Except as hereinafter specifically provided, the following regulations shall apply:

Whenever any provision of this ordinance imposes more stringent requirements, regulations, restrictions or limitations that are imposed or required by the provisions of any other law or ordinance, the provisions of this ordinance shall govern.

No building or structure, or part thereof, shall hereinafter be erected, constructed, reconstructed, or altered and maintained, and no new use or change shall be made or maintained of any building, structure or land, or part thereof, except in conformity with the provisions of this ordinance.

Except as herein provided, there shall be no more than one principal dwelling per lot or parcel other than within PUD. However, in R2 and AG zones within the unincorporated areas of Mitchell County, as many as four residential uses on any parcel of land under single ownership shall be permitted. All residential uses shall meet the following conditions:

A.

Each residential use shall occupy a land area of not less than one acre in size, shall comply with the provisions of article X hereof, and require a site plan.

B.

Each such land area shall have a numerical address.

C.

Each such land area shall receive approval from the Mitchell County Health Authorities as to its suitability as a site for an effective sanitary sewage disposal system designed to accommodate wastes generated by the user of that property site.

An acceptable domestic water supply shall be available to each satellite user of this special provision and such water supply shall meet local public requirements as administered by the Mitchell County Health Authorities.

D.

Each such use shall be accessible either by private drive or public roadway to the public thoroughfare system.

E.

Facilities established under this special provision for residential use shall meet the requirements of local construction and use codes established by the Mitchell County Commission. The building inspector will not issue permits for construction prior to the approval of each of the aforementioned conditions.

(Ord. No. 2004-003, §§ 1, 2, 5-11-2004; Ord. No. 2021-005, § 1(Exh. A), 4-13-2021)

Any residentially zoned lot which was of record at the time of the adoption of this ordinance that does not meet the requirements of this ordinance for yards or other area or open space, may be utilized for single residence purposes. However, all substandard lots must have health department approval for placement of well and septic tanks. The purpose is to permit utilization of recorded lots, which lack adequate width or depth as long as reasonable living standards can be provided.

Every principal building shall have required frontage, except that in the case of the planned unit developments, variations may be allowed by the planning commission with due regard for the overall health, welfare, safety and convenience of the people.

No residential structure shall be erected or placed upon the rear or side of a lot or upon a lot with another dwelling in a residential zone without approval.

In all districts, no fence, wall, hedge or shrub planting which obstructs the site lines at elevations between two and 12 feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection of the street lines, or in the case of a rounded property corner, from the intersection of the street property lines extended. No trees shall be permitted to remain within such distances of such intersections unless the foliage line is maintained to comply with the above site lines.

No lot shall be reduced in size so that yard, lot width, lot area or other requirements of this ordinance are not maintained.

Accessory buildings, except as otherwise permitted in this ordinance, shall be subject to the following regulations:

A.

Where the accessory building is structurally attached to a main building, it shall be subject to and must conform to all regulations of this ordinance applicable to principal buildings.

B.

Manufactured or mobile homes are prohibited to be used as accessory buildings.

C.

Accessory buildings, except garages, shall be erected in any part of the yard except a front yard, providing further that in no instance shall such a building be nearer than ten feet to any adjoining side lot line or rear lot line.

D.

An accessory building shall not exceed one story or 14 feet in height, and in no instance shall the accessory building exceed the ground floor area of the principal building.

E.

No detached accessory building shall be located closer than 15 feet to any principal building.

F.

In the case of double frontage lots, accessory buildings shall observe front yard requirements on both street frontages wherever there are any principal buildings fronting on said streets in the same block or adjacent blocks.

G.

When an accessory building is to be located on a corner lot, the side lot line of which is substantially a continuation of the front lot line of the lot to its rear, said building shall not project beyond the front yard line required on the lot in rear of such corner lot.

H.

Garages. In any residence zone, no garage shall be erected closer to the side lot line than the permitted distance for the dwelling. Freestanding garages shall be completely to the rear of the dwelling in which event, the garage may be erected ten feet from the side and rear lot line.

I.

Carport. In any residential zone, no carport shall be erected, constructed or altered closer to the side lot line than the permitted distance for the dwelling, nor beyond the front line of the house to which it is attached.

A.

It shall be a prohibited use in all residentially zoned districts and residential lots to park or store in the open, wrecked or junked vehicles, power driven construction equipment, used lumber, metal or rubbish, or any other miscellaneous scrap or salvageable material in quantity.

B.

Kennels.

C.

Wrecked or junked vehicle "in open" buildings.

In order to provide adequate protective screening the following regulation shall apply:

Where a commercial or industrial district abuts directly upon another district, a landscaped greenbelt, not less than 20 feet wide, shall be provided and maintained along its entire length by the owners of these properties. Such greenbelt shall be planted with deciduous trees, evergreens, flowering trees and/or ornamental trees set not closer than six feet to the fence or wall. The remainder of the landscaped area, which is not planted with the aforementioned stock, shall be in well-kept lawn. All landscaping shall be maintained in a healthy growing condition. All planting plans shall be first submitted to the planning commission for approval as to suitability of planting materials and arrangement thereof in accordance with the provisions of this ordinance.

Junkyards and nonconforming junkyards shall comply with the above greenbelt, with tree plantings dense enough to interrupt noise and vision to a height of eight feet, within five years. A visual fence may be substituted and shall be constructed of wood, chain link with slats, or other materials approved by the planning commission.

It is recognized that areas are changing from agricultural to suburban residential in character. This section is intended to minimize problems that may arise from such animal uses and to provide suitable standards for protection of health, safety, welfare and preservation of residential districts from indiscriminate raising of animals.

A.

Permitted uses:

1.

Domestic pets: Cats, dogs, rabbits, or other generally recognized domestic pets may be kept or bred by persons residing on the property for their use and enjoyment.

2.

These permitted use provisions for animals in residential districts are meant to apply only outside of the residence on an individual lot and are not intended to restrict the type or number of animals within a residence.

B.

Conditional uses:

1.

Livestock: Horses, cows, ponies, donkeys, and other domestic livestock may be kept, raised or bred for home use and enjoyment; provided that only two such animals shall be permitted for each two acres of land area, and shall be adequately contained by fence within that property. The keeping of any swine is specifically prohibited.

2.

Fowl: Ducks, quail, chickens, turkeys, pigeons, pheasants, etc., may be raised for home use, provided such fowl are adequately contained (penned) on property. No more than 12 fowl are allowed.

C.

Uses prohibited:

1.

The keeping, breeding, or training of any animals or fowl for monetary gain or profit shall be deemed a commercial business and is expressly prohibited in all residential (R-1 and R-2) districts.

Travel trailers and motor homes shall only be utilized as a permanent dwelling in travel trailer and manufactured home parks. (Occupancy exceeding 60 days shall be considered permanent.)

Mobile homes that do not bear a HUD insignia (built prior to June 15, 1976) are prohibited in Mitchell County. Existing mobile homes in Mitchell County must be brought up to code prior to moving within the county.

Manufactured homes shall not be stored on a lot or parcel more than 30 days. Manufactured homes are prohibited to be used as an accessory building.

Joining or connecting two or more manufactured homes is not permitted.

All manufactured homes must be properly skirted within 30 days of placement.

(Public hearing required.) Before a building permit or certificate of occupancy shall be issued for a conditional use, application shall be made to the planning commission which, after careful review of any applicable sections of this ordinance, may recommend to the county commission the issuance of such permit or approval, if in the judgment of the planning commission it will not be detrimental to the health, safety, and general welfare of Mitchell County.

An application to establish a conditional use shall be approved following a review by the planning commission and a determination by the Mitchell County Board of Commissioners that:

A.

The proposed use will not be contrary to the purpose of this ordinance.

B.

The proposed use will not be detrimental to the use or development of adjacent properties or the general neighborhood nor affect adversely the health and safety of residents and workers.

C.

The proposed use will not constitute a nuisance or hazard because of the number of persons who will attend or use such facility, vehicular movement, noise or fumes generation, or type of physical activity.

D.

The proposed use will not be affected adversely by the existing uses; and the proposed use will be placed on a lot of sufficient size to satisfy the space requirements of said use.

E.

The parking and all development standards set forth for each particular use for which a permit may be granted have been met.

F.

Provided, that the county commission may impose or require such additional restrictions and standards as may be necessary to protect the health and safety of workers and residents in the community, and to protect the value and use of property in the general neighborhood; and provided that wherever the county commission shall find, in the case of any permit granted, pursuant to the provision of these regulations that any term, conditions or restrictions upon which such permit was granted are not being complied with, said commission shall rescind and revoke such permit after giving due notice to all parties concerned and granting full opportunity for a public hearing.

The Mitchell County Board of Commissioners may change, modify or otherwise impose conditions on any rezoning proposal that would be in the interest of public health, safety or general welfare.

The purpose of this section is to establish standards and regulations for the siting of antennas and towers. The goals are to: (1) encourage the location of towers in nonresidential areas and minimize the total number of towers throughout the county, (2) encourage strongly the joint use of new and existing tower sites, (3) encourage locating towers and antennas, to the extent possible, in areas where the adverse impact on the community is minimal, (4) encourage configuration in a way that minimizes the adverse visual impact of the towers and antennas, (5) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently.

A.

Each applicant requesting a conditional use permit for an antenna and/or tower will be required to submit:

1).

Letter of authorization signed by the owner and notarized granting permission to the agent, with a copy of the lease agreement.

2).

Plat of property and site plan showing approved drives, setbacks, and other ordinance requirements.

3).

DOT/county driveway approval, as required.

4).

FCC and FAA acknowledgement.

5).

Inventory of existing tower sites that are within the county and within one-quarter mile of the border thereof, including specific information about the location, height, and design of each tower.

6).

Documentation concerning prospective carrier(s).

B.

The following shall govern the location of all towers and the installation of all antennas:

•

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, so as to reduce visual obtrusiveness.

•

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.

•

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.

•

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. Telecommunication Towers and Antennas must be setback a distance equal to the height of the tower or antenna plus fifty (50) feet from all property lines.

C.

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 90 days, the governing authority may, in the manner provided in sections 41-2-8 through 41-2-17 of the Official Code of Georgia [O.C.G.A. §§ 41-2-8—41-2-17], 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. No. 2006-004, § 1, 8-8-2006)

A.

Appeals. The Mitchell County Board of Commissioners shall hear and decide appeals where there is alleged error in any order, requirements, decision, or determination made by the zoning administrator or other administrative official in the enforcement and interpretation of this ordinance. Such appeals shall be made within 30 days of the administrative action by filing with the Mitchell County Clerk and with the Mitchell County Board of Commissioners a "notice of appeal" specifying the grounds thereof. If the notice of appeal is not filed within 30 days, the only recourse shall be a court of record.

The county clerk shall then transmit to the board of commissioners all of the papers constituting the record upon which the action appealed was taken. The appeal shall stay all proceedings in furtherance of the action appealed from, unless the zoning administrator certifies to the board of commissioners that after the notice of appeal has been filed, that by reason of the facts stated in the notice, a stay would in the zoning administrator's opinion, cause immediate peril to life or property, in which case the proceedings shall not be stayed, other than by a restraining order, which may be granted by a court of record.

The board of commissioners shall fix a reasonable amount of time for the hearing of an appeal and shall give due notice to the parties concerned including all landowners within 300 feet of the premises in question. Such notice shall be delivered personally or by mail address to the respective owners at the address given on the last assessment roll. The board of commissioners shall decide the appeal within a reasonable period of time with regard to the purposes of the ordinance. Upon the hearing, any party may appear in person or agent.

In the event that the petitioner for an appeal remains discontented with the board of commissioners decision on an appeal application, the petitioner shall have 30 days to appeal the action to the superior court system.

B.

Variances. The planning commission may recommend approval of a variance to the Mitchell County Board of Commissioners which shall have the power to authorize upon appeal such variance from the terms of this resolution as will not be contrary to the public interest, where a literal enforcement of the zoning requirements would result in undue hardship. Variances will first be reviewed by the planning commission and recommendation made to the county commission. (Public hearing required.) Such variance may be granted in such individual case of unnecessary hardship upon a finding by the board that:

1.

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography; and

2.

The application of the ordinance to this particular piece of property would create an unnecessary hardship; and

3.

Such conditions are peculiar to the particular piece of property involved; and

4.

Relief, if granted, would not cause substantial detriment to the public interest or impair the purposes and intent of this ordinance, provided, however, that no variance may be granted for a use of land or building which use is prohibited by this ordinance. The county will control the actual use of properties through zoning and conditional uses and not through a grant of variance.

The planning commission may recommend to the board of commissioners the approval of a hardship use variance for the placement of one manufactured home or travel trailer on a lot where an existing home is located for a one-year period. The application for such a variance shall follow the general procedures for the rezoning, including advertisement and public hearing requirements. The placement of one hardship manufactured home or travel trailer on an occupied residential lot may be allowed if it is established that a genuine hardship exists only by reason of medical disability or age and all of the following variance criteria are met:

A.

The subject occupant of the manufactured home or travel trailer is a relative by blood or marriage of the owner of the property which shall be shown by sworn affidavit; and

B.

Documentation of medical disability or age infirmity is required to be certified by a medical doctor's statement. This certification will be valid for a one year period. If an extension is needed after one year, a new application including a medical doctor's statement shall be submitted. Readvertising will not be required and the fee will be waived, and approval can be granted by the zoning administrator; and

C.

Said manufactured home or travel trailer shall be removed from the premises within 60 days after the specified disability ceases to exist; and

D.

Under no circumstance shall the manufactured home or travel trailer be rented or otherwise occupied by anyone other than the approved applicant, nor shall it be used for storage, or other similar uses; and

E.

The Mitchell County Health Department approves the temporary placement of a second dwelling on the proposed property; and

F.

The planning commission may impose reasonable requirements that would affect the interests of the public health, safety and general welfare.

A rural business shall be secondary or incidental to the primary use of property for agricultural or residential purposes. Such business shall be primarily directed toward providing local or neighborhood services to rural-residential areas. A rural business is intended to be for commercial uses of smaller size, intensity, and scale than is commonly found in commercial zoning districts. Rural businesses shall be similar to home occupations except that the activity can occur in an accessory structure detached from the principal residence. In addition, an application for rural business must have established residency and be living in residence upon the subject property prior to any application being filed for consideration by the planning commission.

A.

Permitted uses:

1.

Offices.

2.

Beauty and barbershops.

3.

Retail sales or services of a specialty nature; antique shops, specialty foods, custom made sporting goods, meat cutting as a retail service to the public, provided, however, that no slaughtering or wholesale meat cutting or processing is permitted.

4.

Small repair shops for appliances, machinery, farm equipment or automobiles with the following limitations:

a.

Repair shops shall not create noise, noxious odors, bothersome illumination or any hazard that would adversely affect the health, safety or welfare of the adjoining property owners or the neighborhood in general.

b.

Outdoor storage of inoperable machinery, equipment or vehicles shall be prohibited.

c.

No more than two vehicles shall actually be serviced, actively worked on, or repaired at any one time.

d.

All spare parts (new or used) shall be stored within a structure and the storage space shall be included in the total space allocated for the rural business.

5.

Small businesses similar to the above, as approved by the planning commission.

B.

Prohibited uses:

1.

Retail sales of gasoline, service stations, mechanical, or do it yourself car washes.

2.

Truck terminals, heavy equipment rental.

3.

Industrial or manufacturing uses which require specialized equipment not ordinarily associated with agricultural and residential uses, i.e., forges, large milling machines, poultry or meat processing or packing equipment (except as provided for above).

4.

Drive-in theaters, restaurants, entertainment facilities, skating rinks or any use that as a result of its normal operation would generate large amounts of vehicular traffic.

5.

Any use which is clearly out of scale or character with an agricultural and residential area.

C.

Development standards:

The following standards shall apply to all rural businesses unless specifically exempted by the planning commission. The petitioner must satisfactorily demonstrate that exemption from one or more of these standards will not result in adverse impacts on the surrounding property. The planning commission cannot exempt the following standards: 1, 2, 3, 4, and 6. A modification of development standards 3, 5, 7, and 8 shall only be permitted if: a) there are special and unusual topographic conditions unique to the property or structure, or (b) the proposed use is of such a small scale that conducting or operating the business would not be obvious or noticeable from the adjoining property or by the public in general, and will remain the same, and (c) a modification of the development standards shall only if the intent of the rural business section is maintained.

1.

An approved rural business should only be valid as long as the original petitioner owns and operates the business and business license is issued to the petitioner. If the business license expires, or the petitioner wishes to sell or transfer the business or license, the planning commission approval would be void and a new application shall be submitted to the planning commission for consideration.

2.

The property containing the site of the rural business must also be the bona fide residence of the petitioner and principal practitioner.

3.

Structure:

a.

Any detached structure (existing or proposed) housing the rural business must be located to the sides or the rear of the principal residence of the property.

b.

The structure shall not contain any equipment that would not ordinarily be found in accessory structures in an agricultural/residential district. Such a structure shall be readily and easily usable of customary agricultural and residential uses. The architectural style shall be in keeping with the surrounding agricultural and residential development.

4.

Rural business shall be located on property containing at least one acre of land and the site upon which the business is actually conducted shall not exceed one-half acre of land.

5.

A rural business shall be limited to a total of 1,000 square feet of gross floor area.

6.

Only one non-illuminated sign, limited to a maximum of sixteen square feet shall be permitted. This sign may have two faces of 16 square feet each, back to back, on one set of supports.

7.

Off-street parking shall be provided as set out in article XVIII.

8.

Only two employees, excluding immediate family members, shall be permitted.

The purpose of this section is to allow business enterprises, referred to as home occupations, to be permitted in all zones, both owner-occupied and leased properties, provided the proposed occupation satisfies the definition of home occupation as stated in article III and complies with any applicable county or state regulations. A home occupation is not intended to provide walk-in or retail services, thereby replacing commercially zoned properties. Uses that will not be permitted for a home occupation include any form of motor vehicle and/or engine repair.

A.

Application requirements: Any member of a family occupying a dwelling may make an application with the zoning administrator. Such application shall contain the following:

1.

The site address, mailing address, tax assessor's map and parcel number of the property;

2.

A written description of the proposed home occupation in business letter format addressed to the zoning administrator and containing all contact information. If the proposed location of the home occupation is a leased property, a letter and signature from the property manager or owner is required; and

3.

A nonrefundable filing fee in an amount which shall be established, and may be changed, by the board of commissioners.

B.

Level of review:

1.

Type One: Approval by the zoning administration. In order to administratively approve a home occupation (Type One), the zoning administrator must find that the application satisfies the following standards for a home occupation:

a.

The occupation is to be conducted on the subject property;

b.

The residential character of the main building or accessory dwelling unit must be maintained;

c.

The business must be conducted in such a manner as not to give an outward appearance, nor outwardly manifest any characteristic of a business, with the exception of an exterior sign, which shall be restricted to one nonilluminated name place which is not more than two square feet in area, attached to the building and shall contain only the name and occupation of the resident of the premises. No other display shall be used;

d.

The occupation must not infringe upon the ability of the neighborhood and its residents to enjoy the peaceful occupancy of their homes;

e.

No increase in traffic or noise may be expected other than that attributed to normal residential usage or infrequent deliveries;

f.

No open storage or display of goods, equipment or materials not customary in residential areas shall be permitted;

g.

No mechanical equipment shall be used for a home occupation, except that which is normally used for domestic or agricultural purposes;

h.

The subject property has no outstanding general nuisance or building code violations; and

i.

The zoning administrator may impose additional standards reasonably related to the protection of the health, safety, morals, comfort, and general welfare of the persons or property in the neighborhood of the home occupation business or the county.

2.

Type Two: Administrative review. Home occupations that may have noticeable impacts on the neighborhood, such as increase in traffic, noise, odor, will require a petition of signatures of neighboring property owners. With such review, the zoning administrator may schedule a public hearing before the planning commission and board of commissioners.

C.

Referral. Whenever there is a question as to whether an application satisfies the home occupation standards, such as a Type Two application, the zoning administrator may refer the application to the planning commission and board of commissioners.

D.

Appeal. An administrative decision by the zoning administrator may be appealed to the planning commission, and a planning commission decision may be appealed to the board of commissioners, pursuant to the provisions of section 5.21(A).

E.

Review and enforcement. If it is determined that the home occupation requirements for an approved application are not being fulfilled, the zoning administrator may refer said home occupation to the board of commissioners for review in accordance with the requirements of this section. Where an approved home occupation is not in compliance with the requirements of this section, the board of commissioners may revoke the home occupation permit after notice and hearing.

(Ord. No. 2021-005, § 1(Exh. A), 4-13-2021)

All outdoor shooting ranges must comply with the following requirements:

•

Shooting ranges must be a minimum of 20 acres,

•

All shooting areas shall be set back a minimum distance of 100 feet from any street right-of-way, the firing range shall have a natural earth embankment at least ten feet high placed behind all targets within the shooting area,

•

The firing range shall be posted "No Trespassing-Danger-Shooting Range," at 100-foot intervals around the perimeter,

•

At least one qualified individual in the sponsoring club or organization shall be certified for shooting range supervision. Each facility shall adopt safety rules and regulations as determined by the sponsoring club or organization,

•

An ancillary retail store is allowed but no selling of alcoholic beverages,

•

A site plan must be submitted to the county that indicates the location of stakes, targets, and backstops, etc.

•

The applicant is required to reapply for a business license and provide any site plan changes annually.

(Ord. No. 2021-005, § 1(Exh. A), 4-13-2021)