Any lot of record which is legal on the date of the first published notice of the ordinance from which this article is derived, may be used subject to the following exceptions and modifications.

(1)

Use of substandard lots. Where the owner of a lot at the time of the adoption or amendment of the ordinance from which this article is derived does not own sufficient area and width to enable him to conform to the dimensional requirements of this article may be used as a building site for a structure or use permitted in the zone in which it is located; provided the owner has the approval in writing of the county health department, the county building and zoning department.

(2)

Residential use of substandard lots. In addition to subsection (1) of this section, in any residential district, any lot of record existing at the time of adoption or amendment of the ordinance from which this article is derived, which has a width or area less than that required by this article may be used as a building site for a single-family dwelling only. In the case of such a lot, when it is not possible to provide the required side yards and at the same time build a minimum width single-family dwelling, the planning commission is empowered to hear the request for a side yard variance provided there is a ten-foot side yard. If a minimum ten-foot side yard is not possible, then a minimum width for single-family dwelling may be requested.

(Ord. No. 80-100, § 5.1, 1-12-1999)

(a)

Lot area. Hereafter, no lot shall be reduced in size so that lot width, size of yards or lot area per family requirement of this article is altered except when a portion of a lot is acquired for a public purpose.

(b)

Open space. Regulations for open spaces shall be as follows:

(1)

Whenever a lot abuts upon a public alley, one-half of the alley width may be considered as a portion of the required yard.

(2)

Every part of a required yard shall be open to the sky so that projections such as sills, window air conditioning units, chimneys, cornices and ornamental features may not extend into a required yard.

(3)

Other provisions of this article notwithstanding, fences, walls, hedges, driveways and buffer areas may be permitted in any required yard or along the edge of any yard provided that no fence, wall or hedge along the street sides of corner lots shall violate the corner visibility provisions of this article.

(c)

Front yards. Regulations for front yards shall be as follows:

(1)

Where an official line has been established for the future widening or opening of a street or major thoroughfare upon which a lot abuts, the depth of a front or side yard shall be measured from such official line to the nearest line of the building.

(2)

On through lots, the required front yard shall be provided on each street.

(3)

Corner lots shall meet the minimum front yard requirements on the side adjacent to both streets and the remaining yards shall be considered side yard requirements.

(4)

Open, unenclosed porches, platforms or paved terraces, which are not covered by a roof or canopy and do not extend above the level of the first floor of the building, may extend or project into the required setback area if it is six feet or less.

(5)

Within the same block and zoning district, when 25 percent or more of the existing buildings are located within 200 feet on each side of a lot have less than the minimum required setback, the required front setback of such lot should not exceed the average of the existing front setbacks.

(d)

Side yards. Regulations for side yards shall be as follows:

(1)

For the purposes of the side yard regulations, a group of commercial buildings separated by common or party walls shall be considered as one building occupying one lot.

(2)

The minimum width of side yards for schools, libraries, churches and other public or semipublic buildings in residential districts shall be 25 feet. Where a side yard is adjacent to a business or commercial district, then the width of that yard shall be as required for the district in which the building is located.

(e)

Fences and walls. No fence or freestanding wall in a required yard other than a retaining wall shall be more than eight feet in height.

(Ord. No. 80-100, § 5.2, 1-12-1999)

No sign, fence, wall, hedge, planting or other obstruction to vision, extending to a height in excess of three feet above the established street grade, shall be erected, planted or maintained within the area of a corner lot that is included between the lines of the intersecting streets and a straight line connecting them at points 25 feet distant from the intersection of the street lines.

(Ord. No. 80-100, § 5.3, 1-12-1999)

(a)

An accessory structure shall not be permitted in any required front yard, except as specified in subsection (e) of this section.

(b)

No accessory building or structure shall be erected beyond a required yard line along any street.

(c)

Residential accessory uses such as garages, greenhouses or workshops, shall not be rented or occupied for commercial purposes.

(d)

All residential accessory buildings must be located at least ten feet from the principal building.

(e)

Areas in which the accessory storage of a boat, boat trailer or travel trailer is permitted shall not include the required front yard.

(f)

Gasoline station pumps and pump islands where permitted may occupy the required yards; provided that they shall not be less than 15 feet from street lines; canopies, whether attached or detached from the principal building must be at least 14 feet in height and the outermost edge shall be five feet from any property line.

(g)

All nonresidential accessory buildings shall only be used by the owners, employees, lessee or tenants of the premises, and shall meet the setback requirements of the principal building.

(h)

An open or unenclosed swimming pool may occupy a required rear or side yard; provided that the pool is not located closer than six feet to a rear lot line or ten feet to an interior side lot line. A three-foot-wide walk space shall be provided between pool walls and protective fences or barrier walls.

(Ord. No. 80-100, § 5.4, 1-12-1999)

The conduct of business in residential units may be permitted under the provisions of this section. It is the intent of this section to ensure the following:

(1)

Compatibility of home occupations with other uses permitted in residential zoning districts.

(2)

Maintain and preserve the character of residential neighborhoods and provide peace, quiet and domestic tranquility within all residential neighborhoods.

(3)

Within the district, in order to guarantee all residents freedom from excessive noise, traffic, nuisance, fire hazard, and other possible effects of commercial uses being conducted in this district.

(Ord. No. 80-100, § 5.4, 1-12-1999)

Residential home occupations, where permitted, must meet the following special requirements:

(1)

A home occupation is subordinate to the use of a dwelling unit for residential purposes. No more than 25 percent of the floor area of the dwelling unit may be used in connection with a home occupation or for storage purposes in connection with a home occupation.

(2)

No more than one home occupation shall be permitted within a single-dwelling unit.

(3)

A home occupation shall be carried on wholly within the principal use. No home occupation nor any storage of goods, materials, or products connected with a home occupation shall be allowed in accessory buildings or garages which are attached or detached.

(4)

The residential home occupation is limited to employment of residents of the property and not more than one additional person.

(5)

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

(6)

No traffic shall be generated by such home occupations in greater volume than would normally be expected in a residential neighborhood and any need for parking generated by the conduct of such home occupation shall be met by providing off-street space and located in rear or side yard.

(7)

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

(8)

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

(9)

Permitted residential home occupations:

a.

Appliance repair.

b.

Architectural services.

c.

Art studio.

d.

Auto repair (mobile).

e.

Catering/food service (shall meet local environmental health department and Georgia Department of Agriculture applicable requirements).

f.

Ceramics.

g.

Consulting services.

h.

Contracting, masonry, plumbing or painting, other contracting services (no employees at the premises, no parking of equipment at the premises).

i.

Data processing.

j.

Dental technician and laboratory.

k.

Direct sale product distribution (Amway, Avon, Jaffra, Mary Kay, Tupperware, etc.) provided there is no production on premises.

l.

Drafting and graphic services.

m.

Dressmaking, sewing, tailoring, contract sewing (one machine).

n.

Electronic assembly.

o.

Engineering service.

p.

Financial planning or investment services.

q.

Flower arranging.

r.

Home office.

s.

Housecleaning service.

t.

In-home child care, but not more than six children at a time, including the caregiver's own preschool children.

u.

Insurance sales or broker.

v.

Interior design.

w.

Laundry and ironing service.

x.

Locksmith.

y.

Real estate sales, broker or appraiser.

z.

Telephone answering, switchboard call forwarding.

aa.

Tutoring, including all indoor and outdoor instructional services limited to two students at a time.

bb.

Writing, resume services, computer programming.

(10)

Prohibited residential home occupations:

a.

Ambulance service.

b.

Restaurants, food preparation.

c.

Automobile repair, parts sales, upholstery, or detailing, washing services.

d.

Veterinary services (including care, grooming and boarding).

(Ord. No. 80-100, § 5.5, 1-12-1999; Ord. of 12-27-2016(1))

(a)

Intent. Rural home occupations in the agricultural and rural development districts shall be permitted under the provisions of this section. It is the intent of the section to ensure the compatibility of rural home occupations with other uses permitted in the agricultural (A-1) and rural development (RD) districts, as defined in article III of this chapter; maintain and preserve the agricultural or rural character of the area and not create a nuisance for residents in the area by exceeding traffic, smoke, noise or be a fire hazard.

(b)

Purpose. The purpose of rural home occupations is to provide a means for residents in the larger lot agricultural and rural development districts to participate in the type of businesses permitted in residential districts, be able to conduct the home occupation in an accessory building where necessary, and to park, on-site, vehicles required for home occupations. Rural home occupations, where permitted, must meet the following special requirements:

(1)

The minimum lot size is two acres. For lots less than two acres, the home occupation is limited to the provisions of section 46-36.

(2)

The rural home occupation shall be clearly subordinate to the principal use of the parcel and shall not change the residential and agricultural character of the area. No more than 25 percent of the floor area of the principal dwelling shall be used in connection with the home occupation or storage purposes.

(3)

The rural home occupation shall be conducted within a dwelling or within an accessory building provided all structure uses are harmonious in appearance with the zoning district in which rural home occupation is located.

(4)

One accessory building not exceeding 1,000 square feet may be used in connection with the rural home occupation.

(5)

The business of selling stocks of merchandise, supplies or products shall not be conducted on premises except under the following circumstances:

a.

Orders previously made by telephone or at sales parties may be filled on premises; and

b.

Incidental retail sales may be in connection with the permitted home occupation.

(6)

The existence of the rural home occupation shall not be apparent outside the dwelling or accessory building in which the rural home occupation is conducted, except that one display sign limited to nine square feet of sign area shall be permitted. The display sign added to all other signs on the parcel shall not exceed the maximum signage allowed in the district.

(7)

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

(8)

The rural home occupation is limited to residents or the property and not more than two additional persons.

(9)

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

(10)

Permitted rural home occupations:

a.

All occupations permitted in section 46-36(9).

b.

Appliance repair.

c.

Auto repair.

d.

Barbershops/beauty shops (limited to two stations).

e.

Cabinetmaking.

f.

Ceramics.

g.

Contracting, masonry, plumbing or painting.

h.

Tow truck services.

i.

Upholstery.

j.

Veterinary services.

k.

Antique shop.

l.

Small scale garden plants for sell to retail commercial gardening and supply stores.

(Ord. No. 80-100, § 5.6, 1-12-1999)

(a)

Farm occupations may involve any one of a wide range of uses, so long as the use is compatible with the primary agricultural use of the land. The applicant shall demonstrate to the planning commission the farm-based business is compatible with the rural setting and shall not create nuisances for nearby residents.

(b)

No more than the equivalent of two fulltime nonresident employees of the farm parcel shall be employed by the farm-based business. However, the number of employees may be increased if it is believed the proposed use is able to sustain increased employees and retain the agricultural character of the area.

(c)

No more than 2,000 square feet of gross floor area shall be occupied by the farm-based business.

(d)

No more than one acre shall be devoted to the farm-based business including the structure, parking, storage, and driveway (if separate from the primary residence driveway).

(e)

Where practical, farm-based businesses shall be conducted within an existing building located on the farm parcel. However, any building constructed for use by the farm-based business shall be:

(1)

Located behind a residence; or

(2)

Setback a minimum of 100 feet from any public street right-of-way and be located within 200 feet of the primary residence.

(f)

Any building constructed for the use of the farm-based business shall be of a nature that it can be converted to agricultural use or removed from the property if the farm-based business is discontinued. The structure shall blend with surrounding agricultural setting.

(g)

A site development sketch shall be submitted by the applicant for approval by the planning and zoning department and codes enforcement officer. The sketch shall show the location of any building, distance from property lines, parking and location of signage.

(h)

No farm-based business shall be located within 100 feet of any adjoining side or rear property line nor within 100 feet of any adjacent residential zoning district. Such distances shall be measured as a straight line between the closest points of any structure or any other physical improvement of the farm-based business and the adjoining property line.

(i)

Any outdoor storage of supplies, materials or products shall be in an area least visible to the public, stored in an orderly fashion and adjacent to the building in which the farm-based business is located. Such outdoor storage shall be screened from adjoining roads and properties in accordance with the buffers specified in article VIII of this chapter.

(j)

An on-premises, freestanding sign is permitted for the farm-based business and shall be in accordance with article XII of this chapter.

(k)

The county planning commission may also require such other reasonable conditions as deemed appropriate.

(l)

Permitted farm-based businesses:

(1)

All uses listed in sections 46-36(9) and 46-37(10).

(2)

Farm equipment sales and service.

(3)

Greenhouse or nursery sales.

(4)

Flea market

(5)

Livestock sales or auction facility.

(6)

Pet and dog grooming.

(7)

Produce stand.

(Ord. No. 80-100, § 5.7, 1-12-1999)

(a)

Perpetuation of family homestead in rural areas. In order to perpetuate the family homestead in rural areas, each parcel in single ownership may be subdivided for use solely as a homestead by an individual who is the grandparent, parent, stepparent, adopted parent, sibling, child, stepchild, adopted child or grandchild of the person who conveyed the parcel to said individual, at a density not to exceed one unit per acre. This provision supersedes other land use district density requirements, except that it may not be used within a platted subdivision.

(b)

Criteria to be met to qualify. In order to qualify for the use of family homestead the following criteria shall be met:

(1)

The property being transferred must be used as the primary residence of the grantee.

(2)

The deed for transferred property must state the relationship of the grantee to the grantor.

(3)

Transferred property may be either designated or deeded in the heirs (grantee) name or jointly deeded in the grantor/grantee names. The transferred property may not be deeded solely in the grantor name.

(4)

This special density provision may be utilized on only one occasion per eligible individual grantee. The grantor may exercise this special density provision for other eligible individual grantees, so long as the maximum allowable density for the property transferred from the original parcel can be met.

(5)

An individual wishing to obtain a manufactured home or conventional building permit under these special density provisions shall make application to the county building and zoning department. Upon verification of the eligibility of the applicant, a permit may be issued.

(6)

Should the transferred property be subsequently sold or otherwise transferred to another party, including nonfamily party, these special density provisions shall remain.

(Ord. No. 80-100, § 5.8, 1-12-1999)

A manufactured home which meets type III appearance standards may be parked and occupied as a residence in a residential area where a medical hardship exists after application of a special use and approval of same from the county commission.

(1)

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:

Medical hardship means a health or mental condition necessitating attention and supervision from the occupants of either the primary dwelling or the manufactured home.

(2)

Occupants. Occupants of the primary dwelling shall provide proof to the zoning administrator that a secondary detached dwelling unit is necessary for the physical care and well-being of the infirm person (doctor or medical facility affidavit, nursing home recommendation, etc.) The occupants of the primary dwelling shall also provide approval by the county health department of proper sewer and water facilities. Before any permit shall be issued the applicant must show and state in signed affidavit that the primary dwelling located on the lot does not contain sufficient facilities to accommodate the proposed occupant of the secondary detached dwelling, that present facilities in the primary dwelling are inadequate, and that the occupant of the secondary detached dwelling is a member of the immediate family of the occupant of the primary dwelling.

(3)

Permit expiration. Once the state of medical hardship is removed, the land use permit for manufactured homes shall expire and the manufactured home shall be removed in a timely manner, but in no case longer than six months.

(4)

Manufactured home secondary detached dwelling permit. A manufactured home permit that is issued under this section shall expire 12 months from the date it is granted. A renewal of the permit must meet all requirements of a new application, however, no advertisement or posting of a sign shall be required. However, this manufactured home shall not be used for any other purpose than to provide assistance in the case of medical hardship. This manufactured home shall not be used for storage, commercial, home occupation or rented for economic gain by the homeowner.

(5)

Site-built secondary detached dwelling permit. A site-built dwelling may be used as a secondary detached dwelling. It shall be no smaller than the requirements for an efficiency apartment as stated in article IV, table 46-48 and shall require a permit issued from the building and zoning department. This secondary detached dwelling shall be used for no other purpose than to provide assistance in the case of medical hardship. The site-built dwelling shall be treated the same as a manufactured home used for the same purpose except commercial, home occupation and rental use of the site-built secondary detached dwelling, after the medical hardship is no longer necessary, shall be a special use and shall be allowed only upon approval of the county commissioners.

(Ord. No. 80-100, § 5.9, 1-12-1999)

All proposed cemeteries whether public, private or in conjunction with a religious institution shall not be located in a floodplain area as delineated by FIRM maps for the county.

(Ord. No. 80-100, § 5.10, 1-12-1999)

To ensure the health, safety and welfare of the citizens of the county the following regulations shall be established for the maintenance of property in the county:

(1)

Nonfunctioning appliances shall be stored in an enclosed accessory or principal building. Any nonfunctioning appliances such as refrigerators, freezers, stoves, etc., shall have doors removed prior to storage.

(2)

Any major auto repairs such as building motors, transmissions or heavy bodywork shall be done in an enclosed accessory building or on a section of property nor visible from the public street.

(3)

Nonlicensed and/or inoperable vehicles shall be stored in an enclosed accessory building. No more than three nonlicensed and/or nondrivable vehicles shall be stored on property unless application for a junkyard has been issued by the county building and zoning department.

(4)

Yard sales shall last for a specified duration only. There shall not be any continuous yard sales in the county. Storing of yard sale items shall be in an enclosed accessory or principal building and shall not be on display in any yard except during the hours of the yard sales. Yard sales may last eight hours a day no more than three days a week at the same residence.

(5)

No abandoned mobile or manufactured homes shall be used as a storage or accessory building. Abandoned mobile/manufactured homes shall be removed from property at owner's expense and upon notification by the codes enforcement officer that the said mobile/manufactured home is abandoned and is causing a health or safety hazard to surrounding property owners.

(Ord. No. 80-100, § 5.11, 1-12-1999)

To ensure the safety, health and welfare of the citizens of the county the following shall state the regulations necessary for junkyards, junk businesses and salvage operations:

(1)

The minimum lot area for a junkyard, junk business or salvage operation shall be ten acres.

(2)

All junkyards, junk businesses or salvage operations shall be buffered in accordance with article VIII of this chapter, table 46-218 and approved by the state.

(Ord. No. 80-100, § 5.12, 1-12-1999)

Certain amusement uses are allowed as a special use in the general commercial (GC) zone and industrial (I) zone where additional conditions are placed on the use to promote and protect a suitable environment for those retail commercial uses which provide amusement for the public and/or have bright lights and noise.

(a)

Dimensional requirements.

Required minimum lot size, yard setbacks, height limitations shall be:

Minimum lot area: Two acres.

Minimum lot width at setback line: 300 feet.

Front yard from arterial and collector/local street: 100 feet.

Side yard: 75 feet.

Rear yard: 20 feet.

Maximum building height: 30 feet.

The board of commissioners may impose greater restrictions than specified herein to protect the quiet enjoyment of adjoining landowners based on intensity of the use. Additional buffers based on noise level are permitted. The board of commissioners may also impose noise level restrictions at the property line.

(b)

Conditions of use. In addition to any other conditions placed on the property by the board of commissioners in granting an amusement use, the following conditions shall apply to the permitted uses of this district:

(1)

Lighting shall be established in such a way that adjacent properties and roadways are not adversely affected, and that no direct light is cast upon adjacent properties and roadways.

(2)

All activities shall not be located closer than 300 feet from any residential zoning district.

(3)

An opaque wall or fence may be required in those instances where the planning director deems necessary to mitigate adverse impacts on adjoining properties and/or to reduce visual impacts from adjoining roadways. Walls or fences shall be ornamental or decorative and constructed of brick, stone, stucco, or treated wood of at least six feet in height or as specified by the planning director. A landscaped earth berm may be allowed in place of a fence or wall.

(4)

Where applicable, all State of Georgia codes, rules and regulations shall apply. Verification that state requirements are met shall accompany the application for business certificate.

(5)

Any structure, ride, etc. erected in connection with an outdoor amusement activity, over 35 feet in height, must be dismantled upon the closing of the business or activity in question.

(6)

Any structure, ride, etc. over 35 feet in height or with elements over 35 feet in height, must be surrounded by a six-foot-high fence with a locked gate, when the facility is not in use. A four-inch sphere shall not be able to pass through any section of the fence or gate.

(7)

All structural and support parts of the facility shall be contained within the boundaries of the parcel.

(8)

The structure shall be designed to fall entirely within the boundaries of the site should structural failure occur.

(9)

Required parking, loading and other supplemental regulations applicable to this district are set forth in article XI.

(Ord. of 5-26-2015(1), § 1)

(a)

Purpose. In the basic recognition of the unique nature of certain activities, the intent of this section is to minimize the impact of special events, festivals and other tourism activities, to establish a fair and efficient process for review and approval of applications, to assure an integrated and comprehensive review of the impact of the proposed activity. Since special events, festivals and tourism activities may be located in areas not traditionally considered appropriate for commercial activity, a case-by-case review is necessary to assure that they are only allowed under such conditions and at such locations that they will pose no threat to the health, safety, and general welfare of the citizens of the county.

(b)

Applicability.

(1)

This section shall apply to special events, festivals, or tourism activities (as described in item (2) below) which occur on private property.

(2)

Specific uses regulated under this section include the following:

a.

Artist retreats;

b.

Bed and breakfast lodging;

c.

Banquet, catering, and reception halls;

d.

Facility tours;

e.

Gift shops as an accessory to other uses on this list;

f.

Historic reenactments;

g.

Museums;

h.

Tea rooms;

i.

Weddings; and

j.

Similar uses, as determined by the planning director.

(3)

This section shall not govern private gatherings, parties, or other similar type entertainments hosted by a property owner in their own residential building, structure or land for the enjoyment and benefit of the owner or current resident, without compensation, and otherwise permitted under the county's ordinances.

(4)

This section shall not govern church events when located on property with a conditional use permit for a church (or on property with a legal nonconforming church use); however, all other relevant sections of the Heard County zoning and development ordinance shall still apply.

(5)

This section shall not prohibit the establishment or continuance of normal residential use of the property, where otherwise permitted by the Heard County zoning and development ordinance and other laws governing such use.

(c)

Special use permit required.

(1)

Any applicant desiring to establish a special event, festival, or tourism activity must file an application for a special use permit and a plan for such proposed use with the planning department, in accordance with the procedures for rezoning contained in section 46-434 of the Heard County zoning and development ordinance. The specific use and any related activity anticipated by the applicant must be delineated within the request, and approval shall be limited to the uses and activities as detailed. After due public hearing and notice thereof, the board of commissioners shall approve or disapprove each such proposed use in accordance with this section, the criteria set out for zoning in general as described under section 46-434, as well as the following additional review factors:

a.

Whether or not quiet enjoyment of surrounding property will be adversely affected by the applicant's specified activities (including the intensity, frequency, and duration of those activities);

b.

Whether or not adequate provisions are made for waste disposal, parking, traffic, and security;

c.

Whether or not the intensity of the use is appropriate in light of the surrounding land uses and the nature of the property; and

d.

Whether the times and hours of operation will adversely affect the use of the adjoining properties.

(2)

Revocation. If at any time after a special use permit has been issued, the planning official finds that the conditions imposed and the agreements made have not been or are not being fulfilled by the holder of the special use permit, the permit shall be cancelled; and the operation of such use must be discontinued.

(d)

Infrastructure.

(1)

The property shall be served by public highways and streets adequate to serve the traffic created by the use, and entrances to the property shall not create a traffic hazard.

(2)

The property shall be served by adequate public safety, refuse disposal, sewerage disposal, and on-site security.

(e)

Design standards.

(1)

A traffic analysis may be required, as determined by the director of the development and engineering department.

(2)

The design of the facilities and grounds shall meet all requirements of the Heard County fire department, as well as all applicable state and federal regulations.

(3)

During the special use permit review, the intensity of the proposed use, and the potential impact on the surrounding neighborhood, including the aesthetic impact of strict enforcement of the development standards, shall be considered. This consideration shall in turn govern the applicability of the following development standards, which, unless noted as a requirement of the special use permit, shall be waived:

a.

Paved drives.

b.

Paved parking areas.

c.

Building design criteria.

d.

Landscaping requirements.

(4)

A pre-development site plan and an as-built site plan shall be required.

(5)

Buffers, when deemed necessary, shall be established and screening requirements, of the required buffer areas shall be established during the special use permit process. In determining buffer requirements, consideration, at minimum, shall be given to the following:

a.

Location of proposed activities within the site;

b.

Proximity to adjacent residential land uses; and

c.

Noise and light expected to be generated by the proposed use.

(f)

Operational standards.

(1)

Alcohol shall be not permitted.

(2)

Restroom facilities, both temporary and permanent, shall meet the requirements of the environmental health department.

(3)

Lighting, temporary or permanent, shall be established in such a manner that adjacent properties are not adversely affected, and that no direct light is cast upon adjacent properties or roadways.

(4)

No use permitted under this section shall exceed a noise level of 45 dBa, as measured at the property line; however, the decibel level may be otherwise set, based upon the uniqueness of the property or application specifics, through conditions attached to the special use permit by the board of commissioners.

(5)

Refuse collection. Adequate refuse collection containers and services shall be provided for large events, such as, but not limited to, concerts, festivals, rallies, weddings and wedding receptions.

(Ord. of 12-27-2016(4), § 1)

Editor's note— An ordinance adopted Dec. 27, 2016, § 1, set out provisions intended for use as § 46-44. Inasmuch as there were provisions already so designated, and at the editor's discretion, these provisions have been included as § 46-45.