- GENERAL PROVISIONS
Except as hereinafter specifically provided, the following regulations shall apply:
Whenever any provisions of these Regulations imposes more stringent requirements, regulations, restrictions, or limitations that are imposed or required by the provisions of any other law or regulations, the provisions of these Regulations shall govern.
No building or structure, or part thereof, shall hereinafter be erected, constructed, or reconstructed, or altered and maintained, and no new use or change shall be made or maintained of any building, structure, or land, or part thereof, except in conformity with the provisions of these Regulations.
Except as herein provided, there shall be no more than one (1) principal dwelling per lot or parcel. However, in R, PI, and MU Zones within the unincorporated areas of Pulaski County, as many as four (4) bedrooms on any parcel of land greater than two (2) acres shall be permitted. All residential uses shall meet the following conditions:
1.
Each such land area shall have a numerical address.
2.
Each such land area shall receive approval from the Pulaski County Health Department as to its suitability as a site for an effective sanitary sewage disposal system designed to accommodate wastes generated by the user of that land site.
3.
An acceptable domestic water supply shall be available to each user of the supply and such water supply shall meet local requirements as administered by the Pulaski County Health Department.
4.
Each use shall be accessible either by private drive or public roadway to the public thoroughfare system.
5.
Facilities established under these provisions for residential use shall meet the requirements of local construction and use codes established by the Pulaski County Commissioner. The Pulaski County Building Inspector will not issue permits for construction prior to the approval of each of the aforementioned conditions.
Any residentially zoned lot that was recorded at the time of the effective date of these Regulations that does not meet the requirements of these Regulations may be utilized for single residential purposes. However, all substandard lots must have County Health Department approval for placement of well and septic tanks. The purpose is to permit utilization of recorded lots, which lack adequate width or depth as long as reasonable living standards can be provided.
No primary structure shall be erected or placed upon the rear or side of a lot or upon a lot with another dwelling without approval.
In all Districts, no fence, wall, hedge, or shrub planting that obstructs the site lines at elevations between two feet (2') and twelve feet (12') above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty-five feet (25') from the intersection of the street property lines, or in case of a rounded property corner, from the intersection of the street property lines extended. No trees shall be permitted to remain within such distances of such intersections unless the foliage line is maintained to comply with the above site lines.
No lot shall be reduced in size so that lot area or other requirements of these Regulations are not maintained.
Before a building permit or certificate of occupancy shall be issued for a conditional use, application shall be made to the Planning and Zoning Board which, after careful review of any applicable sections of these Regulations, may recommend to the County Commissioner the approval of such permit, if in the judgment of the Planning and Zoning Board the use will not be detrimental to the health, safety, and general welfare of Pulaski County.
An application to establish a conditional use shall be approved following review by the Planning and Zoning Board and a determination by the Pulaski County Commissioner that:
1.
The proposed use will not be contrary to the purposes of these Regulations.
2.
The proposed use will not be detrimental to the use or development of adjacent properties or the general neighborhood nor affect adversely the health and safety of residents and workers.
3.
The proposed use will not constitute a nuisance or hazard because of the number of persons who will attend or use such facility, vehicular movement, noise or fumes generation, or type of physical activity.
4.
The proposed use will not be affected adversely by the existing uses; and the proposed use will be placed on a lot of sufficient size to satisfy the space requirements of said use.
5.
All development standards set forth for each particular use for which a permit may be granted have been met.
6.
Provided that the County Commissioner may impose or require such additional restrictions and standards as may be necessary to protect the heath and safety of workers and residents in the community, and to protect the value and use of property in the general neighborhood; and provided that wherever the Sole County Commissioner shall find, in the case of any permit granted, pursuant to the provision of these regulations that any term, conditions, or restrictions upon which such permit was granted are not being complied with, said commissioner shall rescind and revoke such permit after giving due notice to all parties concerned and granting full opportunity for a public hearing.
Accessory buildings, except as otherwise permitted in these Regulations, shall be subject to the following regulations:
1.
Where the accessory building is structurally attached to a main building, it shall be subject to and must conform to all regulations herein applicable to principal buildings.
2.
No detached accessory building shall be located closer than twenty-five feet (25') to any property line.
3.
Garages, in any district, shall not be erected, constructed, or altered closer to the side lot line than the permitted distance for the dwelling.
4.
Carports, in any district, shall not be erected, constructed, or altered closer to the side lot line than the permitted distance for the dwelling.
5.
Accessory buildings may not be stacked upon one another either during use or storage of such buildings.
Travel trailers and motor homes shall not be utilized as permanent dwellings in any district and shall only be allowed as temporary dwellings in designated travel trailer, motor home, recreational vehicle parks, or in the General Agricultural or Intensive Agricultural Districts.
Manufactured homes being installed within the county, or being relocated within the county (except when being moved within the boundaries of the property it currently occupies) shall be required to meet any and all applicable building inspection standards or conditions pertaining to the health and safety of manufactured homes as locally adopted.
"Install" shall mean to construct a foundation system and to place or erect the manufactured home on such foundation system. Such term includes, without limitation, supporting, blocking, leveling, securing, or anchoring the manufactured home and connecting multiple or expandable sections of the manufactured home.
Manufactured homes shall not be stored on a lot or parcel more than thirty (30) days.
Manufactured homes shall not be utilized as accessory buildings.
Joining or connecting two (2) manufactured homes is not permitted.
All pre-owned manufactured homes located in the jurisdiction shall bear a label certifying it was constructed in compliance with the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq. (the HUD Code) and shall be installed in accordance with O.C.G.A. § 8-2-160, et seq.
A permit shall be required to locate a pre-owned manufactured home in the jurisdiction. All permits shall be issued within three (3) business days of receipt of all items listed in subsections (a)(1)—(4) of this Section.
(a)
Permit. To obtain a permit, Applicants shall provide to the building inspector:
(1)
An affidavit signed by the applicant that the pre-owned manufactured home meets health and safety standards required by this Act;
(2)
Photographs of the interior and exterior of the pre-owned manufactured home providing evidence that home meets the minimum health and safety standards of Section 4 of this Ordinance, At the request of the Applicant, the building inspector may, at his or her discretion, inspect a pre-owned manufactured home prior to its being relocated if the home is then located at another site within the County;
(3)
A refundable guarantee of condition bond or refundable cash deposit; and
(4)
The permit and inspection fee required by subsection (d) of this Section.
(b)
Inspection. Upon receipt of a permit, Applicants may relocate the manufactured home on a residential site for the purposes of inspection. Applicant shall arrange for an inspection to be held once the installation of the manufactured home is complete.
(c)
Certificate of Occupancy. A certificate of occupancy shall be issued to the Applicant at such time that the building inspector certifies that the requirements of this Ordinance have been met.
(d)
Fee. A permit and inspection fee shall be charged to the applicant to cover the cost to the County to process the permit application and inspect the pre-owned manufactured home. Such fee shall cover the initial inspection and one follow-up inspection. The applicant shall be charged an additional fee for each additional follow-up inspection that may be necessary.
(e)
Setting of Bonds, Cash Deposits, and Fees: Bonds, Cash Deposits, and Fees for this section (Section 5.5.2) shall be set by the Pulaski County Commissioner during an official meeting of the Commissioner that has been advertised according to the Commissioner's open meetings policy.
All preowned manufactured homes shall comply with the following before being issued a certificate of occupancy by the building inspector:
(a)
HUD Code. Every pre-owned manufactured home located in the jurisdiction shall be in compliance with the Federal Manufactured Housing Construction and Safety Standards Act, 42 U.S.C. 5401—5445 (the HUD Code) and shall not have been altered in such a way that the home no longer meets the HUD Code.
(b)
Interior Condition. Every floor, interior wall, and ceiling of a pre-owned manufactured home shall be in sound condition. Doors and windows shall be operable, watertight and in good working condition. The floor system shall be in sound condition and free of warping, holes, water damage, or deterioration.
(c)
Exterior Condition. The exterior of all pre-owned manufactured homes shall be free of loose or rotting boards or timbers and any other conditions that might admit rain or moisture to the interior portions of the walls or to occupied spaces. The exterior siding shall be free of rot and rust. Roofs shall be structurally sound and have no obvious defects that might admit rain or cause moisture to collect on the interior portion of the home.
(d)
Sanitary Facilities. Every plumbing fixture, water, and waste pipe of a pre-owned manufactured home shall be in a sanitary working condition when properly connected, and shall be free from leaks and obstructions. Each home shall contain a kitchen sink. Each bathroom shall contain a lavatory and water closet. At least one bathroom shall contain a tub and/or shower facilities. Each of these fixtures shall be checked upon being connected to ensure they are in good working condition.
(e)
Heating Systems. Heating shall be safe and in working condition. Unvented heaters shall be prohibited.
(f)
Electrical Systems. Electrical systems (switches, receptacles, fixtures, etc.) shall be properly installed and wired and shall be in working condition. Distribution panels shall be in compliance with the approved listing, complete with required breakers, with all unused openings covered with solid covers approved and listed for that purpose. The home shall be subject to an electrical continuity test to assure that all metallic parts are properly bonded.
(g)
Hot Water Supply. Each home shall contain a water heater in safe and working condition.
(h)
Egress Windows. Each bedroom of a manufactured home shall have at least one operable window of sufficient size to allow egress if necessary.
(i)
Ventilation. The kitchen in the home shall have at least one operating window or other ventilation device.
(j)
Smoke Detectors. Each pre-owned manufactured home shall contain one operable battery-powered smoke detector in each bedroom and in the kitchen, which must be installed in accordance with the manufacturer's recommendations.
(k)
All manufactured homes not placed in land lease communities shall have all towing apparatus removed and underpinning in place within thirty (30) days of being placed upon a property.
The purpose of this Section is to establish standards and regulations of antennas and towers. The goals are to:
1.
Encourage the location of towers in non-residential areas and minimize the total number of towers throughout the County.
2.
Strongly encourage the joint use of new and existing tower sites.
3.
Encourage location of towers and antennas, to the extent possible, in areas where the adverse impact on the community is minimal.
4.
Encourage configuration in a way that minimizes the adverse visual impact of towers and antennas.
5.
Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently.
Telecommunication towers and antennas are allowed in each district as a conditional use. Each applicant requesting a Conditional Use permit for an antenna and/or tower will be required to submit:
1.
A letter of authorization signed by the owner and notarized granting permission to the agent, with a copy of the lease agreement.
2.
A plat of the property and site plan showing approved drives, setbacks, and other Regulation requirements.
3.
DOT/County driveway approval, as required.
4.
FCC & FAA acknowledgement.
5.
An inventory of existing tower sites that are within the County and within one-quarter (¼) mile of the border thereof, including specific information about the location, height, and design of each tower.
6.
Documentation concerning prospective carrier(s).
The following shall govern the location of all towers and the installation of all antennas:
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 equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
4.
Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the governing authority may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.
5.
All towers that are greater than two hundred feet (200') in height or located within one (1) mile of an airport shall be registered with the FCC. Upon registration, and based on the recommendation of the FAA, the FCC shall require the structure to be painted and lighted as necessary to make it conspicuous to aircraft.
6.
All towers shall have a set back from any structure, roadway, or property line that is equal to its height in feet.
7.
Landscaping and buffer requirements:
a)
Landscaping and buffer requirements can be waived where the applicant makes other means of screening the support structure base and adjacent equipment facilities (i.e., opaque fencing, etc.). The waiver shall be in writing by the Zoning Administrator pending an administrative review of the development plans.
b)
Existing mature tree growth and natural land forms on the site shall be preserved to the extent feasible; provided, however, that vegetation that causes interference with the antennas or inhibits access to the equipment facility may be trimmed.
c)
Existing vegetation on site may be used in lieu of required landscaping where approved by the Zoning Administrator.
d)
Landscaping shall be confined to the leased area of the tower or antenna wherever feasible.
e)
It will be the responsibility of the owner/tenant to keep all landscaping material (as part of the landscaped area) free from disease and properly maintained in order to fulfill the purpose for which it was established. The owners of the property, and any tenant on the property where buffers and landscaping are required, shall be jointly and severally responsible for the maintenance of all landscaping materials. Such maintenance shall include all actions necessary to keep the buffer and landscape areas free from litter and debris, to keep plantings healthy, and to keep planted areas neat in appearance. Any vegetation that constitutes part of the buffer or landscaping shall be replaced in the event it dies.
8.
No equipment shall be operated at a tower or antenna so as to produce noise that would constitute a nuisance based on local or state laws, except in emergency situations requiring the use of a backup generator, where the noise standards may be exceeded on a temporary basis, not to exceed fourteen (14) days. No generator shall be used for regular tower or antenna operations prior to commercial power being delivered to the site.
9.
Towers or antennas with support structures shall be enclosed by a security fence of neutral color not less than six feet (6') in height. The support structure shall also be quipped with an appropriate anti-climbing device.
10.
The Federal Telecommunications Act or 1996 (FTA) gives the FCC sole jurisdiction of the field of regulation of radio frequency (RF) emissions and towers and antennae which meet the FCC standards shall not be conditioned or denied on the basis of RF impacts.
11.
Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall remove same within ninety (90) days of receipt of notice from the governing authority notifying the owner of such abandonment. If such antenna or tower is not removed within said ninety (90) days, the governing authority may, in the manner provided in Sections 41-2-8 through 41-2-17 of the Official Code of Georgia, remove such antenna or tower at the owner's expense. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the towers.
It is the intent and purpose of this Section to set forth standards that employ a higher degree of scrutiny for locations chosen or potential sites chosen to be in the best interest of the health, welfare, safety, and morals of the community. The following regulations should prevent the deleterious effects that adult entertainment businesses have upon neighborhoods and property values, as well as other public places such as churches, schools, and parks without unreasonably infringing upon the protected rights of adult entertainment businesses and their patrons.
Adult entertainment businesses shall be permitted as a conditional use in the IA Zoning District subject to the conditions set forth in this Section:
Provided the Planning and Zoning Board and County Commissioner approve a site plan that includes parking, lighting, signage, and noise control. The plan shall also show any properties within one thousand feet (1,000') of the proposed location.
The County Commissioner may consider if there is evidence that the type and number of schools, churches, libraries, recreational facilities, and residential developments in the vicinity of the proposed location may cause minors to frequent the immediate area.
Unless otherwise specified elsewhere in these Regulations, adult entertainment businesses shall be required to conform to the following standards:
1.
The property line of the parcel containing the adult business shall not be located within five (5) miles of any of the following:
• Any parcel of land upon which a church, school, licensed day care center, governmental building simultaneously owned and occupied by such government, library, civic center, public park, or playground is located.
• Another adult entertainment business.
2.
All lights or lighting arrangements shall be directed away from adjoining or nearby residential properties.
3.
No alcoholic beverages shall be served or brought onto the premises of the adult entertainment business.
4.
Permits for all adult entertainment businesses shall be obtained from Pulaski County with all fees to be determined by the current fee schedule on file with the Sole Commissioner of Pulaski County.
The provisions of this section shall govern the location, size, setback, and height of signs in each of the use districts established in these regulations in order to insure safe construction, light, air, and open space, to reduce hazards at intersections, to prevent the accumulation of trash, and to protect property values of the entire community. In addition, the provisions set forth in the Pulaski County Building Code adopted by the Governing Body, including all revisions and amendments thereto, shall also be adhered to.
All types of signs, except billboards, shall be allowed without a permit in all zoning districts where they are permitted uses. Permits shall be required for all billboard signs.
All signs shall be subject to the same setbacks and other limitations imposed upon buildings or structures in the use district in which said sign is located, except as otherwise provided herein.
For the purpose of computing sign size, both sides of a sign shall be considered.
No sign shall be placed upon any street, road, or highway right-of-way within the unincorporated area of Pulaski County.
No sign shall be located in such a manner as to materially impede the view of any street or highway intersection; or in such a manner as to materially impede the view of the intersection of a street or highway with a railroad crossing.
No sign shall be erected, relocated, or maintained so as to prevent free ingress to or egress from any door, window, or fire escape.
No portion of any sign shall be less than ten feet (10') above the level of a sidewalk or other pedestrian thoroughfare, nor shall be less than sixteen feet (16') above the level of a public driveway, alley, or street.
Signs for the purpose of conveying information, knowledge, or ideas to the public about a subject directly relating to the premises on which it is located shall be permitted in the following zoning district provided the following requirements are adhered to:
GA, IA, R, PRC
A single non-illuminated sign per lot, not exceeding two square feet (2 sq. ft.) in area.
Permanent signs not exceeding thirty-two square feet (32 sq. ft.) in size identifying subdivisions, apartment developments, or church bulletin boards.
PI, MU
Signs not exceeding twelve square feet (12 sq. ft.) in size.
Signs pertaining to the sale or lease of property upon which it is located.
Principal use identification signs not exceeding forty square feet (40 sq. ft.) in size.
For the purpose of these regulations the State Law, H.B. Bo. 9 EX, governing outdoor advertising adjacent to any state-aid road that is also a part of the interstate or primary systems of highways is hereby made a part of these regulations and shall govern the placement and maintenance of signs in addition to the following provisions. Whenever these regulations are in conflict with Georgia State Law, the most restrictive shall govern.
Billboards shall only be allowed by permit within the Mixed Use District. Applications for permits shall be made upon forms provided by the Zoning Administrator, accompanied by such application fees as set forth by the Sole Commissioner of Pulaski County.
Billboards shall not be located with five hundred feet (500') of another billboard.
Billboards shall not be illuminated.
Minimum display surface area shall be two hundred square feet (200 sq. ft.) and maximum display surface area shall be seven hundred square feet (700 sq. ft.).
Any sign that uses the word "Stop" or "Danger" prominently displayed and/or that is a copy or imitation of official traffic control signs.
Any sign that contains flashing or intermittent red, green, blue, or amber illumination that could interfere with the effectiveness of, or obscure, an official traffic sign, device, signal, or public safety official.
No sign or advertisement, other than official signs posted by the County, State, or Federal Government shall be posted on public property.
All sign structures, including billboards, shall be kept in good repair and a proper state of preservation.
All sign structures, including billboards, which are no longer functional, or are abandoned, shall be removed or relocated at the owner's expense, in compliance with the provisions of these Regulations within thirty (30) days following dysfunction.
All legally established nonconforming sign or billboard, in place before the adoption of these Regulations, shall be permitted without alteration in size or location, provided that the requirements of these Regulations are adhered to.
In the event of the destruction of any sign or billboard, in excess of fifty percent (50%) of the total sign area, the owner shall have the right to reconstruct, rebuild, renovate, or repair said sign to the same condition as before said destruction, unless said sign was non-conforming at the time of destruction, in which case the sign must be reconstructed so as to conform to these Regulations.
All large-scale poultry and swine production facilities, as well as all feedlots, must meet or exceed the requirements contained within this Section.
Setbacks - The following setbacks, unless otherwise stated, are the distance from each primary or accessory structure to any property line(s).
1.
Fifteen hundred feet (1,500') from the following:
• Any residence (excluding the poultry house owner's residence),
• Any property line of any recorded subdivision,
• Any church, school, or other public building or use.
2.
Five hundred feet (500') from any U.S. or State Highway rights-of-way.
3.
Two hundred and fifty feet (250') from all other road rights-of-way and property lines.
Buffers - At the discretion of the Planning and Zoning Board, protective screening may be required to protect nearby existing residential, commercial, industrial, or public land uses from negative impacts such as excessive lights, vehicular activity, odors, and noise. If required, the visual buffer will be planted with deciduous trees, evergreens, flowering trees, ornamental trees, or shrubs in areas designated by the Planning and Zoning Board. Such buffer shall consist of fast growing varieties. The County Extension Agent can advise the applicant on which species shall be suitable.
Site Plans - All large-scale poultry and swine production operations, as well as all feed lots, shall submit a clearly and legibly drawn site plan at a scale not smaller than two hundred feet (200') to one inch (1") represented both graphically and numerically. The site plan must include the following information:
1.
Vicinity map at a scale no smaller than six hundred feet (600') to one inch (1").
2.
North arrow.
3.
Total acreage.
4.
Location of all structures related to the operation.
5.
Access roads, right-of-way, and ingress/egress driveways.
6.
Locations of exhaust fans and compost areas.
7.
Location of on-site wells.
8.
Identification of adjacent property owners by recorded plat reference and identification of habitable dwellings permitted within one thousand five hundred feet (1,500') of the subject property line.
9.
Distance from all road rights-of-way.
Existing Operations - The expansion of a large-scale poultry or swine production operation or feedlot in existence before the effective date of these Regulations shall be allowed provided that the expansion or addition shall not encroach within the setback stipulations stated in these Regulations. In addition, any expansion or addition shall not diminish the distance between any property lines or rights-of-way already within the setback stipulations stated in these Regulations. In no case may an expansion of such use be located closer than two hundred and fifty feet (250') from any property line or right-of-way.
- GENERAL PROVISIONS
Except as hereinafter specifically provided, the following regulations shall apply:
Whenever any provisions of these Regulations imposes more stringent requirements, regulations, restrictions, or limitations that are imposed or required by the provisions of any other law or regulations, the provisions of these Regulations shall govern.
No building or structure, or part thereof, shall hereinafter be erected, constructed, or reconstructed, or altered and maintained, and no new use or change shall be made or maintained of any building, structure, or land, or part thereof, except in conformity with the provisions of these Regulations.
Except as herein provided, there shall be no more than one (1) principal dwelling per lot or parcel. However, in R, PI, and MU Zones within the unincorporated areas of Pulaski County, as many as four (4) bedrooms on any parcel of land greater than two (2) acres shall be permitted. All residential uses shall meet the following conditions:
1.
Each such land area shall have a numerical address.
2.
Each such land area shall receive approval from the Pulaski County Health Department as to its suitability as a site for an effective sanitary sewage disposal system designed to accommodate wastes generated by the user of that land site.
3.
An acceptable domestic water supply shall be available to each user of the supply and such water supply shall meet local requirements as administered by the Pulaski County Health Department.
4.
Each use shall be accessible either by private drive or public roadway to the public thoroughfare system.
5.
Facilities established under these provisions for residential use shall meet the requirements of local construction and use codes established by the Pulaski County Commissioner. The Pulaski County Building Inspector will not issue permits for construction prior to the approval of each of the aforementioned conditions.
Any residentially zoned lot that was recorded at the time of the effective date of these Regulations that does not meet the requirements of these Regulations may be utilized for single residential purposes. However, all substandard lots must have County Health Department approval for placement of well and septic tanks. The purpose is to permit utilization of recorded lots, which lack adequate width or depth as long as reasonable living standards can be provided.
No primary structure shall be erected or placed upon the rear or side of a lot or upon a lot with another dwelling without approval.
In all Districts, no fence, wall, hedge, or shrub planting that obstructs the site lines at elevations between two feet (2') and twelve feet (12') above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty-five feet (25') from the intersection of the street property lines, or in case of a rounded property corner, from the intersection of the street property lines extended. No trees shall be permitted to remain within such distances of such intersections unless the foliage line is maintained to comply with the above site lines.
No lot shall be reduced in size so that lot area or other requirements of these Regulations are not maintained.
Before a building permit or certificate of occupancy shall be issued for a conditional use, application shall be made to the Planning and Zoning Board which, after careful review of any applicable sections of these Regulations, may recommend to the County Commissioner the approval of such permit, if in the judgment of the Planning and Zoning Board the use will not be detrimental to the health, safety, and general welfare of Pulaski County.
An application to establish a conditional use shall be approved following review by the Planning and Zoning Board and a determination by the Pulaski County Commissioner that:
1.
The proposed use will not be contrary to the purposes of these Regulations.
2.
The proposed use will not be detrimental to the use or development of adjacent properties or the general neighborhood nor affect adversely the health and safety of residents and workers.
3.
The proposed use will not constitute a nuisance or hazard because of the number of persons who will attend or use such facility, vehicular movement, noise or fumes generation, or type of physical activity.
4.
The proposed use will not be affected adversely by the existing uses; and the proposed use will be placed on a lot of sufficient size to satisfy the space requirements of said use.
5.
All development standards set forth for each particular use for which a permit may be granted have been met.
6.
Provided that the County Commissioner may impose or require such additional restrictions and standards as may be necessary to protect the heath and safety of workers and residents in the community, and to protect the value and use of property in the general neighborhood; and provided that wherever the Sole County Commissioner shall find, in the case of any permit granted, pursuant to the provision of these regulations that any term, conditions, or restrictions upon which such permit was granted are not being complied with, said commissioner shall rescind and revoke such permit after giving due notice to all parties concerned and granting full opportunity for a public hearing.
Accessory buildings, except as otherwise permitted in these Regulations, shall be subject to the following regulations:
1.
Where the accessory building is structurally attached to a main building, it shall be subject to and must conform to all regulations herein applicable to principal buildings.
2.
No detached accessory building shall be located closer than twenty-five feet (25') to any property line.
3.
Garages, in any district, shall not be erected, constructed, or altered closer to the side lot line than the permitted distance for the dwelling.
4.
Carports, in any district, shall not be erected, constructed, or altered closer to the side lot line than the permitted distance for the dwelling.
5.
Accessory buildings may not be stacked upon one another either during use or storage of such buildings.
Travel trailers and motor homes shall not be utilized as permanent dwellings in any district and shall only be allowed as temporary dwellings in designated travel trailer, motor home, recreational vehicle parks, or in the General Agricultural or Intensive Agricultural Districts.
Manufactured homes being installed within the county, or being relocated within the county (except when being moved within the boundaries of the property it currently occupies) shall be required to meet any and all applicable building inspection standards or conditions pertaining to the health and safety of manufactured homes as locally adopted.
"Install" shall mean to construct a foundation system and to place or erect the manufactured home on such foundation system. Such term includes, without limitation, supporting, blocking, leveling, securing, or anchoring the manufactured home and connecting multiple or expandable sections of the manufactured home.
Manufactured homes shall not be stored on a lot or parcel more than thirty (30) days.
Manufactured homes shall not be utilized as accessory buildings.
Joining or connecting two (2) manufactured homes is not permitted.
All pre-owned manufactured homes located in the jurisdiction shall bear a label certifying it was constructed in compliance with the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq. (the HUD Code) and shall be installed in accordance with O.C.G.A. § 8-2-160, et seq.
A permit shall be required to locate a pre-owned manufactured home in the jurisdiction. All permits shall be issued within three (3) business days of receipt of all items listed in subsections (a)(1)—(4) of this Section.
(a)
Permit. To obtain a permit, Applicants shall provide to the building inspector:
(1)
An affidavit signed by the applicant that the pre-owned manufactured home meets health and safety standards required by this Act;
(2)
Photographs of the interior and exterior of the pre-owned manufactured home providing evidence that home meets the minimum health and safety standards of Section 4 of this Ordinance, At the request of the Applicant, the building inspector may, at his or her discretion, inspect a pre-owned manufactured home prior to its being relocated if the home is then located at another site within the County;
(3)
A refundable guarantee of condition bond or refundable cash deposit; and
(4)
The permit and inspection fee required by subsection (d) of this Section.
(b)
Inspection. Upon receipt of a permit, Applicants may relocate the manufactured home on a residential site for the purposes of inspection. Applicant shall arrange for an inspection to be held once the installation of the manufactured home is complete.
(c)
Certificate of Occupancy. A certificate of occupancy shall be issued to the Applicant at such time that the building inspector certifies that the requirements of this Ordinance have been met.
(d)
Fee. A permit and inspection fee shall be charged to the applicant to cover the cost to the County to process the permit application and inspect the pre-owned manufactured home. Such fee shall cover the initial inspection and one follow-up inspection. The applicant shall be charged an additional fee for each additional follow-up inspection that may be necessary.
(e)
Setting of Bonds, Cash Deposits, and Fees: Bonds, Cash Deposits, and Fees for this section (Section 5.5.2) shall be set by the Pulaski County Commissioner during an official meeting of the Commissioner that has been advertised according to the Commissioner's open meetings policy.
All preowned manufactured homes shall comply with the following before being issued a certificate of occupancy by the building inspector:
(a)
HUD Code. Every pre-owned manufactured home located in the jurisdiction shall be in compliance with the Federal Manufactured Housing Construction and Safety Standards Act, 42 U.S.C. 5401—5445 (the HUD Code) and shall not have been altered in such a way that the home no longer meets the HUD Code.
(b)
Interior Condition. Every floor, interior wall, and ceiling of a pre-owned manufactured home shall be in sound condition. Doors and windows shall be operable, watertight and in good working condition. The floor system shall be in sound condition and free of warping, holes, water damage, or deterioration.
(c)
Exterior Condition. The exterior of all pre-owned manufactured homes shall be free of loose or rotting boards or timbers and any other conditions that might admit rain or moisture to the interior portions of the walls or to occupied spaces. The exterior siding shall be free of rot and rust. Roofs shall be structurally sound and have no obvious defects that might admit rain or cause moisture to collect on the interior portion of the home.
(d)
Sanitary Facilities. Every plumbing fixture, water, and waste pipe of a pre-owned manufactured home shall be in a sanitary working condition when properly connected, and shall be free from leaks and obstructions. Each home shall contain a kitchen sink. Each bathroom shall contain a lavatory and water closet. At least one bathroom shall contain a tub and/or shower facilities. Each of these fixtures shall be checked upon being connected to ensure they are in good working condition.
(e)
Heating Systems. Heating shall be safe and in working condition. Unvented heaters shall be prohibited.
(f)
Electrical Systems. Electrical systems (switches, receptacles, fixtures, etc.) shall be properly installed and wired and shall be in working condition. Distribution panels shall be in compliance with the approved listing, complete with required breakers, with all unused openings covered with solid covers approved and listed for that purpose. The home shall be subject to an electrical continuity test to assure that all metallic parts are properly bonded.
(g)
Hot Water Supply. Each home shall contain a water heater in safe and working condition.
(h)
Egress Windows. Each bedroom of a manufactured home shall have at least one operable window of sufficient size to allow egress if necessary.
(i)
Ventilation. The kitchen in the home shall have at least one operating window or other ventilation device.
(j)
Smoke Detectors. Each pre-owned manufactured home shall contain one operable battery-powered smoke detector in each bedroom and in the kitchen, which must be installed in accordance with the manufacturer's recommendations.
(k)
All manufactured homes not placed in land lease communities shall have all towing apparatus removed and underpinning in place within thirty (30) days of being placed upon a property.
The purpose of this Section is to establish standards and regulations of antennas and towers. The goals are to:
1.
Encourage the location of towers in non-residential areas and minimize the total number of towers throughout the County.
2.
Strongly encourage the joint use of new and existing tower sites.
3.
Encourage location of towers and antennas, to the extent possible, in areas where the adverse impact on the community is minimal.
4.
Encourage configuration in a way that minimizes the adverse visual impact of towers and antennas.
5.
Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently.
Telecommunication towers and antennas are allowed in each district as a conditional use. Each applicant requesting a Conditional Use permit for an antenna and/or tower will be required to submit:
1.
A letter of authorization signed by the owner and notarized granting permission to the agent, with a copy of the lease agreement.
2.
A plat of the property and site plan showing approved drives, setbacks, and other Regulation requirements.
3.
DOT/County driveway approval, as required.
4.
FCC & FAA acknowledgement.
5.
An inventory of existing tower sites that are within the County and within one-quarter (¼) mile of the border thereof, including specific information about the location, height, and design of each tower.
6.
Documentation concerning prospective carrier(s).
The following shall govern the location of all towers and the installation of all antennas:
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 equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
4.
Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the governing authority may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.
5.
All towers that are greater than two hundred feet (200') in height or located within one (1) mile of an airport shall be registered with the FCC. Upon registration, and based on the recommendation of the FAA, the FCC shall require the structure to be painted and lighted as necessary to make it conspicuous to aircraft.
6.
All towers shall have a set back from any structure, roadway, or property line that is equal to its height in feet.
7.
Landscaping and buffer requirements:
a)
Landscaping and buffer requirements can be waived where the applicant makes other means of screening the support structure base and adjacent equipment facilities (i.e., opaque fencing, etc.). The waiver shall be in writing by the Zoning Administrator pending an administrative review of the development plans.
b)
Existing mature tree growth and natural land forms on the site shall be preserved to the extent feasible; provided, however, that vegetation that causes interference with the antennas or inhibits access to the equipment facility may be trimmed.
c)
Existing vegetation on site may be used in lieu of required landscaping where approved by the Zoning Administrator.
d)
Landscaping shall be confined to the leased area of the tower or antenna wherever feasible.
e)
It will be the responsibility of the owner/tenant to keep all landscaping material (as part of the landscaped area) free from disease and properly maintained in order to fulfill the purpose for which it was established. The owners of the property, and any tenant on the property where buffers and landscaping are required, shall be jointly and severally responsible for the maintenance of all landscaping materials. Such maintenance shall include all actions necessary to keep the buffer and landscape areas free from litter and debris, to keep plantings healthy, and to keep planted areas neat in appearance. Any vegetation that constitutes part of the buffer or landscaping shall be replaced in the event it dies.
8.
No equipment shall be operated at a tower or antenna so as to produce noise that would constitute a nuisance based on local or state laws, except in emergency situations requiring the use of a backup generator, where the noise standards may be exceeded on a temporary basis, not to exceed fourteen (14) days. No generator shall be used for regular tower or antenna operations prior to commercial power being delivered to the site.
9.
Towers or antennas with support structures shall be enclosed by a security fence of neutral color not less than six feet (6') in height. The support structure shall also be quipped with an appropriate anti-climbing device.
10.
The Federal Telecommunications Act or 1996 (FTA) gives the FCC sole jurisdiction of the field of regulation of radio frequency (RF) emissions and towers and antennae which meet the FCC standards shall not be conditioned or denied on the basis of RF impacts.
11.
Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall remove same within ninety (90) days of receipt of notice from the governing authority notifying the owner of such abandonment. If such antenna or tower is not removed within said ninety (90) days, the governing authority may, in the manner provided in Sections 41-2-8 through 41-2-17 of the Official Code of Georgia, remove such antenna or tower at the owner's expense. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the towers.
It is the intent and purpose of this Section to set forth standards that employ a higher degree of scrutiny for locations chosen or potential sites chosen to be in the best interest of the health, welfare, safety, and morals of the community. The following regulations should prevent the deleterious effects that adult entertainment businesses have upon neighborhoods and property values, as well as other public places such as churches, schools, and parks without unreasonably infringing upon the protected rights of adult entertainment businesses and their patrons.
Adult entertainment businesses shall be permitted as a conditional use in the IA Zoning District subject to the conditions set forth in this Section:
Provided the Planning and Zoning Board and County Commissioner approve a site plan that includes parking, lighting, signage, and noise control. The plan shall also show any properties within one thousand feet (1,000') of the proposed location.
The County Commissioner may consider if there is evidence that the type and number of schools, churches, libraries, recreational facilities, and residential developments in the vicinity of the proposed location may cause minors to frequent the immediate area.
Unless otherwise specified elsewhere in these Regulations, adult entertainment businesses shall be required to conform to the following standards:
1.
The property line of the parcel containing the adult business shall not be located within five (5) miles of any of the following:
• Any parcel of land upon which a church, school, licensed day care center, governmental building simultaneously owned and occupied by such government, library, civic center, public park, or playground is located.
• Another adult entertainment business.
2.
All lights or lighting arrangements shall be directed away from adjoining or nearby residential properties.
3.
No alcoholic beverages shall be served or brought onto the premises of the adult entertainment business.
4.
Permits for all adult entertainment businesses shall be obtained from Pulaski County with all fees to be determined by the current fee schedule on file with the Sole Commissioner of Pulaski County.
The provisions of this section shall govern the location, size, setback, and height of signs in each of the use districts established in these regulations in order to insure safe construction, light, air, and open space, to reduce hazards at intersections, to prevent the accumulation of trash, and to protect property values of the entire community. In addition, the provisions set forth in the Pulaski County Building Code adopted by the Governing Body, including all revisions and amendments thereto, shall also be adhered to.
All types of signs, except billboards, shall be allowed without a permit in all zoning districts where they are permitted uses. Permits shall be required for all billboard signs.
All signs shall be subject to the same setbacks and other limitations imposed upon buildings or structures in the use district in which said sign is located, except as otherwise provided herein.
For the purpose of computing sign size, both sides of a sign shall be considered.
No sign shall be placed upon any street, road, or highway right-of-way within the unincorporated area of Pulaski County.
No sign shall be located in such a manner as to materially impede the view of any street or highway intersection; or in such a manner as to materially impede the view of the intersection of a street or highway with a railroad crossing.
No sign shall be erected, relocated, or maintained so as to prevent free ingress to or egress from any door, window, or fire escape.
No portion of any sign shall be less than ten feet (10') above the level of a sidewalk or other pedestrian thoroughfare, nor shall be less than sixteen feet (16') above the level of a public driveway, alley, or street.
Signs for the purpose of conveying information, knowledge, or ideas to the public about a subject directly relating to the premises on which it is located shall be permitted in the following zoning district provided the following requirements are adhered to:
GA, IA, R, PRC
A single non-illuminated sign per lot, not exceeding two square feet (2 sq. ft.) in area.
Permanent signs not exceeding thirty-two square feet (32 sq. ft.) in size identifying subdivisions, apartment developments, or church bulletin boards.
PI, MU
Signs not exceeding twelve square feet (12 sq. ft.) in size.
Signs pertaining to the sale or lease of property upon which it is located.
Principal use identification signs not exceeding forty square feet (40 sq. ft.) in size.
For the purpose of these regulations the State Law, H.B. Bo. 9 EX, governing outdoor advertising adjacent to any state-aid road that is also a part of the interstate or primary systems of highways is hereby made a part of these regulations and shall govern the placement and maintenance of signs in addition to the following provisions. Whenever these regulations are in conflict with Georgia State Law, the most restrictive shall govern.
Billboards shall only be allowed by permit within the Mixed Use District. Applications for permits shall be made upon forms provided by the Zoning Administrator, accompanied by such application fees as set forth by the Sole Commissioner of Pulaski County.
Billboards shall not be located with five hundred feet (500') of another billboard.
Billboards shall not be illuminated.
Minimum display surface area shall be two hundred square feet (200 sq. ft.) and maximum display surface area shall be seven hundred square feet (700 sq. ft.).
Any sign that uses the word "Stop" or "Danger" prominently displayed and/or that is a copy or imitation of official traffic control signs.
Any sign that contains flashing or intermittent red, green, blue, or amber illumination that could interfere with the effectiveness of, or obscure, an official traffic sign, device, signal, or public safety official.
No sign or advertisement, other than official signs posted by the County, State, or Federal Government shall be posted on public property.
All sign structures, including billboards, shall be kept in good repair and a proper state of preservation.
All sign structures, including billboards, which are no longer functional, or are abandoned, shall be removed or relocated at the owner's expense, in compliance with the provisions of these Regulations within thirty (30) days following dysfunction.
All legally established nonconforming sign or billboard, in place before the adoption of these Regulations, shall be permitted without alteration in size or location, provided that the requirements of these Regulations are adhered to.
In the event of the destruction of any sign or billboard, in excess of fifty percent (50%) of the total sign area, the owner shall have the right to reconstruct, rebuild, renovate, or repair said sign to the same condition as before said destruction, unless said sign was non-conforming at the time of destruction, in which case the sign must be reconstructed so as to conform to these Regulations.
All large-scale poultry and swine production facilities, as well as all feedlots, must meet or exceed the requirements contained within this Section.
Setbacks - The following setbacks, unless otherwise stated, are the distance from each primary or accessory structure to any property line(s).
1.
Fifteen hundred feet (1,500') from the following:
• Any residence (excluding the poultry house owner's residence),
• Any property line of any recorded subdivision,
• Any church, school, or other public building or use.
2.
Five hundred feet (500') from any U.S. or State Highway rights-of-way.
3.
Two hundred and fifty feet (250') from all other road rights-of-way and property lines.
Buffers - At the discretion of the Planning and Zoning Board, protective screening may be required to protect nearby existing residential, commercial, industrial, or public land uses from negative impacts such as excessive lights, vehicular activity, odors, and noise. If required, the visual buffer will be planted with deciduous trees, evergreens, flowering trees, ornamental trees, or shrubs in areas designated by the Planning and Zoning Board. Such buffer shall consist of fast growing varieties. The County Extension Agent can advise the applicant on which species shall be suitable.
Site Plans - All large-scale poultry and swine production operations, as well as all feed lots, shall submit a clearly and legibly drawn site plan at a scale not smaller than two hundred feet (200') to one inch (1") represented both graphically and numerically. The site plan must include the following information:
1.
Vicinity map at a scale no smaller than six hundred feet (600') to one inch (1").
2.
North arrow.
3.
Total acreage.
4.
Location of all structures related to the operation.
5.
Access roads, right-of-way, and ingress/egress driveways.
6.
Locations of exhaust fans and compost areas.
7.
Location of on-site wells.
8.
Identification of adjacent property owners by recorded plat reference and identification of habitable dwellings permitted within one thousand five hundred feet (1,500') of the subject property line.
9.
Distance from all road rights-of-way.
Existing Operations - The expansion of a large-scale poultry or swine production operation or feedlot in existence before the effective date of these Regulations shall be allowed provided that the expansion or addition shall not encroach within the setback stipulations stated in these Regulations. In addition, any expansion or addition shall not diminish the distance between any property lines or rights-of-way already within the setback stipulations stated in these Regulations. In no case may an expansion of such use be located closer than two hundred and fifty feet (250') from any property line or right-of-way.