(a)

Yard location. Accessory buildings, structures, and uses shall be located in a rear yard or side yard, unless otherwise specifically provided in this chapter.

(b)

Setback. Accessory buildings, unless otherwise specifically provided, shall be located a minimum of ten feet from any side or rear property line. Minor accessory structures as defined by the Zoning Administrator which do not constitute buildings shall be located a minimum of five feet from any side or rear property line.

(c)

Height. Accessory buildings shall not exceed two stories or 24 feet in height in residential zoning districts.

(d)

Size limitations. Except in agricultural zoning districts, in no case shall an accessory building or structure exceed the square footage of the principal building or structure to which it is accessory.

(e)

Timing. No accessory building, structure, or use shall be erected on a lot until construction of the principal building or establishment of principal use has commenced. Accessory buildings and structures must be constructed in conjunction with, or after, a building permit for the principal building is lawfully approved or use is established.

(Code 1997, § 40-701; Ord. of 2-6-2012, § 1(40-701))

In zoning districts where permitted, accessory dwelling units shall meet the following requirements:

(1)

Only one accessory dwelling unit shall be permitted on a lot.

(2)

One additional off-street parking space is required and shall be provided, which must be located in a side or rear yard.

(3)

At least 300 square feet of heated floor area shall be provided per adult occupant. The heated floor area for an accessory dwelling unit shall be at least 300 square feet and shall not exceed 900 square feet or the size of the principal dwelling, whichever is less.

(4)

The entrance to an accessory dwelling unit shall be from a rear or side yard and shall not face the street to which the principal dwelling is oriented.

(5)

Accessory dwelling units, whether attached or detached, shall have exterior finishes or architectural treatments (e.g., brick, wood, stucco, etc.) of an appearance substantially similar to those on the principal dwelling.

(6)

The county health department must certify that existing or proposed water, sanitary sewer, or septic tank facilities are adequate to serve both the principal dwelling and the accessory dwelling unit.

(7)

Either the accessory dwelling unit or the principal dwelling unit shall be owner-occupied.

(Code 1997, § 40-702; Ord. of 2-6-2012, § 1(40-702))

In zoning districts where permitted, amateur radio towers and antennas shall not exceed a height of 50 feet without conditional use permit approval. The antenna/tower shall be set back a distance of at least one-half the height of the tower/antenna from all property lines.

(Code 1997, § 40-703; Ord. of 2-6-2012, § 1(40-703))

Bed and breakfast inns are subject to the following standards:

(1)

Ownership residency. The owner of the property, or one of the owners if more than one, must reside in the facility.

(2)

Employees. The bed and breakfast inn shall be operated exclusively by members of the resident family, except that one nonfamily worker shall be permitted.

(3)

Maximum occupancy. The maximum allowable occupancy shall be ten adult guests. Each guestroom shall be limited to two adults, with the exception that parents traveling with minors or dependents shall be allowed a total occupancy of four individuals.

(4)

Minimum lot area. A minimum lot area of 0.75 acre of land shall be required.

(5)

Separation requirement. No bed and breakfast shall be located nearer than 750 feet from any other approved and operating bed and breakfast, as measured from the nearest boundary line of each lot and running along the shortest distance between each of such lots.

(6)

Residential appearance and additions. In residential zoning districts where permitted, the facility shall retain its single-family residential appearance. The operation of the bed and breakfast in residential zoning districts where permitted shall be limited to the existing structures built for single-family residential use. No additions, alterations or modifications to the existing structures shall be allowed which would change the residential character of the property (i.e., adding rooms to accommodate additional guests).

(7)

Meals and food service limitations. Food service shall be limited to morning meals only and may be served only to registered guests. No food preparation or cooking for guests shall be conducted within any guest room, and the guest rooms shall not contain kitchen facilities.

(8)

Special events prohibited. No parties, weddings, conferences, entertainment or similar special events or facilities shall be permitted.

(9)

Parking. The bed and breakfast inn shall provide one parking space per guest room, for a maximum of five required spaces. In residential zoning districts where permitted, no parking spaces may be located in the front yard of the residence. No on-street parking shall be allowed.

(10)

Signage. In residential zoning districts where permitted, one identification sign shall be permitted, provided it is no larger in size than six square feet. Placement and design of the sign shall be indicated on the site plan submitted with the bed and breakfast application and shall be subject to approval by the Planning Commission.

(Code 1997, § 40-704; Ord. of 2-6-2012, § 1(40-704))

If a condominium form of ownership is proposed, the development shall meet all applicable state laws including the state Condominium Act (O.C.G.A. § 44-3-70 et seq.). Proposed bylaws and the articles of incorporation for the condominium association shall be submitted to the Zoning Administrator with the application for development approval.

(Code 1997, § 40-705; Ord. of 2-6-2012, § 1(40-705))

Manufactured homes or other temporary buildings or structures shall not be occupied as a permanent office or for any other use in any district; provided, however that an industrialized building or other temporary buildings or structures may be used for a temporary office or other permitted non residential use, subject to the following:

(1)

Approval by the Zoning Administrator and issuance of a permit by the Building Inspector;

(2)

The permit shall be temporary but renewable once after a period of six months;

(3)

The permit shall only be issued if plans and permits have been approved for one or more permanent buildings on the subject property;

(4)

Adequate water and sewage disposal for the structures is approved by the Newton county Health Department; and

(5)

The industrialized building or temporary building or structures shall be removed from the site no later than upon the occupancy of the appropriate permanent buildings or structures intended for such use.

(Code 1997, § 40-706; Ord. of 2-6-2012, § 1(40-706))

In zoning districts where permitted, day care centers shall have at least 150 square feet of outdoor play area and at least 50 square feet of indoor space provided for each child or other person served. The outdoor play area shall be enclosed by a fence with a minimum height of five feet. Adequate and safe areas for the drop-off and pick-up of patrons shall be provided.

(Code 1997, § 40-707; Ord. of 2-6-2012, § 1(40-707))

A farmers market in a permanent or temporary location is allowed in the town center, subject to the following conditions:

(1)

The operator or governing authority of a farmers market shall obtain a business license from the City prior to opening the farmers market.

(2)

The City shall be provided a list of the names of persons, firms or corporations who shall provide produce or merchandise for sale as part of the public market. The list shall also generally describe the type of item sold by each the person, firm or corporation. The list shall be updated quarterly during the term of the business license.

(3)

A temporary use permit is required in which a farmers market is not the primary and permanent use of the property.

(4)

The proposed activity is in compliance with all safety, health, and environmental standards and is not detrimental to the surrounding area.

(5)

Where feasible, the location of the farmers market shall be on sites that have convenient pedestrian, bicycle, public transit access, and sufficient off-street parking.

(6)

The site is of a sufficient size to accommodate the intended temporary use.

(7)

Safe and orderly flow of traffic can be ensured.

(Code 1997, § 40-708; Ord. of 2-6-2012, § 1(40-708))

(a)

Height. No fence or freestanding wall, other than a retaining wall or necessary fencing encompassing a tennis court shall be more than eight feet in height. Fences or freestanding walls constructed in a front yard of a residential lot shall not exceed four feet in height; provided, however, that this shall not apply to subdivision or project identification monuments at the entrance to a subdivision or development and wall or fence extensions thereof, where permitted, which shall not exceed eight feet in height and columns shall not exceed ten feet in height.

(b)

Composition. Walls composed or constructed of exposed concrete block, tires, junk, or other discarded materials shall not be permitted. In all residential zoning districts, fences or walls erected within the front yard shall be decorative and constructed of brick, stone, wood, or wrought iron. Chain link fences with vinyl coating shall be permitted only in side and rear yards, and barbed wire fences shall be permitted only in agricultural zoning districts, without yard restrictions.

(c)

Gates. When gates for vehicular access are required or proposed abutting a public or private street, the gates shall not be located closer than 20 feet of a public street or road right-of-way, to ensure safe ingress and egress.

(d)

Location. No fence or wall shall be constructed in a public right-of-way, except that retaining walls may be placed partially within the right-of-way of a local street if approved by the City Engineer as not posing a visibility or other public hazard.

(e)

Temporary fencing exempted. These requirements shall not apply to temporary fencing erected around a lot during construction of a building for security, safety, tree protection, or code compliance reasons.

(Code 1997, § 40-709; Ord. of 2-6-2012, § 1(40-709))

In zoning districts where permitted, no more than one guest house shall be permitted as an accessory building on any single residential lot. Guest houses shall be located to the rear of the principal dwelling and shall not exceed 50 percent of the gross floor area of the principal dwelling. Guest houses shall not be rented or otherwise occupied separately from the main residence, except for non-paying guests or domestic employees residing on the premises and sharing meals in the principal dwelling.

(Code 1997, § 40-710; Ord. of 2-6-2012, § 1(40-710))

Home occupations may be established as an accessory use to a dwelling as provided in permitted uses requirements for the zoning districts established by this chapter. No more than two home occupations may be established for each dwelling. In districts where permitted, the following regulations shall apply to home occupations. Failure to meet one or more of these regulations at any time is unlawful and grounds for immediate revocation of business registration.

(1)

Physical limitations. The gross floor area of building devoted to a home occupation shall not exceed 750 square feet, or 25 percent of the gross floor area of the dwelling, whichever is less. An accessory building may be used in connection with the home occupation, subject to compliance with all other provisions of this section.

(2)

Alterations to the dwelling. No internal or external alterations inconsistent with the residential use of the principal building, and if applicable, an accessory building may be permitted.

(3)

Vehicles and parking. Vehicles kept on site in association with the home occupation shall be used by residents only, except for the parking of employees as may be permitted by this section. Only vehicles used primarily as passenger vehicles shall be permitted in connection with the conduct of the home occupation. Incoming vehicles related to the home occupation, if any, shall at all times be parked off-street within the confines of the residential driveway or other on site permitted parking. The transporting of goods by commercial-sized trucks in connection with a home occupation is prohibited.

(4)

Equipment, off-site impacts, and nuisances. No home occupation shall generate traffic, sound, smell, vibration, light, or dust that is offensive or that creates a nuisance. No equipment that interferes with radio or television reception shall be allowed. The use of machinery or equipment that emits sound (e.g., saws, drills, musical instruments, etc.) that is detectable and creates a nuisance beyond the property shall not be permitted. Chemical, electrical, or mechanical equipment that is not normally a part of domestic or household equipment and which is used primarily for commercial purposes shall not be permitted.

(5)

Signs prohibited. There shall be no signs permitted in conjunction with a home occupation, although this shall not preclude the property owner from erecting signs permitted on the lot pursuant to city sign regulations.

(6)

Employees. Only occupants of the dwelling and one additional employee shall be authorized to work on the premises in connection with a home occupation.

(7)

Display, stock-in-trade, and sales. There shall be no display, and no stock-in-trade nor commodity sold on the premises, in connection with a home occupation, nor shall there be any activity associated with the home occupation visible outside the dwelling.

(8)

Uses specifically prohibited. The following uses are specifically prohibited as home occupations: auto sales or auto or vehicle or implement repair; restaurants; animal hospitals, veterinary clinics, kennels, or the keeping of animals; funeral homes; retail or wholesale shops; machine shops; personal service establishments (including beauty salons); special event facilities; and lodging services.

(9)

Approval. All home occupations shall be reviewed and approved by the Zoning Administrator/City Manager, based on provisions within this chapter. The applicant may appeal an adverse decision to the City Council.

(10)

Modifications by conditional use permit. The provisions of this section may be modified or varied pursuant to application by the property owner for a conditional use, according to procedures specified in this chapter.

(Code 1997, § 40-711; Ord. of 2-6-2012, § 1(40-711))

It is unlawful to park or continuously store abandoned, wrecked, junked or inoperable vehicles, power-driven construction equipment, semi-trailers, used lumber or metal, used appliances, tires, or any other miscellaneous scrap material in quantity that is visible from a public street. Appropriate screening as determined by the Zoning Administrator, based upon the elevations and uses of surrounding properties, may be used to comply with this provision in side and rear yards.

(Code 1997, § 40-712; Ord. of 2-6-2012, § 1(40-712))

(a)

General custody. This chapter recognizes the desire of some residents to keep horses, livestock, chickens or other fowl for personal enjoyment or sustenance. However, the keeping of these animals for any purpose should not cause nuisance to surrounding properties or present a health hazard.

(b)

Noncommercial custody. Noncommercial keeping of poultry or livestock is permitted by right in the Agricultural Residential District. Noncommercial keeping of poultry (except as otherwise permitted in subsection (c) hereof) or livestock is permitted as a conditional use in the RR and R-30 Districts, under the following provisions:

(1)

Livestock. Horses, cows, ponies, donkeys, and other domestic livestock may be kept, raised or bred for home use and enjoyment, provided that only one such animal shall be permitted for each two acres of land area, and shall be adequately contained by fence within that property.

(2)

Fowl. Ducks, quail, chickens, turkeys, pigeons, pheasants, and other fowl, may be raised for home use provided such fowl are adequately contained within the property. The keeping of fowl is limited to five birds per acre.

(3)

Setbacks and fencing. All domestic livestock or fowl must be kept at least 50 feet from all property lines with fencing adequate to retain any livestock within the required setbacks.

(4)

Additional setbacks adjacent to residential districts. For properties abutting higher density residential districts (e.g., R-7.5, R-15 and R-20), the minimum setbacks shall be increased to 100 feet from all property lines adjacent to these districts.

(5)

Noncommercial. The keeping, breeding, or training of any animals for monetary gain or profit shall be deemed a commercial business and is prohibited in all residential districts.

(c)

Laying hens. Noncommercial keeping of up to six chickens that are intended for laying eggs is a permitted use in the RR, R-30, R-20, and R-15 districts; provided that such chickens are contained within the property at least 20 feet from all property lines. No roosters shall be permitted.

(Code 1997, § 40-713; Ord. of 2-6-2012, § 1(40-713); Ord. of 11-5-2018, § 1)

A mobile home as defined in section 40-3, is not permitted in any zoning district. A manufactured home, as defined in section 40-3, is not permitted in any zoning district.

(Code 1997, § 40-714; Ord. of 2-6-2012, § 1(40-714))

(a)

Definitions. The term "open display" shall be defined as the placement of merchandise or merchandise vending machines outside the walls of any enclosed building with the intent being to entice potential customers onto the premises through the public display of such merchandise or merchandise vending machines.

(b)

Permitted uses. Open displays shall be permitted in conjunction with permitted uses in the commercial and town center districts, provided the following requirements are met:

(1)

The type of merchandise permitted in open displays shall be limited to yard and garden accessories, nursery and agricultural products, and vending machines. (This section shall not be interpreted to include supply yards, salvage yards, or other items or materials considered outdoor storage).

(2)

Open displays shall be permitted in any yard or required yard, but shall not encroach into any public rights-of-way.

(3)

Open displays shall present a neat and orderly appearance, subject to the determination of the Planning Commission.

(4)

The term "open display" shall not apply to merchandise which is placed outside temporarily for the purpose of sales and is stored inside an enclosed structure while the business is closed.

(5)

Open display shall be permitted where such display is incidental to and supportive of the principal use of the structure located on the same parcel.

(6)

Open display location must be shown on site plan at time of review and shall not encroach on any required landscaping and parking areas.

(Code 1997, § 40-715; Ord. of 2-6-2012, § 1(40-715))

(a)

Outdoor recreational facilities such as athletic fields (e.g., football, soccer, etc.), basketball courts, tennis courts, and swimming pools are permitted as accessory uses in INST and IC zoning districts with operating conditions. Outdoor recreational facilities shall not be used beyond 9:00 p.m. on Sunday through Thursday, and beyond 10:00 p.m. on Friday and Saturday. The City Council may permit extended hours of use for special events on a case-by-case basis.

(b)

Accessory buildings and structures (e.g., houses, restrooms, bleachers) associated with outdoor recreational facilities shall meet all set-back requirements and height restrictions for INST and IC districts. Facilities may be approved for outdoor lighting if the design and site plan, submitted for issuance of a development permit, is found to avoid or mitigate spill-over effects, safety hazards, or nuisances potentially created during operating conditions.

(Code 1997, § 40-716; Ord. of 2-6-2012, § 1(40-716))

Private swimming pools and their customary accessory buildings and structures shall be located in rear yards and shall be setback at least 15 feet from all side and rear lot lines and be enclosed by a wall or fence not less than four feet nor more than six feet in height.

(Code 1997, § 40-717; Ord. of 2-6-2012, § 1(40-717))

Tennis courts on individual residential lots shall be located in rear yards and shall be setback at least 15 feet from all side and rear lot lines and be enclosed by fence at least eight feet high. Lighting for the private tennis court shall not be permitted, except by conditional use permit approval from the City Council after review and recommendation by the Planning Commission.

(Code 1997, § 40-718; Ord. of 2-6-2012, § 1(40-718))

In addition to dimensional requirements established for the zoning district in which townhouses are permitted, the following requirements shall apply:

(1)

Number of units in one building. Any building containing more than four dwelling units shall be have the front foundation line offset at least four feet from the front foundation line of the abutting dwelling units. No more than six units shall be permitted within any single building to provide a more attractive townhouse development.

(2)

Setbacks and separation of townhouses from other buildings. Zero lot line between units within the same building shall be permitted, subject to applicable fire and building codes. A minimum distance of 20 feet shall be required between all townhouse buildings and between any townhouse building and any accessory structure.

(3)

Private yard or patio. Each townhouse shall have at least one private or reasonably secluded outside yard or patio.

(4)

Rear yard access and parking. Townhouse projects must be designed so that there is access to the rear of dwellings via an alley or rear driveway. Garages and parking shall be designed such that access is available only from the rear of the townhouse lot, and garages and off-street parking within the required front or side yards shall be prohibited. Garages may be attached or detached in the rear yard.

(5)

Subdivision plat approval. Each townhouse development or phase thereof shall require subdivision plat approval in accordance with city subdivision and land development regulations.

(Code 1997, § 40-719; Ord. of 2-6-2012, § 1(40-719))

Utility installations, such as, but not limited to electrical substations, shall meet the following requirements:

(1)

The installation shall be enclosed by a chain link fence, vinyl coated at least eight feet in height.

(2)

The perimeter of the utility installation shall be suitably landscaped with evergreen trees or shrubs that grow to a height of at least eight feet within three growing seasons and that provide an effective visual screen from the abutting public street and abutting properties.

(3)

No vehicles shall be permanently stored on the premises.

(Code 1997, § 40-720; Ord. of 2-6-2012, § 1(40-720))

(a)

Front yards and off-street parking areas for any use or development shall not be used to store and display vehicles for sale, except in cases of an approved commercial vehicle sales lot. This provision shall not apply to the non-licensed sale of motorized vehicles and appurtenances as permitted in section 40-544.

(b)

In accordance with section 40-544, motorized vehicles and appurtenances must be the property of the owners or tenants of the property whereon they are offered for sale. No more than one motorized vehicle, with its customary appurtenances, if any, may be offered for sale at a time. If appurtenances such as campers, trailers, etc., are offered for sale without a vehicle, no more than one such appurtenance may be offered for sale at a time. Motorized vehicles or their appurtenances may be displayed for sale for a period of no longer than two months. "For Sale" signs must be dated and signed by the owner to show the date of first offering for sale. A period of at least six months must elapse before the same vehicle, or any other vehicle or appurtenance, may be offered again for sale upon the same premises.

(Code 1997, § 40-721; Ord. of 2-6-2012, § 1(40-721))

In residential zoning districts, recreational vehicles such as boats, boat trailers, travel trailers, recreational vehicles, pick-up campers or coaches, motorized dwellings, motor coaches, tent trailers and other similar vehicles may be parked or stored only in established areas in side yards, rear yards, carports in approved locations, or in an enclosed building, provided however, that such vehicles may be parked or stored anywhere on residential premises for a period not to exceed 24 hours during loading and unloading. Parking or storage of such vehicles shall not take place on any vacant lot.

(Code 1997, § 40-722; Ord. of 2-6-2012, § 1(40-722))

(a)

Decisions on applications for wireless service; special use. Decisions on applications for wireless service facilities shall be made within a reasonable period of time, which means generally that such decisions shall be processed in roughly the same amount of time required for other special use applications. Applications that do not require a special use permit shall be acted upon by the Planning Commission within 30 days of the date the application is considered by the Planning Commission to be complete.

(b)

Application for wireless telecommunication towers; supplemental information. Each application for a wireless telecommunication tower shall include the following, which are in addition to the information required for special use applications generally, if required:

(1)

A recorded plat or boundary survey.

(2)

A site plan, based on with topographical information.

(3)

An elevation view, perspective drawing, or simulated photograph of how the proposed telecommunication tower will look from public rights-of-way and surrounding residential streets from which it will be visible once constructed.

(4)

Supporting engineering calculations and information which provide evidence of need and document radio frequency range, coverage area, and tower height requirements. The application must specifically address whether there is a technically suitable space available on an existing tower or other location within the search area (i.e., the grid for the placement of the antenna), and such information shall specifically include the location of all existing towers within a one-mile radius of the site proposed.

(c)

Performance and construction standards. Performance and construction standards include the following:

(1)

Structural design. New communication towers or poles and antennae, and modifications to existing structures (including, without limitation, the addition of height, antennae or providers), shall be constructed in accordance with applicable federal, state and local regulations.

(2)

Placement restrictions. Towers occupying a lot as a principal use shall meet, at minimum, the minimum lot size and setback requirements for the zoning district in which the lot is located. Towers shall be a minimum of 300 feet from any residential zoning district and a minimum of 500 feet from any single-family residence. The tower shall also be set back from property lines a distance equal to or greater than the tower height. All towers shall be located at least one-third of their height in feet from any public right-of-way. All accessory structures will meet the normal setbacks for the districts in which they are located. When the tower is on property leased, the setbacks shall apply to the lot of record, not the lease boundaries.

(3)

Screening. The visual impacts of a communication tower at the ground level shall be mitigated by landscaping. All towers and accessory structures shall be surrounded on the ground by a minimum ten foot wide landscape strip or buffer that forms a hardy screen dense enough to interrupt vision and shield the base and accessory structures from public view and view from the surrounding properties. The buffer shall consist of evergreens that will reach a minimum height of at least eight feet within three years.

(4)

Fencing. A black vinyl-coated chain link fence or wall not less than six feet in height from finished grade shall be provided around each communication tower or pole. Access to the tower or pole shall be through a locked gate. The tower or pole shall be equipped with an appropriate anti-climbing device, unless the Planning Commission waives this requirement for alternative tower structures.

(5)

Height.

a.

Through approval of a special use application, when one is required, the height of the tower may exceed the maximum height limit of the zoning district in which it is located, up to a height of 200 feet, subject to the limitations of this subsection. If a special use application is not required for erection of the tower, and if the tower is to be placed in an OCC, OCF or C zoning district in a manner that exceeds the maximum height for the zoning district, then the applicant may exceed the height limitation of the applicable zoning district only through a zoning variance process. Towers shall be the minimum height necessary to provide parity with existing similar tower-supported antenna. No tower, pole, or antenna, whether freestanding or attached to a building or structure, shall exceed 200 feet in height from ground level unless a zoning variance is obtained.

b.

To prevail in any variance application to exceed established maximum height limitations of this subsection or the zoning district in which it is located, the applicant must successfully demonstrate why the prescribed maximum height is insufficient to provide adequate service, or that a taller tower will be in the community's interest by avoiding the construction of one or more additional towers at a new location.

(6)

Color and materials.

a.

Communication towers not required to be painted or marked by the Federal Aviation Administration shall have either galvanized steel finish or be painted non-contrasting color approved by the Mayor and City Council to minimize the equipment's visibility.

b.

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 or closely compatible with the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

(7)

Signs and advertising. No advertising is permitted on a tower or antenna. However, towers shall have mounted in a conspicuous place a sign of at least one square foot in area but not more than four square feet in area, identifying the facility's owner and providing a means of contact in the event of an emergency.

(8)

Co-location. Proposed communication antennas may and are encouraged to co-locate onto existing communication towers. New or additional special use approval is not required for the addition of an antenna to an existing approved tower or pole. All towers over 100 feet in height shall have structural capacity and ground or interior space to accommodate multiple users. Towers up to 160 feet shall accommodate at least three users, and towers over 160 feet shall accommodate at least five users.

(Code 1997, § 40-723; Ord. of 2-6-2012, § 1(40-723))

Yard sales shall comply with provisions specified in section 40-547, non-licensed sales.

(Code 1997, § 40-724; Ord. of 2-6-2012, § 1(40-724))