a sponsoring agency, either living with the residents on a 24-hour basis, or present whenever residents with disabilities are present at the dwelling.
2.
Standards
A community residence must comply with applicable federal, state, and local licensing requirements.
D.
Group Home
1.
Defined
A residential care facility in which:
a.
The operator is not legally related to the individuals supervised and is licensed by the State of Georgia to provide community alternatives in a residential environment to institutional care for individuals in need of such care.
b.
More than five persons reside, including operators, supervisors, and individuals under care.
c.
Such individuals are provided with room, board, personal or physical care and supervision in a family environment. The term group home includes, without limitation by reason of enumeration, home as established under the "Community Services Act for the Mentally Retarded" (Ga. Laws 1972, page 700), and other homes of similar intention and purpose; but does not include facilities housing persons convicted of crimes but not housed in penal institutions.
E.
Institutional Residential
1.
Defined
An umbrella term that encompasses the following:
a.
Assisted Living Facility.
Residences for the frail or elderly that provide rooms, meals, personal care, and supervision of self-administered medication.
b.
Independent Living.
Adults at least 55 years of age or older living within multi-family rental properties with central dining facilities that provide residents, as part of their monthly fee, access to meals and other services such as housekeeping, linen service, transportation, and social and recreational activities. Independent living facilities do not provide, in a majority of the units, assistance with activities of daily living such as supervision of medication, bathing, dressing, and toileting. There are no licensed skilled nursing beds on the property.
c.
Intermediate Care Home.
A facility that admits residents on medical referral only, and includes the provision of food, and special diets when required, shelter, laundry and personal care services, such as help with dressing, getting in and out of bed, bathing, feeding, medications and similar assistance, such services being under appropriate licensed supervision. Intermediate care does not normally include providing care for bed-ridden patients except on an emergency or temporary basis.
d.
Nursing home.
A facility that admits patients on medical referral only and for whom arrangements have been made for continuous medical supervision, maintains the services and facilities for skilled nursing care, rehabilitative nursing care, and has a satisfactory agreement with a physician and dentist who will be available for any medical or dental emergency and who will be responsible for the general medical and dental supervision of the home.
e.
Skilled Nursing Care Facility.
A facility that admits residents on medical referral; it maintains the services and facilities for skilled nursing care and has a satisfactory agreement with a physician and dentist who will provide continuing supervision including emergencies; it complies with rules and regulations of the Georgia Department of Human Resources. The term "skilled nursing care" means the application of recognized nursing methods, procedures, and actions directed toward implementation of the physician's therapeutic and diagnostic plan, detection of changes in the human body's regulatory system, preservation of such body defenses, prevention of complications and emotional well-being, including, but not limited to the following:
i.
The administration of oral or injectable medications which cannot be self-administered. Others include the administration of oxygen, the use of suction, the insertion or changing of catheters, the application of medicated dressings, the use of aseptic technique and preparation of the patient for special procedures.
ii.
Observation in the care of the patient for symptoms and/or physical and mental signs that may develop and which will require attention of the physician and a revision in the patient's treatment regimen.
2.
Use Standards
a.
Facilities must conform with the requirements of the Georgia State Board of Health and any other applicable federal or state licensing requirements.
b.
Plans for facilities must receive the written approval of the Hall County Board of Health before issuance of any permits.
c.
Copies of the above approvals must be attached to the building permit to be retained in the files of the County Building Official.
F.
Emergency Shelter
1.
Defined
A facility providing temporary sleeping facilities for displaced persons.
Sec. 7.4. - Public/Institutional Uses
7.4.1. Civic
A.
Defined
Places of public assembly that provide ongoing governmental, life safety, educational and cultural services to the general public, as well as meeting areas for religious practice. Civic includes the following:
1.
Fraternal organization and club, nonprofit.
2.
Place of worship.
3.
Community centers.
4.
College, public or private.
5.
Nonprofit private club.
6.
Public buildings and uses.
7.
Museum, library.
8.
School, private.
B.
Fraternal Organization and Club, Nonprofit
1.
Defined
A building or facility in which organized fraternal, social or educational meetings are conducted on a regular nonprofit basis.
2.
Use Standards
a.
The minimum lot size is 2 acres.
b.
Organizations must provide evidence of recognition or sanction from a parent group or organization.
C.
Place of worship
1.
Defined
A specially designed structure or consecrated space where individuals or a group of people such as a congregation come to perform acts of devotion, veneration, or religious study. Temples, churches, synagogues, and mosques are examples of structures created for worship.
D.
Community Center
1.
Defined
A noncommercial building, structure, or use that provides indoor community meeting rooms and may also provide outdoor facilities such as swimming pools, tennis courts, and playgrounds.
E.
College, Public or Private
1.
Defined
A public or private institution of higher education having the authority to award bachelor's and higher degrees.
F.
Nonprofit Private Club
1.
Defined
A noncommercial building, structure, or use that may include indoor meeting rooms, indoor recreation areas or outdoor recreation facilities such as golf courses, tennis courts, swimming pools or playgrounds.
2.
Use Standards
a.
When a nonprofit private club includes outdoor recreation facilities, the minimum lot size is 2 acres.
b.
A private club must show that its membership is limited by either:
i.
The use and operation of an outdoor recreation facility; or
ii.
Exclusive use by residents of a development or their nonpaying guests.
G.
Public Buildings and Uses
1.
Defined
Any building, structure, or use owned or operated by the federal government, State of Georgia, county, city or other municipality, or any authority, agency, board, or commission of the above governments, that is necessary to serve a public purpose, including, but not limited to, government administrative buildings, post offices, police, fire and EMS stations, public health facilities, public libraries, public museums, public schools, public works facilities, community centers, and jails and correctional facilities.
H.
Museum, Library, Private
1.
Defined
A private facility having public significance by reason of its architecture or former use or occupancy, or a building serving as a repository for a collection of books, natural, scientific, literary curiosities or objects of interest, or works of art, and arranged, intended, and designed to be viewed by members of the public, with or without an admission fee, and which may include as an accessory use the sale of goods to the public as gifts or for their own use.
I.
School, Private
1.
Defined
An educational facility for students in grades pre-kindergarten through 12 that is operated by a private entity and has a curriculum at least equal to a public school with regard to the branches of learning and study required to be taught in the public schools of the State of Georgia.
2.
Use Standards
a.
The minimum lot size is 2 acres.
b.
Buildings and parking areas must be at least 50 feet from any property line.
c.
Accessory structures and uses such as recreational facilities, playgrounds, fields and similar structures or uses must be at least 100 feet from any property line.
7.4.2. Parks and Open Space
A.
Defined
Uses focusing on natural areas consisting mostly of vegetation, passive or active outdoor recreation areas, and having few structures. Parks and open space include the following:
1.
Cemetery.
2.
Marina.
3.
Parks, plaza, square.
4.
Playgrounds.
5.
Open space, private.
B.
Cemetery, Private
1.
Defined
The use of a property as a burial place, including mausoleums or columbariums, and other accessory structures customarily incidental to the principal use. Does not include family burial plots or burial grounds on private property as established in the O.C.G.A. § 36-72-1.
C.
Marina
1.
Defined
A dock or basin providing secure moorings for docking or storage, and other related goods or services, for private watercraft.
D.
Parks, Plaza, Square
1.
Defined
A parcel of land owned by a public or private organization that is used for noncommercial outdoor assembly, enjoyment, play, recreation, or natural resource protection, often containing seating, walking paths, trails, recreational equipment, ball fields, soccer fields, basketball courts, swimming pools, and tennis courts. Uses may include food or recreational sales as accessory uses.
E.
Playground
1.
Defined
An area used for children to play often containing recreational equipment such as slides, swings, or climbing frames, but not recreational fields.
2.
Use Standards
a.
Playgrounds may be private or public.
b.
Playgrounds may be permitted as an accessory use in residential districts or uses.
F.
Open Space, private
1.
Defined
A privately owned or controlled natural or improved open space, including, but not limited to, playgrounds, parks, plazas, gardens, natural areas, and other areas for passive use or aesthetic appeal.
7.4.3. Major Utilities
A.
Defined
Public or private infrastructure serving the general community, including, but not limited to water, sewer, gas, electric, telephone, Internet, cable and other similar services. Major utilities include the following.
1.
Natural gas metering station.
2.
Utility substation.
3.
Water or sanitary sewer treatment plants, aeration facilities, or filter beds.
4.
Water and fire towers.
B.
Natural Gas Metering Station
1.
Defined
A pipeline station designed for the continuous and simultaneous analysis of the quantity and quality of the natural gas being transported in the pipeline.
C.
Utility Substation
1.
Defined
A facility consisting of equipment used for reducing electric, gas, water, cable, internet, or other public utility transmission to one that is suitable for supply to consumers.
2.
Use Standards
a.
Exterior lighting must be of a type which prevents direct view of the light source from adjacent residences.
b.
Major utilities must be screened in a manner to hide it from view from the adjacent property. The screening material must be a landscaped buffer as provided for in Sec. 8.2.4 and may be no less than 10 feet in width.
c.
The equipment contained on the site must be enclosed by a locked security fence at least 6 feet in height. A masonry wall at least 6 feet in height may also serve as the security fence.
7.4.4. Small Wireless Facilities and Antennas
A.
Authority and Applicable Law
Federal law, specifically Title 47 U.S.C. § 253 (c) provides that counties, including Hall County, have the authority to manage their public rights-of-way. State law, specifically O.C.G.A. § 32-4-42(6) provides that counties, including Hall County, have the authority to establish reasonable regulations for the installation, construction, maintenance, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers, traffic signals and other signals, and other equipment, facilities, or appliances in, on, along, over, or under the public roads of the county. Finally, the Georgia Streamlining Wireless Facilities and Antennas Act, found at O.C.G.A. tit. 36, ch. 66C (the "SWFAA"), addresses the placement of small wireless facilities in the public rights-of-way belonging to counties.
B.
Findings
The county finds that it is in the best interest of the county and its residents and businesses to establish requirements, specifications, and reasonable conditions regarding placement of small wireless facilities and poles in the public rights-of-way. These requirements, specifications, and conditions are adopted to protect the public health, safety, and welfare of the residents and businesses of the county and to reasonably manage and protect the public rights-of-way and its uses in the county. The goals of this section are to:
1.
Implement the SWFAA; and
2.
Ensure that use of the public rights-of-way is consistent with the design, appearance, and other features of nearby land uses; protects the integrity of historic, cultural, and scenic resources; and does not harm residents' quality of life.
C.
Definitions
1.
The following words shall have the meanings as ascribed to them in this Sec. 7.4.4.
2.
In the event that any federal or state law containing definitions used in this section is amended, the definition in the referenced section, as amended, shall control.
Antenna. Communications equipment that transmits, receives, or both transmits and receives electromagnetic radio frequency signals used in the provision of wireless services or other wireless communications; or other similar equipment used for the transmission, reception, or both transmission and reception of surface waves. Such term shall not include television broadcast antennas, antennas designed for amateur radio use, or satellite dishes for residential or household purposes.
Applicable laws. Applicable local, state, and federal law, including uniform building, fire, safety, electrical, plumbing, or mechanical codes adopted by a recognized national code organization to the extent such codes have been adopted by the state or county or are otherwise applicable in the county.
Applicant. Any person that submits an application.
Application. A written request submitted by an applicant to the county for a permit to collocate a small wireless facility in a right-of-way, or install, modify, or replace a pole or decorative pole in a right-of-way on which a small wireless facility is or will be collocated.
Articles. Refers to this Sec. 7.4.4 and Articles I, II, and III of Chapter 7.412 of the Official Code of Hall County, Georgia.
Authority pole. A pole owned, managed, or operated by or on behalf of the county. Such term shall not include poles, support structures, electric transmission structures, or equipment of any type owned by an electric supplier.
Collocate or collocation. To install, mount, modify, or replace a small wireless facility on or adjacent to a pole, decorative pole, or support structure.
Communications facility. The set of equipment and network components, including wires and cables and associated equipment and network components, used by a communications service provider to provide communications services.
Communications service provider. A provider of communications services.
Communications services. Cable service as defined in 47 U.S.C. § 522 (6); telecommunications service as defined in 47 U.S.C. § 153 (53); information service as defined in 47 U.S.C. § 153 (24), as each such term existed on January 1, 2019; or wireless services.
Consolidated application. An application for the collocation of multiple small wireless facilities on existing poles or support structures or for the installation, modification, or replacement of multiple poles and the collocation of associated small wireless facilities.
Decorative pole. An authority pole that is specially designed and placed for aesthetic purposes.
Electric supplier. Any electric light and power company subject to regulation by the Georgia Public Service Commission, any electric membership corporation furnishing retail service in this state, and any municipality which furnishes such service within this state.
Eligible facilities request. An eligible facilities request as set forth in 47 U.S.C. § 1.40001(b)(3), as it existed on January 1, 2019.
FCC. The Federal Communications Commission of the United States.
Fee. A one-time, nonrecurring charge based on time and expense.
Historic site. Refers to the following:
1.
Any site, building, structure, or object included in, or eligible for inclusion in, the National Register of Historic Places maintained by the secretary of the interior of the United States in accordance with Section VI.D.1.a.iv of the Nationwide Programmatic Agreement codified by 47 U.S.C. § Part 1; or
2.
Any area designated as a historic district under Article 2 of Chapter 10 of Title 44, referred to as the Georgia Historic Preservation Act; or
3.
Any area designated as a historic district or property by law prior to April 26, 2019.
Law. Includes any and all federal, state, or local laws, statutes, common laws, codes, rules, regulations, orders, or ordinances.
Micro wireless facility. A small wireless facility not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height that has an exterior antenna, if any, no longer than 11 inches.
Permit. A written authorization, in electronic or hard copy format, required to be issued by the county to initiate, continue, or complete the collocation of a small wireless facility or the installation, modification, or replacement of a pole or decorative pole upon which a small wireless facility is collocated.
Person. Any individual, corporation, limited liability company, partnership, association, trust, or other entity or organization.
Pole. A vertical pole such as a utility, lighting, traffic, or similar pole made of wood, concrete, metal, or other material that is lawfully located or to be located within a right-of-way, including without limitation a replacement pole and an authority pole. Such term shall not include a support structure, decorative pole, or electric transmission structure.
Rate. A recurring charge.
Reconditioning work. The activities associated with substantially painting, reconditioning, improving, or repairing authority poles.
Replace, replacement, or replacing. To replace a pole or decorative pole with a new pole or a new decorative pole, similar in design, size, and scale to the existing pole or decorative pole consistent with 47 C.F.R. § 1.40001 (b) (7) as it existed on January 1, 2019, in order to address limitations of, or change requirements applicable to, the existing pole to structurally support the collocation of a small wireless facility.
Replacement work. The activities associated with replacing an authority pole.
Right-of-way. Generally, property or any interest therein, whether or not in the form of a strip, which is acquired for or devoted to a public road; provided, however, that such term shall apply only to property or an interest therein that is under the ownership or control of the county and shall not include property or any interest therein acquired for or devoted to an interstate highway or the public rights, structures, sidewalks, facilities, and appurtenances of buildings for public equipment and personnel used for or engaged in administration, construction, or maintenance of public roads or research pertaining thereto or scenic easements and easements of light, air, view, and/or access.
Small wireless facility. Radio transceivers; surface wave couplers; antennas; coaxial, fiber optic, or other cabling; power supply; backup batteries; and comparable and associated equipment, regardless of technological configuration, at a fixed location or fixed locations that enable communication or surface wave communication between user equipment and a communications network and that meet both of the following qualifications:
1.
Each wireless provider's antenna could fit within an enclosure of no more than six cubic feet in volume; and
2.
All other wireless equipment associated with the facility is cumulatively no more than 28 cubic feet in volume, measured based upon the exterior dimensions of height by width by depth of any enclosure that may be used. The following types of associated ancillary equipment are not included in the calculation of the volume of all other wireless equipment associated with any such facility:
a.
Electric meters;
b.
Concealment elements;
c.
Telecommunications demarcation boxes;
d.
Grounding equipment;
e.
Power transfer switches;
f.
Cut-off switches; and
g.
Vertical cable runs for connection of power and other services.
Such term shall not include a pole, decorative pole, or support structure on, under, or within which the equipment is located or collocated or to which the equipment is attached and shall not include any wireline backhaul facilities or coaxial, fiber optic, or other cabling that is between small wireless facilities, poles, decorative poles, or support structures or that is not otherwise immediately adjacent to or directly associated with a particular antenna.
State. The State of Georgia.
Support structure. A building, water tank, or any other structure to which a small wireless facility is or may be attached. Such term shall not include a decorative pole, electrical transmission structure, or pole.
Wireless infrastructure provider. Any person, including a person authorized to provide telecommunications services in this state, that builds, installs, or operates small wireless facilities, poles, decorative poles, or support structures on which small wireless facilities are or are intended to be used for collocation but that is not a wireless services provider.
Wireless provider. A wireless infrastructure provider or a wireless services provider.
Wireless services. Any services provided to the public using licensed or unlicensed spectrum, including the use of Wi-Fi, whether at a fixed location or mobile.
Wireless services provider. A person that provides wireless services.
Wireline backhaul facility. An above ground or underground wireline facility used to transport communications data from a telecommunications demarcation box associated with a small wireless facility or facilities to a network.
D.
Permit
A permit is required to collocate a small wireless facility in the public right-of-way or to install, modify, or replace a pole or a decorative pole in the public right-of-way. A permit is not required to perform the activities described in O.C.G.A. § 36-66C-6(e) or (f).
E.
Application
Any person seeking to collocate a small wireless facility in the public right-of-way or to install, modify, or replace a pole or decorative pole in the public right-of-way shall submit an application to the Department of Planning and Zoning for a permit on forms made available by the County. Any material change to information contained in an application shall be submitted in writing to the Department of Planning and Zoning within 30 days after the events necessitating the change.
F.
Pre-application Meeting
Any person who intends to submit an application to the county pursuant to this section shall meet with the Department of Planning and Zoning at least 30 days prior to the submitting an application for a permit. The purpose of such meeting shall be to inform the county, in good faith, when the applicant expects to commence deployment of small wireless facilities and poles within the county, the number of small wireless facilities and poles it expects to deploy during the 24 months after commencement, and the expected timing of such deployment. All documents or other information provided by the applicant in the course of or in association with such pre-application meeting shall be presumed confidential and proprietary and a trade secret as such term is defined in O.C.G.A. § 10-1-761 and exempt from disclosure as specified in Article 4 of Chapter 18 of Title 50, known as the Georgia Open Records Act.
G.
Requirements for Application
All small wireless facility permit applications required by this section shall be filed via the county's electronic permitting system. Each application shall be submitted by the applicable wireless provider or its duly authorized representative and shall contain the following:
1.
The applicant's name, address, telephone number, and e-mail address, including emergency contact information for the applicant;
2.
The names, addresses, telephone numbers, and e-mail addresses of all consultants, if any, action on behalf of the applicant with respect to filing the application;
3.
A general description of the proposed work and the purposes and intent of the proposed facility. The scope and detail of such description shall be appropriate to the nature and character of the physical work to be performed, with special emphasis on those matters likely to be affected or impacted by the physical work proposed;
4.
Detailed construction drawings regarding the proposed use of the right-of-way;
5.
To the extent the proposed facility involves collocation on a pole or support structure, a structural report performed by a duly licensed engineer evidencing that the pole or support structure will structurally support the collocation (or that the pole or support structure can and will be modified to meet structural requirements) in accordance with applicable codes;
6.
For any new above-ground facilities, visual depictions or representations if not included in the construction drawings;
7.
Information indicating the horizontal and approximate vertical location, relative to the boundaries of the right-of-way, of the small wireless facility for which the application is being submitted;
8.
If the application is for the installation of a pole, a certification that complies with O.C.G.A. § 36-66C-6(k).
9.
If the small wireless facility will be collocated on a pole or support structure owned by a third party, a certification that the wireless provider has permission from the owner to collocate on the pole or support structure;
10.
If the applicant is not a wireless services provider, a certification that a wireless services provider has requested in writing that the applicant collocate the small wireless facilities or install, modify, or replace the pole or decorative pole at the requested location; and
11.
The applicant may designate portions of its application materials that it reasonably believes contains trade secrets or other proprietary or confidential information by submitting with it an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10. The applicant shall be solely responsible for clearly identifying and labeling as "proprietary" or "confidential" each page of such materials, but shall undertake all reasonable efforts to minimize the scope and frequency of such designations. If the applicant submits such an affidavit, the county and the applicant shall follow the requirements of O.C.G.A. § 50-18-72(a)(34).
H.
Application Fees
Each application for a permit shall include the maximum application fees permitted under O.C.G.A. § 36-66C-5(a)(1), (a)(2), and (a)(3). Such maximum application fees shall automatically increase on January 1 of each year beginning on January 1, 2024, as provided under O.C.G.A. § 36-66C-5(b).
I.
Application Review Period
The county Department of Planning and Zoning shall review applications for permits according to the following timelines and using the procedures identified in O.C.G.A. §§ 36-66C-7 and 36-66C-13 as well as any applicable federal regulations. Any conflict between the contents of this UDC and Federal law and regulations under Section 704 of the Telecommunications Act of 1996 and subsequent amendments, and any other Federal statutes or regulations regarding telecommunication regulations, the Federal statute shall prevail over this UDC.
1.
The county has 90 days from receipt of a completed application for a small wireless facility to make a final decision of approval or disapproval. If the application is incomplete, the Director must notify the applicant within 10 days of application submission. At that time, the 90-day window clock stops and is reset to zero. Within 90 days of the date of a completed application is filed the county must:
a.
Complete the review;
b.
Make a final decision of approval or disapproval; and
c.
Advise the applicant in writing of the final decision.
2.
Within 60 days of the date of a complete application is filed with the county for attaching equipment to a structure which is part of an existing small cell system, the county must:
a.
Complete the review;
b.
Make a final decision of approval or disapproval; and
c.
Advise the applicant in writing of the final decision.
J.
Approval of Application
Applications for permits shall be approved unless the requested collocation of a small wireless facility or the requested installation, modification, or replacement of a pole or decorative pole:
1.
Interferes with the operation of traffic control equipment;
2.
Interferes with sight lines or clear zones for transportation of pedestrians;
3.
Fails to comply with the Americans with Disabilities Act, 42 U.S.C. Section 12101, et seq., or similar laws of general applicability regarding pedestrian access or movement, transportation or pedestrians;
4.
Requests that ground-mounted small wireless facility equipment be located more than 7.5 feet in radial circumference from the base of the pole, decorative pole, or support structure to which the small wireless facility antenna would be attached, provided that the County shall not deny the application if a greater distance from the base of the pole, decorative pole, or support structure is necessary to avoid interfering with sight lines or clear zones for transportation or pedestrians or to otherwise protect public safety;
5.
Fails to comply with applicable codes;
6.
Fails to comply with the maximum limitations set forth in O.C.G.A. § 36-66C-7(h) or (i);
7.
With respect to an application to install a pole or decorative pole, interferes with the widening, repair, reconstruction, or relocation of a public road or highway by the county or the department of transportation that has been advertised for bid and scheduled for completion within six months after the application is filed;
8.
With respect to an application to install a pole or decorative pole, interferes with a public works construction project governed by Chapter 91 of Title 36 which is advertised for bid and scheduled for completion within six months after the application is filed;
9.
Fails to comply with O.C.G.A. § 36-66C-10, O.C.G.A. § 36-66C-11, or O.C.G.A. § 36-66C-12 or any applicable federal regulations;
10.
Fails to comply with laws of general applicability addressing pedestrian and vehicular traffic and safety requirements; or
11.
Fails to comply with laws of general applicability that address the occupancy or management of the right-of-way and that are not consistent with this Sec. 7.4.4.
K.
Special Rules for Development in Residentially Zoned Areas
For application for new poles in the public right-of-way in areas zoned for residential use, the Department of Planning and Zoning may propose an alternate location in the public right-of-way within 100 feet of the location set forth in the application, and the wireless provider shall use the proposed alternate location unless the location imposes technical limits or significant additional costs. The wireless provider shall certify that it has made such a determination in good faith, based on the assessment of a licensed engineer, and it shall provide a written summary of the basis for such determination to the Department of Planning and Zoning.
L.
Nature of Permission Authorized by Permit
A permit issued under this section shall authorize such person to occupy the public rights-of-way to:
1.
Collocate a small wireless facility on or adjacent to a pole or a support structure that does not exceed the limitations set forth in O.C.G.A. § 36-66C-7(h)(3) or on or adjacent to a decorative pole in compliance with O.C.G.A. § 36-66C-12; and
2.
Install, modify, or replace a pole or decorative pole for collocation of a small wireless facility that does not exceed the limitation set forth in O.C.G.A. § 36-66C-7(h)(1) and (h)(2).
M.
Annual Payments
Upon the issuance of a permit under this division, and on each anniversary of such issuance, every person issued a permit shall submit to the county the maximum annual payments permitted under O.C.G.A. § 36-66C-5(a)(4) and (a)(5); provided, however, that if such person removes its small wireless facilities from the public rights-of-way pursuant to O.C.G.A. § 36-66C-5(e), then such person shall be responsible for the pro rata portion of the annual payment based on the number of days of occupation since the last annual payment. Upon making such pro rata payment and removal of the small wireless facilities, the person's annual payment obligations under this section shall cease as of the date of the actual removal. The maximum annual payments shall automatically increase on January 1 of each year beginning on January 1, 2023, as provided under O.C.G.A. § 36-66C-5(b).
N.
Permit Fees
Any person issued a permit shall pay the fees identified in O.C.G.A. § 36-66C-5(a)(6) and (a)(7), as applicable.
O.
Revocation of Permit
The County may revoke a permit issued pursuant to this section if the wireless provider or its equipment placed in the public right-of-way under that permit subsequently is not in compliance with any provision of this section or the Georgia Streamlining Wireless Facilities and Antennas Act. Upon revocation, the County may proceed according to Sec. 7.4.4.P.
P.
Restoration of Right-of-way Upon Revocation
If a wireless provider occupies the public rights-of-way without obtaining a permit required by this section or without complying with the SWFAA, then the County may, at the sole discretion of the County, restore the right-of-way to the extent practicable in the reasonable judgment of the County, to its condition prior to the unpermitted collocation or installation and to charge the responsible wireless provider the reasonable, documented cost of the county in doing so, plus a penalty not to exceed $1,000.00. The County may suspend the ability of the wireless provider to receive any new permits from the county under this section until the wireless provider has paid the amount assessed for such restoration costs and the penalty assessed, if any; provided, however, that the County may not suspend such ability of any applicant that has deposited the amount in controversy in escrow pending an adjudication of the merits of the dispute by a court of competent jurisdiction.
Q.
Public Inspections of Applications
All accepted applications for permits shall be publicly available subject to the limitations identified herein and in O.C.G.A. § 36-66C-6(c).
R.
Consolidated Application for Multiple Installations
An applicant may file a consolidated application related to multiple small wireless facilities, poles, or decorative poles so long as such consolidated application meets the requirements of O.C.G.A. § 36-66C-13.
S.
Completion of Installation
Activities authorized under a permit shall be completed within the timelines provided in O.C.G.A. § 36-66C-7(k)(2).
T.
Authorized Activities
Issuance of a permit authorizes the applicant to:
1.
Undertake the collocation, installation, modification, or replacement approved by the permit, and
2.
Operate and maintain the small wireless facilities and any associated pole covered by the permit for a period of 10 years.
U.
Permit Renewal
Permits shall be renewed following the expiration of the term identified in Sec. 7.4.4.T. upon the terms and conditions identified in O.C.G.A. § 36-66C-7(k)(2)(B).
V.
Collocation on County Poles
If an application for a permit seeks to collocate small wireless facilities on authority poles in the public rights-of-way, then the County shall, within 60 days of receipt of the completed application:
1.
Provide a good faith estimate for any make-ready work necessary to enable the authority pole to support the proposed facility; or
2.
Notify the wireless provider that the wireless provider will be required to perform the make-ready work. Any make-ready work performed by the County shall be completed pursuant to and in accordance with the provisions of O.C.G.A. § 36-66C-7(n).
W.
Removal, Relocation, Reconditions, Replacement, and Abandonment
1.
Removal by owner/operator. A person may remove its small wireless facilities from the public rights-of-way according to the procedures of O.C.G.A. § 36-66C-5(e).
2.
Required restoration upon removal and county's recovery of costs. In the event of a removal under Sec. 7.4.4.W.1. the right-of-way shall be, to the extent practicable in the reasonable judgment of the County, restored to its condition prior to the removal. If a person fails to return the right-of-way to its condition prior to the removal as determined by the County's reasonable judgment within 90 days of the removal, the County may, at its sole discretion, restore the right-of-way to such condition and charge the person at issue the County's reasonable and documented cost of removal and restoration, plus a penalty not to exceed $500.00. The County may also suspend the person's ability to receive any new permits until the person has paid the amount assessed for such restoration costs and the penalty assessed, if any; provided, however, that the County will not suspend the ability of any person to receive any new permits who has deposited the amount in controversy in escrow pending an adjudication of the merits of the dispute by a court of competent jurisdiction.
3.
Relocation to accommodate certain county projects. If, in the reasonable exercise of police powers, the County determines that a pole or support structure unreasonably interferes with the widening, repair, reconstruction, or relocation of a public road or highway; or that relocation of poles, support structures, or small wireless facilities is required as a result of a public project, the wireless provider shall relocate such poles, support structures, or small wireless facilities pursuant to and in accordance with the provisions of O.C.G.A. § 36-66C-7(I). If the wireless provider fails to relocate a pole, support structure, or small wireless facility or fails to provide a written good faith estimate of the time needed to relocate the pole, support structure, or small wireless facility within the time period prescribed in O.C.G.A. § 36-66C-7(I), then the County may take any action authorized by O.C.G.A. § 36-66C-7(o), in addition to any other powers under applicable law.
4.
Reconditioning and replacing county poles. The County shall recondition and replace authority poles consistent with the provisions of O.C.G.A. § 36-66C-7(m). Wireless providers shall accommodate and cooperate with reconditioning and replacement consistent with the provisions of O.C.G.A. § 36-66C-7(m).
5.
Required notification upon abandonment. A wireless provider must notify the County of its decision to abandon any small wireless facility, support structure, or pole pursuant to and in accordance with the provisions of O.C.G.A. § 36-66C-7(p)(1). The wireless provider shall perform all acts and duties identified in O.C.G.A. § 36-66C-7(p) regarding abandonment. The County may take all actions and exercise all powers authorized under O.C.G.A. § 36-66C-7(p) upon abandonment, in addition to any other powers authorized by applicable law.
X.
Standards
1.
Standards applying to installations. Small wireless facilities and new, modified, or replacement poles to be used for collocation of small wireless facilities are authorized in the public right-of-way:
a.
Upon a receipt of a permit;
b.
Subject to applicable codes; and
c.
So long as such small wireless facilities and new, modified, or replacement poles to be used for collocation of small wireless facilities comply with the appropriate provisions of O.C.G.A. § 36-66C-7(h).
2.
Concealment. Unless it is determined that another design is less intrusive, or placement is required under applicable law, small wireless facilities shall be concealed as follows:
a.
Antennas located at the top of poles and support structures shall be incorporated into the pole or support structure, or placed within shrouds of a size such that the antenna appears to be part of the pole or support structure;
b.
Antennas placed elsewhere on a pole or support structure shall be integrated into the pole or support structure, or be designed and placed to minimize visual impacts;
c.
Radio units or equipment cabinets holding radio units and mounted on a pole shall be placed as high as possible, located to avoid interfering with, or creating any hazard to, any other use of the public rights-of-way, and located on one side of the pole. Unless the radio units or equipment cabinets can be concealed by appropriate traffic signage, radio units or equipment cabinets mounted below the communications space on poles shall be designed so that the largest dimension is vertical, and the width is such that the radio units or equipment cabinets are minimally visible from the opposite side of the pole on which they are placed.
d.
Wiring and cabling shall be neat and concealed within or flush to the pole or support structure, ensuring concealment of these components to the greatest extent and degree possible.
3.
Historic place or district. Notwithstanding any provision of this section to the contrary, an applicant may collocate a small wireless facility within a historic district, and may place or replace a pole within a historic district, only upon satisfactory issuance of a permit pursuant to this section and compliance with applicable codes.
4.
Collocation on Decorative Poles. Notwithstanding any provision of this section to the contrary, an applicant may collocate a small wireless facility on a decorative pole, or may replace a decorative pole with a new decorative pole, in the event the existing decorative pole will not structurally support the attachment, only upon satisfactory issuance of a permit pursuant to this section and compliance with applicable codes.
5.
Existing Right-of-way Agreements for Deployment of Small Wireless Facilities. Any existing right-of-way agreement for small wireless facility deployment by and between the County and any wireless provider that is effective and not terminated prior to the effective date of this section shall remain in effect until its expiration or earlier termination and provided therein, to the extent permissible by law.
Y.
State and Federal Laws Incorporated
1.
The provisions of the Georgia Streamlining Wireless Facilities and Antennas Act (SWFAA) are incorporated by reference as if set out fully herein. In the event of a conflict between the SWFAA and this section, the SWFAA controls.
2.
The provisions of Sec. 6409(a) of the Middle-Class Tax Relief and Job Creation Act of 2012 (Pub. L. 112-96), which addresses telecommunications and has been interpreted by the FCC to apply to small cells and distributed antennae systems, are incorporated by reference as if set out fully herein.
7.4.5. Telecommunications Antennas and Towers
A.
Purpose
The purpose of this Sec. 7.4.5 is to establish guidelines for the siting of all wireless, cellular, television, and radio telecommunications towers and antennas.
B.
Goals
The goals of this section include the following:
1.
Provide for the appropriate location and development of telecommunication facilities in Hall County;
2.
To encourage the location of towers in nonresidential areas;
3.
To minimize the total number of towers within the community;
4.
To strongly encourage the joint use of new and existing tower sites among service providers;
5.
To encourage the location of telecommunications towers and antennas in areas where adverse impacts on the community are minimized; and
6.
To encourage design and construction of towers and antennas to minimize adverse visual impacts; and
7.
To enhance the ability of the telecommunications service providers to deliver such services to the community effectively and efficiently.
C.
Definitions
1.
The following terms have the meanings as assigned in this Sec. 7.4.5.
2.
Words not defined herein shall be construed to have the meaning given by common and ordinary usage and shall be interpreted within the context of the sentence, section, and article in which they occur.
3.
For the purpose of this section, certain words or terms used herein shall be defined as follows.
a.
The term "erected" includes the terms "constructed," "located," and/or "relocated."
b.
The term "map" or "zoning map" means the official zoning map of the county.
c.
The term "parcel" includes the terms "plot" and/or "lot."
d.
The terms "used" or "occupied" include the words "intended, arranged, or designed to be used or occupied."
Alternative tower structure. Clock towers, bell towers, church steeples, light/power poles, electric transmission towers, manmade trees (without accessory buildings/structures), and similar natural or manmade alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
Antenna. Any exterior apparatus designed for wireless telecommunication, radio, or television communications through the sending and/or receiving of electromagnetic waves.
Collocation. The placement of the antennas of two or more service providers upon a single tower or alternative tower structure.
Department. The county Department of Planning and Zoning.
FAA. The Federal Aviation Administration.
FCC. The Federal Communications Commission.
Geographic antenna placement area. The general vicinity within which the placement of an antenna is necessary to meet the engineering requirements of an applicant's cellular network or other broadcasting need.
Governing authority. The Hall County Board of Commissioners.
Height. The distance measured from ground level of a tower or other structure to the highest point on the same tower structure or lightning rod or appurtenance attached to the tower, when the term is used to refer to a tower or other structure.
Pre-existing tower and/or antenna(s). Structures as set forth in Sec. 7.4.5.C.
Public officer. The Director of the county Department of Planning and Zoning when used in reference to the procedures and legal remedies found in O.C.G.A. §§ 41-2-7 to 41-2-17.
Scenic views. Those geographic areas containing visually significant or unique natural features, as indicated on the county's comprehensive plan or other official county documentation.
Tower. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term "tower" includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telecommunication towers, manmade trees (with accessory buildings/structures), and other similar structures.
Visual quality. The appropriate design, arrangement, and location of tower structures in relation to the built or natural environment to avoid abrupt or severe differences.
D.
Application of Regulations
1.
District height limitations. Except as set forth in subsection 3 of this section, the requirements of this Sec. 7.4.5 shall govern the location of telecommunications towers that exceed, and antennas that are installed at a height in excess of 50 feet.
2.
Governmental exemption. The provisions of this section shall not apply to governmental facilities and structures, including those of Hall County, Georgia.
3.
Amateur radio; receive-only antennas. This section shall not govern any tower, or the installation of any antenna, which is 75 feet or less in height and is owned and operated by a federally-licensed amateur radio station operator from the operator's residence, or which is 75 feet or less in height and is used exclusively as a receive-only antenna.
4.
Pre-existing towers and antennas. Any tower or antenna for which a permit has been properly issued prior to the effective date of the ordinance from which this section is derived shall not be required to meet the provisions of this section, other than the requirements of Secs. 7.4.5.H.9. and 7.4.5.H.10. Any such towers or antennas shall be referred to in this section as "pre-existing towers" or "pre-existing antennas."
5.
Additional antennas. If an additional antenna is collocated upon a pre-existing tower after adoption of this section, the fencing and landscaping requirements of this section shall be met.
E.
Removal of Abandoned Towers and Antennas
1.
Any tower or antenna that is not operated for a continuous period exceeding six months shall be considered abandoned, whether or not the owner or operator intends to make use of it or any part of it. The owner of any such antenna or tower shall remove the structure within 60 days of receipt of notice from the County that the tower or antenna is considered by the county to be abandoned.
2.
If, after receipt of notice of abandonment from the County, the owner of a tower or antenna does not remove the abandoned tower or antenna within 60 days, the governing authority may, in the manner provided by O.C.G.A. §§ 41-2-7 to 41-2-17, remove such antenna or tower at the owner's expense. If there are two or more users of a single abandoned tower or antenna, then notice shall not be sent by the County until all users cease to utilize the tower or antenna. Delay by the County does not in any way waive the County's right to take action.
3.
Prior to the issuance of a permit for the construction of a tower or antenna, the owner of the such facility shall procure a bond or a letter of credit from a surety doing business in the State of Georgia with an office located in Hall County, Georgia, in an amount not less than $25,000.00 conditioned upon the removal of the tower and/or antenna, should it be deemed abandoned under the provisions set forth in this section. Such bond or letter of credit must be renewed at least every two years during the life of the tower or antenna, and the failure to renew a bond or letter of credit shall be grounds for revocation of the tower or antenna permit.
F.
Legal Status Provisions
Whenever the regulations of this section require a greater width, depth, or size of yard or impose other more restrictive standards than are required in or under any other statute or covenants, the requirements of this section shall govern. Whenever the provisions of any other statute or covenants require more restrictive standards than those of this section, the provisions of such statutes or covenants shall govern.
G.
Annual Registration of Telecommunications Towers
1.
On or before May 1 of each calendar year, the owner of any telecommunications tower shall register such tower with the Director of the Department of Planning and Zoning in a manner prescribed by the County. The initial annual registration shall identify such telecommunications tower by tax parcel number, physical street address, and/or GIS coordinates, and shall describe all structures and equipment on site associated with such telecommunications tower. Annually thereafter, each subsequent registration shall identify any transfer of ownership or such tower, and/or any modifications to such tower which occurred during the preceding calendar year.
2.
For all telecommunications towers which were constructed more than 10 years prior to the submittal of the annual registration, at least once every three years the owner of such tower shall submit certification to the Director that such tower was inspected and that a registered professional engineer has determined that no signs of defect, disrepair, or other hazardous condition exist.
3.
Any telecommunications tower owner which owns more than 20 towers that are subject to subsection 2 of this section shall be deemed to be in compliance with its requirements so long as all of such tower owner's towers which are more than ten years old are inspected within three years of the first deadline for registration under this section.
4.
The annual registration fee for each telecommunications tower shall be $100.00 for the first registration year and $50.00 per tower per year thereafter.
H.
General Provisions
1.
Principal or accessory use. A tower and/or antenna is considered a principal use if located on any lot or parcel of land as the sole or primary structure, and is considered an accessory use if located on a lot or parcel shared with a different existing primary use or existing structure. An existing use or structure on the same lot or parcel shall not preclude the installation of an antenna or tower. For purposes of determining whether the installation of a tower or antenna complies with zoning district requirements, including, but not limited to, setback, buffer, and other requirements, the dimensions of the entire lot or parcel shall control, even though the antenna or tower may be located on a leased area within such lot or parcel. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure.
2.
Inventory of existing sites.
a.
The Department of Planning and Zoning shall maintain an inventory of all towers or alternative tower structures, active and inactive, which are present in the county. This inventory shall include specific information about the location (latitude and longitude coordinates), height, design, tower type, and general suitability for antenna collocation of each tower, and other pertinent information as may be decided by the County.
b.
To facilitate the collocation of antennas, each applicant seeking to locate a new tower, alternative tower structure, or antenna, or modify any such existing structure, shall provide to the County an affidavit setting forth an inventory of its existing towers or alternative tower structures as provided for below. The applicant shall specifically identify its towers or alternative structures, active or inactive, which are present in the county. Applicants seeking to erect an amateur radio tower or antenna shall be exempt from this provision.
c.
The applicant's affidavit shall include all of its structures that are within the jurisdiction of the governing authority; within a municipality located in whole or in part within the county; or within one mile of the border of the county, and shall include specific information about the location (latitude and longitude coordinates), height, design, tower type, and general suitability for antenna collocation of each such tower, and other pertinent information as may be required by the County. Such information may be shared with other applicants for a tall structure permit under this section or other organizations seeking to locate towers or antennas within the jurisdiction of the governing authority, provided however that the County shall not, by sharing such information, in any way be deemed to have represented or warranted that such sites are available or suitable.
d.
An application for a tall structure permit shall not be considered complete without this affidavit of inventory.
3.
Collocation design requirements. In addition to all applicable building and safety codes, all towers, except amateur radio towers, shall be designed to accommodate the collocation of cellular telecommunication antennas according to the following criteria:
a.
For towers up to 125 feet in height, the structure and fenced compound shall be designed to accommodate at least two providers; and
b.
For towers greater than 125 feet in height, the structure and fenced compound shall be designed to accommodate at least four providers.
4.
Collocation; availability of suitable existing structures.
a.
No new tower, except amateur radio towers, shall be permitted unless the applicant demonstrates to the satisfaction of the Department of Planning and Zoning and Board of Commissioners that no existing tower or existing alternative tower structure can accommodate the applicant's proposed antenna. All evidence submitted shall be signed and sealed by appropriate licensed professionals or qualified industry experts and shall consist of more than mere conclusory statements that no existing tower is suitable. Evidence submitted to demonstrate that no existing tower or structure can accommodate the proposed antenna shall consist of one or more of the following:
i.
That no existing towers or suitable alternative tower structures are located within the geographic antenna placement area required to meet the applicant's engineering requirements.
ii.
That existing towers or structures do not have sufficient structural strength to support the applicant's antenna and related equipment.
iii.
That the applicant's proposed antenna(s) would cause electromagnetic interference with the antenna(s) on the existing towers or structures, or the antenna(s) on the existing towers or structures would cause interference with the applicant's proposed antenna(s).
iv.
That the cost or contractual provisions required by the tower owner to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
v.
That the applicant adequately demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
b.
For each of the above, the applicant must submit an affidavit listing the existing towers which were considered, and ultimately rejected, by the applicant and provide a detailed explanation of why the existing towers are not useable.
5.
Aesthetic Standards. The following guidelines shall apply to the design and construction of all towers and the installation of all antennas governed by this section.
a.
Towers and/or antennas shall either maintain a galvanized steel or concrete finish, or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.
b.
At all tower sites, the design of all buildings and related structures shall use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and building environment.
c.
For antennas installed on a structure other than a tower, the antenna and supporting electrical and mechanical ground equipment shall be a neutral color so as to make the antenna and related equipment visually unobtrusive.
d.
Towers shall not be illuminated, unless required by the FAA, FCC, or other state or federal agency or competent jurisdiction. If lighting is required, the governing authority may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. If a tower requires lighting by virtue of its height, the county may require the construction of the tower at a lower height in order to avoid lighting requirements.
e.
No signage or other identifying markings of a commercial nature shall be permitted upon any tower or alternative tower structure within the county.
6.
Setbacks and separation. The following setbacks and separation requirements shall apply to all towers:
a.
Towers shall be set back a distance equal to one-half of the height of the tower, from its base, to any public way or property line of the lot or parcel containing the tower.
b.
All towers in residentially zoned areas greater than 50 feet in height shall be set back a distance equal to the full height of the tower from any adjoining off-site residential structure.
c.
Guy-wires and accessory buildings and facilities shall meet the minimum accessory use location and setback requirements.
d.
In zoning districts other than S-S, H-B, I-1, and I-2, or county-owned property, towers over 100 feet in height shall not be located closer than 1,500 feet from any existing tower that is over 100 feet in height. This requirement shall not apply to amateur radio towers.
7.
Security fencing.
a.
All towers and supporting equipment shall be enclosed by fencing not less than 6 feet in height and shall also be equipped with appropriate anti-climbing devices. Fencing shall be constructed of chain link, wood, or other approved alternative.
b.
Amateur radio towers and antennas, or receive-only antennas, shall not be subject to the provisions of this section unless compliance is required by the Board of Commissioners through the tall structure permit process.
8.
Landscaping. All sites must use landscaping to screen the view of the tower compound from adjacent rights-of-way, public property and residential property.
a.
Where existing vegetation is not sufficient, tower facilities shall be landscaped in a manner which effectively screens the view of the tower, accessory buildings and equipment, and the tower compound generally. Landscaped strips of plant material shall be a minimum of 10 feet in width and located outside the fenced perimeter of the tower compound. Landscaped strips of plat material shall satisfy the minimum design and planting requirements for landscaped buffers established in Sec. 8.2 and any other applicable ordinances relating to buffers.
b.
Native vegetation and natural landforms shall be preserved to the maximum extent possible. Where existing vegetation around the perimeter of the site would provide an adequate visual screen, an undisturbed buffer may be utilized.
c.
The Board of Commissioners may waive or modify the landscaping requirement where lesser requirements are desirable for adequate visibility for security purposes or for continued operation of existing bona fide agricultural or forest uses such as farms, nurseries, or tree farms.
d.
Amateur radio towers and antennas, or receive-only antennas, shall not be subject to the provisions of this section unless compliance is required by the Board of Commissioners through the tall structure permit process.
9.
Review of tower and antenna erection. If, upon receipt of an application for the erection of any tower or alternative tower structure governed by this section, the Department of Planning and Zoning deems that the proposed structure may interfere with the use of the airway of the County by the public or interfere with the operation of existing or proposed airport facilities, a copy of the application shall be submitted by the Department for review to the appropriate governmental or aviation authority.
10.
Federal requirements. All towers must meet or exceed current standards and regulation of the FAA, FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with any such revised standards and regulations within six months of the effective date of such standards and regulations unless a more or less stringent compliance schedule is mandated by the controlling federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations in the time frame established by the County or controlling federal agency shall constitute grounds for the removal of the tower or antenna at the owner's expense. Any such removal by the governing authority shall be in the manner provided by O.C.G.A. §§ 41-2-7 through 41-2-17.
11.
Building codes and safety standards. To ensure the structural integrity of towers, the tower's or alternative tower structure's owner, permittee, or subsequent lessee shall ensure that it is maintained in compliance with standards contained in applicable local building and technical codes so as to ensure the structural integrity of such facilities. If, upon inspection, the Department of Planning and Zoning concludes that a tower fails to comply with all applicable codes and standards, or constitutes a danger to persons or property, then upon receipt of written notice to the owner, permittee, or lessee of the tower, said party shall have 15 days to bring the tower into compliance with such standards. If the owner, permittee, or lessee fails to bring the tower into compliance within the 15-day period, the governing authority may remove the tower at the expense of the owner, permittee, or lessee. Prior to the removal of any tower, the Department of Planning and Zoning may consider detailed plans submitted by the owner, permittee, or subsequent lessee for repair of substandard towers, and may grant a reasonable extension of the above-referenced compliance period. Any such removal by the governing authority shall be in the manner provided in O.C.G.A. §§ 41-2-7 through 41-2-17.
12.
Change of ownership notification. Upon transfer of ownership of any tower, alternative tower structure, or lot upon which such a structure has been erected, the tower permittee shall notify the Department of the transaction in writing within 30 days of the effective date of the transaction.
I.
Permitted Uses
The uses listed in this section are deemed to be permitted uses and shall not require administrative review or approval of a tall structure permit. However, all such uses shall comply with requirements set forth in Sec. 7.4.5.I. and all other applicable codes and ordinances.
1.
Collocation of antennas required. Applicants for the erection of a tower or placement of an antenna shall be required to collocate upon an existing tower or alternative tower structure. An exception to collocation shall only be made if the applicant adequately demonstrates that an existing tower suitable for collocation does not exist in the geographic antenna placement area utilizing the tower inventory maintained by the Department of Planning and Zoning, and that no suitable alternative tower structure is available as set forth in this section.
2.
Uses.
a.
If it is adequately demonstrated that antenna collocation, as required by Sec. 7.4.5.I.1., is not possible for a given geographic antenna placement area, the following uses are permitted uses.
i.
Constructing a new tower, including the placement of a service building or other supporting equipment used in connection with said tower or antenna, in the S-S, H-B, I-1 or I-2 zoning districts; provided, however, that all structures shall meet the setback, screening, and buffer requirements contained herein, and shall be located a minimum distance of two times the height of the tower from any residentially-zoned property.
ii.
Installation of an antenna on an existing structure other than a tower (such as a building, sign, light pole, water tower, or other freestanding nonresidential structure) that is 50 feet in height or greater, provided that the additional antenna height adds no more than 20 feet to the height of the existing structure, subject to the zoning district restrictions of subsection (i) of this section in the S-S, H-B, I-1, I-2, POD, PCD, or PID zoning districts.
b.
If it is adequately demonstrated that antenna collocation, as required by Sec. 7.4.5.I.1., is not possible for a given geographic antenna placement area, the following special uses are permitted subject to approval by the county's Board of Commissioners per the provisions of this UDC.
i.
Constructing a new tower, including the placement of a service building or other supporting equipment used in connection with said tower or antenna, in the AG-1 and AR-1 zoning districts; provided, however, that all structures shall meet the setback, screening, and buffer requirements contained herein, and shall be located a minimum distance of two times the height of the tower from any residentially-zoned property.
J.
Public Notice
1.
At least ten days prior to the issuance of a building permit for the construction of a tower as a permitted use, the Department of Planning and Zoning shall cause a sign to be posted on the property and the publication of public notice in a newspaper of general circulation within the territorial boundaries of the county. Said public notice shall state the nature of the application, street location of the proposal and height of the proposed structure.
2.
If during the public notice period an objection to the building permit application is raised, the validity of the application and all pertinent documentation shall be determined by the county's Planning Commission. The objection shall be placed on the first available agenda of a regularly scheduled meeting following the expiration of the ten day appeal period. The Planning Commission shall dispense with the objection by either determining that the application is valid and meets all applicable criteria of this section, which shall result in the issuance of a building permit, or determining that the application is in error. Applications found to be in error must, as a result, be processed through the tall structure permit process set forth in this Sec. 7.4.5.J.
K.
Appeal of Administrative Determination
If a building permit application for a tower as a permitted use is determined by the Department of Planning and Zoning to not meet all applicable criteria of this section, the building permit applicant may appeal the determination to the county's Planning Commission. The Planning Commission shall dispense with the objection by either:
1.
Determining that the application is valid and meets all applicable criteria of this section, which shall result in the issuance of a building permit; or
2.
Determining that the application does not satisfy all applicable criteria of this section. Applications that do not satisfy all applicable criteria must, as a result, be processed through the tall structure permit process set forth in Sec. 7.4.5.M.
L.
Administrative Approvals
1.
The County may administratively approve the placement of additional antennas upon towers or alternative tower structures as follows:
a.
For a minor change in an existing tower or base station under FCC regulations for which all the following are true:
i.
The height of a tower is not increased by more than 10 percent.
ii.
The addition will not extend more than 20 feet from the tower.
iii.
The modifications will not add more than on equipment shelter or four equipment cabinets.
iv.
The modification does not involve excavation outside the tower site or existing utility and access easements.
2.
Each applicant requesting an administrative approval under this section shall submit a scaled site plan, scaled elevation view and supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including topography (utilizing minimum two-foot contour intervals), tower height requirements, setbacks, access driveways or easements, parking, fencing, landscaping, adjacent uses. The Department may request any other information it considers necessary to assess compliance with this section and compatibility with surrounding uses.
3.
Amateur radio antennas shall meet the requirements of the county's construction code. Certain documentation requirements of this section may be waived by the Director for amateur radio antenna applications.
4.
The Department of Planning and Zoning shall respond to each application within 30 days of its receipt by either approving or denying it. One 30-day extension of this review period may be exercised by the Department if such additional time is deemed necessary to adequately assess the request. If the Department fails to respond to the applicant within a maximum of 60 days, the application shall be deemed to be approved.
5.
As part of any administrative approval, the Department of Planning and Zoning may reduce setback requirements by up to 10 percent to compensate for irregularly shaped lots or parcels.
6.
If a request for administrative approval is denied, the applicant may appeal the decision to the county's Planning Commission. In such an instance, the Planning Commission may authorize such variances from the terms of the telecommunications tower and antenna ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the ordinance will, in an individual case, result in unnecessary hardship, so that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done. Such variances may be granted in such individual cases of unnecessary hardship upon a finding by the Planning Commission that the denial of the variance presents a significant detriment to the telecommunications service provider making application, and that the denial of the variance is insubstantially related to the public welfare.
M.
Tall Structure Permit Required
1.
If the proposed location, height, setback, or other aspect of a tower or antenna cannot comply with the minimum requirements established in Secs. 7.4.5.H. and 7.4.5.L. then a tall structure permit shall be required for the construction of a tower or the placement of an antenna in any zoning district.
2.
The following provisions shall also govern the issuance of tall structure permits for telecommunications and personal wireless service towers and antennas:
a.
In granting a tall structure permit, the Board of Commissioners may impose conditions to the extent that the board concludes such conditions are necessary to minimize adverse effects from the proposed tower on adjoining or nearby properties, including limiting the height of proposed towers located in or near residential areas. In no event shall a new tower exceeding 100 feet in height be placed on residentially-zoned property, nor shall a new tower exceeding 195 feet in height be placed on property with any zoning classification.
b.
All information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer or qualified industry expert.
c.
Amateur radio antennas shall meet the requirements of all applicable county codes.
3.
Application, contents, fee. All applications for tall structure permits shall be submitted to the Department of Planning and Zoning. Each application shall contain detailed plans and specifications as set forth in Sec. 7.4.5.M.4. An application for a tall structure permit shall not be accepted for processing without the information required in this section. An application fee shall be charged by the Department for each such application consistent with applicable law in an amount calculated to reimburse the County for the cost of processing and administering the tall structure application.
4.
Exhibits required. Each applicant requesting a tall structure permit under this section shall submit a scaled site plan, scaled elevation view, and supporting drawings, calculations, and other documentation signed and sealed by appropriate licensed professionals or qualified industry experts, showing the location and dimensions of all improvements, including topography (utilizing minimum two-foot contour intervals), tower height requirements, setbacks, access driveways or easements, parking, fencing, landscaping, adjacent uses, affidavit of inventory as set forth in Sec. 7.4.5.H, and any other information deemed by the Department of Planning and Zoning to be necessary to assess compliance with this section and compatibility with surrounding uses.
5.
Review of application by radio-frequency engineer.
a.
Within five business days of accepting a tall structure permit application, the Department of Planning and Zoning shall refer that tall structure permit application to a radio-frequency engineer for review and recommendation. Within 30 business days after receiving the tall structure permit application for review, the radio-frequency engineer shall submit a detailed report and findings regarding the application to the Department of Planning and Zoning including, but not limited to, the need for the tower in the proposed location, whether or not the height of the tower should be lower than the height requested by the applicant, and possible alternatives for the location of the tower. These findings shall be submitted to the county's Board of Commissioners and the applicant for review within ten business days of receipt by the Department of Planning and Development, along with any staff report or recommendations prepared by the Department of Planning and Development for the Board of Commissioners' consideration.
b.
The applicant shall have ten business days after receiving the findings of the radio-frequency engineer and staff report to withdraw the tall structure permit application without prejudice. If the application is not withdrawn by the applicant within such time period, it shall be placed on the next available agenda for a public hearing by the Board of Commissioners, consistent with the notice requirements of Sec. 7.4.5.J.
6.
Collocation of antennas required. Applicants for the erection of a tower or antenna, except amateur radio operators, shall be required to collocate upon an existing tower structure. An exception to collocation shall only be made if the applicant adequately demonstrates that an existing tower suitable for collocation does not exist in the geographic antenna placement area utilizing the tower inventory maintained by the department, and that no suitable alternative tower structure is available as set forth in Sec. 7.4.5.G.4. An applicant must provide a detailed affidavit listing all towers within one mile of the proposed tower and explain why it cannot collocate on each of the existing towers.
7.
Public hearing. Before taking action upon the proposed tall structure permit, the Board of Commissioners shall hold a public hearing on the matter. At least 30 days prior to the date of the public hearing, the following notice requirements shall be met by the applicant:
a.
A sign shall be erected, in a conspicuous location, on or adjacent to each road frontage of the property under consideration. The sign shall state the time, place, location, and purpose of the public hearing.
b.
A letter shall be sent by regular mail to all property owners of record of abutting parcels, and all residentially-zoned parcels lying in whole or in part within 1,000 feet of the subject property, giving notice of the public hearing. Owners of record shall be as indicated by the county tax commissioner's records. The letter shall state the same information as required for the sign, referenced in subsection (a) of this section.
8.
Considerations in approval or denial of a tall structures permit. Any denial of a request to place, construct, or modify a telecommunications facility shall be in writing and supported by substantial evidence contained in a resolution signed by the chairman of the county's Board of Commissioners. The governing authority shall consider, but is not limited to, the following factors in acting upon a tall structure permit application under the provisions of this section:
a.
The height and setbacks of the proposed tower;
b.
The proximity of the tower to residential structures and residential district boundaries;
c.
The nature of uses, as well as the height of existing structures, on adjacent and nearby properties;
d.
The surrounding topography;
e.
The surrounding tree coverage and foliage;
f.
The design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
g.
The proposed ingress and egress to the tower area;
h.
The availability of suitable existing towers or other structures for antenna collocation;
i.
The impact of the proposed tower upon scenic views and the visual quality of the surrounding area;
j.
The evidence submitted regarding the need for the tower in the area, including, but not limited to, propagation maps and other similar materials;
k.
The portion of the tower that will be visible from adjacent and nearby residential properties;
l.
The number of required trips to the tower site on a monthly basis;
m.
The tower's effect on property values of adjacent and nearby residential properties;
n.
The ratio of the height of the proposed tower to the height of the tallest adjacent and nearby residential structure;
o.
Safety concerns associated with the proposed tower or antenna;
p.
The tower's effect upon potential purchasers of adjacent and nearby residentially-zoned property; and
q.
The coverage or lack of coverage experienced by cell phone users in the area of the proposed tower.
N.
Coordination with Federal Law
Whenever the Board of Commissioners finds that the application of this section would unreasonably discriminate among providers of functionally equivalent services or prohibit or have the effect of prohibiting the provision of personal wireless services, the Board of Commissioners may waive any or all of the provisions of this article as part of a special use approval.
Regulations from the FAA, other federal entities, and the Georgia Streamlining of Wireless Facilities & Antenna Act (SWFAA) in place at the time of the application shall supersede any contrary local regulations.
Sec. 7.5. - Commercial Uses
7.5.1. Adult Establishment
A.
Defined
Any adult establishment, adult business, adult video store, bathhouse, or escort bureau as defined by section 5.20.020 of the Hall County Business License Code.
B.
Use Standards
1.
Where an adult establishment is allowed it must meet all specifications and requirements of Sec. 5.20 of the Hall County Business License Code and all other applicable County regulations.
7.5.2. Day Care
A.
Defined
A facility providing care, protection, and supervision of children or adults on a regular basis away from their primary residence. Care is provided to a given individual for less than 24 hours a day. Day care includes the following:
1.
Adult care center.
2.
Day care center.
3.
Family day care facility.
4.
Group day care facility.
5.
Nursery, kindergarten.
B.
Adult Care Center
1.
Defined
Any facility licensed or registered with the State of Georgia and licensed by the county to provide, for fewer than 24-hours per day, basic adult day care or adult day health services to one or more adults who require basic services. Includes any establishment that regularly provides adult custodial services.
C.
Day Care Center
1.
Defined
Any facility licensed or registered with the State of Georgia and licensed by the county to provide, for fewer than 24-hours per day and without transfer of legal custody, care for 19 or more children under 18 years of age.
2.
Use Standards
a.
A minimum of 100 square feet of outdoor play area must be provided for each child.
b.
Play areas must be enclosed by a fence at least 42 inches in height.
c.
No play area may be located within 25 feet of any adjacent property.
D.
Family Day Care Facility
1.
Defined
A private residence licensed or registered with the State of Georgia operated by the person residing there who receives pay for supervision and care, for fewer than 24 hours per day and without transfer of legal custody, for three but not more than six children under 18 years of age who are not related to such person and whose parents or guardians are not residents in the same private residence.
E.
Group Day Care Facility
1.
Defined
Any facility licensed or registered with the State of Georgia operated by any person, partnership, association or corporation which receives pay for supervision and care for not less than seven or more than 18 children under 18 years of age, for less than 24 hours and without transfer of legal custody.
F.
Nursery, Kindergarten
1.
Defined
Any facility licensed or registered with the State of Georgia to provide early childhood education for children ages three through six.
2.
Use Standards
a.
A minimum of 100 square feet of outdoor play area must be provided for each child.
b.
Play areas must be enclosed by a fence at least 42 inches in height.
7.5.3. Event Facility
A.
Defined
A facility available for lease by private parties or special events, such as weddings.
7.5.4. Indoor Recreation
A.
Defined
A commercial or nonprofit facility providing daily or regularly scheduled recreation-oriented activities in an indoor setting. Indoor recreation includes the following:
1.
Commercial amusement, indoor.
2.
Concert Hall, auditorium.
3.
Health spa, gym.
4.
Indoor shooting range.
5.
School of the arts.
6.
Theaters.
B.
Commercial Amusement, Indoor
1.
Defined
A place where recreational activity such as arcades, billiards, game rooms, bowling alleys, skating rinks, sporting activities and other recreational amusements are conducted within a building.
C.
Concert Hall, Auditorium
1.
Defined
A place of assembly that customarily charges an entrance fee to the public for concerts, plays or other similar live entertainment within a building or portion of a building.
D.
Health Spa, Gym
1.
Defined
An establishment that for-profit or gain provides as one of its primary purposes services or facilities which are purported to assist patrons to improve their physical condition or appearance. Not included within this definition are facilities operated by nonprofit organizations, facilities wholly owned and operated by a licensed physician at which such physician is engaged in the practice of medicine, or any establishment operated by a health care facility, hospital, intermediate care facility, or skilled nursing care facility.
E.
Indoor shooting range
1.
Defined
A building, room, or enclosure where the firing of firearms is permitted to practice marksmanship.
2.
Use Standards
a.
All shooting ranges must meet the licensing requirements of the state and Hall County.
b.
No indoor shooting range may be located within 500 feet of any residential district or use.
c.
Buildings containing ranges must have walls, ceilings and floors that are either impenetrable to the bullets of the firearms being used within or have internal baffling constructed so that bullets cannot hit walls or ceilings.
F.
School of the Arts
1.
Defined
An educational facility not operated by the Hall County Board of Education that offers or provides instruction to more than two students at a time in dance, singing, music, painting, sculpting, fine arts or martial arts.
G.
Theater
1.
Defined
A building or area designed primarily for showing performing arts or motion pictures.
7.5.5. Lodging
A.
Defined
A facility where members of the public can obtain lodging on a temporary or short-term basis. Lodging includes the following:
1.
Hotel/motel.
2.
Bed and breakfast.
B.
Hotel/Motel
1.
Defined
Any structure consisting of one or more buildings containing dwelling units with provisions for transient occupancy or temporary lodging of 30 days or less and which is offered for pay to persons. Includes such terms as auto court and motor lodge, but not group living or bed and breakfast as defined in this article.
C.
Bed and breakfast
1.
Defined
A principal or accessory dwelling in which five or fewer rooms are provided for transient occupancy for a daily fee not to exceed 30 consecutive days. Breakfast and refreshments are the only food typically served and are reserved only for guests.
2.
Use Standards
a.
The bed and breakfast must be occupied and operated by the property owner.
b.
The area to be used as guest accommodations, including sleeping areas and bathroom facilities, may not exceed 60 percent of the total floor area.
c.
Bed and breakfast facilities of more than five rooms may be permitted upon approval of a conditional use permit.
7.5.6. Medical
A.
Defined
A facility providing medical or surgical care to patients. Some facilities may offer overnight care. Medical includes the following:
1.
Hospital.
2.
Medical office, dental office or chiropractor, osteopath, physician, medical practitioner.
3.
Medical clinic, urgent care, emergency medical office.
B.
Hospital
1.
Defined
A facility providing inpatient health care for people, including:
a.
General medical and surgical services.
b.
Outpatient facilities.
c.
Psychiatric care and specialty medical facilities.
7.5.7. Office
A.
Defined
A facility used for activities conducted in an office setting and generally focusing on business, professional or financial services. Office includes the following:
1.
Business services including, but not limited to, advertising, business management consulting, computer or data processing, graphic design, commercial art, or employment agency.
2.
Counseling in an office setting.
3.
Financial institutions including banks and savings and loan facilities.
4.
Financial services including, but not limited to, lender, investment or brokerage house, call center, insurance adjuster, real estate or insurance agent, mortgage agent or collection agency.
5.
Professional services including, but not limited to, lawyer, accountant, auditor, bookkeeper, engineer, architect, sales office, travel agency, interior decorator or security system services.
6.
Radio, film, recording, and television studios and stations.
7.
Trade, vocational, business school.
B.
Financial Institutions
1.
Defined
State and national banking associations, federal savings and loan associations or state building and loan associations which are regulated by the Georgia Banking and Finance Department and Federal law. Title pawn businesses are not included within this definition.
C.
Radio, Film, Recording, and Television Studios and Stations
1.
Defined
A facility in which video, radio or sound production takes place, either for live broadcasting or for the acquisition of raw footage for postproduction.
D.
Trade, Vocational, Business School
1.
Defined
An educational use not operated by the Hall County Board of Education and having a curriculum devoted primarily to business (including barbers and beauticians), industry, nursing, driving, trade or other vocational-technical instruction.
7.5.8. Personal Service
A.
Defined
A facility involved in providing personal or repair services to the public. Personal service includes, but is not limited to, the following:
1.
Animal care (indoor).
2.
Animal care (outdoor).
3.
Beauty, hair, or nail salon.
4.
Catering service.
5.
Funeral home.
6.
Private morgue, mortuary, or crematorium.
7.
Laundry and dry cleaning.
8.
Massage therapy.
9.
Personal repair.
10.
Photocopying, printing and reproduction service.
11.
Psychic, fortune teller.
12.
Tailor, milliner or upholsterer.
13.
Tattoo parlor or body piercing.
14.
Taxidermist.
B.
Animal Care (Indoor)
1.
Defined
A facility designed or arranged for the care of animals without any outdoor activity. No outdoor activity associated with the care of animals is allowed, except for outdoor pet elimination areas no more than 2,000 square feet in area. Includes animal grooming, animal hospital, veterinary clinic, pet clinic, animal boarding, animal shelter, kennel (5 or more dogs or cats), and doggy day care. May include as an accessory use the sale of products such as pet foods, leashes, collars, or animal care products.
C.
Animal Care (Outdoor)
1.
Defined
A facility designed or arranged for the care of animals that includes outdoor activity. Includes animal grooming, animal hospital, veterinary clinic, pet clinic, animal boarding, animal shelter, kennel (5 or more dogs or cats), and doggy day care. May include as an accessory use the sale of products such as pet foods, leashes, collars, or animal care products.
2.
Use Standards
a.
The minimum lot size is 5 acres in the AR-1, AG-1 and AG-2 districts.
b.
No structure or area for the keeping of animals may be located within 100 feet of a property line.
c.
An opaque fence or wall at least 6 feet in height must be erected adjacent to any area used for the keeping of animals.
d.
A vegetative buffer is required in accordance with Sec. 8.2.
D.
Beauty, Hair, or Nail Salon
1.
Defined
A commercial facility where cosmetology services are offered or provided for a fee.
E.
Catering Service
1.
Defined
A commercial facility providing prepared foods and/or service for off-site consumption. This does not include the delivery of packaged foods for individual sale.
F.
Funeral Home
1.
Defined
A facility used for undertaking services, such as preparing the dead for burial and the arranging and managing of funerals. Such facilities may include chapels, storage areas for caskets, urns, and other funeral supplies, and storage for funeral vehicles.
G.
Private Morgue, Mortuary, or Crematorium
1.
Defined
A facility used for the temporary storage of human corpses awaiting identification, burial, cremation or autopsy.
H.
Laundry and Dry Cleaning
1.
Defined
A facility where customers wash their clothes using self-operated machines or leave clothes for on or off-site cleaning. Laundry and dry cleaning includes dry cleaning pick-up and delivery stations, clothes drop-off facility, laundromat, and washeteria.
I.
Massage Therapy
1.
Defined
Any building, structure, or place, other than a regularly licensed and established hospital, whose principal business is to practice nonmedical or nonsurgical manipulative exercises or devices upon the human body manually or otherwise by any person other than a licensed physician, surgeon, dentist, occupational or physical therapist, chiropractor or osteopath with or without the use of therapeutic, electrical, mechanical or bathing devices.
J.
Personal Repair
1.
Defined
A business whose primary use is repair services to the public. Personal repair specifically includes, but not limited to, repair of appliances, bicycles, canvas product, clocks, computers, jewelry, musical instruments, office equipment, radios, shoes, televisions, watches, or similar items. Personal repair specifically excludes small engine repair, vehicle repair, and any other principal or accessory use that is otherwise identified in this article.
K.
Photocopying, Printing and Reproduction Services
1.
Defined
A commercial establishment where copying, reproduction and other business services are performed.
L.
Psychic, Fortune Teller
1.
Defined
All persons, firms or corporations engaging in the business, trade or profession of fortune-telling, astrology, phrenology, palmistry, clairvoyance, or related practices for a charge or by donation.
M.
Tailer, Milliner, or Upholsterer
1.
Defined
A facility where professional services are provided for the alteration or repair of clothing, headwear, furniture, or similar household items.
N.
Tattoo Parlor or Body Piercing
1.
Defined
A business providing one or more of the following:
a.
Placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration or modification of the skin by means of the use of needles or other instruments designed to contact or puncture the skin.
b.
Creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.
c.
This definition does not include procedures performed by a licensed physician at a medical facility as defined in Sec. 7.5.6.
2.
Use Standards
a.
No use may be licensed or operated within 300 linear feet of the front entrance (measured in a straight line) of any residential use, day care facility, place of worship, public or private school, park or playground, or any establishment where alcohol is consumed on-premises.
b.
Hours of operation are only allowed from 8:00 a.m. through 9:00 p.m.
c.
All spaces that are used to tattoo, pierce or otherwise modify a body must be separate and not within the line of sight of the public.
d.
Any establishment must remain in compliance with all applicable regulations of the Georgia Department of Public Health.
O.
Taxidermist
1.
Defined
A business engaged in the preparing, stuffing, and mounting of animal skins to make them appear lifelike.
7.5.9. Outdoor Recreation
A.
Defined
A facility or use, varying in size, which provides daily or regularly scheduled entertainment, recreation or amusement activities for profit, including, but not limited to an outdoor shooting range, amusement park, private zoo, sports stadium or arena, outdoor sports field or court, swimming pool, travel trailer park, campground or recreational vehicle park, or outdoor theater.
B.
Outdoor Shooting Range
1.
Defined
An area of land set aside for the discharge of firearms to practice marksmanship.
C.
Travel Trailer Park, Campground, Recreational Vehicle Park
1.
Defined
A parcel of land which has been planned and developed to accommodate two or more travel trailers, tents or other camping units, or recreational vehicles for temporary occupancy. Accessory uses or facilities may be provided on site including management offices, community facilities for sanitation or recreation, and commercial uses for essential goods or services for exclusive use for park patrons.
2.
Use Standards
a.
The minimum lot size is 5 acres.
b.
All designated spaces must be located on an interior driveway. All interior driveways must have unobstructed access to a public street or highway and must be graded, stabilized and covered with a dust-free material.
c.
Parks designed to accommodate 15 or more designated spaces must provide at least one recreation area with a minimum area of 3,000 square feet. When recreation areas include swimming facilities they must be enclosed by a fence at least 4 feet high. Fences must include a self-latching or self-closing gate.
d.
All park grounds must be maintained with grass, trees or shrubs to enhance the appearance of the park and to prevent soil erosion or the creation of dust during dry weather.
e.
No permanent structure may be erected on any designated space within the park.
f.
Parks must have a public, community or private water and sewer system approved by the County health department and the local water department when appropriate. Water and sewer approval must be obtained prior to submission of the site plan to the Planning Commission.
7.5.10. Eating and Drinking Establishment
A.
Defined
A facility that prepares and sells food and drink for on- or off-premises consumption. Eating and drinking establishment includes the following:
1.
Brewpub.
2.
Coffee, tea, or juice shop.
3.
Drive-in restaurant.
4.
Restaurant.
5.
Yogurt or ice cream shop.
B.
Brewpub
1.
Defined
An eating or drinking establishment in which beer or malt beverages are manufactured or brewed, subject to the barrel production limitation prescribed in O.C.G.A. § 3-5-36, for on-site retail consumption in draft form.
2.
Use Standards
All brewpubs must meet the requirements of Title 5, Chapter 5.30 of the Hall County Official Code.
C.
Drive-In Restaurant
1.
Defined
Any restaurant designed for customers to park and place and receive food orders while remaining in their vehicles.
7.5.11. Retail Sales
A.
Defined
A facility involved in the sale, lease, or rental of new or used products for personal or household consumption, including processing or manufacturing incidental or subordinate to selling and occupying less than 40 percent of the floor area. Retail sales includes the following:
1.
General retail.
2.
Bakery.
3.
Pawn shop, pawn broker, title pawn, title loan, check cashing.
4.
Smoke or vape shop.
B.
General Retail
1.
Defined
A facility involved in the sale, lease, or rental of new or used appliances, antiques, art supplies, bait and tackle, batteries, beer, liquor, wine, bikes, books, building supplies, cameras, carpet and floor coverings, crafts, clothing, computers, convenience goods, dry goods, dispensaries, electronics, fabric, food and beverages, furniture, garden supplies, groceries, hardware, home improvement, household products, jewelry, medical supplies, magazines, meat, music, musical instruments, newspaper, novelties, office supplies, package shipping, pets, pet supplies, pharmaceuticals, phones, photo finishing, picture frames, plants, pottery, printed materials, produce, seafood, shoes, sporting goods, stationery, tobacco and related products, toys, media, vehicle parts and accessories, video games and related products, except as otherwise defined in this article.
C.
Bakery
1.
Defined
A business whose primary use is the retail sale of breads, cakes, cookies, pastries, and other baked goods that have been produced on-site or off-site to the public.
D.
Pawn Shop, Pawn Broker, Title Pawn, Title Loan, Check Cashing
1.
Defined
A business involved in any part of the pledge, pawn, or exchange of any goods, wares, merchandise, or any kind of personal property or title as security for the repayment of money lent.
E.
Smoke or Vape Shop
1.
Defined
Any business whose principal use involves the sale or on-site use of tobacco products, alternative nicotine products, vape juice, or any combination of these. For the purposes of this definition, "alternative nicotine products" refer to any products or devices that employ an electronic heating element, power source, electronic circuit, battery, or other electronic, chemical, or mechanical means to produce a vapor that delivers nicotine to the person inhaling from the device, including electronic cigarettes, electronic cigars, electronic hookahs, electronic bongs and electronic pipes, whether manufactured, distributed, marketed, or sold as an electronic cigarette, electronic cigar, or electronic pipe. For the purposes of this definition, "vape juice" refers to any liquid that contains compounds containing pharmaceutical grade vegetable glycerin, propylene glycol, nicotine, food-grade flavoring, and water, and can be used for vaping by means of an alternative nicotine product. For purposes of this definition, "principal use" means that the combined total sales of tobacco products, alternative nicotine products, and vape juice constitute at least 25% of the business's aggregate sales. "Principal use" also means that any amount of on-site use of sold tobacco products, alternative nicotine products, vape juice, or any combination of these occurs on the premises. A business will be deemed a smoke or vape shop when either or both of these "principal use" meanings are met.
7.5.12. Vehicular
A.
Defined
A facility primarily providing the sale, leasing, servicing, repair, parts, or storage of passenger vehicles, light and medium trucks, and other consumer motor vehicles such as motorcycles, boats, and recreational vehicles. Vehicular includes the following:
1.
Boat and recreational vehicle sales, rental, or service.
2.
Car wash.
3.
Fuel sales.
4.
Service Station.
5.
Truck Stop.
6.
Vehicle sales, rental, or auction.
7.
Vehicle repair, minor.
8.
Vehicle repair, major.
B.
Boat and Recreational Vehicle Sales, Rental, or Service
1.
A facility that sells, repairs or rents boats, travel trailers or recreational vehicles for a fee. Includes the outdoor storage and display of merchandise.
C.
Car Wash
1.
Defined
A facility with mechanical or hand-operated equipment used for the cleaning, washing, polishing, or waxing of motor vehicles, including, but not limited to, self-service, full-service, and hand-detailing service.
2.
Use Standards
a.
When located within 200 feet of any residential district or use, a car wash is subject to the following:
i.
Operation of the establishment is limited to the hours between 6 AM to 10 PM on all days of the week.
ii.
Vacuums and compression machines must be located on the site so as not to cause excessive noise onto adjacent properties.
iii.
No equipment or structure may be located within 20 feet of the adjacent residential district or use.
iv.
In addition to the screening and buffer requirements of Sec. 8.2, a solid fence or wall at least 8 feet in height must be provided along the adjoining property line.
b.
Adequate stacking spaces must be provided to avoid encroachment by any vehicles into the public right-of-way.
c.
Canopies may not exceed a height of 18 feet to the bottom of the underside of the canopy and 23 feet to the top of the roof of the canopy.
d.
All car wash facilities must meet the architectural standards of Sec. 6.2.6.
D.
Fuel Sales
1.
Defined
A facility for the dispensing and distribution of vehicle fuels with or without a retail convenience store. Fuel sales may be a primary or accessory use.
2.
Use Standards
a.
Canopies may not exceed a height of 18 feet to the bottom of the underside of the canopy and 23 feet to the top of the roof of the canopy.
b.
Fuel pumps must be located at least 50 feet from any residential district.
E.
Service Station
1.
Defined
A facility where gasoline, oil, grease, batteries, tires and other automobile accessories may be dispensed at retail. Tire recapping facilities are not permitted as a service station.
2.
Use Standards
a.
No part of the premises may be used for the storage of dismantled or wrecked vehicles.
F.
Truck Stop
1.
Defined
A facility for heavy trucks which may provide fuel, minor service or repair facilities, vehicular washing areas, restaurants, convenience retail goods, and restroom or showering facilities on site.
G.
Vehicle Sales, Rental, or Auction
1.
Defined
A facility that sells, leases, or auctions new or used passenger vehicles, light or medium trucks, or motorcycles.
H.
Vehicle Repair, Minor
1.
Defined
A facility where minor vehicle repair and service is conducted. Includes audio and alarm installation, custom accessories, quick lubrication facilities, minor scratch and dent repair, emissions testing, bed-liner installation, and glass repair or replacement.
2.
Use Standards
a.
For all vehicular repair garages except those provided for under Sec. 7.8.9.E. any operative or nonoperative vehicle which is visible from beyond the premises must have a current vehicle registration and a paid ad valorem tax receipt, except that a maximum of three vehicles which are either nonoperative or not registered, exempt from registration because they are used for racing or competition events or qualify as antique or classic vehicles undergoing restoration, may be stored within view from beyond the premises without having a current vehicle registration.
I.
Vehicle Repair, Major
1.
Defined
A facility used for the service or major commercial repair of motor vehicles, including transmission, brake, muffler and tire shops, along with body and paint shops.
2.
Use Standards
a.
All service and repair work must be performed within fully enclosed buildings.
b.
All vehicles, dismantled parts, or supplies must be stored within fully enclosed buildings.
c.
For all vehicular repair garages except those provided for under Sec. 7.8.9.E., any operative or nonoperative vehicle which is visible from beyond the premises must have a current vehicle registration and a paid ad valorem tax receipt, except that a maximum of three vehicles which are either nonoperative or not registered, exempt from registration because they are used for racing or competition events or qualify as antique or classic vehicles undergoing restoration, may be stored within view from beyond the premises without having a current vehicle registration.
Sec. 7.6. - Industrial Uses
7.6.1. Craft Manufacturing
A.
Defined
A facility whose primary use is the shared or individual use of hand-operated tools for the manufacturing of products or parts, including their design, processing, fabrication, assembly, treatment and packaging. Craft manufacturing may also include the incidental storage, sale, and distribution of said products or parts. Craft manufacturing specifically includes, but is not limited to, the manufacturing of electronic goods, food and bakery products, nonalcoholic beverages, printmaking, household appliances, leather products, jewelry and clothing, metalwork, furniture, glass or ceramics, and paper.
B.
Use Standards
1.
No individual facility may exceed 20,000 square feet of floor area.
2.
The operation may not result in noise, electrical interference, vibration, smoke, gas, fume, odor, dust, fire hazard, dangerous radiation, or other injurious or obnoxious conditions detectable to the normal human senses off the premises.
7.6.2. Data Center
A.
Defined
A facility dedicated to the housing of telecommunications exchanges, or computer or data processing, management, storage, equipment or systems. Data centers may also include accessory utility infrastructure such as air handler, power generator, water cooling and storage facilities, and similar infrastructure necessary to the operations at a data center.
7.6.3. Heavy Industrial
A.
Defined
A facility that involves dangerous, noxious or offensive uses, or a facility that has smoke, odor, noise, glare, fumes, gas, vibration, threat of fire or explosion, emission of particulate matter, interference with radio, television reception, radiation or any other likely cause. Heavy industrial includes the following:
1.
Airport, which means any area of land or water designed and set aside for the landing and taking off of aircraft and utilized or to be utilized in the public interest for such purposes. An airport shall include all runways, terminal buildings, hangers, and related facilities located on the airport premises.
2.
Airfield, private, which means a privately-owned airfield. Airfield means any area of land or water utilized for the landing or taking off of aircraft.
3.
Animal processing, packing, treating and storage, livestock or poultry slaughtering, processing of food and related products, production of lumber, explosives, fireworks, tobacco, chemical, rubber, leather, clay, bone, paper, pulp, plastic, stone, or glass materials or products, production or fabrication of metals or metal products including enameling and galvanizing.
4.
Asphalt emulsion.
5.
Bulk fuel sales.
6.
Bulk storage or manufacturing of flammable liquids, chemicals, cosmetics, drugs, soap, paints, fertilizers and abrasive products.
7.
Concrete, cement, asphalt, brick, lime, gypsum or tile manufacturing.
8.
Laboratory, except those as defined in Sec. 7.6.5.
9.
Mineral extraction such as quarrying stone or mining.
10.
Petroleum, liquefied petroleum gas and coal products and refining.
11.
Prefabricated building manufacturing.
12.
Private energy facility used for the generation of power to be sold to a public utility provider, including solar, wind, geothermal or hydraulic facilities.
B.
Asphalt Emulsion
1.
Defined
A facility where asphalt, water, and an emulsifying agent are combined to create a semi-solid asphalt used for maintenance and repair of concrete, cement, or asphalt roads or walkways.
7.6.4. Light Industrial
A.
Defined
A facility conducting light industrial operations which do not result in adverse effects beyond the boundary of the property. Light industrial includes the following:
1.
A facility that involves conducting food and beverage production; land-intensive outdoor sales and services; or repair or servicing of industrial, business, or consumer machinery, equipment, or products mainly by providing centralized services for separate retail outlets.
2.
Brewery, winery, distillery.
3.
Laundry, dry-cleaning, and carpet cleaning plants.
4.
Light manufacturing.
5.
Micro-brewery.
6.
Micro-distillery.
B.
Brewery, Winery, Distillery
1.
Defined
An industrial facility where malt beverages, distilled spirits, or wine are produced on the premises and then sold or distributed for off-premises consumption in compliance with State law and Department of Revenue licensing requirements. The sale, by a retail licensee, of beverages manufactured at the facility is permitted from the premises. Restaurants and event facilities are also permitted within the facility as accessory uses. Does not include farm winery as defined in Sec. 7.7.4.
C.
Light Manufacturing
1.
Defined
A facility conducting light manufacturing operations within a fully enclosed building. Light manufacturing includes the following:
a.
Clothing, textile or apparel manufacturing.
b.
Facilities engaged in the assembly or manufacturing of scientific measuring instruments; semiconductor and related devices, including, but not limited to clocks, integrated circuits, jewelry, medical, musical instruments, photographic or optical instruments or timing instruments.
c.
Pharmaceutical or medical supply manufacturing.
d.
Printing, bookbinding, or publishing plants.
e.
Sheet metal, welding, machine shop, tool repair.
f.
Stone, clay, glass, or concrete products.
g.
Woodworking, cabinet makers, or furniture manufacturing facility which does not meet the definition of craft manufacturing in Sec. 7.6.1.
D.
Micro-brewery
1.
Defined
A small-scale malt beverage manufacturing facility in which malt beverages manufactured on-premises or at another of the brewer's licensed premises under common ownership as defined in O.C.G.A. § 3-5-24.1 may be sold for consumption on-premises or by the package for off-premises consumption. Malt beverages manufactured or brewed on-premises shall be limited to 10,000 barrels per calendar year, of which no more than 6,000 barrels may be sold at retail for on-premises consumption or by the package for off-premises consumption.
E.
Micro-distillery
1.
Defined
A small-scale distilled spirit manufacturing facility in which distilled spirits manufactured on-premises or at another of the distiller's licensed premises as defined in O.C.G.A. § 3-4-24.2 may be sold for consumption on-premises or by the package for off-premises consumption. Distilled spirits manufactured or distilled on-premises shall be limited to 3,000 barrels per calendar year, of which no more than 750 barrels may be sold at retail for on-premises consumption or by the package for off-premises consumption.
7.6.5. Research and Development
A.
Defined
A facility focused primarily on the research and development of new products. Research and development includes the following:
1.
Laboratories, offices and other facilities used for research and development by or for any individual, organization or concern, whether public or private.
2.
Prototype production facilities that manufacture a limited amount of a product in order to fully investigate the merits of such a product.
3.
Pilot plants used to test manufacturing processes planned for use in production elsewhere.
7.6.6. Storage Lot
A.
Defined
A facility used entirely for:
1.
Contractors equipment storage.
2.
Heavy equipment storage.
3.
Fleet storage.
4.
New and operable used vehicle, boat, or other similar operable vehicle storage where no retail sale of vehicles is conducted.
5.
Storage of stone, pipe, steel, and other similar material or equipment.
6.
Storage of soil, mulch or lumber, including the splitting of logs.
7.
Towing/impounding of vehicles.
8.
Truck terminal.
9.
Truck yard.
B.
Contractors Equipment Storage
1.
Defined
A facility engaged in the provision of offsite contractor activities, including, but not limited to, plumbing, electrical work, building, roofing, carpentry, exterminating and landscaping and other such activities, including the storage of material and the overnight parking of commercial vehicles.
2.
Use Standards
a.
When storage of equipment or vehicles occurs outside and adjacent to any nonindustrial district, the buffer standards for Industrial uses in Table 8.2.1 apply.
C.
Heavy Equipment Storage
1.
Defined
A facility engaged in the storage of heavy equipment used for farming, grading or paving, usually uncovered or outside.
2.
Use Standards
a.
The buffer standards for Industrial Uses with Outdoor Storage in Sec. 8.2 apply to all such facilities.
b.
In addition to the standards of Sec. 8.2, an opaque fence or wall at least 8 feet in height must be provided to screen storage areas from adjacent properties.
D.
Truck Terminal
1.
Defined
A facility for the receipt, transfer, short-term storage, and loading or unloading of goods transported by heavy trucks. Does not include the overnight storage of such vehicles.
E.
Truck Yard
1.
Defined
A facility for the temporary parking or storage of heavy trucks which are in active use.
2.
Use Standards
a.
The minimum lot size is 2 acres.
b.
Parking or storage may be overnight.
c.
No loading or unloading may occur on the premises.
d.
No truck yard may be located within 500 feet of a residential district.
e.
No storage of inoperable vehicles is allowed.
7.6.7. Self-Service Storage
A.
Defined
A facility providing separate storage areas for personal or business use designed to allow private access by the tenant for storing or removing personal property.
B.
Use Standards
1.
No outside storage is allowed.
2.
New self-service storage facilities must be located at least 1,500 feet from any other self-service storage facility.
7.6.8. Warehouse and Distribution
A.
Defined
A facility involved in the storage or movement of goods for themselves or other firms. Goods are generally delivered to other firms or the final consumer with little on-site sales activity to customers. Warehouse and distribution includes the following:
1.
Building materials storage yard.
2.
Bulk storage, including nonflammable liquids, cold storage plants, frozen food lockers, household moving and general freight storage.
3.
Distribution of products and merchandise.
4.
Parcel services.
5.
Transfer and storage business where there are no individual storage areas or where employees are the primary movers of the goods to be stored or transferred.
7.6.9. Waste Related Services
A.
Defined
A facility used for the sale, exchange, storage, salvage, baling or cleaning of waste material. Waste-related service includes the following:
1.
Composting or storage of organic material.
2.
Hazardous household materials collection center.
3.
Hazardous waste facility.
4.
Junk or salvage yard.
5.
Landfill.
6.
Recycling processing center.
7.
Scrap metal processor.
8.
Solid or liquid waste transfer station.
9.
Slow rate land treatment system.
10.
Waste-related energy recovery or production.
B.
Composting or Storage of Organic Material
1.
Defined
A facility or lot used for the controlled biological decomposition of organic matter in a stable humus-like material or for the storage of such organic material.
2.
Use Standards
a.
Commercial or agricultural composting operations must be at least 200 feet from any side or rear property lines.
b.
Structures for the storage of organic material or waste must be at least 200 feet from any side or rear property line.
c.
In the AG-1 and AR-1 districts the setback for composting or storage of organic material may be no less than 100 feet when the adjacent property is zoned AG-1 or AR-1.
C.
Junk or Salvage Yard
1.
Defined
The use of any facility whether indoors or outdoors for the storage, keeping, salvage or sale of junk, scrap metals or other scrap materials. Includes the dismantling, demolition or abandonment of one or more automobiles or other vehicles or machinery or parts thereof.
2.
Use Standards
a.
No person, firm or corporation may operate, use or expand a junk yard unless and until a valid occupancy permit has been issued. An application must be made on the proper form and a detailed site plan must be attached. Occupancy permits may be issued according to the provisions of these requirements.
b.
A landscape buffer strip of evergreen species must be planted to form a hardy screen dense enough to interrupt vision and noise.
c.
The landscape buffer must be at least 50 feet when adjacent to any residential district or use and at least 30 feet for all other uses, regardless of the zoning of the adjacent property.
d.
The landscape buffer must attain a height of at least 8 feet within five years of establishment of the buffer.
e.
The landscape buffer must be planted at least 5 feet from any street right-of-way or side and rear property line.
f.
Either larger plants or a greater number of plants than will be needed at maturity must be planted as necessary to attain full screening horizontally while the plants are growing to full height. Spacing must be the minimum required for mature plants, and two staggered rows may be used if necessary to attain the required initial screening. New plants must be nursery-grown and of such size, species, and condition as to ensure the maximum initial screening commensurate with a high rate of survival and a high growth rate.
g.
A detailed description or site plan of the landscape buffer strip that meets these requirements must be submitted for review and approval.
h.
Where a certificate of occupancy has been issued for a site prior to the adoption of landscape buffer requirements, a certificate of zoning compliance may be used to indicate approval of a completed landscape buffer strip.
i.
In addition to the landscape screening, a fence at least 6 feet in height must be erected no closer than 10 feet from any property line. The fence must completely obstruct view into the property. Wood or metal slatted chain-link fencing must be used unless specifically modified by the Planning Commission. The slatting used on chain-link fencing must be wide enough to completely fill the area between the links. Gates must be of the same material as the fence and must obstruct view into the property when closed.
j.
The parking of nonoperable motor vehicles or the storage of junk on public rights-of-way or outside the fenced enclosure is specifically prohibited and may be deemed cause for immediate revocation of the occupancy permit.
D.
Slow Rate Land Treatment System
1.
Defined
A system for wastewater treatment by spray irrigation (land application). The term refers to the advanced treatment of wastewater by irrigation onto land to support vegetative growth. For purposes of this regulation, the term may include ponds or lagoons used for the temporary storage of the treated wastewater before application to the spray fields.
2.
Use Standards
a.
The treatment system must be properly sited, designed and operated in conformance with state and local regulations.
b.
Any treated wastewater stored in ponds or lagoons must have been treated to a level that the wastewater could be sprayed without further treatment.
c.
Any ponds or lagoons must have liners to prevent seepage.
E.
Waste-related Energy Recovery or Production
1.
Defined
A private facility where nonrecyclable waste materials are converted into usable heat, electricity, or fuel through a variety of processes including, but not limited to, combustion, gasification, pyrolization, anaerobic digestion or landfill gas recovery.
2.
Use Standards
a.
The minimum lot size is 10 acres.
b.
No structure or facility used in the recovery or production process may be within 200 feet of any property line.
7.6.10. Wholesale
A.
Defined
A facility involved in the sale, lease, or rent of products, primarily to other businesses. Wholesale may include display or storage areas for products.
Sec. 7.7. - Agricultural Uses
7.7.1. Agriculture, General
A.
Defined
The use of a lot for the following activities: raising, growing, harvesting, or storing of crops; post-harvest services on crops with the intent of preparing them for market or further processing, including, but not limited to crop cleaning, drying, shelling, fumigating, curing, sorting, grading, packing, ginning, canning, pickling, and cooling; feeding, breeding, or managing livestock or poultry; producing or storing feed for the use in the production of livestock or poultry; slaughtering and processing of poultry and other animals raised on site; manufacturing dairy products; producing horticultural, viticultural, silvicultural, grass sod, dairy, livestock, poultry, egg, and apiarian products; keeping of up to four equines and equine related activities such as riding rings or dressage fields; or similar agrarian activity for gain or profit, and the related buildings, structures, and appurtenances necessary to carry out the use.
Includes the operation of facilities which allow the public to participate in agricultural related activities such as petting zoos, educational tours, guest ranches, and pay fishing. This does not include the raising of dangerous animals.
B.
Use Standards
1.
The minimum lot size is 5 acres.
2.
No commercial poultry house or structure for the keeping of livestock or equine for commercial purposes may be located within 200 feet of the side and rear property lines.
3.
In the raising of exotic animals no structure, including outside runs or pens used to house such animals, may be located within 200 feet of a property line.
7.7.2. Equestrian Center
1.
Defined
A lot on which more than four adult equines are kept for the purpose of training, instruction, practice sessions, shows, competitive equestrian events, or riding lessons are provided a fee. Includes facilities for riding trails and rings, dressage fields, and other equestrian related activities.
2.
Use Standards
a.
The minimum lot size is 5 acres.
b.
No structure for the keeping of equines, including stables, may be located within 200 feet of any property line.
c.
No other structures or facilities, including, but not limited to riding trails, show and training rings or jumps, may be located within 50 feet of any property line.
7.7.3. Agri-entertainment Events
A.
Defined
The gathering of individuals for social, celebratory or entertainment purposes at an agricultural location or venue wherein a fee is charged by the owner or representative of the property for the use of the venue. Events include weddings, receptions, private parties, public gatherings, community events or similar agri-entertainment uses as determined by the Director.
B.
Use Standards
1.
A pre-application meeting with the Department of Planning and Zoning is required prior to any application for agri-entertainment use.
2.
The minimum lot size is 5 acres.
3.
The agri-entertainment event barn or primary event structure may be constructed only on the property described in the application. The barn or primary structure must be located at least 300 feet from any property line under separate ownership.
4.
Accessory buildings or structures for the use of the property as an agri-entertainment event facility must be located at least 50 feet from any property line under separate ownership.
5.
All parking for an agri-entertainment event must be located at least 200 feet from any property line under separate ownership. Parking on grass or gravel may be permitted.
6.
The maximum number of attendees to occupy any agri-entertainment event barn or structure on the premises is determined by the Hall County Fire Marshal.
7.
The occupancy of the agri-entertainment event barn or primary event structure must not exceed the occupancy load provisions of the Uniform Building Code. e Occupancy load limits will be posted on the premises by the Hall County Building Inspection Department.
8.
The use of the premises for an agri-entertainment venue may be permitted only after the issuance of a certificate of occupancy by the Hall County Building Inspection Department.
9.
Any improvements required to support the property as an agri-entertainment venue may be made only after the issuance of a building permit by the Hall County Building Inspection Department.
10.
Outdoor activities may not involve the outside amplification of voice, music or instruments except during a wedding ceremony.
11.
Agri-entertainment events may operate between the hours of 9:00 a.m. to 10:00 p.m. on Sunday through Thursday and 9:00 a.m. to 12:00 a.m. on Friday and Saturday.
a.
Operate, as used in this Sec. 7.7.3, means the conclusion of services for guests or attendees such as food, drinks, and entertainment.
12.
All agri-entertainment events must provide adequate potable water and sanitary waste disposal systems as determined by the Hall County Environmental Health Department.
13.
All agri-entertainment events must provide adequate access and egress for emergency vehicles.
14.
All agri-entertainment events must provide adequate personnel to assist with parking, emergency and other potential impacts of each event.
15.
If the property being considered for agri-entertainment use is a "bona-fide conservation use property" as defined under O.C.G.A. §§ 48-5-7.1 through 48-5-7.4, caution should be used to ensure that the proposed agri-entertainment use of the property does not constitute a breach of the conservation covenants applicable to the property.
7.7.4. Farm Winery
A.
Defined
The same meaning as set forth by state law and Chapter 5 of the Hall County Code of Ordinances.
B.
Use Standards
1.
The minimum lot size is 5 acres.
2.
The farm winery must be located on a lot used for agricultural purposes, including the cultivation of grapes, berries or fruits utilized in the manufacture or production of wine.
3.
The farm winery must be owned and operated by persons who work in the production of a large part of the agricultural produce used in its annual production.
4.
Parking areas must be screened from roads and adjacent properties.
5.
No amplified sound is permitted unless it is within an enclosed structure.
6.
Activity areas such as tasting rooms, buildings used for production, storage, bathroom facilities, and parking areas must be at least 100 feet from any lot line. This does not include the propagation of grapes or other crops.
7.
The maximum number of attendees and hours of operation will be evaluated by the Board of Commissioners on a case-by-case basis for each site to protect the public's health, safety, and welfare.
8.
Tasting rooms must not exceed 2,500 square feet in size.
9.
The farm winery must comply with applicable requirements for a Farm Winery in Chapter 5 of the Hall County Code of Ordinances.
7.7.5. Sawmill
A.
Defined
A facility used to process timber grown and harvested on-site.
B.
Use Standards
1.
The minimum lot size is 5 acres.
2.
The sawmill must be located at least 200 feet from the nearest residence on any adjacent property.
3.
No sale of products resulting from the sawmill may occur on the property.
4.
Hours of operation are limited to Monday to Saturday, 7:00 a.m. through 7:00 p.m.
Sec. 7.8. - Accessory Uses
7.8.1. General
A.
Accessory uses are permitted in conjunction with an allowed principal use. Allowed accessory uses include those listed in this section and additional accessory uses as interpreted by the Director.
B.
Accessory uses may not be erected before construction of the principal building to which they are accessory.
C.
Accessory buildings or structures may not be utilized unless the principal structure is also occupied.
D.
Accessory buildings may not be used for any use not allowed in the zoning district.
E.
Dimensional standards for accessory buildings and structures are included with the building setback for each zoning district; by use standards within this section; subject to the yard encroachments allowed under Sec. 2.1.4.B.
7.8.2. Accessory Structure
A.
Defined
A building detached from and subordinate to a main building or use on the same lot and used for purposes customarily incidental to the use of that property. Any agricultural use shall be deemed to be an accessory building whether situated on the same lot with the principal building or not. Except as otherwise permitted in this UDC, accessory structures may not be used as a dwelling.
7.8.3. Accessory Dwelling Unit (ADU)
A.
Defined
A small, self-contained dwelling unit located on the same lot as a principal residence.
B.
Use Standards
1.
The design and size of the ADU must conform to all codes required for any new construction.
2.
The ADU must be a site-built structure. Mobile or modular structures may not be used as an ADU.
3.
Only one ADU may be created per principal dwelling unit.
4.
The ADU must be either:
a.
Detached in an accessory building; or
b.
Attached or within the principal dwelling unit but not accessible from the interior of said dwelling unit. Such ADU must have its own independent entrance.
5.
If not attached to the principal dwelling, the building containing the ADU must be located in the rear or side yard.
6.
No ADU may exceed 1,000 square feet in floor area nor be less than 300 square feet in floor area, excluding any related garage area or other ancillary storage. In addition to the above, no ADU may exceed the floor area of the principal dwelling nor have more than two bedrooms.
7.
The ADU must be constructed of materials similar in appearance to the primary residence.
7.8.4. Caretaker's Residence
A.
Defined
A residence (including a manufactured home) for a bona fide caretaker, watchman, owner, or other employee that is accessory to a permitted use.
B.
Use Standards
1.
The lot which contains the residence must be an approved, recorded lot and must front a publicly maintained road, or it must be a lot of record as defined in Sec. 12.2.
2.
The proposed residence must meet all setback requirements for the zoning district in which it is located.
3.
The proposed residence may be permitted only if the residence is necessary to the property's orderly operation or safety.
4.
Only one caretaker residence is permitted on a piece of property at a time, except that in the AG and AR zoning districts one caretaker residence may be permitted for each five acres of land.
5.
The proposed residence may only be of a type inherently permitted in the zoning district in which it is located, unless otherwise specified by the zoning regulations.
6.
The applicant for a caretaker residence must demonstrate in writing how the circumstances are unique and different from those of other similar uses in the area to warrant approval of the accessory use.
7.8.5. Drive-Thru Facility
A.
Defined
A facility at which the customer is served while sitting in a vehicle, typically associated with drive-thru restaurants, banks, and pharmacies.
7.8.6. Garage, Private
A.
Defined
An accessory building or portion of a principal building used for the private storage of motor vehicles.
7.8.7. Garden
A.
Defined
A plot of ground where herbs, fruits, flowers, or vegetables are cultivated for personal or group use, consumption, or donation. Includes a rooftop garden or green roof.
7.8.8. Guest House
A.
Defined
Accessory living quarters located within a detached structure located on the same lot as a principal residence. A guest house is distinct from an ADU in that it is not intended for long-term occupancy.
B.
Use Standards
1.
No more than one guest house may be erected on a lot.
2.
The guest house must be a site-built structure. Mobile or modular structures may not be used as a guest house.
3.
No guest house may be used as a primary residence.
4.
Any guest house must be located at least 20 feet from the primary structure.
5.
The floor area of the guest house and any attached structures, such as garages or accessory storage, may not exceed 20 percent of the total lot area and must be subordinate to the primary structure in size.
7.8.9. Home-Based Business
A.
Defined
Any business, profession, occupation, trade, or activity conducted within a dwelling or its accessory building, which is clearly incidental to the residential use, and which is conducted for profit by a person or household residing on the premises, and which does not change the essential residential character of the property. Home-based business includes the following:
1.
Home office.
2.
Home occupation.
3.
Residential business.
4.
Rural business.
B.
Home Office
1.
Defined
An office use conducted entirely within a dwelling.
2.
Use Standards
a.
The home office may not exceed more than 300 square feet in floor area.
b.
Uses are limited to routine office, clerical or bookkeeping procedures.
c.
No employees other than family members residing on the premises may be permitted.
d.
Home offices may not include any business which involves the sale, manufacture or repair of merchandise on the premises or the storage of inventory, raw materials or other materials to be used in the business.
e.
Home offices may not include any business requiring access by the public, including, but not limited to customers, clients or vendors.
f.
No outside storage or display, including signs, is permitted.
C.
Home Occupation
1.
Defined
An occupation or profession conducted entirely within a dwelling.
2.
Use Standards
a.
Home occupations may not include the repair or maintenance of motor vehicles, large scale manufacturing or any use which will create noise, noxious odors or any hazard that may endanger the health, safety or welfare of the neighborhood.
b.
The home occupation may not allow customers or the public to come to the premises.
c.
The dwelling must be the primary residence of the principal practitioner at the time of the application and the home occupation may be valid only as long as the original principal practitioner resides in the dwelling, is conducting the business and has a current business license.
d.
Home occupations may not exceed 25 percent of the total heated floor area of the residence or 500 square feet, whichever is less.
e.
Any additions or alterations to the residence which will be used for the home occupation must be architecturally compatible with the surrounding residential and agricultural development.
f.
The portion of the residence in which the business is conducted must be completely enclosed so that the business is not visible from surrounding properties.
g.
No employees other than family members residing on the premises may be permitted.
h.
There may be no exterior evidence of a business being conducted on the premises. No outside storage or display, including signs, is permitted.
i.
No more than two home occupations, residential businesses or rural businesses are allowed in a residence at one time.
j.
No use that creates noise, dust, vibration, odor, smoke, glare, or electrical interference that would be detectable to the normal senses beyond the dwelling unit is permitted.
k.
Two business vehicles used exclusively by the resident are permitted. The vehicle is limited to a passenger car, a van or a truck up to one ton. Utility trailers or similar trail behind cargo trailers are not considered business vehicles.
l.
Pickups from and deliveries to the site for the business are restricted to vehicles having no more than two axles and may not exceed two per day.
D.
Residential Business
1.
Defined
An occupation or profession conducted entirely within a dwelling which may require access by the public.
2.
Use Standards
a.
Residential businesses may include but are not limited to beauty shops, barber shops, professional offices and minor repair services. In the R-I district, the use is restricted to those uses where no customers or clients are coming to the site.
b.
Residential businesses may not include the repair or maintenance of motor vehicles, large scale manufacturing, or any use which will create noise, noxious odors or any hazard that may endanger the health, safety or welfare of the neighborhood.
c.
The residential business may not involve group instruction or group assembly of people on the premises.
d.
The dwelling must be the primary residence of the principal practitioner and the residential business may be valid only as long as the principal practitioner resides in the dwelling, is conducting the business, and has a current business license.
e.
Residential businesses may not exceed 35 percent of the total heated floor area of the residence or 600 square feet, whichever is less.
f.
Any additions or alterations to the residence which will be used for the residential business must be of an architectural style in keeping with the surrounding residential and agricultural development.
g.
The portion of the residence in which the business is conducted must be completely enclosed in a manner that the business is not visible from surrounding properties.
h.
Only one employee outside of family members residing on the premises may be permitted. For uses where no customers or clients are coming to the site, the number of employees permitted at any one time may be increased to three.
i.
Property on which the residential business is proposed must have frontage on a public road.
j.
Parking for customers or clients must be provided on site as provided in Table 8.1 of Sec. 8.1.
k.
No outside storage or display may be allowed.
l.
Days and hours of operation allowing access by the public, employees, customers or clients are limited to Monday to Saturday, 8:00 a.m. through 6:00 p.m.
m.
No more than one home occupation, residential business or rural business is allowed on a lot at one time.
n.
The principal practitioner may be permitted to park one commercial vehicle in the approved parking area. The commercial vehicle is limited to a passenger car, a van or a light truck (up to one ton).
o.
Any utility trailer needed for the orderly operation of the business must be specifically requested and approved by the Planning Commission. The request must include the proposed use and size of the trailer.
p.
Pickups and deliveries to the site in regard to the business are restricted to vehicles having no more than two axles, may not exceed two per day, and must occur during applicable hours of operation.
q.
See Secs. 8.6.14 and 8.6.15 for sign standards.
E.
Rural Business
1.
Defined
An occupation or profession conducted within a dwelling, accessory structure or outside. Rural business includes the following:
a.
Offices.
b.
Beauty shops, barber shops.
c.
Retail sales or services of a specialty nature including antique shops, specialty foods, custom furniture, custom-made sporting goods, and meat cutting as a retail service to the public; provided, however, that no slaughtering or wholesale meat cutting or processing is permitted.
d.
Small repair shops for appliances, machinery, farm equipment or automobiles, provided the following:
i.
The operation may not result in noise, electrical interference, vibration, smoke, gas, fumes, odor, dust, fire hazard, dangerous radiation, or other injurious or obnoxious conditions detectable to the normal human senses.
ii.
No more than two vehicles may be actively worked on at any time.
iii.
Machinery, farm equipment, or vehicles must be parked or stored within a designated area a maximum of 1,000 square feet in size. Said area must be located to the side or rear of the property and must be screened as provided in Sec. 8.2.
iv.
Storage of spare parts must occur within a structure, the area of which is counted towards the overall square footage of the business.
2.
Use Standards
a.
The minimum lot size is 1 acre.
b.
The dwelling must be the primary residence of the principal practitioner and the rural business may be valid only as long as the principal practitioner resides in the dwelling, is conducting the business and has a current business license.
c.
Rural businesses may not exceed 1,000 square feet if in a structure or 1,000 square feet of land if outside a structure. Should the use require both inside and outside areas, the total area used may not exceed 1,200 square feet. When a rural business is conducted in the residence, it may not exceed 35 percent of the heated floor space or 1,200 square feet, whichever is less. The proposed size of the business must be specified at the time of application for a rural business.
d.
Any buildings or structures for the rural business must be located at least 50 feet from any property line.
e.
Any additions or alterations to the residence which will be used for the rural business must be of an architectural style in keeping with the primary structure. Any structure built to house the business must be located to the side or rear of the residence, or, if the structure is in front of the residence, must be at least 100 feet from the front property line. The structure must be readily and easily usable for customary agricultural and residential uses.
f.
Any outside area other than accessory on-site parking must be completely enclosed or screened in such a manner that the business or outside storage is not visible from the surrounding property as set forth in Sec. 8.2.
g.
Only one employee outside of family members residing on the premises may be permitted.
h.
Property on which the rural business is proposed must have frontage on a public road.
i.
Parking for customers or clients must be provided on-site as provided in Table 8.1 of Sec. 8.1.
j.
Days and hours of operation requiring access by the public, customers or clients are limited to Monday to Saturday, 8:00 a.m. through 6:00 p.m.
k.
No more than one home occupation, residential business or rural business is allowed on a lot at one time.
l.
See Secs. 8.6.14 and 8.6.15 for sign standards.
7.8.10. Institutional Accessory Uses
A.
Defined
Accessory uses administered by an institution that are related directly to the campus or institution, including parks, athletic fields, stadiums, playgrounds, bookstores, soda shops, art galleries, restaurants, cafeterias, card and souvenir shops, clinics, medical and dental offices, boarding and rooming houses, clubs, sororities, fraternities, and temporary lodging facilities.
7.8.11. Keeping of Livestock and Poultry
A.
Defined
The raising or keeping of cattle, horses, donkeys, mules, goats, sheep, swine and other hoofed animals; poultry, ducks, geese, pigeons, peacocks and other live fowl; and fur or hide-bearing animals; whether for pleasure or utility, as an accessory use to a single-family detached dwelling. The keeping of livestock and poultry does not include small species of pigs, cage birds, cats, dogs, or rabbits kept within a dwelling as a household pet; nor does it include the butchering, slaughtering or killing of animals; nor does it include the keeping, breeding, or training of livestock or fowl for profit in any residential district.
B.
Use Standards
1.
At least 15,000 square feet of land must be provided for each one domestic livestock or hoofed animal.
2.
Livestock and fowl must be adequately contained within the property boundaries.
3.
Structures or buildings for the keeping of animals must be at least 100 feet from any property line.
4.
The breeding or sale of livestock, poultry or other animals is not permitted.
7.8.12. Modular Offices/Classrooms
A.
Defined
A structure or building designed to be moveable from one location to another and which is not designed to be permanently attached or anchored to the ground but intended for occupancy. The use of such structures for public buildings and uses does not require a permit.
7.8.13. On-Site Parking
A.
Defined
Parking provided on-site to serve a principal use of the site.
7.8.14. Outdoor Storage, Minor
A.
Defined
Minor outdoor storage includes, but is not limited to:
1.
The outdoor storage of merchandise or material in boxes, in crates, on pallets or other kinds of shipping containers.
2.
Outdoor sale or rental areas for sheds, building supplies, garden supplies, plants, lawnmowers, barbecues, and other similar items.
3.
The overnight outdoor storage of vehicles awaiting repair (but not new vehicles for sale).
4.
The outdoor storage of contractors' equipment that is accessory to a retail sales business with a floor area of 25,000 square feet or larger.
The use does not include the storage or sale of any items identified under major outdoor storage; nor does it include the outdoor display of tires or animals; nor does it include any temporary events under Sec. 7.9.5.
B.
Use Standards
1.
Accessory to Large Retail Sales. Where minor outdoor storage is allowed accessory to a retail sales business with a floor area of 25,000 square feet or larger, it is subject to the following:
a.
Minor outdoor storage must be located to the side or rear of the business it is accessory to, or within 100 feet of the primary entrance, or within 10 feet of the front facade.
b.
Minor outdoor storage may not impede the safe movement of pedestrian traffic.
c.
Minor outdoor storage may not exceed 10% of the enclosed floor area size of the business it accessory to.
d.
Minor outdoor storage may or may not be fully or partially covered. No covering may extend higher than the roof level of the principal building.
2.
Accessory to All Other Business. Where minor outdoor storage is allowed and is not subject to clause 1 above, it is subject to the following:
a.
Minor outdoor storage must be located to the side or rear of the business it is accessory to.
b.
Minor outdoor storage may not exceed the enclosed floor area size of the business it accessory to.
c.
Minor outdoor storage must be enclosed by a permanent, minimum 6 feet high opaque fence or wall that is compatible with the principal building in terms of texture, quality, material, and color.
d.
Scrap materials, building materials, nonoperable vehicles or other items intended for repair must be stored within an enclosed building.
7.8.15. Outdoor Storage, Major
A.
Defined
Major outdoor storage includes, but is not limited to:
1.
The outdoor storage of contractors' equipment that is not accessory to a retail sales business with a floor area of 25,000 square feet or larger.
2.
The outdoor storage of soil, mulch, stone, lumber, pipe, steel, salvaged or recycled materials, and other similar merchandise, material or equipment.
3.
The outdoor storage of vehicles (including fleet vehicles), boats, recreational vehicles, or other similar vehicles.
4.
The outdoor storage of pallets, kegs, cardboard, air and gas-filled tanks, and similar items, as determined by the Director.
B.
Use Standards
1.
Where major outdoor storage is allowed, it must be screened with a high opaque fence or wall at least 6 feet in height.
7.8.16. Religious Accessory Uses
A.
Defined
Accessory uses administered by a religious institution that are related directly to their place of worship, including cemeteries, education and activity buildings, athletic fields, monasteries or convents, playgrounds, parsonages or parish houses.
7.8.17. Short Term Rental
A.
Defined
An accommodation for transient occupancy where, in exchange for compensation, all or part of a privately owned dwelling is provided for lodging for a period of no less than 2 and no more than 30 consecutive nights per stay.
B.
Use Standards
All Short Term Rentals must meet the requirements of Title 5 of the Hall County Official Code.
7.8.18. Swimming Pool, Hot tub, and Spa
A.
Use Standards
1.
Swimming pools, except for those constructed in-ground, hot tubs or spas must meet all setback requirements for the district in which they are located.
2.
Accessory structures such as pergolas, cabanas, or structures housing equipment or mechanical features must meet all setback requirements for the district in which they are located.
Sec. 7.9. - Temporary Uses
Temporary uses are only allowed in the zoning districts specified in this section.
7.9.1. Farmers' Market
A.
Defined
The outside temporary display and sale of agricultural products sold directly by farmers. A farmers' market typically consists of booths, tables or stands where farmers sell fruits, vegetables, meats, and sometimes value-added farm products and prepared foods and beverages.
B.
Use Standards
1.
At least 75% of the displayed inventory of the products sold in each farmers' market must be farm products or value-added farm products.
2.
At least 75% of the booths open during the market's hours of operation must be producers, or family members or employees or agents of producers.
3.
If a booth sells farm products or value-added farm products that are not produced by the vendor, the booth must explicitly disclose the producer's name and location in writing with lettering that is at least 2 inches tall and visible to the consumer.
7.9.2. Mobile Food Establishment
A.
Defined
A vehicle mounted food establishment where food preparation and service for sale to the public is housed in a truck or trailer. Also referred to as a food truck or mobile food unit.
B.
Use Standards
1.
All mobile food establishments must be properly licensed by the County, including compliance with any business license or public health requirements.
2.
Written permission from the property owner is required to be submitted to the Department of Planning and Zoning as a part of the approval process for such temporary use.
3.
During business hours, the permit holder must provide a trash receptacle for customer use and must keep the area clear of litter and debris at all times.
7.9.3. Garden Market
A.
Defined
The outside temporary display and sale of agricultural products grown on-site. A garden market typically consists of booths, tables or stands where fruits, vegetables, meats, and sometimes value-added farm products and prepared foods and beverages are sold.
B.
Use Standards
1.
All the displayed inventory of the products sold in each garden market must be farm products grown on-site.
2.
All the booths open during the market's hours of operation must be the on-site producers, or family members or employees or agents of said producers.
7.9.4. Temporary Buildings
A.
Defined
A temporary building, sign or buildings for use in connection with a construction project or subdivision development. Temporary buildings and signs include the following:
1.
Construction trailer.
2.
Temporary sales office.
B.
Construction Trailer
1.
Defined
A trailer designed for temporary office use by a contractor working on utility line installation or road improvements for a governmental unit or public utility company. Includes any storage areas, parking areas or other accessory uses or structures normally associated with such contracts.
2.
Use Standards
a.
Trailers must meet all building code requirements for such structures.
b.
Trailers and storage areas may not be located within 200 feet of any residence.
c.
Trailers and accessory structures must meet setback requirements for the zoning district in which they are located and may not be located on public right-of-way.
d.
No outside lighting is permitted except for security lighting. Security lighting must be designed in a manner so as not to be directly cast into any residential district or roadway.
e.
Parking must be provided in accordance with the requirements for office uses in Sec. 8.1.
f.
Driveways serving the trailer or storage areas must be constructed according to the "Rules and Regulations for Driveway Construction in Unincorporated Hall County."
g.
The trailer, accessory structures and all storage areas must be removed from the site and the site returned to its original condition upon completion of the contracted work.
h.
In the O-I, S-S, H-B, M-U, I-1, and I-2 districts:
i.
Trailers are permitted for a period of three months with no screening requirement.
ii.
Trailers permitted for a period of up to 12 months must screen all outdoor storage so as not to be visible from surrounding properties or rights-of-way. Such screening must include a buffer at least 10 feet wide that meets the standards of Sec. 8.2.4.
iii.
Conditional use permit approval by the Planning Commission is required for construction trailers expected to exceed a period of 12 months. Approval must be obtained prior to installation.
i.
In all other districts:
i.
Construction trailers require conditional use permit approval by the Planning Commission.
ii.
All outside storage must be screened in a manner so as not to be visible to surrounding property or rights-of-way.
j.
See Sec. 8.6.4 for standards for construction trailer signs.
C.
Temporary Sales Office
1.
Defined
A structure, often a model home, located within an approved, recorded subdivision used for the sale of approved lots within the boundaries of that subdivision.
2.
Use Standards
a.
The temporary sales office must be located on an approved, recorded lot and must front a publicly maintained road.
b.
The area around the structure must be landscaped.
c.
A site plan showing the dimensions of the lot and location of the proposed sales office is required. The site plan must include any proposed landscaping and screening and its location within the site.
d.
The temporary sales office is restricted in use to the sale of approved lots within the boundaries of that subdivision in which the office is located. The office may not be used for any other use other than a sales office. The storage of construction materials or equipment is prohibited.
e.
Temporary sales offices must be removed when 75% of lots are occupied or sold.
7.9.5. Temporary Events
A.
Defined
An activity having a specific duration or the end of which is related to a specific action, usually lasting for only a few days or months at a time. Temporary events include, but are not limited to, the following:
1.
Sale of seasonal goods on nonresidential property for a period not to exceed 90 consecutive days.
2.
Promotional activities or devices intended to attract attention to a specific place, business, organization, event, or district, such as signs, searchlights, or balloons.
3.
Fundraising or noncommercial events by a civic, philanthropic, educational or religious organization, such as a community fair or religious assembly, including any on-site signs and structures.
4.
For profit events such as carnivals or festivals.
B.
Use Standards
1.
An application for a temporary event must be submitted to the Department of Planning and Zoning at least 14 days prior to the event.
2.
A detailed site plan showing the proposed location of any structures associated with the event, including tents, food trucks, games or rides, restrooms, and similar structures must be submitted to the Department of Planning and Zoning as a part of the application.
3.
Written permission from the property owner is required to be submitted to the Department of Planning and Zoning as a part of the application process for such temporary use.
4.
A 24-hour emergency contact number must be provided to the Department of Planning and Zoning as a part of the application.
5.
The hours of operation for such events are 8:00 a.m. to 12:00 a.m. Monday through Saturday and 12:00 p.m. to 7:00 p.m. on Sundays.
6.
All temporary events must be properly licensed by the County, including compliance with any business license or public health requirements.
7.9.6. Yard/Garage Sales
A.
Defined
A sale of personal belongings or household effects held at a person's home, usually in the garage or front yard.
B.
Use Standards
1.
The duration of the sale may not exceed 72 hours.
2.
A sale on a particular property may not occur more frequently than four times during any 12-month period.
3.
No goods purchased for resale or consignment goods may be offered for sale.