No part of a yard or other open space required for one building shall be included as part of a yard or other open space similarly required for another building. Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for the ordinary projection of sills, cornices, buttresses, ornamental features, chimneys, flues, and eaves, provided such projections do not extend more than two feet into the yard area requirements.

(Code 2003, § 39-102(4))

Minimum side yard requirements for corner lots shall not be less than the minimum front yard requirements for such lots.

(Code 2003, § 39-102(5))

(a)

In all commercial zones, more than one principal building containing a permitted or conditional use may be erected on a single lot or tract of land provided that all yard and other space requirements of this chapter are met for each structure as though it were on an individual lot. Further, in the agricultural zone, more than one principal building housing a permitted single-family residential use may be erected on a single-family residential lot or tract of land provided all yard and other space requirements of this chapter are met for each structure as though it were on an individual lot.

(b)

No residential parcel of land shall contain more than one principal building. Accessory buildings may be allowed. If a parcel currently contains more than one principal building, that parcel and those buildings shall be considered as a "nonconforming building or use" subject to the provisions of section 119-45 of this Code.

Any division of land or the creation of any lot within the city limits is subject to and shall be governed by the City of Porterdale Development Regulations set out at chapter 115 of this Code, and must be reviewed and approved by the city prior to recording in the county land records.

(Code 2003, § 39-102(6); Ord. of 4-4-2016, § 2)

The following minimum distances between buildings are required unless otherwise specified within this chapter.

(1)

The minimum distance between principal uses located on the same lot or parcel:

a.

Front to front arrangement: 40 feet.

b.

Front to rear arrangement: 50 feet.

c.

Rear to rear arrangement: 30 feet.

d.

Side to side arrangement: 20 feet.

e.

All other combinations: 20 feet.

(2)

There shall be a distance of not less than 20 feet between a principal and accessory building located on the same lot or parcel.

(3)

No accessory building shall be located closer than 20 feet to any lot line in any zoning district.

(Code 2003, § 39-102(7))

The "small town character" of Porterdale is what distinguishes the town and village from other more generic suburban area. The intent of these requirements is to maintain and preserve the community's sense of identity and the integrity of areas both inside and outside the historic district while allowing for improvements to the housing stock; maximizing the potential for incremental reversals of past infractions and errors; all resulting in the improvement of the quality of life for all residents. The city can accomplish these goals by regulating structures that may impact adjoining properties and the community at large.

Only by maintaining the historic integrity of the original village and the quality of new development can the city as a whole preserve its underlying character. To protect these critical elements, the following standards shall apply:

(1)

Historic district. All developments within the designated historic districts shall conform to the standards of that district.

(Reference: Porterdale Historic Preservation Standards.)

(2)

All areas within the city limits. In the event of conflicting standards, resolution shall be in the hierarchy of: (1) health and safety, (2) historic preservation, (3) supplemental regulations.

a.

Commercial buildings.

1.

Exterior walls shall be red brick or other material compatible with the style of the existing downtown commercial district.

2.

Doors and fenestrations shall be regular and symmetrical, and compatible with the style of the existing downtown commercial district. Materials may be subject to specific stipulations by the city council.

3.

Roof lines shall be subject to approval by the city council.

b.

Residential buildings and fences.

1.

Exterior walls shall be brick or stone facade, or wood paneling. Hard material (i.e., "Hardy Plank" or similar durable material) may substitute for wood paneling. Composite paneling, hollow siding (aluminum or vinyl), and other similar materials are prohibited.

2.

Roofs shall be asphalt shingles or similar modern material. Metal roofs may be used if specifically approved by the city council.

3.

If original doors or doorframes are replaced, replacement doorway will be a minimum of 36 inches wide to provide handicapped accessibility. The goal of this requirement is to facilitate the evolution of the housing stock into a community that accommodates all ages and abilities, and allows residents to "age in place".

4.

In order to be consistent with traditional Porterdale housing styles, floor elevations shall average a minimum 24 inches above the surrounding ground elevation. This may be achieved by crawlspace type construction, backfilling within a perimeter foundation, or by using monolithic turn-down footings around slabs.

5.

At least one entrance into each residence shall be handicapped accessible.

6.

Front yard fences, gates, and arbors are prohibited. Border fences are allowed behind the front face of the residence. Fencing facing public streets should be no higher than 42 inches. Fencing attached to the structure must be located behind the front edge of the side windows closest to the front face of the residence, or one third of the depth of the house from the front face, but shall be a least 12 feet behind the face of the residence. Privacy and containment fences shall be in the rear of residences and may be no more than six feet high. Fence material must be compatible with the style and structure of the residence and the neighborhood.

(Ord. of 4-4-2016, §§ 1, 3)

(a)

The building envelope shall not exceed 15 feet beyond the building footprint with the exception of one 15-foot wide construction entrance to the site and the location of underground utilities. All trees outside the building envelope shall be protected. The construction entrance must be the same location as the finished driveway. Underground utilities should be installed adjacent to the construction entrance. However, if it is impossible, no more than a four-foot trenching entrance is permitted. Areas beyond building envelopes should be restricted against development. Building envelope lines should not be drawn into wetlands, floodplains, or steep slopes (slopes in excess of 25 percent) and shall not include the tops of ridge lines.

(b)

Existing features that would add value and quality of life benefits to residential development or to the community as a whole, such as trees, watercourses and falls, historic spots, and similar irreplaceable assets, shall be preserved in the design of the subdivision. No trees shall be removed from any subdivision nor any change of grade of the land affected until approval of the preliminary plat has been granted and appropriate permits issued. All trees on the plat required to be retained shall be preserved, and all trees, where required, shall be welled and protected against change of grade. The sketch plat shall show the number and location of existing trees as required by these regulations and shall further indicate all those marked for retention.

(Code 2003, § 39-102(9); Ord. of 4-4-2016, § 4)

The root system of trees can easily extend two to three times beyond the dripline of the tree canopy. The root system within the dripline region is generally considered to be the critical root zone. Disturbance within this zone can directly affect a tree's chances for survival. To protect these critical root zones the following standards shall apply:

(1)

Use of tree save islands and stands are encouraged rather than the protection on individual (non-specimen) trees scattered throughout a site.

a.

This will facilitate overall site organization as related to tree protection. The protection zone of specimen trees or stands of trees or otherwise designated tree save areas shall include no less than the total area beneath the tree canopy. A specimen tree is defined as any tree in fair or better condition which equals or exceeds the following diameter sizes:

1.

Large hardwoods, i.e., oaks, hickories, yellow poplars, etc.: 30 inches DBH (diameter at breast height).

2.

Large softwoods, e.g., pines, evergreens, etc.: 30 inches DBH.

3.

Small trees, e.g., dogwoods, redbuds, sourwoods, etc.: ten inches DBH.

b.

Any tree in fair or better condition should meet the following minimum standards:

1.

A life expectancy of greater than 15 years.

2.

A relatively sound and solid trunk with no extensive decay or hollow, and less than 20 percent radial trunk dieback.

3.

No major insect or pathological problem.

c.

Layout of the project site utility and grading plans should accommodate the required tree protection zones. Utilities must be placed outside tree protection zones.

d.

Construction site activities, such as parking, material storage, concrete washouts, burn pit placement, and vehicle and equipment maintenance, shall be located outside tree protection zones and arranged so as to prevent disturbances within tree protection zones.

e.

No disturbance shall occur within the protection zone of specimen trees or stands of trees without prior approval of the zoning administrator.

f.

To avoid soil compaction, vehicular traffic is not to be permitted in the root or tree protection zone. If vehicular traffic must occur in the root zone, minimize soils compaction by applying a four-inch to 12-inch layer of coarse mulch in the traffic area.

g.

Active tree protection tree fencing shall be installed along the outer edge of and completely surrounding the critical root zones of all specimen trees or stands of trees, or otherwise designated tree protection zones, prior to any land disturbance.

h.

These fences will be a minimum of four feet high constructed in post and rail configuration. A two-inch by four-inch post and a double one-inch by four-inch rail is recommended. Four foot orange polyethylene laminar safety fencing is also acceptable. This fencing shall remain in place until the final inspection is issued on said project by the building inspector.

i.

Passive forms of tree protection may be utilized to designate tree save areas which are remote from areas of land disturbance. These areas must be surrounded with continuous rope or flagging (heavy mil minimum four inch wide). All passive tree protection must be accompanied by "keep out" signage.

j.

All specimen trees or stands of trees, or otherwise designated tree protection zones, must be protected from the construction processes that cause sedimentation, erosion, flooding, and other conditions resulting in tree damage.

1.

Silt screening must be placed along the outer uphill edge of tree protection zones at the land disturbance interface.

2.

Silt screening should be backed by 12 gauge, two-inch by four-inch wire mesh fencing in areas of steep slope (a grade of 2:1 or greater).

3.

All erosion control must comply with chapter 113.

k.

All tree fencing and erosion control barriers must be installed prior to any land disturbance and maintained throughout the land disturbance process and the building construction. The fencing shall not be removed until landscaping is installed.

(2)

Shade trees planted by developer. As a requirement of subdivision approval, where the development is not naturally wooded, the applicant shall plant shade trees on the property within the subdivision. Trees are to be planted within five feet of the right-of-way of the roads within and abutting the subdivision. One tree shall be planted for every 40 feet of frontage along each road. New trees shall have a minimum trunk diameter (measured 12 inches above the ground level) of not less than two inches. Only long-lived shade trees shall be planted.

(3)

Maintenance of planted trees. The developer shall be responsible for replacing any tree that dies within three years of the completion of the entire development or, if a phased development, within three years of the completion of the phase in which the now dead tree was planted.

(Code 2003, § 39-102(10))

The requirements for controlling curbcuts and maintaining vision and pedestrian clearance shall be as follows:

(1)

Curbcuts. No curbcut shall be less than nine feet nor greater than 30 feet in length unless the property will primarily serve tractor-trailer traffic. Single-family residential curbcuts shall not exceed 12 feet. Except in residential zoning districts, no curbcut shall be closer than 100 feet to another curbcut or access point. At street intersections, no curbcut or other access point shall be located closer to the intersection than is necessary to serve the property, but in no case shall be closer than 50 feet from the intersecting point of the two street right-of-way or property lines involved (or such lines extended in case of a rounded corner), whichever is the least restrictive. Adjacent properties are strongly encouraged to utilize shared parking arrangements as outlined in section 119-461 in an effort to minimize curbcuts and impervious parking area. A permit must be obtained from the Georgia Department of Transportation before curbcuts or any other point of access is authorized onto state-owned highway rights-of-way from abutting property.

(2)

Vision and pedestrian clearance. In all zoning districts, no fence, wall, shrubbery, sign, marquee or other obstruction to vision between the heights of 1.5 feet and ten feet from the ground level is permitted within 20 feet of the intersection of the right-of-way lines of two streets or railroad lines, of a street intersection with a railroad line, or of curbcuts or driveways. In order to provide safe passage for both vehicles and pedestrians, no fence or wall shall be located closer than 36 inches to the edge of any street or alley.

(Code 2003, § 39-105(4); Ord. of 4-4-2016, §§ 5—7)

All streets in Porterdale, Georgia, are divided into the following classes.

(1)

Arterials. An arterial is a high-volume street that serves no residences. Its function is to conduct traffic between communities and activity centers and to connect communities to major state and interstate highways.

(2)

Collector. As the principal traffic artery within residential or commercial areas, the collector carries relatively high traffic volumes and conveys traffic from arterial streets to lower-order streets. Its function is to promote the free flow of traffic; as such, communities should not encourage parking or residences along a collector. The collector's secondary function is to serve abutting land uses. A collector street may also accommodate public transit such as buses.

(3)

Subcollector. The subcollector provides passage to access streets and conveys traffic to collectors. Like the access street, the subcollector provides frontage and access to residential lots but also carries some through-traffic to lower-order access streets. The subcollector is a relatively low-volume street. Subcollectors usually serve more dwellings than an access street and carry a small volume of through-traffic to one or more access streets.

(4)

Residential streets and access roads. Sometimes called a place or lane, residential streets and access roads are designed to conduct traffic between dwelling units and higher order streets. This category includes short streets, cul-de-sac, and courts. Access streets are so designated due to their lack of through-traffic and for the fact that they serve only a few dwelling units or businesses.

(5)

Alleys. Alleys in the city are considered to be public rights-of-way. All rules and regulation applicable to public rights-of-way shall apply to alleys.

(6)

Redundant access. In the interest of public health and safety, any public street or system of streets serving 20 or more residential units or commercial entities, or generating more than 200 average daily traffic trips (ADT) shall have more than one connection to a collector street. (Reverence: "Residential Streets," 3rd Edition, a joint publication of Urban Land Institute, Nat'l Assoc. of Home Builders, ASCE and ITE.)

(7)

Trails and pathways. The City of Porterdale is committed to the concept of a walkable community. New development or redevelopment projects must be designed to facilitate convenient access for pedestrians, bicycles, and wheelchairs. Where multi-use trails, pathways, or greenway are planned by the city, appropriate easement or rights-of-way must be provided as a condition of development.

(Code 2003, § 39-105(5); Ord. of 4-4-2016, §§ 8—10)

Commercial vehicles and trailers of all types, including travel, boat, camping and hauling, shall not be parked or stored on any lot or parcel in any zoning district except in accordance with the following requirements:

(1)

No commercial vehicle used for hauling explosives, gasoline or liquefied petroleum products is permitted.

(2)

Recreational vehicles, hauling trailers, or boat trailers are permitted if parked or stored at least 12 feet behind the front yard building line.

(3)

A recreational vehicle shall not be occupied either temporarily or permanently while it is parked or stored in any area except in a recreational vehicle park authorized under this chapter, or as otherwise stated in this chapter.

(4)

In all residentially zoned districts it is prohibited to park or store abandoned, wrecked or junked vehicles, power-driven construction equipment, used lumber or metal, commercial vehicles (except those on a service call), or any other miscellaneous scrap or salvageable material in quantity. For the purposes of this subsection, an abandoned vehicle is a vehicle without current state license.

(5)

No automobile, recreational vehicle, trailer, or other vehicle offered for sale shall be parked in the right-of-way.

(Code 2003, § 39-105(6); Ord. of 4-4-2016, § 11)

All required buffer areas and landscape strips are in addition to area, yard, and height requirements for the zoning district as specified in this chapter.

(1)

In the commercial districts, any operation not conducted within a building, such as outdoor recreation, outdoor storage of materials, and outdoor servicing activities, shall be enclosed by a solid wall or solid fence or tight evergreen hedge not less than eight feet in height. Wall and fence material must be of similar material to surrounding buildings and must be compatible with the character of the area. The bottom of the fence must be no higher than four inches from the ground. The top of the fence must not evidence significant elevation changes (i.e., the top of the fence at the highest topographic elevation will determine the height of all portions of the fence, regardless of elevation changes). If constructed from wood, the fence height must be achieved by the installation of one continuous eight-foot, or greater, board. The council shall, based on the character of the area, determine whether the applicant must install the solid wall, solid fence, or tight evergreen hedge.

(2)

In any zoning district not subject to other screening requirements but requiring screening of a specified operation, said screening shall be a solid wall or solid fence or tight evergreen hedge not less than eight feet in height. The tight evergreen hedge shall grow to at least eight feet in height within five years. There shall be a perimeter landscape strip at least 20 feet wide, unless otherwise specified, that conforms to the planting requirements of article IV, division 5, of this chapter. All buffer area requirements are in addition to the area, yard, and height requirements for that zoning district. Prior to any site construction or grading, the zoning administrator must approve a landscaping plan prepared pursuant to article IV, division 5, of this chapter.

(3)

Any grading, improvement or construction adjacent to the buffer must not disturb or encroach on the buffer area.

(Code 2003, § 39-105(7); Ord. of 4-4-2016, § 12)

The location of accessory buildings and uses must meet the following requirements:

(1)

All accessory building, structures, and uses of land, including off-street parking, shall be located on the same lot as the principal building to which they are accessory.

(2)

Where an accessory building is attached to the main building, a substantial part of one wall of the accessory building shall be an integral part of the main building or such accessory building shall be attached to the main building in a substantial manner by a roof, and therefore meet requirements applicable to the main building. Construction must be of similar material and must be compatible with the character of the area.

(3)

No accessory building shall be utilized unless the principal structure is also occupied.

(4)

In the R1 and R2 zoning district, a detached accessory structure cannot exceed the height of the principal building nor cover more than ten percent of the lot. In the GN and GC zoning district, a detached accessory structure cannot exceed the height of the principal building nor cover more than 30 percent of the lot. A detached accessory building in all other zoning districts shall not cover more than 30 percent of the lot nor exceed a height that will ensure adequate fire protection. Accessory structures must be of similar material to the principal building and must be compatible with the character of the area.

(5)

No detached accessory building may be located on the front yard of a lot.

(6)

Manufactured homes shall not be used as accessory building in any residential zoning district.

(7)

No storage trailer shall be used as a temporary or accessory structure.

(Code 2003, § 39-105(13)(A); Ord. of 4-4-2016, §§ 13, 14)

Temporary buildings used in conjunction with construction work only may be permitted in any nonresidential zoning district, provided that no temporary building shall be used for a residential purpose and the building shall be removed immediately upon completion of construction.

(Code 2003, § 39-105(13)(B); Ord. of 4-4-2016, § 15)

The conduct of business (home occupation) in residential units may be permitted under the provisions of this section. It is the intent of this section to ensure the compatibility of home occupations with other uses permitted in the applicable zoning districts; maintain and preserve the character of residential neighborhoods; and provide peace, quiet, and domestic tranquility within all residential neighborhoods within the zoning district, in order to guarantee to all residents freedom from excessive noise, excessive traffic, nuisance, fire hazard, and other possible effect of commercial uses being conducted in this zoning district. Residential home occupations, where permitted, must meet the following special requirements:

(1)

A home occupation is subordinate to the use of a dwelling unit for residential purposes. No more than ten percent of the floor area of the dwelling unit may be used in connection with a home occupation or for storage purposes in connection with a home occupation.

(2)

No more than one home occupation shall be permitted within a single dwelling unit.

(3)

A home occupation shall be carried on wholly within the principal use. No home occupation, nor any storage of goods, materials, or products connected with a home occupation, shall be allowed in accessory buildings or garages, attached or detached.

(4)

No one other than residents of the dwelling shall be employed in the conduct of a home occupation.

(5)

A home occupation shall produce no noise or obnoxious odors, vibrations, glare, fumes, or electrical interference detectable to normal sensory perception outside the structure.

(6)

A home occupation which will constitute a fire hazard to neighboring residences, will adversely affect neighboring property values, or will constitute a nuisance or otherwise be detrimental to the neighbors because of excessive traffic, excessive noise, odors, or other circumstances is not to be permitted.

(7)

No traffic shall be generated by such home occupations in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off-street and other than in a front yard.

(8)

On the premises, retail sales are prohibited except for the retail sales of products or goods produced or fabricated on the premises as a result of the home occupation.

(9)

There shall be no exterior indication of the home occupation or variation from the residential character of the principal use.

(10)

No on-street parking of business related vehicles (either marked or commercially equipped) shall be permitted at any home. No business vehicles larger than a van, panel truck, or pickup truck is permitted to park overnight on the premises. The number of business related vehicles is limited to one.

(11)

Permitted residential home occupations:

a.

Architectural services.

b.

Art studio.

c.

Beauty shop.

d.

Consulting services.

e.

Data processing.

f.

Direct sale product distribution (Amway, Avon, Jaffra, Tupperware, Herbalife).

g.

Drafting and graphic services.

h.

Dressmaking, sewing, tailoring, contract sewing (one machine).

i.

Electronic assembly.

j.

Engineering service.

k.

Financial planning or investment services.

l.

Flower arranging.

m.

House cleaning service.

n.

Insurance sales or broker.

o.

Interior design.

p.

Locksmith.

q.

Real estate sales or broker.

r.

Tutoring.

s.

Writing, computer programming.

t.

Other similar uses as approved by the council.

(12)

Prohibited residential home occupations:

a.

Ambulance service.

b.

Appliance repair.

c.

Automobile repair, parts sales, upholstery, or detailing, washing service (including businesses working at customer's home).

d.

Boardinghouse, bed and breakfast.

e.

Carpentry, cabinet makers.

f.

Contracting, masonry, plumbing, or painting.

g.

Medical or dental office (nor any practice of physical or medical application, including chiropractors).

h.

Restaurants, food preparation.

i.

Tow truck services.

j.

Veterinary uses (including care, grooming or boarding).

(Code 2003, § 39-105(14); Ord. of 4-4-2016, § 16)

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

(1)

Location. The property on which a gasoline service station is located shall not be within 100 feet of any residential zoning district, or any property containing a school, public playground, church, hospital, public library, institution for children or dependents.

(2)

Site requirements. A service station shall have a minimum frontage on the primary street of 100 feet and a minimum area of 12,000 square feet. All buildings shall be set back 40 feet from all street right-of-way lines and all canopies shall be set back 15 feet from all street right-of-way lines.

(3)

Access to site. Vehicular entrances or exits at a gasoline service station:

a.

Shall not be provided with more than two curbcuts for the first 100 feet of street frontage or fraction thereof.

b.

Shall contain an access width along the curbline of the street of not more than 30 feet as measured parallel to the street at its narrowest point and shall not be located closer than 25 feet from the intersecting point of the two streets rights-of-way or ten feet to the adjoining property.

c.

Shall not have any two driveways, or curbcuts, any closer than 20 feet at both the right-of-way line and the curb or edge of the pavement along a single street.

(4)

Gasoline pump islands. All gasoline pump islands shall be set back at least 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, and where pump islands are constructed perpendicular to the right-of-way line, the pump island shall be located not less than 30 feet from the right-of-way line; however, the pump island shall be at least 60 feet from the centerline of a collector street and 45 feet from the centerline of other streets.

(5)

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

(6)

Other site improvements. In addition to the above requirements, the following additional site improvements shall be adhered to:

a.

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

b.

A transitional buffer is required between dissimilar districts or uses. Buffers shall be natural, undisturbed, and free of encroachments except as authorized by a condition of zoning, or as authorized herein, and shall contain the existing tree cover and vegetation as well as any supplemental plantings as may be required. Buffers shall be of such nature and density so as to screen activities, structures, and uses on the property from view from the normal level of a first story window on an abutting lot and shall further provide a yearround effective visual screen. Buffers required along side property lines shall extend to a street right-of-way line unless otherwise required to observe the sight distance requirements or as authorized as a condition of zoning. In situations where the required buffer width is partially or completely contained within an existing easement (i.e., power or natural gas transmission, etc.), the screening requirements of this chapter shall be met outside of the easement area.

c.

Exterior lighting shall be arranged so that it is deflected away from adjacent properties and streets.

d.

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

e.

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

f.

All areas subject to fuel spills or drippage by customers or suppliers shall drain to oil/water separation devices. Oil/water separation devices shall be operated and maintained in accordance with the design requirements of such devices.

(7)

Storage of inflammable products. Outside above-ground tanks for the storage of gasoline, liquefied petroleum gas, oil or other inflammable liquids or gases shall be prohibited at any service station. All used motor oil shall be stored in underground tanks. However, storage tanks for the retail sales of propane gas shall be permitted.

(8)

Minimum services and facilities required. In the interest of public health and safety, gas stations shall provide all facilities necessary for refueling vehicles, and shall stock and have available all basic supplies normally used in the routine operation of automobiles. This shall include standard grades of gasoline, motor oil, antifreeze/coolant, transmission fluid, and brake fluid. Facilities shall be readily available and maintained in good working order for washing windshield and windows, and refilling air in tires. Providers may charge for the use of these facilities if desired. Gas stations are not obligated to stock automobile repair parts, supplies, or tools.

(Code 2003, § 39-105(15); Ord. of 4-4-2016, §§ 17, 18)

(a)

The acceptance of paying guests shall be an accessory use to the dwelling unit.

(b)

The only uses permitted shall be the renting of rooms and the serving of foods to guests renting said rooms (accessory uses commonly associated with hotels and motels, i.e., gift shops and banquet halls, shall be permitted). Other accessory uses are prohibited.

(c)

All parking shall be off-street.

(d)

One wall sign, not exceeding one square foot in area, motionless, non-lighted, shall be permitted. No other signs shall be permitted on the premises.

(e)

The operator of the bed and breakfast must live on the premises.

(Code 2003, § 39-105(16))

In addition to the provisions regulating open or outdoor storage yards under the local amendments to Section 302.11 of the International Property Maintenance Code, as set forth in section 103-4 of this Code, the following rules apply where open or outdoor storage yards are permitted by this zoning ordinance:

(a)

The storage yard must not be located within a required front yard.

(b)

The storage yard must be setback at least 25 feet from any side or rear property lines and shall be screened by a solid fence or wall, at least eight feet high, which is setback a similar distance from any side or rear property lines, appropriately landscaped and maintained. Wall and fence material must be similar to surrounding buildings and must be compatible with the character of the area.

(c)

If an outdoor storage yard is established in connection with a permitted building, it shall meet the above requirements.

(Code 2003, § 39-105(17); Ord. of 4-4-2016, §§ 19, 20)

(a)

Clubs/lodges are placed not less than 50 feet from any property line.

(b)

Unless located in a C-G Zoning District adjacent to a residential district, there shall be a planted buffer area ten feet wide along its exterior boundary lines not bordering the frontage street and not extending into the required front yard. The buffer area should be planted with evergreen trees or evergreen shrubs that grow at least eight feet tall within five years and provide an effective visual screen.

(c)

A complete development sketch must be submitted with the application.

(d)

Adequate paved and lined off-street parking must be provided.

(Code 2003, § 39-105(18))

(a)

All vehicles not in operating condition must be parked in a garage or other enclosed building.

(b)

All automobile parts must be stored within a garage or enclosed building.

(Code 2003, § 39-105(19); Ord. of 4-4-2016, § 21)

(a)

Satellite dish antennas shall be no larger than 36 inches in diameter.

(b)

Satellite antenna dishes shall not be located in a front yard, on a front wall, or on a front roof plane. Dish antennas may be located on a backyard roof plane, back wall, or side wall.

(c)

If a dish cannot be located as per subsections (a) and (b) of this section to receive adequate signal, a property owner may petition the city manager for an exception. The petition must contain adequate information and explanation from a qualified professional to justify any exception.

(Code 2003, § 39-105(20); Ord. of 4-4-2016, § 22)

Combination gas station, fast-food restaurant, and convenience stores shall be regulated on a site-by-site basis under conditional standards that address the following issues.

(1)

Circulation. The council shall require that the site accommodate high levels of traffic while maintaining the smooth circulation of vehicles on site. Driveways and service areas shall be placed in locations that reduce the chance of interrupting on-site vehicle movement. Buildings must be placed in a manner that screens the drive-through land and creates pedestrian pathways and spaces. In order to maintain on-site circulation, each drive-through area is to be separate from pump islands and from routes necessary for entering and exiting the property.

(2)

Driveway entrances. Driveway entrances shall be posted "No Thru Traffic".

(3)

Parking. On-site parking for facilities that combine gas stations with convenience stores and fast food restaurants must equal three spaces per 1,000 square feet of gross floor area.

(4)

Landscaping/buffering.

a.

Where the site is adjacent to residential development or commercially zoned properties, landscaping requirements include the construction of a 30-foot-deep transitional organically landscaped bufferyard and an opaque or nearly opaque screen consisting of a wall, fence, or evergreen vegetation to a height of at least eight feet, in addition to a minimum total landscaping equal to at least 20 percent of the area of the site not covered by buildings.

b.

Speaker boxes shall not be audible on any residential property adjacent to the business.

(5)

Signs. Signs shall comply with this article as applied to the commercial zoning districts with the following limitations:

a.

Only one freestanding sign identifying businesses located on the property is allowed.

b.

One wall sign is allowed per subtenant but the aggregate square footage of all subtenant signs cannot exceed 25 percent of the front wall area.

(Code 2003, § 39-105(21)(H)—(L); Ord. of 4-4-2016, §§ 23, 24)

(a)

Only acreage devoted to usable land may be used to determine the development density or number of dwelling units permitted. Usable land is determined by subtracting all land with poorly drained or very poorly drained soils, as defined by the Natural Resources Conservation Service, land with slopes in excess of 25 percent, and land within the 100-year floodplain as determined by the Federal Emergency Management Agency (FEMA), from the total tract area. If the tract lies in more than one zoning district, lot size shall be computed based on a weighted average minimum lot size, considering the proportion of land.

(b)

For instance, if the parcel contains 100 acres but only 80 acres are determined to be usable land, then in the R1 district where the minimum lot size is 20,000 square feet, the number of dwelling units permitted is 174. In actuality, the number will be less once you provide for roads, easements, and any amenities.

(Code 2003, § 39-103(2))

This section is established to show the minimum size, width, and maximum height requirements for the land uses within each designated zoning district. Lot size shall be based on factors including the size of the building required for that use, required parking, and groundwater flow. The zoning administrator is authorized to increase minimum lot sizes and otherwise vary zoning district development standards to accommodate the need to use septic tanks and/or wells and health department regulations in this regard. The unavailability of public sewer and/or water shall preclude the ability to develop projects which cannot utilize septic tanks.

(Code 2003, § 39-103(3))

¹ A 25-foot buffer is required where the district abuts any residential district (RR, R1, R2, R3).

² A 75-foot buffer is required where the district abuts any residential district (RR, R1, R2, R3).

(Code 2003, § 39-103(4); Ord. of 12-6-2004(1))

The purpose of this division is to provide for uniform application of certain standards, specifications, and improvements as a condition of project approval and permit issuance for development permits, subdivisions, building permits, conditional use permits, or other permits issues by this jurisdiction.

(Code 2003, § 39-105(1)(A))

All street frontages shall include either a curb and gutter or alternative drainage meeting the approval of the zoning administrator. If alternative drainage is utilized, the following is required:

(1)

The drainage channel shall be grass, planting or other material as approved by the zoning administrator to prevent erosion and assist in drainage control.

(2)

The drainage channel shall be considered part of the project improvements and shall be:

a.

Designed by a professional licensed in the State of Georgia to undertake drainage design and engineering prior to the recordation of any subdivision plat or associated metes and bounds deed, or issuance of any building permit; and

b.

All improvements shall be installed to the satisfaction of the zoning administrator prior to the issuance of a certificate of occupancy, use, or occupancy of the project.

(Code 2003, § 39-105(1)(B))

(a)

For areas that must unavoidably be paved, porous pavement materials limit runoff at the paved source. They eliminate auto oil and other street pollutants by treating them in contact with the soil wherever they are generated.

(b)

All driveways and parking areas shall be surfaced in a porous pavement material. Porous pavement may be used for street pavements, and shall be used on all public and private driveways, parking lots, sidewalks, bike and footpath walkways, and pedestrian plazas and courts, except where it is infeasible due to site-specific constraints such as steep unstable slopes, swelling soils, proximity of structural foundations, or steep slope of pavement subgrade. In new developments and in additions to developments where similar porous pavements have not previously been used, representative portions of porous pavements shall be marked by permanent stencil or sign identifying the porous pavements and special restraint that needs to be taken in using and maintaining them.

(Code 2003, § 39-105(1)(C))

Adequate provision shall be made for the retention, detention, or discharge of stormwater, groundwater, surface water, subsurface drainage, and roof runoff as required by the zoning administrator.

(Code 2003, § 39-105(1)(D))

The purpose of this division is to establish standards for the development of parking facilities, access to private and public property, and ensure public health and safety with facilities which safely accommodate vehicles, bicycles, and pedestrians.

(Code 2003, § 39-105(2)(A))

(a)

New development. The off-street parking standards apply to any new development and to any new use established.

(b)

Expansions and alterations. The off-street parking standards apply when an existing structure or use is expanded or enlarged. Additional off-street parking space shall be required only to serve the enlarged or expanded areas, not the entire building or use. The council may require increases in parking for nonconforming parking areas when found necessary to ensure adequate off-street parking.

(c)

Change or use. Off-street parking shall be required for any change of use or change of operation that would result in a requirement for more parking than the existing use. Additional parking shall be required only in proportion to the extent of the change, not for the entire building or use.

(Code 2003, § 39-105(2)(B)(1))

The following rules apply when computing off-street parking and loading requirements:

(1)

Multiple uses. Lots containing more than one use shall provide shared parking as specified in section 119-461.

(2)

Fractions. When measurements of the number of required spaces result in fractions, any fraction of one-half or less will be disregarded and any fraction of more than one-half will be rounded upward to the next highest whole number.

(3)

Area measurements. Unless otherwise specifically noted, all square footage-based parking and loading standards are to be computed on the basis of gross floor area.

(4)

Unlisted uses. Upon receiving a development application for a use not specifically listed in an off-street parking schedule, the zoning administrator shall apply the off-street parking standard specified for the listed use that is deemed most similar to the proposed use or require a parking study in accordance with this division.

(Code 2003, § 39-105(2)(D))

Two or more uses shall share parking facilities without providing the minimum number of on-site required spaces for each use, provided the following conditions are met:

(1)

The minimum required number of parking spaces for the combined uses shall be reduced by 20 percent where hours of operation overlap and the uses within the businesses share general customer traffic.

(2)

Off-site spaces shall be within 600 feet walking distance of a building entrance or use. If the pedestrian access is to cross an arterial street, appropriate safety measures must be present to help the pedestrian cross the street. In any event, safe and convenient pedestrian access, such as a sidewalk or path, must exist or be provided from the structure or use to the parking lot.

(3)

The parking facility to be shared must contain at least the minimum required spaces of the largest individual use sharing the lot and shall be developed to the extent of at least being paved and striped according to the standards of this chapter.

(4)

The parking facility to be shared must be owned by the owner of one of the uses or leased for at least a 20-year term or through a permanent easement by the owner of the uses being served.

(5)

No changes shall be made to the shared parking facility which would reduce the parking provided for the uses, unless the owner of one of the uses makes other arrangements to provide parking. No such changes shall be made without approval of the zoning administrator.

(6)

Parking spaces to be shared must not be reserved for a specific person, individual, or use on a 24 hour basis.

(7)

Handicap parking spaces cannot be shared, unless the uses that are to share the spaces are adjacent to the handicap spaces and no inconvenience to the users of such spaces would be created.

(8)

Loading space shall not be shared.

(9)

Any proposed change in the use of a structure that shares a parking facility will require proof that adequate parking is available.

(10)

Off-site and shared parking may be used in combination to develop parking facilities, provided all the requirements of this section are met.

(Code 2003, § 39-105(2)(E))

Within Porterdale, Georgia, off-street automobile storage or parking space shall be provided on every lot on which any permitted or conditional use is established in accordance with this division.

(1)

General requirements. For the purpose of this division the following general requirements are specified:

a.

The term "off-street parking space" means a space at least nine feet wide and 20 feet in length with a minimum net area of 180 square feet, excluding area for egress and ingress and maneuverability of vehicles.

b.

If an off-street parking space cannot be reasonably provided on the same lot on which the principal use is conducted, the zoning administrator may permit such space to be provided on other off-street property, provided such space lies within 600 feet of the property line of the principal use. The parking space shall be associated with the permitted use and shall not thereafter be reduced or encroached upon in any manner.

c.

The required number of parking spaces for any number of separate uses may be combined in one lot, but the required space assigned to one use may not be assigned to another use at the same time.

d.

Area reserved for off-street parking in accordance with the requirements of this division shall not be reduced in area or changed to any other use unless the permitted use which it serves is discontinued or modified, and unless equivalent parking space is provided to the satisfaction of the zoning administrator.

e.

Off-street parking existing at the effective date of the ordinance from which this chapter is derived in connection with the operation of an existing building or use shall not be reduced to an amount less than hereinafter required for a similar new building or use.

(2)

Parking space requirements for all zoning districts. Off-street automobile storage of parking space shall be provided with vehicular access to a street or alley, and shall be equal in or to at least the minimum requirements for the specific land use set forth.

(3)

Off-street parking for land uses with unique parking requirements. Land uses which have widely varying parking demand characteristics make it impossible to specify a single off-street parking standard. Uses found by the council to have unique parking requirements shall comply with the provisions of this subsection.

a.

A developer proposing to develop or expand a land use with unique parking requirements shall submit a parking study that provides justification for the number of off-street parking spaces proposed. A parking study shall include:

1.

Estimates of parking demand based on recommendations of the Institute of Traffic Engineers, or other acceptable estimates as approved by the zoning administrator, and should include other reliable data collected from uses of combinations of uses that are the same as or comparable with the proposed use. Comparability will be determined by density, scale, bulk, area, type of activity, location, or parameters of the use that may be estimated to parking requirements.

2.

The study shall document the source of data used, and methods used to develop the recommendations. After reviewing the parking study, the zoning administrator shall establish a minimum off-street parking standard for the proposed use.

b.

Appeals of the administrative decision may be made to the council in accordance with section 119-6.

(Code 2003, § 39-105(2)(C))

(a)

Stacking spaces shall be provided for any use having a drive-through facility or areas having drop-off and pick-up areas. The following general standards shall apply to all stacking spaces and drive-through facilities:

(1)

Stacking spaces and lanes for drive-through stations shall not impede on- and off-site traffic movements, shall not cross or pass through off-street parking areas, and shall not create a potentially unsafe condition where crossed by pedestrian access to a public entrance of a building.

(2)

Drive-through lanes shall be separated from off-street parking areas. Individual lanes shall be striped, marked or otherwise distinctly delineated.

(3)

Approach lanes for drive-through facilities shall have the following minimum widths:

a.

One lane: 12 feet per lane.

b.

Two or more lanes: ten feet per lane.

(4)

All drive-through facilities shall be provided with a bypass lane with a minimum width of ten feet.

(5)

Alleys or driveways in residentially zoned areas adjacent to drive-through facilities shall not be used for circulation of customer traffic.

(6)

Each stacking space shall be a minimum of ten feet by 20 feet.

(b)

The number of stacking spaces shall be provided as follows:

(Code 2003, § 39-105(2)(F))

All off-street parking shall be laid out, constructed, and maintained according to the following requirements (except for residential lots in the residential zoning districts). Off-street parking includes parking spaces or lots for customers and employees.

(1)

All parking areas shall be hard surfaces with concrete or plant bituminous material and maintained in dustproof condition.

(2)

Lighting facilities shall be arranged so that light is reflected away from adjacent properties and streets. If individual light posts are integrated into or mounted on an exposed concrete base, the exposed concrete base cannot exceed six inches in height.

(3)

The parking area shall be adequately drained.

(4)

No sign shall be placed within the public right-of-way. Signs and planting strips shall not obstruct the visibility of drivers or pedestrians.

(Code 2003, § 39-105(2)(G))

(a)

Use of parking areas. Required off-street parking areas shall be used solely for the parking of licensed motor vehicles in operating condition. Required spaces may not be used for the storage of vehicles, boats, recreational vehicles, mobile homes, or building materials.

(b)

Use of parking areas for temporary events and sales.

(1)

A portion of a parking lot that allows at least 75 percent of the remaining legal parking spaces to be used for parking in conformance with the standards of this division may be set aside for purposes of a temporary event, such as a tent sale, sidewalk/parking lot sale, or other permitted activity. These events may not exceed seven consecutive days in length and may not occur more than once each calendar quarter.

(2)

The property owner and operator of the licensed business at the location are jointly responsible for ensuring that events blocking parking lots do not result in unsafe traffic or circulation conditions and ensuring that there is adequate fire and emergency vehicle access. The police chief, fire chief or their designee may order the event canceled and removed without hearing or notice if found that the arrangement of the temporary event or sale interferes with safe flow of traffic or emergency vehicle access to a site.

(3)

The property owner, business licensed at the site, and entity responsible for the event are jointly responsible for ensuring there is adequate parking at the event site. The use of public right-of-way for event parking is prohibited. Parking arrangements may be made for use of adjoining or nearby parking areas with a 300 foot radius, but a copy of the agreements shall be in writing and filed with the zoning administrator at least two working days prior to the event.

(c)

Long-term vendors located in parking lots.

(1)

Temporary long-term use of a parking lot for a vendor (for example, but not limited to, Christmas trees and seasonal food sales) that will be located in the parking lot for more than seven consecutive days may be permitted by the zoning administrator provided that a copy of a written agreement for use of the parking area is submitted to the zoning administrator prior to the establishment of the use.

(2)

A site plan showing the location of the facility and an indication of the total number of existing spaces in the parking lot and parking to be removed by the vendor shall be submitted to the zoning administrator.

(3)

In no case shall a long-term vendor be permitted to remove more than five percent of the subject property's parking spaces from general usage.

(Code 2003, § 39-105(2)(H))

Off-street loading and unloading spaces shall be provided as hereinafter required by this division.

(Code 2003, § 39-105(3))

Each off-street loading space shall have minimum dimensions of 14 feet in height, 12 feet in width, and 55 feet in length. However, upon sufficient demonstration that a particular loading space will be used exclusively by shorter trucks, the zoning administrator may reduce the minimum length accordingly to as little as 35 feet.

(Code 2003, § 39-105(3)(A))

Each required off-street loading space shall have direct access to a street or alley or have a driveway which offers satisfactory ingress and egress for trucks.

(Code 2003, § 39-105(3)(B))

Sufficient space for off-street loading and unloading must be provided for each hospital, institution, hotel, commercial or industrial building or similar use requiring the receipt or distribution of materials or merchandise, and having a floor area of more then 10,000 square feet of floor space or fraction thereof. Such space must be located so as not to hinder the free movement of pedestrians and vehicles over a sidewalk, street or alley.

(Code 2003, § 39-105(3)(C))

Sufficient off-street loading space (not necessarily a full space if shared by adjacent establishments) must be provided for each commercial or industrial building requiring the receipt or distribution of materials for merchandise and having a floor area of less than 10,000 square feet. The space must be located so as not to hinder the free movement of pedestrians and vehicles over a sidewalk, street or alley.

(Code 2003, § 39-105(3)(D))

All required off-street loading spaces shall be located on the same lot as the building which they are intended to serve, or on an adjacent lot when the loading spaces are shared with the use occupying said adjacent lot.

(Code 2003, § 39-105(3)(E))

Area reserved for off-street loading in accordance with this division must not be reduced or changed to any other use unless the permitted use that the off-street loading serves is discontinued or modified. However, equivalent loading space may be provided and approved by the zoning administrator.

(Code 2003, § 39-105(3)(F))

These standards for the landscaping of development within the city are intended to ensure the continued attractiveness and character of the city. The standards in this division shall apply to all public and private development, new construction, exterior remodeling, or enlargement of buildings and structures, unless otherwise specifically stated.

(Code 2003, § 39-105(8))

The following are exempt from the standards of this division:

(1)

Agriculture structures and agricultural uses in the agricultural districts.

(2)

Minor improvements or repairs to existing development that do not result in an increase in floor area; major facade renovations may generate a landscaping requirement.

(3)

Detached single-family dwellings on individual lots, unless required to install landscaping as a condition of project approval.

(4)

Accessory dwelling units.

(Code 2003, § 39-105(8)(A))

Waiver for a site being developed with commercial uses that is less than 20,000 square feet. In cases where required landscaping plant units, parking lot landscaping, and parking lot borders consume more than 20 percent of the proposed development site, the zoning administrator may exercise discretion regarding the width or location of landscape borders. In such cases, the developer may be required to add additional plant material to remaining landscape borders or elsewhere on the site in order to meet the purpose of this division.

(Code 2003, § 39-105(8)(F))

Required landscaping shall be installed in all yard areas, along the perimeter of the lot, around buildings, and all other portions of the property not specifically utilized for driveways, parking, loading, or other functions for which landscaping may not be practical as determined by the zoning administrator. Landscaping shall be utilized for such purposes, including, but not limited to:

(1)

Establishing a visual separation or screen of parking areas from the public right-of-way;

(2)

Providing a separation of pedestrian and service areas;

(3)

Providing a separation where the lot or parcel opposite of the boundary of the proposed development is a residentially zoned;

(4)

Providing a vertical transition from the grounds to the building;

(5)

Maintaining and enhancing natural drainage patterns; and

(6)

Maintaining the small town character of Porterdale through the aesthetics of landscaping as Porterdale continues to grow.

(Code 2003, § 39-105(8)(B))

All public rights-of-way and private road rights-of-way or access easements shall provide a planted landscaped strip to city specifications. The species and size of street trees shall be approved by the zoning administrator. Plantings within the right-of-way may count towards meeting the landscape requirements of this division.

(Code 2003, § 39-105(8)(C))

At the discretion of the zoning administrator, projects with substantial portions of the parcel area left for future development may be exempt from landscaping the undeveloped portion of the property. If any portion of the undeveloped area of the lot fronts a public right-of-way, standard improvements such as curb, gutter, sidewalk, and installation of street trees and other appropriate landscaping shall be required at the time of development.

(Code 2003, § 39-105(8)(D))

If a parcel with existing development is proposed for additional development, the zoning administrator has the discretion to review the landscaping installed on the entire property and may require improvements to be installed or conformance with other provisions of this division.

(Code 2003, § 39-105(8)(E))

When a structure's use is changed to a use other than single-family, and there is no change in exterior appearance, the applicant shall conform with the landscaping requirements of this division.

(Code 2003, § 39-105(8)(G))

Landscaping regulations are intended to provide for two options. If a property owner desires to create a landscaping plan that meets the needs of the individual project, the plan may be prepared pursuant to this section and is classified as a "performance" landscaping plan.

(1)

Landscaping is a community enhancement. Landscaping is intended to enhance the aesthetics of development within the city. Each development has unique characteristics based on location, land use, or physical site features. Project proponents may utilize the performance standards in this section in preparing professional quality landscape plans for review and approval by the zoning administrator in association with overall site development. Proponents not desiring to utilize the flexibility and creative opportunities in this section shall utilize the prescribed standards of this section.

(2)

Landscaping performance objectives. In addition to the purposes of this division, performance landscape plans shall, as determined by the council, meet the following objectives:

a.

Provide a transitional landscape area between the public right-of-way and the parking areas. Landscaping shall be used to provide a screening of vehicles in a parking lot from the ground to approximately 36 to 42 inches in height.

b.

Establish a separation and transition from parking to the building through a gradual increase in elevation of landscaping from the parking area to the building height. Plant materials may be a mixture of heights and shapes but designed to bring an appearance of reducing the height of a structure when viewed from the road or neighboring properties, as determined by the zoning administrator.

(3)

Enhance or develop pedestrian-oriented spaces and creation of usable outdoor spaces.

a.

Ensure that service areas are enclosed and landscaping utilized to transition from the parking area. Landscaping or decorative materials used to screen service areas in a combination of concepts, including, and not limited to, shrubs of similar height to the walls, the design of walls as planters, climbing vines, or other treatment that will break up the appearance of walls.

b.

Provide a balance between the overall appearance of the landscaping as a part of a planned site and the buildings on the site. The city's objective is to ensure that the site has dense landscaping in terms of the land area dedicated to landscaping and in vertical elevation of landscaping.

c.

Any flexibility to be applied by the council shall be based on achieving an attractive site with installations of landscaping that are designed to complement and enhance the site development.

(4)

Submission of performance landscape plans.

a.

Performance landscaping plans shall be of adequate size and detail so that the council can see the land area to be planted and the appearance of plantings at the time of installation, at five years healthy growth, and at ten years healthy growth.

b.

Performance landscaping site plans and elevations shall be drawn in a professional manner with credible representations of drip lines, plant growth diameters, and plant sizes. The council shall not require that plans and elevations be prepared by a licensed professional, but the council may reject plans which do not accurately depict the site landscaping proposal in suitable detail for it to make a decision.

c.

Performance landscaping plans shall be accompanied by a planting schedule that identifies both the common and scientific name of each species. The schedule shall include the size at planting, the size at five years of growth, and ten years of growth if the proposed plants are different than the adopted plant schedule.

(Code 2003, § 39-105(8)(H))

(a)

Calculating plant units. Development must have the following minimum plant units:

(1)

For development within the residential zones: A minimum of 60 plant units is required for each dwelling unit.

(2)

For development within the commercial and industrial zones: A minimum of ten plant units for each 1,000 square feet, or fraction thereof, of gross land area.

(3)

For development within the office-institutional zone: A minimum of 30 plant units for each 1,000 square feet, or fraction thereof, of gross land area.

(b)

Plant unit values.

(c)

Bonus points. Bonus points may be earned towards the total landscaping requirement by using plants which fall into the following categories. Each plant unit is only subject to one bonus multiplier.

(Code 2003, § 39-105(8)(I))

(a)

Plants shall be nursery-grown and adapted to the local climate.

(b)

When more than ten trees are required to meet the standards of this section, a mix of species shall be planted. In order to promote diversity in the urban landscape, the minimum number of species to be planted shall vary according to the overall number of trees required. Street trees within the right-of-way are intended to be of a uniform species and are not subject to the provisions of this subsection. In addition to the diversity of species, the council may require diversity of shapes and sizes as a part of the landscape plan. If a landscape proposal is submitted in which a cohesive element of the landscaping design proposes a uniform species as a part of a unique landscape plan, the zoning administrator may waive the species diversity requirement.

(c)

Groundcover. The ground area within required landscape areas shall have appropriate planted landscape treatment applied and present a finished appearance and reasonably complete coverage upon planting.

(d)

No artificial plants or artificial vegetation shall be used to meet any standards of this section.

(Code 2003, § 39-105(8)(J))

(a)

Accepted practices required. All landscaping shall be installed according to sound nursery practices in a manner designed to encourage vigorous and healthy growth. All landscape material, living and non-living, shall be in place prior to the issuance of the final certificate of occupancy. Living materials shall be in a healthy condition.

(b)

Protection of existing trees during construction. Any trees identified or approved for preservation by the zoning administrator shall be protected utilizing accepted techniques for protection, including, and not limited to, those shown in Figure 4.1.

(c)

Replacement of dead, diseased, or dying vegetation. The zoning administrator may require that landscaping be replaced in-kind if vegetation becomes dead, diseased, or dying. In the event of blight or species-specific diseases, substitution of plants shall be approved by the zoning administrator.

(d)

Temporary occupancy requirements. A certificate of occupancy may be issued prior to the installation of required landscaping upon execution of an agreement with the city and acceptance by the city of appropriate surety.

(1)

Land development that does not require or is normally utilized without obtaining a certificate of occupancy shall have landscaping installed per this section prior to the initiation of any use or any occupancy of the facility, structure, or grounds.

(2)

An agreement for temporary occupancy shall be used only under extenuating circumstances which prohibit the physical installation of landscaping at the time the certificate of occupancy is issued (drought, flooding, etc.). Financial or similar issues shall not constitute extenuating circumstances for the purposes of this section.

(3)

Financial surety shall be equal to 110 percent of the estimated cost of the plant material, labor, and installation, and other materials.

a.

The amount of the surety shall be calculated from a written cost estimate prepared by an appropriately licensed professional and provided to the council by the developer. If the council finds that the cost estimates are not generally within accepted standards for estimating the costs of landscaping installation, the mayor shall require that surety be based on accepted estimating practices.

b.

Each estimate shall be guaranteed valid at the maturity of the surety instrument.

c.

An irrevocable letter of credit, cash deposit, certificate of deposit endorsed in favor of the city, performance bond issued by a bonding company with an investment grade rating by Moodys or Standard and Poors, or savings account passbook issued in favor of the city shall be acceptable forms of surety.

d.

Automatic irrigation required. All landscaping installations shall be required to incorporate an automatic underground irrigation system. Irrigation system shall be approved by the zoning administrator.

(Code 2003, § 39-105(8)(K))

Parking lot landscaping standards of this section establish minimum landscaping requirements for the perimeter and interior of off-street parking areas. The general purpose of such landscaping is to reduce the visual impact of parking and pavement. Parking lots should be effectively landscaped with trees and shrubs to reduce the visual impact of glare, headlights, and parking lot lights from the public right-of-way and from adjoining properties. In addition, parking lots should be adequately shaded to reduce the amount of reflected heat.

(1)

Perimeter parking lot landscaping. The parking lot perimeter landscaping requirements apply to all off-street parking lots that are not otherwise fully screened from view of adjacent public right-of-way. When a lot is located adjacent to a public right-of-way, alternatives should be considered to reduce the visual impact of the parking lot. Some alternatives are:

a.

Use of landscape perimeter borders. Required landscape borders shall be dedicated solely for open space and landscaping. No structures of paving shall be located within the border area, with the exception of walls, walkways or other features incorporated into the landscaping.

b.

Perimeter landscape border options. Any of the following types of perimeter landscape border, detailed in the below chart, may be used to satisfy parking lot border landscaping requirements of this section.

³ Maximum distance: The greatest depth of the parking lot as measured from the front yard property line and the greatest width of the parking lot as measured from adjacent side yard property lines.

⁴ Minimum width of border: The minimum width of the border shall be in addition to the required setbacks. A parking perimeter border shall be required between the parking areas and the property line and does not apply between the parking area and interior structures or areas.

⁵ Minimum number of plant units: The minimum number of plant units to be located within the parking perimeter border shall be in addition to the requirements for the square footage of the lot. The number of units shall be calculated based upon the perimeter of the parking area.

⁶ Type A parking borders may be used on any parking lot. If the depth of the parking lot measured from the property line is more than 150 feet, Type A parking border shall be required. If the depth is from 100 to 150 feet, a Type A or Type B border shall be required. If the depth is less than 100 feet, Type A, B, C, or D border shall be required. The applicant may select the optional border. Depending on site design, a single site may have more than one landscape parking border type.

⁷ Landscaping is required on the berm.

⁸ On property line fronting a public or private road as required by the zoning administrator. Landscaping is required in between the wall and right-of-way.

(2)

Parking lot interior landscaping requirements. The parking lot interior landscaping requirements apply to the interior of all off-street parking lots that contain five or more parking spaces. Interior planting areas are required within all parking lots as specified in the subsection.

a.

At least ten square feet of landscape planting area shall be provided within the interior of all off-street parking area for each parking space contained with the area. For parking areas with more than 20 total parking stalls in a double-loaded aisle, a ten-foot wide landscaped island shall run the length of the aisle. This island shall be required for each such aisle.

b.

Landscaping located on the interior of parking areas shall be dispersed throughout the area. All planting areas shall be protected to prevent damage by vehicles and vehicle overhang.

c.

The size of planting areas used to satisfy parking lot interior landscaping requirements shall be sufficient to protect plant materials and ensure proper growth and maintenance.

(3)

Parking lot landscaping requirements when more than the maximum number of parking space is approved.

a.

When the parking space in excess of the defined maximum in division 4 of this article is approved, the minimum interior lot landscaping requirements shall be increased to 12.5 square feet of landscaping for each parking space.

b.

All aisles shall have landscaped areas at each end of the aisle.

c.

Landscaped medians at least ten feet in width shall be required for aisles that align with street access.

(Code 2003, § 39-105(8)(N))

(a)

Property owners shall be responsible for maintaining landscaping within the public right-of-way along the entire frontage of the property unless otherwise determined by the council.

(b)

No conversion of right-of-way landscaping to any other use or surface material shall be permitted without the written permission of the council.

(c)

Landscaping and any other surface material located within the right-of-way between the edge of the traveled way and the property shall not be used for the storage, sale, display, or merchandise.

(Code 2003, § 39-105(8)(P))

Trees, shrubs, fences, walls and other landscape features depicted on plans approved by the city shall be considered as elements of the project in the same manner as parking, building materials, and other details are elements of the plan. The landowner, heirs, successors in interest, lessees, or agent shall be jointly and severally responsible for installation, maintenance, and upkeep as specified.

(Code 2003, § 39-105(8)(L))

(a)

Landscaping to be maintained in a vigorous and healthy condition.

(1)

Regular maintenance of all landscaping to present a healthy, neat and orderly appearance shall be required.

(2)

All landscaping shall be maintained free from disease, pests, weeds, and litter.

(3)

Maintenance shall include weeding, watering, fertilizing, pruning, mowing, edging, mulching and other maintenance as needed and in accordance with acceptable horticultural practices.

(b)

Repair and replacement of landscaping.

(1)

Required landscape structures (examples include, but are not limited to, walls, fences, curbs, planters) shall be maintained in a structurally sound and aesthetically pleasing condition.

(2)

The regular maintenance, repair, or replacement of any landscaping irrigation systems is required.

(3)

Continuous maintenance of the site as a whole is required.

(4)

All trees, shrubs, groundcover, and other plant materials must be replaced during the next suitable planting period if they die or become unhealthy because of accidents, drainage problems, disease, or other causes.

(Code 2003, § 39-105(8)(M))

(a)

Waste disposal receptacles.

(1)

Waste disposal receptacle located in all commercial and government zones shall be completely screened from view on all sides by a fence or wall with a minimum height of six feet or one foot taller than the receptacle, whichever is greater.

(2)

The enclosure shall be compatible in material and color with the primary structure on the lot if located within 20 feet of the building. If located beyond 20 feet from any structure, the enclosure should be designed to minimize the visual impact and blend in with surrounding landscaping.

(3)

Waste disposal receptacles shall be consolidated to reasonably minimize the number of collection sites and to equalize the distance from the buildings they serve.

a.

Waste disposal receptacles shall be located out of the public view insofar as is practical.

b.

Waste disposal receptacles shall be located to avoid causing excessive nuisance or offense to other buildings or adjoining properties.

(b)

Loading docks, storage areas. Loading docks, storage of materials or vehicles, and other service areas shall be screened from public view. Screening may include plant materials, fencing, walls, or a combination as approved by the zoning administrator.

(Code 2003, § 39-105(8)(O))

The purpose hereof is to provide more specific guidelines for site plan applications and standards in regard to lighting, in order to maximize the effectiveness of site lighting, to avoid unnecessary upward illumination and illumination of adjacent properties, and to reduce glare.

(Code 2003, § 39-105(9)(A))

Except as provided in section 119-567, this division shall apply to each outdoor luminaire installed or replaced after the date of adoption of these regulations which is:

(1)

Located on property within a commercial or industrial zoning district and is equipped with a lamp which emits 3,000 or more initial lumens; or

(2)

Located on property within a residential zoning district or agricultural zoning district and is equipped with a high intensity discharge lamp, regardless of its initial lumens.

(Code 2003, § 39-105(9)(B))

A modification, waiver or variation from the standard set forth in section 119-568 may be granted by the zoning administrator, as provided herein: The zoning administrator may modify, waive or vary the standard set forth in section 119-568 in a particular case, and the council may impose conditions on such a modification, waiver or variation which it deems appropriate to further the purposes of these outdoor lighting regulations, in either of the following circumstances:

(1)

Upon finding that strict application of the standard would not forward the purposes of this division or otherwise serve the public interest, or that alternatives proposed by the owner would satisfy the purposes of these outdoor lighting regulations at least to an equivalent degree.

(2)

Upon finding that an outdoor luminaire, or system of outdoor luminaries, required for a baseball, softball, football or soccer field cannot reasonably comply with the standard and provide sufficient illumination of the field for its safe use, as determined by recommended practices adopted by the Illuminating Engineering Society of North America for that type of field and activity or other evidence if a recommended practice is not applicable.

(Code 2003, § 39-105(9)(D))

The following outdoor lighting and related acts shall be exempt from the requirements of these outdoor lighting regulations:

(1)

Lighting which is not subject to this division by state or federal law.

(2)

Construction, agricultural, emergency or holiday decorative lighting, provided that the lighting is temporary, and is discontinued within seven days upon completion of the project or holiday for which the lighting was provided.

(3)

Lighting of the United States of America flag, State of Georgia flag, and other noncommercial flags expressing constitutionally protected speech.

(4)

Security lighting controlled by sensors which provides illumination for 15 minutes or less and does not have a direct beam on an adjacent owner's property.

(5)

The replacement of an inoperable lamp or component which is in a luminaire that was installed prior to the date of adoption this division.

(6)

The replacement of a failed or damaged luminaire which is one of a matching group serving a common purpose.

(Code 2003, § 39-105(9)(E))

(a)

All exterior lights and illuminated signs shall be designed, located, installed and directed in such a manner as to prevent objectionable light at, and glare across, the property lines and disability glare at any location on or off the property. The "maintained horizontal illuminance recommendations set by the Illuminating Engineering Society of North American shall be observed.

(b)

All parking area lighting will be full cut-off type fixtures.

(c)

Uplighting is prohibited. Externally lit signs, displays, building and aesthetic lighting must be lit from the top and shine downward. The lighting must be shielded to prevent direct glare and/or light trespass. The lighting must also be, as much as physically possible, contained to the target area. Internally lighted signs are acceptable, provided they meet the requirements of division 8 of this article.

(d)

All building lighting for security or aesthetics will be full cut-off or a shielded type, not allowing any upward distribution of light. Floodlighting is discouraged, and, if used, must be shielded to prevent:

(1)

Disability glare for drivers or pedestrians;

(2)

Light trespass beyond the property line; and

(3)

Light above a 90 degree, horizontal plane. Wallpack type fixtures are not acceptable.

(e)

Adjacent to residential property, no direct light source will be visible at the property line at ground level or above.

(f)

All nonessential lighting will be required to be turned off after business hours, leaving only the necessary lighting for site security. Nonessential shall apply to display, aesthetic, parking and sign lighting.

(Code 2003, § 39-105(9)(C))

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Banner means any sign of lightweight fabric or similar material that is permanently mounted to a pole or a building by a permanent frame at one or more edges. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.

Building marker means any sign cut into a masonry surface or made of bronze or other permanent material and indicating the name of a building and date and incidental information about its construction.

Canopy means any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.

Freestanding means any sign not designed as a temporary or portable sign, supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure.

Frontage, building, means the width in linear feet of each exterior wall of a business which faces a street or public way.

Identification means a permanent sign depicting the name of a building or address of an establishment or development on the lot or parcel where the sign is located. A sign identifying a development must be located at the entrance to the development.

Illuminated sign, direct, means a sign illuminated by flood lights or spot lights positioned on the ground.

Illuminated sign, indirect, means a sign illuminated by light cast from a source other than the display area.

Incidental means a sign, generally informational, that has a purpose secondary to the use of the lot or parcel on which it is located, such as "no parking," "entrance," "loading only," "telephone," and other similar directives. No sign with a commercial message legible from a position off the lot or parcel on which the sign is located shall be considered incidental.

Official means any sign, symbol or device erected and maintained by a government or governmental agency for the purpose of informing or guiding the public.

Portable means any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, a sign designed to be transported by means of wheels; signs converted to A- or T-frames; menu and sandwich boards signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.

Projecting means any sign affixed to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall.

Residential sign means any sign located in a zoning district zoned for residential uses that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering such service at such location conforms with all requirements of this chapter.

Roof, integral, means any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six inches.

Sign means any name, identification, description, display, illustration, banner, string of lights, or device which is affixed to or represented directly or indirectly upon a building, structure, or land in view of the general public, and which directs attention to a product, place, activity, person, institution or business.

Sign area means the area within a continuous perimeter enclosing the limits of writing, representation, emblem or any figure or similar character, together with any frame of other material or color forming an integral part of the display or used to differentiate this sign from the background against which it is placed; excluding the necessary supports or uprights on which this sign is placed; provided, however, that any open space contained within the outer limits of the display face of a sign, or between any component, panel, strip or fixture of any kind composing the display face, shall be included in the computation of the area of the sign whether this open space be enclosed or not by a frame or border. In computing square foot area of a double-face sign, only one side shall be considered, provided both faces are identical. In V-type structures, the interior angle of which exceeds 45 degrees, both sides shall be considered in calculating sign areas.

Sign face means the area or display surface used for the message.

Sign height means the vertical measurement from the highest part of a sign, including all support structures, to the ground. Any earth berms and elevated foundation supporting signs, sign posts, sign supports are included in the height of the sign.

Suspended sign means a sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.

Temporary means a sign intended for use for only a limited period of time that is not permanently mounted.

Wall means any sign attached to or erected in a plane with and against a wall which is an integral part of the building, and which shall project no more than 24 inches from the wall of the building.

Window means any sign, picture, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.

(Code 2003, § 39-105(10)(B))

The purpose of this division is to provide standards to safeguard life, public health, property and welfare by regulating the location, size, illumination, erection, maintenance, and quality of materials of all signs and sign structures.

(Code 2003, § 39-105(10)(A))

(a)

Any of the following shall be a violation of this division and shall be subject to the enforcement remedies and penalties provided by this chapter:

(1)

To install, create, erect, or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the lot or parcel on which the sing is located;

(2)

To install, create, erect, or maintain any sign requiring a permit without such a permit;

(3)

To install, create, erect, or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the lot or parcel on which the sign is located;

(4)

To fail to remove any sign that is installed, created, erected, or maintained in violation of this division, or for which the sign permit has lapsed; or

(5)

To continue any such violation. Each such day of a continued violation shall be considered a separate violation.

(b)

Each sign installed, created, erected, or maintained in violation of this division shall be considered a separate violation.

(c)

Uses listed as conditional uses in a zoning district may only be permitted by special review and approval by the council after a public hearing based upon findings that the proposed use is consistent with the adopted comprehensive plan and that the location, construction, and operation of the proposed use will not result in a significant adverse impact upon surrounding areas or the community in general as further described.

(Code 2003, § 39-105(10)(N))

The following signs shall be exempt from regulation under this division:

(1)

Any public notice or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance;

(2)

Any sign inside a building, not attached to a window or door, that is not legible from a distance of more than three feet beyond the lot line of the lot or parcel on which such sign is located;

(3)

Works of art that do not include a commercial message;

(4)

Holiday lights and decorations with no commercial message, but only between November 15 and January 15;

(5)

Traffic control signs on private property, such as stop, yield, and similar signs, the face of which meet department of transportation standards and which contain no commercial message; and

(6)

Official signs posted by the city.

(Code 2003, § 39-105(10)(H))

(a)

Any legally existing sign that existed prior to the effective date of the ordinance from which this division is derived but which by reason of its size, height, location, design, or construction, is not in conformance with this division shall be deemed a nonconforming sign and shall be permitted without alteration in size or location.

(b)

Minor repairs and maintenance of nonconforming sign such as repainting, electrical repairs and the replacement of light bulbs and neon tubes shall be permitted. However, no structural repairs or changes in size or shape of the sign is permitted except to make the sign comply with this division.

(c)

A nonconforming sign shall not be replaced by another nonconforming sign except that the substitution or interchange of poster panels, printed boards or demountable material on such signs shall be permitted.

(Code 2003, § 39-105(10)(L))

A sign that was constructed, painted, installed, or maintained in conformance with a permit under this division, but for which the permit has lapsed or not been renewed or for a nonconforming sign that has been abandoned, shall be removed without notice of action from the city.

(Code 2003, § 39-105(10)(M))

(a)

Computation of area of individual signs. The area of a sign face shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof, that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets chapter regulations and is clearly incidental to the display itself.

(b)

Computation of area of multifaced signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back to back so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more that 42 inches apart, the sign area shall be computed by the measurement of one of the faces.

(c)

Computation of height. The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of the existing grade prior to construction or the newly established grade after construction, including any filling, berming, mounding, or excavating solely for the purpose of locating the sign. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the lot or parcel, whichever is lower.

(d)

Computation of maximum total permitted sign area for a lot or parcel. The permitted sum of the area of all individual signs on a lot or parcel shall be computed by applying the formula contained in the table below to the lot frontage, building frontage, or wall area, as appropriate, for the zoning district in which the lot is located. Lots fronting on two or more streets are allowed the permitted sign area for each street frontage. However, the total sign area that is oriented toward a particular street may not exceed the portion of the lot's total sign area allocation that is derived from the lot, building, or wall area frontage on that street.

Maximum Total Sign Area per Lot or Parcel by Zoning District
The maximum total area of all signs on a lot or parcel except incidental, building marker, and identification signs, and flags, shall not exceed the lesser of the following:

^a The column does not represent a zoning district. It applies to institutional uses permitted under this chapter in residential zoning districts. Such uses may include, but are not necessarily limited to, churches, schools, funeral homes, and cemeteries.

^b Gross square feet of building = 0—2,500 = 100 square feet maximum total area of signs permitted

Gross square feet of building = 2,501—10,000 = 200 square feet maximum total area of signs permitted

Gross square feet of building = 10,001—50,000 = 300 square feet maximum total area of signs permitted

Gross square feet of building = 50,001—100,000 = 400 square feet maximum total area of signs permitted

Gross square feet of building = over 100,000 = 500 square feet maximum total area of signs permitted.

(Code 2003, § 39-105(10)(C)(1)—(4); Ord. of 9-8-2008)

(a)

Generally.

(1)

No sign listed within this section shall be placed, constructed, erected, or modified on a lot or parcel without first obtaining a sign permit from the zoning administrator. The property owner shall maintain in force, at all times, a sign permit for any such sign as required in this section. A sign permit is required before a sign is erected or attached to, suspended from, or supported on a building or structure, and before an existing sign may be enlarged, relocated or materially improved upon to an extent of 60 percent of its total replacement value.

(2)

No sign permit of any kind shall be issued for an existing or proposed sign unless such sign is consistent with the requirements of this division. P: permit required; NP: no permit required.

⁹ This column does not represent a zoning district. It applies to institutional uses permitted under the chapter in residential zoning districts. Such uses may include, but are not necessarily limited to, churches, schools, funeral homes, and cemeteries.

(3)

A sign permit shall be issued by the zoning administrator when the plans, specifications and intended use of the applied sign, or part thereof, conform in all respects to the applicable provisions of this division and the building code as certified by the zoning administrator. The application shall be accompanied by plans or such other information as the zoning administrator may require in the exercise of sound discretion in acting upon the application. Standardized sign plans may be filed with the zoning administrator.

(4)

Each application shall contain an agreement to identify and save the city harmless of all damages, demands or expenses or every character which may in any manner be caused by the sign or sign structure. Each applicant shall present to the city on request certification of liability insurance prior to the issuance of a sign permit.

(5)

Signs constructed, erected or maintained for which a permit is required shall have the sign permit number affixed on the framework of the sign in such a manner that the information contained herein shall be readily accessible and durable.

(6)

All signs using electrical wiring and connections shall require an electrical permit.

(7)

A sign permit shall become null and void if the sign for which the permit was issued has not been completed within a period of six months after the date of issuance.

(b)

Sign permits.

(1)

Initial sign permit. An initial sign permit shall be automatically issued by the zoning administrator covering the period from the date of the inspection of the completed sign installation, construction, or modification through the last day of the calendar year.

(2)

Subsequent sign permits. Sign permits subsequent to the initial permit shall be issued for 12 months. Except as provided herein, sign permits shall be renewable annually upon submission of a renewal application form and the applicable fees. Renewal applications shall contain a representation by the applicant that no change in signage under the permit has been made or shall contain dimensions, drawings, and photos of any changes.

(3)

Lapse of sign permit. A continuing sign permit shall lapse automatically if not renewed or if the business license for the premises lapses, is revoked, or is not renewed. A sign permit shall also lapse if the business activity on the premises is discontinued for a period of 180 days or more and is not renewed within 30 days of a notice from the city to the last permittee, sent to the premises, that the sign permit will lapse if such activity is not renewed.

(4)

Assignment of sign permit. A current and valid sign permit shall be freely assignable to a successor as owner of the property or holder of a business license for the same premises, subject only to filing such application as the zoning administrator may require and paying any applicable fee. The assignment shall be accomplished by filing and shall not require approval.

(Code 2003, § 39-105(10)(D), (K); Ord. of 9-8-2008)

The following procedures shall govern the application for, and issuance of, all sign permits under this division, and the submission and review of common signage plans and master signage plans.

(1)

Applications. All applications for sign permits and for approval of a master or common signage plan shall be submitted to the zoning administrator on an application form furnished by the city.

(2)

Fees. Each application for a sign permit or for approval of a master or common signage plan shall be accompanied by the applicable fees, which shall be established by the council.

(3)

Completeness. Within five days of receiving an application, the zoning administrator shall review it for completeness. If the application is found to be complete, the application shall then be processed. If the application is found to be incomplete, the zoning administrator shall, within such five-day period, send to the applicant a notice of the specific ways in which the application is deficient, with appropriate references to the applicable sections of this division.

(4)

Action on sign permit application. Within seven days of the submission of a complete application for a sign permit, the zoning administrator shall either issue the sign permit, if the proposed sign conforms with this division or with a previously approved master or common signage plan, if applicable, or reject the sign permit if the proposed sign fails to conform with the requirements of this division and the master or common signage plan, if applicable. In case of a rejection, the zoning administrator shall specify in the rejection the section or sections of this division or applicable plan with which the signs is inconsistent.

(5)

Action on plan permit application. The zoning administrator shall take action on an application on the following dates:

a.

Fourteen days after the submission of a complete application if the application is for a sign for existing buildings; or

b.

On the date of final action on any related application for building permit, site plan, or development plan for signs involving new construction.

On or before such applicable date, the zoning administrator shall either:

a.

Approve the application if the signs as shown on the plan and the plan itself conforms in every respect with the requirement of this division; or

b.

Reject the application if the signs as shown on the plan or the plan itself fails in any way to conform with the requirement of this division. In case of a rejection, the zoning administrator shall specify in the rejection the section or sections of this division with which the plan is inconsistent.

(6)

Permits to construct or modify signs. An application for construction, creation, or installation of a new sign or for modification of an existing sign shall be accompanied by detailed drawings to show the dimensions, design, structure, and location of each particular sign, to the extent that such details are not contained on a master signage plan or common signage plan then in effect for the lot or parcel. One application and permit may include multiple signs on the same lot or parcel.

(7)

Inspection. The zoning administrator shall notify the code enforcement officer to cause an inspection of the lot or parcel for which a permit for a new sign or for modification of an existing sign is issued during the sixth months after the issuance of such permit or at an earlier date as the owner may request. If the construction is not substantially complete at the time of inspection, the permit shall lapse and become void. If the construction is complete and in full compliance with this division and the building and electrical codes, the zoning administrator code enforcement officer shall affix to the premises a permanent decal identifying the signs and the applicable permit by number or other reference. If the construction is substantially complete but not in full compliance with this division and applicable codes, the zoning administrator code enforcement officer shall give the owner or applicant notice of the deficiencies and shall allow an additional 30 days from the date of inspection for the deficiencies to be corrected. If the deficiencies are not corrected by such date, the permit shall lapse. If the construction is then complete, the zoning administrator code enforcement officer shall affix the decal to the premises.

(Code 2003, § 39-105(10)(J))

No permit shall be issued for an individual sign requiring a permit unless and until a master signage plan or a common signage plan for the lot or parcel on which the sign will be erected has been submitted to the zoning administrator as conforming with this section.

(1)

Master signage plan. For any lot or parcel on which the owner proposes to erect one or more signs requiring a permit, unless such lot or parcel is included in a common signage plan, the owner shall submit to the zoning administrator a master signage plan containing the following:

a.

An accurate plot plan of the lot or parcel, at such scale as the zoning administrator may reasonably require;

b.

Location of buildings, parking lots, driveways, and landscaped areas on such lot or parcel;

c.

Computation of the maximum total sign area, the maximum area for individual signs, the height of signs and the number of freestanding signs allowed on the lot or parcels included in the plan under this division; and

d.

An accurate indication on the plot plan of the proposed location of each present and future sign of any type, except incidental signs, whether requiring a permit or not.

(2)

Common signage plan.

a.

If the owners of two or more contiguous (disregarding intervening streets and alleys) lots or parcels or the owner of a single lot with more than one principal building file with the zoning administrator for lot or parcels a common signage plan, a 25 percent increase in the maximum total sign area shall be allowed for each included lot or parcel. This bonus shall be allocated within each lot or parcel as the owners elects.

b.

The common signage plan shall contain all of the information required for a master signage plan and shall also specify standards for consistency among all signs on the lot or parcels affected by the plan with regard to color scheme; lettering or graphic style; lighting; location of each sign on the buildings; material; and sign proportions.

c.

A common signage plan or master signage plan including window signs may simply indicate the areas of the windows to be covered by window signs and the general type of the window signs (e.g., paper affixed to window, painted, etched on glass, or some other material hung inside window). The exact dimension or nature of every window sign is not required.

d.

The common signage plan, for all lot or parcels with multiple uses or multiple users, shall limit the number of freestanding signs to a total of one for each street on which the lot or parcels included in the plan have frontage and shall provide for shared or common usage of such signs.

(3)

Procedures. A master or common signage plan shall be included in any development plan, site plan, or other official plan required by the city for the proposed development and shall be processed simultaneously with such other plan.

(4)

Amendment. A master or common signage plan may be amended by filing a new master or common signage plan that conforms with all requirements of the ordinance then in effect.

(5)

Binding effect. After approval of a master or common signage plan, no sign shall be erected, placed, painted, or maintained, except in conformance with such plan, and such plan may be enforced in the same way as any provision of this division.

(Code 2003, § 39-105(10)(G); Ord. of 9-8-2008)

No sign shall be erected, used or maintained except in accordance with this division unless otherwise specified.

^a No commercial message allowed on sign, except for a commercial message drawing attention to an activity legally offered on the premises.

^b No commercial message of any kind allowed on sign if such message is legible from any location off the lot or parcel on which the sign is located.

^c May include only building name, data of construction, or historical data on historic site.

^d Only address and name of occupant allowed on sign.

^e Within the AG-G Zoning District, flags must be flown from a mounted metal or wood arm or post appropriate for flying a flag.

^f Within the R1, R2, R3, RR, DR, and MHS Zoning District, flags must be flown from a mounted metal or wood arm or post appropriate for flying a flag. Within the R3 Zoning District flags may be flown from flag poles but only at multifamily developments.

^a No commercial message allowed on sign, except for a commercial message drawing attention to an activity legally offered on the premises.

^b No commercial message of any kind allowed on sign if such message is legible from any location off the lot or parcel on which the sign is located.

^c May include only building name, date of construction, or historical data on historic site.

^d Only address and name of occupant allowed on sign.

^e Permitted in R3 only and only on the entrance to a multifamily dwelling or the entrance to the on-site leasing or management office for the multifamily development.

^a No commercial message allowed on sign, except for a commercial message drawing attention to an activity legally offered on the premises.

^b No commercial message of any kind allowed on sign if such message is legible from any location off the lot or parcel on which the sign is located.

^c May include only building name, date of construction, or historical data on historic site.

^d Only address and name of occupant allowed on sign.

^a No commercial message allowed on sign, except for a commercial message drawing attention to an activity legally offered on the premises.

^b No commercial message of any kind allowed on sign if such message is legible from any location off the lot or parcel on which the sign is located.

^c May include only building name, date of construction, or historical data on historic site. ^d Only address and name of occupant allowed on sign.

(Code 2003, § 39-105(10)(C)(5); Ord. of 9-8-2008)

(a)

All signs shall be designed, constructed, and maintained in accordance with the following standards and all signs shall comply with applicable provision of the Building Code and Electrical Code of Porterdale. Except for banners, flags, temporary signs, and window signs, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure.

(b)

All signs shall be maintained in good structural condition, in compliance with all building and electrical codes, and in conformance with this division.

(Code 2003, § 39-105(10)(E))

Signs may be illuminated in one of the following ways:

(1)

Internal lighting. Internally lit signs may have white or light colored letter and logos, but the background must be a dark, earthtone color the prohibits the transmission of the internal light.

(2)

Direct, external lighting includes flood lights or spot lights positioned on the ground.

(3)

The light from illuminated signs shall be established in such a way that adjacent properties and roadways are not adversely affected and that no direct light is cast upon adjacent properties and roadways.

(4)

No illuminated signs shall be constructed or maintained within 100 feet of any residential zoning district or dwelling, except where the sign is on the same parcel as the dwelling.

(5)

Flashing signs, animated signs or signs which are illuminated intermittently are excluded from all zoning districts; provided, however, that time and weather information signs, official warning or regulatory signs shall be exempt from this requirement.

(6)

The sign light source must be shielded or directed to prevent beams or rays of light from being directed at any portion of the traveled way or into a residence.

(Code 2003, § 39-105(10)(F))

All signs not expressly permitted under this division or exempt from regulation hereunder, are prohibited within Porterdale. Such signs include, but are not limited to, beacons; pennants; strings of light not permanently mounted to a rigid background, except those exempt under the previous section; and inflatable signs. Further, no sign shall be placed in a public park except official government signs or as approved by the council. Temporary signs are expressly prohibited from being placed in a public park.

(Code 2003, § 39-105(10)(I))

Individual mobile homes or individual manufactured homes. Individual mobile homes meeting the definition of manufactured home, Class A, shall comply with this division and other applicable sections of this chapter.

(1)

Limitations. No mobile home, as defined in this chapter, is permitted to be moved to Porterdale for use as a residential dwelling. The attachment of a mobile or manufactured home to an existing mobile or manufactured home is permitted only if both units were engineered and manufactured for such attachment.

(2)

Building and occupancy permits.

a.

Building and occupancy permits issued by the Porterdale Zoning Administrator, or his authorized agent, are required for any mobile or manufactured home:

1.

Which is hereafter located to Porterdale;

2.

Which is moved from one location to a second location within the city where that manufactured housing unit will house persons or property;

3.

Which has not been occupied within the preceding 12 months;

4.

Where there is a change in use of the manufactured housing unit; or

5.

If the mobile or manufactured home is added to or structurally altered 100 square feet or more.

b.

A building permit shall not be issued for a mobile home containing aluminum wiring.

c.

Prior to issuing a building permit, it is unlawful to move, locate, relocate, erect or make utility connections of any kind to a mobile or manufactured home in Porterdale.

d.

All mobile and manufactured homes must be registered with the Newton County Tax Commissioner and approval of the septic system by the Newton County Health Department must be obtained before an occupancy permit can be issued.

e.

Prior to issuing an occupancy permit it is unlawful to occupy or otherwise use as a residence a mobile or manufactured home in Porterdale.

(3)

Application requirements for building and occupancy permits for mobile or manufactured homes.

a.

An application for permits for location and occupancy of a mobile or manufactured home is required to be filed by the owner or the owner's agent in the office of the Porterdale Zoning Administrator before a building or occupancy permit is issued.

b.

The permit application shall describe the mobile or manufactured home as to size, dimension, year, model, the zoning district and tax map and parcel number of the planned location of the mobile or manufactured home, the intended use of the mobile or manufactured home, the name of the owner and the name of the intended occupants, and the source of water and type of waste disposal system.

c.

If the intended use of the mobile or manufactured home is as an accessory use, hardship use or farm caretaker, then details of such proposed use shall be provided by the applicant.

d.

Mobile and manufactured homes shall be provided with prefabricated or permanent stairs and landing, constructed of pressure treated lumber, masonry or metal sufficient to provide safe ingress and egress from two exterior doors of the unit. Individual landings shall meet Porterdale building codes, and be underpinned with skirting material, masonry construction or other materials manufactured for such purpose. All manufactured homes must be attached to a permanent foundation with underpinning of brick or masonry construction and meet all other applicable state and city statutes, regulations and ordinances. However, for manufactured homes, load bearing masonry curtain walls shall not be required (although curtain walls may be required for aesthetic purposes), and non-load bearing curtain walls for manufactured homes shall not have contact with the manufactured home for the purpose of structural support, although non-load bearing curtain walls may be attached to the manufactured home for aesthetic purposes and not for structural support. See Georgia Rules and Regulations Section 120-3-7-.14, as may hereinafter be amended.

(4)

Temporary usage. A manufactured home may be used as an office in a subdivision, by a contractor during construction or development, as a temporary residence during construction of a permanent residence, or as a temporary residence during the reconstruction of a permanent residence which has been destroyed by fire, natural disaster or condemnation. All of the above uses must be requested in writing, be for a period not exceed 12 months, and have written approval of the zoning administrator. The zoning administrator may extend the 12-month period one time where necessary for up to an additional 12 month period.

(5)

Accessory buildings. A mobile or manufactured home may not be used as an accessory building.

(Code 2003, § 39-105(11))

(a)

Installation.

(1)

All manufactured homes, located to or moved within Porterdale, Georgia, at or after the adoption of the ordinance from which this division is derived shall be installed by a licensed installer as required by O.C.G.A. § 8-2-164, and in accordance with the applicable manufacturer's installation instructions, specifically including, without limitation, correctly installed tiedowns and anchors. In the absence of such instructions, installations shall be performed in accordance with the applicable rules and regulations adopted by the Georgia Safety Fire Commissioner. (See O.C.G.A. § 8-2-160 et seq.)

(2)

No manufactured home shall be located within 30 feet of any permanent building.

(3)

The manufactured home unit must be fitted with a masonry curtain wall that completely encloses the undercarriage, a vapor barrier must be installed by the dealer or installer, the soil must be treated for termites, and the unit must be connected to water and sewerage in compliance with the applicable ordinance of Porterdale.

a.

All manufactured homes shall have an original shingle roof or an original roof made out of roofing material composed of other appropriate substances which are nonmetallic.

b.

All manufactured homes shall have original wood or original wood-type siding. Metallic siding is not permitted.

c.

All manufactured homes shall be located on a permanent foundation.

d.

No manufactured home shall be allowed to be occupied in Porterdale, Georgia, unless it bears an insignia issued by the United States Department of Housing and Urban Development.

(4)

However, a manufactured home which has been continuously and legally located in Porterdale, Georgia, shall be allowed to remain if the following conditions are met:

a.

All ad valorem taxes on the manufactured home have been timely paid in full.

b.

The zoning administrator of Porterdale, Georgia, finds that the manufactured home is in compliance with all applicable federal, state, and local codes.

(b)

Penalties for improper installation. Failure by the owner of a manufactured home to obtain and utilize tiedowns and anchors for his manufactured home or modular home placed in Porterdale, Georgia, after the effective date of the ordinance from which this division is derived shall constitute a misdemeanor, punishable in the Newton County Superior Court.

(c)

Nonconformance. Any manufactured home which does not meet the requirements of this section shall be removed after receipt of notice from the zoning administrator code enforcement officer of its nonconformance.

(Code 2003, § 39-105(12))

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alternative tower structure means manmade trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

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

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Height means, when referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure, even if said highest point is an antenna.

Preexisting towers and antennas shall have the meaning set forth in section 119-667(d).

Public officer shall be defined as in O.C.G.A. § 41-2-8.

Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like.

(Code 2003, § 39-105(21)(A))

(a)

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

(b)

Public property. Antennas or towers located on property owned, leased, or otherwise controlled by the council shall be exempt from the requirements of this division, provided a license or lease authorizing such antenna or tower has been approved by the council.

(c)

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

(d)

Pre-existing towers and antennas. Any tower or antenna for which a permit has been properly issued prior to the effective date of the ordinance from which this division is derived shall not be required to meet the requirements of this division, other than the requirements of sections 119-672 and 119-673. Any such towers or antennas shall be referred to in this division as "preexisting towers" or "preexisting antennas."

(Code 2003, § 39-105(21)(B))

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

(Code 2003, § 39-105(21)(C)(1))

Antennas and towers may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For purposes of determining whether the installation of a tower or antenna complies with zoning district development regulations, including, but not limited to, set-back requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this division shall not be deemed to constitute the expansion of a nonconforming use or structure.

(Code 2003, § 39-105(21)(C)(2))

Each applicant for an antenna and/or tower shall provide to the zoning administrator an inventory of its existing towers that are either within the City of Porterdale or within one-quarter mile of the city limits, including specific information about the location, height, and design of each tower. The zoning administrator may share such information with other applicants applying for administrative approvals or conditional use permits under this division or other organizations seeking to locate antennas within the jurisdiction of the city; provided, however, the city is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

(Code 2003, § 39-105(21)(C)(3))

The guidelines set forth in this section shall govern the location of all towers, and the installation of all antennas, governed by this division; provided, however, that the council may waive these requirements if it determines that the goals of this division are better served thereby.

(1)

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

(2)

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

(3)

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipments must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the council may review the available lighting alternative and approve the design that would cause the least disturbance to the surrounding views.

(Code 2003, § 39-105(21)(C)(4))

All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas, if such standards and regulations are changed, then the owners of the towers and antennas governed by this division shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense. Any such removal by the council shall be in the manner provided in O.C.G.A. §§ 41-2-8—41-2-17.

(Code 2003, § 39-105(21)(C)(5))

To ensure the structural integrity of tower, the owner of a tower 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 Porterdale Zoning Administrator concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance. Upon the owner's failure to do so, the city may remove such tower at the owner's expense. Any such removal by the city shall be in the manner provided in O.C.G.A. §§ 41-2-8—41-2-17.

(Code 2003, § 39-105(21)(C)(6))

(a)

General. The uses listed in this section are deemed to be permitted uses and shall not require administrative review or a conditional use permit. Nevertheless, all such uses shall comply with sections 119-671 through 119-673 and all other applicable ordinances.

(b)

Specific permitted uses. The following uses are specifically permitted:

(1)

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

(2)

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

(3)

Installing an antenna on any existing tower of any height, so long as the addition of said antenna adds not more than 20 feet to the height of said existing tower and said existing tower is not a preexisting tower; provided, however, that such specific permitted use shall not include the placement of additional buildings or other supporting equipment used in connection with said antenna.

(Code 2003, § 39-105(21)(D))

(a)

The zoning administrator may administratively approve the uses listed in this section.

(b)

Each applicant for administrative approval shall apply to the zoning administrator, providing the information set forth in section 119-676(b) and (d).

(c)

The zoning administrator shall respond to each such application within 30 days after receiving it by either approving or denying the application. If the zoning administrator fails to respond to the applicant within said 30 days, then the application shall be deemed to be approved.

(d)

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

(e)

If administrative approval is denied, the applicant may appeal said denial in accordance with the provisions of the chapter concerning appeals of administrative decisions.

(f)

Specific administratively approved uses. The following uses may be approved by the zoning administrator after conducting an administrative review:

(1)

Installing an antenna on an existing structure other than a tower (such as a building, sign, light pole, water tower, or other freestanding nonresidential structure) that is less than 50 feet in height, so long as such addition does not add more than 20 feet to the height of the existing structure.

(2)

Installing an antenna on an existing tower of any height, including a preexisting tower and further including the placement of additional buildings or other supporting equipment used in connection with said antenna, so long as the addition of said antenna adds no more than 20 feet to the height of said existing tower.

(3)

Locating any alternative tower structure in a zoning district other than light-industrial that in the judgment of the zoning administrator is in conformity with the goals set forth in section 119-668.

(4)

Locating a tower in a zoning district where towers are a permitted use, provided a licensed professional engineer certifies the tower can structurally accommodate the number of share users proposed by the applicant; the zoning administrator concludes the tower is in conformity with the goals set forth in section 119-668 and the requirements of sections 119-671 through 119-673; the tower is to be set back from any existing off-site residence a distance equal to the height of the tower; and that the tower meets the following height and usage criteria:

a.

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

b.

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

c.

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

(Code 2003, § 39-105(21)(E))

(a)

General. The following provision shall govern the issuance of conditional use permits:

(1)

If the tower or antenna is not a permitted use under section 119-674 or permitted to be approved administratively pursuant to section 119-675, then a conditional use permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts.

(2)

In granting a conditional use permit, the council may impose conditions based on the extent the council concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

(3)

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

(b)

Information required. Each applicant requesting a conditional use permit under this division shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation, signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information deemed by the council to be necessary to assess compliance with this division.

(c)

Factors considered in granting conditional use permits. The council shall consider the following factors in determining whether to issue a conditional use permit, although the council may waive or reduce the burden on the applicant of one or more of these criteria if the council concludes that the goals of this division are better served thereby.

(1)

Height of the proposed tower;

(2)

Proximity of the tower to residential structures and residential zoning district boundaries;

(3)

Nature of uses on adjacent and nearby properties;

(4)

Surrounding topography;

(5)

Surrounding tree coverage and foliage;

(6)

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

(7)

Proposed ingress and egress; and

(8)

Availability of suitable existing towers and other structures as discussed in section 119-670.

(d)

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

(6)

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

(e)

Setbacks and separation. The following setbacks and separation requirements shall apply to all towers and antennas for which a conditional use permit is required; provided, however, that the council may reduce the standard setbacks and separation requirements if the goals of this division would be better served thereby.

(1)

Towers must be set back a distance equal to the height of the tower from any off-site residential structure.

(2)

Towers, guys, and accessory facilities must satisfy the minimum zoning district setback requirements.

(3)

In zoning districts other than industrial or heavy commercial zoning districts, towers over 90 feet in height shall not be located within one-quarter of a mile from any existing tower that is over 90 feet in height.

(f)

Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the council may waive such requirements, as it deems appropriate.

(g)

Landscaping. The following requirements shall govern the landscaping surrounding towers for which a conditional use permit is required; provided, however, that the council may waive such requirement if the goals of this division would be better served thereby:

(1)

Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from adjacent residential property. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.

(2)

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

(3)

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

(Code 2003, § 39-105(21)(F))

Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove same within 90 days of receipt of notice from the council notifying the owner of such abandonment. If such antenna or tower is not removed within said 90 days, the city may, in the manner provided in O.C.G.A. §§ 41-2-8—41-2-17, remove such antenna or tower at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

(Code 2003, § 39-105(21)(G))

It is the purpose of this chapter to protect the public health, safety and general welfare of individuals and the community at large; to monitor and provide reasonable means for citizens to mitigate impacts created by occupancy of short-term vacation units; and to implement rationally based, reasonably tailored regulations to protect the integrity of the city's neighborhoods.

(Ord. of 9-6-2016(2), § 2)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Code compliance verification form is a document executed by a short-term vacation owner certifying that the short-term vacation unit complies with applicable zoning, building, health and life safety code provisions. No person shall allow occupancy or possession of any short-term vacation rental unit if the premises is in violation of any applicable zoning, building, health or life safety code provisions.

Short-term vacation rental means an accommodation for transient guests where, in exchange for compensation, a residential dwelling unit is provided for lodging for a period of time not to exceed 30 consecutive days. Such use may or may not include an on-site manager. For the purposes of this definition, a residential dwelling shall include all dwelling units as defined in section 119-2 of this Code, but shall exclude group living or other lodging uses.

Short-term vacation rental agent means a natural person designated by the owner of a short-term vacation rental on the short-term vacation rental certificate application. Such person shall be available for and responsive to contact at all times and someone who is customarily present at a location within the city for purposes of transacting business.

Short-term vacation rental occupants means guests, tourists, lessees, vacationers or any other person who, in exchange for compensation, occupy a dwelling unit for lodging for a period of time not to exceed 30 consecutive days.

(Ord. of 9-6-2016(2), § 2)

(a)

No person shall rent, lease or otherwise exchange for compensation all or any portion of a dwelling unit as short-term vacation rental, as defined in section 119-691, without first obtaining an occupation tax certificate from the city clerk and complying with the regulations contained in this division. No certificate issued under this division may be transferred or assigned or used by any person other than the one to whom it is issued, or at any location other than the one for which it is issued.

(b)

An inspection is required by the city housing official prior to any certificates being issued and an annual inspection will be required at time of renewal.

(Ord. of 9-6-2016(2), § 2)

(a)

Applicants for a short-term vacation rental certificate shall submit, on an annual basis, an application for a short-term vacation rental certificate to the city manager. The application shall be furnished under oath on a form specified by the city manager, accompanied by a non-refundable application fee in the amount of $45.00. Such application should include:

(1)

The name, address, telephone and email address of the owner(s) of record of the dwelling unit for which a certificate is sought. If such owner is not a natural person, the application shall identify all partners, officers and/or directors of any such entity, including personal contact information;

(2)

The address of the unit to be used as a short-term vacation rental;

(3)

The name, address, telephone number and email address of the short-term vacation rental agent, which shall constitute his or her 24-hour contact information;

(4)

The owner's sworn acknowledgement that he or she has received a copy of this Division, has reviewed it and understands its requirements;

(5)

The number and location of parking spaces allotted to the premises;

(6)

The owner's agreement to use his or her best efforts to assure that use of the premises by short-term vacation rental occupants will not disrupt the neighborhood, and will not interfere with the rights of neighboring property owners to the quiet enjoyment of their properties; and

(7)

Any other information that this division requires the owner to provide to the city as part of an application for a short-term vacation rental certificate. The city manager or his or her designee shall have the authority to obtain additional information from the applicant as necessary to achieve the objectives of this division.

(b)

Attached to and concurrent with submission of the application described in this section, the owner shall provide:

(1)

The owner's sworn code compliance verification form;

(2)

A written exemplar agreement, which shall consist of the form of document to be executed between the owner and occupant(s) and which shall contain the following provisions:

a.

The occupant(s)' agreement to abide by all of the requirements of this division, any other City of Porterdale ordinances, state and federal law and acknowledgement that his or her rights under the agreement may not be transferred or assigned to anyone else;

b.

The occupant(s)' acknowledgement that it shall be unlawful to allow or make any noise or sound that exceeds the limits set forth in the city's noise ordinance; and

c.

The occupant(s)' acknowledgement and agreement that violation of the agreement or this division may result in immediate termination of the agreement and eviction from the short-term vacation rental unit by the owner or agent, as well as the potential liability for payments of fines levied by the city.

(3)

Proof of the owner's current ownership of the short-term vacation rental unit;

(4)

Proof of insurance; and

(5)

A written certification from the short-term vacation rental agent that he or she agrees to perform the duties specified in subsection 119-694(b).

(c)

The certificate holder shall publish a short-term vacation rental certificate number in every print, digital, or internet advertisement and any property listing in which the short-term vacation rental is advertised.

(Ord. of 9-6-2016(2), § 2)

(a)

The owner of a short-term vacation rental shall designate a short-term vacation rental agent on its application for a short-term vacation rental certificate. A property owner may serve as the short-term vacation rental agent. Alternatively, the owner may designate a natural person as his or her agent who is over age 18.

(b)

The duties of the short-term vacation rental agent are to:

(1)

Be reasonably available to handle any problems arising from use of the short-term vacation rental unit;

(2)

Appear on the premises of any short-term vacation rental unit within two hours following notification from the city of issues related to the use or occupancy of the premises. This includes, but is not limited to, notification that occupants of the short-term vacation rental unit have created unreasonable noise or disturbances, engaged in disorderly conduct or committed violations of the City Code or other applicable law pertaining to noise, disorderly conduct, overcrowding, consumption of alcohol or use of illegal drugs. Failure of the agent to timely appear to two or more complaints regarding violations may be grounds for penalties as set forth in this division. This is not intended to impose a duty to act as a peace officer or otherwise require the agent to place himself or herself in a perilous situation;

(3)

Receive and accept service of any notice of violation related to the use or occupancy of the premises; and

(4)

Monitor the short-term vacation rental unit for compliance with this division.

(c)

An owner may change his or her designation of a short-term vacation rental agent temporarily or permanently; however there shall only be one such agent for a property at any given time. To change the designated agent, the owner shall notify the city manager in writing of the new agent's identity, together with all information regarding such person as required by the applicable provisions of section 119-693.

(Ord. of 9-6-2016(2), § 2)

Review of an application shall be conducted in accordance with due process principles and shall be granted unless the applicant fails to meet the conditions and requirements of this division, or otherwise fails to demonstrate the ability to comply with local, state or federal law. Any false statements or information provided in the application are grounds for revocation, suspension and/or imposition of penalties, including denial of future applications.

(Ord. of 9-6-2016(2), § 2)

(a)

A legible copy of the short-term vacation rental unit certificate shall be posted within the unit.

(b)

Short-term vacation rental units must be properly maintained and regularly inspected by the owner to ensure continued compliance with applicable zoning, building, health and life safety code provisions.

(Ord. of 9-6-2016(2), § 2)

(a)

To ensure the continued application of the intent and purpose of this division, the city manager shall notify the owner of a short-term vacation rental unit of all instances in which nuisance behavior of the rental guest or the conduct of his or her short-term vacation rental unit agent results in a citation for a code violation or other legal infraction.

(b)

The city clerk shall maintain in each short-term vacation rental location file a record of all code violation charges, founded accusations and convictions occurring at or relating to a short-term vacation rental unit. When a property owner has accumulated three code violations for a particular property within a period of 12 consecutive months, the city shall revoke any pending certificates and reject all applications for the subject premises for a period of 12 consecutive months.

(c)

If a short-term vacation rental unit owner has been cited and found to be in violation of any zoning, building, health or life safety code provision, the owner must demonstrate compliance with the applicable code prior to being eligible to receive a short-term vacation rental certificate.

(d)

Citations for code violations and any other violation of the City Code may be heard by the Porterdale Municipal Court.

(e)

Violations of this division are subject to the following fines, which may not be waived or reduced and which may be combined with any other legal remedy available to the city:

(1)

First violation: $500.00.

(2)

Second violation within the preceding 12 months: $750.00.

(3)

Third violation within 12 months of the second violation: $1,000.00.

(f)

A person aggrieved by the city's decision to revoke, suspend or deny a short-term vacation rental certificate may appeal the decision to the city manager. The appeal must be filed with the city manager's office in writing, within 30 calendar days after the adverse action and it shall contain a concise statement of the reasons for the appeal. Timely filing of an appeal shall stay the revocation, suspension or denial pending a decision by the city manager.

(g)

The city manager or appointed designee shall consider the appeal within 30 days after receipt by the city manager of a request unless otherwise agreed in writing by the city and aggrieved party. All interested parties shall have the right to be represented by counsel, to present testimony and evidence, and to cross-examine witnesses. The city manager shall render a determination, which will constitute a final ruling on the application.

(h)

Nothing in this division shall limit the city from enforcement of its Code, state or federal law by any other legal remedy available to the city. Nothing in this division shall be construed to limit or supplant the power of any city inspector, or other duly empowered officer under the city's ordinances, rules and regulations and the authority granted under state law, as amended, to take necessary action, consistent with the law, to protect the public from property which constitutes a public nuisance or to abate a nuisance by any other lawful means of proceedings.

(Ord. of 9-6-2016(2), § 2)

Short-term vacation rental unit owners are subject to state sales tax, city taxes, including but not limited to the hotel/motel tax, and are liable for payment thereof as established by state law and the City Code. The city shall be entitled to enforce payment of all applicable taxes in the manners provided by law, including injunctive relief.

(Ord. of 9-6-2016(2), § 2)