This section is designed to collect in one place the regulations with respect to specific uses.

(Code 2004, § 152.065; Ord. No. 381, 4-10-2006)

On any lot where detached, single-family dwellings, manufactured homes or attached single-family dwellings (townhouses) are the principal use, customary accessory buildings, structures, and uses shall meet the following requirements:

(1)

Accessory uses, buildings, and structures shall be located in a rear yard.

(2)

Accessory buildings and structures shall not exceed the height of the principal structure.

(3)

Accessory buildings having a floor area less than 400 square feet in size must be at least five feet from any property line. Accessory buildings having a floor area more than 400 square feet in size shall comply with the underlying zoning regulations for side setbacks and shall be located at least ten feet from the rear property line. No accessory building shall be placed within any drainage or utility easement.

(4)

Accessory structures, including swimming pools, decks and patios, shall be located a minimum of five feet from any property line. No accessory structure shall be placed within any drainage or utility easement.

(5)

In no case shall an accessory building or structure exceed the square footage of the principal building or structure to which it is accessory.

(6)

Accessory structures and buildings must be constructed in conjunction with or after a building permit for the principal building is lawfully approved.

(7)

Accessory buildings may be constructed of any type of material, provided that such structures are hidden from plain view. For example, such structure may be behind the primary building so as to obscure it from plain view from a publicly traveled road, or it may be obscured by either a fence or vegetation. If the building is not hidden from plain view, it shall maintain a facade of fiber-cement siding, wood siding, wood-textured vinyl siding, brick/brick veneer, rock, stone, cast-stone, stucco or synthetic stucco, or finished/baked enamel aluminum/metal siding that establishes a horizontal pattern. For buildings not obscured from view, the roofing materials shall be constructed of the same materials as the roof of the primary structure.

(8)

Accessory buildings, structures, and principal buildings cannot exceed 50 percent of the lot size.

(9)

A conditional use permit shall be required before an additional accessory building, structure, or use is constructed that would result in the total area of all accessory buildings, structures, and uses exceeding 200 percent of the square footage of the principal building.

(Code 2004, § 152.066; Ord. No. 381, 4-10-2006; Am. Ord. No. 433, 9-21-2009; Am. Ord. No. 447, 6-18-2012; Am. Ord. No. 468, 7-28-2014; Ord. No. 2224, 11-28-2022)

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

(a)

Livestock means animals of the equine, bovine, or swine class, including goats, sheep, mules, horses, hogs, cattle, and other grazing animals.

(b)

Buildings. Buildings and structures related to agriculture, farming, or the keeping of livestock, shall be set back a minimum of 100 feet from any property line.

(c)

Lot size. The minimum lot size for the keeping of livestock shall be five acres. One horse may be boarded for non-commercial use on a lot containing five acres or more in area, and an additional acre of area shall be required for each additional horse to be boarded.

(Code 2004, § 152.067; Ord. No. 483, 8-24-2015)

Comply with each site requirement as provided in chapter 4, alcoholic beverages.

(a)

The lot area shall be a minimum of ten acres.

(b)

The stage shall be located a minimum of 600 feet from any property containing a residential use.

(c)

Vehicular access shall be derived only from an arterial street.

(d)

A minimum 100-foot buffer shall be provided along any property line containing a residential use.

(e)

A minimum 50-foot buffer shall be provided adjacent to any property line containing a non-residential use.

(f)

A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall be observed adjacent to residential uses.

(g)

Security fencing shall be provided adjacent to residential uses.

(h)

The hours of operation of the facility shall be limited to 8:00 a.m. to 11:00 p.m. when any property line containing a residential use abuts the facility.

(Code 2004, § 152.068; Ord. No. 381, 4-10-2006)

Establishments that sell, rent, or lease automobiles must provide parking specifically identified and devoted to customers. Adequate space must be allocated, specifically identified, and reserved on the site for the unloading of vehicles brought to the site by car carriers. It shall be a violation to park vehicles for sale, rent, or lease in customer parking or unloading areas. Outside loudspeakers shall not be permitted when adjacent to a residential use.

(Code 2004, § 152.069; Ord. No. 381, 4-10-2006)

Automobile salvage yards and junkyards shall be completely enclosed by a solid wooden fence having a height of eight feet or more if necessary, which shall be installed along all property lines to effectively screen all operations from view. All doors or gates to such yard shall be the same height of the fence, shall be constructed of solid wood and shall swing so as not to project beyond the property line. A 25-foot natural buffer must surround the perimeter of the property.

(Code 2004, § 152.070; Ord. No. 381, 4-10-2006)

Churches and their customary accessory buildings shall be set back a minimum of 50 feet from any side or rear property line, and within the 50-foot setback required along side and rear property lines, a minimum 25-foot wide natural buffer shall be provided.

(Code 2004, § 152.071; Ord. No. 381, 4-10-2006)

(a)

Towers/accessory structures must be set back a distance equal to the height of the tower from any property containing a residential use, a commercial use, or a public roadway. Residential and commercial uses shall include unoccupied structures. A variance may be pursued by an applicant if a communications tower is designed by competent engineer or designer to collapse upon itself. In that case, the set back distance shall be the collapse zone.

(b)

The tower and/or associated facilities shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device.

(c)

A minimum ten-foot wide landscape strip shall be required around the facility exterior to any fence or wall unless the community development director determines that existing plant materials are adequate.

(d)

The tower shall comply with applicable state and local statutes and ordinances, including, but not limited to, building and safety codes.

(e)

Communication towers/antennas shall not be artificially lighted except to ensure human safety or as required by the Federal Aviation Administration.

(Code 2004, § 152.072; Ord. No. 381, 4-10-2006; Ord. No. 2234, 1-23-2023)

Daycare centers and nursery schools shall have at least 150 square feet of outdoor play area and at least 35 square feet of indoor space provided for each child or other person served. A fence with a minimum height of four feet shall enclose the outdoor play area.

(Code 2004, § 152.073; Ord. No. 381, 4-10-2006)

Drive-through facilities shall not be located within 50 feet of public rights-of-way or within 50 feet from any property containing a residential use. Stacking lanes for drive-through facilities must be designed in a manner so that vehicle queuing does not interfere with access driveways, interparcel connections, or maneuverability in and out of off-street parking spaces. Stacking lanes shall be clearly identified through the use of striping, landscaping, and/or signs, and stacking lanes for fast-food establishments shall provide a means for vehicles to escape from the drive-through queuing stream.

(Code 2004, § 152.074; Ord. No. 381, 4-10-2006)

Fee-simple townhouses shall meet the following requirements:

(1)

Each platted lot shall have a minimum of 20 feet of frontage on a private road that meets public street standards of the city.

(2)

Zero lot line between units within the same building shall be permitted, subject to applicable fire and building codes.

(3)

To avoid a monotonous appearance, no more than five townhouse units shall be included in any one building. Any building containing more than three units with common walls must have the roof of each attached unit distinct from the other through separation or offsets in roof design.

(4)

Each townhouse development or phase thereof shall require subdivision plat approval.

(Code 2004, § 152.075; Ord. No. 381, 4-10-2006)

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

(1)

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

(2)

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

(3)

The proposed extraction shall not take place within 300 feet of a property containing a dwelling, school, church, hospital, or public building.

(4)

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

(5)

All blasting operations shall occur between sunrise and one hour after sunset.

(Code 2004, § 152.076; Ord. No. 381, 4-10-2006)

(a)

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

(b)

Vehicular access shall be derived only from a major collector or higher road classification.

(c)

Loudspeakers/paging systems are prohibited when residential uses are located adjacent to driving ranges.

(d)

The hours of operation shall be limited to 8:00 a.m. to 10:00 p.m. when any property containing a residential use abuts the facility.

(e)

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

(Code 2004, § 152.077; Ord. No. 381, 4-10-2006)

Helicopter landing facilities must meet applicable safety standards of the Federal Aviation Administration, state safety standards, and fire suppression and safety standards of the fire marshal. Helicopter landing pads shall be at least 200 feet from any property containing a residential use and at least 50 feet from all other property lines. All take-off, landing, and parking areas for helicopter landing facilities must be surfaced with a dust-proof material.

(Code 2004, § 152.078; Ord. No. 381, 4-10-2006)

(a)

A minimum one-acre lot size is required.

(b)

Buildings, animal runs, sun areas, and exercise yards shall be located at least 100 feet from all property lines and 200 feet from any property containing a residential use.

(c)

Indoor enclosures (cages, kennels or runs) shall be provided for each animal housed. These enclosures shall be constructed of an impervious material. Floors shall be metal, fiberglass, concrete or covered throughout with a minimum of three inches of gravel. Enclosures must be cleaned daily with a disinfectant, cleanser or chlorine bleach. Cleaning materials must be present at the time of any inspection in amounts sufficient to clean the entire facility. Animals must be removed from enclosures during cleaning.

(d)

Building temperature shall be maintained at a comfortable level. Adequate ventilation shall be maintained by means of windows, doors, vents, and fans.

(e)

Each animal shall have sufficient space to stand up, lie down, and turn around in a natural position without touching the sides or top of the enclosure. If additional space is not provided, either indoor or outdoor, then this enclosure must provide an adequate exercise area.

(f)

Outdoor runs or enclosures may be provided in addition to the indoor enclosures. These outdoor enclosures may be separated or attached to the indoor enclosures.

(g)

All enclosures shall be kept clean and dry.

(h)

All enclosures shall provide protection from the weather.

(i)

The food shall be free from contamination, wholesome, palatable, and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the animal.

(j)

All animals shall have fresh water available at all times except as part of a veterinary treatment regimen. Water vessels shall be mounted or secure in a manner that prevents tipping and be of the removable type, except in areas where animals are kept for medical recuperative purposes.

(Code 2004, § 152.079; Ord. No. 381, 4-10-2006)

(a)

General requirements. Satellite dish antennas are allowed in any zoning district, as long as all requirements outlined in this section are complied with. General requirements apply to all satellite dish installations.

(1)

Permanent installation. Satellite dishes must be permanently installed on a building, in the ground or on a foundation, not on a portable or movable structure, such as a trailer.

(2)

Cables. Cables and lines serving ground-mounted satellite dish antennas must be located underground.

(3)

Electromagnetic interference. Satellite dishes must be filtered or shielded to prevent radio-frequency energy emissions that would cause harmful interference with radio or TV reception or broadcasting on neighboring properties.

(4)

Construction, installation and operation. Compliance with all federal, state and local regulations is required.

(5)

Maintenance. All exposed surfaces and supports of the antenna must be kept clean and painted to achieve a well-maintained appearance in keeping with all approvals. The city can require repair or removal of antennas that are damaged, deteriorated or no longer in use.

(b)

Commercial/industrial property. In addition to the general requirements, the following regulations apply to satellite dish antennas greater than one meter in diameter within non-residential zoning districts:

(1)

Size. Maximum allowed height:

a.

Commercial retail sites: 12 feet.

b.

Broadcast studios, office, manufacturing and warehouse uses: larger antennas are permitted, up to the maximum allowed building height, except that roof-mounted antennas must not extend more than 12 feet over the maximum permitted building height.

(2)

Number. Multiple antennas may be permitted. However, multiple antennas greater than 12 feet in height will be subject to final plan review by the planning commission.

(3)

Ground-mounted location and setback. A dish is allowed on any portion of the lot, except between a right-of-way line and the corresponding building line. It must be set back inside the property line a distance that is at least equal to its height, but not less than ten feet from the property line.

(4)

Roof-mounting. This is permitted if the satellite dish antenna is in scale with the overall building mass and location. The visible portion of the dish should not be more than 25 percent of the corresponding height or width of the underlying building or screen. The building edge or screening should obscure the lower part of the support structure and all accessory equipment from ground-level views within 1,000 feet of the antenna.

(5)

Offsite locations. A satellite dish antenna may be located on another property, if that property owner gives permission in writing.

(Code 2004, § 152.080; Ord. No. 381, 4-10-2006; Am. Ord. No. 460, 1-27-2014)

(a)

Access from paved streets, with acceleration and deceleration lanes, built according to state DOT specifications, shall be required.

(b)

Access shall not be allowed through any residential subdivision or residential development.

(c)

A minimum 100-foot wide buffer is required adjacent to any property line containing a residential use.

(d)

A minimum 50-foot wide buffer is required adjacent to public rights-of-way.

(e)

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

(f)

The owner shall provide the community development director with a current copy of a state solid waste-handling permit prior to applying for a land disturbance permit.

(g)

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

(Code 2004, § 152.081; Ord. No. 381, 4-10-2006)

(a)

The minimum lot size for a mini-warehouse development shall be two acres, and the maximum developed area for a mini-warehouse shall be four acres.

(b)

Individual storage units shall not be used for the storage of hazardous materials or toxic substances. The use of individual storage units for living, sales, or hobbies is prohibited.

(c)

No individual mini-warehouse building shall be more than 200 feet long.

(d)

Fencing adjacent to a public right-of-way shall be required in the form of an architecturally finished wall or solid, opaque wooden fence.

(e)

Mini-warehouse developments shall not be accessible to the general public (excluding on-site managers) between the hours of 11:00 p.m. and 6:00 a.m.

(f)

All buildings shall be made of brick and will follow the design guidelines as approved.

(Code 2004, § 152.082; Ord. No. 381, 4-10-2006)

(a)

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

Produce or farmers market means structures, buildings, and/or areas no more than 3,500 square feet in size, including any outside display area and are primarily used to sell raw, unprocessed fruits, vegetables, nuts and other agricultural produce in its raw or natural state for profit. The term "produce or farmers market" also may be used for limited sales of processed foods and non-food items. Produce markets are temporary in nature (six months or less in one location).

Produce stand means structures, buildings, and/or areas no more than 400 square feet in size and are used to sell only raw, unprocessed fruits, vegetables, nuts and other agricultural produce in its raw or natural state for profit. Produce stands are temporary in nature (six months or less in one location).

(b)

General standards.

(1)

Up to two produce stands or one produce market per parcel is allowed, subject to staff approval of a site plan. Produce stands and markets may be located in the B-1, B-2, and B-3 zoning districts.

(2)

There shall be no sales of fuel and related products, tobacco products, alcoholic beverages, lottery tickets, vehicles or related products.

(3)

Food franchises are prohibited in any roadside stand or produce market operation.

(4)

Signage shall follow guidelines for temporary signage in this article according to the underlying zoning or district. Signage shall only be installed while the stand or market is in operation and has a maximum period of six months.

(c)

Off-street parking required.

(1)

To ensure public safety, roadside stands and produce markets shall be required to have off-street parking and adequate ingress and egress with an area for turnaround.

(2)

Roadside stands and produce markets will be required to be on a lot with a recognized curb cut and with an area to turn-around. There shall be one ten by 20-foot parking area per 400 square feet of selling and display area, with a minimum of two spaces. Parking spaces are exclusive of driveways, turnarounds, and spaces devoted to other uses on site. Entrances and exits onto public roadways must have an all-weather surface.

(d)

Building and structure requirements. A temporary structure, such as a pop up tent or canopy, is permitted. Said structure shall be removed from the lot at the end of each business day. While on the lot, the structure shall be tethered or in some way attached to the ground in a manner that ensures that the structure is secure and does not pose a hazard. Selling from an automobile is also permitted, but the automobile shall be removed from the lot at the end of each business day.

(e)

Location requirements. Stands and markets shall not be placed in any landscape strip, buffer area, or within required side or rear setbacks. Stands and markets shall be placed a minimum of 20 feet from the right-of-way to the front of the sales or display area. In B-1 districts, this can be reduced to five feet from the right-of-way. If placed in a parking area, the stand and/or market shall not infringe on required parking spaces for on-site land uses.

(f)

Permit required. A permit is required prior to engaging in any selling or display activities as set forth in this section. To obtain approval for a roadside stand and/or produce market the following shall be required:

(1)

Provide a written agreement between the applicant and property owner or their agent permitting use of the property by the applicant and a plat of the property if the applicant is not the owner of said property.

(2)

Provide a site plan of the property indicating location of stand and/or market and parking.

(Code 2004, § 152.083; Ord. No. 381, 4-10-2006; Am. Ord. No. 478, 1-26-2015)

The minimum site size for a skeet or trap shooting range shall be 15 acres. The minimum site size for a rifle range shall be 20 acres. Ranges shall have an earth embankment not less than 25 feet in height and not less than ten feet in width at the end of the range to serve as a back stop.

(Code 2004, § 152.084; Ord. No. 381, 4-10-2006)

No storage of petroleum products or explosives shall be permitted until the necessary permits and approvals from the state fire marshal and/or federal agency, as may be required, are obtained. No such storage area shall be located within 500 feet of property containing a residential use.

(Code 2004, § 152.085; Ord. No. 381, 4-10-2006)

Service and fuel filling stations, including convenience stores with gasoline pumps, shall have all fuel pumps located at least 25 feet from any public right-of-way or property line. All buildings and appurtenances must be located at least 100 feet from any property containing a residential use. All fuel must be stored underground outside of any public right-of-way. All structures, including storage tanks, shall be placed not less than 30 feet from any property line.

(Code 2004, § 152.086; Ord. No. 381, 4-10-2006)

No house trailer, truck trailer, or similar mobile structure of any kind shall be used for storage purposes, temporary office purposes or parked within the residential, business or professional districts of the city, except that such a use may be permitted in connection with a construction project or for a temporary period of time not to exceed 30 days per year.

(Code 2004, § 152.087; Ord. No. 381, 4-10-2006)

Any use which generates more than ten truck trips during a peak travel hour or 100 average daily truck trips shall provide deceleration lanes for the use of trucks leaving the road, as approved by the community development director.

(Code 2004, § 152.088; Ord. No. 381, 4-10-2006)

(a)

Design shall follow guidelines set in place by the Whole Building Design Guide, National Rifle Association, International Building Code, and OSHA.

(b)

Property owners within a 200-yard radius of the property line shall be informed of the intentions to construct an indoor firing range.

(c)

Proof of insurance will be required upon issuance of initial business license and subsequent renewals.

(Code 2004, § 152.089; Ord. No. 455, 7-15-2013)

(a)

Permit required. It shall be unlawful for any person or entity to place or employ a donation bin on private property within the city without first obtaining an annual permit.

(b)

Application for permit; renewal. Any person or entity desiring a permit under this section shall apply for an annual permit with the community development director on a form furnished by the city. Said permit shall expire on December 31 of the year of its issuance. Permittee shall be allowed ten business days from the expiration of the permit to renew before penalties shall be assessed as a Code violation.

(c)

Insurance required. Any person or entity applying for a permit under this section shall provide a certificate evidencing a general liability insurance policy of a minimum of $100,000.00, providing notice to the city at least ten days prior to any change or termination of coverage.

(d)

Location and placement. Donation bins shall only be permitted in business, professional, and industrial zoning classifications within the city. Donation bins shall follow the following criteria:

(1)

No donation bin shall be placed in such a manner that it projects onto or over any part of any public roadway or any public streets.

(2)

No donation bin shall be placed in such a manner that it rests in whole or in part upon any portion of a public right-of-way or projects onto or over any part of a public right-of-way.

(3)

No donation bin shall be placed within a required buffer area.

(4)

No donation bin shall be placed within 25 feet of any driveway, fire hydrant, or crosswalk.

(5)

Any person or entity shall be allowed to place no more than one donation bin per parcel or location with a total of three donation bins allowed per parcel or location.

(6)

Donation bins shall be placed on a hard, level, and weather-resistant surface.

(7)

Screening shall be in a manner to effectively shield the bin from being viewed from the public right-of-way as determined by community development director on a case-by-case basis. Screening may include vegetation.

(8)

Donated materials or clothing shall not be placed on or around the exterior of the bin. Violations shall be treated as a public nuisance and be abated within ten business days or face penalties.

(e)

Design and size standards.

(1)

Donation bins shall not exceed the maximum size of 12 feet in length by six feet in width by six feet in height.

(2)

Donation bins shall be entry-proof and designed to avoid the entrapment of children.

(3)

The name, website, telephone number and address of the registered person or entity who owns the bin, and any other entity which may share in the profit from any clothing or other material collected via the bin, shall be clearly and conspicuously displayed on the exterior.

(4)

Donation bins and screening shall not be utilized for any advertising, signage, or other promotional materials other than the display of the information provided for in this section.

(f)

Time and notification of decision. The planning and zoning department shall have 30 business days to issue or deny the permit. A notification of issuance or denial of the permit shall be delivered by hand delivery or by mailing such notice to the applicant's address on or before the 30th business day. If denied, the notice shall state the reasons for denial.

(g)

Appeals. The applicant may appeal the decision of the planning and zoning department to the city council by filing a written notice of appeal with the community development director no later than ten days after the denial or revocation of the permit. The city council shall hear the appeal at the next regularly scheduled meeting that is at least 14 days after the notice of appeal has been filed. A final written decision on the appeal shall be rendered by the city council no more than 30 days from the date the appeal was heard.

(Code 2004, § 152.090; Ord. No. 458, 10-15-2013)

(a)

General requirements. Lots zoned for single-family use shall be permitted to keep backyard chickens for the expressed purpose of egg production under this section.

(b)

Number of chickens. Chickens shall be limited to more than six per lot. Roosters are not permitted.

(c)

Coops required. Coops housing chickens shall be required and provide a minimum of three square feet of space per chicken. Construction of coops shall follow accessory building guidelines set forth in section 108-96, shall have both a roof and walls, and shall be adequately ventilated. Coops shall be maintained in a clean manner and free of vermin. Runs are permitted, but must be fully enclosed with poultry netting or a similar material. Runs shall not count towards the square footage requirement.

(d)

Location. Coops and runs shall not be placed less than 25 feet from any property line and shall be in the rear yard.

(e)

Fencing required. The area housing the coop and run shall be fenced in to prevent chickens leaving the lot.

(f)

Inspection and permit required. Before issuing a permit to keep backyard chickens, the community development director or their appointee shall inspect the premises for the criteria set forth in this section. A permit shall be required to keep backyard chickens and application shall be made on forms provided by the department. The department shall have 30 business days to issue or deny the permit. A notification of issuance or denial of the permit shall be delivered by hand delivery or by mailing such notice to the applicant's address on or before the 30th business day. If denied, the notice shall state the reasons for denial.

(g)

Revocation of permit. If a permittee is found to be in violation of this section or adopted nuisance codes and fails to address the issue in the allotted timeframe, the department shall pursue revocation of the issued permit.

(h)

Appeals. The applicant may appeal the decision of the community development director to the city council by filing a written notice of appeal with the community development director no later than ten days after the denial or revocation of the permit. The city council shall hear the appeal at the next regularly scheduled meeting that is at least 14 days after the notice of appeal has been filed. A final written decision on the appeal shall be rendered by the city council no more than 30 days from the date the appeal was heard.

(Code 2004, § 152.091; Ord. No. 470, 9-22-2014)

Applicants shall be required to provide proof of licensure in the state for massage therapy as established in O.C.G.A. § 43-24A or as amended upon initial application and subsequent annual applications for an occupational tax. Any employee who also performs massage therapy shall be required to provide proof of licensure annually. Failure to provide proof of licensure shall be grounds for revocation of the occupational tax.

(Code 2004, § 152.092; Ord. No. 479, 1-26-2015)

All body artists shall provide proof of a county board of health issued body art license to the city prior to providing body art services at a permanent location in the city.

(Code 2004, § 152.093; Ord. No. 488, 1-25-2016; Ord. No. 2311, 8-28-2023)

(a)

Purpose. The city is committed to protecting the waters of the state through its constitutional power of zoning. As animal operations have the possibility of adversely impacting the waters of the state through various means, a specialized permitting process is required for any animal operation proposed within the corporate limits of the city.

(b)

Animal operation (AO) defined. An animal operation is broadly defined as any facilities in which animals are raised or brought for slaughter with a large perpetual inventory and density of animals.

(c)

Animal feeding operation (AFO) defined. An animal feeding operation is an operation where animals have been, are, or will be stabled or confined and fed or maintained for a total of four days or more in any 12-month period and where vegetation is not sustained in the confinement area during the normal growing season. (Reference CRF 122.23(b)(1)).

(d)

Animal unit defined. The term "animal unit" is utilized by federal and state agencies and offices as a means of standardizing the potential impact of different animals upon the waters of the state. The most typical animal unit standard is the "300 AU" standard meaning three hundred animal units. The number of animals in any of the following categories is equivalent to 300 AU:

(1)

300 slaughter and feeder cattle;

(2)

200 mature dairy cattle (whether milked or dry cows);

(3)

150 horses;

(4)

750 swine each weighing over 25 kilograms (approximately 55 pounds);

(5)

3,000 sheep or lambs;

(6)

16,000 turkeys;

(7)

30,000 laying hens or broilers (if the facility has continuous overflow watering);

(8)

9,000 laying hens or broilers (if the facility has a liquid manure handling system);

(9)

1,500 ducks.

(e)

Concentrated animal feeding operation (CAFO) defined. The term "concentrated animal feeding operation" means an animal feeding operation if it means the regulatory definition of a large or medium CAFO, 40 CFR parts 122.23 (b)(4) or (6), is expected to be designated as a CAFO, 40 CFR part 122.23 (c), by the NPDES permitting authority (director of the state environmental protection division) or by the EPA.

(f)

Any animal feeding operation or concentrated animal feeding operation proposing to operate within the corporate limits of the city shall only be permitted to operate within an A-1 agriculture or I-1 industrial zoned property and only then after being granted a conditional use land permit by the city planning and zoning commission upon completion of the conditional use application process.

(g)

Any proposed commercial operation maintaining over 25 animal units for the purpose of feeding and selling for commercial gain shall only be permitted to operate within an A-1 agricultural or I-1 industrial zoned property and only then after being granted a conditional use land use permit by the city planning and zoning commission upon the completion of the conditional use application process.

(h)

The community development director may request additional information for the conditional use permit process to document possible impacts upon the waters of the state.

(i)

Nothing in this section shall interfere with the permitted keeping of residential backyard chickens.

(Ord. No. 1808, 05-24-2018)

(a)

Permitted zoning districts. Equine (horses) may be kept upon property with an Agricultural (A-1) Zoning classification and also a Residential R-IA zoning classification if the R-IA property has a residential presence upon the property. The keeping of equine (horses) upon either zoning district shall comply with the remaining requirements of this section.

(b)

The minimum size lot for the keeping of an equine for personal ownership shall be six acres.

(c)

Agricultural (A-1) and residential (R-IA) zoned property supporting horses for personal ownership, may have two equine (horses) for the first six acres of property and shall have a minimum of two additional acres of property for each additional horse supported.

(d)

Two acres of perennial pasture in non-cropping type land shall be provided for each equine (horse) located upon the property. Such non-cropping type land shall exclude forest cover, ponds, swamps, and other such landcovers.

(e)

All property required to support equine (horses) for personal ownership shall be fenced so as to keep the equine (horses) upon the property. No fence shall be closer than 100 feet from a residential structure.

(f)

No structures used for sheltering, feeding, or caring for the equine (horses) shall be located closer than 100 feet from any property line.

(g)

The community development director shall accept applications for the keeping of equine (horse) on A-1 zoned and R-IA zoned property and shall document the establishment of a foraging program consistent with the University of Georgia Extension Office Bulleting 1224 "Forage Programs for Horses in Georgia" or a subsequent bulletin.

(Ord. No. 2004, 7-27-2020)

(a)

This section is applicable to balustrades, barbed wire, boards, chains, fences, pickets, posts, railings, walls, wires, and other devices or structures designed to be a barricade between two parcels of property. All such barricades shall be referenced in this section as fences and land barriers.

(b)

The city shall review the placement offences and land barriers in order to protect public water and sewer lines from damage due to the placement of fence and land barrier support structures into the ground.

(c)

The city shall review the placement offences and land barriers in order to prevent encroachment into public easements required for the provision of public services.

(d)

The city may review the placement of fences and land barriers to provide public record information that can be used to reduce trespass potential.

(e)

The city shall provide a fence and land barrier review to the citizens of Harlem through a fence review permit process. There shall be no fee for review of residential property

(f)

The city shall develop all necessary forms for a fence review permit process.

(Ord. No. 1912, 11-25-2019)

(a)

This section shall be known as the "private swimming pool and spa removal and closure [requirements]."

(b)

Definitions in this section shall be the same as those found in the International Swimming Pool and Spa Code as adopted by the Georgia Department of Community Affairs. In addition to these definitions, the following definitions are adopted:

Above ground pool means a pool with a barrier located above ground level.

Above ground spa means a spa with a barrier located above ground level.

Below ground pool means a pool with a barrier located below ground level.

Below ground spa means a spa with a barrier located below ground level.

Closure means modifying the pool or spa structure so that it cannot be accessed.

Filling means a material as approved by the code official needed to completely fill a swimming area during the closure or removal process.

Inoperative means being in state that cannot be used or operated; it is non-functional.

Operative means being in state that can be used or operated; it is functional.

Removal means the action of removing or taking away from its place of installation. (c) Duty to maintain pool/spa.

(1)

It is the duty of the owner to maintain the pool and/or spa in a state that is operative.

(2)

It is the duty of the owner to keep up repairs and keep the pool and/or spa in a functional and swimmable state.

(3)

It is declared a public nuisance when the owner of the pool and/or spa does not maintain the structure of the pool and/or spa according to the International Swimming Pool and Spa Code as adopted by the Georgia Department of Community Affairs.

(4)

It is declared a public nuisance when the owner of the pool and/or spa allows algae, mold, insects, or stagnant water to accumulate within the pool and/or spa.

(5)

When the pool is emptied of water, the water from the pool and/or shall be disposed of properly and not damage the surrounding property.

(6)

When the pool and/or spa is emptied of water, the water being emptied shall not contain chemicals that can be harmful to the environment and not approved for pool sanitary use and disposal.

(d)

Removal of an above ground pool. For an owner to properly perform the removal of an above ground pool, the following activities must be completed:

(1)

All water must be drained from the pool as the first activity.

(2)

Any connections to the Harlem public water system must be capped.

(3)

Any connections to the Harlem public sewer system must be capped.

(4)

All electrical connections to the pool must be disconnected.

(5)

The pool barrier must be removed.

(6)

Objects identified to the code official must be removed, including all pool equipment.

(7)

Decking and concrete pads may remain with the approval of the code official.

(8)

All accessible areas must be made free from trip hazards and holes.

(e)

Closure of an inground pool. For an owner to properly perform the closure of an inground pool, the following activities must be completed:

(1)

All water must be drained from the pool as the first activity.

(2)

Any connections to the Harlem public water system must be capped.

(3)

Any connections to the Harlem public sewer system must be capped.

(4)

All electrical connections to the pool must be disconnected.

(5)

If the pool has a concrete bottom, then openings in the pool bottom must be created to allow for the drainage of water from within the pool barrier.

(6)

All soil or dirt used to close the pool must be compacted and rise to the natural level of the ground.

(7)

Objects identified to the code official must be removed, including all pool equipment.

(8)

Decking and concrete pads may remain with the approval of the code official.

(9)

All accessible areas must be made free from trip hazards and holes.

(10)

The demolition materials must be disposed of off-site at a licensed facility.

(f)

Removal of an inground pool. For an owner to properly perform the removal of an inground pool, the following activities must be completed:

(1)

All water must be drained from the pool as the first activity.

(2)

Any connections to the Harlem public water system must be capped.

(3)

Any connections to the Harlem public sewer system must be capped.

(4)

All electrical connections to the pool must be disconnected.

(5)

The bottom and sides of the pool must be completely removed from the property.

(6)

All soil or dirt used to close the pool must be compacted and rise to the natural level of the ground.

(7)

Objects identified to the code official must be removed, including all pool equipment.

(8)

Decking and concrete pads may remain with the approval of the code official.

(9)

All accessible areas must be made free from trip hazards and holes.

(10)

The demolition materials must be disposed of off-site at a licensed facility.

(g)

Duty to maintain spa.

(1)

It is the duty of the owner to maintain the spa in a state that is operative.

(2)

It is the duty of the owner to keep up repairs and keep the spa in a functional and swimmable state.

(3)

It is declared a public nuisance when the owner of a spa does not maintain the structure of the spa according to the International Swimming Pool and Spa Code as adopted by the Georgia Department of Community Affairs.

(4)

It is declared a public nuisance when the owner of the spa allows algae, mold, insects, or stagnant water to accumulate within the spa.

(5)

When the spa is emptied of water, the water from the spa shall be disposed of properly and not damage the surrounding property.

(6)

When the spa is emptied of water, the water that is being emptied shall not contain chemicals that can be harmful to the environment and not approved for pool sanitary use and disposal.

(h)

Removal of an aboveground spa. The requirements to remove an above ground spa shall be the same as those requirements for an above ground pool.

(i)

Removal of an inground spa. The requirements to remove an inground spa shall be the same as those requirements for an inground pool.

(j)

Closure of inground spa. The requirements to close an inground spa shall be the same as those requirements for an inground pool.

(k)

Inspection, permit, survey plat, certificate of completion.

(1)

The building official shall accept, review and approve all permit applications and construction documents.

(2)

The building official shall conduct all necessary inspections necessary for closure or removal of pools and spas.

(3)

A recorded survey plat showing the previous site of a pool or spa shall be submitted to the building official before a certificate of completion is issued.

(4)

A certificate of completion shall be issued by the building official upon completion of all removal or closure activities.

(l)

Post closure and post removal nuisance. A public nuisance is declared if, after a pool or spa is closed or removed, standing water accumulates at the location of the former pool or spa and such nuisance shall be addressed pursuant to chapter 16 of the Harlem Code of Ordinances.

(m)

Violations.

(1)

Nuisances as defined in this section shall be addressed as described in chapter 16 of the Harlem Code of Ordinances.

(2)

Violations of building codes as adopted by the Georgia Department of Community Affairs shall be addressed as described in the Administration chapter adopted by the Mayor and Council of the City of Harlem.

(Ord. No. 2110, 5-24-2021)

Editor's note— Ord. No. 2110, adopted May 24, 2021, set out provisions intended for use as 108-127. Because § 108-127 already exists in the Code, and at the editor's discretion, these provisions have been included as § 108-128.

(a)

This section shall be known as the "build-to-rent single-family homes development requirements".

(b)

Definitions.

Build-to-rent (BTR) means a community of single-family residences offered for rental only in a professionally managed, high-amenitized community.

Horizontal apartments means clusters of single-family homes in rental communities that developed as individual residences with professional property management services.

Management company means a company conducting the operation, control, maintenance, and oversight of a build-to-rent community or a horizontal apartment community.

(c)

Before any build-to-rent or horizontal apartment development is initiated, either through the submission of construction plans or rezoning applications, the development entity shall:

(1)

Provide a declaration to the community development director that provides the following project information:

a.

Statement regarding the intent to operate a build-to-rent or horizontal apartment development.

b.

The number of units of the development that will be permanently managed by the management company.

c.

What public infrastructure will be privately maintained.

d.

Name of the local registered agent individual or company to which legal actions would be directed.

e.

Description of the property management process to be used, including the management company and local property manager.

f.

Declaration that the development shall consist of individual residential lots each with its own water meter and sewer tap.

g.

Access procedures for emergency situations and emergency response personnel.

h.

Description of the management entity to perform the actions and responsibilities of a homeowners association (HOA)/property owners association (POA) and a list of those actions.

i.

Description of covenants to be enforced by the management entity.

j.

Description of nuisances to be referred to the Harlem Code Official.

k.

Description of compliance with the Georgia Rental Law and Code Official responses.

l.

The process to be used for tenant evictions.

m.

Description of the process by which accessory buildings, structures, and uses shall be constructed in the development.

n.

Description of the process by which home occupations can secure an occupational tax certificate.

(d)

This section is applicable to the R-1A Residential District, the R-1B Residential District, the PUD Planned Unit Development District, the MUD Sustainable Community Mixed Use District, the CP-R Conservation Preservation Residential Zone and the TNY Tiny Home District.

(e)

The entity owning the build-to-rent development or the horizontal apartment development shall maintain at all times accurate and up-to-date organizational information with the City of Harlem, including all registrations with the Georgia Secretary of State.

(f)

This section shall only apply to developments of five or more build-to-rent residences or five or more horizontal apartments.

(g)

Abandonment of any declaration items shall constitute a violation of zoning conditions and shall result in a modification of zoning condition hearing before the Harlem Planning Commission.

(h)

The city manager may direct emergency repairs in those situations where the management company has not corrected property maintenance deficiencies that adversely impact public health, safety and welfare.

(i)

Development of the build-to-rent community or horizontal apartment community shall not proceed until the declaration is signed in agreement by the development entity and the city manager and the document recorded with the Columbia County Clerk of Superior Court.

(Ord. No. 2111, 5-24-2021)

Editor's note— Ord. No. 2111, adopted May 24, 2021, set out provisions intended for use as 108-128. Because § 108-128 already exists in the Code, and at the editor's discretion, these provisions have been included as § 108-129.

Any development within the Harlem city limits that is required by the United States Postal Service to install a cluster box unit for mail delivery shall:

(1)

Install a structure covering the cluster box unit that will provide protection from the vertical fall of rain, snow, etc. for United States Postal Service employees and also those persons retrieving mail.

(2)

Install lighting so as to allow for the detection of possible threats during mail delivery or retrieval of mail.

(3)

Allow for access as required by the American with Disabilities Act.

(4)

If a residential development, provide for two immediately adjacent parking spaces for users; if a commercial development, provide for two parking spaces with 50 for users.

(Ord. No. 2223, 11-28-2022)

(a)

Definitions.

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

Camp or camping means living accommodation activities such as sleeping activities or making preparations to sleep (including the laying down of bedding for the purpose of sleeping), or storing personal belongings, or making a fire, or carrying on cooking activities. These activities constitute camping if, in light of all the circumstances, it reasonably appears that in conducting one or more of these activities, the participant is in fact using the area as a living accommodation, regardless of the intent of the participant or the nature of any other activities in which s/he may also be engaging.

Dwelling unit means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

Owner, whenever used in relation to the parking of a recreational vehicle, means and includes the titled owner, any person who has purchased the vehicle but not yet applied for the title in the purchaser's name, any operator of the vehicle, any person renting the vehicle, and any person who operates a vehicle owned by a business, partnership, or corporation.

Portable storage container means a self-storage container that is delivered to and retrieved from a home or business for long-term off-site or on-site storage. Portable storage on demand and PODS are familiar trade names for such containers. These containers are not on a chassis and do not have axles or wheels.

Prohibited discharge means the discharge or spillage of sewage onto paved surfaces, grass or bare ground in violation of law and that constitutes a public health nuisance.

Recreational vehicle means aircraft, campers, camping trailers, motor homes, off-road vehicles, travel trailers, utility trailers, and watercraft.

Temporary storage container means a portable storage unit that does not have a permanent foundation or footing, and which includes cargo containers, portable storage containers, accessory storage sheds, truck trailers, construction trailers, and bulk solid waste containers. Such structures shall not be considered a building.

Trailer means a transport vehicle designed to be hauled by an automobile, truck or tractor, or a furnished van drawn by a truck or automobile and used as a house or office.

Vehicle means a device, such as a motor vehicle or a piece of mechanized equipment, used for transporting passengers, goods, apparatus, or equipment.

(b)

It shall be unlawful for an owner to allow a recreational vehicle to be parked on any public right-of-way, except for loading and unloading, which loading and unloading shall not exceed 12 hours.

(c)

All human waste generated during camping shall be disposed of using permanently connected toilet facilities.

(d)

It shall be unlawful for any recreational vehicle, temporary storage container, trailer, or vehicle to be used as a dwelling unit unless permanently installed bathtubs or showers, lavatory, water closet and kitchen sink are present and maintained in a sanitary, safe working condition.

(e)

In order to provide for the provision of personal sanitation practices, no portable storage container, recreational vehicle, temporary storage container, trailer, or vehicle may be used for more than three days during any calendar month.

(f)

If a residential structure becomes uninhabitable through no action of the homeowner, the homeowner may request permission from the city manager to camp on the property for up to six months while repairs are made. Any request for additional camping periods of time must be requested from the city council.

(g)

Any violation of this section shall result in a fine in an amount of no less than $200.00. Citations for violating this section shall be issued by the Harlem Police Department and shall be prosecuted in the Harlem Municipal Court.

(Ord. No. 2231, 12-19-2022)

Editor's note— Ord. No. 2231, adopted Dec. 19, 2022, set out provisions intended for use as § 108-130. Inasmuch as there were already provisions so designated, said section has been codified herein as § 108-131 at the discretion of the editor.

(a)

This section shall be known as the "Billboards."

(b)

Definitions.

Billboard means a large format sign intended for viewing of advertisements and messages from more than 50 feet and is typically placed at a height greater than ten feet to facilitate viewing. This definition excludes flags on flagpoles, window signs, and wall signs that may be found at this height.

(c)

A billboard shall be recognized for any sign structure, except for a flagpole, which is greater than ten feet in height.

(d)

All billboard exterior construction shall be of brick, textured masonry block, or stucco.

(e)

All billboard locations shall include a landscaped area beneath the billboard display area face equal to the width of the display area face and extending ten feet beyond the front and rear of the display area face. The landscaped area shall include an irrigation system that shall be used to maintain landscape plants.

(f)

A bond/letter of credit made payable to the City of Harlem in an amount equal to the cost of billboard removal shall be secured by the owner of the billboard and maintained through the life of the billboard. Evidence of this maintenance shall be provided to the City of Harlem.

(g)

Billboards may only be located on property with a pre-existing commercial, retail, or industrial use.

(h)

Distances between billboards may be not less than 500 feet.

(Ord. No. 2303, 2-27-2023)

Editor's note— Ord. No. 2303, adopted Feb. 27, 2023, set out provisions intended for use as § 108-131. Inasmuch as there were already provisions so designated, said section has been codified herein as § 108-132 at the discretion of the editor.

The following provisions apply to a "community garden":

(1)

Size. A community garden may not be greater than one acre in size, measured as the area enclosing the garden and all ancillary uses.

(2)

Setbacks. All structures and/or planted crops shall comply with the underlying zoning regulations.

(3)

Accessory structures. No more than three buildings and/or structures are permitted, which may not exceed a combined 200-square feet in floor area.

(4)

Storage and screening. Trash storage areas, mechanical equipment, compost and mulch piles, and similar areas shall be screened so that they are not visible from the street or from adjacent properties.

(5)

Maintenance. A community garden shall be maintained in a manner that provides regular maintenance of all plants, groundcovers and turf; removal of the exposed parts of dead plant material from the property on which a community garden is located, or to on-site compost areas after the harvesting of edible, ornamental, plantable, or otherwise useful materials; and proper maintenance of all structures and parking areas.

(6)

Refuse. Any refuse from the garden shall be disposed of by the owner at their own expense; no refuse shall be placed on the city right-of-way for curbside pickup.

(7)

Parking. The applicant shall demonstrate that sufficient parking spaces and loading spaces will be available or provided for all uses proposed.

(a)

Off-street parking areas may be unpaved or surfaced with gravel or other loose material.

(b)

Off-street parking shall be limited in size to ten percent of the lot area.

(c)

The ingress/egress shall be improved with a dustless surface.

(8)

Operations. The hours of operation shall be developed at the discretion of the governing body and protect neighbors from light, noise, disturbance, or interruption.

a.

The site must be designed and maintained so that water and fertilizer will not drain onto adjacent property.

b.

All seed and fertilizer shall be stored in sealed, rodent-proof containers.

c.

A community garden shall be conducted in such a way that no traffic congestion, noise, glare, odor, smoke, vibration, fire hazards, or otherwise, shall be noticeable at or beyond the property line.

d.

In the event that the owner of the property relies upon any other person, entity, or group to operate the community garden, such operation shall be pursuant to a written agreement that shall be filed with the community development director (attached to any application for conditional use) and shall include, at a minimum, rules and/or regulations concerning the operation of the community garden that will include a requirement that all minors present be supervised by an adult. In the event there is a change in operator of the community garden allowed by conditional use, the owner shall reapply for the conditional use with amended agreement to include the new operator.

e.

Each operator shall designate an agent who has access and authority to assume management of the community garden and shall be a resident of the city.

(9)

The community development director and/or the building official shall inspect the garden before a land use permit is issued.

(Ord. No. 2404, 10-28-2024)