There are hereby established two overlay district as described in the following sections of this article. The overlay districts are intended to apply additional regulations and standards to supplement the underlying zoning districts when the location and proposed land uses require such regulation to promote the public interest. Overlay districts apply to all land, structures, and land uses that either:

(1)

Fall within the boundaries of the overlay zone shown on the official zoning maps; or

(2)

Meet the criteria defined in this chapter.

(Ord. of 7-20-2009, § 56)

(a)

The purpose of the S-2 district is to protect watersheds, which are vital to public water supplies and therefore have a unique environmental importance to the county; to prevent development from contaminating water sources to a point where they cannot be treated to meet drinking water standards. The S-2 district is intended to maintain a high level of quality for all surface water (rivers, creeks, streams, and springs) and underground water, and to help assure that a high quality of water is maintained in the future. The district is intended to provide for certain permitted uses, and to protect the area from the polluting effects of more intense development and from encroachments of those uses that are not compatible with a protected watershed.

(b)

The S-2 watershed protection overlay zone applies additional standards to defined watershed areas that may lie within any other zoning district. In each zoning district located within the boundaries of the S-2 district, both the regulations of that underlying district and the regulations of the S-2 overlay district apply. However, the more restrictive standard shall govern.

(Ord. of 7-20-2009, § 57)

Areas that lie within watersheds, which are vital to area public water supplies and have a unique environmental importance to the county are included within the S-2 district. S-2 districts and their boundaries are delineated on the "S-2 Sensitive Land — Watershed Protection Map," which is made a part of this chapter by reference.

(Ord. of 7-20-2009, § 58)

(a)

Each zoning district of this chapter specifies a list of permitted principal uses, and accessory uses. That list of permitted uses given for each primary zoning district must be adhered to on land to which the S-2 overlay district is also applied. However, the list of prohibited uses given in subsection (b) of this section applies to all S-2 land, regardless in which primary zoning district it lies.

(b)

Prohibited uses. The following uses are specifically prohibited within the S-2 district:

(1)

Sewage treatment facility.

(2)

Commercial business, which causes, sells, stores, or maintains any toxic chemicals, toxic wastes, or toxic products.

(3)

Agricultural activity that does not strictly comply with Georgia Pesticide Act of 1976, Georgia Pesticide Use and Application Act of 1976, and Georgia Laws. 1982, House Bill 1780 (O.C.G.A. § 2-1-4).

(4)

Industry, business or facility which uses, makes or creates as a product or byproduct any toxic wastes, heavy materials, grease, animal fat, or organic loading.

(5)

Dumping, discharging, releasing, spraying, distributing any toxic or other harmful products onto the land, into the atmosphere, or in a stream or body of water.

(6)

Livestock feedlots.

(Ord. of 7-20-2009, § 59)

(a)

The S-2 overlay district applies additional standards to specific areas that may lie within any zoning district. If required development standards are specified for the same item in both district regulations, the more stringent standard governs.

(b)

The developer/owner must comply with the county soil erosion and sedimentation control ordinance set forth in chapter 113, as well as any other applicable development regulations.

(c)

Any setback measurements stated in this section are measured from and are used only on the side abutting the outer edge of any river, creek, stream, spring, or body of water that is located with the S-2 district—or the outer property line of any property owned, operated, managed, or maintained by any government agency in the county as an existing reservoir or designated by a government agency in the county as a future reservoir.

(d)

For any property located within 1,000 feet of any property owned, managed, maintained, or operated by any government in the county as a reservoir or designated by a government agency in the county as a future reservoir, the following development standards are required:

(e)

For other properties located within the S-2 district, but not located within 1,000 feet of any property owned, managed, maintained, or operated by any government in the county as an existing reservoir or designated by a government agency in the county as a future reservoir, the following development standards are required:

(f)

No principal or accessory buildings may be constructed any lower than the maximum flood elevation for a distance of one mile downstream from any existing or designated planned reservoir dam.

(g)

Should the owner of a lot, parcel or tract of land included in the S-2 district propose to subdivide any portion of such property, the owner or his authorized agent must submit to the director of planning a plat or drawing to scale showing the exact location of any surface water that is located on or within 250 feet of the subject property prior to a request for rezoning or for any permit.

(h)

Variances may be considered by the board of appeals as to lot sizes and yards provided that sewage generated by the facility located on the property is serviced by an approved public sewage facility. However, variances may not be made as to any residential, commercial, agricultural, or industrial facilities which use, make, or create as a product or a by-product any toxic substance or waste.

(i)

All other yard requirements of the primary zoning district in which a specific parcel of property lies must be complied with where they are either more restrictive than or not addressed by S-2 development standards.

(Ord. of 7-20-2009, § 60)