(a)

Intent. McDuffie County recognizes that, as the county continues to grow and prosper, the need for and marketability of regional shopping centers designed to serve the retail shopping needs of a regional population (within and beyond McDuffie County) will increase. However, the county also recognizes that such facilities, by virtue of their size and nature, can generate significant impacts on established commercial centers, local growth rates and the distribution of growth in the county, traffic patterns and congestion, public facilities, and sensitive natural resources. Many of the impacts generated by regional shopping centers can be positive, negative, or both. McDuffie County seeks to minimize the negative impacts and maximize the positive impacts by developing standards to manage the county's transition to a regional commercial center in a way that is compatible with the community's ability to absorb the impacts, while not impeding the inevitability of that trend. To implement this impact management scheme, McDuffie County has created special standards to place general guidelines on the design and potential location of regional shopping centers. These guidelines are designed to prevent excess development speculation and competition for the development of regional shopping centers, which could result in market saturation, destabilization of established commercial centers or areas, rapid fluctuations in local property values, and excessive demand on existing public facilities.

(b)

Required conditions. A regional shopping center is a use permitted by special exception in the C-2 General Commercial District, and in the T-1 Interstate Village District. An applicant shall request an amendment to the zoning map for the appropriate district designation for a property that satisfies the following requirements. The planning commission and board of commissioners shall consider these requirements in addition to the criteria listed in article I, section 44-3 when evaluating a request for an amendment to the zoning map to apply the special exception in the appropriate district.

(1)

The lot should be designated on the future land use map for commercial use.

(2)

The lot must be at least 30 acres in size and must contain an additional 3,750 square feet of land area for each proposed additional 1,000 square feet of net floor area over and above the first 350,000 net square feet. At least 80 percent of the proposed lot gross land area shall consist of developable land area.

(3)

The lot must have at least 300 feet of frontage on any arterial highway or a major collector highway.

(4)

The lot must have direct access to public water and sewer.

(5)

The neighboring areas within 0.5 mile of the lot should be characterized primarily by established high volume vehicular traffic commercial land uses that would be complementary to a regional shopping center. Such commercial uses include, but are not limited to, supermarkets, gas stations, automobile repair shops, movie cinemas, restaurants, department stores, hardware or building supply stores, and banks.

(6)

No portion of a lot approved for development of a regional shopping center shall be located within the boundaries of the Usry Pond Watershed Overlay District.

(c)

Application and review procedures. Once the board of commissioners has approved an amendment to the zoning map to apply the regional shopping center special exception to a lot, the owner or his/her duly authorized agent shall submit a development application for approval by the planning commission. The application must be approved by the planning commission within one year of the date of approval of the amendment to the zoning map by the board of commissioners or the planning commission may initiate further rezoning of the regional shopping center property.

(d)

Special development standards. The following special development standards shall apply to all proposed regional shopping centers in addition to the applicable requirements of the general zoning district and overlay zone(s).

(1)

All areas of the proposed development site that do not satisfy the definition of developable land area shall be designated as "open space," which must be retained and maintained in a natural vegetated state. The planning commission may allow the applicant to improve a portion of the designated open space to provide a park or passive recreational uses, such as a walking trail, garden area, or fenced playground, provided the proposed improvements satisfy the following requirements:

a.

The proposed recreational improvements will not affect more than 50 percent of the designated open space areas;

b.

No improvements will be made to lands that are classified as wetlands without written approval from the U.S. Army Corps of Engineers; and

c.

Public use of the improved recreational areas will not cause undue environmental stress on the remaining open space areas.

(2)

The development will contain adequate stormwater management facilities to comply with the McDuffie County Stormwater Ordinance. The planning commission may request technical assistance in evaluating the applicant's proposed measures to comply with this requirement. Any costs associated with this evaluation assistance shall be paid by the applicant. All drainage improvements shall tie into any available drainageways along the adjoining public streets.

(3)

The development shall have at least two entrances from a public street that are at least 200 feet apart (as measured from accessway centerline to accessway centerline along the intersecting street line). The planning commission may require additional accessways not to exceed two as it deems necessary to accommodate safe entrance, egress, and emergency access to the development.

(4)

A 100-foot wide vegetative buffer shall be provided along all property lines that adjoin an existing residential or agricultural lot.

(Ord. of 3-23-99, Art. VI, § 1)

(a)

Intent. In order to provide manufactured home park developers with maximum siting flexibility and to provide the county with reasonable latitude to ensure consistency of a proposed manufactured home park with the spirit and intent of this chapter, McDuffie County has created conditions for a special exception in the R-3 General Zoning District in order to place general guidelines on the design and potential location of manufactured home parks.

(b)

Application and review procedures. Manufactured home parks is a use permitted by special exception only in an R-3 High Density Residential Zoning District. The developer or his authorized representative shall first present to the development code administrator for review a preliminary park design. At such time as the development code administrator shall approve the preliminary design, a preliminary plat shall then be forwarded to the planning commission (board) for its review. In addition to its review of the plat, the planning commission (board) shall convene a hearing as prescribed by this chapter to consider the applicant's request for a change in zoning. The results of the plat review and request for a zoning change shall thereafter be forwarded to the board of commissioners for final consideration. In reviewing the preliminary design and plat the development code administrator and the planning commission (board) shall consider any mitigating factors, and, any development criteria including, but not limited to, the following:

(1)

The minimum lot area for a manufactured home park shall be ten acres, but not more than 100 acres, at least 80 percent of which shall consist of developable land area.

(2)

The proposed park entrance shall have frontage along a collector or arterial street that satisfies the following minimum requirements:

a.

Fifty feet for any park that contains less than 15 acres;

b.

One hundred feet for any park that contains at least 15 acres, but less than 25 acres;

c.

One hundred fifty feet for any park that contains at least 25 acres, but less than 50 acres; and

d.

Two hundred feet for any park that contains at least 50 acres.

(3)

All parks shall have a 50-foot street recessed buffer and a 30-foot side and rear buffer. Buffers shall consist of natural vegetation or, if specified by the planning commission, the installation of landscaped vegetation to obscure the park from all park entrances and neighboring uses.

(4)

Manufactured homes class A, B and C (by definition) are permitted. Campers and RV's are permitted.

(5)

The lot should be designated on the future land use map for residential use.

(6)

No portion of the lot, or a park entrance may be located within the boundaries of the Flood Hazard Overlay District or the Usry Pond Watershed Overlay District.

(7)

Manufactured home park lots shall have access from interior park streets only.

(c)

Special development standards. The following special development standards shall also apply to all proposed manufactured home parks in addition to the applicable requirements of the general zoning district and overlay zone(s).

(1)

The minimum size of a manufactured home space or lot shall be 6,000 square feet with a minimum width of 60.

(2)

The minimum front setback shall be 70 feet from the centerline of the street. The minimum side and rear yard depth shall be ten feet from the lot line or bay boundary.

(3)

Each manufactured home shall comply with O.C.G.A. § 8-2-160 et seq. with regard to the siting and installation of manufactured homes. The use of solid paver footer blocks may be permitted in lieu of poured footers.

(4)

Each manufactured home shall be skirted with masonry or vinyl (only) around the base to obscure views of the pad and supports.

(5)

No manufactured home shall be admitted to any manufactured home park until at least ten lots or spaces have been improved for occupancy in accordance with this chapter.

(6)

Convenience establishments of a commercial nature, including stores, laundry and dry cleaning establishments and pick-up laundry and dry cleaning agencies, and beauty shops and barber shops may be permitted in manufactured home parks provided that such establishments and the parking areas primarily related to their operations:

a.

Shall not occupy more than ten percent of the area of the park;

b.

Shall be subordinate to the residential use and character of the park;

c.

Shall be located entirely within the boundary of the park;

d.

Shall present no visible evidence of their commercial character from outside the park.

(7)

All entrance and interior park streets shall be privately owned and maintained by the owner, developer, or manager with said streets being provided on the site where necessary to furnish principal trafficways for convenient access to all manufactured home spaces or lots and other important facilities on the property. All common land and facilities within a manufactured home park shall have adequate public access to all manufactured home spaces or stands.

(8)

The street system shall be designed to recognize existing easements, utility lines, and other dedicated lands which are to be preserved; and to permit connection to existing facilities where necessary for the proper functioning of the drainage and utility systems.

(9)

The street system should provide convenient circulation by means of minor streets and properly located major streets. Closed ends of dead-end streets should be provided with an adequate paved vehicular turning circle at least 80 feet in diameter. Parks consisting of more than 50 manufactured home spaces or lots shall provide at least two entrances from a public street which are separated by a distance of at least 200 feet from centerline to centerline as measured along the centerline of the intersecting public street.

(10)

All points of entrance to or exit from the park shall be located no closer than 200 feet from any intersection of two public streets or roads as measured from centerline-to-centerline along the appropriate road centerline.

(11)

All proposed streets within a manufactured home park shall comply with the standards in article VII, section 44-137 of this chapter.

(12)

All blocks created within a manufactured home park shall comply with the standards in article VII, section 44-138 of this chapter.

(13)

Each manufactured home park shall provide open spaces not occupied by any dwellings equal to at least ten percent of the total park lot area. The required open space may be used to create a single recreation area for residents of the park or integrated into the park design to create an internal green belt separating clusters of manufactured home spaces. The open space areas should be appropriately landscaped or improved to allow passive recreational uses, such as jogging, picnicking, and other forms of outdoor exercise. The required open space also may be used to increase privacy between clusters of manufactured home spaces within the park. At least fifty percent of all required open space lands must consist of developable land area.

(14)

All designated spaces or individual dwelling units in manufactured home parks shall adhere to the parking requirements in article V, section 44-85.

(Ord. of 3-23-99, Art. VI, § 2)

Cross reference— Manufactured homes and trailers, ch. 46.

(a)

Home occupations. A home occupation may consist of any accessory business use that fully complies with all of the standards contained in this section. No home occupation shall be allowed in any multifamily dwelling. No home occupation will be allowed which is illegal by county, state, or federal statute.

(1)

The home occupation must be owned and operated by the owner of the dwelling within which the home occupation is to be located, or the business owner must have written approval of the owner of the dwelling, if the applicant is a tenant.

(2)

The home occupation shall be operated only by the members of the family residing in the principal dwelling.

(3)

All business operations, activities, and transactions associated with the home occupation shall be conducted entirely within the dwelling unit. No business operations, activities, or transactions shall be conducted in any portion of the dwelling not approved for home occupation use by the county.

(4)

The home occupation shall not occupy more than 25 percent of the dwelling unit floor area or a maximum of 750 square feet for dwelling units of 3,000 square feet or more.

(5)

The home occupation shall not cause or result in any change in the outside appearance and residential character of the dwelling unit.

(6)

No home occupation in McDuffie County shall require the use of more than one vehicle for exclusive use of the business. Any vehicle used for a home occupation that has a trademark, business advertisement, or other device that represents the business use attached to its surface shall be stored in a garage or in a location on the property that will not be visible from neighboring properties or the street.

(7)

The home occupation shall not involve the use of or result in the production of any hazardous materials or hazardous waste.

(8)

The home occupation shall not generate any business traffic (either by the business operators or business customers) between the hours of 8:00 p.m. and 6:00 a.m.

(9)

The home occupation shall not produce any vibrations, noises, odors, smoke, glare, electrical disturbance, radioactivity or other conditions that will be a nuisance to the surrounding area.

(10)

All equipment, materials, and products of the home occupation, shall be safely and securely stored inside the dwelling unit at all times.

(11)

The home occupation and dwelling unit shall comply with all applicable building and fire codes. Home occupations will not be permitted in any dwelling unit in which the primary residential use does not fully comply with the applicable zoning requirements for the general zoning district within which it is located.

(12)

No business signs or advertisements greater than nine square feet shall be placed on the premises in conjunction with any home occupation. Sign placement on structures other than sign posts is prohibited.

(b)

Cottage industries. A cottage industry may consist of any accessory business use (except solid waste facilities, junk or scrap metal shops, automobile repair shops or garages, or food processing/packing operations) that fully complies with all of the standards contained in this section. Cottage industries may be permitted only within the R-1 Low Density Residential Zoning District.

(1)

The cottage industry must be owned and operated by the owner of the property upon which the cottage industry is to be located, or the business owner must have written approval of the owner of the property, if the applicant is a tenant.

(2)

The cottage industry shall be operated only by the members of the family residing in the principal dwelling located on the lot upon which the cottage industry will be located.

(3)

All business operations, activities, and transactions associated with the cottage industry shall be conducted entirely within the primary dwelling unit and/or in an accessory building located on the same lot. No business operations, activities, or transactions shall be conducted in any portion of the lot not approved for cottage industry use by the county.

(4)

The cottage industry shall not occupy a total area greater than 50 percent of the total dwelling unit floor area or 1,000 square feet, whichever is less.

(5)

No activities associated with a cottage industry, including materials storage, shall be located or conducted within 50 feet of an adjoining property line. No cottage industry shall be permitted on a lot smaller than three acres in area.

(6)

The cottage industry shall not cause or result in any change in the outside appearance or character of any structure on the lot.

(7)

No cottage industry in McDuffie County shall require the use of more than one vehicle for exclusive use of the business. Any vehicle used for a cottage industry that has a trademark, business advertisement, or other device that represents the business use attached to its surface shall be stored in a garage or in a location on the property that will not be visible from neighboring properties or the street.

(8)

The cottage industry shall not involve the use of or result in the production of any hazardous materials or hazardous waste.

(9)

The cottage industry shall not generate any business traffic (either by the business operators or business customers) between the hours of 8:00 p.m. and 6:00 a.m.

(10)

The cottage industry shall not produce any vibrations, noises, or odors that may be discernible by the average person beyond the boundaries of the lot.

(11)

All equipment, materials, and products of the cottage industry shall be safely stored inside a secured structure on the lot.

(12)

The cottage industry shall not generate smoke, glare, vibrations, electrical disturbance, or radioactivity or other conditions that will be a nuisance to the surrounding area.

(13)

The cottage industry and dwelling unit shall comply with all applicable building and fire codes. Cottage industries will not be permitted in any structure which does not fully comply with all applicable zoning requirements for the general zoning district or overlay zone(s) within which it is located.

(14)

No business signs or advertisements greater than nine square feet shall be placed on the premises in conjunction with any cottage industry.

(c)

Expiration. A home occupation or cottage industry shall be considered expired under the following conditions:

(1)

Whenever the applicant ceases to occupy the lot for which the home occupation or cottage industry was issued, no subsequent occupant of such premises shall engage in any home occupation or cottage industry until a new application for the new cottage industry has been reviewed by the planning commission.

(2)

Whenever the home occupation or cottage industry ceases operation of the business use for any period of 90 consecutive days.

(d)

Yard or garage sales. Yard sales shall be allowed on a residential lot or parcel for not more than two sales not to exceed two days each during a 12-month period. Such activities shall not be classified as a home occupation or cottage industry.

(Ord. of 3-23-99, Art. VI, § 3)

(a)

Applicability.

(1)

District height limitations. The requirements set forth in this chapter shall govern the location of towers that exceed, and antennas that are installed at a height in excess of, the height limitations specified for each zoning district. The height limitations applicable to buildings and structures shall not apply to towers and antennas.

(2)

Public property. Antennas and towers located on publicly owned property shall be exempt from the requirements of this section, provided a license or lease authorizing such antenna to tower has been approved by the governing authority.

(3)

Amateur radio; receive only antennas. This section shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only antennas.

(4)

Grandfathered towers and antennas. Any tower or antenna existing on the effective date of this chapter shall not be required to meet the requirements of this section, other than the requirements of sections 44-104(b)(5) and (6). Any such towers or antennas that fail to meet the requirements of this chapter shall be referred to in this chapter as "grandfathered towers" or "grandfathered antennas."

(b)

General requirements.

(1)

Purpose and goals. The purpose of this section is to establish general requirements for the siting of towers and antennas. The goals of this section are to: encourage the location of towers in nonresidential areas and minimize the total number of towers throughout the community; to encourage strongly the joint use of new and existing tower sites; to encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; to encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas; and to enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently.

(2)

Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. An existing tower structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For the purposes of determining whether the installation of a tower or antenna complies with district development regulations the dimensions of the entire lot shall control, even though the antennas to towers may be located on leased parcels within such lots.

(3)

Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the planning commission an inventory of its existing towers, including specific information about the location, height, and design of each tower. The planning commission may share such information with other applicants applying for administrative approvals or special exception permits under this chapter or other organizations seeking to locate antennas within the jurisdiction of the governing authority.

(4)

Aesthetics and lighting. The guidelines set forth in this section shall govern the location of all towers, and the installation of all antennas, governed by this section, provided that the governing authority may waive these requirements if it determines that the goals of this chapter are better served thereby.

a.

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted sky blue, gray, or foliage green or such color as is specified by the planning commission, so as to reduce visual obtrusiveness.

b.

At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment.

c.

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

d.

Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the governing authority may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.

(5)

Federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations. Failure to do so shall constitute grounds for the removal of the tower or antenna at the owner's expense.

(6)

Building codes and safety standards. To ensure the aesthetic appearance and structural integrity of towers, the owner of a tower shall ensure that it is properly maintained and, in regard to its structural integrity, it shall be maintained in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the governing authority inspection department concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the downer of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. If the owner fails to bring such tower into compliance with such standards. If the owner fails to bring such tower into compliance within said 30 days, the governing authority may remove such tower at the owner's expense.

(c)

Permitted uses.

(1)

General. The uses listed in this section are deemed to be permitted uses and shall not require administrative review or a special exception application. Nevertheless, all such uses shall comply with subsections 44-104(b)(4), (5), and (6) above and all other applicable ordinances, and prior to the installation of any antenna or tower pursuant to this section, the owner of such antenna or tower shall send written notice to the planning commission, which notice shall include the location, size, and configuration of such antenna or tower.

(2)

Uses permitted by right. The following uses are specifically permitted:

a.

Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, in any industrial or commercial zoning district; provided, however, that such tower shall be set back from any existing off-site residential structure a distance equal to the height of the tower;

b.

Installing an antenna on an existing structure such as an existing tower, building, sign, light pole, water tower, or other freestanding nonresidential structure that is 50 feet in height or greater, so long as said additional antenna adds no more than 20 feet to the height of said existing structure.

(d)

Administrative approvals.

(1)

General.

a.

The development code administrator (DCA) may administratively approve the uses listed in subsection (d)(2) of this section.

b.

Each applicant for administrative approval shall apply to the planning commission, providing the information set forth in subsections (e)(2) and (4) of this section.

c.

The development code administrator (DCA) shall unless due to specific causes of a delay, respond to each such application within 30 days after receiving it by either approving or denying the application. If the DCA fails to respond to the applicant within said 30 days, the application shall be deemed to be approved.

d.

In connection with any such administrative approval, the DCA may, in order to encourage shared use, administratively reduce any district setback requirements by up to 50 percent.

(2)

Specific administratively approved uses. The following uses may be approved by the development code administrator (DCA) after conducting an administrative review:

a.

Installing an antenna on an existing structure such as an existing tower, building, sign, light pole, water tower, or other freestanding nonresidential structure) that is less than 50 feet in height, so long as said additional antenna adds no more than 20 feet to the height of said existing structure;

b.

Locating any alternative tower structure in a zoning district other than industrial or commercial than in the judgment of the DCA is in conformity with the goals set forth in section 44-104(b)(1) of this chapter;

c.

Locating any tower structure in a zoning district other than industrial or commercial that a Georgia licensed professional engineer certifies can accommodate the ultimate number of shared users proposed by the applicant, and that the DCA concludes is in conformity with the goals set forth in section 44-104(b)(1) and the requirements of this section, and that meets the following height and usage criteria:

1.

For a single user, up to 90 feet in height,

2.

For two users, up to 120 feet in height, and

3.

For three or more users, up to 150 feet in height.

(e)

Special exception uses.

(1)

General. The following provisions shall govern the issuance of special exception uses:

a.

If a tower or antenna is not a permitted use under subsection (c)(2) of this section, then a special exception review shall be required for the construction of a tower or the placement of an antenna in all zoning districts.

b.

In recommending a special exception use, the planning commission board may impose conditions to the extent the board concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

c.

Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical shall be certified by a licensed Georgia professional engineer.

(2)

Site plan. Each applicant requesting a special exception use under this section shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by a licensed Georgia professional engineer or surveyor showing the location and dimensions of all improvements, including information concerning topography, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information necessary to assess compliance with this chapter.

(3)

Factors considered in granting special exception uses. The planning commission board shall consider the following factors in determining whether to issue a special use permit:

a.

Height of the proposed tower,

b.

Proximity of the tower to residential structures and residential district boundaries,

c.

Nature of uses on adjacent and nearby properties,

d.

Surrounding topography,

e.

Surrounding tree coverage and foliage,

f.

Design of the tower, with particular reference to the design characteristics that have the effect of reducing or elimination visual obtrusiveness, and

g.

Availability of suitable existing towers and other structures as discussed in subsection (e)(4) below.

(4)

Availability of suitable existing towers or other structures. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the governing authority that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing owner or structure can accommodate the applicant's proposed antenna may consist of any of the following:

a.

No existing towers or structures are located within the geographic area required to meet the applicant's engineering requirements.

b.

Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.

c.

Existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.

d.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

e.

The fees or costs required to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed unreasonable.

f.

Property owners or owners of existing towers or structures are unwilling to accommodate reasonably the applicant's needs.

g.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

(5)

Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall be equipped with an appropriate anti-climbing device, provided however, that the governing authority may (in its sole discretion) waive such requirements, as it deems appropriate.

(6)

Landscaping. The following guidelines shall govern the landscaping surrounding towers for which a special exception use is required; provided however, that the governing authority may (in its sole discretion) waive such requirements if the goals of the section 44-105 would be better served.

a.

Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from adjacent residential property.

b.

In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived altogether.

c.

Existing natural tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer.

(f)

Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove same within 90 days of receipt of notice from the governing authority notifying the owner of such abandonment. If such antenna or tower is not removed within said time period, the governing authority may remove such antenna or tower at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

(Ord. of 3-23-99, Art. VI, § 4)

Every application to develop a solid waste facility shall be treated as a major application. All solid waste facilities must comply with the following performance standards:

(1)

Proximity to airports/heliports. No solid waste facility shall be located within 10,000 feet of the runway centerline of any airport. No solid waste disposal facility shall be located within 5,000 feet of the center point of a helicopter landing pad.

(2)

Proximity to floodplains. No solid waste facility shall be located within 100 feet of the boundary of a flood hazard area as identified on the applicable FEMA Flood Boundary Map for McDuffie County.

(3)

Proximity to wetlands. No solid waste facility shall be located on a property containing a wetland as defined by the U.S. Army Corps of Engineers.

(4)

Distance from a national historic site. No solid waste facility shall be located within one mile of the geographic center of a site listed on the National Register of Historic Places.

(5)

Proximity to jurisdictional boundaries. No solid waste facility shall be located within 0.5 mile of an adjoining county or municipality border, unless the applicant receives approval of the facility plan from the adjoining government's governing body.

(6)

Proximity to water supply watersheds. No solid waste facility shall be located within one mile of the boundaries of a water supply watershed for a public drinking water system as identified by the Georgia Department of Natural Resources.

(7)

Proximity to Clarks Hill Lake. No solid waste facility shall be located within one mile of the shoreline of Clarks Hill Lake as measured from the mean high water mark.

(8)

Proximity to regionally important resources. No solid waste facility shall be located within 100 feet of the boundaries of any regionally important resource designated by the Georgia Department of Community Affairs.

(9)

Proximity to special protected uses. No solid waste facility boundary shall be located within 500 feet of the following:

a.

Any residential structure;

b.

Any private well;

c.

Any educational building, whether public or private;

d.

Any hospital, clinic, convalescence facility, or nursing home.

e.

Any day care center.

(10)

General design standards. All solid waste facilities that receive solid waste on or after October 9, 1993 shall be constructed in compliance with EPA Subtitle D of the Resource Conservation and Recovery Act, as amended. In addition, such facilities shall comply with the following additional design requirements:

a.

All solid waste facilities shall have a minimum lot size of 100 acres.

b.

All solid waste facilities shall be served by no less than two accessways from a paved public road or highway that are at least 100 feet apart (as measured from accessway centerline to accessway centerline along the intersecting street line). All accessways shall be closed to vehicle access when the facility is not in operation.

c.

No structures associated with a solid waste disposal facility shall be located within 300 feet of any adjoining property line. All land used as a solid waste facility site located within 50 feet of an adjoining property line (including street/road rights-of-way) shall be maintained in a natural vegetated state. The planning commission may require additional screening or fencing as necessary to minimize visual impacts on adjoining properties.

(Ord. of 3-23-99, Art. VI, § 5)

Cross reference— Solid wastes, ch. 66.

Every application to develop a heavy industry shall be treated as a major application. All heavy industry uses, including those uses permitted within the I-2 district, shall comply with the following requirements:

(1)

Location. The boundaries of a lot upon which a heavy industry is or is to be located shall not be sited within 1,000 feet of any residential dwelling, or any property containing a school, public playground, church, hospital, clinic, public library, day care center, residential child care facility, or other institution for children or dependents. No portion of a lot approved for development of a heavy industry shall be located within 500 feet of the boundaries of the Flood Hazard Overlay District or the Lake Overlay District.

(2)

Dimensional requirements. A lot upon which a heavy industry is or is to be located shall contain at least three acres, and shall comply with the applicable dimensional requirements for the district in which the lot is located.

(3)

Compliance with federal and state regulations. No permit for construction of a heavy industry shall be issued by the development code administrator until the applicant has provided copies of permits or approvals verifying compliance of the proposed land development activities with all applicable federal and state regulations, including, but not limited to, the National Pollutant Discharge Elimination System and Air Quality Control Regulations promulgated by the Environmental Protection Agency. The planning commission may require the applicant to utilize the best available technology to treat and minimize potential pollution impacts generated by the proposed use.

(4)

Storage of hazardous materials. All hazardous materials shall be stored in compliance with the applicable requirements of section 44-108 of this article.

(5)

Adjustment to height restrictions. The planning commission may allow structures associated with a heavy industry to exceed the height restrictions for the zoning district, if such increase is necessary to minimize potential pollution impacts and the applicant shall utilize the best available technology to treat the pollution that will be generated. However, no height restriction modification shall be granted that would allow any structure to exceed or breach the imaginary surfaces established for the Thomson-McDuffie County airport under Part 77 of the Federal Aviation Regulations (FAR).

(6)

Protection of sensitive natural resources. All areas of a heavy industry lot that do not constitute developable land areas shall be reserved and maintained as open space. The planning commission may require an additional buffer area of up to 25 feet in width between the proposed industrial uses or activities and the open space lands, if it deems the buffer necessary to protect the open space lands from potential or accidental pollution impacts.

(7)

Landscaping. All heavy industries shall be attractively landscaped to help mitigate their potential visual impacts on adjoining lands. The planning commission may impose special landscaping and buffer requirements as is consistent with this chapter and as it deems necessary to screen the proposed use from neighboring properties.

(8)

Municipal water and sewer. Heavy industry uses shall be served by municipal water and sewer.

(Ord. of 3-23-99, Art. VI, § 6)

All automobile service stations shall comply with the following requirements:

(1)

Location. The boundaries of a lot upon which an automobile service station is or is to be located shall not be within 100 feet of any residential dwelling, or any property containing a school, public playground, church, hospital, clinic, public library, day care center, residential child care facility, or other institution for children or dependents. No automobile service station shall be located within the boundaries of the Usry Pond Watershed Overlay District.

(2)

Site requirements. All buildings shall be setback a minimum of 100 feet from all street centerlines (125 feet on state routes) and all canopies shall be set back 40 feet from all street right-of-way lines.

(3)

Access to site. Vehicular entrances or exits at an automobile service station:

a.

Shall not be provided with more than two curb cuts for the first 120 feet of street frontage or fraction thereof, plus no more than one additional curb cut for each additional 150 feet of street frontage or fraction thereof.

b.

Shall contain an access width along the curbline of the street of not more than 40 feet as measured parallel to the street at its narrowest point and shall not be located closer than 20 feet to a street intersection or closer than ten feet to the adjoining property.

c.

Shall not have any two driveways or curb cuts along a single street that are closer together than 50 feet as measured from centerline-to-centerline of the curb cuts.

(4)

Gasoline pump islands. All gasoline pump islands shall be set back at least 40 feet from the right-of-way line, or where a future right-of-way widening line has been established, the setback line shall be measured from such proposed right-of-way. Where pump islands are constructed perpendicular to the right-of-way line; however, the pumps shall be at least 60 feet from the right-of-way.

(5)

Off-street parking. A minimum of two off-street parking spaces are required with an additional off-street parking space to provide extra parking for each lubrication and wash bay.

(6)

Other site improvements. In addition to the above requirements, the proposed use shall comply with the following additional site improvements:

a.

A raised curb of at least six inches in height shall be erected along the street property lines, except for driveway openings.

b.

A solid fence or wall six feet in height shall be erected along all adjacent property lines facing any adjacent residential lot.

c.

Exterior lighting shall be arranged so that it is deflected away from adjacent properties. The planning commission may require the use of special shielding to satisfy this requirement.

d.

Signs, whether permanent or temporary, shall not be placed within the public right-of-way and shall be arranged so that they do not obstruct visibility for drivers or pedestrians.

e.

All drives, parking storage, and service areas shall be paved and curbed and a good stand of grass shall be maintained on the remainder of the lot.

f.

The planning commission may require reserved and designated areas for emergency vehicle access, if the shape of the lot or arrangement/placement of structures and/or off-street parking areas could obstruct access by emergency vehicles.

(7)

Storage of flammable or explosive materials. All above ground tanks for the storage of gasoline, liquefied petroleum gas, oil or other inflammable liquids or gases shall be prohibited at any automobile service station. All automobile service stations shall comply with the applicable requirements contained in section 44-108 of this article.

(Ord. of 3-23-99, Art. VI, § 7)

Any and all facilities that will be used for the storage of hazardous materials associated with commercial or industrial uses shall comply with the applicable standards and specifications established by the Environmental Protection Agency and the Georgia State Fire Marshal. It shall be the responsibility of the applicant to provide evidence that the proposed storage facilities shall comply with all applicable federal and state requirements. In addition, the following standards shall apply:

(1)

Underground storage tanks. All explosive or flammable chemicals, liquids, or gasses associated with commercial or industrial uses shall be stored in underground storage tanks that comply with the requirements of this section, unless the applicant can provide documentation that underground storage is technically inappropriate or infeasible. All underground storage tanks used for the storage of hazardous materials shall comply with the following requirements:

a.

All such tanks shall comply with state requirements.

b.

All such tanks shall be buried to a depth of at least six feet below the surface of the ground.

c.

All such tanks shall be fitted with a leak detection system.

d.

All such tanks shall be replaced no later than 25 years after the date of installation.

e.

No such tank shall be located within 50 feet of the nearest adjoining property line.

f.

No such tank shall be located within 100 feet of any private well.

(b)

Aboveground storage tanks. All aboveground storage tanks used to store gasoline, liquefied petroleum gas, oil, or other flammable or explosive liquids, gases, and hazardous materials shall not be located closer to the nearest adjoining property line than specified below:

(1)

One hundred feet for any tank(s) with a combined total storage volume of not more than 1,000 gallons.

(2)

Two hundred fifty feet for any tank(s) with a combined total storage volume of more than 1,000 gallons, but not more than 5,000 gallons.

(3)

Five hundred feet for any tank(s) with a combined total storage volume of more than 5,000 gallons, but not more than 10,000 gallons.

(4)

The planning commission may determine special setback requirements for any tank(s) with a combined storage volume of more than 10,000 gallons, however such setback requirement shall not be less than 500 feet.

(5)

The planning commission may require special reserved areas for emergency vehicle access in the vicinity of proposed aboveground storage tanks to ensure adequate access for fire suppression equipment. The planning commission may request review of such proposed reserved areas by the McDuffie County Fire Chief.

(3)

Other aboveground storage facilities. Where any hazardous materials associated with a commercial or industrial use are stored in facilities under than an aboveground or underground tank, such facilities shall satisfy the following requirements:

a.

No such storage facility, shed, or room shall be located closer to the nearest adjoining property line than 50 feet.

b.

All such storage facilities shall comply with all applicable federal and state fire and building codes.

c.

All such storage facilities shall be fully enclosed and all accesses shall be locked when the business use is not in operation.

d.

The planning commission may require special reserved areas for emergency vehicle access in the vicinity of proposed hazardous materials storage facilities to

ensure adequate access for fire suppression equipment. The planning commission may request review of such proposed reserved areas by the McDuffie County Fire Chief.

(4)

Local reporting requirement. Any business or industry that utilizes or stores hazardous materials shall prepare a list of all such materials and the quantities and storage location on the property. This list shall be provided as required by the McDuffie County Fire Coordinator.

(5)

Disposal of hazardous materials and hazardous waste. No hazardous materials or hazardous wastes shall be deposited or buried on-site or on any other land in McDuffie County that has not been licensed by the Environmental Protection Division for the disposal of hazardous wastes or does not comply with all state and federal laws regarding the disposal of hazardous wastes.

(Ord. of 3-23-99, Art. VI, § 8)

All proposed on-site water and sewage disposal systems shall be approved by the McDuffie County Health Department and shall meet minimum requirements set by the State of Georgia prior to issuance of an occupancy permit by the development code administrator. As referenced by article V, section 44-84(c); private water and sewer systems are prohibited.

(Ord. of 3-23-99, Art. VI, § 9)

(a)

Purpose and intent. It is the purpose of the McDuffie County Board of Commissioners in enacting this section to provide standards to safeguard life, public health, property and welfare by regulating the location, size, illumination, erection, maintenance and quality of materials of all signs. More specifically, signs have a powerful impact on the aesthetic environment of the community, and it is the purpose of this section to encourage an aesthetically attractive environment, while allowing sufficient opportunities for communications to serve business and comply with the federal and state constitutions and laws. Signs create visual clutter and therefore should be regulated in their size, location, construction and illumination. Signs can detract from the beauty of the neighborhood and lower property values. In seeking to comply with federal and state law, the board has determined the following: large billboards are, as the U.S. Supreme Court has recognized, an aesthetic harm; the [State of] Georgia Supreme Court has upheld sign regulations on the basis of aesthetics and preserving the beauty of environment; and, the Eleventh Circuit has recognized portable signs are visual clutter and a potential traffic hazard. The holdings show that the county's ordinance is within the law and therefore constitutional, which is a goal of the county.

Many signs can also be a hazard and negatively impact traffic safety, by distracting drivers and blocking views of other vehicles and dangers, by making intersections more treacherous, and by making it difficult to see oncoming traffic when entering a roadway. Therefore, it is also the purpose of this section to prevent those harms by regulating signs to safe locations, safe sizes, with proper and safe illumination and construction.

(b)

Permitted signs. Following is a list of permitted signs for each specific zoning district. If not otherwise stated, any sign not specifically permitted in a zoning district as provided under this section shall be prohibited.

(1)

R-1 and R-2 zoning district:

a.

Ground signs: One single face sign per lot having an occupied residential structure.

Maximum size: Six sq. ft.

Maximum height: Six feet above ground level.

Maximum width: Six feet.

Illumination: See subsection (e)(5).

b.

Window signs: One sign of up to four square feet per dwelling, provided it does not cover more than 25% of the window.

c.

Wall signs: Not permitted.

d.

Monument sign (subdivision): See subsection (c)(2).

(2)

R-3 zoning district:

a.

Ground signs:

1.

One single or double face sign per total frontage, and located within 200 feet of the main entrance.

Maximum Size: 32 sq. ft. each face.

Maximum Height: 12 feet above ground level.

Maximum Width: 12 feet.

Illumination: See subsection (e)(5).

(OR)

2.

One monument sign at each main entrance, single or double face.

Maximum size: 24 sq. ft. each face.

Maximum height: Eight feet above ground level.

Maximum width: 12 feet.

Illumination: See subsection (e)(5).

b.

Window signs: One sign of up to four square feet per dwelling, provided it does not cover more than 25% of the window.

c.

Wall signs: Not permitted, other than for building identification and public safety.

(3)

C-1, C-2, T-1 zoning districts:

a.

Ground signs:

1.

One double-face sign of up to 112 sq. ft. per face, per total road frontage. If the lot contains a principal building of over 10,000 sq. ft., this amount increases to 150 sq. ft., and if the principal building exceeds 100,000 sq. ft., the amount increases to 200 sq. ft.

Maximum height: 30 feet above ground level.

Maximum width: 25 feet

(OR)

2.

One double face monument sign, as defined, not to exceed 32 sq. ft. per face.

Maximum height: Eight feet above ground level.

Maximum Width: 16 feet

b.

Window signs: Total signage not to exceed 25% of the area of all windows of each wall.

c.

Wall signs: Total signage not to exceed 100 square feet on all walls of each business. For a business building of over 15,000 sq. ft., the total amount increases to 200 sq. ft. for all walls of that building.

Maximum height: Wall signs may not exceed the height of the wall upon which they are attached, nor extend below the ceiling of any incorporated exterior walkway or other ceiling. Roof signs are not permitted.

d.

Planned development—See subsection (b)(5).

(4)

I-1 and I-2 zoning districts:

a.

Ground signs:

1.

One double-face sign per road frontage of up to 112 sq. ft. per face. If the lot contains a principal building of over 50,000 sq. ft., this amount increases to 150 sq. ft.

Maximum height: 30 feet above ground level.

Maximum width: 25 feet

(OR)

2.

Up to two double face monument signs, as defined, at each entrance, not to exceed 32 sq. ft. per face.

Maximum height: Eight feet above ground level.

Maximum Width: 16 feet

b.

Window signs: Total signage not to exceed 25% of the area of windows facing road frontage.

c.

Wall signs: Total signage not to exceed 100 sq. ft. on all walls of each industry. If the lot contains a principal industrial building of over 50,000 sq. ft., the total amount increases to 200 sq. ft.

Maximum height: Wall signs may not exceed the height of the wall upon which they are attached, nor extend below the ceiling of any incorporated exterior walkway or other ceiling. Roof signs are not permitted.

(5)

Planned developments signs in the C-1, C-2, I-1, I-2, and T-1 zoning districts:

a.

Ground signs: One double-face sign of up to 112 sq. ft., generally for the use of the anchor or development name. If the entire development contains over 50,000 total sq. ft., this amount increases to 160 sq. ft. Tenants signs may be placed below the main sign but not lower than eight feet from common grade level, nor extend beyond the outer limits of the main sign cabinet. For planned developments on corner lots, see subsection (c)(10).

Maximum height: 35 feet above ground level.

Maximum width: 25 feet

b.

Window signs: Total signage per business not to exceed 25% of the area of each wall.

c.

Wall signs: In a planned development (shopping center, commercial or industrial center, office park, etc.), any individual commercial business less than 15,000 sq. ft. of gross floor area may erect up to two wall signs not to exceed a total of 100 sq. ft. of sign space for all walls of each business. Each business exceeding 15,000 sq. ft. may place up to four signs not to exceed 200 sq. ft. for all walls of each business.

Maximum height: Wall signs may not exceed the height of the wall upon which they are attached, nor extend below any incorporated exterior walkway or other ceiling. Roof signs are not permitted.

(c)

Additional permitted signs. The following signs are also permitted:

(1)

Individual vehicle signs: Vehicles may display up to four sq. ft. of signage. Such signs shall be attached or be adhered directly to the body of the vehicle.

(2)

Subdivision entrance signs: One monument sign, single or double-face sign, may be permitted at every main entrance to any residential subdivision, mobile home park, mobile home subdivision, apartment complex, other similar residential development. Such signs shall not exceed; six feet in height, 12 feet in width, nor 32 sq. ft. for each face. Only external illumination is permitted. Note: See subsection (e)(5)a.

(3)

Entrance/exit signs: In the commercial (incl. T-1) and industrial zones: Two single or double-faced pole or monument style signs each clearly indicating "Entrance" and "Exit" respectively. Each sign may not exceed three feet in height, nor three square feet per face. Such signs shall be internally illuminated only and may be placed within one foot of the right-of-way.

(4)

Public purpose/safety signs: State and local jurisdiction public purpose and safety signs are permitted in every zoning district. Such signs can be placed in the right-of-way provided they do not create a safety hazard.

(5)

Any sign not visible from the outside of a structure or to passing members of the public is not regulated by this section.

(6)

Holiday lighting: Holiday lights and decorations with no commercial message, illuminated only between November 1 and January 15.

(7)

Real estate signs. One nonanimated real estate sign, per agency, per lot. Such signs shall not require a permit and shall be limited to signs whose permitted maximum display surface area shall be as follows:

a.

Residential - four sq. ft.

b.

Commercial - 16 sq. ft.

(8)

Construction/home improvement signs: Residential home improvement signs may be placed on the site of the construction or repair provided all such signs do not exceed six sq. ft. in size and are removed within seven days after completion of work. Commercial and Industrial construction signs displaying the intended occupant (i.e., "Coming Soon") or the names of the contractor(s) or subcontractor(s) may be placed on the site of the construction or repair provided all such signs do not exceed 32 sq. ft. and are removed within seven days after cessation or completion of construction.

(9)

Temporary type signs: See subsection (f) and (g).

(10)

Corner lot signage: Single business and planned developments on corner lots are allowed ground signs on both roads/streets provided that the secondary road, as designated by the DCA, must have a minimum of 200' of frontage.

Secondary roads having less than 200' of frontage shall be permitted one 32 sq. ft. double faced monument sign as defined. Such signage shall not be accumulated and used on only one of the street frontages.

(11)

Election/candidate signs: Election/candidate signs shall require no permit and may be permitted in all zoning districts. Such signs shall be limited to one single face sign per road frontage and shall not exceed four (6) sq. ft. in any residential, nor 32 sq. ft. in any non residential zoning district. Signs shall be permitted eight weeks prior to the election and must be removed within 14 days following any election or runoff election and shall thereafter be forfeited to the county for immediate removal. All such signs shall conform to any other applicable provisions of these regulations.

(12)

Strip panel rotating sign faces shall be permitted, however, such rotation is restricted to the vertical strip sign advertising face only where such strips do not exceed six inches in width.

(13)

In addition to any single support sign permitted in the C and T zoning districts, a double faced copy change board may also be permitted in those same districts, excluding any planned developments. Such sign shall be located on the same support structure, separate from and below the main sign, and may not exceed 4' × 8', nor be placed lower than ten feet to common grade level.

(d)

Prohibited signs (or portions thereof). Signs which are prohibited include, but are not limited to:

(1)

Roof signs.

(2)

Sidewalk, A-frame, sandwich type, curb type, or daily placement signs.

(3)

Portable signs, except as permitted in subsection (f).

(4)

(Reserved).

(5)

Animated signs involving motion or sound, including rotating signs or parts thereof.

(6)

Flashing, blinking, or signs of varying light intensity with the exception of signs giving the time and temperature.

(7)

Exposed neon or signs containing exposed neon tubing which are not enclosed within a channel or box lettering.

(8)

Lighter than air, balloon, blimp, or other inflatable device which are tethered.

(9)

Signs which contain or are an imitation of an official traffic sign or signal, or can be confused with an official traffic sign including those signs employing the word "Stop", "Yield", "Go", etc.

(10)

(Reserved).

(11)

Signs that have been abandoned, including signs that advertise an activity, business, product or service no longer active or in existence.

(12)

Banners within 20' of a property line or right-of-way.

(13)

Signs not in good repair, specifically including any sign which is in a state of disrepair or disassembly, or any sign which has its internal lighting exposed to view for more than one week.

(14)

Signs or advertising devices attached directly onto any vehicle parked for more than 48 hours so as to be visible from a public right-of-way, except for work vehicles of a business and common carriers or other vehicles used for daily transportation with a valid license plate.

(15)

Canopy or awnings having a commercial message sign attached to or incorporated within the canopy or awning, with the exception of the name and address of the establishment.

(16)

Streamers or beacons.

(17)

Signs forfeited.

a.

Any sign installed or placed on public property including right-of-ways except in conformance with the requirements of this section.

b.

Signs attached to any street signs or markers, traffic control signs or devices, or attached to, or painted on, any sign pole, to any post, tree, rock, or other natural object or feature.

Such signs may be forfeited to the public and subject to immediate confiscation. In addition to other remedies hereunder, the county shall have the right to recover from the sign owner or person(s) placing or maintaining such sign the full costs of removal and disposal of such sign.

(e)

Standards.

(1)

Computation of sign area: The area of a sign shall be computed as the area within the smallest square, rectangle, or portion thereof enclosing, or which would have enclosed, the outer limits of the sign face and frame, text, material, texture, or color forming an integral part of the sign or used to differentiate the sign face and frame from the structure upon which it is placed.

(2)

Content: Any sign, display or device allowed under this section may contain any commercial or non-commercial message, except that such messages cannot be profane, depict obscenity as defined by O.C.G.A. 16-12-80, nor can it depict sexual conduct or sexually explicit nudity as defined by O.C.G.A. 36-60-3, nor advertise any illegal activity.

(3)

Embellishments: Sign embellishments (including protrusions) shall not constitute greater than 20% of the surface of the sign face or perimeter. Protrusions greater than twelve inches from the sign face and eighteen inches from the sign perimeter are prohibited.

(4)

Number: For the purposes of determining the number of signs, ground signs shall be equal to the number of sign structures. All other non-ground signs shall be considered to be a single display surface or display device containing elements organized, related and composed to form a unit. Where matter is displayed in random manner without organized relationship of elements, such elements shall be considered to be a single sign.

(5)

Illumination:

a.

Ground signs shall not be internally illuminated in the residential districts (R-1, 2, 3). All external lighting shall be positioned and shielded so that the light source cannot be seen directly by any passing motorist nor cause detriment to any surrounding businesses for residents.

b.

Flashing, blinking or otherwise illumination of varying degree is not permitted. Lighting that causes confusion with, or distraction from, any traffic signal or safety device shall not be permitted.

c.

All externally illuminated signs shall utilize low wattage luminaries, mounted in fixtures designed to direct the light and eliminate light trespass.

d.

All internally illuminated signs shall utilize low wattage luminaries designed to reduce light glow.

e.

All signs over six feet in height shall be internally illuminated or by external lighting fixtures located below the sign area.

(6)

Support and stabilization. With the exception of planned development signs which may be of a double pole type (see subsection (b)(5)a.), all other signs, banners, and the like, shall be self-supporting upon a single support (ie. monopole) and within its own framework structure, and shall not employ the use of guy wires or other external support bracing for stabilization.

(7)

Setbacks. All signs or protrusions thereof which are located on the ground must be setback at least five feet from any public right-of-way or property line. No permanently affixed ground sign shall interfere with any public utility or vehicular line of sight. Setbacks from the right-of-way of I-20 shall be 250' except for those developments fronting on opposing roads.

(8)

Corner visibility. No sign or sign structure above the height of three feet may be sited within fifteen feet of the intersection of the right-of-way lines of either street.

(9)

Fire safety. No sign or sign structure may be erected or maintained which obstructs any form of fire escape or fire lane.

(10)

No sign or portion of a sign may project or extend over any residential, commercial, industrial structure, any driveway, walkway or the like.

(11)

Design. In all C, T, and I zones all signs shall be of a single support (eg. monopole) design, with the exception of planned development signs located in those districts. [Also see subsec. (b)(5) and (e)(6)]

(f)

Long duration temporary signs (15-60 days):

(1)

The following types of long duration temporary signs may be displayed only in the C, T, and I zoning districts upon the issuance of a temporary permit by the planning commission.

a.

Inflatable ground advertising devices and figures.

b.

Search lights, lasers and similar devices.

c.

Banners, including flag banners.

(2)

Only one long duration temporary sign or device may be used on one lot at the same time.

(3)

A temporary permit shall be valid for not more than 60 days. A business or individual cannot request more than one temporary permit every six months.

(g)

Short duration temporary signs (1-14 days):

(1)

Weekend signs: Weekend signs shall not exceed three feet in height and four sq. ft. per side, and shall not be more than two sided. Such signs shall be made of waterproof material, and must be attached to an independent mounting device no more than forty inches above ground level. The mounting must be secure to prevent the sign from blowing off of the device. The sign or mounting device should bear the name and phone number of the party responsible for the device. No such sign can be placed within 100 feet of an intersection, nor shall any sign be closer than ten feet to the pavement of a roadway. In no event can such signs be placed on a public right-of-way. [See definition for time restrictions.]

(2)

Short duration temporary signs: Short duration temporary signs can be erected in any zoning district for a maximum of two weeks. No more than two signs can be erected on any lot. Such signs shall not exceed six feet in height and sixteen sq. ft. per side, and shall not be more than two sided. Such signs shall be made of water proof material, and must be attached to an independent mounting device. The mounting must be secure to prevent the sign from blowing off of the device. The mounting device or sign should bear the name and phone number of the party responsible for the device. No such sign can be placed within 100 feet of an intersection, nor shall any sign be closer than ten feet from the pavement of the roadway. In no event shall such signs be placed on a public right-of-way. Short duration signs cannot be placed on the same lot more than four times per year.

(h)

Procedures.

(1)

Sign permit: A sign permit is not required for the erection of a weekend sign, or a ground or window sign in the R-1, 2, 3 zoning districts. However, all signs using electrical wiring and connections shall require an electrical permit.

a.

For all other signs other than listed above, a sign permit is required before a ground or wall sign may be erected; and before an existing sign may be enlarged, relocated, or materially improved upon to an extent of 60% of its total replacement value. All signs using electrical wiring and connections shall require an electrical permit.

b.

A sign permit shall be issued by the planning commission when the plans, specifications, and intended use of the applied sign or part thereof conform to the applicable provisions of this Section. The application shall be accompanied by all the information required under subsection (h)(2) and such other information as the planning commission may require.

c.

Each sign application shall contain an agreement to indemnify and hold the county harmless of all damages, demands, or expenses which may in any manner be caused by the sign, or sign's erection, continued existence, or removal. Each applicant shall present to the county upon request a certificate of liability insurance prior to the issuance of a sign permit.

(2)

Application: Applications for sign permits shall be filed by the sign owner or owner's agent with the planning commission upon forms as provided. Any information pertinent to the sign application as may be requested by the planning commission and may include, but not limited to:

a.

The type and purpose of the sign as defined by this section or DCA.

b.

A site plan showing the location of the sign, and construction plan describing the material the sign is to be constructed from.

c.

Elevation drawing showing the height and dimensions of the sign face.

d.

The total construction cost of the sign.

e.

The street address of the property upon which the subject sign is to be located and the proposed location of the sign on the subject property. In the absence of a street address, a method of location acceptable to the DCA shall be used.

f.

The square foot area per sign face and the aggregate square foot area if there is more than one sign face.

g.

The name(s) and address(es) of the owner(s) of the real property upon which the subject sign is to be located.

h.

(Reserved).

i.

The name, address, phone number, and business license number and home jurisdiction of the sign contractor.

j.

(Reserved).

(3)

Expiration date: A sign permit shall become null and void if the sign for which the permit was issued has not been completed within six months after the date of issuance, provided however, that a six month extension of the permit may be granted by the DCA.

(4)

Processing of application: Upon receipt of an application for a sign as permitted under the provisions of this section, the planning commission, shall examine and process the application within fifteen (15) working days. A permit may be denied if the applicant, landowner, or lessee or other party is presently maintaining any sign in violation of the sign provision of this section.

(5)

Fees: No permit should be issued until the appropriate application has been filed with the planning commission and the appropriate fee has been paid which fees shall from time to time be established by the board of commissioners.

(i)

Inspection. In accordance with article VIII, section 44-161(b), of this chpater, enforcement personnel are hereby empowered to enter upon or into a building, structure, or premises upon which a sign is located for the purpose of inspecting the sign, it structural and electrical connections, and to ensure compliance with the provision of this section.

(j)

Appeals and variances.

(1)

Procedure upon denial. Upon denial of an application for a sign permit, the applicant shall be given verbal notice to the applicant in person; or written notice within 15 days stating the reason(s) for denial of the permit. The aggrieved party may appeal any decision as provided in article IX, section 44-185, of this chapter.

(2)

Variances.

a.

Board/commission. Variances may be granted from the provision of this section by the board of commissioners as recommended by the planning commission board in compliance with article IX, section 44-183(b), of this chapter, and shall apply both to signs which are non-conforming as of the effective date of this section as well as the new signs erected thereafter.

b.

Administrative. Administrative variances may be granted by the DCA provided any variance that is granted should conform to the intent and purpose of this sign section.

(k)

Construction and maintenance.

(1)

It shall be unlawful to erect or place any sign which does not conform to the requirements of this section.

(2)

All signs for which a permit is required, together with all their supports, shall be kept in constant repair and unless constructed of galvanized or non-corroding metal shall periodically be given a protective coating. The area immediately in front of all freestanding signs shall be maintained free of high weed and debris.

(3)

The staff of the planning commission may periodically inspect every sign in order to determine that each meets the requirements set forth in this section.

(4)

The owner or entity shall be required to remove or have removed from the premises discarded or unusable paper, sign faces, parts and debris resulting from the changing of the advertising copy or message or maintenance of any sign or sign structure.

(l)

Enforcement.

(1)

Removal.

a.

In accordance with article VIII, section 44-161(b), enforcement personnel may order the removal of any sign in violation of this section. Notice shall be given to the permit holder and/or property owner, then to the owner of the sign; or if the sign owner cannot be found or cannot be determined, notice shall be given to the sign erector or property owner, or any party associated with such sign. If a permit was issued, such notice shall operate to revoke the permit. The removal order shall be issued only after the appropriate party fails to comply with the terms of this section within seven working days after the receipt of written notice of non-compliance from the planning commission, or within ten working days from the mailing of such notice if no return receipt is received indicating acceptance.

b.

An aggrieved party may appeal the removal order within ten (10) working days from the date that the notice was received. Such appeal shall be as provided in article IX, section 44-185, of this chapter. If the sign is not removed within:

1.

Thirty days after the order of removal is delivered or mailed,

2.

Forty-five days from the mailing of such notice if no return receipt is received indicating acceptance, or,

3.

Thirty days after the date any appeal becomes final, thereafter, the enforcement personnel is authorized to remove or cause to be removed the sign and to collect the costs thereof as provided in subsection (3) below.

(2)

Removal without notice. The enforcement personnel or any other agent of McDuffie County having jurisdiction under the circumstances may, upon passage of these sign regulations, remove or direct the removal of any sign in violation of this section, without giving notice to any party, if:

a.

Said sign is upon the public right-of-way or upon other public property.

b.

Said sign poses an immediate safety threat to the life or health of any member of the public.

(3)

Cost of removal. The removal or the cost of same of any sign as provided for in this section shall be the responsibility of the sign owner and without liability to McDuffie County, its officers, agents, servants and employees. If the sign owner cannot be found or cannot be determined, then the costs of removal shall be the responsibility of the sign erector and/or property owner or any other party associated with the placement of the sign. If removed by the county as referenced in this section, and for the purposes of collecting any and all reimbursable cost to the county for such removal; if payment, or satisfactory arrangements to make payment is not made by the property owner, sign erector, or owner within 30 days after the receipt of said statement, the enforcement personnel shall certify the amount thereof for collection to the county attorney. The county shall be afforded all means available to remedy the collection of the reimbursable funds. In the event any signs that are removed remain unclaimed for more than 60 days from the date of removal, the signs may be disposed of in accordance with state law.

(4)

Invalid permits. The enforcement personnel may issue a removal order when it has been determined that a permit was improperly issued as a result of misstatement of fact or fraud, that the sign has not been placed or constructed in compliance with this Section or with the specifications of the application or site plans, that the sign permit has expired or that the sign is otherwise not in compliance with the Section. In the event a sign is not removed after receipt of a removal order, enforcement personnel may institute legal proceedings hereunder against the property owner, sign owner, lessee, sign erector, associated party, or combination thereof.

(5)

Non-conforming signs.

a.

Signs which do not comply with this section and were legally placed before the effective date of this section shall become non-conforming with respect to the requirements set forth herein; however, signs which were illegally erected, established or maintained with respect to the applicable requirements of prior ordinances shall be removed or brought into compliance herewith. Non-conforming signs made of paper, cloth or other non-durable material, all temporary signs other than those permitted therein, and any signs that are not affixed to a building or the ground, or are located within a public right-of-way, may be removed. Upon failure to comply with the requirements of this section, the planning commission may cause the removal of any non-conforming sign at the expense of the owner or associated party.

b.

A non-conforming sign shall not be replaced by another non-conforming sign except that the substitution or interchange of advertising panels, painted boards or demountable material on non-conforming signs shall be permitted. Those signs considered grandfathered upon the passage of zoning shall be governed by the signage requirements for the zoning classification, as designated by the DCA, which most closely approximates its use. [For example, Russell's Bait store on the Washington Road, although a grandfathered commercial use located in a residentially zoned district, for signage purposes, would be considered as Commercial and would therefore have to conform to the signage requirements of a Commercial district for sign limitation purposes.]

c.

Minor repairs and maintenance of non-conforming signs such as repainting, electrical repairs and neon tubing may be permitted. However, no structural repairs or changes in the size or shape of the sign shall be permitted except to make the sign comply with the requirements of the Section.

d.

If a nonconforming sign must be removed due to a county or state road improvement or other project, the planning commission may authorize the relocation of such sign even though the new location may not meet the setbacks, or other provisions of this section.

(6)

Fines and penalties.

a.

Citations. Without limitation, sign erectors or owners, property owners and/or associated parties may be cited for the violation of any provision of this section in accordance with article X, section 44-205, of this chapter.

b.

Penalties. The fine for any one sign found in violation of this section tried upon a citation or upon an accusation shall be as provided in article X, section 44-205, of this chapter.

(Ord. of 12-18-01, Art. VI, § 10(10.1—10.12))

Editor's note— Ord. of Dec. 18, 2001, Art. VI, § 10, repealed § 44-110, in its entirety and enacted new provisions to read as herein set out. Prior to amendment, § 44-110 pertained to signage and derived from Ord. of March 23, 1999, Art. VI, § 10.

(a)

(1)

Purpose. The purpose of this section is to regulate certain types of businesses including, but not limited to, adult entertainment establishments as defined herein, to the end that the many types of criminal activities frequently engendered by such businesses and the adverse affect on property values and on the public health, safety, and welfare of the county, and on its citizens and property, and on the character and preservation of its neighborhoods and development will be curtailed. This section is not intended as a defacto prohibition of legally protected forms of expression. This section is intended to represent a balancing of competing interests: reduced criminal activity and protection of the neighborhoods and development through the regulation of adult entertainment establishments versus any legally protected fights of adult entertainment establishments and patrons. This section is not intended to allow or license any business, establishment, or activity which would otherwise be unlawful.

(2)

Findings. Based on the experience of other counties and municipalities, including, but not limited to, Atlanta, Georgia; Fulton County, Georgia; Dekalb County, Georgia; Richmond County, Georgia; Floyd County, Georgia; Amarillo, Texas; Austin, Texas; Garden Grove, California; Houston, Texas; Renton, Washington; Phoeniz, Arizona; Augusta, Georgia; LaGrange, Georgia; Dalton, Georgia; Whitfield County, Georgia; Carrollton, Georgia; Smyrna, Georgia; Rome, Georgia; Bartow County, Georgia; and Ft. Lauderdale and Palm Beach, Florida, which experiences are believed to be relevant to the problems faced by McDuffie County, Georgia, the McDuffie County Board of Commissioners takes note of the notorious and self-evident conditions attendant to the commercial exploitation of human sexuality, which do not vary greatly among generally comparable communities within our country. Moreover, it is the findings of the commissioners that public nudity (either partial or total) under certain circumstances, particularly circumstances related to the sale and consumption of alcoholic beverages, begets criminal behavior and tends to create undesirable community conditions. Among the acts of criminal behavior identified with nudity and alcohol are disorderly conduct, prostitution, and drug trafficking and use. Among the undesirable community conditions identified with nudity and alcohol are depression of property values in the surrounding neighborhood, increased expenditure for and allocation of law enforcement personnel to preserve law and order, increased burden on the judicial system as a consequence of the criminal behavior hereinabove described, and acceleration of community blight by the concentration of such establishments in particular areas. Therefore the limitation of nude conduct in establishments licensed in the unincorporated limits of the county and prohibiting the sale and consumption of alcoholic beverages in said establishment is in the public welfare and it is a matter of governmental interest and concern to prevent the occurrence of criminal behavior and undesirable community conditions normally associated with establishments which serve alcohol and also allow and/or encourage nudity. Based on these findings, this section is adopted to regulate certain types of businesses and to establish where such activity may or may not be conducted.

(b)

Definitions. As used herein, the following words or phrases shall have the following meanings:

Adult entertainment establishment as used herein, the following words or phrases shall have the following meanings, and the premises on which defined establishments operate on which defined activities occur shall constitute "adult entertainment establishments." Adult entertainment establishments include, but are not limited to:

(1)

Adult bookstore. A business or establishment having a substantial or significant portion of its stock in trade, books, magazines or other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section, comprising five percent of its total floor space, devoted to the sale or display of such material, or five percent of its net sales consisting of printed material which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

(2)

Adult business is either: (1) any business or establishment which is conducted exclusively for the patronage of adults and as to which minors are specifically excluded from patronage thereat either by law or by the operators of such business or establishment; or (2) any business or establishment to which the public or any portion thereof is permitted where employees or patrons expose specified anatomical areas or engage in specified sexual activities; or (3) any other business or establishment to which the public or any portion thereof is permitted which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing, discussing or relating to specified sexual activities or specified anatomical areas.

(3)

Adult dancing establishment. A business or establishment that features live performances by topless and/or bottomless dancers, go-go dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

(4)

Adult motion picture theater. A business or establishment that is used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons therein, including a business or establishment wherein coin or slug operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other images producing devices are maintained to show images and where the images so displayed are distinguished or characterized by an emphasis on, depicting or describing specified sexual activities or specified anatomical areas.

(5)

Adult video store. A business or establishment having a substantial or significant portion of its stock in trade in video tapes or movies or other reproductions, for sale or rent, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical area or an establishment with a segment or section, comprising five percent of its total floor space, devoted to the sale or display of such material, or five percent of its net sales consisting of reproduced materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

(6)

Bath house or massage parlor. A business or establishment in which services offered include some form of physical contact between employee and patron and in which services offered are characterized or distinguished by an emphasis on specified sexual activities or specified anatomical areas.

(7)

Erotic entertainment/dance establishments. A business or establishment including, but not limited to, a nightclub, theater, or other establishment which features live performances by topless and/or bottomless dancers or entertainers, go-go dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

(8)

Lingerie modeling studio. A business or establishment whose primary business activity consists of live performers exhibiting or modeling lingerie or similar undergarments and are characterized or distinguished by an emphasis on specified sexual activities or specified anatomical areas.

(9)

Encounter center or rap establishment. A business, agency or person who, for any form of consideration or gratuity, provides a place where two or more persons may congregate, assemble or associate for the primary purpose of engaging in, describing or discussing specified sexual activities, or exposing specified anatomical areas.

Commissioners. means the commissioners of McDuffie County, Georgia.

Church means a place where persons regularly assemble for religious worship; a body of communicates gathered into church order united under one form of government by the profession of the same faith and the observance of the same ritual and ceremonies; congregation, or organization assembled for religious purposes.

Conviction means an adjudication of guilt, plea of nolo contendere or the forfeiture of a bond when charged with a crime, but shall not include a discharge under provisions of what is commonly called the State of Georgia First Offender Act.

Distance and measurement means the measurement of lineal feet/from the nearest point of the property line of the proposed premises of an adult entertainment establishment to the nearest property line of any church, library, school, college, public park, residence, or hospital. A radius shall be measured from the property line of the proposed premises to the nearest property line of any church, library, school, college, public park, residence or hospital.

Employee means any person engaged to provide or in fact providing services for an adult entertainment establishment to patrons on a regular basis whether for legal consideration or otherwise. For the purpose of this section, independent contractors whose main purpose is to provide entertainment or other services to patrons, including, but not limited to, dancers and waitresses, employed or hired by an adult entertainment establishment shall be considered as employees.

Good moral character. For the purposes of this section shall mean, although not limited to, having no convictions of a felony or crime of moral turpitude within the previous five years. Conviction shall include pleas of nolo contendere or bond forfeiture when charged with such crime.

Minor. For the purposes of this section shall mean any person who has not attained the age of 18 years.

Park means any lands or facility owned, operated, controlled or managed by county, city, state or federal government or any governmental entity or agency in and upon which recreational activities or places are provided for the recreation and enjoyment of the general public.

Parcel of land means any quantity of land capable of being described by location and boundaries, designated and used or to be used as a unit.

Residence means a house, apartment, mobile home, boarding or roominghouse, duplex, or other multifamily housing, used as a dwelling for humans, or any properties owned therefore.

School means a state, county, city, church school, or other school(s), public or private, that teach the subjects commonly taught in the commons schools of this state, and vocational schools, colleges, post high school learning centers, kindergartens and day care centers for persons of any age.

Specified sexual activities shall include any of the following:

(1)

Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually oriented acts or conduct: sodomy, cunnilingus, fellatio, pedophilia, lesbianism, homosexuality; or

(2)

Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or

(3)

Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; or

(4)

Fondling of the human genitals, pubic region, buttocks or female breasts so as to arouse or excite the sexual desires of a patron; or

(5)

Sexually oriented torture; or

(6)

Fondling or other sexual contact with an animal so as to arouse or excite the sexual desires of a patron.

Specified anatomical areas shall include any of the following:

(1)

Less than completely and opaquely covered human genitals, pubic region, or anus; or female breast below a point immediately above the top of the areola; or

(2)

Human male genitalia in a discernible turgid state, even if completely and opaquely covered.

(c)

Regulations. The following regulations apply to all adult entertainment establishments as described herein and located within the unincorporated areas of McDuffie County, Georgia:

(1)

It shall be unlawful for a licensee to employ, admit or permit the admission of minors within a licensed premises.

(2)

It shall be unlawful for any person to sell, barter or give to any minor any service, materials, device or thing sold or offered for sale by an adult entertainment establishment.

(3)

No adult entertainment establishment shall be located in any zoning district, other than I-1 or I-2 on at least three acres and within the following distances as defined and measured as stated herein:

a.

Within 1,000 feet of an parcel of land upon which any single or multifamily residence or within 1,000 feet of any parcel of land which is either zoned or used for single or multifamily uses or purposes;

b.

Within 1,000 feet of any parcel of land upon which a church, school, governmentally-owned or operated building, library, civic center, public park, playground, hospital, nursing home or community club;

c.

Within 1,000 feet of any parcel of land upon which another adult entertainment establishment is located;

d.

Within 1,000 feet of any parcel of land upon which an establishment selling alcoholic beverages is located;

(4)

No adult entertainment establishment licensee shall employ or contract with any person to provide services or perform in said establishment who is a person not permitted for employment pursuant to this section.

(5)

An adult entertainment establishment licensee shall maintain and retain for a period of two years the names, addresses, dates of birth, photograph, and social security numbers of all employees.

(6)

An adult entertainment establishment shall be closed between the hours of 10:00 p.m. and 11:00 a.m. Monday through Saturday, on Sunday, and on Christmas Day.

(7)

No booth, screen, partition or other obstruction shall be permitted within the interior of any adult entertainment establishment so as to prevent a clear view throughout the premises, except for separate offices, kitchens, restores, or other areas not frequented by patrons.

(8)

No premises for an adult entertainment establishment shall have any interior connections or doors with any other place of business.

(9)

No adult entertainment establishment shall be operated such that the activity on the interior or the premises is visible from the exterior of the premises.

(10)

No licensee shall permit the use of alcoholic beverages of any kind to be sold, possessed or consumed in or on the premises.

(11)

No licensee shall permit the use of illegal drugs or controlled substances of any kind to be allowed, permitted, used, possessed or sold, and no gambling shall be allowed or permitted in or on the premises.

(12)

No licensee shall permit an employee to expose for public view his or her specified anatomical areas in a lewd or obscene fashion.

(13)

Every, act or omission of an employee constituting a violation of the provisions of this section shall be deemed the act or omission of the licensee if such act or omission occurs either with the authorization, knowledge or approval of the licensee or as a result of the licensee's negligent failure to supervise the employee's conduct.

(14)

No licensee shall publicly display or expose or suffer the public display or exposure, with less than a full opaque covering, of any portion of a person's genitals, pubic area, breasts, or buttocks in a lewd and obscene fashion. All public signs or other forms of advertisement shall comply with this requirement.

(d)

Additional regulations—Adult dancing establishments, erotic entertainment/dance establishments, and lingerie modeling studios. The following additional regulations apply to adult dancing establishments, erotic entertainment/dance establishments and lingerie modeling studios (herein "adult dance establishments") as described herein:

(1)

All live dancing and entertainment shall occur on a platform intended for that purpose which is raised at least two feet from the next highest level of the remainder of the floor.

(2)

All live dancing or entertainment shall occur no closer than ten feet from any patron.

(3)

No dancer, entertainer or employee shall fondle or caress any patron nor allow any patron to fondle or caress any dancer, entertainer or employee so as to arouse or excite the sexual desires of a patron.

(4)

No patron shall directly pay or give any gratuity to any dancer or entertainer.

(5)

No dancer or entertainer shall solicit or accept any pay or gratuity directly from any patron nor allow any patron to directly pay or give any gratuity to any dancer or entertainer.

(6)

All areas of the licensed premises shall be fully lighted at all times when open for business, which shall mean illumination equal to 3.5 footcandles per square foot.

(7)

No licensee shall permit any employee to use artificial devices or inanimate objects to depict any of the prohibited activities described in this section.

(8)

No licensee shall permit an employee to insert an object into her vagina or her or his anal orifice, except for personal hygiene or necessity.

(9)

No licensee shall permit an employee to engage in actual or simulated genital masturbation.

(10)

No licensee shall permit a male employee to exhibit an unclothed erect penis.

(11)

No licensee shall permit an employee to engage in, or simulate bestiality.

(12)

No licensee shall permit an employee to engage in actual or simulated sexual activity with another person.

(13)

No licensee shall permit an employee to sit upon or straddle the leg, legs or body of an patron therein.

(14)

No licensee shall permit or allow a patron to participate in any act or activity upon the licensed premises which an employee is prohibited from performing.

(e)

License required. It shall be unlawful for any person, or legal entity to engage in, conduct or carry on, in or upon any premises within the unincorporated area of McDuffie County any of the adult entertainment establishments defined in this section, without a license so to do. No license so issued shall condone or make legal any activity thereunder if the same is deemed illegal or unlawful under the laws of the State of Georgia or the United States.

(f)

Operation of unlicensed premises unlawful. It shall be unlawful for any person to operate an adult entertainment establishment unless such business shall have a currently valid license or shall have made proper application for renewal within the time required thereof under this section, which license shall not be under suspension or permanently or conditionally revoked.

(g)

Application for license.

(1)

Any person or legal entity desiring to obtain a license to operate, engage in, conduct or carry on any adult entertainment establishment shall make application to or with the zoning administrator of McDuffie County, Georgia, or his designated representative. Prior to submitting such application, a nonrefundable fee of $100.00 shall be paid to the planning commission of McDuffie County to defray, in part, the cost of investigation and report required by this section.

(2)

The application for license does not authorize the engaging in, operation of, conduct of or carrying on of any adult entertainment establishment.

(3)

All licenses herein shall be a mere grant of privilege to carry on such business during the term of the license subject to all the terms and conditions imposed by this section and related laws, applicable provisions of this section and other ordinances and resolutions of the county relating to such business.

(4)

All licenses hereunder shall have printed on the front these words: "This license is a mere privilege subject to be suspended and/or revoked under the provisions of the Ordinances of McDuffie County."

(5)

A separate license shall be required for each place of business.

(6)

Where the applicant:

a.

Is a corporation, any license shall be applied for by and shall be issued to the corporation and either: (1) the majority shareholder thereof, or (2) a person employed full time in a managing capacity by the corporation;

b.

Is a partnership, any license shall be applied for by and shall be issued to the partnership and either: (1) the managing general partner thereof, or (2) a person employed full time in a managing capacity by the partnership;

c.

Is a sole proprietor, any license shall be applied for by and shall be issued to the sole proprietor if he is working full time in a managing capacity on the premises, and if not, then to the sole proprietor or a person employed full time in a managing capacity by the sole proprietor;

d.

For purposes of this subsection, the words "managing capacity" shall mean the president or chief executive officer or managing or general partner of a corporation or partnership, or a person who has responsibility for management of the operations at the location to be licensed and who is a full time employee of the corporation, partnership, proprietor, or other ownership.

(h)

Application contents; supporting documents.

(1)

Application for license shall be written and on forms supplied by the planning commission of McDuffie County. Such application shall state the name, address, social security number and date of birth of the applicant(s); and the nature and character of the business to be carried on.

(2)

The previous addresses, if any, of the applicant for a period of five years immediately prior to the date of the application and the dates of residence for each.

(3)

The applicant's height, weight, color of eyes and color of hair.

(4)

Two photographs of the applicant at least two inches by two inches taken within six months prior to the application.

(5)

Business, occupation or employment history of the applicant for five years immediately proceeding the date of the application.

(6)

If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its Articles of Incorporation or Charter, together with the state and date of incorporation, and the names, addresses, dates of birth and social security numbers of each of its current officers and directors as well as all stockholders holding more than five percent of the outstanding shares of the corporation. If the applicant is a partnership, whether general or limited, the applicant shall set forth the names, residence addresses, dates of birth and social security numbers of the partners. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply.

(7)

Address of the premises to be licensed.

(8)

The name of the owner of the premises and, if leased, a copy of the lease agreement.

(9)

A plat, filed in triplicate, by a registered land surveyor, licensed by the State of Georgia, showing all structures and the location of the proposed premises which shall not be inconsistent with the provisions contained in subsection (c)(3).

(10)

The name, address, social security number and date of birth of any and all persons who have a financial interest of any type in the entity which is applying for the license.

(11)

Any other information reasonably required by the zoning administrator in order to verify the information furnished by the applicant to obtain a license.

(12)

Should the requirements of this section dictate that more than one individual and/or entity apply for and a license issue to such applicants, then all such applicants shall, on such application, designate the name, address and telephone number of an individual resident of McDuffie County, Georgia to act as agent for all applicant(s)/licensee(s) for the purpose of receiving communications and notices under this section. Proof of delivery to said agent shall be conclusive proof of receipt by a licensee(s) of such notice, process or information.

(13)

Each application must be complete in its entirety before being accepted by the county for filing and processing.

(14)

All applicants for licenses as to any premises which is to be subsequently renovated or improved shall furnish in triplicate plans and renderings of the premises as it is to exist at the time of opening. Any premises to be constructed or renovated prior to opening shall be constricted, renovated or built so as to be equal to and compatible with the surrounding neighborhood or better. The premises shall comply with all building, health and similar county codes.

(15)

Each applicant for an adult entertainment establishment license shall be verified and acknowledged under oath to be true and correct by:

a.

If the applicant is an individual, the individual;

b.

If by a partnership, by the manager or general partner;

c.

If a corporation, by the president of the corporation;

d.

If any other organization or association, by the chief administrative official.

(i)

Notice of intent to engage in business.

(1)

All applicants for licenses thereunder shall give notice that an application has been filed and of the purpose of making such application by publication of an advertisement once a week for four consecutive weeks prior to the date of consideration of the application by the McDuffie County Board of Commissioners in the newspaper in which legal advertisements are published. The first advertisement shall not appear more than 40 days prior to the date of such consideration. The advertisement shall be of type not smaller than ten point capital and lower case and shall be at least a one-inch column. The advertisement shall appear on the same days as legal advertisements are regularly published.

(2)

The notice shall contain a particular description of the location of the proposed business, the name of the applicant(s), the date, time and place of hearing, and a statement that any legal objections to the issuance must be made at or prior to the time of hearing, and, if prior to the time of hearing, must be in writing and received by the office of the planning commission on or before the date and time of hearing.

(3)

Applicants shall provide proof of such notice by providing the planning commission, prior to the time of the hearing on license issuance, the affidavit of the publisher of the newspaper in which said notice was published, which affidavit shall reflect the content of the notice and the dates of publishing.

(4)

The applicant shall cause to be placed upon the location of the proposed business a sign or signs stating the following:

McDuffie County Adult Entertainment License Applied For
A hearing before the McDuffie County Board of Commissioners shall be held
on the _____ day of ________, 19/20 _____, at _____:_____ o'clock (a.m./p.m.)
in the Grand Jury Room at the McDuffie County Courthouse,
337 Main Street, Thomson, Georgia. All interested persons take notice.

The sign or signs shall be at least 18 inches by 24 inches in size and shall face toward all public streets, sidewalk, or other public property which adjoin or adjoins the location so as to be clearly visible by persons using such public area. The sign shall be posted on the property from the date of the first publication of the legal advertisement through the date of consideration by the McDuffie County Board of Commissioners.

(j)

Application; investigation; issuance. The zoning administrator shall have a reasonable time, not to exceed 45 days, to investigate the application and the background of the applicant(s) following the acceptance and filing of the completed application. Upon completion of the investigation, the county commission may, upon two readings, grant the license if the commission finds:

(1)

The application conforms in all respects to the provisions of this section.

(2)

The applicant has not made a material misrepresentation in the application.

(3)

The applicant has fully cooperated in the investigation of the application.

(4)

The applicant, [if an individual, or any officers or directors or shareholders holding more than five percent of the outstanding shares of the corporation, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership,] has not been convicted in a court of competent jurisdiction of any crime involving sexual assault, sexual battery, prostitution, rape, sexual offenses against children, unnatural sex acts, public indecency, or any other sex act, whether attempted or consummated, prohibited by law for which (a) less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense; (b) less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; (c) less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period.

(5)

The applicant, if an individual, or any officers or directors or shareholders holding more than five percent of the outstanding shares of the corporation, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, has not, during the past ten years, had an adult entertainment establishment license or other similar license or permit denied or revoked in this county or any other local governmental jurisdiction located within or without this state prior to the date of application.

(6)

The building, structure, equipment, or location of such business, as proposed by applicant, would comply with all applicable distance provisions of this section and would qualify to receive a certificate of occupancy.

(7)

The applicant is at least twenty-one years of age.

(8)

That on the date the business for which a license is required herein commences and thereafter, there will be a responsible person on the premises to act as manager at all time during which the business is open.

(9)

Notwithstanding the above, no license shall be issued to an applicant if within 12 months immediately preceding the filing of an application the same applicant for a license or renewal has been rejected for any location, if such rejection was based upon the applicant's failure to meet the terms of this section applicable to the applicant as opposed to rejection for reasons related to the location itself.

(10)

An annual license fee, established by resolution of the county and prorated on a calendar month basis, is paid to the planning commission of McDuffie County. Said annual license fee is hereby resolved to be $2,000.00.

(k)

License renewal. Licenses for adult entertainment establishments shall be renewed on a calendar year basis provided that the licensee continues to meet the requirements set out in this section. The renewal fee for the adult entertainment establishment license shall be established by resolution of the McDuffie County Board of Commissioners. Said renewal fee is hereby resolved to the $2,000.00. Renewal applications shall be submitted by November 15 of each year prior to January 1 of the year for which such license is requested.

(l)

License nontransferable. No adult entertainment establishment license may be sold, transferred or assigned by a licensee, or by operation of law, to any other person or persons. Any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary, surrender of such license and such license shall thereafter be null and void; provided and excepting, however, that is the licensee is a partnership or corporation, and one or more of the partners or shareholders, as the case may be, should die, one or more of surviving partners or shareholders who were partners or shareholders at the time of issuance of the license may acquire, by purchase or otherwise, the interest of the deceased partner or shareholder without affecting a surrender or termination of such license, and in such case, the licensee shall immediately notify the zoning administrator of McDuffie County. An adult entertainment establishment license issued to a corporation shall be deemed terminated and void when either any outstanding stock of the corporation is sold, transferred or assigned after the issuance of a license, or any stock authorized but not issued at the time of the granting of a license hereunder is thereafter issued and sold, transferred or assigned.

(m)

Change of location. No licensee shall change the location of the establishment without obtaining a new license.

(n)

Change of name. No licensee shall advertise, operate, conduct, manage, engage in, or carry on an adult entertainment establishment under any name other than his name and the name of the business as specified on his licensee.

(o)

Modifications of licensed premises. After issuance of any license, no change in the location of the building within the premises, customer entry locations, or other changes shall be made which would affect compliance with any distance or other requirement of this section.

(p)

Persons prohibited as licensees.

(1)

No license provided for by this section shall be issued to or held by:

a.

An applicant who has not paid all required fees and taxes for a business at that location or property taxes;

b.

Any person who is not of good moral character;

c.

Any corporation, any of whose officers, directors or stockholders holding over five percent of the outstanding issued shares of capitol stock are not of good moral character;

d.

Any partnership or association, any of whose officers or members holding more than five percent interest therein are not of good moral character;

e.

Any person employing, assisted by or financed in whole or in part by any person who is not of good moral character;

f.

Any applicant who is not qualified to hold and conduct a business according to the laws of the United States, the State of Georgia or McDuffie County.

(2)

Should there be a sufficient number of current licenses to meet the needs and desire of the inhabitants of the county, no new licenses shall be issued. In determining the needs and desires of the inhabitants, the standard of review shall be that the market is virtually unrestrained as defined in Young v. American Mini Theaters, Inc., 427 U.S. 50.

(q)

License, refusal. If the zoning administrator, following investigation of the applicant, deems that the applicant does not fulfill the requirements as set forth in this section, he shall notify the applicant(s) of such decision in writing and the basis thereof. Any such decision shall be final unless an appeal is filed with and to the McDuffie County Board of Commissioners by any aggrieved party on or before ten days of the date of the decision of the zoning administrator. A hearing by the commissioners of the appeal shall occur within 30 days of its filing at a regular or special meeting of the county commission.

(r)

Suspension; revocation; appeal; violations/penalties; service of notice.

(1)

Suspension. The zoning administrator shall suspend a license for period of 180 days if he determines that a licensee or an employee has violated any sections of this section. If the zoning administrator deems a license suspension appropriate, he shall so notify the licensee of such decision in writing and the basis thereof. Such suspension shall take effect ten days following the zoning administrator's notification unless an appeal is filed with and to the county commission by the aggrieved party on or before ten days of the date of receipt by the aggrieved party of the decision of the zoning administrator. A hearing by the commission of the appeal shall occur within 30 days of its filing in a regular or special meeting of the commission's ruling on the licensee's appeal.

(2)

Revocation.

a.

The zoning administrator shall revoke a license if a cause for suspension occurs and the license has been suspended within the past 12 months.

b.

The planning administrator shall also revoke a license if he determines that:

1.

A licensee gave false or misleading information in the materials submitted during the application process.

2.

A licensee or an employee knowingly operated the business during a period of time when the licensee's license was suspended.

3.

A licensee or an employee has knowingly allowed any act prohibited by this section to occur in or on the licensed premises.

4.

The owner or operator of the licensed establishment knowingly allowed a person under 18 years of age to enter the establishment.

c.

If the zoning administrator deems a license revocation appropriate, he shall so notify the licensee of such decision in writing and the basis thereof. Such revocation shall take effect ten days following the zoning administrator's serving of his written decision upon the licensee unless an appeal is filed with and to the McDuffie County Board of Commissioners by the aggrieved party on or before ten days of the date of receipt by the aggrieved party of the decision of the zoning administrator. A hearing by the commission on the decision shall occur within 30 days of its filing in a regular or special meeting of the commission. Revocation shall continue for 12 consecutive months from the date the revocation becomes effective.

(3)

Appeal procedure. An applicant or licensee who has timely flied an appeal with the commission as allowed by this section shall be entitled to a hearing before the county commission. At the time set for the hearing, the commission shall receive all relevant testimony in evidence from county staff or interested parties, and from the licensee or employee. In all hearings pursuant to this section, the following procedures shall apply:

a.

The clerk of McDuffie County Board of Commissioners shall read or cause to be read the charges and specifications against the charged parry. He/she shall then read or cause to be read any response filed by the charged party.

b.

The commission shall hear the evidence upon the charges and specifications as filed against the charged party and shall not consider any additional evidence beyond the scope of the charges and may exclude evidence which is purely cumulative.

c.

The order of proof shall be as follows: The county representative shall present his evidence in support of the charges; the charged parry shall then present his evidence. Evidence of each party may be supported by submission of pertinent documents. Each party shall be allowed to present pertinent rebuttal evidence.

d.

The charged party and county may be represented by counsel, and may present, examine and cross-examine witnesses. Additionally, the county commission may interrogate all parties and witnesses to obtain necessary information.

(4)

Violations and penalties.

a.

Any person violating the provisions of this section shall be punishable by fines not to exceed $1,000.00 per violation, or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment.

b.

Should any license be revoked or suspended, all signs indicating that such business is conducted on the premises shall be removed from the premises during the period of revocation or suspension.

c.

The violation of provisions of this section by any person may be enjoined by instituting appropriate proceedings for injunction in any court of competent jurisdiction. Such action may be maintained notwithstanding that other adequate remedies at law exist.

(5)

Service of notice.

a.

Any notice required to be given under this section to any applicant, licensee or employee may be given either by personal delivery or by certified United States mail, postage prepaid, return receipt requested, addressed to the most recent address as specified in the application for license/permit, or such updated address which may have subsequently been provided in writing to the zoning administrator. Notices mailed as described above shall be deemed on the third day subsequent to their deposit in the United States mail.

b.

It shall be the duty of each applicant, licensee and employee to furnish notice to the zoning administrator in writing of any change of mailing address.

(s)

Adult entertainment establishment employees.

(1)

Qualifications:

a.

Employees of an adult entertainment establishment shall be not less than 18 years of age. No person who has been convicted in a court of competent jurisdiction of any crime involving sexual assault, sexual battery, prostitution, rape, sexual offenses against children, unnatural sex acts, public indecency, or any other sex act, whether attempted or consummated, prohibited by law for which (a) less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense; (b) less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; (c) less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later offenses occurring within any 24-month period shall be employed by an adult entertainment establishment.

b.

No person who is convicted in a court of competent jurisdiction of any of the above-noted crimes while employed in an adult entertainment establishment shall thereafter work on any premises requiring a license under this section for the applicable time period described above.

c.

Application for permit shall be written and on forms supplied by the office of the zoning administrator of McDuffie County. Such application shall state the name, address, social security number and date of birth of the applicant, the name and address of the employer, the name and address of the place of employment and any other information reasonably required by the zoning administrator in verifying the fight of the applicant to obtain a permit, including a set of fingerprints on regular sheriff's department or United Department of Justice forms.

(2)

Approval for employment.

a.

A permit to work in or be employed by an adult entertainment establishment shall be required for all employees thereof.

b.

No person requiring a permit may be employed by or work in an establishment until such person has filed an application, paid the fee to and obtain a work permit from the zoning administrator of McDuffie County. The zoning administrator shall immediately issue said permit upon the filing of an application and payment of the fee, which permit shall be conditional and subject to revocation upon the determination by the zoning administrator following investigation of the applicant that the applicant is not qualified to be an employee under this section. Upon such determination the zoning administrator shall notify the applicant of such decision in writing and the basis thereof. Any such decision shall be final and revocation shall become effective unless an appeal is filed with and to the McDuffie County Board of Commissioners by the aggrieved party on or before ten days of the date of receipt by the aggrieved party of the decision of the zoning administrator. A hearing by the commission of the appeal shall occur within 30 days of its filing at a regular or special meeting of the commissioners.

c.

Any permit for employment issued hereunder shall expire 12 months from the date of issuance unless earlier revoked. A nonrefundable annual fee of $50.00 shall be paid to the planning commission of McDuffie County to defray, in part, the cost of investigation and report required by this section.

d.

It shall be the duty of all licenses of an adult entertainment establishment to file with the zoning administrator of McDuffie County the names of all employees with their home addresses, home telephone numbers, dates of birth, social security numbers and places of employment. Changes in the list of employees must be filed with the zoning administrator of McDuffie County within three days from the date of any such change.

e.

For the purpose of this section, independent contractors shall be deemed employees and shall be licensed as employees, regardless of the business relationship with the owner or license of an adult entertainment establishment.

f.

Employees holding permits issued pursuant to the section shall at all times during their working hours have said permits available for inspection at the premises.

(Ord. of 5-18-99, §§ 1—19)

(a)

Purpose and compliance.

(1)

O.C.G.A. §§ 32-4-929(a)(10) and 32-4-42(6) authorizes McDuffie County, Georgia, hereafter "the county", to establish reasonable regulations for the installation, construction, maintenance, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers, traffic and other signals, and other equipment, facilities, or appliances in, on, along, over, or under the public roads of the county. Further, 47 U.S.C. § 253(c) provides that the county has authority to manage its public rights-of-way. Finally, the Georgia Streamlining Wireless Facilities and Antennas Act, O.C.G.A. tit. 36, ch. 66C (the "SWFAA"), addresses the placement of small wireless facilities in the public rights-of-way of the county.

(2)

The county finds it is in the best interest of the county and its residents and businesses to establish requirements, specifications, and reasonable conditions regarding placement of small wireless facilities, poles in the public rights-of-way. These requirements, specifications, and conditions are adopted in order to protect the public health, safety, and welfare of the residents and businesses of the county and to reasonably manage and protect the public rights-of-way and its uses in the county.

(3)

The objective of this section is to (i) implement the SWFAA; and (ii) ensure use of the public rights-of-way is consistent with the design, appearance and other features of nearby land uses, protects the integrity of historic, cultural and scenic resources and does not harm residents' quality of life.

(b)

Definitions. Unless defined below, terms used in this section shall have the meanings given them in O.C.G.A. § 36-66C-2.

(c)

Permits.

(1)

A permit is required to collocate a small wireless facility in the public right-of-way or to install, modify, or replace a pole or a decorative pole in the public right-of-way. A permit is not required to perform the activities described in O.C.G.A. § 36-66C-6(e) or (f).

(2)

Any person seeking to collocate a small wireless facility in the public right-of-way or to install, modify, or replace a pole or a decorative pole in the public right of way shall submit an application to the county planning commission for a permit. Applications are available from the county planning commission. The application template is included as exhibit A to the ordinance from which this section derived. Any material change to information contained in an application shall be submitted in writing to the county planning commission within 30 days after the events necessitating the change.

(3)

Each application for a permit shall include the maximum application fees permitted under O.C.G.A. § 36-66C-5(a)(1)—(3). Such maximum application fees shall automatically increase on January 1 of each year beginning January 1, 2021, as provided under O.C.G.A. § 36-66C-5(b).

(4)

The county planning commission shall review applications for permits according to the timelines and using the procedures identified in O.C.G.A. §§ 36-66C-7 and 36-66C-13.

(5)

Applications for permits shall be approved except as follows:

a.

In order to receive a permit to install a pole or replace a decorative pole, the applicant must have determined after diligent investigation that it cannot meet the service objectives of the permit by collocating on an existing pole or support structure on which:

1.

The applicant has the right to collocate subject to reasonable terms and conditions; and

2.

Such collocation would not impose technical limitations or significant additional costs. The applicant shall certify that it has made such a determination in good faith, based on the assessment of a licensed engineer, and shall provide a written summary of the basis for such determination.

b.

The county planning commission may deny an application for a permit upon any of the conditions identified in O.C.G.A. § 36-66C-7(j).

c.

For applications for new poles in the public right-of-way in areas zoned for residential use, the county planning commission may propose an alternate location in the public right-of-way within 100 feet of the location set forth in the application, and the wireless provider shall use the county planning commission's proposed alternate location unless the location imposes technical limits or significant additional costs. The wireless provider shall certify that it has made such a determination in good faith, based on the assessment of a licensed engineer, and it shall provide a written summary of the basis for such determination.

(6)

A permit issued under this section shall authorize such person to occupy the public rights-of-way to (i) collocate a small wireless facility on or adjacent to a pole or a support structure that does not exceed the limitations set forth in O.C.G.A. § 36-66C-7(h)(3) or on or adjacent to a decorative pole in compliance with O.C.G.A. § 36-66C-12; and (ii) install, modify, or replace a pole or decorative pole for collocation of a small wireless facility that does not exceed the limitations set forth in O.C.G.A. § 36-66C-7(h)(1) and (h)(2).

(7)

Upon the issuance of a permit under this section, and on each anniversary of such issuance, every person issued a permit shall submit to the county the maximum annual payments permitted under O.C.G.A. § 36-66C-5(a)(4) and (a)(5); provided, however, that if such person removes its small wireless facilities form the public rights-of-way pursuant to O.C.G.A. § 36-66C-5(e), then such person shall be responsible for the pro rata portion of the annual payment based on the number of days of occupation since the last annual payment. Upon making such pro rata payment and removal of the small wireless facilities, the person's annual payment obligations under this section shall cease as of the date of the actual removal. The maximum annual payments shall automatically increase on January 1 of each year beginning January 1, 2021, as provided under O.C.G.A. § 36-66C-5(b).

(8)

Any person issued a permit shall pay the fees identified in O.C.G.A. § 36- 66C-5(a)(6) and (a)(7), as applicable.

(9)

The county may revoke a permit issued pursuant to this section if the wireless provider or its equipment placed in the public right-of-way under that permit subsequently is not in compliance with any provision of this section or the Georgia Streamlining Wireless Facilities and Antennas Act. Upon revocation, the county may proceed according to subsection (c)(10).

(10)

If a wireless provider occupies the public rights-of-way without obtaining a permit required by this section or without complying with the SWFAA, then the county may, at the sole discretion of the county, restore the right-of-way, to the extent practicable in the reasonable judgment of the county, to its condition prior to the unpermitted collocation or installation and to charge the responsible wireless provider the reasonable, documented cost of the county in doing so, plus a penalty not to exceed $1,000.00. The county may suspend the ability of the wireless provider to receive any new permits from the county under this section until the wireless provider has paid the amount assessed for such restoration costs and the penalty assessed, if any; provided, however, that the county may not suspend such ability of any applicant that has deposited the amount in controversy in escrow pending an adjudication of the merits of the dispute by a court of competent jurisdiction.

(11)

All accepted applications for permits shall be publicly available subject to the limitations identified in O.C.G.A. § 36-66C-6(c).

(12)

An applicant may file a consolidated application related to multiple small wireless facilities, poles or decorative poles so long as such consolidated application meets the requirements of O.C.G.A. § 36-66C-13.

(13)

Activities authorized under a permit shall be completed within the timelines provided in O.C.G.A. § 36-66C-7(k)(2).

(14)

Issuance of a permit authorizes the applicant to (i) undertake the collocation, installation, modification or replacement approved by the permit and (ii) operate and maintain the small wireless facilities and any associated pole covered by the permit for a period of ten years.

(15)

Permits shall be renewed following the expiration of the term identified in subsection (c)(14) upon the terms and conditions identified in O.C.G.A. § 36-66C-7(k)(2)(B).

(16)

If an application for a permit seeks to collocate small wireless facilities on authority poles in the public rights of way, then the county shall, within 60 days of receipt of the completed application, (i) provide a good faith estimate for any make-ready work necessary to enable the authority pole to support the proposed facility; or (ii) notify the wireless provider that the wireless provider will be required to perform the make-ready work. Any make-ready work performed by the county shall be completed pursuant to and in accordance with the provisions of O.C.G.A. § 36-66C-7(n).

(d)

Removal; relocation; reconditioning; replacement; abandonment.

(1)

A person may remove its small wireless facilities from the public rights-of-way according to the procedures of O.C.G.A. § 36-66C-5(e).

(2)

In the event of a removal under subsection (d)(1), the right-of-way shall be, to the extent practicable in the reasonable judgment of the county, restored to its condition prior to the removal. If a person fails to return the right of way, to the extent practicable in the reasonable judgment of the county, to its condition prior to the removal within 90 days of the removal, the county may, at the sole discretion of the county, restore the right of way to such condition and charge the person the county's reasonable, documented cost of removal and restoration, plus a penalty not to exceed $500.00. The county may suspend the ability of the person to receive any new permits under this section until the person has paid the amount assessed for such restoration costs and the penalty assessed, if any; provided, however, that the county will not suspend such ability of any person that has deposited the amount in controversy in escrow pending an adjudication of the merits of the dispute by a court of competent jurisdiction.

(3)

If, in the reasonable exercise of police powers, the county determines (i) a pole or support structure unreasonably interferes with the widening, repair, reconstruction, or relocation of a public road or highway; or (ii) relocation of poles, support structures, or small wireless facilities is required as a result of a public project, the wireless provider shall relocate such poles, support structures, or small wireless facilities pursuant to and in accordance with the provisions of O.C.G.A. § 36-66C-7(l). If the wireless provider fails to relocate a pole, support structure or small wireless facility or fails to provide a written good faith estimate of the time needed to relocate the pole, support structure or small wireless within the time period prescribed in O.C.G.A. § 36-66C-7(l), the county make take the actions authorized by O.C.G.A. § 36-66C-7(o), in addition to any other powers under applicable law.

(4)

The county shall recondition and replace authority poles consistent with the provisions of O.C.G.A. § 36-66C-7(m). Wireless providers shall accommodate and cooperate with reconditioning and replacement consistent with the provisions of O.C.G.A. § 36-66C-7(m).

(5)

A wireless provider must notify the county of its decision to abandon any small wireless facility, support structure or pole pursuant to and in accordance with the provisions of O.C.G.A. § 36-66C-7(p)(1). The wireless provider shall perform all acts and duties identified in O.C.G.A. § 36-66C-7(p) regarding abandonment. The county may take all actions and exercise all powers authorized under O.C.G.A. § 36-66C-7(p) upon abandonment, in addition to any other powers under applicable law.

(e)

Standards.

(1)

Small wireless facilities and new, modified, or replacement poles to be used for collocation of small wireless facilities may be placed in the public right-of-way as a permitted use (i) upon a receipt of a permit under this section; (ii) subject to applicable codes; and (iii) so long as such small wireless facilities and new, modified, or replacement poles to be used for collocation of small wireless facilities comply with the appropriate provisions of O.C.G.A. § 36-66C-7(h).

(2)

A decorative pole should only be located where an existing pole can be removed and replaced, or at a new location where the county has identified that a streetlight is necessary.

(3)

Unless it is determined that another design is less intrusive, or placement is required under applicable law, small wireless facilities shall be concealed as follows:

a.

Antennas located at the top of poles and support structures shall be incorporated into the pole or support structure, or placed within shrouds of a size such that the antenna appears to be part of the pole or support structure.

b.

Antennas placed elsewhere on a pole or support structure shall be integrated into the pole or support structure, or be designed and placed to minimize visual impacts.

c.

Radio units or equipment cabinets holding radio units and mounted on a pole shall be placed as high as possible, located to avoid interfering with, or creating any hazard to, any other use of the public rights of way, and located on one side of the pole. Unless the radio units or equipment cabinets can be concealed by appropriate traffic signage, radio units or equipment cabinets mounted below the communications space on poles shall be designed so that the largest dimension is vertical, and the width is such that the radio units or equipment cabinets are minimally visible from the opposite side of the pole on which they are placed.

d.

Wiring and cabling shall be neat and concealed within or flush to the pole or support structure, ensuring concealment of these components to the greatest extent possible.

(4)

Notwithstanding any provision of this section to the contrary, an applicant may collocate a small wireless facility within a historic district, and may place or replace a pole within a historic district, only upon satisfaction of the following: (i) issuance of a permit under this section; and (ii) compliance with applicable codes.

(5)

Notwithstanding any provision of this section to the contrary, an applicant may collocate a small wireless facility on a decorative pole, or may replace a decorative pole with a new decorative pole, in the event the existing decorative pole will not structurally support the attachment, only upon satisfaction of the following: (i) issuance of a permit under this section; and (ii) compliance with applicable codes.

(Ord. No. 19-03, § 1, 9-17-19)