The following regulations shall apply to all manufactured homes and to all manufactured home parks within the unincorporated area of the county:

Manufactured home class A: A class "A" manufactured home will meet the following standards:

1.

Contain more than seven hundred fifty (750) square feet of occupied space in a single, double, expanded, or multi-section unit (including those with add-a-room units).

2.

Be placed on a permanent foundation.

3.

Wheels, axles, and hitch mechanisms will be removed.

4.

Utilities will be connected in accordance with manufacturer's specifications and state requirements.

5.

Bear an insignia of compliance with the Manufactured Housing Construction and Safety Standards Code as of June 15, 1976, and at the time of placement meets applicable building codes.

Manufactured home class C: A class "C" manufactured home (built before 1976) will meet the following standards:

6.

Contain more than three hundred twenty (320) square feet of occupied space in a single, double, expanded, or multi-section unit (including those with add-a-room units).

7.

Be placed on a support system in accordance with approved installation standards.

8.

Be enclosed with foundation siding/skirting in accordance with approved installation standards.

9.

Utilities will be connected in accordance with a manufacturer's specifications and state requirements.

10.

Bear an insignia of compliance with the Manufactured Housing Construction and Safety Standards Code as of June 15, 1976, and at the time of placement meets applicable building codes.

(1)

The manufactured home shall be connected to an approved water supply and sewage disposal systems and must meet any other applicable local, state, or federal requirements for the home and any external utility installations.

(2)

The tongue, axles, transporting lights, and any removable towing apparatus shall be removed from the manufactured home after placement on the lot and before occupancy.

(3)

A set of permanent steps shall be provided where necessary for access to and from each exterior door on the manufactured home.

(4)

All manufactured home in all zoning districts must be underpinned within sixty (60) days of the issuance of a building permit. All manufactured homes in an agricultural district shall be underpinned with manufactured vinyl or aluminum skirting or masonry.

81.2.1.

Temporary use of manufactured homes. One (1) manufactured home may be used on a temporary basis in the following cases. All such units shall meet all other local, state, and federal requirements that may apply.

One (1) manufactured home or similar mobile structure designed for other than residential purposes may be used in any district as a temporary office, security shelter, or shelter for materials or tools incidental to construction or development on the same lot. A single manufactured home or similar mobile structure may be used as a temporary residence during construction in any zoning district. These uses require a certificate of zoning compliance and are permitted for a period not to exceed six(6) months, unless the zoning enforcement officer finds that actual construction is continuing.

The zoning officer has the power to approve an application for an additional single-family dwelling on the same lot or parcel of land if he or she sees fit, subject to the following additional provisions:

1.

Zoning district requirement. The main dwelling is located in an A or R district.

2.

Lot and yard requirements. Each additional dwelling conforms to the development standards for the district in which it is located.

3.

Arrangement. The arrangement of such additional dwelling is in such manner that, if the lot or parcel is ever subdivided, no substandard lots or nonconforming buildings are created. However, if the additional dwelling is 1000 square feet or less of heated space and the property owner lives on the property, the additional dwelling will be allowed even if it creates a substandard lot.

4.

Total number of units. No more than two (2) units on a single lot shall be permitted, with the exception of tenant dwellings.

84.1.

Temporary buildings in conjunction with construction. Except as provided in section 81.2.1 of this resolution, temporary buildings used in conjunction with construction work only may be permitted in any district and shall be removed immediately upon the completion of construction. Such buildings shall also be removed in the event that construction is suspended for a period greater than six (6) months.

84.2.

Other temporary buildings and uses. The following requirements shall apply to all temporary uses located in an R district:

1.

No carnival or bazaar not held within a completely enclosed building shall be located within five hundred (500) feet of any dwelling used for residential purposes.

2.

All public address system equipment shall be located within a tent or other structure containing the temporary use.

84.3.

Accessory buildings (storage buildings) and uses. No accessory building or storage building can be a manufactured home, see section 32 of this resolution for definition of a manufactured home. The location of accessory buildings and uses in any district shall meet the following requirements:

1.

All detached accessory buildings and any accessory uses may not be located closer than six (6) feet from any property line.

Accessory buildings in a residential district shall meet the following requirements:

1.

Where an accessory building is attached to the main building, a substantial part of one (1) wall of the accessory building shall be an integral part of the main building, and such accessory building shall be attached to the main building in a substantial manner by a roof.

All private home swimming pools shall be considered accessory uses. Home swimming pools shall be located no closer than ten (10) feet from any property line and be enclosed by fencing at least four (4) feet in height.

Home businesses, where permitted, require a conditional use permit and are subject to the following requirements:

1.

Ownership of property. The applicant must be the owner of the property on which the home business is to be located or have written approval from the owner of the property.

2.

Persons operating the home occupation or business. The home occupation or business shall be operated only by occupants of the residence, and no article or service shall be sold or offered for sale except as may be produced by occupants of the residence.

3.

Location and size. The home occupation or business shall be restricted to the main building only and shall not occupy more than twenty-five (25) percent of the floor area within said building.

4.

Impacts on surrounding area. No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance to a greater or more frequent extent than that usually experienced in an average residential occupancy. No structural alterations may be made to a residence that shall alter or detract from its residential appearance or, likewise, alter or detract from the residential appearance of the surrounding area. For a home occupation, no on-premises retail sales shall be conducted. On-premises retail sales will be allowed for home businesses.

5.

Expiration. A conditional use permit for a home business shall expire whenever the applicant ceases to occupy the premises in which the home occupation is conducted or whenever the home occupation is discontinued for a period of six (6) consecutive months.

Within the districts permitting automobile service stations, the following requirements shall apply:

1.

Location. The property on which an automobile service station is located shall not be within one hundred (100) feet of any residential district or any property containing a school, public playground, church or place of worship, hospital, public library, or institution for children or dependents.

2.

Site requirements. An automobile service station shall have a minimum frontage on the primary street of one hundred fifty (150) feet and a minimum area of twelve thousand (12,000) square feet. All buildings shall be set back forty (40) feet from all street right-of-way lines and all canopies shall be set back fifteen (15) feet from all street right-of-way lines.

3.

Access to site. Vehicular entrances or exits at an automobile service station shall conform to the following requirements:

a.

There shall be no more than two (2) curb cuts for the first one hundred twenty (120) feet of street frontage or fraction thereof, plus no more than one (1) additional curb cut for each additional one hundred fifty (150) feet of street frontage, or fraction thereof.

b.

Vehicular entrances or exits shall contain an access width of not more than forty (40) feet as measured parallel to the street at its narrowest point and shall not be located closer than twenty (20) feet to a street intersection or closer than ten (10) feet to adjoining property.

c.

Curb cuts or driveways shall be not closer than one hundred twenty (120) feet from each other at both the right-of-way line and the curb or the edge of the pavement along a single street.

Gasoline pump islands. All gasoline pump islands shall be set back at least fifteen (15) feet from the right-of-way line, or where a future widening line has been established, the setback line shall be measured from such line. Where pump islands are constructed perpendicular to the right-of-way line, this setback requirement shall be increased to thirty (30) feet. All pumps shall be at least fifty (50) feet from the centerline of any street.

Storage of inflammable products. Outside aboveground tanks for the storage of gasoline, liquefied petroleum gas, oil, or other inflammable liquids and gases shall be contained in a secured location away from any other flammable materials.

87.1.

Purpose. The purpose of this section is to provide zoning classification requirements for the siting of all wireless, cellular, television and radio telecommunications towers and antennae; to encourage the location of towers in nonresidential areas; to minimize the total number of towers within the community necessary to provide adequate personal wireless services to residents of the unincorporated areas of the county; to encourage the joint use of new and existing tower sites among service providers; to locate telecommunications towers and antennae in areas where adverse impacts on the community are minimized; to encourage the design and construction of towers and antennae to minimize adverse visual impacts; and to enhance the ability of the providers of telecommunications services to deliver such services to the community effectively and efficiently.

For the purpose of this section, certain terms used herein shall be defined as follows:

Administrator means the administrative official responsible for the county zoning department.

Alternative tower structure means clock towers, bell towers, church steeples, light/power poles, electric transmission towers, on premises signs, outdoor advertising signs, water storage tanks, and similar natural or manmade alternative-design mounting structures that camouflage or conceal the presence of antennae or towers.

Antenna means any exterior apparatus designed for wireless telecommunication, radio, or television communications through the sending and/or receiving of electromagnetic waves.

Co-location means the placement of the antenna of two (2) or more service providers upon a single tower or alternative tower structure.

Department means the county zoning department.

Geographic antenna placement area means the general vicinity within which the placement of an antenna is necessary to meet the engineering requirements of an applicant's cellular network or other broadcasting need.

Governing authority means the board of commissioners of the county.

Height, when referring to a tower or other structure, means the distance measured from ground level to the highest point on the tower structure or appurtenance.

Pre-existing towers and antennae means structures as set forth in section 86.3.4 of this section.

Scenic views means those geographic areas containing visually significant or unique natural features, as identified in the Forsyth-Monroe County Comprehensive Plan.

Tower means any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antenna, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telecommunication towers, man-made trees (with accessory buildings/structures) and other similar structures.

Visual quality means the appropriate design, arrangement and location of tower structures in relation to the built or natural environment to avoid abrupt or severe differences.

87.2.

Applicability.

87.2.1.

Location. Except as set forth in section 86.3.3. herein, the provisions, requirements and limitations of this section shall govern the location of all wireless telecommunication, cellular telecommunication, television, microwave or radio transmission tower or antenna installed within the jurisdiction of the governing authority. The provisions, requirements and limitations of this section shall only apply to wireless telecommunication, cellular telecommunication, television, microwave or radio transmission tower or antenna installed within the jurisdiction of the governing authority. In addition, any provisions, requirements or limitations contained in other articles of the zoning ordinance of the county, which conflict in any way with the administration of this section or the provisions, requirements or limitations of this section shall be inapplicable.

87.2.2.

Governmental exemption. Except as otherwise specifically provided for in this section, the provisions of this section shall not apply to the governing authority's properties, facilities or structures. Private facilities and structures placed upon the governing authority's property shall be governed by a lease agreement between the governing authority and the provider.

87.2.3.

Amateur radio; receive-only antennae. This section shall not govern any tower, or the installation of any antenna, that is seventy-five (75) feet or less in height and is owned and operated by a federally-licensed amateur radio station operator from the operator's residence, or is used exclusively as a receive-only antenna; provided, however, only one (1) such tower or antenna per residence shall be excluded from this section.

87.2.4.

Pre-existing towers and antennae. Any tower or antenna for which a permit has been properly issued prior to the effective date of this section shall not be required to meet the provisions of this section, other than sections 87.4.11, 87.4.5.f, and 87.4.13; and the requirements of sections 87.4.5 (except subsection 87.4.5.f, 87.4.7 and 87.4.8) within six (6) months from the date of adoption of this section. Any such towers or antennae shall be referred to in this section as "pre-existing towers" or "pre-existing antennae." Provided, however, that the placement of antennae on any nonconforming structure shall not create a vested right for the continued use of the structures should the nonconforming use cease.

If an additional antenna is co-located upon a pre-existing tower after adoption of this section, then the requirements of section 87.4.5 (except subsection 87.4.5.f, 87.4.7 and 87.4.8) shall be met as part of the permitting process.

87.3.

General provisions.

87.3.1.

Principal or accessory use. A tower and/or antenna is considered a principal use if located on any lot or parcel of land as the sole or primary structures and is considered an accessory use if located on a lot or parcel shared with a different existing primary use or existing structures. An existing use or structure, on the same lot or parcel shall not preclude the installation of an antenna or tower. For purposes of determining whether the installation of a tower or antenna complies with zoning district requirements, including but not limited to setback, buffer and other requirements, the dimensions of the entire lot or parcel shall control, even though the antenna or tower may be located on a leased area within such lot or parcel. Towers that are constructed and antennas that are installed in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use of structure.

87.3.2.

Five-year plan and inventory of existing sites. To facilitate the co-location of antennae and future land use planning, each applicant seeking to locate a new tower, alternative tower structure or antenna, or modify any such existing structure, shall provide to the department an inventory of its existing towers or alternative tower structures, existing towers or alternative structures to be upgraded or replaced, and proposed towers or alternative structures. Applicants seeking to erect an amateur radio or antenna shall be exempt from this provision.

a.

The inventory shall include all such structures that are within the jurisdiction of the governing authority, within a municipality located, in whole or in part, within the City of Forsyth; or within a neighboring county which is currently capable of providing coverage or capacity within the county, and shall include specific information about the location (latitude and longitude coordinates), height, design, tower type and general suitability for antenna co-location of each tower or alternative structure, and other pertinent information as may be required by the department.

b.

If the applicant does not know specific future tower and antenna site locations but does know of areas where telecommunications facilities will be needed within the next five (5) years to provide service, the applicant shall list the assessor's blocks contained within the geographic service area and identify each geographic service area with a number that will correspond to the future telecommunication facility site.

c.

The department may share the location of existing telecommunication facility sites with other applicants seeking to locate towers or antennae within the jurisdiction of the governing authority; provided, however, that the department is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

87.3.3.

Co-location; design requirements. In addition to all applicable building and safety codes, all towers, except amateur radio towers, shall be designed to accommodate the co-location of cellular telecommunication antennae according to the following:

a.

For towers up to one hundred and fifty (150) feet in height, the structure and fenced compound shall be designed to accommodate at least three (3) providers or the maximum number of users as determined by the most current technology, whichever is greater;

b.

For towers greater than one hundred fifty (150) feet in height, the structure and fenced compound shall be designed to accommodate at least four (4) providers or the maximum number of users as determined by the most current technology whichever is greater.

87.3.4.

Co-location; availability of suitable existing structures. No new tower, except amateur radio towers, shall be permitted unless the applicant demonstrates to the satisfaction of the department and governing authority that no existing tower or existing alternative tower structure can accommodate the applicant's proposed antenna. All evidence submitted shall be signed and sealed by appropriate licensed professionals or qualified industry experts. Evidence submitted to demonstrate that no existing tower or structure can accommodate the proposed antenna shall consist of one (1) or more of the following:

a.

That no existing towers or suitable alternative tower structure are located within the geographic antenna placement area required to meet the applicant's engineering requirements;

b.

That existing towers or structures are not of sufficient height to meet the applicant's engineering requirements;

c.

That existing towers or structures do not have sufficient structural strength to support the applicant's antenna and related equipment;

d.

That the applicant's proposed antenna would cause electromagnetic interference with the antenna(e) 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.

That the cost or contractual provisions required by the tower owner to share an existing tower or structure or to adapt an existing tower or structure for sharing exceed the cost of new tower development;

f.

That the applicant adequately demonstrates that there are other limiting factors that render existing towers and structures unsuitable, other than economic reasons;

g.

That the applicant adequately demonstrates no county-owned or operated sites or existing structures are suitable for tower location.

87.3.5.

Aesthetics. The guidelines set forth in this section shall govern the design and construction of all towers, and the installation of all antennae, governed by this section and shall be approved by the administrator.

a.

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

b.

At all tower sites, the design of all buildings and related structures shall use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and building environment. Any equipment or cabinet that supports telecommunication facilities must be concealed from public view and made compatible with the architecture of the surrounding structures or placed underground. Equipment shelters or cabinets shall be screened from public view by using landscaping materials and colors consistent with the surrounding backdrop. The shelter or cabinet must be regularly maintained.

c.

For antennae installed on a structure other than a tower, the antenna and supporting electrical and mechanical ground equipment shall be of a neutral color so as to make the antenna and related equipment visually unobtrusive.

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. The lighting shall be dimmed or changed to red lights from the sunset to sunrise.

e.

No signage or other identifying markings of a commercial nature shall be permitted upon any tower or alternative tower structure within the county.

f.

To the extent practical, telecommunication facilities shall not be placed in a direct line of sight with historic or scenic view corridors as designated by the governing body or by any state or federal law or agency.

g.

Access to the tower site shall be restricted so as to minimize visibility of the access. Where possible, existing roads shall be used. Where no roads exist, access shall follow the existing contours of the land.

h.

Such other additional requirements as the administrator shall reasonably require to minimize the visual impact of the site on the surrounding area.

87.3.6.

Setbacks and separation. The following setbacks and separation requirements shall apply to all towers:

a.

Towers shall be set back a distance equal to the height of the tower from its base to any public right-of-way, occupied structure, or property line of the lot or parcel containing the tower.

b.

Guy-wires and accessory buildings and facilities shall meet the minimum accessory use location and setback requirements.

A tower located in any residential district shall not be located closer than two thousand (2,000) feet to any existing tower, regardless of the district in which the existing tower is located. This requirement shall not apply to amateur radio towers.

87.3.7.

Security fencing/anti-climbing devices. All towers and supporting equipment shall be enclosed by fencing not less than six (6) feet in height and shall also be equipped with appropriate anti-climbing devices. Fencing shall be of chain link, wood or other approved alternative.

87.3.8.

Landscaping. The following requirements shall govern landscaping surrounding all towers:

a.

Where adequate vegetation is not present, tower facilities shall be landscaped with a landscaped strip of plant materials that effectively screens the view of the tower compound. Landscaped strips shall be a minimum of ten (10) feet in width and located outside the fenced perimeter of the compound.

b.

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. Where natural vegetation around the perimeter of the site would provide an adequate visual screen, an undisturbed buffer may be utilized. The applicant shall provide a site plan showing existing significant vegetation to be removed and vegetation to be replanted to replace the lost.

c.

Landscaping shall be maintained by the provider and shall be subject to periodic review by the administrator to assure proper maintenance. Failure to maintain landscaping shall be deemed a violation of this section.

Amateur radio towers and antennae, or receive-only antennae shall not be subject to the provision of this section unless required by the governing authority through the special use permit process.

87.3.9.

Maintenance impacts. Equipment at a transmission facility shall be automated to the greatest extent possible, to reduce traffic and congestion. Where the site abuts or has access to a collector or local street, access for maintenance vehicles shall be exclusively by means of the collector or local street, utilizing existing access to the property on which facility is to be located, where possible.

87.3.10.

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 antennae. If such standards and regulations are changed, the permittee or the lessee of the tower and antenna governed by this section shall bring such tower and/or antenna into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations unless a more or less stringent compliance schedule is mandated by the controlling federal agency. Failure to bring such tower and/or antenna into compliance with such revised standards and regulations shall require removal of the tower or antenna at the owner's, permittee's, or lessee's expense. The county may seek injunctive and compensatory relief in a court of competent jurisdiction.

87.3.11.

Building codes; safety standards. To ensure the structural integrity of towers, the owner, permittee or subsequent lessee of a tower or alternative tower structure shall ensure that it is 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 department concludes that a tower fails to comply with all applicable codes and standards, or constitutes a danger to persons or property, then upon receipt of written notice by the owner, permittee or lessee of the tower, said party shall have fifteen (15) days to bring the tower into compliance with such standards. Failure to bring such tower into compliance within fifteen (15) days shall require removal of the tower at the owner's, permittee's, or lessee's expense. The county may seek injunctive and compensatory relief in a court of competent jurisdiction.

87.3.12.

Change of ownership notification. Upon the transfer of ownership of an interest in any tower, alternative tower structure, or lot upon which such a structure has been erected, the tower permittee shall notify the department of the transaction in writing within thirty (30)days.

87.5.

Application procedures.

87.5.1.

General application requirements. Application for a permit for any telecommunication facility shall be made to the department by the person, company or organization that will own and operate the telecommunications facility. An application will not be considered until it is complete. The administrator is authorized to develop application forms to assist in providing the required information and facilitate the application process. Except for a co-location information submittal under section 86.5.2 of this section, the following information shall be submitted when applying for any permit required by this section and must be submitted for an application to be considered complete:

a.

Site plan or plans to scale specifying the location of telecommunications facilities, transmission building and/or other accessory uses, access, parking, fences, landscaped areas, and adjacent land uses.

b.

Landscaped plan to scale indicating size, spacing and type of plantings required in section 87.4.8.

c.

A full description of the environment surrounding the proposed telecommunications facility, including any adjacent residential structures and districts, structures and sites of historic significance, streetscapes or scenic view corridors.

d.

A description of anticipated maintenance needs for the telecommunications facility, including frequency of service, personnel needs, equipment needs, and traffic, noise or safety impacts of such maintenance.

e.

Report from a professional qualified engineer licensed in the state or other appropriate qualified industry expert, documenting the following:

1.

Tower or antenna type, height, and design;

2.

Engineering, economic, and other pertinent factors governing the selection of the proposed design.

3.

Total anticipated capacity of the telecommunications facility, including numbers and types of antennae which can be accommodated;

4.

Evidence of structural integrity of the tower or alternative tower structure;

5.

Structural failure characteristics of the telecommunications facility and demonstration that site and setbacks are of adequate size to contain debris; and

6.

Certification that the antenna(e) and related equipment or appurtenances comply with all current regulations of the FCC, with specific reference to FCC regulations governing non-ionizing electromagnetic radiation (NIER), and that radio frequency levels meet the American National Standards Institute (ANSI) guidelines for public safety.

f.

Identification of the geographic service area for the subject installation, including a map showing the site and the nearest or associated telecommunications facility sites within the network. Describe the distance between the telecommunications facility sites. Describe how this service area fits into and is necessary for the service network (i.e., whether such antenna or tower is needed for coverage or capacity).

g.

If the proposed site is zoned R-residential, applicants must describe why an alternate site zoned commercial, agricultural, or industrial was not proposed by identifying:

1.

What good faith efforts and measures were taken to secure such an alternate site;

2.

Why such an alternate site was not technologically, legally or economically feasible and why such efforts were unsuccessful; and

3.

How and why the proposed site is essential to meet service demands for the geographic service area.

The department will review with special care justifications that appeal only to undue expense and/or to undue difficulties in entering into a lease agreement. The department shall carefully weigh such claims, and the evidence presented in favor of them, against a project's negative impacts at the proposed site.

h.

The applicant must provide a utilities inventory showing the locations of all water, sewage, and drainage and power line easements impacting the proposed tower site.

i.

The applicant must provide any other information that may be requested by the department to fully evaluate and review the application and the potential impact of a proposed telecommunications facility.

87.5.2.

Tower co-location information submittals. Any person or entity co-locating an antenna or antennae which will add no more than ten (10) feet to the height of the tower and related equipment or appurtenances on or around a tower for which a permit has already been issued shall submit the following information only:

a.

The name or entity co-locating the antenna.

b.

The name of the owner of the tower.

c.

The tower's permit number.

d.

The location of the tower.

e.

The remaining structural capacity of the tower.

f.

Certification that the antenna(e) and related equipment or appurtenances comply with all current regulations of the FCC, with specific reference to FCC regulations governing non-ionizing electromagnetic radiation (NIER), and that the radio frequency levels meet the American National Standards Institute (ANSI) guidelines for public safety.

87.7.

Conditional use permit required.

87.7.1.

General. If the proposed location, height, setback or other aspect of a proposed tower or antenna cannot comply with the minimum requirements established in this section, then a conditional use permit shall be required for the construction of a tower or the placement of an antenna in any zoning district. All such uses shall comply with requirements set forth in this section and all other applicable codes and ordinances, unless the applicant can show that the denial of a permit in such a location will cause a significantly harmful and permanent degradation of service which cannot be overcome by any other means including planned or potential locations which would provide the same or similar coverage or capacity.

In granting a conditional use permit, the governing authority may impose conditions to the extent that it concludes such conditions are necessary to minimize adverse effects from the proposed tower on adjoining or nearby properties as set out in section 87.7.6 and may grant variances to the development restrictions required by this chapter or any other ordinance provided such variances do not have a negative effect upon surrounding property.

87.7.2.

Application; contents; fee. All applications for conditional use permits shall be submitted to the county zoning department. Each application shall contain as a part thereof detailed plans and specifications as set forth in section 87.5. An application for a conditional use permit shall not be accepted for processing without the information required in section 87.5. An application fee shall be charged by the department in the amount stated in section 87.10.

87.7.3.

Co-location of antennae required. Applicants for the erection of a tower or antenna, except amateur radio operators, shall be required to co-locate upon an existing tower structure. An exception to co-location shall only be made if the applicant adequately demonstrates that an existing tower suitable for co-location does not exist in the geographic antenna placement area, and that no suitable alternative tower structure is available as set forth in section 87.4.4 contained herein.

87.7.4.

Independent expert review. The governing authority may engage a licensed professional engineer as an independent expert to review any of the materials submitted by an applicant for a special use permit and render an opinion regarding any concerns about the proposal, including but not limited to, structural integrity and the feasibility of alternative sites or co-location. Following the review of an independent expert, the governing authority shall convey its concerns to the applicant in writing and shall allow the applicant a reasonable opportunity to address those concerns. If the applicant is unable to satisfactorily address those concerns, the applicant shall be allowed a reasonable amount of time, not to exceed thirty (30) days, following the receipt of the letter, in which to modify the application to alleviate the governing authority's concerns or to require consideration of the application by the governing authority despite such concerns.

87.7.5.

Procedures. The procedures required for consideration of an application for rezoning of property in the county zoning ordinance shall apply to the consideration of an application for a special use permit under this section.

87.7.6.

Considerations in approval or denial of conditional use permits or variances. Any denial of a request to place, construct or modify a telecommunications facility shall be in writing and supported by substantial evidence contained in a written record. The following factors may be taken into consideration in acting upon a special use permit application under the provisions of this section:

a.

The height and setbacks of the proposed tower or antennae;

b.

The proximity of the tower or antennae to residential structures and residential district boundaries;

c.

The nature of uses on adjacent and nearby properties;

d.

The surrounding topography;

e.

The surrounding tree coverage and foliage;

f.

The design of the tower or antennae, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

g.

The proposed ingress and egress;

h.

The availability of suitable existing towers or other structures for antennas-location;

i.

The impact of the proposed tower or antennae upon scenic views and visual quality of the surrounding area;

j.

The needs of the applicant as balanced against the detrimental effects on surrounding properties;

k.

The impact of the proposed tower or antennae on adjacent and nearby properties.

87.7.7.

Requirements for issuance of conditional use permit. The special use permit may be issued by the governing authority only upon satisfaction of the following requirements:

a.

The proper application filed in accordance with the requirements of section 87.5;

b.

The application is otherwise in compliance with the conditions for the proposed special use required by this section;

c.

The applicant complies with the conditions proposed by the governing authority for the purpose of reducing the harmful effects of the use on surrounding uses and ensuring compatibility with surrounding uses;

d.

The governing authority determines that the benefits and need for the proposed special use are greater than any possible depreciating effects or damages to neighboring or nearby properties; and

e.

All fees, including expert fees, have been paid in full.

87.7.8.

Resubmittal of conditional use application.

a.

An application for a conditional use permit that has been denied shall not be resubmitted for a period of twelve (12) months and then only if the applicant can document a substantial change in need for a tower or antenna at the same location.

87.8.

Towers and antennae in residential areas.

87.8.1.

Placement of towers and antennae. Notwithstanding any other provision of this section, no tower or antenna shall be permitted in a residential neighborhood or within two thousand (2,000) feet of any residentially used property unless the applicant can show that the denial of a permit in such a location will cause a significantly harmful and permanent degradation of service which cannot be overcome by any other means including planned or potential locations which would provide the same or similar coverage or capacity. For the purposes of this section, the phrase "residentially used property" shall mean the property on which the residence is located and not more than three (3) acres of land, determined as if the residence was situated in the center of said tract.

87.9.

Removal of abandoned towers and antennae.

87.9.1.

Notice of abandoned antenna and structures. The owner or lessee of a tower or antenna shall promptly notify the department of its intent to abandon or, the abandonment of any tower or antenna.

87.9.2.

Removal of abandoned antenna and towers. Any tower or antenna that is not operated for a continuous period exceeding twelve (12) months shall be considered abandoned, regardless of the intent of the owner or operator, and the owner of such antenna or tower shall remove the structure within ninety (90) days of such abandonment. Failure to remove such tower within ninety (90) days shall require removal of the tower at the owner's, permittee's, or lessee's expense. The county may seek injunctive and compensatory relief in a court of competent jurisdiction.

87.10.

Application and permit fees.

87.10.1.

Approval of new tower no more than one hundred fifty (150) feet in height. An application for construction of a new tower up to a height of one hundred fifty (150) feet shall be one thousand dollars ($1,000.00).

87.10.2.

Approval of antenna location on tower or alternative tower structure. An application for location of an antenna on an existing tower or alternative tower structure (so long as the addition of said antenna adds no more than ten (10) feet to the height of the existing tower or structure), shall be five hundred dollars ($500.00).

87.10.3.

Approval of new tower greater than one hundred fifty (150) feet in height. An application for construction for a new tower greater than one hundred fifty (150) feet in height (including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna) shall be three thousand dollars ($3,000.00).

88.1.

Adult entertainment establishments. Adult entertainment establishments are allowed as conditional uses in industrial zoned areas. No adult entertainment establishment is allowed to serve any type of alcoholic beverage or be located within the following boundaries:

a.

Within one thousand (1,000) feet of any parcel of real property which is either zoned for or currently used for residential uses or purposes;

b.

Within one thousand (1,000) feet of any parcel of real property upon which any church, school, governmental building, library, civic center, public park or playground is located;

c.

Within one thousand (1,000) feet of any parcel of real estate upon which any other adult entertainment establishment is currently located;

d.

Within one thousand (1,000) feet of any parcel of real property upon which is located any business which is currently licensed by the county or any other licensing authority for the purpose of sale of alcoholic beverages to the public, whether such sale is for consumption on the premises or not.

For the purpose of this section, distance shall be the airline measurement from the property line, using the closest property lines of the parcels of land involved. The term "parcel of real property" means any quantity of land capable of being described by location and boundary, designated and used, or to be used, as a unit.

88.2.

Definitions pertaining to adult entertainment establishments.

Adult entertainment establishment means a business in which specified anatomical areas are displayed live or on film or video, including any movie theater which on a regular, continuing basis, shows films which any type of X rating by the Motion Picture Code Association of America or any movie theater which presents for public viewing film or video which exposes the specified anatomical areas herein defined.

Alcoholic beverages means distilled spirits, wine and/or malt beverages.

Live means any activity or entertainment which is carried on by actual living persons in the physical presence of the patrons.

Specific anatomical areas shall mean any of the following:

a.

Less than completely and opaquely covered human genitals or pubic region; cleft of the buttocks; or any portion of the female breast encompassed within an area falling below the horizontal line one would have to draw to intercept a point above the top of the areola, or any portion of the areola, or any simulation thereof. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not so exposed; or

b.

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

Specific sexual activities shall mean and include any of the following:

a.

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;

b.

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;

c.

Masturbation, actual or simulated;

d.

The displaying of the male or female pubic hair, anus, vulva or genitals; or

e.

Excretory functions as part of or in connection with any of the activities set forth above.

89.1.

Purpose. It is the purpose of this regulation to provide zoning classification requirements for the sitting of all solar energy systems and to promote the safe, effective and efficient use of solar farm development, construction and operation. Solar energy farms shall be a conditional use in A (Agricultural), C (Commercial), I (Industrial).

89.2.

Definitions. Words not defined herein shall be construed to have the meaning given by common and ordinary use and shall be interpreted within the context of the sentence and section in which they occur. Words used in the singular include the plural, and words used in the plural include the singular. Words used in the present tense include the future tense. The word "erected" includes the words "constructed," "located" or "relocated." The word "map" or "zoning map" means the zoning maps of the county. The word "parcel" includes the word "plot" or "lot." The word "person" includes the words "individuals," "firms," "partnerships," "corporations," "associations," "governmental bodies" and all other legal entities. The word "shall" is always mandatory and never discretionary. The words "used" or "occupied" include the words "intended, arranged or designed to be used or occupied."

For the purpose of this section, certain terms used herein shall be defined as follows:

a.

Solar energy equipment: Any device associated with a solar energy system, such as an outdoor electrical unit/control box, that transfers the energy from the solar energy system to the intended on-site structure.

b.

Solar energy farm: An energy conversion system, including appurtenances, which converts solar energy to a usable form of energy to be used on-site or to transfer to the public electric grid in order to sell electricity to a public utility entity. Property used in solar energy development, shall be termed a "solar farm" if the acreage of land utilized in its construction and installation exceeds 5 acres.

c.

Solar collection system: A panel or other solar energy device, the primary purpose of which is to provide the collection, inversion, storage, and distribution of solar energy for electricity generation, space heating, space cooling or water heating.

d.

Mechanical equipment: Any device associated with a solar energy system, such as an outdoor electrical unit/control box, that transfers the energy from the solar energy system to the intended on-site structure.

e.

Solar access: A property owner's right to have sunlight shine on the owner's land. (The enforcement of this right is through the zoning ordinance that establishes height and setback requirements.)

f.

Solar energy system: An energy conversion system, including appurtenances, which converts solar energy to a usable form of energy to meet all or part of the energy requirements of the on-site user. This definition shall include the terms passive solar and active solar systems.

g.

Solar glare: The effect produced by light reflecting from a solar panel with an intensity sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.

89.3.

Applicability:

a.

This ordinance applies to solar energy systems to be installed and constructed after the effective date of the ordinance.

b.

Any upgrade, modification, or structural change that materially alters the size or placement of an existing solar energy system shall comply with the provisions of this section.

89.4.

General Provisions:

a.

A solar farm installation shall be permitted as a conditional use in agricultural zoned districts classified as "A", Commercial zoned districts classified as "C", and Industrial zoned districts classified as "I".

b.

A solar farm installation shall be constructed on 5 or more acres within the "A", "C" or "I" zone/conditional use district for the purpose of generation of power to be sold as electricity to the utility grid and to be used on-site as electricity for consumption in an agricultural setting, establishment, or in farming activities.

c.

A solar farm connected to the utility grid in "A", "C", or "I" zoned districts shall provide a "proof of concept letter" from the local utility company acknowledging the solar farm will be interconnected to the utility grid in order to sell electricity to the public utility entity.

d.

If the solar farm will be constructed by the utilization of ground mounting, then a ground mounting plan and process must be submitted during the county application process. The ground mounting plan may consist of standard solar manufacturer installation plans and processes for ground mounting.

e.

Solar panels shall not be placed in the vicinity of any airport in a manner that would interfere with airport flight patterns. Acknowledgement from the Federal Aviation Administration may be necessary.

f.

All power transmission lines from a ground mounted solar farm shall be located underground after connection from the solar panel combiners to the interconnection point.

g.

A solar energy system shall not be used to display advertising, including signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners or similar materials. The manufacturers' or installers' identification and appropriate warning signage shall be posted at the site in a clearly visible manner.

h.

The local utility provider shall be contacted to determine grid interconnection and net metering policies.

i.

If a solar farm is located in a designated county watershed protection district, the solar farm developer must provide an impact statement concerning net effect of solar farm installation within the designated county watershed area. Limitations on ground disturbance will be determined and conditions of disturbance may be imposed as a condition of approval for solar farm development, construction, and operation.

j.

View shed/glare - The applicant shall demonstrate that the proposal will not have an adverse affect on neighboring properties by providing aerials of the site, graphic renderings of the project, and/or pictures from the site of surrounding parcels demonstrating sight lines. Appropriate vegetated buffers and/or plantings may also be required to help limit the visual impact of the site and possible glare issues

k.

Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways.

l.

The design of the solar energy system shall conform to applicable industry standards. A building permit shall be obtained for a solar energy system per the Georgia Building Code, and the regulations adopted by the Department of Labor and Industry. All wiring shall comply with the applicable version of the National Electric Code (NEC). The local utility provider shall be contacted to determine grid interconnection and net metering policies. The applicant shall submit certificates of design compliance obtained by the equipment manufacturer from a certifying organization and an engineer registered in the State of Georgia shall certify any such design.

89.4.1.

Setbacks, separation, and heights.

a.

The design of the solar farm shall adhere to a minimum 35 foot setback from all property lines which includes a minimum fifteen (15) foot vegetative buffer.

b.

Ground mounted solar panels shall not exceed a maximum height of twenty five (25) feet.

c.

Roof mounted solar panels shall not exceed the maximum building height on which the panels are attached.

89.4.2.

Landscaping. The following requirements shall govern landscaping surrounding all solar energy farms:

a.

Where natural vegetation around the perimeter of the site would provide an adequate visual screen, and undisturbed buffer may be utilized.

b.

Landscaping shall be maintained by the applicant and/or owner and shall be subject to periodic review by the administrator to assure proper maintenance. Failure to maintain landscaping shall be deemed a violation of this section.

89.4.3.

Security Fencing/Landscaping.

a.

Equipment shall be screened and fenced from adjacent property to restrict unauthorized access. Screening shall consists of a minimum 6 foot fence with the addition of shrubbery, trees or an earthen berm as may be required to comply with the view shed/glare requirements.

89.4.4.

Change of ownership notification. Upon the transfer of ownership of an interest in any solar energy farm, or lot upon which such solar energy farm has been erected, the solar energy farm permittee shall notify the department of the transaction in writing within thirty (30) days.

89.5.

Application procedures. The person, company, or organization that will own and operate the solar energy farm shall make application for a permit for any solar energy farm to the department. An Application will not be considered until it is complete. The administrator is authorized to develop application forms to assist in providing the required information and facilitate the application process.

89.5.1

The following information shall be submitted for an application to be considered complete:

a.

A descriptive site plan including setbacks, panel sizes, locations of property lines, building, and road right of ways;

b.

Landscaping plan to scale indicating size, spacing and type of fence, shrubbery, trees or earthen berm as required by 89.4.3;

c.

A description of the anticipated maintenance needs for the Solar Energy Farm, including frequency of service, personnel needs, equipment needs, and traffic, noise, or safety impacts of such maintenance;

d.

A utilities inventor showing the locations of all water, sewage, drainage, and power line easements impacting the proposed site.

e.

Relevant studies, reports, certificates and approvals as may be reasonably requested by the department, including but not limited to design review;

f.

A storm water management study shall be provided to ensure compliance with local BMP's; and

g.

Before any construction can commence on any solar energy system, the property owner must acknowledge, in writing to the board of commissioners that he/she is the responsible party for owning and maintaining the solar energy system.

89.6.

Conditional use permit required. A solar energy system shall not be constructed until a building/zoning permit has been approved and issued.

89.7.

Mechanical equipment. All mechanical equipment associated with and necessary for the operation of the solar energy system shall comply with the following:

a.

Mechanical equipment shall be screened from any adjacent property that is residentially zoned or used for residential purposes. The screen shall consist of shrubbery, trees, or other non-invasive plant species, which provides a visual screen. In lieu of a planting screen, a decorative fence meeting the requirements of the zoning ordinance may be used.

b.

Mechanical equipment shall not be located within the minimum front yard setback of the underlying zoning district.

c.

Mechanical equipment shall comply with the setbacks specified for Primary structures in the underlying zoning district.

89.8.

Decommissioning. The following requirements shall be met for decommissioning:

a.

The solar energy farm owner is required to notify the Board of Commissioners immediately upon cessation or abandonment of the operation. The owner shall be responsible for the removal of the facility within six (6) months from the date the applicant ceases use of the facility or the facility becomes obsolete.

b.

The owner shall then have twelve (12) months in which to dismantle and remove the solar energy farm from the property.

c.

At the time of issuance of the permit for the construction of the solar energy farm, the owner shall provide financial security in form and amount acceptable to the board of commissioners to secure the expense of dismantling and removing said structures.

d.

If a ground mounted solar energy farm has been abandoned (meaning not having been in operation for a period of six (6) months) or is defective or is deemed to be unsafe by the board of commissioners, the solar energy system shall be required to be repaired by the owner to meet federal, state and local safety standards, or be removed by the property owner within the time period allowed by the board of commissioners. If the owner fails to remove or repair the defective or abandoned solar energy farm, the board of commissioners may pursue a legal action to have the system removed at the owner's expense.

e.

If a ground mounted solar energy farm is removed, any earth disturbance as a result of the removal of the ground mounted solar energy farm shall be graded and reseeded.