A.

Within each zoning district's standards, certain property uses may be allowed provided they obtain a Special Land Use Permit (SLUP) from the Board of Commissioners. This additional review is necessary due to the increased possibility that such uses may have a negative impact on surrounding properties and their value. The County retains its right to subject certain uses to greater scrutiny to determine if they are appropriate or if additional safeguards may mitigate potentially harmful effects on neighboring properties. The Board of Commissioners shall determine whether a special use will be permitted or expanded within a particular zoning district on a case-by-case basis.

1.

For a Special Land Use Permit involving a short term Non Profit Special Event please see Section 712.01.E below.

B.

All applications for Special Land Use Permits heard by Board of Commissioners shall be advertised in the same manner as applications for rezoning and public hearings will be held thereon in the same manner.

C.

The Board may grant Special Land Use Permits for any given period of time at their own discretion.

D.

The Board shall consider, at a minimum, the following in its determination of whether or not to grant a Special Land Use Permit:

1.

Whether or not there will be a significant adverse effect on the neighborhood or area in which the proposed use will be located.

2.

Whether or not the use is compatible with the neighborhood.

3.

Whether or not the proposed use will constitute a nuisance as defined by state law.

4.

Whether or not property values of surrounding property will be adversely affected.

5.

Whether or not adequate provisions are made for parking and traffic considerations.

6.

Whether or not the site or intensity of the use is appropriate.

7.

Whether or not adequate provisions are made regarding hours of operation.

8.

The location or proximity of other similar uses (whether conforming or nonconforming).

9.

Whether or not adequate controls and limits are placed upon commercial deliveries.

10.

Whether or not adequate landscaping plans are incorporated to ensure appropriate transition.

11.

Whether or not the public health, safety and welfare of the surrounding neighborhoods will be adversely affected.

E.

The purpose of this section is to provide a method for applicants to obtain a Special Use Land Permit for a non profit special event with a shorter application process than required for a general Special Use Land Permit.

1.

Requirements to qualify a special event under this Section are:

a)

Proceeds from the event must go to a recognized charity or non profit organization;

b)

Activities associated with the special event shall only be permitted between the hours of 5:00 a.m. and 11:00 p.m.;

c)

Only six special events shall be permitted in a 12-month period at any given location;

d)

The special event shall be limited in duration, with the exact duration of the permit determined by the Board of Commissioners; and

e)

Meeting application deadlines to allow for the public hearing.

2.

In addition to a determination of the applicant meeting the requirements above, the Board of Commissioners shall consider the following in making a decision on whether to grant the Permit:

a)

Whether or not the event will be have a significant adverse effect on the neighborhood;

b)

Whether or not the event will constitute a nuisance as defined by state law;

c)

Whether or not the site is appropriate for the event;

d)

Whether or not the applicants have an unsatisfactory history of conducting similar events;

e)

Whether or not parking issues and traffic control have been adequately addressed; and

f)

Whether or not security for the event and its patrons has been adequately addressed; and

g)

Whether or not the expected financial contribution to the charity or non profit is appropriate for the event's likely revenues.

3.

Application forms shall be obtained from the Zoning Office, completed, and submitted to the Zoning Office no later that five (5) working days prior to the date the ad for the required public hearing to appear in the local newspapers. The ad must appear in the newspapers not less than fifteen days prior to a scheduled meeting of the Board of Commissioners.

4.

At the time the application forms are submitted to the Zoning Office the current fee for a Special Land Use Permit shall be paid. See fees as referenced in Subpart A, Chapter 1, Section 1-17 - Fee Schedule.

5.

Upon receipt of an application the following actions will take place:

a)

Zoning staff shall place the ad in newspapers and post the Public Notice sign on the property.

b)

Appropriate county staff shall review the application, and administrative staff shall prepare a report for the Board of Commissioners.

c)

Commissioners will be provided notice of the application including proposed location and description of the event.

6.

The Board of Commissioners shall conduct the Public Hearing, and make a final determination on the application.

(Ord. of 6-2-2009(3); Ord. of 12-6-2011; Mo. of 9-19-2013; Ord. No. 2019-01, § 1, 2-5-2019; Ord. No. 2019-04, § 1, 2-5-2019)

A.

Intent and Purpose. The Fair Housing Amendment Act (1988) states that local zoning regulations may not prohibit community residences and requires that counties provide "reasonable accommodation" of such uses. Polk County regulates community residences using criteria based upon the actual use of the facility and the number of individuals utilizing its services. This provides individuals with opportunities for normalization instead of institutionalization thereby reducing social costs and fostering personal growth and responsibility while also allowing the County to maintain viable neighborhoods based primarily upon similar single-family or planned multifamily dwellings.

B.

Group Homes. Group homes are defined throughout the entirety of this ordinance as dwellings shared by nonrelated individuals who live together as a single housekeeping unit and in a longterm family-like environment in which staff persons provide care, education and participation in community activities for the residents with the primary goal of enabling the residents to live as independently as possible in order to reach their maximum potential. This use shall also apply to homes for the handicapped; however, the term "handicapped" shall not include current illegal use of or addition to a controlled substance or alcohol, nor shall it include any person whose residency in the home would constitute a direct threat to the health and safety of other individuals. The term "group home for the handicapped" shall not include alcohol or drug treatment centers, work release facilities for convicts or ex-convicts, or other housing serving as an alternative to incarceration.

1.

Group homes with 6 or fewer residents, inclusive of resident staff, are permitted uses within the R-1, R-2, and R-4, zoning districts, provided:

a)

The structure meets all aspects of the Standard Housing Code including minimum dwelling space requirements.

b)

The operator of the group home obtains certification from the appropriate state licensing body.

c)

No other such facility or halfway house is located within 1,000 feet as measured from property line to property line.

2.

Group homes with more than 6 residents, inclusive of resident staff, may be permitted within the R-1, R-2, and R-4 zoning districts only if granted a Special Land Use Permit (SLUP) after a public hearing before the Board of Commissioners.

3.

Group homes may be permitted within R-4, RA-8 and LRO zoning districts (regardless of the number of occupants) if granted a SLUP from the Board of Commissioners.

4.

Group homes are considered permitted uses by right in OI zoning districts, subject to those standards set forth therein.

A.

Extended Stay Hotels or Motels shall be defined as any hotel or motel in which fifty percent or greater of all guest rooms have facilities for both the storage and preparation of food and which are designed or utilized for weekly or monthly occupancy.

B.

Extended Stay Hotels and Motels are permitted within the OS, and C-1 zoning districts and shall comply with the following restrictions:

1.

All guest rooms which have facilities for both the storage and preparation of food and have less than 300 square feet of floor area are limited to a maximum of 2 persons per such room; however, for all such guest rooms greater than 300 square feet, 1 additional person shall be allowable per each additional 75 square feet of floor area up to and including a maximum of 4 persons.

2.

No more than 10 percent of individual guests shall register, reside in, or occupy any room or rooms within the same licensed facility for more than a 180 day period.

3.

An indoor or fenced outdoor active recreation area shall be provided. The size of each recreation area shall be calculated at a ratio of 5 square feet per room with a minimum provision of 750 square feet. All recreation areas must be approved by the Planning and Zoning Director prior to development to ensure that all applicable safety specifications and standards are met.

4.

No permanent business license shall be issued for the conduct of any business from any guest room of the facility.

5.

No hotel or motel under this section is to be converted to or used as an apartment or condominium without prior approval of Board of Commissioners. Any hotel or motel converted to such use must meet all applicable state and local codes including zoning standards.

6.

Each guest room must be protected with a sprinkler system approved by the fire marshal or their designee.

7.

Each guest room having a stove-top unit or other type burner unit shall be required to also include a maximum 60 minute automatic power off timer for each such unit.

8.

A hard-wired smoke detector shall be provided and installed in each guest room.

9.

No outside storage or permanent parking of equipment or vehicles shall be allowed.

10.

All such facilities shall provide a 25-foot undisturbed buffer from any property zoned for multifamily residential purposes and/or a 50-foot undisturbed buffer from any property zoned for single-family residential purposes.

11.

No building may be placed within 300 feet of any residentially zoned property, inclusive of the required buffer.

12.

These restrictions shall apply to all facilities permitted or expanded after June 1, 2004.

13.

All extended stay facilities shall have a maximum density of 75 guest units per gross acre of development.

A.

Intent and Purpose. Certain occupational uses termed "home occupations" are allowed in dwelling units on the basis that such uses are incidental to the use of the premises as a residence. They have special regulations that apply to ensure that home occupations will not be a detriment to the character and livability of the surrounding neighborhood. The regulations ensure that the accessory home occupation remains subordinate to the residential use and the residential viability of the dwelling is maintained. The regulations recognize that many types of jobs can be done in a home with little or no effect on the surrounding neighborhood and, as such, may be permitted provided such uses:

1.

Are incidental to the use of the premises as a residence;

2.

Are conducted within the bona fide residence of the principal practitioner;

3.

Are compatible with residential uses;

4.

Are limited in extent and do not detract from the residential character of the neighborhood.

B.

Definition of Accessory Home Occupations. There are 2 types of home occupations, Type A and Type B. Permit requirements and uses allowed in each type vary and are allowed only if they comply with all of the requirements of this ordinance. Deviation from any standard requires a variance approval from Board of Commissioners.

1.

In Type A home occupations residents use their home as a place of work, home office or business mailing address. Employees or customers are prohibited from coming to the site. Examples include artists, crafts people, writers and consultants.

2.

In Type B home occupations the resident uses their home for work which requires or results in either employees or customers coming to the site. Examples are counseling, tutoring, family daycare, and single-chair hair cutting and styling. Type B home occupations must obtain a Special Land Use Permit from Board of Commissioners due to their greater possible impact on the surrounding neighborhood as a result of individuals and visitors from outside the neighborhood coming to the property.

C.

General Provisions and Prohibited Uses. All home occupations shall meet the following:

1.

A home occupation shall be incidental and accessory to the use of a dwelling as a residence. No more than 25% of the floor space of the dwelling unit (including attached garages) may be used for the occupation.

2.

There shall be no exterior evidence of the home occupation or alteration of the residence and/or accessory buildings to accommodate the home occupation. External changes which will make the dwelling appear less residential in nature or function are prohibited. Examples of such prohibited alterations include construction of parking lots, paving of required setbacks, or adding commercial-like exterior lighting. Any alteration or addition which expands the floor area of the principal structure dedicated to the home occupation use shall void the existing business license and require a new business license be obtained, subject to property compliance verification by the Department of Planning and Zoning. For Type B home occupations a new public hearing must be held for the rights associated with the Special Land Use Permit to be reestablished.

3.

There shall be no outside operations or exterior storage of inventory or materials to be used in conjunction with a home occupation.

4.

No use or activity may create noise, dust, glare, vibration, smoke, smell, electrical interference or any fire hazard.

5.

All home occupations shall be subject to periodic inspections by the Department of Planning and Zoning.

6.

Any type of repair or assembly of vehicles or equipment with internal combustion engines (such as autos, motorcycles, marine engines, lawn mowers, chain saws and other small engines) or of large appliances (such as washing machines, dryers, and refrigerators) or any other work related to automobiles and their parts is prohibited.

D.

Specific Criteria for Type A Home Occupations. In addition to the general criteria established in Subsection C, Type A home occupations are subject to the following restrictions:

1.

No clients, nonresident employees or customers are allowed on the premises.

2.

Pickups from and deliveries to the site in regard to the business shall be restricted to vehicles which have no more than 2 axles and shall be restricted to no more than 2 pickups or deliveries per day between the hours of 8 a.m. and 6 p.m.

3.

No signage regarding the home occupation is permitted on the property.

E.

Specific Criteria for Type B Home Occupations. In addition to the general criteria established in Subsection C, Type B home occupations are subject to the following restrictions:

1.

A Special Land Use Permit must be obtained from Board of Commissioners following a public hearing. Board of Commissioners shall consider the desires of the immediate neighborhood, the nature of the proposed business, the availability of parking, traffic generation and any other issue that may detract from the residential character of the area and property values. The public hearing shall follow the same procedures and fees set forth in Division 722.

2.

No Type B home occupation may be established in districts zoned for multifamily residential purposes.

3.

Family day care facilities must be certified by Georgia Department of Human Resources prior to the issuance of a business license and must accompany all applications for a Special Land Use Permit. The number of children allowed by this ordinance shall be calculated at 1 child per 250 gross square feet of the residence.

4.

Two nonresident employees are allowed with a Type B home occupation provided no customers come to the site and adequate parking is provided on-site. Home occupations which have customers coming to the site are not allowed to have nonresident employees (defined as an employee, business partner, co-owner, or other person affiliated with the home occupation, who does not live at the site, but who visits the site as part of the home occupation.)

5.

Retail sales of goods must be entirely accessory to any permitted services provided on the site (such as hair care products sold as an accessory to hair cutting).

6.

No more than 1 Type B home occupation per dwelling is permitted.

7.

Customers may visit the site only between the hours of 8 a.m. and 8 p.m.

8.

Each Type B home occupation is permitted signage according to the following criteria:

a)

Sign shall be either an attached wall sign or detached sign only and limited to 6 square feet;

b)

Signs may not be illuminated in any fashion;

c)

No detached sign may exceed 4 feet in height; and

d)

All signs are permitted through the Department of Planning and Zoning.

Towers may be permitted in C-1, I-1, I-2, and OS zoning districts pursuant to those additional restrictions listed herein.

A.

General Requirements.

1.

A Special Land Use Permit granted by Board of Commissioners shall be required for the construction of all new communications towers within the County limits after the following factors are considered:

a)

The proposed height of the tower;

b)

Proximity to residential structures and residential district boundaries;

c)

Nature of uses on adjacent and nearby properties;

d)

Surrounding topography, tree coverage and foliage;

e)

Design of the tower, with particular reference to design characteristics which have the effect of reducing or eliminating visual obtrusiveness.

2.

All permit applications submitted to the Department of Planning and Zoning shall include a complete inventory of the applicant's existing towers and receivers/transmitters located within Polk County including each asset's location, height and collocation usage or capabilities. The Department of Planning and Zoning shall utilize such information to promote collocation alternatives for other applicants.

3.

All applicants must demonstrate that no existing tower or structure can accommodate the proposed antenna(s). Evidence of an engineering nature shall be documented by the submission of a certification by a qualified engineer. Such evidence may consist of the following:

a)

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

b)

No existing structure is of sufficient height to meet the applicant's engineering requirements.

c)

No existing tower or structure has sufficient structural strength to support applicant's proposed antenna(s) and related equipment.

d)

Applicant's proposed antenna(s) would cause electromagnetic interference with the antenna(s) on the existing tower or structure.

e)

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

f)

Such other limiting factor(s) as may be demonstrated by the applicant.

4.

At the time of filing the application for a tower, the applicant shall provide a site plan and information regarding tower location, accessory structures, neighboring uses and proposed landscaping. Documentation must be submitted and certified by a qualified engineer delineating coverage and propagation zones, tower design and collocation capabilities.

5.

In granting a Special Land Use Permit, the Board of Commissioners may impose additional conditions to the extent determined necessary to minimize adverse effects on adjoining properties.

B.

Standards.

1.

All towers must be set back a distance of twice (X 2) the full height of the tower from any residentially zoned property or structure used for residential purposes.

2.

All towers shall be separated from each other by a distance of at least 1,000 feet.

3.

All new self-supporting towers which do not incorporate approved alternative design features must be designed and built in a manner that allows at least 2 other entities to co-locate on the structure.

4.

All towers and their related structures shall maximize the use of building materials, colors, textures, screening and landscaping that effectively blend the tower facilities within the surrounding natural setting and built environment. Towers shall be painted so as to reduce their visual obtrusiveness, subject to any applicable standards of the Federal Aviation Administration (FAA).

5.

Any tower which directly abuts a residentially zoned property shall have a minimum 50' landscaped buffer with a solid fence or wall no less than 6 feet in height.

6.

All landscaping plans shall be prepared by a registered landscape architect. For each 30 linear feet of perimeter fencing, no less than 2 trees and 2 shrubs shall be installed. The remainder of the property shall be landscaped in accordance with County standards (see standards set forth in Section 712.08).

7.

Towers shall be enclosed by security fencing not less than 6 feet in height and shall be equipped with an appropriate anticlimbing device; provided, however, that such requirements may be waived for alternative design mounting structures.

8.

All towers shall be monopole designed except those located in Heavy Industrial districts that are greater than 150 feet in height.

9.

All towers must meet or exceed current standards and regulations of the Federal Communications Commission (FCC) and FAA.

10.

Subsequent to Board of Commissioners approval but prior to the issuance of any building permits, compliance with Section 106 of the Natural Historic Preservation Act, shall be demonstrated.

11.

Tower heights shall be measured from the existing ground base level to the highest point on the tower or other structure, even if said highest point is an antenna, in accordance with Table C:

TABLE C. MAXIMUM

TELECOMMUNICATION TOWER HEIGHTS

*Refers to the number of separate entities collocating on the same structure.

C.

Administrative Approval.

1.

The addition of transmitting and/or receiving whip antennas and panels may be approved administratively by the Planning and Zoning Director, so long as any such addition does not add more than 10 feet in height to an existing structure greater than 50 feet in height or more than 5 feet in height to an existing structure less than 50 feet in height but greater than 20 feet in height and all necessary building permits are obtained. Such acceptable structures include buildings, signs, light poles, water towers, and other free standing nonresidential structures. Antennas attached to existing structures, along with supporting electrical and mechanical equipment, shall be of a color identical to, or closely compatible with, that of the supporting structure. Notification shall be given to Board of Commissioners at least 10 days prior to the granting of said request, and if no objection is lodged, considered valid.

2.

The Planning and Zoning Director may administratively approve alternative mounting structures such as fake trees, clock towers, bell steeples, light standards, and similar alternative mounting structures, provided such alternative structure is determined by the Director to satisfy such factors set forth in subsection A. These structures shall also be exempt from the additional separation and setback requirements pertaining to towers. Notification shall be given to Board of Commissioners at least 10 days prior to the granting of said request, and if no objection is lodged, considered valid.

3.

The Planning and Zoning Director may administratively approve the shared use of an existing tower or structure by another provider, including the placement of additional accessory buildings or other supporting equipment. The Director may administratively waive district setback requirements by up to 50% to accommodate the placement of such additional buildings or other supporting equipment in order to encourage the shared use of existing infrastructure.

4.

The addition of antennas to an existing structure are exempted from all setback requirements which pertain to residentially zoned or used properties.

D.

Removal of Antennas and/or Towers. All towers shall be maintained in compliance with standards contained in applicable building and technical codes so as to ensure the structural integrity of such towers. If upon inspection by the Department of Public Works such tower is determined not to comply with the code standards and to constitute a danger to persons or property, then upon written notice by certified mail, return receipt requested, or by personal service being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance. The owner of the tower may appeal the determination by the Department of Public Works by filing a written appeal to the County Manager within 10 days of the receipt of the notice of noncompliance by the owner. The County Manager shall hold a hearing within 5 days of receiving said written appeal. In the event such tower is not brought into compliance within 30 days, the County may petition the municipal court for an order removing such antenna and/or tower and may petition the court for a lien upon the property for the costs of removal.

E.

Exceptions.

1.

Antennas or towers located on publicly owned property or owned by governmental bodies shall be exempt from the requirements of this ordinance, provided a license or lease authorizing such antenna or tower has been approved by the appropriate governing body.

2.

A tower under 70 feet in height owned and operated by a federally-licensed amateur radio station operator shall be exempted from these requirements. However, the owner or operator of such tower shall be required to comply with all applicable local, state and federal codes.

3.

Any existing or previously approved tower or antenna shall be considered "grandfathered" and will not be required to meet any additional requirements of this ordinance other than those in place prior.